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Kittitas County -Local 792 January 1, 2016 -December 31, 2018 16.2 If the Employer determines that a vacancy or new position should be filled, notice shall be posted at each shop and may be publicly advertised . Employees within the bargaining unit shall have a minimum of five (5) working days in which to file an application for the posted position. 16.3 The Employer shall have the right to select the individual applicant most qualified for the position . Should two (2) or more applicants be equally qualified and able to perform the duties of the position, preference shall be given to the regular employee with the greatest seniority. 16.4 In the event that a regular employee accepts the open or new position, during which the first ninety (90) working days shall be a trial service period. The employee may elect to revert to their previously held position during the trial service period. The Employer shall make the final determination as to whether or not an employee meets the job standards of the new position. The Employer may return an employee to their previous position at any time during the trial service period if the Employer determines that said employee is not capable of meeting the job standards or properly performing the work. ARTICLE XVII-FAMILY & MEDICAL LEAVE 17.1 Under the terms of The Family and Medical Leave Act, employees may request leave without pay under the following conditions: 1. For the birth of a son or daughter, and to care for the newborn child; 2. For placement with the employee a son or daughter for adoption or foster care; 3. To care for the employee's spouse, son, daughter, or parent with a serious health condition ; and 4. Because of a serious health condition that makes the employee unable to perform the functions ofthe employee's job. 17.2 Consistent with FMLA and adopted regulations, employees are entitled to request leave without pay for up to twelve (12) weeks within a twelve (12) month period . The twelve (12) month period shall be defined as a calendar year commencing January 1. The employer will require the employee to first use and exhaust all paid leave available to the employee as part of any Family and Medical Leave. All requests for leave and any other notices regarding FMLA shall be in writing, and at least thirty (30) days in advance, unless emergency or unforeseen circumstances exist, then as soon as practicable. This section shall be consistent with the FMLA and adopted regulations, and is not intended to expand upon the rights set forth in said Act or regulations . ARTICLE XVIII -M ILI TARY LEAVE/JURY DUlYfLEAVE OF ABSENCE 18.1 Every employee covered by this agreement who is a member ofthe Washington National Guard 15