The Guild and company reached tentative agreement on three more Articles during negotiations on April 25. The tentative agreements involve bereavement leave, leaves of absence and national emergency. Below you’ll find the language that has been tentatively agreed upon. New language is bold and underlined and language that has been eliminated is bold and italicized. Article II, dues deduction, and Article XI, job sharing, have been previously agreed to with no changes.
There will be further information about Articles discussed during negotiation sessions on Tuesday and Wednesday available shortly.
ARTICLE XIII: Bereavement Leave
1. In the case of the death of a full-time employee’s spouse, child or step-child, mother or father, living in the same residence as the employee at the time of death for whom the full-time employee is the primary caregiver or who is the legal dependent of the full-time employee, or a partner with whom a full-time employee has had a long-term relationship and who was living in the same residence as the full-time employee at the time of death, the Publisher will protect such employee against the loss of his/her basic hourly wages on his/her regular job for up to five (5) consecutive scheduled workdays lost because of such death. The scheduled workdays referred to herein are scheduled workdays lost within ten (10) working days after the date of death of the spouse, child, mother, father, step-child or partner.
2. In the case of the death of any other member of the immediate family of a full-time employee, or a person living under the same roof of the employee for whom the employee has the responsibility of being the primary caregiver, the Publisher will protect such employee against the loss of his/her basic hourly wages on his/her regular job for up to three (3) consecutive scheduled work days lost because of such death. For the purpose of this section, a member of the immediate family shall be defined as mother or father not covered in 1. above, step-mother, step-father, brother, sister, grandmother, grandfather, great-grandmother, great-grandfather, grandchild, mother-in-law or father-in-law.
3. Part-time and temporary employees who have worked for more than six (6) months shall be eligible for bereavement leave in accordance with the provisions of Article VIII (Part-time and Temporary Employees), Section 13 (e).
ARTICLE XIV: Leaves Of Absence
1. Upon request, and by mutual agreement except for provided for below, the Publisher shall grant leaves of absence without pay. Leaves shall not breaks in continuity of service, but be deducted as regards experience ratings, severance pay, vacation credits or other rights under this Agreement.
2. Employees shall be granted leaves of absence by the Publisher of up to one year without pay to accept in residence journalism fellowships or attend in residence institutions of learning in pursuit of professional improvement. Such leaves shall not constitute breaks in continuity of service, nor shall they be deducted for experience ratings or severance pay computation. However, rights to other benefits of this contract, including accrual of vacation credits, shall be suspended for the period of leave.
Employees taking such leaves under Section 2 of this Article shall agree in writing to return to the employ of the Publisher for a period of not less than two (2) years, but the Publisher may waive the provisions of this requirement. The Publisher shall have the right to limit the number of employees granted such leaves at any one time.
3. In the event an employee is elected or appointed to any office of The Newspaper Guild, or office of a local or council of The Newspaper Guild or AFL-CIO, or elected or appointed a delegate to any convention of The Newspaper Guild or AFL-CIO, he shall be given leave or leaves of absence without pay and shall be reinstated in the same position if available but regardless in the same classification upon such expiration of leave or leaves. Such leave(s) shall be granted for the term of such appointment or elected office, but not to exceed two (2) years. Such leaves shall not constitute breaks in continuity of service regarding benefits of this contract, but may be deducted in computing severance pay.
4. The Publisher shall, at a minimum, provide leaves of absence and pay the Company portion of premiums for insured benefits in accordance with the Family and Medical Leave Act (FMLA), and such amendments and regulations as, from time-to-time, may be enacted or issued. The Publisher, in administering its leaves of absence in conjunction with the provisions of FMLA, shall notify the Union of new legislation or new administrative interpretations which affect leaves of absence to be granted pursuant to this Article but, otherwise, shall be solely responsible for compliance with and application of FMLA in conjunction with the granting of leaves of absence. Leaves granted and taken under this Article for family medical or other reasons specified by FMLA shall be counted against FMLA leave requirements unless expressly provided otherwise in writing. Disputes over the Family and Medical Leave Act of 1993 and its amendments may be grieved and arbitrated in accordance with Article X (Grievance Procedure, Arbitration, No Strike - No Lockout).
