Daughters of Charity - SEIU-UHW Healthcare Workers West
Daughters of Charity - SEIU-UHW Healthcare Workers West Daughters of Charity - SEIU-UHW Healthcare Workers West
An employee who returns from leave of absence on the approved due date will be returned to the same position and shift if the leave is for ninety (90) calendar days or less. Except where otherwise required by applicable law, an employee returning on the approved due date from a leave in excess of ninety (90) days will be assigned a vacant position and shift as similar as is practicable to the one occupied prior to the leave of absence. If no such vacancy exists as of the return date, the employee will be given the option of accepting another position for which she/he is determined to be qualified or accepting a Per Diem position until a vacancy in his/her classification for which (s)he is determined to be qualified arises, or waiting until a comparable position becomes available. If the vacant position has more hours (irrespective of the shift), the vacancy will be filled by use of the posting and filling of vacancies procedure of this Agreement. If a vacant position has comparative hours and is on the same shift, the position will be assigned to the employee without regard to the bidding procedure. If the vacant position has fewer hours than his/her former position (irrespective of shift) or has comparable hours and is on a different shift, the employee will be offered the vacant position and will have the option of accepting the position, or remaining in per diem status, until a position comparable in hours and shift to his/her former position becomes available. While in such per diem status, however, the employee must meet the Employer's minimum availability requirements for per diem employees. V. Failure to Return from Leave Any employee who does not return to work on the due date may be disciplined, and an employee who does not return to work within three (3) days of the due date will be terminated as of that date, unless an extension of the leave of absence has been requested in writing by the employee and granted in writing by the Employer, prior to the return due date. If the employer denies an extension, the employee must return to work as of the original date authorized, unless the Employer acted unreasonably in denying such request. In the event of emergent circumstances, where the employee could not return to work (i.e. auto accident, emergency hospitalization) and the employee requested an extension in timely fashion, an extension of the leave may be granted and not unreasonably denied. W. Concurrent Leaves Except as otherwise required by law, if a condition or reason for leave entitles an employee to more than one type of leave under this Article, such leaves shall run concurrently. ARTICLE 26: PHYSICAL EXAMINATIONS All physical examinations required of employees in connection with their employment, according to the practice of the Employers, shall be given without charge, and all costs incident to those examinations shall be borne by the Employers. Notwithstanding the foregoing, nothing in this Article shall be construed to obligate the Employers to pay for 106
any treatment which may be required as a result of any disease or condition disclosed during such physical examinations. Such examinations shall be without loss of pay, and shall include all laboratory, diagnostic and other clinical tests required by Title XXII or the Department of Health Services and/or the county in which the hospital operates and examinations and review of the employee’s medical history by a physician or nurse practitioner. Any disclosures to the Employers by the physician or nurse practitioner concerning the results of such physical examination shall be limited to certification that the employee is physically able to perform the essential functions of his or her job. ARTICLE 27: JURY DUTY, WITNESS PAY AND VOTING TIME A. Jury Duty. At Seton, Saint Louise and O’Connor Only: An employee called for jury duty will receive the difference between jury pay and normal straight time earning for jury service on any day on which the employee was regularly scheduled to work. In order to be eligible for jury duty pay from the Employers, the employee must notify the employee’s department manager as soon as is practicable after receipt to report for jury service, and must provide a receipt from the jury commissioner that he or she has been called and has served. Jury duty served while on a leave of absence, while utilizing paid time off or on a day on which the employee is not scheduled to work will not be compensated. At St. Francis Only: The Employer agrees to pay the difference between jury duty pay and normal straight time earnings, up to a maximum of three (3) days per rolling twelve (12) month period, on a day in which the employee is regularly scheduled to work. In order to be eligible for Jury Duty pay from Employer, the employee must notify the employee’s department manager as soon as practicable after receipt to report for jury service and must provide a receipt from the jury commissioner that he or she has been called and has served. B. Witness Pay. At All Hospitals: An employee subpoenaed by the Employers to appear in a judicial proceeding on a regularly scheduled work day will receive the difference between the applicable statutory witness fee and straight time earnings for each such day. C. Time off to Vote. At Seton, Saint Louise and O’Connor Employees who are unable to vote in a statewide election before or after working will be permitted up to two (2) hours with pay at the beginning or end of their workday on Election Day for voting purposes. Arrangements must be approved in advance by the 107
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any treatment which may be required as a result <strong>of</strong> any disease or condition disclosed<br />
during such physical examinations. Such examinations shall be without loss <strong>of</strong> pay, and<br />
shall include all laboratory, diagnostic and other clinical tests required by Title XXII or<br />
the Department <strong>of</strong> Health Services and/or the county in which the hospital operates and<br />
examinations and review <strong>of</strong> the employee’s medical history by a physician or nurse<br />
practitioner. Any disclosures to the Employers by the physician or nurse practitioner<br />
concerning the results <strong>of</strong> such physical examination shall be limited to certification that<br />
the employee is physically able to perform the essential functions <strong>of</strong> his or her job.<br />
ARTICLE 27: JURY DUTY, WITNESS PAY AND VOTING TIME<br />
A. Jury Duty.<br />
At Seton, Saint Louise and O’Connor Only:<br />
An employee called for jury duty will receive the difference between jury pay and normal<br />
straight time earning for jury service on any day on which the employee was regularly<br />
scheduled to work. In order to be eligible for jury duty pay from the Employers, the<br />
employee must notify the employee’s department manager as soon as is practicable after<br />
receipt to report for jury service, and must provide a receipt from the jury commissioner<br />
that he or she has been called and has served. Jury duty served while on a leave <strong>of</strong><br />
absence, while utilizing paid time <strong>of</strong>f or on a day on which the employee is not scheduled<br />
to work will not be compensated.<br />
At St. Francis Only:<br />
The Employer agrees to pay the difference between jury duty pay and normal straight<br />
time earnings, up to a maximum <strong>of</strong> three (3) days per rolling twelve (12) month period,<br />
on a day in which the employee is regularly scheduled to work. In order to be eligible for<br />
Jury Duty pay from Employer, the employee must notify the employee’s department<br />
manager as soon as practicable after receipt to report for jury service and must provide a<br />
receipt from the jury commissioner that he or she has been called and has served.<br />
B. Witness Pay.<br />
At All Hospitals:<br />
An employee subpoenaed by the Employers to appear in a judicial proceeding on a<br />
regularly scheduled work day will receive the difference between the applicable statutory<br />
witness fee and straight time earnings for each such day.<br />
C. Time <strong>of</strong>f to Vote.<br />
At Seton, Saint Louise and O’Connor<br />
Employees who are unable to vote in a statewide election before or after working will be<br />
permitted up to two (2) hours with pay at the beginning or end <strong>of</strong> their workday on<br />
Election Day for voting purposes. Arrangements must be approved in advance by the<br />
107
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