Employee Leaves
Certificated
The Benefits provided unit members by Sections 44800 and 44801, and 44962 through 44985 of the Education Code are incorporated into this Agreement except as supplemented in this Article.
8.1 Sick Leaves
8.1.1 The Board shall provide for a compensated leave of absence from duty for any unit member who is compelled to be absent from duty because of accident, illness or quarantine.
8.1.2 Members of the unit employed for one hundred eighty-five (185) to one hundred ninety-four (194) days shall be entitled to ten (10) days sick leave annually. Members of the unit employed one hundred ninety-five (195) to two hundred nine (209) days annually shall be entitled to eleven (11) days sick leave annually. Member of the unit employed for two hundred ten (210) or more days annually shall be entitled to twelve (12) days of sick leave annually. A sick leave day shall be consistent with the unit member's normal work day. Unit members employed less than one hundred eighty-five (185) days annually will be granted sick leave on a pro rata basis.
8.1.3 Members of the unit shall be entitled to one (1) sick leave day per school year for use during summer school. Such entitlement shall not accumulate from year to year. Such sick leave day shall be compensated at the summer school daily rate of pay.
8.1.4 Should a member of the unit be transferred from a day of less than maximum time to one of greater (or maximum) time, said unit member's accumulated sick leave days shall be increased in direct proportion to the ratio of time previously worked per day to time presently worked per day.
8.1.5 Extended Sick Leave.
Any member of the unit who is absent from duty on account of illness or accident for more than his accumulated sick leave entitlement and for up to one hundred (100) days total shall receive the difference between his regular salary and that actually paid or that
which would have been paid to a substitute or fifty (50%) percent of salary due the unit member during absence, whichever is greater.
- Members of the unit absent five (5) or more consecutive days may be required to submit a physician's statement or that of a person authorized by any well-recognized church or denomination to treat people, stating the reason for absence. The District need not assume that a unit member's statement establishes disability conclusively, but may require an examination by a physician selected by the District or a practitioner of the unit member's faith selected by the District. The cost of such examination shall be borne by the District.
8.1.7 A sick leave absence shall commence when the member of the unit or agent of the member of the unit calls in to report the absence. A sick leave day once commenced may not be reinstated as a working day without approval of the Assistant Superintendent of Administrative Services or his designee.
8.1.8 Whatever the claim of disability, no day of absence shall be considered a sick leave day on which members of the unit have engaged in a concerted work stoppage, unless the unit member was legitimately absent the preceding day and provides medical certification confirming illness or disability.
8.1.9 The records of this District shall show the attendance of each member of the unit, and such days as that unit member may be absent for reason of illness, accident or other cause. A record shall be maintained of the unused sick leave accumulated from year to year for each unit member.
8.2 Industrial Accident and Illness Leave
8.2.1 A unit member, upon the first day of service, shall be entitled to an industrial accident or industrial illness leave of absence not to exceed seventy (70) days in any one (1) fiscal year for the same accident.
8.2.2 An industrial accident or illness leave shall commence on the first day of absence and shall be reduced by one (1) day for each day of authorized absence. When such leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused leave due for the same illness or injury.
8.2.3 A unit member absent from duties as a result of an industrial accident or illness shall be paid such portion of the salary due him for any month in which the absence occurs that when added to his temporary disability will result in a payment to him of not more than his full salary. During any paid leave of absence the unit member shall endorse to the District the State's temporary disability indemnity checks received on account of his industrial accident or illness. The District, in turn, shall issue the unit members' salary and shall deduct normal retirement and other authorized contributions.
8.2.4 Upon retirement of the industrial accident or illness leave, a unit member shall be entitled to the sick leave benefits provided and for the purpose of this section his absence shall be deemed to have commenced on that date of termination of the industrial accident leave. Provided the unit member continues to receive temporary disability indemnity, he is entitled to take only as much of his accumulated sick leave, which when added to his temporary disability indemnity, will result in payment to him of not more than his full salary.
8.2.5 A unit member receiving the benefits of such leave shall, during periods of injury or illness, remain within the State of California unless otherwise authorized by the Board.
