ARTICLE XIX - LEAVES OF ABSENCE
1. A. If an employee has been employed by the Publisher for at least twelve (12) months and 1,250 hours during the last twelve (12) months, they shall be entitled to twelve (12) weeks unpaid Family and Medical Leave during a twelve (12) month period, provided that the requested leave meets the conditions set forth in this Section 1.
Family and Medical Leave shall be granted for the following reasons, provided that the employee making application also meets the requirements described in B and C below:
1) The birth of a son or daughter if leave is taken within twelve (12) months of birth.
2) To care for a son or daughter if leave is taken within twelve (12) months of birth.
3) The placement for adoption of a son or daughter who is under the age of eighteen
(18) at the time of placement.
4) In order to care for the serious health condition of the employee which makes the
employee unable to perform the functions of his or her employment. A "serious
health condition" entitling an employee to Family and Medical Leave means an
illness, injury, impairment, or physical or mental condition that involves (1)
inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical
care facility, including an period of incapacity defined to mean inability to work,
attend school or perform other regular daily activities due to the serious health
condition, treatment thereof, or recovery therefrom, or any subsequent treatment
in connection with such inpatient care; or (2) continuing treatment by a health
care provider due to the serious health condition.
5) In order for an employee to care for the serious health condition, as defined in 4)
above, of a spouse, parent or child.
B. As a condition for receiving Family and Medical Leave under this Section 1, employees
must meet the following requirements:
1) If an employee is requesting leave under reason 1 or 3 above, the employee must
make application for leave at least thirty (30) days before the date leave is
expected to begin.
2) If an employee is requesting leave under reason 4 or 5 above, and the serious
health condition is foreseeable, the employee shall:
a) Make a reasonable effort to schedule treatment
so that the operations of the Publisher are not
disrupted.
b) Make application for leave at least thirty (30)
days in advance of the leave.
3) If an employee is requesting leave under reason 4 or 5 above, and the leave is
unforeseeable, the employee shall:
a) Make a reasonable effort to schedule leave so
that the operations of the Publisher are not
disrupted.
b) Provide medical certification justifying leave
as soon as reasonably possible, but in no instance
more than thirty (30) days after leave commences.
C. For purposes of this Section 1, "medical certification," means:
1) The certification shall come from a health care provider, as defined in the Family and Medical Leave Act of 1993, involved in the treatment of the employee requesting leave or the family member for whom the leave is being requested.
2) For reason 4 or 5 the certification shall state:
a) The date on which the serious health condition
commenced.
b) If leave is requested by an employee for the
care of a spouse, child or the parents of the
employee, the medical certification shall state
that the employee is needed to care for the child,
spouse or parent.
D. During the leave provided for in this Section 1, the employee's group health benefits and life insurance will continue as though the employee were actively employed.
E. If an employee is entitled to family leave pursuant to this Section 1 and for another type of leave, paid or unpaid, except sick leave, under this contract, the Publisher may require the employee to integrate the leaves. Whenever the leaves are integrated, the other type of leave will count toward the employee's twelve (12) week entitlement to family leave under this Section 1. An employee may request a variance of this integration of leaves policy, but the final determination is at the discretion of the Publisher.
F. An employee taking Family and Medical Leave pursuant to this Section 1 shall be restored to the same or an equivalent position, i.e. one with the same or equivalent pay, benefits and other terms and conditions of employment.
G. Benefits other than those expressly provided for in this Section 1 shall not be continued during Family and Medical Leave, provided that if and when the employee returns from such leave, the computation of severance pay, sick leave, vacations and other benefits of this contract will resume and be made a part of the benefits accumulated up to the time the leave of absence began.
2. Employees of one (1) year or more service will, upon request and by agreement with the Publisher, for good and sufficient cause, be granted a leave of absence without pay, not exceeding six (6) successive months duration, provided that the number of employees absent upon leave at one time will be restricted to two (2). Leaves in this Section 2 are meant to be either (a) leaves requested for reasons other than those treated in Section 1 or (b) for additional time above that provided for in Section 1 for the same reasons as provided for in Section 1. In the event that such leaves of absence are granted and the position of the absent employee is filled, one additional leave of absence may be granted. The time spent on such leave will not be considered as service time in the computation of severance pay, sick leave, vacations and other benefits of the contract. If and when an employee on leave of absence returns, the computation of severance pay, sick leave, vacations and other benefits of this contract will resume and be made a part of the benefits accumulated up to the time the leave of absence began.
A. In the event of the birth of a child of the employee or placement of a child with the employee in connection with adoption of such child by the employee, leaves of up to six (6) months without pay shall be granted in accordance with the provisions of Section 2 above. Accrued vacation may be paid for in cash at the commencement of the leave, in lieu of paid time off, if mutually agreeable to the employee and the Publisher.
3. Disabilities occasioned by pregnancy and/or child birth will be treated the same as all other disabilities.
4. In the event an employee is selected or appointed to any office in The Newspaper Guild, such employee will be given a leave of absence and he/she will be reinstated in the same position upon the expiration of such leave. If such leave exceeds two (2) weeks, the time spent on such leave will not be considered as service time in the computation of severance pay, sick leave, vacations and other benefits of this contract. If and when such employee on leave of absence returns to his or her position, the computation of severance pay, sick leave, vacations and other benefits of this contract will resume and be made a part of the benefits accumulated up to the time the leave of absence began. The foregoing will also apply to delegates elected to attend conventions of The Newspaper Guild or its affiliates.
5. An employee summoned to jury duty will be entitled to a leave of absence for the period of such duty and will be paid for such period the difference between his/her regular salary and the amount of money he/she is paid for jury service, provided, however, that a regular employee scheduled to work on a Saturday and/or Sunday will, for the period of such jury duty, have his/her off days for the period of jury duty designated as Saturday and Sunday. Night shift employees called for such duty will not be required to work on the day or days so spent.
6. An employee on jury duty will make himself available to the employer when dismissed from jury duty, but in no case will the employee be required to devote more hours to jury duty and work than the number of hours he or she is scheduled to work.