LAYOFF AND RECALL
7.1 Definitions. For the purpose of this Article:
"Ability to perform the work" means present knowledge, skills, and abilities, (KSAs) ascertained by the university based on documentation or an appropriate KSA verification, to perform the full range of duties of the position in question.
"Normal orientation" means the period of time to be, or to become, acquainted with those aspects of the position that the employee could not or would not otherwise know, as distinguished from training or learning the basic or special skills needed for a position.
A "vacancy" shall be defined as an open position which the Employer intends to fill.
7.2 Displacement. When contemplating the displacement of an employee, the Employer will consider options, including retraining, which would enable the Employer to retain the affected employee.
When a reduction of the work force becomes necessary, first all temporary employees and then probationary employees will be laid off, provided that the available work can be performed by the remaining regular employees. In the event probationary employees are rehired into the same bargaining unit position with the same job classification within sixty (60) days after layoff, they will have their probationary period reduced by the number of probationary days already served; provided, however, they will in any event serve at least an additional thirty (30) probationary days.
7.3 Layoff. When, in the judgment of the Employer, a reduction of the work force in a classification and department becomes necessary, the employee with the least seniority in the affected classification shall be laid off first, provided the employees remaining in the classification and department have the ability to satisfactorily perform the work available. An employee scheduled for layoff may opt to fill any vacancy, unit-wide (treated as an involuntary transfer) or exercise seniority, subject to their current ability to satisfactorily perform the work available, and subject to their possession of the minimum qualifications for the job. When opting to exercise their seniority, these steps will be utilized in the following order:
a. Fill any vacancies in the same classification.
b. Fill any vacancies in the same pay grade.
c. Replace the least senior employee in the same classification.
d. Replace the least senior employee in the same pay grade.
e. Fill any vacancy in the next lower pay grade.
f. Replace the least senior employee in the next lower pay grade.
g. Repeat the two prior steps in consecutively lower pay grades.
7.3.1 Employees replaced in accordance with the above shall exercise their unit seniority to replace another employee in the same manner. The final bump shall occur not later than the effective date of the original layoff notice.
7.3.2 A full time employee may displace two (2) or more part time employees, if such an arrangement is feasible and the part time responsibilities can be fulfilled.
7.3.3 In applying Section 7.3, in the event a part time employee has more seniority than a full time employee, the part time employee can exercise seniority to displace the full time employee at least to the extent of the same number of part time hours as the position previously held. If feasible, the University will divide the position affected into two (2) part time positions so that the part time employee has the same number of hours previously held and the full time employee has the remaining hours of the position. The full time employee can then exercise the employee's seniority under Section 7.3 above. If the above is not feasible, the part time employee will displace the full time employee.
7.3.4 The Union may request an employee not be required to bump into a different shift. The Employer shall consider the request and reserves the right to deny or approve the request.
7.4 Recall. All full and part time employees with seniority on layoff because of a reduction of the work force will be recalled, conditioned upon ability to perform the work available with a normal orientation, and subject to their possession of the minimum qualifications of the job, in order of seniority prior to posting a regular job opening in the laid off employee's prior classification or lower classification. Recall rights are limited to the period specified in Section 8.5 (c).
7.4.1 Notice of recall shall be sent to the employee at the employee's last known address by registered or certified mail. If an employee fails to report for work within fifteen (15) working days of mailing, the employee shall be considered to have waived all rights to recall and to have voluntarily resigned. Extensions will be granted by the Employer in extenuating circumstances.
7.5 Temporary Layoffs. In the event non-probationary employees are laid off due to a temporary discontinuance of operations, or any portion thereof, necessitated by the academic calendar or conditions, including financial, not immediately correctable by the University, temporary adjustments in the work force can be made without application of the Layoff or Recall Procedures. Such temporary layoffs will not exceed a total of seven (7) days per contract year or two (2) days per pay period, and the Union will be notified before such layoffs are implemented.
7.6 Notice to Union and Liability. Names of employees removed from a classification or laid off in a reduction of the working force and recalled to work shall be given to the Union in writing. A grievance alleging a violation of the layoff and recall procedures may be processed through the grievance procedure, provided such grievance is submitted in writing at Step Three within seventy two (72) hours after the Union receives notification of a removal of layoff or a recall to work.
