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 shall return to the position in the service from which the leave was granted.
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 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 Department from which the leave was granted. The exceptions to this provision are as follows: the employee who is on an industrial injury leave and in the City program using the program physician will be entitled to return to work in his classification; and the employee who is on a leave pursuant to the Family and Medical Leave Act of 1993 will be entitled to return as provided therein. If an employee elects to go on workers' compensation pursuant to Section 2109.59, the City may fill that position after thirty (30) calendar days.
It is the parties express intent that this chapter of the code shall not be applied or interpreted in such a manner as to cause or constitute a violation of any law, specifically including PL-103-3 known as the Family and Medical Leave Act of 1993. Any remedy for violation of this act shall be set forth in the act.
In no case shall a leave of absence be granted for a period of more than one (1) year, except as otherwise provided herein.