2019 - 2023 WCEMemorandum of Understanding: Article 30: Leave Without Pay - Water Agency
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30.1 General Provisions
- The General Manager may grant leaves without pay, at the request of the employee concerned, to employees of the Agency because of illness, disability, or pregnancy disability, or as provided by the Family Medical Leave Act; or for educational purposes; or for other reasons subject to the approval of the General Manager.
- An employee may appeal the denial by the General Manager of the employee's request for leave without pay. Such appeal shall be made in writing and submitted through the Grievance Procedure specified in Appendix A in accordance with the procedural requirements in that procedure. Any appeal of a denial of leave without pay for medical reasons shall be accompanied by a statement signed by competent medical authority, setting forth the employee's ability to perform the duties of the employee's position and a prognosis of the employee's ability to return to work at the termination of the requested leave.
- The decisions of the Grievance Appeals Committee on any appeals under this Section 30.1 shall be final and binding.
30.2 Work-Related Disability Leave
Requests for leave without pay for disabilities which are found by the Water Agency’s Workers’ Compensation carrier or the Industrial Accident Commission to be incurred as a result of Water Agency employment shall be approved by the General Manager for the period following expiration of paid Sick Leave and vacation until discontinuation of disability compensation payments.
30.3 Military Service
Requests for leave without pay for military service shall be approved by the General Manager in accordance with applicable law.
30.4 Fitness For Duty Examination
When an employee is absent due to illness, injury or disability, the General Manager may require that before returning to work the employee provide verification from a physician that the employee is medically able to perform his/her job responsibilities. Until the employee’s fitness for duty is verified, the employee shall continue to use available paid and unpaid leave. Failure to provide verification of fitness for duty shall result, after expiration of the employee’s accumulated sick leave, in further leave with pay, leave without pay, and/or separation of the employee.