8.2.6 Allowable industrial accident and illness leave shall not be accumulated from year to year.
8.2.7 When a dispute arises regarding an industrial accident or illness, no leave shall be granted until a determination has been made regarding the case by the State Compensation Office or the Appeals Board. While this dispute is pending, sick leave benefits as prescribed in this Agreement shall be provided by the District.
8.2.8 A unit member report of industrial injury or illness must be on file in the District Office.
8.2.9 A copy of the report by the District to the insurance company regarding a unit member's claimed industrial accident or illness shall be maintained on file in the District's Personnel Office.
8.3 Bereavement Leave
8.3.1 Every member of the unit is entitled to a leave of absence, not to exceed three (3) days, or five (5) days if out-of-state travel or more than three hundred fifty (350) miles of in-state travel (one way) is required, on account of the death of any member of the immediate family. No deduction shall be made from the salary of such unit member nor shall leave be deducted from leave granted by other sections of this Agreement. This leave may be extended by use of personal necessity leave.
8.3.2 Members of the immediate family, as used in this section, mean mother, father, grandmother, grandfather, or grandchild of the unit member or of the spouse of the unit member, and the spouse, son, son-in-law, daughter, daughter-in-law, brother, or sister of the unit member, or any relative living in the immediate household of the unit member.
8.4 Personal Necessity Leave
8.4.1 The Board shall provide for a unit member's absence or personal necessity while charging such absence to accumulated sick leave benefits.
8.4.2 Subject to this Agreement, the Board reserves the right to specify the manner of proof of personal necessity, the type of situations in which such leave will be permitted and the total number of sick leave days which may be used in any school year for personal necessity leave.
8.4.3 Each unit member shall be entitled to use all paid sick leave accumulated under Section 8.1.2 for purposes of personal necessity.
8.4.4 When possible, requests for personal necessity leave shall be made at least three (3) days in advance to the Principal and forwarded to the Superintendent, who reserves the right to verify such request by any appropriate means. No more than ten (10%) percent of the total number of members of the unit shall be permitted to take personal necessity leave on any particular duty day.
8.4.5 Advance permission is not required in the following situation:
A. Death or serious illness of a member of the unit member's immediate
family. (As defined under Section 8.3.2 herein.)
B. Accident involving the person or property of the unit member, or the
person or property of the unit member's immediate family.
8.4.6 "Personal necessity" shall be strictly limited to its common and ordinary meaning, to wit: circumstances which are truly unavoidable, beyond the control of the unit member and in the nature of compulsion. Leave for personal convenience, civic or non-emergency reasons or circumstances created by the choice of the unit member does not constitute personal necessity leave.
- A unit member may use up to 3 days of personal necessity leave per school year for any purpose that a unit members deems sufficiently important to absent themselves from their duties. The use of these days are subject to 8.4.4 and 8.4.5.
- A unit member may use up to 5 days of personal necessity leave for the purpose of any unit member's single adoption during the school year. If applicable, these days are to be used concurrent with the family leave act.
- Personal necessity leave shall not be used for the following with the exception of article 8.4.6.1
A. Extension of a school holiday or vacation
B. Extension of an approved vacation
C. Social event (wedding of self or family member, reunion, etc.)
- Convention related to unit member's vocation or religion.
8.5 Maternity Leave
8.5.1 The Board shall provide leaves of absence for any unit member of the District whose absence is required by pregnancy, miscarriage, childbirth, or recovery therefrom.
8.5.2 Notice
A unit member whose pregnancy has been verified shall report her condition to her supervisor at least (90) days prior to the expected date of delivery and indicate her plans if she intends to request a leave of absence other than that of temporary disability (sick leave) due to pregnancy, miscarriage, childbirth or recovery therefrom.
8.5.3 Certification of Fitness
A pregnant unit member shall present to her supervisor a written statement by her physician (or the practitioner of a well-recognized church or denomination) of her physical capacity to perform the duties of her position at the time she notifies the Board of her pregnancy and before she resumes her duties following the termination of pregnancy. When, notwithstanding such certification of fitness, the performance of a pregnant unit member has substantially declined from the performance demonstrated by said unit member at the time immediately prior to the time when notification was given of the state of pregnancy, or when the unit member has been absent five (5) consecutive days, the unit member may be required to submit a physician's statement or statement of a practitioner of a well-recognized church or denomination that she is physically fit to perform the duties assigned to her. The District need not assume that a unit member's statement of her physician's or practitioner's statement establishes physical capacity conclusively, but may require a review and examination by a physician selected by the District or practitioner of the employee's church or denomination selected by the District. The expense for such review examination shall be borne by the District.
