Common use of Position Upon Return from Leave Clause in Contracts

Position Upon Return from Leave. 1. Employees returning to work from an FMLA leave will be reinstated to the same or equivalent position as they held before the leave in accordance with provisions of the Family and Medical Leave Act of 1993. 2. When an employee with more than one year of seniority who is on any leave of absence other than an FMLA leave returns to work within twelve (12) weeks of the time that the leave began, the employee may be reinstated to the same or substantially equivalent position they held before the leave, if available. If not placed in the same or substantially equivalent position they held before the leave, the Agency may restore the employee, if qualified, to a vacant position of similar salary to that which they left, but not necessarily the same position or in the same department. 3. Notwithstanding any other provisions of this Article XV, employees returning to work from a leave provided to an employee as a reasonable accommodation due to a “disability” under the Americans with Disabilities Act or other applicable law will be reinstated to the same or substantially equivalent position to that which they held before the leave if qualified unless to do so would create an “undue hardship” for the Agency within the meaning of the Americans with Disabilities Act or other applicable law.