eZone   AFSCME Local 328
 4006 Barbur Blvd, Portland, OR 97239

Frequently Asked Questions - Other Leave

Why is it when I look at the current contract on this website does it still have the heading of 2012 - 2015? Can this be updated?

The current contract is on the Local 328 website, http://www.local328.org/docs/OHSU%2DAFSCME%20Contract%202015%2D2019%20%28clean%29%20%28SIGNED%29%2Epdf

We're working on getting it updated on the eZone but having some technical problems with it.

if I am put on restrictions by my doctor due to my pregnancy and if my boss says that they are unable to accommodate me, what are my options? Can I be forced to be put on maternity leave early and would this affect fmla?

This is what the contract says about reasonable accomodations:

 

6.7.1    Accommodation.   An employee who has a non-job related illness or injury may request and the Employer may grant work that she/he can perform in accordance with the Employer’s processes.  For temporary accommodations, the Employer shall estimate the duration of the assignment and notify the employee as soon as possible of the anticipated completion date.  The Employer will attempt to reasonably accommodate a disabled employee with a job he/she can perform in a productive manner while maintaining an acceptable attendance record.  
6.7.2    Inability to perform duties.  If an accommodation that is mutually agreeable to the employee or the employee’s representative and the Employer cannot be found, the employee or employee’s representative and the Employer may mutually agree to temporarily replace the employee for a specified time.  If mutual agreement on job accommodation or temporary replacement of the employee cannot be reached, the Employer may terminate the employee for inability to efficiently or safely perform the duties of his/her position.  Such termination shall be for just cause and subject to the grievance and arbitration provisions of Article 24.

 

I'm interpreting this as that yes, they can put you on Maternity leave early with reasonable cause. If you can find areas of your job that you can do (Like take some of the load from a co-worker for the things you CAN do so they can be freed to do the things you CAN'T do) I would try to pitch that to your boss. You get 12 weeks of FMLA for maternity leave I believe. I would call the Standard and speak with them as well to find a solution. 

 

I hope this helps.

I am interested in taking a 6 month personal leave of absence starting in March of 2015. I have already spoken with my manager and was given positive feedback, but have yet to be given a firm definite "yes." I just want to make sure I cover all my bases and do whatever I need to see that this happens. Is this something you can help with? Thank you, Kasey

The contract says you may take Personal and Educational Leave not to exceed one year. Article 14.2. You can use accrued paid leave to pay for it.  But there's nothing in the contract that describes the approval process. I would get something in writing from your manager and his/her manager, including any conditions of leaving and return. 

I recently received a response but wasn't clear, sorry to be a repeat offender. Does my manager have the right to tell me I have to get a Dr.'s note for taking a day of OFML to take care of my Son? We don't always take him in when he is sick, and unless you're going to the ER they usually do not have appointments available the same day. Thank you again!

If you have official OFLA approval for ongoing health issues (of your child), then you don't need an additional note, you're approved for it.

You may also use your sick time to take care of your sick child in the same way that you would take sick leave for yourself.

They may only require a note from your doctor if they have "reasonable grounds" for suspicion of abuse.  (See section 13.3 and 13.4 of the contract.)

Flex time -- is the Flex sacheduling still exist? I thought I had flex time, where i could take off for a dr.'s visit and make the time up later? apparently my supv said there is no more flex time.

Flex scheduling is up to you and your supervisor. You can request it, he/she can grant it.  It’s section 7.2.4 of the contract.

 

For a Drs appointment you should be able to use sick time to cover it.

 

I have an interview scheduled within OHSU -- how do I request leave for this? Is there an amount of time I have to give notice for requesting leave? Do I have to fill out an official request form?

Jennifer,

 

I received your question to the union.

 

You will have to ask for the time off in order to attend an interview and you would have to follow the guild lines your department has spelled out, i.e. request form.

 

Respectfully,

 

Mike

 

 

 

Mike Bandy

Chief Steward,

AFSCME Local 328

www.local328.org

 

i have a grandmother who has past and was wondering if we get grievance pay or how this works.

14.2.4    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 shall be allowed to take such leave for a period of up to five (5) days.  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.

I have been called to jury duty. Do I get full (partial) pay for my time serving?

The contract says -

ARTICLE 14 – LEAVES OF ABSENCE

14.1    Leaves of Absence With Pay.  An employee shall be granted a leave of absence without loss of pay or other benefits for the following:

14.1.1    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.

Can I work for another company while on FMLA when it benefits the person I care for?

Generally, you should not work while on FMLA.  If it can be proven that you are fit for work, as demonstrated by working elsewhere, you may jeopardize your rights to FMLA.

If the Union votes and approves to strike, how will that affect my vacation?

