AFSCME Local 328
4006 Barbur Blvd, Portland, OR 97239
ARTICLE 14 - LEAVES OF ABSENCE
ARTICLE 14. LEAVES OF ABSENCE
Leaves of Absence With Pay. An employee shall be granted a leave of absence without loss of pay or other benefits for the following:
Jury service. The employee may keep any money paid by the court for serving on a jury, and will be deemed to be working the employee’s FTE status for weekday shifts while serving on jury duty. If the employee is released from jury duty for a day in which the employee would otherwise be required to work, and if a sufficient period of time would reasonably permit the employee to report for one-half (½) or more of the day shift, then the employee must contact his or her supervisor to determine if the employee will be required to report for work.
Court appearance. Appearance before a court, legislative committee or judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority for matters connected with the employee’s officially assigned duties. The employee may keep any money paid in connection with the appearance.
Search or rescue operation. Taking part in a search or rescue operation at the request of and without pay from any law enforcement agency, the administrator of the Aeronautics Division, the United States Forest Service or any local organization for civil defense, for a period of no more than five (5) days for each operation.
Military training leave. An employee who is a member of the National Guard, National Guard Reserve or any reserve component of the armed forces of the United States or of the United States Public Health Service is entitled to a military leave of absence for active annual duty training. Employees who have been employed for six (6) months or more immediately preceding an application for leave under this section shall be granted leave without loss of pay, either in a block of time or on an intermittent basis, for the aggregate number of work days in any training year (October 1 through September 30) which the employee ordinarily would be scheduled to work during a period of fifteen (15) calendar days (e.g., eleven (11) work days for an employee on a five-day work week).
Test and interview leave. An employee shall be allowed appropriate time off with pay to take tests related to promotional opportunities with the Employer. Up to two (2) hours with pay shall be allowed for an interview for a position with the Employer. Authorization for the use of Test and Interview Leave shall not be withheld unless the Employer determines that the use of such leave would handicap the efficiency of the employee’s work unit.
Donating blood. Employees shall be permitted reasonable time off with pay to give blood for drives conducted on campus provided such time off does not interfere with the normal flow of work.
Pre-retirement counseling leave. Employees who are age 55 or over or who have at least twenty-nine (29) years of PERS-eligible service with a public employer shall be granted leave with pay of up to sixteen (16) hours to pursue bona fide pre-retirement counseling programs. Employees shall request the use of leave provided in this section at least five (5) days prior to the intended date of use.
Authorization for the use of pre-retirement leave shall not be withheld unless the Employer determines that the use of such leave would handicap the efficiency of the employee’s work unit, in which case the Employer shall offer a choice from three (3) other sets of dates. The leave discussed under this section may be used to investigate and assemble the employee’s retirement program, including PERS, Social Security, insurance, and other retirement income.
Leaves of Absence Without Pay. The Employer will not pay employees for the following leaves of absence, but employees may use accrued paid leave to receive pay during these leaves.
Personal or educational leave. In instances where the work of an Employer will not be seriously handicapped by the temporary absence of an employee, the employee may be granted personal leave of absence without pay or educational leave without pay not to exceed one (l) year.
Family medical leave. Eligible employees are entitled to up to twelve (12) weeks, or as required by law, of unpaid job protected leave in a twelve (12) month period to care for themselves or an eligible family member with a serious health condition pursuant to the Oregon Family Leave Act (OFLA) and/or the federal Family and Medical Leave Act (FMLA). Family medical leave may also be utilized under OFLA and/or FMLA to care for the employee’s newborn, newly-adopted or newly placed foster child under 18 years of age or to care for an eligible child who suffers from an illness or injury that does not qualify as a serious health condition, but that requires home care.
Leave administration. Family medical leave will be administered in accordance with the applicable law and the Employer’s policy regarding use of accrued sick leave, use of vacation benefits and continuation of benefits. All leaves of absence are unpaid except to the extent that an employee uses accrued sick leave and/or vacation time during the otherwise unpaid portion of the leave. No vacation or sick time will accrue during the unpaid portion of family leave.
