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28.7 Employees who are unable to report for work because of arrest and ir carceration may be placed on a special personal leave of absence without pay provided that it is requested during the first three working days of the incarceration, If the employee is unable to secure bail, the leave of absence will continue until final disposition of the charges depending upon the County's operational needs. If the employee is freed on bail, a decision will be made by the employee's department head and the Human Resources Director as to whetherto allow the resumption of active employment pending disposition of the charges. They shall determine whether reinstatement would be Consistent with the Cou ty's needs and requirements. If the decision is to not allow resumption of active employment pending disposition of the charges, a "pre -suspension" hearing will be set, at which the employee will be advised of the reasons for the suspension and would have the opportunity to refute the underlying premi es for the suspension and argue for immediate reinstatement. Once anemployee has exhausted all available vacation leave, his vacant position may be posted and filled in accordance with the provisions of this agreement. If the employee is reinstated after his position is filled, he shall have the right to fill a vacant position for which he is fully qualified. If no position is available, he shall be placed in a layoff status with recall rights as outlined in Article 25, Separations. 28.8 General Provisions The following provisions apply to leave without pay status: A. An employee granted a leave of absence must keep the informed of his current activity (school, medical, military, etc.) request for extension of the leave is made. In addition, th must keep the department advised of his current address Failure to comply with these provisions shall result in the emr dropped from leave of absence status, in which case he mi duty or be discharged. department each time a z. employee it all times. loyee being ist return to B. An employee granted a leave of absence shall contact the department head at least two (2) weeks prior to the expiration of the leave in order to facilitate the reinstatement process. C. Failure to return to work at the expiration of the leave shall b considered a resignation. D. No sick leave or vacation shall be accrued by an employee while he is on leave without pay. E. An effort will be made to return the employee to the positio and status held immediately prior to his leave of absence. If the employee's former position is filled, he may be transferred to a position for which he qualifies, 38