Common use of Breaks in Seniority Clause in Contracts

Breaks in Seniority. Seniority will be broken and employment will terminate when an employee: a. Quits, retires or dies. b. Is discharged for just cause. c. Is laid off or absent due to illness, injury or any other reason more than six (6) consecutive months. Employees who are terminated after six (6) months of absence and are medically cleared to return to work, within months 6 to 12, will be placed on a Preferential Rehiring List and will be required to accept the first available position, for which he is qualified, without loss of seniority. The Employee must advise the Site Human Resources Business Partner (HRBP) as soon as they are medically cleared to return to work. Failure to notify the Site HRBP or failing to return to work within seven (7) days of being recalled will result in the loss of their preferential rehiring rights. Any dispute regarding the Employee’s fitness for duty shall be referred to an Independent Medical Examiner (IME), who jointly is selected by the Company and Union, for final adjudication. d. Fails to return to work at the end of a Company-approved leave of absence unless physically or mentally incapacitated proved to the Company's satisfaction. e. Works during a Company-approved leave of absence without the express, written permission of the Company. f. Fails to return to work following layoff within seven (7) days after being recalled to work by a certified letter mailed to the last address furnished the Company by the employee. g. Is absent for three (3) or more working days without approval from the Company, or fails to notify the Company of absence within the same period. h. Accepts other employment for pay while on leave of absence unless expressly permitted in writing by the terms of the leave of absence.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Breaks in Seniority. Employees will continue to accrue seniority unless and until their seniority is broken. Seniority will be broken and the employment relationship will terminate when an employeebe severed if any of the following events occur: a. Quits, retires Voluntary resignation or dies.retirement (subject to 9.4.b.iii); b. Is discharged Discharge of a regular employee for just cause.cause or a probationary employee “at will;” c. Is laid off Layoff or absent due to illness, injury or any other reason continuous absence from work for more than six twelve (6) consecutive months. Employees who are terminated after six (612) months duration; except as otherwise provided by subsection 2.f of absence and are medically cleared to return to work, within months 6 to 12, will be placed on a Preferential Rehiring List and will be this Article or required to accept the first available position, for which he is qualified, without loss of seniority. The Employee must advise the Site Human Resources Business Partner (HRBP) as soon as they are medically cleared to return to work. by law; d. Failure to notify the Site HRBP Director or failing designee of intent to return to work pursuant to a recall notice sent by certified mail, return receipt requested, to the last address provided to the Agency through personnel records within seven (7) calendar days of receipt of such notification or ten (10) days of mailing, whichever occurs later; e. Failure to report for work immediately upon expiration of an authorized leave of absence or, in the case of an absence due to off or on-the-job injury/illness, failure to report for available work within seven (7) days of being recalled will result in the loss receipt of their preferential rehiring rights. Any dispute regarding the Employee’s fitness for duty shall be referred to an Independent Medical Examiner (IME), who jointly is selected by the Company and Union, for final adjudication. d. Fails notice of a limited or full medical release to return to work at the end of a Company-approved leave of absence unless physically or mentally incapacitated proved to the Company's satisfaction. e. Works during a Company-approved leave of absence without the express, written permission of the Company.work; f. Fails If the employee continues to return be absent from work due to work following layoff within seven (7) days after being recalled to work by a certified letter mailed to the last address furnished the Company by the employee. g. Is absent on-the-job injury/illness for three (3) years after the date of their injury/illness or more working days without approval from the Company, or fails to notify the Company of absence within the same period.otherwise loses their reinstatement rights under ORS Chapter 659A; or h. Accepts other employment for pay while on leave of absence unless expressly permitted in writing by the terms of the leave of absence.g. Job Abandonment

Appears in 1 contract

Sources: Collective Bargaining Agreement

Breaks in Seniority. Seniority will be broken and employment will terminate when an employeea ▇▇▇▇▇▇▇: a. Quits, retires or dies. b. Is discharged for just causedischarged. c. Is laid off or absent due to illness, injury or any other reason more than six (6) consecutive months. Employees who are terminated after six (6) months of absence and are medically cleared to return to work, within months 6 to 12, will be placed on a Preferential Rehiring List and will be required to accept the first available position, for which he is qualified, without loss of seniority. The Employee must advise the Site Human Resources Business Partner (HRBP) as soon as they are medically cleared to return to work. Failure to notify the Site HRBP or failing to return to work within seven (7) days of being recalled will result in the loss of their his preferential rehiring rights. Any dispute regarding the Employee’s fitness for duty shall be referred to an Independent Medical Examiner (IME), who jointly is selected by the Company and Union, ) for final adjudication. d. Fails to return to work at the end of a Company-approved leave of absence unless physically or mentally incapacitated proved to the Company's satisfaction. e. Works during a Company-approved leave of absence without the express, written permission of the Company. f. Fails to return to work following layoff within seven (7) days after being recalled to work by a certified letter mailed to the last address furnished the Company by the employee▇▇▇▇▇▇▇. g. Is absent for three (3) or more working days without approval from the Company, or fails to notify the Company of absence within the same period.; or h. Accepts other employment for pay while on leave of absence unless expressly permitted in writing by the terms of the leave of absence. i. This will apply to an individual involuntarily laid off who loses his seniority and employment but is rehired by the Company.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Breaks in Seniority. Seniority will be broken and employment will terminate when an employeea Supervisor: a. Quits, retires or dies. b. Is discharged for just causedischarged. c. Is laid off or absent due to illness, injury or any other reason more than six (6) consecutive months. Employees who are terminated after six (6) months of absence and are medically cleared to return to work, within months 6 to 12, will be placed on a Preferential Rehiring List and will be required to accept the first available position, for which he is qualified, without loss of seniority. The Employee must advise the Site Human Resources Business Partner (HRBP) as soon as they are medically cleared to return to work. Failure to notify the Site HRBP or failing to return to work within seven (7) days of being recalled will result in the loss of their his preferential rehiring rights. Any dispute regarding the Employee’s fitness for duty shall be referred to an Independent Medical Examiner (IME), who jointly is selected by the Company and Union, ) for final adjudication. d. Fails to return to work at the end of a Company-approved leave of absence unless physically or mentally incapacitated proved to the Company's satisfaction. e. Works during a Company-approved leave of absence without the express, written permission of the Company. f. Fails to return to work following layoff within seven (7) days after being recalled to work by a certified letter mailed to the last address furnished the Company by the employeeSupervisor. g. Is absent for three (3) or more working days without approval from the Company, or fails to notify the Company of absence within the same period.; or h. Accepts other employment for pay while on leave of absence unless expressly permitted in writing by the terms of the leave of absence. i. This will apply to an individual involuntarily laid off who loses his seniority and employment but is rehired by the Company.

Appears in 1 contract

Sources: Collective Bargaining Agreement