8.5.4 Temporary Disability Leave (Sick Leave)
A pregnant unit member shall be granted temporary disability leave of absence for disabilities associated with pregnancy, miscarriage, childbirth or recovery therefrom on the same basis as leave granted for any illness or injury.
The unit member and her physician or practitioner shall determine as far in advance of the anticipated date of childbirth as is feasible the date which her pregnancy will disable her from the performance of her duties, and report that date to her supervisor, in order that substitute services may be arranged and the educational program suffer the least interruption. Similarly, the unit member and physician or practitioner shall determine and report the date on which she is likely to be physically capable of returning to her duties following the termination of her pregnancy. In either case, the Board may verify the claim of the unit member that she is disabled from the performance of her duties or incapable of returning to her duties in accordance with the procedures contained in Section 8.5.3 herein.
8.5.5 Extended Leaves of Absence
A unit member who wishes to be absent from her position before she is disabled by pregnancy, miscarriage, childbirth, or recovery therefrom, or beyond the termination of such disability, or both, may request such leave of absence in accordance with the provisions of this Agreement applicable to uncompensated leave. Such leave shall be unpaid.
8.5.6 The District shall not refuse to do any of the following because of a unit member's pregnancy:
A. Hire or employ
B. Select her for a training program leading to employment, reassignment, or promotion.
8.5.7 In cases where unit member has been granted extended leave of absence for maternity for the entire school year, health benefits shall be extended through delivery but not later than September 1 of the year in which the leave is granted.
8.6 Long-Term Uncompensated Leaves
8.6.1 The Board may consider on an individual basis, a request by a unit member for an uncompensated leave of absence.
8.6.2 Purpose
Uncompensated leave shall be granted, upon request, for one (1) school year for child-rearing. Uncompensated leave may be granted for up to one (1) year for the following purposes:
A. Study
B. Travel
C. Work
D. Other reasons acceptable to the Board
8.6.3 Eligibility
A unit member shall have completed at least one (1) year of service with the District to be considered for an uncompensated leave.
8.6.4 Application
Application for an uncompensated leave shall be made to the Superintendent at least four (4) weeks in advance of desired beginning date. Special consideration will be given emergencies.
8.6.5 Period of Leave
A unit member may apply to the Board for an extension of an uncompensated leave so long as the period of the leave and any extension thereto does not exceed the period of time in which the unit member has rendered service in probationary or permanent status.
8.6.6 Commitment of Unit Member
A unit member granted an uncompensated leave shall inform the Board no later than March 1 prior to the year of return.
8.6.7 Commitment of Employer
At the expiration of the uncompensated leave, the unit member shall be offered a like position to that previously held. Course credit obtained during uncompensated leave may be applied toward credit on the salary schedule. While on uncompensated leave, a unit member shall be entitled to insurance benefits provided to employees of the like status, if he pays the premiums therefore and he is eligible under the terms of the insurance carrier.
8.6.8 The Board is not required by this Section to grant requests for uncompensated leave. However, should the Board grant an uncompensated leave to a particular unit member, such action shall not obligate the Board to grant a subsequent request for uncompensated leave submitted by any other unit member.
8.7 Care Giver Catastrophic Illness Bank
8.7.1 The District shall establish a care giver catastrophic illness leave bank to which eligible unit members may donate earned and unused sick leave. This donation shall be irrevocable and shall be accomplished by the unit member completing a written form entitled "Care Giver Catastrophic Illness Leave Bank Donation Form." The form shall clearly state that the sick leave days being donated are irrevocably given to the care giver catastrophic leave bank, and cannot be rescinded for any reason whatsoever. A donation to the catastrophic bank shall be a general donation, and shall not be donated to a specific employee for his or her exclusive use.
8.7.2 The District shall establish a "Care Giver Catastrophic Illness Committee" to oversee the administration of the care giver catastrophic illness leave bank. This committee will consist of one TOE unit member, one district management team member, and one member of the Board of Trustees. Each member of the committee has one vote and all decisions must be unanimous. Members of this committee will be identified by July 1 of each year and will serve for a minimum term of one year.
