Common use of After Leave Clause in Contracts

After Leave. ‌ An employee on an approved leave of absence is required to contact the Employer if an extension is being requested. Failure to contact the Employer about an extension prior to the end of the approved leave shall be deemed to be a voluntary resignation, and the employee shall be severed from State service. Any employee returning from an approved leave of absence as covered by this Article shall be entitled to return to employment in his/her former position within forty- five (45) days of commencement of the leave one time per fiscal year. In all other instances, return shall be to his/her former position or to another position in his/her former classification in his/her regular work location, or to a position of comparable duties in pay within his/her regular work location, if such reinstatement after leave occurs within two years of the date of initial leave. If employees are returning from leave of absence after a period of longer than two years of absence from the work location, the employee shall be returned to a vacant position in his/her former classification in his/her regular work location, or to a vacant position in that work location of equal or lower classification for which the person is determined by the Employer to be qualified. If no such vacancies are available, the employee shall be placed on a recall list for future vacancies. Employees returning from extended leaves of absence of less than one (1) year shall notify the Employer or its designee at least three weeks prior to their return. Employees returning from leaves of one (1) year or more shall notify the Employer or designee sixty (60) calendar days prior to their return from leave. Employees may return to work prior to the agreed upon termination date of the leave with the approval of the Employer or its designee. Employees returning from an unpaid leave of absence shall be returned at the same rate of pay the employee had been receiving at the time the leave of absence commenced plus any non-discretionary adjustments that would have been made had the employee been continuously employed during the period of absence.