ARTICLE XII
Sickness, Disability, and Other Allowed Time

SECTION 1. Employees will be paid full time at their basic rates
while off duty because of sickness or accident not covered by
Workers’ Compensation Act, as follows:

CONTINUOUS SERVICE PERIOD
Less than 6 months None
6 months to 1 year 8 weeks ½ pay*
1 year to 5 years 4 weeks & 4 weeks ½ pay
5 years to 10 years 8 weeks & 4 weeks ½ pay
10 years to 15 years 12 weeks
15 years to 20 years 16 weeks
20 years to 25 years 18 weeks
Over 25 years 26 weeks plus three (3)
additional days for each year
of service in excess of 25.

*Employee will not receive this until he/she has been out after
seven (7) calendar days.

Employees will be disciplined as follows for excessive
absenteeism not covered under FML guidelines or for
hospitalization.

Hours Discipline Period Discipline
Remains

40 hours in a rolling 6 month period Oral Warning 9 months
3 additional absences or 24 hours
during the period of the oral
warning (9 months)
Written warning 12 months
3 additional absences during the
period of the written warning
(12 months)
DML 2 years
3 additional absences during the
DML period (2 years)
Termination of
employment N/A

Employees who have completed ten (10) years of continuous
service will be entitled to a single bank of ten (10) additional
weeks, in addition to the preceding schedules, for major (longterm)
illnesses. Unused portions of the bank may be used for
future major illnesses. To be eligible for this additional time,
employees who have received disciplinary action as stated
below “A” through “C” must have had such steps withdrawn for a
period equal to the period of discipline prior to the major illness.

A. The Company will monitor each employee’s attendance
record. When the record appears to warrant disciplinary
action the Company will notify the Union 8 hours before
meeting with the employee and the Chief Steward or
his/her designee. If the Company determines discipline
is warranted the step will be in effect consistent with the
Collective Bargaining Agreement.

B. The Company will continue to monitor the employee’s
record thereafter and if no improvement is made, the
Company will notify the employee and his/her steward
that a written reminder is in effect and will remain in effect
for twelve (12) months from the date of discipline.

C. The Company will continue to monitor the employee’s
record thereafter and if no improvement is made, the
Company will notify the employee and his/her steward
that a Decision Making Leave will be taken by the
employee and this disciplinary step will be in effect for
two (2) years from the date of discipline. The 1 (one) day
suspension related to the Decision making leave will be
unpaid.

If the employee fails to improve his/her absence record after
the above steps, further disciplinary action, including discharge,
may be taken by the Company.

The Union has the right to grieve the above disciplinary steps.
The supervisor must conduct at least one coaching discussion
with the employee about his/her attendance record before Step
A is implemented.

If payments are made to employees under any laws for sickness
or accident, then the difference between such payment and the
above schedule will be paid by the Company.

Employees who are notified on Monday that they will be
scheduled to work overtime on the following Saturday and who
prior to Saturday work take off for illness, those hours paid for
illness will not accumulate to reach forty (40) hours under Article
3, Section 2 to be paid at the rate of one and one-half (1½) for
the work on Saturday. They will be paid at their straight time rate
for work performed on that Saturday.

An employee who is absent from work because of an
injury/illness sustained on the job which would be compensable
under the Workers’ Compensation Law, shall receive during the
contract period, pay in addition to the compensation payments
so as to give the employee full pay but not to exceed normal
after tax take home pay for a period including any waiting time
equal to twice the period of sick leave to which the employee
would be entitled and time lost by reason of such illness/injury
shall not be charged to the employee’s sick leave.

Any employee who is on the payroll of the Company for a period
of less than six (6) months and is absent from work because of
such an illness/injury sustained on the job, shall receive pay,
in addition to any compensation payment permitted under the
Workers’ Compensation Law, so as to give employees full pay
but not to exceed normal after tax take home pay during the
period of such illness/injury, but such period shall not exceed
two (2) weeks in the contract period.

Before making any sickness or accident payment, the Company
shall have the right, providing the employee has been coached
under Positive Discipline about sick time, to require a certificate
signed by the attending physician or a Company physician and
such other evidence of disability as the Company may deem
necessary. The Company shall be required to reimburse the
employee for the cost of the co-payment. An employee who
misrepresents his/her condition or cause of same shall be
ineligible for the above benefits and may be subject to dismissal.

Five (5) working days off with pay will be given upon the
death of a member of the employee’s immediate family. The
employee’s immediate family is defined as the employee’s
father, mother, wife, husband, grandmother, grandfather,
grandchild, mother-in-law, father-in-law, step-father, stepmother,
child, step-child, brother or sister. Three (3) working
days off with pay will be given upon the death of an employee’s
aunt, uncle, sister-in-law, brother-in-law, son-in-law, daughter-inlaw,
step-brother or step-sister.

An employee called upon to be a pall bearer at the funeral of a
deceased employee shall be paid one (1) day’s pay.

SECTION 2. (a) If it is established that an injury or illness is
caused by the negligence of a third party and that third party
makes settlement with the injured employee, the Company
shall be reimbursed for all wage payments made to the
injured employee to the extent that such settlement covers the
Company’s payments made under the terms of this provision

(b) In instances where the Company has been so reimbursed,
the employee’s sick leave allowance shall be reinstated to the
extent of the reimbursement.

SECTION 3. An employee injured while gainfully employed
elsewhere shall not be entitled to sick leave allowance for such
period of incapacity.

SECTION 4. Any employee inducted into military service who
enlists because of imminent induction in any branch of the
United States Government as a result of the Selective Service
Act shall resume seniority with the Employer when discharged
from such service. He shall be paid the maximum vacation pay
for the following year, pursuant to the provisions of the Selective
Service Act.

SECTION 5. The current Corporate Policy on Earned Rest will
remain the Company’s policy during the term of the agreement.
It is the intent of the Policy to allow earned rest for employees
who, due to call-out or unscheduled overtime, have not had
eight (8) hours off work before reporting for their next regularly
scheduled shift. Such employee will receive pay for the hours
scheduled but not worked as earned rest time. Scheduled
overtime where less than twenty-four (24) hours notice has been
given will qualify for earned rest time.

The “Paid Rest” provision of the Distribution third shift
agreement dated 12/1996 shall be eliminated. Third shift
personnel shall follow the existing “Earned Rest” procedure. No
more than one “Third-shift” employee shall be on-call during the
eight hour period preceding their scheduled shift.