Common use of Breaks in Continuous Service Clause in Contracts

Breaks in Continuous Service. An employee's continuous-service record shall be broken if an employee: (a) quits; (b) is discharged; (c) is absent from work three (3) consecutive days without notification to and approval by the Employer, other than because of proven sickness, or is unable to notify the Employer because of physical incapacity or other reasonable excuse; (d) is laid off for more than twenty-four (24) months or fails to report to work within five (5) working days after having been recalled from layoff; (e) fails to report for work at the termination of a leave of absence; (f) if an employee on a leave of absence for personal or health reasons accepts other employment without permission; or (g) if he or she is retired. If an employee's continuous-service record is broken due to a curtailment of operations, said employee shall be considered on layoff status and, if hired by any County department or recalled within the twenty-four (24) month period under Section 7.07 Layoff, shall retain his/her County seniority. In all other cases, if the employee returns to work for Madison County, he/she does so as a new employee with no seniority nor County seniority rights, nor other credits for previous service. S ection 7.04. Promotions "Promotion," as used in this Section, means the advancement of an employee to a higher-paid position or to a position which the employee considers to be in his/her best interest. Whenever a job opening occurs (other than a temporary opening as defined below) for any existing or newly created, bargaining-unit job classification, a notice of such opening shall be posted (including the job title, job description, shift, rate of pay and department) on a bulletin board in the department in which the opening has occurred, and on the AFSCME bulletin board in the Administration Building, outside the Human Resource Office, for ten (10) working days or until the position is filled, whichever occurs sooner. The Employer will send a copy of such notice to the local secretary of the Union and any employees on lay-off status. No permanent job opening shall be deemed created due to an employee being on paid sick leave or vacation, or on an approved leave of absence of six (6) months or less. During this period in which the notice is posted, employees who wish to apply for the opening, including employees on layoff, may do so. The application shall be in writing, and it shall be submitted to the person who has hiring authority for the opening. The Employer shall attempt to fill the opening by promoting a qualified applicant among existing employees or employees on lay-off status who have the greatest seniority in the department in which the opening occurs. Employees who do not qualify, in the Employer’s judgment, within a probationary period of thirty