8.7.3 "Care Giver Catastrophic Illness" is defined to mean a terminal illness, mental incapacitation, or a long term physical illness of a unit members spouse, child, or legal dependents, as approved by a unanimous vote of the "Care Giver Catastrophic Illness Committee."
8.7.4 Qualifications to Make Donations:
A unit member must meet the following qualifications in order to make an irrevocable donation to the catastrophic illness leave bank.
(a) The unit member must be a tenured certificated employee of the District.
8.7.5 Amount of Donation
(a) An eligible unit member must donate a minimum of one day of sick leave to the bank and may donate no more than one day per year.
- The maximum number of days that the care giver catastrophic illness bank can contain at any one time is equal to the number of tenured certificated employees that are eligible to contribute. However, no tenure employee shall be denied the right to join.
8.7.6 Qualifications of Recipient:
(a) Any tenured certificated unit member whose spouse, child, or legal dependent has suffered a catastrophic illness as defined and determined by Section 8.7.3 is eligible to apply for use of sick leave days in the care giver catastrophic illness leave bank, provided that unit member has donated to the sick leave bank, in accordance with the requirements of Section 8.7.5.
(b) The maximum number of days to be utilized by one unit member for a single catastrophic illness to a spouse, child, or legal dependent shall not exceed 25% of the total available leave bank.
(c) A unit member may appeal in writing to the "Care Giver Catastrophic Illness Committee" for an additional 25% of the total available leave bank days. The decision of the committee concern a written request will be final.
(d) Any unit member requesting use of sick leave days in the care giver catastrophic illness bank must provide the District with written verification of the catastrophic illness suffered by their spouse, child, or legal dependent. Such verification must be prepared in writing by a licensed physician of the State of California. The District may require the spouse, child, or legal dependent stricken by the catastrophic illness to undergo an examination by a physician selected by the District, at the District's expense, to verify the injury or illness, the degree of disability, and the anticipated length of disability.
(e) The "Care Giver Catastrophic Illness Committee" will examine all request and documentation for request to use the care giver catastrophic illness bank and shall then determine the unit members eligibility according to this section. The decision of the committee shall be final and is not subject to the grievance procedure.
8.7.7 Procedure
(a) Annual solicitation by TOE. Contributions for the care giver catastrophic illness leave bank shall be solicited by TOE during the month of September each school year. The district shall prepare all forms, which are to be used by TOE for purposes of solicitation. The Payroll Office of the District must receive all donation forms no later than the last working day in September of each school year.
- All requests for use of accumulated sick leave days in the care giver catastrophic illness bank shall be presented in writing to the District's Administrative Services Office. The District shall provide the unit member with a copy of this side letter of agreement provision. It shall be the responsibility of the unit member to satisfy all conditions of eligibility.
- The District Administrative Services Office will submit the request for use of accumulated sick leave days in the care giver catastrophic illness bank to the care giver catastrophic illness committee.
8.8 Jury Duty and Judicial Appearances
Members of the unit shall be entitled to leave without loss of pay to appear in court as a witness, pursuant to a lawful order of the court other than as a litigant, or to respond to an official order from an authorized governmental agency, or to serve as a juror. Any jury fees or witness fees received by the unit member shall be remitted to the District.
8.9 Personal Leave
A unit member shall be entitled to one (1) day of paid leave per school year to be used for any purpose which such unit member deems sufficiently important to absent himself from his duties. A unit member shall notify his Principal at least twenty-four (24) hours in advance of taking such leave, unless an emergency makes such advance notification impossible. No more than ten (10%) percent of the total number of members of the unit shall be permitted to take personal leave on any particular duty day.
8.10 Legislative Leave
A unit member who is elected to the State Legislature or U.S. Congress shall be entitled to an unpaid leave of absence for the length of his term or terms in office. The unit member on such leave shall notify the Board of his intended return at least four (4) weeks in advance.
8.11 Long Term Health Leave
The Board shall grant a member of the unit, upon request, an unpaid leave for health reasons. Such leave shall be for a maximum of one school year.
A. A statement by the unit member's physician to the effect that the unit member is in medical need shall be furnished at the Board's request.
