Common use of Disability Leaves Clause in Contracts

Disability Leaves. If any employee’s disability due to illness or injury, including pregnancy related disabilities, continues beyond the period covered by paid leave of absence as provided for elsewhere in this Agreement or in the case of any employee who is not eligible for paid leave of absence, the employee may request a leave for the period during which such disability continues if the employee is unable to work. All requests for such disability leaves must be made in writing prior to the commencement of the leave if possible and shall indicate the approximate date of the return, and be substantiated by required medical documentation from the employee’s treating health care provider that the employee is so disabled. Upon return from disability leave, an employee who is certified as able to resume his/her normal duties shall be reinstated in his/her former position unless the former position has been permanently filled or eliminated, in which case, the employee shall be placed in a comparable position, without decrease in rate of compensation or loss of promotional opportunities. The initial disability leave, whether a combination of paid and unpaid or unpaid shall not exceed twelve months within a 24-month period. Prior to the expiration of initial leave an employee may request an extension of the leave at which time and periodically thereafter the University shall have the right to review the circumstances to determine at its discretion consistent (with applicable laws) whether the leave should be extended. In the alternative, the employee can file for leave as an accommodation pursuant to the University’s Reasonable Accommodation Policy. Employees, who are not eligible for an accommodation, Workers Compensation, or other type of available medical leave, may request an additional leave within 24 months that exceeds 12 months provided an employee has a substantiated medical condition and/or disability and has no prior history of multiple medical leaves in the preceding years that demonstrates a pattern. An employee may request a maternity leave immediately following a pregnancy related disability leave of absence provided, however, that the combined duration of the pregnancy related disability leave of absence and the subsequent maternity leave of absence shall not exceed nineteen (19) weeks. The intent of this provision is to continue the employee’s status up to the maximum duration as provided herein, together with related benefit entitlements, unless the employee’s status changes from one of leave of absence to, by way of example, disability retirement, negotiated lump sum settlement, or similar situations.

Disability Leaves. If any employee’s (1) An employee who anticipated requiring a disability due leave shall notify his/her immediate supervisor in writing of the anticipated commencement date of the disability as soon as such date is known to illness or injury, including pregnancy related disabilities, continues beyond him/her. The employee shall provide a physician's certification of the period covered by paid leave of absence as provided for elsewhere in this Agreement or in anticipated disability. (a) In the case of any employee who is not eligible for paid leave of absence, the employee may request a leave for the period during which such disability continues if the employee is unable to work. All requests for such disability leaves must be made in writing prior to the commencement of the leave if possible and shall indicate the approximate date of the return, and be substantiated by required medical documentation from the employee’s treating health care provider that the employee is so disabled. Upon return from disability leave, an employee who is certified as able to resume his/her normal duties shall be reinstated in his/her former position unless the former position has been permanently filled or eliminated, in which casematernity related disability, the employee shall be placed in a comparable positionprovide, without decrease in rate of compensation or loss of promotional opportunities. The initial disability leave, whether a combination of paid and unpaid or unpaid shall not exceed twelve months within a 24-month period. Prior no later than sixty (60) days prior to the expiration of initial leave an employee may request an extension anticipated delivery date, a physician's certification of the anticipated delivery date and may notify the Board for commencement of a disability leave at which time of up to twenty (20) working days before the delivery date and periodically thereafter up to twenty (20) working days after the University shall have the right to review the circumstances to determine at its discretion consistent (with applicable laws) whether the leave should be extendeddelivery date. In the alternativeevent the period of disability extends beyond that described above, the employee can file for shall provide a physician's certification of the extended disability. (b) In the case of non-maternity related disability, the employee shall provide a physician's certificate stating the anticipated disability and the anticipated duration of the disability. (2) In the case of an anticipated