7.7 Notice to Employees. At least thirty (30) working days prior to a layoff, other than a temporary layoff, the matter shall be discussed between the Director of Human Resources or designee and the President of the Union and one (1) other representative of the Union. The employee or employees who will potentially be affected by a layoff and the Union shall be notified in writing by the Director of Human Resources, or designee, or other designated administrative agent at least thirty (30) working days in advance of the layoff. The written notice to the employee(s) and the meeting with the Union may occur simultaneously. An employee's accrued annual leave days will not be used in lieu of this notice.
7.8 Where "minimum qualifications" are required in this Article, this requirement shall be waived by the University if the individual has demonstrated the ability to perform the available work.
8.1 Eligibility. Employees in the bargaining unit who have completed their probationary period shall be entitled to seniority rights under this Agreement.
8.2 SENIORITY DATE. An employee hired into a regular full time or regular part time position subsequent to October 27, 1975, shall have seniority from the date the employee reported to work. An employee on layoff, except as limited in Section 8.5 below, shall retain and continue to accumulate seniority.
8.3 Probation. Each new employee shall be considered a probationary employee for the first ninety (90) calendar days of employment. Upon satisfactory completion of the probationary period, the employee shall be placed on the seniority list of the bargaining unit and shall rank from the date of hire. The probationary period may be extended up to an additional ninety (90) calendar day period with the mutual consent of the Union and the Employer.
8.3.1 There shall be no seniority among probationary employees.
8.3.2 The Union shall represent probationary employees for the purpose of collective bargaining in respect to wages, hours of employment, and other conditions of employment as set forth in this Agreement. The Union shall not, however, represent probationary employees regarding layoffs and/or terminations, which are non-grievable.
8.4 Transfers. An employee who transfers to a position outside the bargaining unit in the University, and who returns to the bargaining unit within two (2) years, shall retain the employee's seniority held at the time of the transfer. The two (2) year period may be extended by mutual agreement between the union and the employer.
8.5 Cessation. Seniority rights of an employee shall cease for any one (1) of the following reasons:
a. If the employee voluntarily terminates employment in the bargaining unit, provided such termination is not for transfer purposes as covered in Section 8.4 above.
b. If the employee is discharged and the discharge is not reversed through the grievance procedure.
c. If the employee is laid off for a continuous period equal to the seniority the employee had acquired at the time of such layoff period, or for two (2) years, whichever is shorter.
d. If the employee retires.
e. If the employee fails to return to work from layoff when recalled as set forth in the recall procedure, section 7.4.
f. If the employee is absent for three (3) consecutive working days without notifying the employee's immediate supervisor and fails to give a reasonable explanation for the absence and lack of notice, or if the employee overstays a leave of absence without providing a reasonable explanation to the employee's immediate supervisor within five (5) working days of the termination of the leave. An employee shall not be deprived of seniority when justifiable reasons beyond the employee's control make it impossible to notify the employee's immediate supervisor or return to work.
8.6 Master List. The Union President shall be furnished a master list of all employees in the bargaining unit showing the seniority date of each full time and part time employee. Such list shall contain the name, seniority date, classification of each employee in the bargaining unit, hourly salary, position number, and employee's mailing address. Revised master lists shall be furnished to the Union by the Employer quarterly or as requested by the Union President. Any appeals from the master list shall be made within twenty (20) calendar days following the date the master list is provided to the Union.
8.7 Accrual. Employees who are regularly scheduled to work one thousand five hundred and sixty (1,560) hours or more per year will accrue seniority on a full time basis. Employees regularly scheduled to work twenty one (21) or more hours per week but less than thirty (30) hours per week will accrue seniority on a three quarter time basis. Employees who work twenty (20) hours per week or less will accrue seniority on a half time basis.
8.8 Seniority Tie-Breaker. In the event that two (2) or more employees have identical seniority dates, seniority will be determined by the year of birth and the employee with the earliest date shall be deemed to have greater seniority. If the year of birth is identical, seniority will be determined by the month of birth. If the month of birth is identical, seniority will be determined by the day of birth.
8.9 Seniority of Union Officials. Members of the bargaining committee, while actively engaged in contract negotiations, shall have top seniority unit wide for layoff and recall purposes only, provided they have the ability to perform satisfactorily the work available. Union stewards shall have top seniority in the jurisdictional districts they represent, provided they have the ability to perform satisfactorily the work available. The Union President and Chief Steward shall have top seniority unit wide. Upon the expiration of their terms of office, the above Union officials shall revert to their respective original positions on the seniority list.
