(a) A leave of absence may be granted for up to thirty (30) calendar days in any calendar year without loss of position by the employee. When an employee returns from an approved leave of absence he/she shall return to the position in the service from which the leave was granted.
(b) A leave of absence for more than thirty (30) calendar days may be granted, but the employee granted the leave of absence for more than thirty (30) calendar days shall not be entitled to be returned to the position from which the leave was granted but shall be placed in an open position in the same class or in a class at the same salary group provided a vacancy exists, except in the case of a leave of absence for the purpose of securing a job-related educational experience, in which case the employee shall be returned to the division from which the leave was granted. In no case shall a leave of absence be granted for a period of more than one (1) year, except as otherwise provided herein.
(c) An employee who is on industrial injury leave and is participating in the City's Injury Pay Program (Section 2101.14) will be entitled to return to his/her position when determined physically able to return to work in that classification. If an employee elects to go on Worker's Compensation and not participate in the City's Injury Pay Program, the City may fill that position after thirty (30) calendar days. In such cases, this employee will be placed in the first available position, for which they are determined qualified and physically able to perform such duties, at a salary group equal to or less than their current salary group.
(d) It is the express intent that this section of the Code shall not be applied in such a manner as to cause or constitute a violation of any law or a reduction in benefits provided therein, specifically including PL103-3, known as the Family and Medical Leave Act of 1993; provided, however, that any remedy for violation of this act shall be as set forth in the act. All available sick, vacation, and compensatory time must be used before an F.M.L.A. Leave is provided.