disability, such as elective surgery or predicted delivery of a child, the Board may regulate the commencement and/or termination dates of the disability leave as an accommodation pursuant within the parameters of the law when failure to do so would cause interruption to the University’s Reasonable Accommodation Policycontinuity of student instruction. EmployeesAny such involuntary leave so imposed will immediately precede or follow the period of the requested disability leave wand will be without pay but the employee shall not be denied other contractual and statutory benefits, who are not eligible including payment of insurance premiums for an accommodationthe involuntary as well as voluntary period of the disability leave. (3) An employee anticipating a disability leave may apply for in accordance with B (1), Workers Compensationa leave of absence which: (a) the employee utilizes sick leave and vacation time actually earned or accrued through the commencement of this leave; or (b) the employee has insufficient accrued sick leave and vacation time, or other type elects not to utilize it, in which case he/she shall be entitled to an unpaid leave of available medical leaveabsence for the period of the disability, may request an additional during which sick leave within 24 months or vacation time is not utilized, provided that exceeds 12 months he/she submit to the Superintendent of School certification required under Section B (1). (4) An employee on paid disability leave shall be entitled to all Board-provided an employee has a substantiated medical condition and/or disability and has no prior history insurance benefits during the period of multiple medical leaves in the preceding years that demonstrates a patternactual disability. An employee may request on unpaid disability leave shall be entitled to all Board-provided insurance benefits for a maternity period of up to three (3) months during the period of leave immediately following a pregnancy related as per N.J. Division of Pension regulations. (5) In the case of unpaid disability leave under Section 3 (b), in order to insure the employee's continued health benefits coverage and subsequent right to purchase credit for the leave of absence providedin excess of three months for pension purposes, however, that the combined duration of the pregnancy related disability an employee on unpaid leave of absence for disability purposes shall provide a physician's certificate as to the illness or disability for the period in excess of three months' leave of absence. The certificate shall be provided by the employee to the Superintendent before the 90th day of unpaid leave of absence. The employee shall comply with any additional requirements of the insurance carrier or the State of New Jersey (regarding pension and insurance) in order to continue coverage. (6) Extensions of disability leaves shall be granted if the subsequent maternity employee provides a physician's certificate as to the need for the extension, the reason therefore, and duration for the additional period of disability. In the case of a non-tenured employee, the unpaid leave of absence shall not exceed nineteen (19) weeksextend beyond the employee's current contract. The intent Board may require, by a physician of its choice, a second examination to verify the need for an extension of the disability leave. In that event, the Board will assume the cost of those required physician services. (7) Maternity disability" as used in this provision article shall mean the illness or disability of the woman employee as a result of the pregnancy or delivery of the child. "Child care" is to continue the employee’s status up to the maximum duration leave other than maternity disability and is treated as provided herein, together with related benefit entitlements, unless the employee’s status changes from one of personal leave of absence tounder Section C of this Article. (8) An employee granted a paid disability leave shall, by way upon resuming his/her regular duties, be eligible for the same salary he/she would have received had he/she successfully completed the school year in which the leave was granted. Employees on unpaid disability leave must have worked at least ninety (90) days in the school year in which the leave was granted in order to receive step credit and longevity credit on the salary guide upon return. (9) For the purpose of exampleadopting a minor child, an employee may request, in writing, a leave of absence not to exceed a period of eight (8) weeks. This leave is equivalent to the total time allowed for a maternity disability retirementleave. The employee has the option of requesting an unpaid leave of absence or utilizing any available accumulated sick leave or accumulated vacation time. A leave of absence for the purpose of adopting a minor child is in addition to Child Care leaves pursuant to Article 11, negotiated lump sum settlement, or similar situationsSection C and D of the Collective Bargaining Agreement. The Board of Education will provide up to $5,000 for a member that adopts a minor child that is not a step child and/or biological child of either parent. (10) Employees may not use sick days for non-medical leaves of absence.

