Section 393.35. Leave of absence, generally.

Rule 35.  (1)  This rule applies to all leaves of absence.

(2)     To take a leave of absence, an operator shall first apply in writing to the administrator for the leave of absence. The leave of absence request shall include the reason(s) the request is being made. The administrator shall approve or deny the request in writing, identifying the applicable rule and subrule(s) for granting or denying the leave of absence.

(3)     If a licensee is to be absent from his or her vending facility for more than 14 days but less than 30 days (short-term absence), then he or she shall leave a message at his or her promotional agent's office to request an absence. A vending facility shall be operated in accordance with the hours of operation identified in the vending facility agreement. Operator absence from a vending facility does not justify closure of the facility. A vending facility shall be reserved for the same licensee upon the licensee's return from an approved short-term absence only.

(4)     If a licensee is to be absent from his or her vending facility for 30 days or more, then he or she shall do all of the following, as applicable:

(a)     Notify his or her promotional agent by telephone and in writing.

(b)      Give his or her promotional agent a written plan by which his or her vending facility is to be operated and maintained pursuant to program rules and regulations during his or her absence.

(c)     If an absence is due to illness or injury, then the licensee shall provide his or her promotional agent with a physician's statement. If absence extends beyond the time stated in the initial physician's statement, then the promotional agent shall request further updates, as needed.   The initial physician's statement and subsequent statement shall be

treated in a confidential manner.  The commission may request a second opinion at its own expense.

(d)     A licensee shall not be absent from his or her vending facility for more than 60 consecutive calendar days during 1 calendar  year,  unless otherwise stated in these rules.

(5)     A licensee's seniority is frozen at the beginning of the leave of absence.

(6)     A vending facility vacated by a licensee who takes a long-term leave of absence shall not be reserved for the same licensee upon return from the absence.

(7)        A licensee who takes a leave of absence shall be responsible for obtaining information regarding his or her retirement status and benefits. The commission is not responsible for obtaining the information.

History: 2004 AACS.