10.1 Basis and Amount.
On application as required by Section 10.2 of this Article, a Regular Full-Time or Regular Part-Time Employee who has completed six (6) months or more of continuous employment with the Employer will be eligible for leave of absence: (a) up to six (6) months for personal illness; (b) up to nine (9) months for maternity; (c) up to twelve (12) months for education at an accredited educational institution after at least one (1) year of employment; and (d) up to twelve (12) months for assumption of a full-time Union position. The six-month (6) limitation shall not be applicable for maternity leave. Other leaves of absence without pay for other reasons will not be unreasonably denied by the Employer. An Employee on leave pursuant to this Section will not accrue benefits or seniority under this Agreement, except that at the expiration of any such leave, the Employee will be entitled to return to work at the same job classification without loss of previously accrued seniority. Seniority shall not accrue during unpaid leaves of absence or while an Employee is on suspension. Notwithstanding the foregoing, an Employee on leave of absence covered by Workers' Compensation shall accrue seniority for the computation and determination of eligibility for all non-economic benefits where length of service is a factor pursuant to this Agreement, e.g., layoff, recall, lateral transfers, vacation time selection, etc. Reasonable efforts will be made to place the returning Employee in his or her former Region/Program if a position is available and it is consistent with the effective and efficient operation of the Employer. An Employee on leave due to disability pursuant to this Section may, at the Employee's request, receive a lump sum payment representing all or part of compensatory time and/or vacation time accrued by the Employee up to the commencement of the leave of absence. Effective July 1, 2001, in the case of an Employee who is on a leave of absence for personal illness, such Employee may, if medically necessary, extend such leave for up to an additional six months, provided that an Employee who returns to work from such an extended leave of absence will be reinstated to a Staff Nurse position, unless, in the case of an Employee other than a Staff Nurse, that Employee's former position remains vacant at the time of his/her return from such extended leave of absence.
An Employee desiring leave of absence under Section 10.1 of this Article, except in case of emergency, will apply for it in letter form to the Employer at least four (4) weeks prior to commencement of such leave, and the Employer will notify the Employee of the decision within ten (10) workdays. An Employee desiring extension of any leave of absence will submit a similar application as soon as possible but not later than five (5) workdays before the scheduled expiration of that leave, and the Employer will notify the Employee of its decision within three (3) workdays after receiving such application. The Employer will simultaneously notify the Union of any leave or extension granted and its duration.
An Employee will be terminated for obtaining a leave by false pretense or for failing to return from a leave.
10.4 Military Leave.
A leave of absence for the performance of duty in the United States Armed Forces or with the reserve component thereof shall be granted in accordance with applicable law, and an Employee on such leave may, at the Employee's request, receive a lump sum payment representing all or part of compensatory time, personal time and/or vacation time accrued by the Employee up to the commencement of the leave of absence.
10.5 Family and Medical Leave Act.
The Employer will comply with the provisions of the Family and Medical Leave Act of 1993 which are hereby incorporated by reference.