LEAVES OF ABSENCE
9.1 Leaves of Absence With Pay
9.1.1 Jury Duty Leave. Employees shall be granted jury leave with pay for the period they are required to serve. Such leave shall be coordinated with the supervisor. With the exception of reimbursable expenses, compensation received by the individual for time spent performing jury duty on working days shall be remitted to the University. Checks for jury duty should be endorsed to Northern Michigan University and forwarded to the Financial Services Office with a memorandum that includes the dates of the jury duty. Employees are expected to report for regular University assignment when temporarily excused from attendance at court.
9.1.2 Funeral Leave. If a death occurs among members of an employee's immediate family, the employee will be excused from work, with pay, for three (3) days in order to attend the funeral and make other necessary arrangements. In the case of an employee's parent, parent in law, spouse or designated individual, child, or stepchild, five (5) days will be permitted. Because of extenuating circumstances, the Director of Human Resources may grant the bereaved employee additional time charged to the employee’s accumulated annual leave or may extend the period of this funeral leave.
184.108.40.206 Immediate Family. The immediate family shall be interpreted as including: spouse or designated individual, child, stepchild, father, mother, sister, brother, father in law, mother in law, stepfather in law, stepmother in law, sister in law, brother in law, daughter in law, son in law, grandfather, grandmother, grandfather in law, grandmother in law, stepfather, stepmother, half brother, half sister, grandchild, and dependent persons (including but not limited to foster children or relatives residing in the home).
220.127.116.11 The name of the designated individual must be on file with the Human Resources Department at least six (6) months prior to utilization of such leave.
18.104.22.168 An employee will be allowed one (1) day to attend the funeral of an uncle, aunt, nephew, or niece of the employee, employee's spouse or designated individual.
22.214.171.124 A reasonable number of employees in the unit will be allowed to attend the funeral of a fellow employee or former employee, without loss of pay, provided they return to work after the funeral. Employees who serve as pallbearers at a funeral of a fellow employee or former employee will be paid during the time they must be off the job.
9.1.3 Military Leave of Absence. The Employer will abide by federal and state laws regarding eligible employees who serve in uniformed services and take leaves of absence for such services.
126.96.36.199 The Employer will pay the difference between the employee's military pay and regular pay, if the employee's military pay is less, for a period not to exceed fifteen (15) work days in any one calendar year. In order to receive this difference, the employee shall furnish the Employer with written evidence of the amount of base service pay the employee was eligible to receive.
188.8.131.52 Although an employee cannot be required to use annual leave to complete a period of training or service, an employee may, at his or her sole option, choose to use accrued annual leave during a period of training or service.
9.1.4 Mandatory Sick Leave. If the fitness of an employee to continue in the employee's responsibilities becomes questionable for reasons of physical or mental health, the Director of Human Resources or the director’s designee shall discuss the matter with the employee in personal conference. The employee may request union representation at this meeting. If the problem cannot be resolved in such conference, the Employer may require the employee to submit to a physical or psychiatric evaluation. The Employer may designate an examiner who must be a licensed psychologist, physician or psychiatrist and the Employer will assume the cost of the examination. In the event the medical examination results in finding that the employee is unable to discharge his duties in a competent manner, the Union recognizes that the Employer may have to place the employee on mandatory sick leave, with entitlement to any applicable sick leave, short-term disability, or long-term disability payments. Before an employee is involuntarily placed on such a sick leave, the Employer will notify the President of the Union of the proposed action.
9.1.5 Personal Leave. Employees shall be granted up to twenty-four (24) hours of personal leave per contract year for absence from work for the purpose of attending to or caring for personal matters (e.g., routine medical, dental appointments for dependents). Personal leave may be used in one (1) hour increments and may be scheduled as needed by the employee with prior approval of the supervisor. Personal leave cannot be carried over into the next contract year and will not be paid upon change in employment status.
184.108.40.206 New employees hired between July 1 and December 31 will be granted up to twenty-four (24) hours of personal leave on their date of hire. New employees hired between January 1 and April 30 will be granted up to twelve (12) hours of personal leave on their date of hire.
