Leave Employees. Employees returning from leave must be re-hired; however, such employees are subject to this Article and the same requirements and procedures as other employees. Such determinations are based upon seniority as specified in this Article.
Leave Employees. With respect to all Leave Employees receiving short-term disability benefits as of the Interim Transfer Date, except as otherwise required by applicable Law, Parent Group shall retain all obligations to provide such short-term disability benefits and other benefits for such Leave Employees while the Leave Employees continue to be eligible for short-term disability benefits under the short- term disability plans maintained by the Parent Group. The foregoing sentence shall not apply to any Leave Employee who is employed by a member of the SpinCo Group as of immediately prior to the Interim Transfer Date or whose employment automatically transfers to a member of the SpinCo Group by operation of Law, in which case the appropriate member of the SpinCo Group shall be responsible for providing such Leave Employee disability benefits and any other rights conveyed to such Transferred Employee at applicable law. Any Business Employee who becomes a Leave Employee on or after the Interim Transfer Date shall be treated as a Transferred Employee for all purposes of this Agreement. SpinCo Group shall honor any reinstatement rights that exist for Leave Employees under applicable Law, the Applicable CBA or otherwise under the policies and practices of the Parent Group (including Business Employees who become Leave Employees on or after the Interim Transfer Date). In the event that any Leave Employee who becomes a Leave Employee prior to the Interim Transfer Date later becomes an employee of the SpinCo Group by reason of the exercise of any such reinstatement rights, from and after the date such Leave Employee commences employment with the SpinCo Group (the “Leave Employee Commencement Date”) such Leave Employee shall be afforded the same rights afforded to a Transferred Employee hereof, except that such rights shall extend solely from such Leave Employee Commencement Date and not the Effective Time. Parent and SpinCo shall in good faith take such actions as shall be necessary or appropriate to implement the provisions of this Section 2.3(a) and of the other applicable provisions of this Agreement with regard to such newly characterized Transferred Employee. Unless otherwise required by applicable law, the Applicable CBA or otherwise under the policies and practices of the Parent Group, SpinCo and its Affiliates shall have no obligation hereunder to employ or offer employment to any Leave Employee who becomes a Leave Employee prior to the Interim Transfer Date later and who...
Leave Employees. The Parties shall use commercially reasonable efforts to provide that any Continuing DG Employees that, as of the Transition Date, are on leave from active employment (“Leave Employees”) will be eligible to receive benefits under long-term and/or short-term disability plans and other health and welfare plans maintained by DG or an Affiliate of DG (determined as of immediately following the Effective Time) on substantially the same basis as such Employee was receiving benefits under the corresponding Other Welfare Plans as of immediately prior to the Transition Date, without regard to any actively-in-service or similar requirements. In the event the Parties are not able to provide for such coverage of the Leave Employees under such DG plans, then notwithstanding any provision of this Agreement to the contrary, the Parties shall reasonably cooperate and take such action as is reasonably necessary to cause any such Leave Employee to continue to receive or be entitled to receive benefits under the applicable Other Welfare Plans, provided that SpinCo and the SpinCo Subsidiaries and DG shall negotiate in good faith to determine the amount (if any) of, and financial responsibility for, any out-of-pocket costs with respect to such coverage or the employment or termination of employment of any such Leave Employees.
Leave Employees. The Purchaser shall cause the Company to offer employment to Leave Employees who present themselves for work with the Company within six months of the Closing Date (the "Leave Expiry Date"), or for Leave Employees on statutory leave, within such later period as is prescribed by law, on the same terms and conditions of employment as are applicable to the Employees who are employed by the Company (or its successors) at the time of the Leave Employees' respective return to work, which employment, if accepted, shall be effective upon their respective return to work (any such Leave Employee who accepts such offer of employment being herein referred to as a "Transferred Employee"). Until the earliest to occur of (i) the date on which a Leave Employee becomes a Transferred Employee and (ii) the Leave Expiry Date, a Leave Employee shall remain employed by the Vendor and shall continue to receive benefits under the Vendor's Plans.
Leave Employees. 29 5.11 Insurance............................................................29 5.12
Leave Employees a) An employee is eligible for sick leave with pay when she is unable to perform any work because of illness or injury and provided that: the employee not exhausted the benefits provided in this plan: the employee is not on other leave, with or without pay or under suspension; the employee is not eligible for benefits under Workplace Safety Insurance Boardor the Society's insurance program. An employee who will be absent due to illness or injury shall inform her Supervisor as soon as possible on or before the first day of absence and for extended absence, at regularintervals thereafter as requested by the Supervisor. The Society may request medical evidence of inability to report to work for any absence of more than two (2) days' duration, or in any instance where an employee's absence for medical reasons exceeds the average for all employees of the Society. Such evidence may be requested from the employee's own doctor. Where the employee's doctor fails to provide such medical evidence, or the evidence providedis not satisfactory to the Society, the Society may request that the employee's condition be reviewed by a doctor agreed upon between the Society and the employee. Should the Society require an employee to undergo an independent medical assessment, the costs associated with such assessment shall be the responsibility of the Society.
Leave Employees. If any Scheduled Business Employee who is not subject to a Collective Bargaining Agreement is listed on Section 3.19(a) of the Seller Disclosure Schedules as receiving short-term or long-term disability benefits as of the Closing Date is, within six (6) months following the Closing Date, able to return to work and presents himself or herself to Parent, Parent or its Subsidiary shall offer employment to such Scheduled Business Employee on terms consistent with those applicable to Business Employees generally under this Article VI. Parent shall, or shall cause one of its Subsidiaries to, offer employment to any inactive Scheduled Business Employee listed on Section 3.19(a) of the Seller Disclosure Schedules as receiving short-term or long-term disability benefits as of the Closing Date, who is subject to a Collective Bargaining Agreement, and who subsequently becomes able to return to work and presents himself or herself to return to work within the period provided in the Collective Bargaining Agreement that applied to him or her immediately prior to the Closing Date, on terms that meet the requirements of such Collective Bargaining Agreement and are otherwise consistent with those applicable to Business Employees who are subject to such Collective Bargaining Agreement generally under this Article VI.
Leave Employees. 35 5.11 Insurance...............................................................35 5.12 Survival of Covenants...................................................35
Leave Employees. Employees returning from leave must be re-hired; however, such employees 744 are subject to this Article and the same requirements and procedures as other employees. Such 745 determinations are based upon seniority as specified in this Article. 746
Leave Employees. Any United States Business Employee who is on a Seller-approved leave of absence shall receive an offer of employment from Buyer or a Buyer Subsidiary at the time provided in and in accordance with Section 8.4(b)(i) and (ii). If a United States Business Employee, who accepts such employment offer, is on a Seller-approved leave of absence as of the Closing (“Leave Employee”) and is released to return to work within twelve (12) months following the commencement of such leave, such Leave Employee’s employment with Buyer or a Buyer Subsidiary shall commence upon such Leave Employee’s release to return to work by Seller and the terms and conditions of employment applicable to United States Transferred Employees as set out in this Section 8.4 shall apply to such Leave Employee at such time. Seller remains responsible for the adjudication of such Leave Employee’s claims under the Seller Employee Plans and for any costs and liability associated with such Leave Employee’s period of leave from the Closing until such Leave Employee’s commencement of employment with Buyer or a Buyer Subsidiary. Buyer shall cooperate with Seller regarding the return to work from leave in respect of any Leave Employee.
