Office of Collective Bargaining > Labor Agreements > District 1199 > District 1199 Contract Table of Contents >
ARTICLE 26 - LEAVES OF ABSENCE
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This
is a labor agreement with annotations by the Office of Collective
Bargaining.
PLEASE NOTE:Language that is in bold typeface and underlined was added with this Agreement. Language that is Language in Italics are annotations added by the Office of Collective Bargaining. |
Unpaid Leaves
26.01 Personal and Educational Leave
A leave of absence may be granted upon written request for a period of up to six (6) months for personal reasons. Such reasons include, but are not limited to, non-disability maternity, paternity and child-rearing leave, adoption leave, and such other purposes as may be approved at the sole discretion of the Employer. Such leaves may be extended upon written request for a period of up to six (6) months.
A leave of absence may be granted upon written request by an employee for the purpose of entering an educational program leading to a degree or certification. The leave may be granted for a period of up to two (2) years and may be extended upon request for an additional period of up to two (2) years.
Such leaves of absence shall not be unreasonably requested by employees, nor shall they be unreasonably denied by the agency.
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Explanation: |
Leaves requested that are described in this Article may not be unreasonably denied. All other leave shall be granted at the "sole discretion of the Employer" or pursuant to the relevant Article of the Agreement. |
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Attention: |
Agency Directors; Agency Labor Relations, Human Resources, Personnel and Training Officers; Department of Administrative Services, Human Resources Division. |
Employees appointed or elected to Union positions or office shall be granted a leave of absence for a period not to exceed three (3) years for elected Union offices or two (2) years for appointed Union positions. The Office of Collective Bargaining shall be notified of such leave of absence as soon as possible, but no less than five (5) work days prior to the start of the leave of absence. Any employee presently on Union leave may remain on such leave for a period not to exceed three (3) years from the effective date of this Agreement. Employees may not stack leaves for elected Union offices with leaves for appointed positions. Upon the expiration of the above stated leave periods, the employee shall be terminated, and has no further rights to the State position.
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Explanation: |
This language creates a requirement for the Employer to notify the Office of Collective Bargaining when an employee is elected or appointed to Union positions or offices. The notice must be provided to OCB no less than five (5) working days prior to the start of any leave of absence. |
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Attention: |
Agency Directors; Agency Labor Relations, Human Resource and Personnel Officers, Department of Administrative Services, Human Resources Division. |
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Instructions: |
All requests under this Article will be requested through OCB. The information will be forwarded to the agency labor relations department. Please continue to code leave requests for five (5) days or less so leave accrual is not interrupted. |
26.03 Workers' Compensation Leave
When an employee is off work due to a compensable on-the-job injury, he/she shall be on leave of absence for the length of time he/she receives Workers' Compensation not to exceed two (2) years. At the end of the two (2) year period the employment relationship will automatically sever.
26.04 Requesting Leave of Absence Without Pay
An employee must request in writing all leaves of absence without pay. The request shall state reasons for taking leave of absence and the dates for which the leave is being requested.
If it is found that a leave is not actually being used for the purpose for which it was granted, the appointing authority shall cancel the leave and direct the employee to report for work.
When an employee returns from a leave of absence within two (2) years, the employee is to be returned to the same position including work site, assignment and shift held prior to the leave. The agency has the right to fill the position with an interim employee when the agency feels it necessary. When an employee returns from a leave of absence of longer than two (2) years, the employee is to be returned to the classification formerly occupied, or to a similar classification if the employee's former classification no longer exists. If the employee's former work site, assignment or shift no longer exists, every effort will be made to place the employee on a similar assignment and shift.
An employee who fails to return to duty or make arrangements to do so which are acceptable to the agency within three (3) working days of the completion of a valid cancellation of a leave of absence may be removed from service. An employee who fails to return to service from a leave of absence without pay and is subsequently removed from the service is deemed to have a termination date corresponding to the starting date of the leave of absence without pay.
