ARTICLE 8
LEAVES OF ABSENCE, SICK PAY,
JURY DUTY, FUNERAL LEAVE.
Section
1.
A
leave of absence may be granted to any employee with a minimum ninety (90)
days active service for any reason deemed satisfactory to the Company or as
required by law. Where practical, a
request for a leave of absence must be made in writing to the Senior Site
Manager or one's supervisor five (5) working days prior to the beginning of
the leave.
Section
2.
Leaves
of Absences will be granted in accordance with the Family and Medical Leave
Act.
Section
3.
Seniority shall accumulate during an approved leave of
absence not in excess of four (4) weeks.
Section
4.
An
employee accepting other employment or engaged in business for himself/herself
while on leave of absence shall be discharged by the Company unless the Union
and the Company have jointly, prior to the commencement of such leave of absence,
agreed in writing that it could be done. In the case of leaves for physical disability,
an exception can be made by joint agreement between the Company and the
Section
5.
An
employee who is a member of a reserve component of the Armed Forces, who is
absent due to required active annual training duty or temporary special services
duty, shall be paid his/her normal straight time earnings, including shift
differential and Cost of Living Adjustment where applicable, up to a maximum
of ten (10) workdays each calendar year. An employee who, because of schedule
adjustments by the reserve component, receives orders to report for two (2)
training periods in one calendar year may receive time off with pay in excess
of the ten (10)-day annual maximum provided that the total time off with pay
does not exceed twenty (20) workdays in a two (2) consecutive year period
(either current and previous calendar years or current and following calendar
years) and the employee was a member of the reserve component during both
of the applicable consecutive years. Employees with military orders to serve
additional days of duty will be excused on unpaid authorized leave of absence.
The amount due the employee under this Section shall be reduced by the amount
received from the government body identified with such training duty or services,
for the period of such duty (up to the maximum period mentioned above). Such
items as subsistence, uniform and travel allowance shall not be included in
determining pay received from state or federal government.
Section
6.
An
employee, on his/her one (1) year anniversary and each year thereafter, will be granted, forty (40) hours of sick
leave. Sick leave shall be allowed
to accumulate for a two (2)-year period.
Upon reaching their anniversary date, unused hours in excess of eighty
(80) hours will be paid out to the employee within thirty (30) days. Sick
leave pay shall be calculated and paid at the employee’s Base Rate including
shift differential and alternate work week premium pay, if
applicable.
Section
7.
Up
to four (4) days of bereavement
leave with pay will be granted to an employee on the active payroll for a
minimum of ninety (90) days who, because of death in his/her immediate family,
takes time off from work during his/her normal work schedule. Such pay shall be for the hours of his/her normal work day at his/her straight
time Base Rate, including shift differential, alternate work week premium
pay and Lead Pay, where applicable, for each such day off; however, such pay
will not be applicable if the employee receives pay for such days off under
any other provisions of this Agreement. Bereavement
leave must be taken on consecutive workdays as selected by the employee within
twenty (20) calendar days following the death (or evidence of belated notification
of death). For purposes of this Section
the “immediate family” is defined as follows: spouse, mother, father, mother-in-law, father-in-law,
children, brother, sister, son-in-law, daughter-in-law, great-grandparents,
grandparents, grandchildren, stepmother, stepfather, stepchildren, stepbrother,
stepsister, half brother, half sister, and spouse’s grandparents.
In addition, an employee will be granted bereavement leave for a stillborn
child if the employee provides a certificate of fetal death which has been
certified by the attending physician.
Section
8.
A.
When an employee is required to and actually
does serve on jury duty on his/her regularly scheduled working day, he/she
shall receive eight (8) hours pay at his/her Base Rate (plus shift differential
and alternate work week premium pay, if applicable). Employees shall receive holiday pay if a holiday
occurs while on jury duty. Such payments shall be limited to twenty (20) days
in any one calendar year except for grand jury duty when such payment shall
be limited to thirty (30) days in any one calendar year. Proof of such service
satisfactory to the Company must be given before this Section shall apply.
B.
When an employee is subpoenaed as a witness
in a Federal court, or state court of law in the state in which he/she is
working or residing, he/she shall receive eight (8) hours pay at his/her Base
Rate (plus shift differential and
alternate work week premium pay, if applicable). Such payment shall be limited
to twenty (20) days in any calendar year. Proof of such service satisfactory
to the Company must be given before this Section applies. However, an employee
will not receive wages under the above provision if he/she:
- Is called as a witness
against the Company or its interests or
- Is called as a witness
on his/her own behalf in an action in which he/she is a party or
- Voluntarily seeks
to testify as a witness or
- Is a witness in a
case arising from or limited to his/her outside employment or outside business
activities.
C.
Time spent on jury/witness duty is not
to be counted as absenteeism for purposes of disciplinary action or adjusting
vacation or sick leave anniversary dates.