Return from leave. An employee’s return to work rights following a family medical leave will be as provided by FMLA and/or OFLA. In the event subsequent legislative action at the federal or state level reduces employees’ rights, the Employer agrees to grant employees a medical leave of up to twelve (12) weeks and to reinstate employees who return from said leave within 12 weeks to their previous classification and position.
Change in benefit. In the event that subsequent legislative action at the federal or state level creates an obligation of the Employer to provide paid family or medical leave, the Employer shall have the right to renegotiate mid-contract the sick leave benefit set forth in Article 13. In the event that agreement is not reached through such renegotiation, the process set forth in subparagraph (d) of Section 3.3 may be invoked.
Military leave. An employee shall be entitled to a military leave of absence without pay during a period of service with the United States Uniformed Services as required by federal and state law. The employee shall, upon honorable discharge from such service, be eligible for re-employment if he/she meets the criteria for re-employment required by law. Employees who are re-employed following military leave shall be credited with the seniority they would have attained with reasonable certainty had they remained continuously employed. Military leave and subsequent re-employment shall be administered in compliance with applicable law and the Employer’s policy.
Bereavement leave. Employees shall be allowed to take leave for a reasonable period of time due to the death of a member of the immediate family or a household member, as those terms are defined in Section 13.3.2. Employees who are not eligible for OFLA bereavement leave shall be allowed to take such leave for a period of up to five (5) days. Employees who are eligible for OFLA bereavement leave shall be allowed to take such leave, consistent with the provisions of ORS 659A.150 to 659A.186, for up to two (2) weeks. Employees may utilize any form of available accrued paid leave (vacation, comp or sick leave) during the absence. Additional time off may be granted at the manager’s discretion.
Court appearance. An employee may request and shall be granted leave without pay for the time required to make an appearance (1) as a plaintiff or defendant in a civil or criminal court proceeding or (2) before a court, legislative committee or judicial or quasi-judicial body as a witness in response to a subpoena or other direction by proper authority, when in either case the matter is not connected with the employee’s officially assigned duties.
Election leave. If an employee’s work hours start less than one hour after polls open and end less than an hour before the polls close, the employee shall be granted leave without pay of not more than two hours on primary and general election days for the purpose of voting.
Workers’ Compensation. This section pertains only to employees who have a recognized work-related injury or illness as determined by the Workers Compensation insurance carrier/TPA (Third Party Administrator) or the Workers’ Compensation Board. It is understood by the parties that the Employer is responsible for briefing the injured employee on his/her rights and responsibilities under this Section 14.3.
Employee responsibilities. After sustaining an on-the-job injury or illness, or after being involved in an event that may result in an injury or illness, the employee will report to his/her supervisor, ensure completion of an electronic report in the Worker and Student Injury Reporting System, and seek medical attention, if indicated.
Unless incapacitated by the injury, the employee shall report the injury or illness as soon as possible but no later than the end of the shift on which it has occurred if the employee has any indication or sign of such occurrence. If an employee has questions about the report or associated processes, the employee’s supervisor or designee will either answer the questions directly or refer the employee to the appropriate resource. If assistance is required for the employee to enter the report, the supervisor or designee will upon request enter the report on behalf of the employee and provide a copy to the employee.
If, following the initial notice described above, the employee thereafter gains knowledge of the need to be off work or the need for transitional work, the employee should contact her/his supervisor and Risk Management within 24 hours after gaining such knowledge.
Unless the employee is unable to perform any type of work, he or she will make all reasonable efforts to provide written medical certification to her/his supervisor and to Risk Management that clearly identifies work restrictions.
If the injury or illness results in the employee being off work, the employee will contact his/her supervisor at least once per week to report his/her progress and ability to perform a transitional work schedule or position, unless the employee and supervisor agree to another reporting schedule and provide notice thereof to Risk Management. This paragraph is not intended to require the employee to see his/her medical provider each week.
Employer assistance to employees. It is understood by the parties that the Employer is responsible for briefing the injured employee on her/his rights and responsibilities under this article. In the event of a claimed on the job accident or occupational disease that involves the care of a physician or lost time from work, the Employer agrees to assist employees with preparation of the appropriate claim form. An employee is expected to fill out this form within two (2) workdays of seeking medical care or the beginning of time loss.