Disability Leaves. (1) A physically incapacitated employee shall be placed on disability leave provided the employee is declared incapacitated for the performance of the duties of the position by a licensed physician designated by the Associate Vice President for Human Resources; provided the University may accept the report of the employee's physician. The cost of such examination will be paid by the appointing authority. In the event the employee is hospitalized or institutionalized, no such examination is required. (2) If any employee’s a physically incapacitated employee has accrued but unused sick leave, he/she may defer commencement of disability due leave under paragraph A hereof only by making application for such sick leave within five (5) days of the University's notice of intent to illness or injury, including pregnancy related disabilities, continues beyond place the period covered by paid leave of absence as provided for elsewhere in this Agreement or in the case of any employee who is not eligible for paid leave of absence, the on disability leave. An employee may request use of sick leave during a disability leave, provided once a disability leave for the period during which such disability continues if commences, it shall continue uninterrupted until the employee is unable reinstated pursuant to paragraph C hereof, and provided further that sick leave will not be paid past the date of an employee's separation pursuant to Section D hereof. B. A full-time or part-time employee who has completed a probationary period with the university, and has worked for at least one thousand two hundred fifty (1250) hours during the past twelve months may be placed on disability leave for a period of up to eighteen (18) months. Should the disability relate to an on-the-job injury that the University contests the validity of the injury or its treatment, the employee, upon prevailing before the Ohio Bureau of Workers Compensation regarding a compensable injury and related treatment will be provided the balance of the 18 month disability period or a six month disability period from the date of determination in order to return to work. All requests for such disability leaves must be made in writing prior to the commencement of the leave if possible and shall indicate the approximate date of the return, and be substantiated by required medical documentation from the employee’s treating health care provider that the employee whichever is so disabledgreater. Upon return reinstatement from disability leave, an employee who is certified as able will be returned to resume his/her normal duties shall the same or similar position. No more than eighteen (18) months of such disability leave may be reinstated in his/her former position unless the former position has been permanently filled or eliminated, in which case, the employee shall be placed taken in a comparable position, without decrease in rate of compensation or loss of promotional opportunitiesthree (3) year period. The initial disability leave, whether employer may extend the three (3) year period of time for extenuating circumstances. Employees currently on a combination of paid and unpaid or unpaid shall not exceed twelve months within a 24-month period. Prior to the expiration of initial leave an employee may request an extension of the leave at which time and periodically thereafter the University shall have the right to review the circumstances to determine at its discretion consistent (with applicable laws) whether the leave should be extended. In the alternative, the employee can file for leave as an accommodation pursuant to the University’s Reasonable Accommodation Policy. Employees, who are not eligible for an accommodation, Workers Compensation, or other type of available medical leave, may request an additional leave within 24 months that exceeds 12 months provided an employee has a substantiated medical condition and/or disability and has no prior history of multiple medical leaves in the preceding years that demonstrates a pattern. An employee may request a maternity leave immediately following a pregnancy related disability leave of absence provided, however, that the combined duration as of the pregnancy related ratification of this agreement (2017) shall once they return from leave be subject to the three (3) year period as all other employees. C. An employee who has been granted a disability leave is to be reinstated within thirty (30) days after making written application and passing a medical examination showing full qualifications to perform the duties of absence and the subsequent maternity leave of absence shall not exceed nineteen (19) weeksposition. This examination is to be conducted by a licensed physician designated by the Associate Vice President for Human Resources. The intent cost of this provision is to examination will be paid by the appointing authority. D. An employee who does not return from disability leave, and who does not formally resign nor take a disability retirement, will be separated at the end of the leave. The University will continue the employee’s status up 's insurance coverage for twelve (12) months from the date the employee is placed on disability leave. If employee contributions are required, arrangements must be made with the Staff Benefits Office for such payment prior to the maximum duration as provided herein, together with related benefit entitlements, unless effective date of the employee’s status changes from one of leave of absence to, by way of example, disability retirement, negotiated lump sum settlement, or similar situationsleave.