5. The Publisher shall grant unpaid personal leave for maternity or paternity purposes (childbirth or adoption) for up to six (6) months, provided, however, unpaid leave time of any kind or nature for maternity or paternity purposes (including unpaid personal leave granted to effectuate an adoption) shall not exceed a total of six (6) months. Such leave shall not constitute breaks in continuity of service regarding benefits of this contract, but may be deducted as it regards experience ratings, severance pay, or vacation credits.
6. If an employee who is medically certified as able to return to work fails to return from a medical leave of absence on the scheduled date of his return, he shall be notified by certified mail, return receipt requested, that his/her failure to return to work within ten (10) working days following the date the certified letter was sent will result in his/her termination.
7. Paternity leave with pay of three (3) working days shall be granted upon request in conjunction with childbirth. Parental leave with pay of three (3) working days shall be granted to an employee upon request for purposes of adoption. If both parents are employees, only one (1) shall be granted such paid parental leave. Paid paternity and parental leave shall not constitute a break in continuity of service, or be deducted asregards experience ratings, severance pay or vacation credits Such paid parental leave shall be included in the total personal leave time permitted in Section 5 above.
ARTICLE XV: National Emergency
1. Any employee who is required by Federal Law to enter into any kind of service, military or otherwise, which takes him out of the employment of the Publisher, for the duration of such services, or who while the United States is at war voluntarily enters any armed service or who left on such service no more than four (4) years prior to the effective date of this contract shall be deemed to be on a leave of absence and shall resume his position, or a comparable one without diminution of wages immediately upon his return from such service with rights under this contract unimpaired.
The period of such absence shall be considered employment time with the Publisher in computing only severance pay and eligibility for vacations. No vacation pay is earned, however, during such period of military leave.
2. At a minimum, any full-time or part-time employee who enters the Armed Forces of the United States will receive the full protection of and the Publisher shall comply with the provisions of the Uniform Services Employment and Reemployment Act.
3. Employees leaving to serve in the armed forces as provided in Section 1 of this Article shall receive in addition to wages and accrued vacation pay due a “military leave bonus” computed as follows: two (2) weeks’ pay for continuous employment between sixty (60) days and one year; three (3) weeks’ pay for continuous employment between one year and three years; four (4) weeks’ pay for continuous employment three years or more.
4 In the event an employee becomes incapacitated during his term of service or at the termination of such service as provided in Section 1 of this Article, he shall be granted his severance pay if the Publisher, after making all reasonable effort, cannot find other and acceptable employment for that employee. In the event an employee dies while engaged in such service, the amount of severance pay or life insurance, if any, due him under Section 3 of Article XXVI (Severance Pay) shall be paid his designated beneficiary upon receipt by the Publisher of notice of his death.
5. The existing group life insurance policy shall be maintained for any employee entering such service under terms of Section 1 of this Article.
6. An employee promoted to take the place of one entering such service may, upon resumption of employment by such employee, be returned to his previous position and wage, but at no less than the then current minimum pay for such position. Any employee so promoted, and while such promotion is temporary, shall continue to receive credit for his employment in the experience rating in which he is classified. In the event of any subsequent permanent change in position, the promoted employee shall receive full credit in his experience rating in such new classification for the period in which he has already been engaged in such new employment.
7. Any employee hired as a replacement for one entering such service shall be covered by all the provisions of this Agreement except by this Military Service Article.
8. An employee hired or one promoted as a replacement for another employee entering service under terms of Section 1 of this Article shall be given written notice at the time of his employment or promotion, stating that he is a replacement employee and also stating the name of the specific employee who is being replaced. A copy of such notice shall be sent to the Guild.
9. Any employee who is a member of the National Guard, Naval Reserve, Marine Reserve or any other reserve component of the Armed Forces of the United States and who is required to enter military service for a stipulated timeeach year or foremergency duty shall be deemed to be on a leave of absence for the period of such service and his absence shall not be construed as to diminish his seniority, or continuity of service, or the accumulation of time for vacation credits or for the purpose of computing severance pay. An employee leaving for such service shall receive the difference between his regular pay and military pay for up to ten (10) days per calendar year.
10. Upon request and by mutual agreement with the Publisher any employee trained in rescue, police or relief services shall be granted leave without pay for a reasonable period of time to participate in efforts related to any natural disaster or similar events and shall resume his position or a comparable one without diminution of wages immediately upon his return from such service with rights under this contract unimpaired.
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