Common use of Return to District Service Clause in Contracts

Return to District Service. Employees who take the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) for their own serious health conditions shall present certification from their health care provider to the effect that they are able to resume work. Employees returning from the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) will be reinstated in the same or a comparable position. The district may refuse to reinstate an employee returning from leave to the same or comparable position under the following circumstances: 14.10.3.1 The employee is hired for a specific project or term and the project or term is over. 14.10.3.2 The employee’s position is eliminated while the employee is on leave and the employer would have laid off the employee if he or she was still working. 14.10.3.3 The employee cannot perform the essential functions of his/her position because of a physical or mental conditions.