220.127.116.11 On July 1 of each year, employees who are regularly scheduled to work at least twenty (20) hours per week but less than forty (40) hours per week will be granted a total of personal leave hours proportionate to the time actually worked (e.g., an employee who works thirty (30) hours per week will be granted eighteen (18) hours of personal leave). Employees who regularly work less than twenty (20) hours will not qualify for personal leave hours.
9.2 Leaves of Absence Without Pay
9.2.1 Illness or Disability Leave. Employees who have acquired seniority and are not eligible for coverage under the Long-term Disability Program or employees who have acquired seniority and are denied long-term disability benefits may apply for a leave for illness or disability as follows:
a. An employee who (1) is unable to work because of personal sickness or injury including pregnancy and pregnancy related disability and (2) has exhausted sick leave, personal leave hours, short-term disability benefits, and annual leave shall be granted a leave of absence without pay upon request in writing and upon the Human Resources Department receiving written satisfactory evidence of disability from the employee's physician.
b. The leave of absence shall be for the period of continuing disability, but not to exceed three (3) months.
18.104.22.168 Employees who are eligible for coverage under the Long-term Disability Program and who receive long-term disability benefits will be considered to be on an illness/disability leave and are subject to the conditions of Sections 22.214.171.124 and 10.10.4.
126.96.36.199 Seniority of employees shall not continue during leaves of this provision. The Employer will provide fully paid hospitalization (family plan) as provided in Section 10.3, the regular contribution amount toward the dental plan and the optical plan, if applicable, and one times regular annual salary as group life insurance as provided by our carriers for those employees who are on an approved leave of absence due to sickness or disability including those receiving Workers' Compensation benefits with a two (2) year maximum extension of these benefits.
9.2.2 Personal Leave. Leaves of absence up to three (3) months without pay may, at the discretion of the Employer, be granted in cases of exceptional need for those employees who have acquired seniority under this Agreement. Leaves may be granted for such reasons as settlement of an estate, serious illness of a member of the employee's family, child care for a newborn infant (including adopted infants), or extension of annual leave once annual leave has been granted, but not for the purpose of obtaining employment elsewhere. Leaves of absence for like causes may be extended for additional three (3) month periods, but the total leave time shall not exceed one (1) year.
9.2.3 Family and Medical Leave Act (FMLA). The provisions of this Article are intended to comply with the Family and Medical Leave Act of 1993, and any terms used from the FMLA will be as defined in the Act. Additional information regarding updates to the law and guidance to employees and employers can be accessed at: http://www.dol.gov/esa/whd/fmla/. To the extent that this Article is ambiguous or contradicts the Act, the language of the Act will prevail. Except as expressly provided in this Article, these FMLA provisions do not impair any rights granted under other provisions of this Agreement.
188.8.131.52 A bargaining unit member is eligible, effective August 5, 1993, for a FMLA leave if he/she has been an employee for at least twelve (12) months and has been employed as an employee at least one thousand two hundred and fifty (1,250) hours during the twelve (12) month period immediately preceding the leave effective date at a worksite where the Employer employs at least fifty (50) employees within a seventy five (75) mile radius.
184.108.40.206 Subject to the notice and certification requirements described below, an eligible bargaining unit member may request and will be granted up to twelve (12) workweeks of unpaid FMLA leave during any twelve (12) month period for one or more of the following events:
a. for the birth of a son or daughter of the member and to care for such child.
b. for the placement of a child with the member for adoption or foster care.
c. to care for a spouse or designated individual, child, or parent of the member if the former has a serious health condition, or
d. because of a serious health condition of the member, which renders him/her unable to perform the functions of the member's position.
220.127.116.11 If the requested leave is for the birth/care of a child, the placement of a child for adoption or foster care, or to care for a spouse or designated individual, child, or parent who has a serious health condition, the bargaining unit member is first required to exhaust any available paid vacation leave and necessity leave (e.g., personal leave hours, family care leave). Upon exhaustion of the paid leave, any portion of the remaining twelve (12) workweeks of leave shall be unpaid. The name of the designated individual must be on file with the Human Resources Department at least six (6) months prior to utilization of such leave.
18.104.22.168 If the requested leave is due to the bargaining unit member's serious health condition, the bargaining unit member is first required to exhaust any available paid sick leave. Upon exhaustion of the paid leave, any portion of the remaining twelve (12) workweeks of leave shall be unpaid.
