Common use of RETURN TO WORK PROVISION Clause in Contracts

RETURN TO WORK PROVISION. (a) An employee on return from leave of absence pursuant to Article 25, 26, 27, 28 or 37 shall be reinstated to their former position if it is still in existence. If the former position no longer exists, the employee shall be reinstated to a comparable position. (b) A comparable position under (a) means an Employee position with the same number of hours of work per day within fifty (50) kilometer radius from the employee’s domicile. (c) if the leave of absence extends into a second school year, the employee’s reinstatement shall be subject to the assignment process as set out in Article 14.2. (d) Where an employee has been granted a leave of absence pursuant to Article 25, 26, 27, 28 or 37 for a fixed term and requests an early return to work the Employer shall not unseasonably deny such request. (e) Notwithstanding paragraph (a), an employee who is on general leave of absence (Article 25.12) for a period of excess of one full school year (September to June), may be assigned to a position in accordance with his/her seniority and the operational needs of the Employer. (f) In the event an Employee fails to return from leave on the schedule date, the Employee shall be deemed to have resigned his or her position unless: the failure to return was beyond the Employee’s control; or extension of the leave had been granted in advance of the return date.

RETURN TO WORK PROVISION. (a) An employee on return from leave of absence pursuant to Article 20.8, 25, 26, 27, 28 or 37 38 shall be reinstated to their former position if it is still in existence. If the former position no longer exists, the employee shall be reinstated to a comparable position. (b) A comparable position under (a) means an Employee position with the same number of hours of work per day within fifty (50) kilometer radius from the employee’s domicile. (c) if the leave of absence extends into a second school year, the employee’s reinstatement shall be subject to the assignment process as set out in Article 14.2. (d) Where an employee has been granted a leave of absence pursuant to Article 20.8, 25, 26, 27, 28 or 37 38 for a fixed term and requests an early return to work the Employer shall not unseasonably unreasonably deny such request. Where possible, the Employer will place the employee into the next vacant position within fifty (50) kilometer radius from the employee’s domicile. (e) Notwithstanding paragraph (a), an employee who is on general leave of absence (Article 25.12) for a period of excess of one full school year (September to June), may be assigned to a position in accordance with his/her seniority and the operational needs of the Employer. (f) In the event an Employee fails to return from leave on the schedule date, the Employee shall be deemed to have resigned his or her position unless: the failure to return was beyond the Employee’s control; or extension of the leave had been granted in advance of the return date.