Physician’s or nurse practitioner’s certification. Certification by the employee’s attending physician or authorized nurse practitioner that the physician or nurse practitioner approves the employee’s return to his/her regular duties, transitional duties, or other suitable and available employment shall be prima facie evidence that the employee should be able to perform such duties. The Employer’s Risk Management office maintains the right to obtain an independent medical examination.
Time loss. If the work-related injury or illness prevents the employee from returning to her/his regular employment or other transitional, suitable and available employment by the fourth calendar day subsequent to the injury or illness, the following shall occur:
The employee shall be placed on leave without pay until his/her regular employment or other transitional, suitable and available employment is offered, or the employee voluntarily terminates, or three (3) years from the first date of absence subsequent to the injury/illness, whichever occurs first.
The employee shall become eligible to receive compensation from the Workers’ Compensation insurance carrier/TPA in accordance with Oregon law.
Accrual of seniority. Seniority shall accrue based on FTE status while the employee is on leave without pay due to a work-related injury or illness for up to three (3) years.
Position held open. Subject to the provisions of Section 14.3.7, a position in the employee’s classification and work unit shall be held for his/her return for a minimum of ninety (90) days beginning with the first day of absence subsequent to the injury or illness, or the licensed provider certifies that the employee will not be able to return within 90 days, whichever occurs first. The Employer may be required, however, to hold a position open for more than 90 days for an employee who qualifies for protection under OFLA.
Release for work.
Existing position. Upon learning from the employee’s licensed provider that the employee should be able to assume her/his regular duties, the employee will notify her/his supervisor within two (2) working days. Following official notification by the Employer that the employee has the right to be reinstated to his/her position, the employee has seven (7) days in which to request reinstatement. If the employee requests reinstatement in accordance with the statute and if the employee’s position exists, the employee shall be returned to the position at the employee’s former rate of pay any time within three (3) years from the first date of injury or illness, as defined by law. If the employee’s position no longer exists, he/she will be returned to an available and suitable position. The employee shall be deemed to have resigned if the position is not accepted or if the employee fails to report for work in a timely manner following her/his acceptance.
Transitional work. Prior to the employee becoming medically stationary, the Employer may make a bona fide offer of transitional modified work suitable to the employee’s capabilities. The employee must accept such an offer within two (2) working days after receipt of the offer or within five (5) working days after a reasonable effort has been made to contact the employee, whichever occurs first. Failure to do so will be treated as a declination of the offer. The employee will be compensated at his/her regular rate of pay for the transitional modified work.
Modified position. An employee, upon learning that he or she is medically stationary and should be able to assume a modified position different from the employee’s original position, will notify her/his supervisor within two (2) working days. If such a position is available, the employee will be offered the position and will be given seven (7) days to notify the Employer that s/he accepts. The employee will be reinstated upon acceptance by the employee. The employee will be compensated at the appropriate rate of pay for the modified position. The employee shall be deemed to have resigned if the position is not accepted or if the employee fails to report for work in a timely manner following her/his acceptance.
Complete disability. Upon certification by the employee’s attending physician or authorized nurse practitioner and acceptance by the Workers’ Compensation insurance carrier/TPA that the employee is medically stable but not able to perform any work, the employee shall be terminated from employment. In accordance with Oregon law and the terms of the policy of the insurance carrier/TPA, the employee may be eligible for vocational rehabilitation. The initial determination of the qualification for permanent disability and vocational rehabilitation is made by the insurance carrier/TPA. Leave without pay will be terminated upon the employee’s request or one year from the first day of absence subsequent to the injury or illness, whichever comes first.
Continuation of insurance benefits. Beginning the first full month after an injured employee has been placed on leave without pay, the Employer shall continue to provide the employee’s medical and dental insurance by continuing to pay the same contribution to the employee’s benefit coverage for up to one (1) year. If an injured employee’s leave exceeds one (1) year, then the employee may continue his/her medical and dental insurance on a self-pay basis under COBRA. In the alternative, the employee may use accumulated sick leave to cover this expense (on a dollar-for-dollar basis at the employee’s straight rate of pay).
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