In recent months, we have seen a higher-than-normal prevalence of members who do not return from medical leave upon the expiration date.  As a result, we would like to bring awareness to the contractual requirements, as well as update members on the current handling on the BNSF.

Rule 36 is quite explicit on this issue where it states, “an employee failing to report for duty on or before the expiration of a leave of absence will lose all seniority rights unless an extension has been granted.”

The BNSF's established policy is to authorize leaves, generally in 60-day increments, and not extend such leaves unless it receives a completed medical status form prior to the expiration date.  Due, in part, to disputes in recent years over the matter, BNSF now offers a one-time exception wherein it sends a letter to an employee whose leave is expiring.  The letter stipulates that the employee will have 10 additional days to either return to duty or provide the proper medical form to warrant further extension.  If the employee then fails to report for duty on or before the date in the letter, he/she has effectively resigned.  The importance of ensuring the medical form is received by the Carrier before your leave expires cannot be emphasized enough.  

While the additional one-time reminder letter does provide a last chance to those who would otherwise have forfeited all seniority rights, do not wait for that warning letter.  The exception is only given one time per employee, regardless of the number of leaves you take.  Make sure to either return from leave at the designated time or send a completed status form and extension request to leavesadmin@bnsf.com prior to your leave expiring.