B. The unit member shall notify the Board of his intended return date at least four (4) weeks in advance.
C. Health leave shall be granted if a unit member is unable to perform his duties because of illness, accident or quarantine.
8.12 In-service Leave
A unit member may request up to three (3) days of paid leave each school year for the purpose of improving his performance. Such leave may be used to visit classes in other schools. The District shall, upon recommendation of the Association, grant leave for one Association designated person per plant to attend the annual Good Teaching Conference. The Superintendent may grant reimbursement for actual and necessary expenses related to said conference attendants.
8.13 Association President's Leave
TOE president or designee shall be granted up to five days release time to attend CTA Presidents' Conference or to attend to other Association business.Classified
7.1 Sick Leave
7.1.1 The Board shall provide for a compensated leave of absence from duty to any classified employee who is compelled to be absent from duty because of accident, illness or quarantine.
7.1.2 Unit members employed five (5) days per week for the full school year are entitled to twelve (12) days sick leave each school year commencing on the first day of employment. Classified employees employed for the full school year for less than five (5) days per week are entitled to twelve (12) days divided by five (5) days and multiplied by the number of days work per week each school year.
7.1.3 Unit members who work five (5) days per week for the full school year but for less than a maximum day are entitled to twelve (12) days sick leave each school year of the same length regularly worked. Should a classified employee be transferred from a day of less than maximum time to one (1) of greater (or of maximum) time, said employee's accumulated sick leave days shall be adjusted in direct proportion to the ratio of time previously worked per day to time presently worked per day.
7.1.4 Unit members hired for less than a full school year (i.e., ten [10] months) shall earn sick leave in direct proportion to that earned by a person employed a full year in the same position. However, a new employee of the District shall not be eligible to take more than six (6) days, or the proportionate amount to which he may be entitled under this Section until the first (1st) day of the calendar month after completion of six (6) months of active service with the District.
7.1.5 Any unit member who is absent from duty on account of illness or accident for more than his sick leave entitlement and for up to one hundred (100) days total shall receive the difference between his regular salary and that actually paid or that which would have been paid to a substitute or fifty percent (50%) of the employee's regular daily salary, which ever is greater. Any classified employee who is absent from duty on account of illness or for a cause other than illness for more than one hundred (100) days shall receive no pay for such period.
7.1.6 Unit members requesting sick leave benefits may be required, after three (3) or more days of absence to submit a physician's statement or that of a person authorized by a well-recognized religious sect, denomination or organization to treat people stating the reason for absence and date of illness. In lieu of the physician's statement the District may, but need not, permit the employee to submit a sworn statement certifying the nature and length of the illness. The District need not assume that an employee's statement establishes disability conclusively, but may require a review and examination by a physician selected by the District or a practitioner of the employee's faith selected by the District. Such examination and review is at the District's expense.
7.1.7 A sick leave absence shall commence when the employee or agent of the employee calls in to report the absence. A sick leave day once commenced may not be reinstated as a working day without prior approval of the immediate supervisor.
7.1.8 Whatever the claim of disability, no day of absence shall be considered a sick leave day on which any employee of the District has engaged in a concerted work stoppage, slow-down or sick-out. A record shall be maintained of the unused sick leave days accumulated by each employee and said unused days shall be reported to the employee each school year. Verified fraudulent use of sick leave shall be considered a serious infraction of Board policy and this Agreement. Verified fraudulent use of sick leave shall be considered grounds for discipline including possible dismissal from employment.
7.2 Leaves of Absence for Industrial Accident and Illness
7.2.1 Industrial accident or illness leave of absence of up to sixty (60) duty days shall be granted to a member of the unit after service of twelve (12) months in the District.
7.2.2 Allowable leave shall not be accumulated from year to year.
7.2.3 Industrial accident or illness leave will commence on the first day of absence.
7.2.4 Payment of wages lost on any day shall not, when added to an award granted to the unit member under worker's compensation laws for the State, exceed the normal wage for the day.
7.2.5 Industrial accident leave will be reduced by one (1) day for each day of authorized absence regardless of a compensation award made pursuant to worker's compensation proceedings.
7.2.6 When an industrial accident or illness occurs at a time when the full sixty (60) duty days will overlap into the next school year, the unit member shall be entitled to only that amount of leave remaining at the end of the school year in which the injury occurred.
