Occupational Leave of Absence- Disciplinary Action

Nothing in this policy shall prevent Samuel Merritt University from taking disciplinary action, up to and including termination, for inappropriate workplace conduct discovered before or during an employee's Leave of Absence, so long as such conduct is unrelated to the leave.

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Occupational Leave of Absence- Leave's Effect on Reinstatement

Employees returning from a Leave of Absence, as it applies to the policies listed above, are entitled to reinstatement to the same or comparable position consistent with applicable law. The University retains the right to deny reinstatement to an employee returning from Family Care and Medical Leave who are among the highest paid ten percent (10%) of the University's employees and whose reinstatement would cause substantial and grievous economic injury to the University's operations.

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Occupational Leave of Absence -Required Documentation Upon Return from Leave

When an employee returns from an approved Leave of Absence, he/she must provide Human Resources with a medical certification from his/her medical provider that the employee is able to perform all the essential functions of the job with/without a reasonable accommodation and a confirmed return date. If the employee believes that a reasonable accommodation is necessary, the employee must immediately notify the Human Resources Department and engage in an interactive process with the University.

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Occupational Leave of Absence- Return from Leave

If an employee does not return to work upon the expiration of the Leave of Absence, with all extensions as applicable, the University will consider it as a voluntary resignation without notice as if the employee has abandoned his/her position. If the employee engages in other employment outside the University while on a Leave of Absence, without prior approval from the Human Resources Department, such activity may be deemed to constitute a resignation without notice. Consult with the Human Resources Department with the relevant information and prior to taking any action.


Occupational Leave of Absence- Use of Replacement Staffing

While an employee is on an Occupational Leave that is outlined under Federal or State Law, that employee member's position may be filled on a temporary basis. When the Leave expires and the employee returns, the position must be available under certain laws, unless the position and comparable positions have been eliminated through a bona fide University reduction in force or other demonstrated Business Necessity as noted in bullet points at top of page four (4).


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