Page 36 - Drive Thru Handbook 9-17
P. 36

If the Company cannot reinstate you to the same position you held before your leave
               began, the Company will offer you a substantially similar position, provided that:

                       a)  A substantially similar position exists and is available;

                       b)  Filling the available position will not substantially undermine the Company’s
                          ability to operate safely and efficiently; and

                       c)  You are qualified for the position.

               If you do  not return  to work on the originally scheduled return date, or request in
               advance an extension of the agreed upon  leave with appropriate  medical
               documentation, you will be deemed to have voluntarily terminated your employment
               with the Company.  Failure to notify the Company of your ability to return to work when
               it occurs, or your continued absence from work because your leave must extend beyond
               the  maximum time  allowed, may be deemed  a voluntary termination  of your
               employment with the Company, unless you are entitled to family/medical leave.

               Returning from Leave

               As a condition of your return from PDL or transfer, the Company requires you to obtain
               a release to return to work from your health care provider stating that you are able to
               resume your original job duties with or without reasonable accommodation.
               Integration With Other Benefits and Relationship To Other Types of Leave


               PDL taken under this policy runs concurrently with:
                       •  Any family and medical leave that is available to you pursuant to the FMLA;

                       •  Any Workers’ Compensation leave that is available to you; and

                       •  Any other paid leave for a serious health condition that is available to you.
               PDL is treated separately from leave required by the CFRA.  However, the first twelve
               (12) workweeks of a PDL will be treated as a concurrent leave pursuant to the FMLA for
               all eligible  employees.   Any request  for leave after your disability has  ended will be
               treated as a request for medical or family care leave under the CFRA and FMLA, if you
               are eligible for that type of leave.  Please refer to the Family and Medical Leave Policy.

               If you want more information regarding your eligibility for a leave and the impact of the
               leave on your seniority and benefits, please contact Human Resources.
               Intermittent and Reduced Scheduled Leaves


               You may take your  family/medical leave and Pregnancy Disability Leave, on an
               intermittent (i.e., in separate blocks of time due to a single health condition) or reduced




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