7.2.7 During all paid leaves of absence, members of the unit may endorse to the District the temporary disability indemnity received on account of the member's industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary and shall deduct normal retirement, or authorized contributions, and the temporary disability indemnity, if any, actually paid to and retained by the unit member for periods covered by such salary warrants.
7.3 Bereavement Leave
7.3.1 Every member of the unit is entitled to a leave of absence, not to exceed three (3) duty days, or five (5) duty days if the unit member is required to travel to a destination more than three hundred and fifty (350) miles from the employee's residence (one-way) on account of the death of any member of the immediate family. No deduction shall be made from the salary of such employee nor shall leave be deducted from leave granted by other sections of this Agreement.
7.3.2 Members of the immediate family, as used in this section means the mother, father, sister, brother, grandmother, grandfather, child, grandchild and foster parent of the employee or of the spouse of the employee; and the spouse, daughter-in-law, son-in-law, of the employee, or any relative living in the immediate household of the employee.
7.3.3 In cases involving the death of an individual who has participated in a longstanding personal relationship with the employee, and resides in the same household as the employee, the employee may utilize available days of personal necessity leave for purposes of bereavement.
7.4 Personal Necessity Leave
7.4.1 The Board shall provide for a classified employee's absence for personal necessity while charging such absence to accumulated sick leave benefits.
7.4.2 The Board reserves the right to specify the manner of proof of personal necessity and the type of situations in which such leave will be permitted.
7.4.3 The total number of days used for personal necessity leave in any school year may not exceed eight (8) days.
7.4.4 When possible, requests for personal necessity leave shall be made at least three (3) days in advance to the Principal or supervisor and forwarded to the Superintendent, who reserves the right to verify such request by any appropriate means.
7.4.5 Advance permission is not required in the following situations:
7.4.5.1 Death or serious illness of a member of the classified employee's immediate family (as defined under Section 7.3.2 herein).
7.4.6 "Personal Necessity" shall be strictly limited to its common and ordinary meaning, to wit: circumstances which are truly unavoidable, beyond the control of the classified employee and in the nature of compulsion. Leave for personal convenience, civic or non-emergency reasons or circumstances created by the choice of the classified employee does not constitute Personal Necessity Leave.
7.4.7 In no case shall Personal Necessity Leave be used for:
7.4.7.1 Extension of a school holiday or vacation;
7.4.7.2 Extension of an approved vacation;
7.4.7.3 Personal vacation when not provided under the terms of employment;
7.4.7.4 Social event (wedding of self or family member, reunion, etc.);
7.4.7.5 Convention related to employee's avocation or religion.
7.5 Maternity Leave
7.5.1 The Board shall provide leaves of absence for any female classified employee of the District whose absence is required by pregnancy, miscarriage, childbirth or recovery therefrom. Such absence may be requested and granted only in accordance with the provision of this Agreement applicable to sick leave and uncompensated leaves.
7.5.2 Notice
A classified employee whose pregnancy has been verified shall report her condition to her supervisor as soon thereafter as known and indicate her plans if she intends to request a leave of absence other than that of temporary disability (sick leave) due to pregnancy, miscarriage, childbirth or recovery therefrom.
7.5.3 Certification of Fitness
A pregnant classified employee shall present to her supervisor a written statement by her physician or the practitioner of a well-recognized church or denomination or her physical capacity to perform the duties of her position at the time she notifies the Board of her pregnancy and before she resumes her duties following the termination of pregnancy. When, notwithstanding such certification of fitness, the performance of a pregnant classified employee has substantially declined from the performance demonstrated by said employee at the time immediately prior to the time when notification was given of the state of pregnancy, when the employee has been absent more than three (3) consecutive days, the employee may then be required to submit a physician's statement or statement of a practitioner of a well-recognized church or denomination that she is physically fit to perform the duties assigned to her. The District need not assume that an employee's statement of her physician's or practitioner's statement established physical capacity conclusively, but may require a review and examination by a physician selected by the District or a practitioner of the employee's church or denomination selected by the District. The cost of such reexamination, minus medical insurance reimbursement, shall be borne by the District. Refusal to submit certification of fitness as required by this provision shall be considered by the Board as grounds for dismissal.