Approved leave time will be paid out as normal.  I suggest you get an approval in writing if you do not already have one.

bearevement leave, I have FMLA for my father and mother, my father passed away if my sik time is exhausted do I have to use vacation to attend the memorial service.?

Yes, you can use your Vacation, sick, or com time. Or you can use UNP if you choose.

I had FMLA to cover my fathers recent illness which lasted several weeks, I also had FMLA for my mother who is handicapped, When my father passed away I had used up my sick leave, my supervisor entered vacation time for bearevement leave for his memorial. I did not wish to use vaction for this "unpaid leave" can my supervisor force me to use vacation time for this. I believe the contract states I "may" use any accrued leave>

No, your supervisor can not force you to use Cacation for this leave.  You are correct.  the contract state You "may" use any accrued leave, which also means you "May" not choose to use it.  Did you show this to your supervisor?

I ask my supervisor if I can take an unpaid day since I work in clinic with a Doctor but she will be out that day. She states I have to use my accrual time for this but I don't want to use my vacation time for this. I though unpaid leave was optional? Can you please clarify.

It is at the discretion of your manager whether or not you can take it unpaid. Generally, when you take time off you should be using vacation or sick time. If you take too much time off unpaid it can affect whether or not you qualify for benefits. Most departments won't grant time off unpaid. If you don't have any vacation time left and you want to take time off, your manager does not have to grant it.

What protections, if any, do I have in the event that a mental health professional recommends leave from work? Is there any scenario under which an employee may receive a paid leave?

You can apply for FMLA and/or OMLA. This protects your job for 12 weeks, but does not pay you. If you have short term disability you can apply for that while on leave but I don't know if you would get it. Leave with pay is covered under article 14.1 of the current contract; copied and pasted here:

14.1    Leaves of Absence With Pay.  An employee shall be granted a leave of absence without loss of pay or other benefits for the following:

14.1.1    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.

14.1.2    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.

14.1.3    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.

14.1.4    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).

14.1.5    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.

14.1.6    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.

14.1.7    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.

There is no medical leave with pay. You would have to use sick and/or vacation time.

I am currently on FMLA. I am working on coming back, but from what my supervisor has said, I think they plan on putting me on probation when I return. Can they do that?

Pending no other disciplinary reasons, they cannot place you on probation for use of FMLA. If that is the case, then it would be appropriatefor your to file a grievance request and bring the manager into the 21st century where employees have protected rights such as FMLA/OFLA. You can log on to the E-zone and submit a grievance and a steward will be apointed to help you with this. Let me know if you have any further questions.

Timothy Hall

Chief Steward

AFSCME Local 328

Hallt@ohsu.edu

When an employee is on FMLA, are they required to make up any missing hours?

No, they are not required to make up missing hours. I am forwarding you Article33 .b of the Afscme contact that explains your rights for FMLA which does not require you to have to make up time. You can refer your manager  or supervisor to this article.

Thank you for your question

b.         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 in the event of the birth of a child or for the placement of a child under 18 years of age for adoption or foster care 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.

 

Family medical leave will be administered in accordance with the applicable law and the Employer’s policy.  All leaves of absence are unpaid.  However, an employee may use any accrued vacation or sick leave during the otherwise unpaid portion of the leave.  No vacation or sick time will accrue during the otherwise unpaid portion of family leave.

 

An employee’s return to work rights following a family medical leave will be as provided by FMLA and/or Oregon state law.  In the event subsequent legislative action at the federal or state level reduces employee’s rights, the Employer agrees to grant employees a paid, unpaid or combination medical leave of up to twelve (12) weeks and to reinstate such employees who return from said leave to their previous classification and position if they return to work within twelve (12) weeks.

 

Yesterday, due to a complete power outage for several hours, CHH was shut down mid-afternoon and employees on our floor (& I'm sure others) were told to go home before their scheduled end of workday. I believe employers need to pay the employees for the time lost but cannot find it in the contract.

The employer may send employees home if work is not available. In that case, the employee is on leave without pay unless they decide to use vacation or comptive. This is a temporary layoff, they need to do it by senority and can only do this up to 120 hours per year per employee.

The applicable language would be in article 21.1 Temporary Layoff, as follows:

21.1      Temporary layoff is defined as a temporary interruption of employment because of lack of work or unexpected or unusual reasons. Temporary layoff is different than permanent layoff, as defined in Article 20, because at the termination of such conditions giving rise to the temporary layoff, employees are to be returned to employment. Temporary layoff shall not exceed one hundred and twenty (120) hours, per employee, in any calendar year. These hours shall be prorated for part-time employees based on the established FTE for the position. Such temporary layoff shall be recorded and reported as leave without pay, but seniority and other fringe benefits shall continue without interruption during this period. An employee temporarily laid off may choose to be paid for accrued vacation and paid leave time at the rate being earned at the time of the temporary layoff or to maintain his/her accruals.
 

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