22.214.171.124 The taking of a FMLA leave shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced; provided, however, that nothing in this sentence shall be construed to entitle any bargaining unit member who returns from leave to the accrual of any seniority or employment benefits during the period of the leave or to any right, benefit, or position to which the member would have been entitled had the member not taken the leave.
126.96.36.199 Bargaining unit members who take a FMLA leave for the intended purpose of the leave shall be entitled, on return from the leave, to be restored by the Employer to the position of employment held by the member when the leave commenced or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
188.8.131.52 During the period of a FMLA leave, the Employer shall maintain coverage under any group health plan as defined by the FMLA for the duration of such leave and at the level and under the conditions coverage would have been provided if the member had continued in employment for the duration of the leave; provided, however, that the Employer may recover the premiums paid for maintaining coverage for the member under such group health plan during the period of a FMLA leave if the member fails to return to work for reasons other than the continuation, recovering, or onset of a serious health condition entitling the member to leave under Sections 184.108.40.206 (c) or 220.127.116.11 (d) above, or other circumstances beyond the member's control. The Employer may require certification of inability to return to work as specified and allowed by the FMLA.
18.104.22.168 An unpaid family leave of up to twelve (12) workweeks for the birth/care of a child or for the placement of a child for adoption or foster care may be taken at any time within the twelve (12) month period which starts on the date of such birth or placement of adoption or foster care. However, regardless of when the leave becomes effective, it will expire no later than the end of the twelve (12) month period. For example, a bargaining unit member who requests a leave at the start of the twelfth month (of the twelve (12) month period from the date of birth or placement) is entitled to only four (4) workweeks of unpaid leave.
22.214.171.124 Spouses,or designated individuals, both of whom are employed by the Employer are limited to a combined total of twelve (12) workweeks of unpaid leave during any twelve (12) month period for the birth/care of their child, placement of their child for adoption or foster care, or for the care of a parent with a serious health condition. However, each bargaining unit member may use up to twelve (12) workweeks of unpaid leave during any twelve (12) month period to care for her/his child or spouse or designated individual who is suffering from a serious health condition, or if the leave is necessitated by the member's own serious health condition.
126.96.36.199 An eligible bargaining unit member who foresees that he/she will require a leave for the birth/care of a child or for the placement of a child for adoption or foster care, must notify, in writing, the Director of Human Resources, or the director’s designee not less than thirty (30) calendar days in advance of the start date of the leave. If not foreseeable, the bargaining unit member must provide as much written notice as is practicable under the circumstances.
188.8.131.52 An eligible bargaining unit member who foresees the need for a leave of absence due to planned medical treatment for herself/himself, her/his spouse or designated individual, child or parent, should notify, in writing, the Director of Human Resources or the director’s designee as early as possible so that the absence can be scheduled at a time least disruptive to the Employer's operations. Such a member must also give at least thirty (30) calendar days written notice, unless impractical in which case the bargaining unit member must provide as much written notice as circumstances permit.
184.108.40.206 If the requested leave is to care for a spouse or designated individual, child, or parent who has a serious health condition, the bargaining unit member is required to file with the Employer in a timely manner a health care provider's statement that the member is needed to care for the son, daughter, spouse or designated individual, or parent and an estimate of the amount of time that the member is needed for such care.
220.127.116.11 If the requested leave is because of a serious health condition of the bargaining unit member which renders her/him unable to perform the functions of the member's position, the bargaining unit member may be required to file with the Employer the physician's or health care provider's statements as allowed by the FMLA.
18.104.22.168 Leaves taken under Sections 22.214.171.124 (a) or 126.96.36.199 (b) above shall not be taken intermittently unless the Employer and the bargaining unit member agree otherwise. Subject to the limitations and certifications allowed by the FMLA, leaves taken under Sections 188.8.131.52 (c) or 184.108.40.206 (d) above may be taken intermittently or on a reduced leave schedule when medically necessary; provided, however, that where such leave is foreseeable based upon planned medical treatment, the Employer may require the member to transfer temporarily to an available alternative position offered by the Employer for which the member is qualified and that has equivalent pay and benefits and better accommodates recurring periods of leave than the member's regular position.