7.5.4 Temporary Disability Leave (Sick Leave)
A pregnant classified employee shall be granted temporary disability leave of absence for disabilities associated with pregnancy, miscarriage, childbirth or recovery therefrom on the same basis as leave is granted for any illness or injury. The classified employee and her physician or practitioner shall determine as far in advance of the anticipated date of childbirth as is feasible, the date on which her pregnancy will disable her from the performance of her duties and report that date to her supervisor, in order that substitute services may be arranged. Similarly, the classified employee and her physician or practitioner shall determine and report the date on which she is likely to be physically capable of returning to her duties following the termination of her pregnancy. In either case the Board may verify the claim of the employee that she is disabled from the performance of her duties or capable of returning to her duties in accordance with the procedure contained in Section 7.5.3 herein.
7.6 Uncompensated Leaves
7.6.1 The Board will consider on an individual basis, a request by a classified employee for an uncompensated leave of absence.
7.6.2 Purpose
Uncompensated leave may be granted for the following purposes:
7.6.2.1 Study
7.6.2.2 Travel
7.6.2.3 Work
7.6.2.4 Health
7.6.2.5 Child-Rearing
7.6.2.6 Extreme illness of a family member
7.6.2.7 Personal hardship
7.6.3 Eligibility
Uncompensated leave may be granted to permanent classified employees only. An employee shall have completed at least one (1) year of service with the District to be considered for uncompensated leave.
7.6.4 Application
Whenever possible, requests for uncompensated leave shall be made to the Superintendent at least four (4) weeks in advance of the desired date.
7.6.5 Period of Leave
An uncompensated leave may be granted for a period up to one (1) year. A unit member may reapply at the end of the first year.
7.6.6 Commitment of Classified Employees
The classified employee granted an uncompensated leave shall inform the Board at least ninety (90) days prior to the scheduled return date as to his/her intentions. If said notification is not received, proper action shall be taken to terminate employment.
7.6.7 Commitment of Employer
At the expiration of the uncompensated leave, the classified employee shall be offered a position within the class to which he/she was previously assigned. While on uncompensated leave, an employee shall be entitled to insurance benefits provided to employees of the like status, if he/she pays the premiums therefore and he/she is eligible under the terms of the insurance carrier.
7.6.8 The Board is not required by this Section to grant a request for uncompensated leave. Should the board grant an uncompensated leave to a particular classified employee, such action shall not obligate the Board to grant a subsequent request for uncompensated leave submitted by any other classified employee.
7.7 Jury Duty and Judicial Appearances
Members of the unit shall be entitled to leave without loss of pay to appear in court as a witness, pursuant to a lawful order of the court, other than as a litigant, or to respond to an official order from an authorized governmental agency, or to serve as a juror. Any jury fees or witness fees received by the unit member shall be remitted to the District (excludes mileage and parking fees).
7.8 Military Leave
A unit member shall be entitled to any military leave required by law and shall retain all rights and privileges granted by or arising out of the exercise of military leave.
7.9 Personal Leave
A unit member shall be entitled to one (1) day of paid leave per school year to be used for any purpose which that unit member deems sufficiently important to absent himself/herself from his/her duties. The unit member shall notify his/her principal or immediate supervisor at least forty-eight (48) hours in advance of taking such leave. No more than twenty percent (20%) of the total number of members of the unit at any work site shall be permitted to take personal leave on any particular duty day. Personal leave day shall not be granted to any unit member who either individually or collectively participates in any concerted activity against the District arising from an employer relations dispute.
7.10 Paternity Leave
A unit member may utilize available personal necessity leave for purposes of attending the childbirth of the unit member's child or assisting the mother of his child in the recovery period immediately following childbirth.
7.11 Donation of Sick Leave for Catastrophic Illness
7.11.1 Sick Leave Bank
The District shall establish a catastrophic illness sick leave bank to which eligible unit members may donate earned and unused sick leave. This donation shall be irrevocable and shall be accomplished by the unit member completing a written form entitled "Catastrophic Illness Sick Leave Bank Donation Form." The form shall clearly state that the sick leave days being donated are irrevocably given to the catastrophic illness leave bank, and cannot be rescinded for any reason whatsoever. A donation to the catastrophic illness leave bank shall be a general donation, and shall not be donated to a specific employee for his or her exclusive use.