26.06 Seniority While On Leave
Seniority shall accrue while on leave of absence.
The State will continue to pay the Employer's contribution to the Union Benefits Trust as well as the Employer’s share of health insurance premiums for an employee on unpaid FMLA leave granted pursuant to Article 26.10 provided the employee continues to contribute his/her share of the premium. Employees granted a non-FMLA leave of absence without pay for a period longer than thirty (30) days and who desire to continue their health and life insurance coverage, must pay the total premium (employee and Employer share). The State will continue to pay for dental and vision coverage as long as the employee continues paying the total health insurance premium. Employees on Family Medical Leave under the "FMLA" shall receive health insurance in accordance with the Act.
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Explanation: |
The Employer pays its share of health insurance premiums for any employee on authorized, unpaid FMLA leave provided the employee continues his/her share of the premium. An employee granted a non-FMLA leave of absence without pay continues to be responsible for the total premium cost (employee and employer share) for health and life insurance. The new language extends the Employers’ obligation to include payment to the Benefits Trust. |
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Attention: |
Agency Directors; Agency Labor Relations, Human Resource and Personnel Officers; Department of Administrative Services, Human Resources Division. |
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Effective Date: |
June 1, 2003 |
26.08 Return from Extended Medical Leave
When an employee who has exhausted the two (2) year period of disability leave and was unable to return at that time, becomes physically able to return to work, he/she shall be returned to work in his/her classification into any opening which occurs within one (1) year of the expiration of the disability leave.
The employee requesting to return from an extended medical leave shall be eligible for reinstatement upon the submission of appropriate medical documentation which must show that the employee has recovered sufficiently to be able to perform the essential function of the position to which reinstatement is sought or may accept a reasonable accommodation under the American with Disabilities Act to another position for which he/she is able to perform the essential functions of the position, if such a position is available. Such a placement supersedes all other sections of this Collective Bargaining Agreement.
26.09 Military Leave of Absence
The provisions of State and Federal Law shall prevail for all aspects of military leave, including request for and return from such leave.
26.10 - Application of the Family Medical Leave Act
The Employer will comply with all provisions of the Family and Medical Leave Act. For any leave which qualifies under the FMLA, the employee may be required to exhaust all applicable paid leave prior to the approval of unpaid leave.
26.11 Adoption/Childbirth Leave
Eligibility requirements, leave benefits, and waiting period for Adoption/Childbirth
Leave shall be determined pursuant to State policy. Employees may elect
to take two-thousand ($2,000) dollars for adoption expenses in lieu of taking
time off for Adoption/Childbirth Leave.
26.12 Leave to Attend Industrial Commission Hearing
An employee shall be granted time off with pay from regularly scheduled work hours, including travel time, sufficient to attend one hearing conducted by the Ohio Industrial Commission. In addition, an employee will be granted time off with pay from regularly scheduled work hours, including travel time, sufficient to attend any hearing where the Employer contests the employee's Workers' Compensation claim.
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Explanation: |
Many times the Industrial Commission requires a hearing to determine a claim. As a workers’ compensation claim arises from employment, it is equitable for employees to receive paid leave to attend one hearing. The language clarifies that employees shall be granted time off with pay for only ONE hearing for the life of any claim. That hearing may occur at any point during the life of the claim. However, if the Employer contests the employee’s workers’ compensation claim, the employee will be granted time off with pay to attend any hearings convened because the Employer contests the Industrial Commission’s determination. |
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Attention: |
Agency Labor Relations, Personnel and Payroll Officers; Agency Supervisors; Department of Administrative Services, Human Resources Division, Payroll Administration and Benefits Administration. |
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Instructions: |
Employees should provide a copy of the hearing notice to the Employer. Supervisors will need assistance from Personnel and Payroll Officers to verify hearing notices and to process leave appropriately. |
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Effective Date: |
June 1, 2000. |