Third Failure Clause Samples

Third Failure. Failure to retake or pass the test within 90 days after the second attempt will result in the employee’s third failure. • After employee’s third failure, he/she shall be placed on non-active duty leave. While on non-active duty leave, the employee may remain in pay status through the use of compensatory time, sick time if it meets village criteria for use of sick time, and/or accumulated vacation leave, if any. • After being placed on non-active duty leave, the employee may retake the previously failed EJFT skill review a fourth time within a period not to exceed 30 calendar days. • If the firefighter passes the portion(s) of the skill review that he/she had previously failed, they shall be returned to active duty status.

Third Failure. 5.6.4.1 Initiate “Failure to Maintain Performance Qualifying Standards” or “Failure to Qualify During Qualifying Period” processes within this Article. 5.6.4.2 Loss of position (Sign position waiver in accordance with Article 4.6 within this Agreement). 5.6.4.3 Loss of rate retention and qualification. 5.6.4.4 Must bid to open Construction 1 position (or other position) where available. 5.6.4.5 If no Construction 1 position is available or employee chooses not to bid, employee may be assigned to varying locations based on business need. 5.6.4.6 Two (2) hours of formal, paid, documented training is provided. 5.6.4.7 One (1) year minimum from loss of position to retest. The opportunity to retest will require Management approval and will be based on business need. 5.6.4.8 If employee successfully retests after one (1) year, employee can start working up as Construction 2, as needed, and can bid on Construction 2 position where available.

Third Failure. 5.4.5.1 If the employee is in their qualifying period, see Failure to Qualify During Qualifying Period process within this Article. If the previous position held by the employee requires the same task, then the employee moves into redeployment. 5.4.5.2 If the employee is not in their qualifying period: • Following third failure of a required test for requalification (i.e., employee has previously passed testing and was “qualified”). • Employee will be placed on leave for a period equivalent to one (1) month per full year completed from date of hire, during which time they may bid to an open position (other than the position for which they were disqualified) for which they meet bidding qualifications. • Employee will use all accrued and banked PTO until PTO is exhausted; then employee will continue on leave without pay. • If the employee’s leave of absence extends beyond the period equivalent to one (1) month per year of service with the Company, the employee shall be terminated. Following third failure of a required test on a new task or content area introduced to an incumbent’s position: • Employee will be placed on leave for a period equivalent to one (1) month per full year completed from date of hire, during which time they may bid to an open position (other than the position for which they were disqualified) for which they meet bidding qualifications. • While on leave, the employee may be assigned to temporary work, as available. Assignments of temporary work will not exceed one (1) month per year of service up to a maximum of twelve (12) months from the date of the third (3rd) failure. Days assigned to temporary work do not extend the length of the leave of absence. • Employee will use all accrued and banked PTO until PTO is exhausted; then the employee will continue on leave without pay. • Once PTO is exhausted, the employee is removed from their current position and will be reclassified to Pay Group M, Experienced Pay Rate. Employee continues to accumulate only Company seniority. • While performing temporary work, additional PTO will be accrued at Pay Group M. When temporary work is not available, the employee will use additional accrued PTO until PTO is exhausted; then the employee will be returned to leave without pay. • Employee will not be eligible for preferential bidding, redeployment, or bumping as a result of this process. • If the employee’s leave of absence extends beyond the period equivalent to one (1) month per year of service with the...

Third Failure. Refer to “Failure to Maintain Performance Qualifying Standards” or “Failure to Qualify During Qualifying Period” processes within this Article. • Loss of position. • One (1) year minimum from loss of position to bid on open Welding position.

Third Failure. 5.4.5.1 If the employee is in their qualifying period, see Failure to Qualify During Qualifying Period process within this Article. If the previous position held by the employee requires the same task, then the employee moves into redeployment. 5.4.5.2 If the employee is not in their qualifying period: 5.4.5.2.1 Following third failure of a required test for requalification (i.e., employee has previously passed testing and was “qualified”): 5.4.5.2.1.1 Employee will be placed on leave for a period equivalent to one (1) month per full year completed from date of hire, during which time they may bid to an open position (other than the position for which they were disqualified) for which they meet bidding qualifications. 5.4.5.2.1.2 Employee will use all accrued and banked PTO until PTO is exhausted; then employee will continue on leave without pay. 5.4.5.2.1.3 If the employee’s leave of absence extends beyond the period equivalent to one (1) month per year of service with the Company, the employee shall be terminated. 5.4.5.2.2 Following third failure of a required test on a new task or content area introduced to an incumbent’s position: 5.4.5.2.2.1 Employee will be placed on leave for a period equivalent to one (1) month per full year completed from date of hire, during which time they may bid to an open position (other than the position for which they were disqualified) for which they meet bidding qualifications. 5.4.5.2.2.2 While on leave, the employee may be assigned to temporary work, as available. Assignments of temporary work will not exceed one (1) month per year of service up to a maximum of twelve (12) months from the date of the third (3rd) failure. Days assigned to temporary work do not extend the length of the leave of absence. 5.4.5.2.2.3 Employee will use all accrued and banked PTO until PTO is exhausted; then the employee will continue on leave without pay. 5.4.5.2.2.4 Once PTO is exhausted, the employee is removed from their current position and will be reclassified to Pay Group M, Experienced Pay Rate. Employee continues to accumulate only Company seniority.

Third Failure. 5.5.4.1 Initiate “Failure to Maintain Performance Qualifying Standards” or “Failure to Qualify During Qualifying Period” processes within this Article.

Third Failure. If the employee fails the third CSFE due solely to fitness, the assignment to light duty shall be re-evaluated based on the employee’ effort. Continued assignment to light duty will be at the discretion of the Fire Chief. The employee is expected to continue to follow the fitness improvement program. If at any time the employee successfully passes the CSFE he or she may resume full duty status. All retests of the CSFE shall be paid for by the employee. If the employee is not assigned to light duty he or she may use accrued sick and vacation leave until he or she passes the CSFE within the time frame required by this section.