LEAVES OF ABSENCE
Medical Leave of Absence
Any regular full-time or part-time employee may be granted a medical leave of absence for non-work related absence because of illness, injury, or temporary medical disability including pregnancy, childbirth, and related medical conditions.
The employee must notify the secretary in writing of the need for such a leave as soon as the employee learns that he or she will become temporarily disabled and unable to work due to a medical condition. Such notice must specify the reason for the leave, the date such leave will begin, and the expected duration of the disability. The notice must be accompanied by a physician's statement that verifies the existence of the medical condition, the anticipated duration of the disability, and the dates that the leave is expected to begin and end.
The following guidelines apply to medical leaves:
1. A medical leave of absence may be granted without pay. The leave shall not exceed a total of 120 calendar days for any one disability or any condition related thereto, whether the 120 days are continuous or non-continuous.
2. Pregnancy, childbirth, and related medical conditions shall be considered as one disability. The term "Medical Condition" encompasses all temporary medical disabilities, including, but not limited to, pregnancy, childbirth, and related medical conditions.
3. Any medical leave will be considered time spent off work to concurrently satisfy the Federal Family and Medical Leave Act and any state leave requirements where the law allows. If state and federal laws conflict, the most generous leave will apply. (Example: If an employee is disabled due to a pregnancy or chilbirth related condition, they may take a medical leave of absence and, if needed, the full three months of Family and Medical Leave Act.)insurance. These programs are financed by deductions from each employee's wages (the FICA and medical deductions on your payroll check stub) and matching payments by the company. Since Social Security eligibility amounts are determined by each employee's individual Social Security number, Cesar's must have your correct number.
A personal leave of absence may be considered if an employee has a compelling non-medical reason for needing an extended period of absence from work. Only regular full-tim and regular part-time employees are eligible to request a personal leave of absence. An employee must complete one year of continuous employment with the company to be eligible for a personal leave of absence. A maximum leave of up to one month may be approved. All requests for leaves of absence must be submitted to your supervisor who will then submit it to the secretary and the owner. The owner and secretary, who would grant the leave, are under no obligation to grant the request if it would be a detriment to the company or the department.
During an employee absence exceeding one month leave, it may be required to replace an employee due to business necessity. Employees may be reinstated in the same or similar position upon their return, if possible. If the same or a similar position is not available, the employee will be offered the first available opening in a comparable position but not necessarily the same shift or schedule. Should re-instatement not be available prior to or by the end of the one month maximum leave, the employee will be terminated from the payroll at the end of the one month leave.
Merit reviews and merit wage increases shall be adjusted to reflect the length of any leave of absence exceeding thirty days. Acceptance of other employment while on leave will result in termination.
An employee who is drafted for service in the armed forces is eligible for military leave of absence. Upon return from services, the employee will be eligible for re-employment and will be reinstated in the same or substantially similar position.
An employee who is a member of the Armed Forces Reserves or the National Guard, and who is required to attend annual active duty for training or other short-term reserve or guard duty (i.e. forest fire fighting, policy duty for natural disaster, etc.), is eligible for a military leave of absence. Such time off will not be considered vacation time. If the employees military pay for the above, with the exception of annual active duty, is less than his or her average company earnings for a like period Cesar's will pay the difference to the employee for a period not exceeding two weeks.
Military training leave must be approved and scheduled in advance by the employee's department manager. An employee who fails to obtain advance approval may be placed in unpaid leave of absence.
4. The company guarantees reinstatement to the same or a comparable position upon expiration of the leave, unless such a position no longer exists for legitimate business reasons unrelated to the leave. The maximum length of time a position can be held is four months.
5. Employees who are on pregnancy disability leaves of four months or less will, by law, be guaranteed their previous or similar position.
6. An employee who is granted a medical leave of absence shall be entitled to utilize any accrued vacation benefits during the period of his or her disability.
7. Any employee who does not return to work at the end of an approved leave will be deemed to have voluntarily resigned.
8. Merit review and merit wage increases shall be adjusted to reflect the length of any leave of absence exceeding 30 days.
9. Employees returning to work must present a written physician's release identifying any limitations.
10. If an employee is affected by pregnancy or a related medical condition, the employee may also be eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if this transfer is medically advisable.
An employee who requests such a leave may be required to provide an additional physician's statement from time to time thereafter in order to furnish update information regarding the employees condition.
For the duration of the disability leave of absence, it is the employee's responsibility to advise the secretary in writing, no later than the first of each month, regarding the status of the disability and the employee's intent to return to work. In the event no notice is received within that time frame by Cesar's inc., it will be assumed that the employee no longer has an interest or intent to work and the employee will be deemed to have voluntarily resigned the position.eck stub) and matching payments by the company. Since Social Security eligibility amounts are determined by each employee's individual Social Security number, Cesar's must have your correct number.