AVSTA CSEA-CONTRACT-April 12, 2023

13. 4.2 If additional leave time is needed after the time estimated by the health care provider in Section 13.4.1 expires, the employee shall provide recertification in the same manner specified in Section 13.4.1 above.

13. 4.3 As a condition of the employee's return to work, the employee must provide acceptable medical certification of the ability to resume the duties and responsibilities of the employee's position.

13. 5 If the Agency doubts the validity of the certification provided pursuant to provisions 13.3.1, 13.4.1 and 13.4.3, the Agency may require, at the Agency expense, that the employee obtain the opinion of a second health care provider, designated or approved by the Agency, concerning any information certified under provisions 13.3.1, 13.4.1 and 13.4.3.

13. 5.1 The health care provider designated by the Agency shall not be employed on a regular basis by the Agency.

13. 5.2 If the second opinion differs from the opinion in the original certification, the Agency may require, at the Agency's expense, that the employee obtain the opinion of a third health care provider, designated or approved jointly by the Agency and the employee. The opinion of the third health care provider shall be final and binding on the Agency and employee.

13. 6

Only when it is medically necessary, leave under this Article may be taken intermittently.

13. 7 When the leave under this Article is for "child rearing" connected with the birth, adoption or placement of a child in foster care and both parents of the child are employed by the Agency, the Agency shall not be required to grant Family Care and Medical Leave totaling more than a cumulative total of twelve (12) work weeks in a 12-month period for both parents. 13. 8 During the period of leave taken pursuant to this Article, the employee must concurrently use any accrued vacation leave, other accrued time off, or any other available paid leave. If the employee takes a leave because of his/her own serious health condition, the employee must concurrently use any accrued sick leave during the period of the leave. However, an employee shall not use sick leave in connection with a birth, adoption or foster care, or to care for a child, parent or spouse with a serious health condition, unless mutually agreed to by the Agency and the employee. Leave taken pursuant to this Article shall run concurrently with leave taken pursuant to the federal Family and Medical Leave Act of 1993, and the California Family Care and Medical Leave provisions. 13. 9 If an employee's need for leave under this Article is foreseeable, reasonable advance notice shall be given. Where the need for leave is known more than thirty (30) days before the leave is to begin, the employee shall provide written notice to the Agency at least thirty (30) days prior to the commencement of the leave. Where the need for leave becomes known less than thirty (30) days before the leave is to begin, the employee shall provide the Agency with as much advance notice as reasonably possible, however under no circumstances, except for cases of medical emergency or unforeseen circumstance, will a request for leave be made less than five (5) working days in advance of the requested leave. Failure to provide at least five (5) calendar days advance written notice entitles the Agency to deny the request solely on the grounds of insufficient notice. 13. 9.1 When leave is needed for a planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision to avoid disruption of Agency operations. This scheduling shall be subject to the health care provider's approval.

13.10 The Agency shall maintain the employee's health and welfare programs for the duration of any Family Care and Medical Leave up to a maximum of twelve (12) work weeks.

13.10.1 The Agency is entitled to recover its contribution to the employee's health coverage if the employee fails to return from leave for reasons other than the continuation, recurrence, or onset of a serious health condition that otherwise entitles the employee to take leave under this Article or for other circumstances beyond the employee's control.

13.11 At the conclusion of leave taken under this Article, the employee shall be returned to the same position

38