7.11.2 "Catastrophic Illness" is defined to mean an illness or injury that is expected to incapacitate an employee for an extended period of time, which incapacity requires the employee to take time off from work for an extended period of time, and taking an extended period of time off work creates a financial hardship for the employee because he or she has exhausted all of his or her sick leave and other paid leave.
7.11.3 Qualifications to Make Donations:
A unit member must meet the following qualifications in order to make an irrevocable donation to the catastrophic illness leave bank.
(a) The unit member must be a permanent classified employee of the District.
(b) The unit member must have an accumulated sick leave balance of at least ten (10) days at the conclusion of the school year immediately preceding, unless the member has utilized the Catastrophic Illness Bank during the school year.
7.11.4 Amount of Donation:
Subject to section 7.11.3 (b) above, an eligible unit member must initially donate a minimum of eight (8) hours of sick leave to the bank. Thereafter to maintain eligibility a unit member must donate a minimum of two (2) (non prorated) hours of sick leave to the bank each year. A unit member may not donate more than forty (40) hours of accumulated sick leave in any one school year.
7.11.5 All references in this procedure to hours of donations or utilization are based upon full-time employment. Hours of donations or utilization for part-time employees shall be credited or used on a pro-rata basis.
7.11.6 Maximum number of hours in sick leave bank.
The maximum number of hours which may be accumulated in the sick leave bank is 1400 hours.
7.11.7 Qualifications of Recipient:
(a) Any permanent unit member suffering from a catastrophic illness is eligible to apply for use of sick leave days in the catastrophic illness leave bank, provided that unit member has donated to the sick leave bank, in accordance with the requirements of Section 7.11.4.
(b) To be eligible for use of sick leave bank days, the unit member must have exhausted all accrued full paid leave credits, including sick leave, vacation and other forms of full paid leave.
(c) A unit member must use all paid leave credits that he or she continues to accrue on a monthly basis before receiving sick leave hours which have been donated to the catastrophic illness leave bank.
(d) The maximum number of hours to be utilized by one unit member for a single catastrophic illness shall not exceed 20 days or 50% of the total available leave bank, whichever is less.
(e) Any unit member requesting use of sick leave hours in the catastrophic illness leave bank must provide the District with written verification of the catastrophic illness. Such verification must be prepared in writing by a licensed physician of the State of California. The District may require the unit member who is incapacitated to undergo an examination by a physician selected by the District, at the District's expense, to verify the injury or illness, the degree of disability, and the anticipated length of disability.
- Provided the unit member meets all the criteria of this section, use of sick leave bank provisions shall be granted.
7.11.8 Procedure
(a) Annual solicitation by CSEA. Contributions for the catastrophic illness leave bank shall be solicited by CSEA during the month of August each school year. The District shall prepare all forms which are to be used by CSEA for purposes of solicitation. All donation forms must be received by the Payroll Office of the District no later than the last working day in September of each school year.
(b) All requests for use of accumulated sick leave hours in the catastrophic illness leave bank shall be presented in writing to the District's Personnel Office. The District shall provide the unit member with a copy of this contract provision. It shall be the responsibility of the unit member to satisfy all conditions of eligibility.
(c) The District Personnel Office shall consult with the CSEA President or designee regarding all requests for use of catastrophic illness leave bank.
7.11.9 The District's decision to deny a unit member's request for donated catastrophic illness leave shall be made only if the unit members does not meet the criteria set forth in Section 7.11.7. This decision shall be final and is not subject to the grievance procedure.
7.12 Family Care Leave
7.12.1 Unit members who have completed one year of service with the District shall be eligible for unpaid Family Care Leave for up to four (4) months within a twenty four (24) month period.
7.12.2 Family Care Leave means either of the following:
(a) Leave for reason of the birth of a child of the unit member, the placement of a child with a unit member in connection with the adoption of the child by the unit member, or the serious illness of a child of a unit member.
(b) Leave to care for a parent or a spouse who has a serious health condition.
7.12.3 The District may require that a unit member's request for leave to care for a child, spouse, or a parent who has a serious health condition be supported by a certification issued by a health care provide of the individual requiring care.
7.12.4 In accordance with federal law, eligible unit members shall continue to participate in the health and welfare benefit program for the period of time specified as Family Care Leave.