ARTICLE 9 - LEAVE OF ABSENCE

Section 1. Personal Leave. An employee may be granted a personal leave of absence by agreement between the employee and the Employer, if a written request for such leave is approved by the Employer. All requests for leave must be in writing and state the specific reason for the leave requested. The written request must be given to the employee’s immediate supervisor. Management’s response to the requested leave shall be given in writing within ten (10) days fro the time the request is received. Seniority shall accrue, except as limited in Section 11.7 during personal leave.

Section 2. Union Leave. If an employee is appointed by the chief executive officer of the Union to a job as an official of the Union, he will be granted a leave of absence without pay for a period not to exceed one year. The Union will make the request in writing one month prior to the leave commencing.

Section 3. Military Leave. Leaves of absence shall be granted to employees for the purpose of serving in the military of the United States. Any employee returning from military service shall be entitled to re-employment in accordance with the provision of applicable federal law.

Section 4. Educational Leave. An educational leave of absence may be granted to employees at the discretion of management for the purpose of attending college or specialized training approved for job related purposes.

Employees on such leave shall retain past seniority for time in classification an all other purposes except job bidding, scheduling and layoff. Employees returning from educational leave will begin a new seniority date for job bidding, scheduling, and layoff purposes. It is understood that the return of an employee from educational leave is dependant on the availability of open jobs.

An employee may remain on a leave for up to nine (9) months with a three (3) month extension, provided they have contacted the Store/Unit Director with a commitment to return to work prior to the end of the time period.

Failure of the employee to return to work within the nine (9) months of leave or such later date as specified within the extension period shall result in termination.

The employer may require verification of attendance in order to approve or continue an educational leave of absence. The employer reserves the right to require any necessary verification.

Section 5. Non-Work Related Disability Leave. Leaves of absence shall be granted for up to one (1) year for employees who become unable to work because of non-work related illness or injury. This leave shall become effective the first full day off work due to the illness or injury. The illness or injury must be verified by a physician certifying the disability is approved by current objective medical evidence.

The course of treatment must be appropriate for the disability. The Employer, however, reserves the right to have the employee examined by a physician of its choice to confirm the illness or injury.

In the event the employee is medically unable to return to work and resume his regular job duties on the date the leave is due to expire, up to a six (6) month extension will be granted at ninety (90) day intervals if the employee’s physician submits verification for such extension indicating a time the employee will be able to return to work and assume his regular job duties during the extension period. Additional extensions may be granted by the Employer beyond the six (6) month extension period. The Employer reserves the right to have the employee examined by a physician of its choice to confirm the need for the extension.

Failure of the employee to return to work within the one (1) year period of leave or such later date as is specified within the extension period shall result in termination.

Seniority shall accrue during non-work related disability leaves except as limited in Section 11.7.

Section 6. Work Related Disability Leave. Leaves of absence shall be granted for up to one (1) year for employees who become unable to work because of a work related injury. This leave shall become effective the first full day off work due to the injury and must be verified by a physician certifying the disability is supported by current objective medical evidence. The course of treatment must be appropriate for the disability. The employer may require certification of injury from a physician of its choice.

Failure of the employee to return to work within the one (1) year period of leave or such later date as is specified within the extension period shall result in termination.

Seniority shall accrue during work related disability leaves except as limited in Section 11.7.

Section 7. Employees on leave of absence of thirty (30) days or less shall maintain their present time in classification for rate increases and other contract purposes. Persons on leave of absence longer than thirty (30) days will not accumulate time in classification for purposes of receiving increases while below top rate within classification.

When employees are released from their medical restrictions, they will be considered as returning from disability leave and treated accordingly.

Section 8. Any employee on leave of absence for reasons other than military leave must return on the date agreed, unless mutually agreed otherwise between the Employer and the employee or his employment shall be terminated.

Section 9. No leave of absence will be granted to an employee for the purpose of trying out another job, engaging in any other employment, or to venture into business for himself unless the Employer gives special permission in writing. Failure to comply with this provision shall result in complete loss of seniority rights for the employee involved.

Section 10.