220.127.116.11 A bargaining unit member on an approved leave under this Article must report to the Director of Human Resources or the director’s designee, every four (4) work weeks regarding her/his status and intent to return to work upon conclusion of the leave.
18.104.22.168 In any case in which the Employer has reason to doubt the validity of the health care provider's statement or certification for leaves taken under Sections 22.214.171.124 (c) or 126.96.36.199 (d) above, the Employer may, at its expense, require second and third opinions as specified by the FMLA to resolve the issue.
9.2.4 Educational Leave. Educational leaves of absence of up to one (1) year may be granted to employees of this unit who have at least three (3) years of seniority at Northern Michigan University. Such leaves will be unpaid and without benefits or seniority accumulation. All requests for educational leave must be presented in writing to the Director of Human Resources. Such leave will terminate at the end of one (1) year or when the employee ceases to be a student on an approved degree or certificate program at an accredited institution of higher education, whichever occurs first.
9.2.5 Union Leave. An employee elected or appointed to a position with the International Union, which necessitates a leave of absence, may request a leave of absence without pay, benefits, and seniority accumulation. Such request shall be made to the Director of Human Resources as far in advance as possible, but in no event later than thirty (30) days prior to the day such leave is to become effective. Such requests must be made in writing and must be signed by the UAW Director of Region 1D. Such leaves shall be granted by the University for a period of not more than two (2) years or the term of office, whichever may be shorter. No more than one (1) employee will be allowed to take such leave for any given period.
188.8.131.52 At least three (3) months prior to when the employee is to return from the employee's Union leave, the Union shall notify the Director of Human Resources, in writing, as to the date of the employee's return. Upon the employee's return, the employee will be placed in a vacant position. If no position is available for which the employee is qualified, the employee will have the right to displace an employee with the least seniority in the same classification as held before going on leave. The University shall have no responsibility to place any employee returning from a Union leave until ninety (90) days after receiving the above notice.
9.2.6 Political Activity Leave. Any employee with at least one (1) year of seniority who is elected to a full time public office, or who is a candidate for a full time public office, may make written application for a leave of absence without pay, benefits, and seniority accumulation for the period of the first term of active service in such elective office, or during the time preceding elections in order to campaign for such office. An extension of such a leave of absence for service in elective public office may be granted by the University upon written application by the employee.
184.108.40.206 Such request must be made no less than thirty (30) days in advance in writing to the Director of Human Resources. Exceptions may be made when it is not possible for such advance notice to be given.
9.3 General Conditions. All leaves of absence must be approved by the administrative head and cleared through the Human Resources Department. Application for extension of leaves of absence must be made prior to expiration of leave.
9.3.1 Except as provided under Section 9.2.1, the employee must contact the Human Resources Department regarding maintaining payments for hospitalization, dental, optical, life insurance, and, where applicable, supplemental life insurance during the leave period.
9.3.2 The employee will not receive pay for the holidays falling within the leave of absence.
9.3.3 The employee will not accrue annual leave while on a leave of absence.
9.3.4 Seniority of employees shall not continue during leaves of this provision.
9.4 Return to Active Employment. In order to be eligible to return to active employment, an employee returning from an illness or disability leave of absence must provide a statement from the employee's physician releasing the employee to return to work to Human Resources prior to reporting to duty.
9.4.1 The University, at its option and without cost to the employee, may require that a physician or physicians of its choosing examine the employee before returning the employee to active employment.
9.4.2 The assignment upon return from an Illness or Disability Leave, Personal Leave, Educational Leave, Mandatory Sick Leave, and Political Activity Leave will be dependent upon the jobs available within the same classification. If it is not possible to assign work to the employee immediately upon return from leaves specified in this Section, the employee will be granted an extended leave for a maximum of one (1) month, during which time the Human Resources Department will make a concerted effort to find employment for the employee. If the employee is not returned to work during this one (1) month period, the employee will have the right to displace an employee with the least seniority in the same classification, based on the ability to perform the work available. Seniority of employees shall not be credited during leaves of this provision.
9.4.3 If an employee is required to extend a leave of absence because no vacancies exist at the time the employee requests reinstatement, the employee may accept temporary employment outside the University without loss of seniority. If the employee does not return to the University when a vacancy exists, or at the end of the extended leave, the employee's employment shall be terminated.