 |
Agreement Between the San Mateo Union High
School District and the Adult School Federation of Teachers
ARTICLE XVI: LEAVES
Section
1. Responsibility for Notification of Absence
If it is necessary for an
employee to be absent, it is his/her responsibility to notify the Adult School
Office prior to the beginning of the absence. Whenever possible, such notification
should be no later than two 2) hours before scheduled day class time and three
3) hours before scheduled evening class time. An absence exceeding one 1) calendar
week, or in excess of four 4) consecutive workdays, whichever is less, must be
verified by a doctor's note.
Section 2. Responsibility for Verification
of Absence
Employees must verify all absences and must complete such
absence reports as may be required by the District. With reasonable cause the
District may require a doctor's certificate from teachers for verification of
absences. Falsification of such statements shall result in appropriate disciplinary
action and adjustment of pay.
Section 3. Sick Leave
Sick
leave shall be earned in accordance with Education Code Section 44978 with proportional
adjustments for employees working less than full time. The following formula will
be used to calculate earned sick leave: "Total hours of a section divided
by 19, to the nearest hour." The parties will undertake a study of the cost
and feasibility of implementing a sick leave bank. Such a bank may be established
upon the mutual approval and agreement of the District and the Federation. Teachers
will receive a statement of accrued sick leave at two spaced intervals during
a school year.
Section 4. Industrial Injury or Illness Leave
Certificated employees shall be eligible for a leave of absence due to an
industrial injury or illness.
Industrial injury or illness is defined
as such when it is so determined by the Workers' Compensation Insurance carrier
or by the Industrial Accident Commission and shall commence on the first day of
absence.
Such leaves shall be for not more than sixty (60) days or their
equivalent during which the Adult School is in session or when the employee would
otherwise have been performing work for the District in any one fiscal year for
the same injury. When an industrial injury or illness leave overlaps into the
next fiscal year, the employee shall be entitled to only the amount of unused
leave due him or her for the same illness or injury. Such leaves shall not be
accumulated from year to year.
When entitlement to industrial injury or
illness leave has been exhausted, entitlement to other sick leave as defined by
this Agreement and the Education Code may be used. If an employee continues to
receive temporary disability indemnity, he or she shall be entitled to use only
such of his/her accumulated sick leave or other available leave that, when added
to the temporary disability indemnity award, will result in no more than his/her
full salary. Compensation for such leaves shall be paid in conformity with the
Education Code.
All leaves of absence for industrial injury or illness
shall be subject to regulations as are specified in the Education Code and this
Agreement.
Section 5. Bereavement, Illness, or Injury Leave (Immediate
Family)
Employees will be granted three (3) days' leave or their
equivalent, upon the death or serious illness or injury of any member of the immediate
family. Members of the immediate family include the mother, father, brother, sister,
grandchild, grandmother or grandfather of the employee or of the spouse of the
employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother,
sister, or domestic partner of the employee or any relative living in the immediate
household of the employee.
Such leave is not to be cumulative.
Full compensation for hours normally worked will be granted during this leave.
The days allowed for death, illness, or injury to any member of the immediate
family shall not be charged against sick leave eligibility.
Section
6. Leave For Court Appearances
Employees may be absent from duty
to serve as jurors or court witnesses pursuant to subpoena without loss of pay
when the court appearance conflicts with the scheduled class time. Fees paid the
employees for such purposes shall be payable to the District.
Absence
for court appearance as a litigant, when the appearance conflicts with the scheduled
class time, shall be chargeable to accumulated sick leave.
Section
7. Personal Necessity Leave
Full-time
Adult School Teachers covered by this contract shall be allowed up to seven (7)
days, or their equivalent, per school year for leaves listed in this section,
except for those listed under A and B of this section. Adult School Teachers who
are employed less than full-time shall be permitted to use 70% of their annual
sick leave allotment for personal necessity purposes. Leave under A and B of this
section shall be limited to the number of accumulated sick days. Such days will
be deducted from sick leave previously earned by the employee. The days allowed
may not exceed the number of full pay days of illness or injury leave to which
the employee is entitled. In compliance with the Education Code, personal necessity
leave shall be for a compelling reason, and shall be granted under the following
conditions without preapproval:
A. Death or serious illness of a member
of the employee's immediate family.
B. Accident involving the employee's
immediate family.
All other requests for personal necessity leave must
be preapproved by the Director, and shall be used only for the following compelling
reasons when the appearance conflicts with scheduled class time:
1. Adoption
proceedings that cannot be carried out at times other than the workday.
2. Religious holidays.
3. Attendance at graduation ceremonies involving
a member of the immediate family (as defined in bereavement section above).
4.
Court appearance.
5. Compelling personal importance (specified)
Should
the situation prevent the employee from securing preapproval, one day of this
leave may be taken as required, subject to the understanding that if a post review
of the leave verification statement finds the leave was inappropriately applied,
the District will reassign the day to the appropriate leave category or make an
adjustment of pay. It is understood that this leave is not to be used for concerted
activities of any type.
An employee may use up to two (2) days of personal
necessity leave for reasons of personal business which cannot be carried out at
times other than the regular work day. For purposes of pre- or post-approval,
the employee shall only be required to state 'personal business' as the reason
for requesting such leave."
No such leave shall be used for business
of the Federation, vacation, personal business for profit, or other similar situations.
It shall be the responsibility of the employee to notify or arrange to have the
Adult School Office notified of the absence. Approval for such personal necessity
leave shall be made only upon the employee's written statement, requesting that
the absence be charged against the employee's sick leave and that the absence
was due to a personal necessity.
Section 8. Personal Leave of
Absence Without Pay
A. After having attained tenure, any certificated
employee may, at the discretion of the Board, be granted up to twelve (12) months
leave of absence without pay. Extension of the leave may be granted under circumstances
of hardship, personal necessity, or emergency, at the discretion of the Board.
B.
In any school year, up to six (6) certificated employees who have taught for five
(5) consecutive years, at least three hundred sixty (360) hours per year, may
be granted a leave of absence without pay, not to exceed six (6) months, during
the term of each employee's respective employment contract. Granting such leaves
shall be at the discretion of the Director, which will not be unreasonably withheld.
Upon notice of intent to return, the District will attempt to return the employee
to the same or similar teaching position; however, an employee taking such a leave
will not be guaranteed the same or similar position when the employee returns.
In implementing the provisions of this sub-section, and to the extent permitted
by law, the District will continue its past practice regarding summer leaves of
absence. The parties agree that "summer" is defined as June 1 through
August 31, inclusive.
This section shall not be interpreted in a manner
that would entitle any unit member to a leave that would exceed six (6) months
with the proviso that return from leave may vary according to Adult School term
in any school year. However, the District, at its sole, non-grievable discretion,
may grant additional personal leave within the meaning of subsection A of this
Section.
C. Obligation to Notify of the Intention to Return from Personal Leave
A
certificated employee who has been granted personal leave in accordance with the
contract shall notify the Adult School Office of her/his intention to return to
the District sixty (60) days prior to the planned return date. If such notice
or application is not received in the Personnel Office by that time, the employee
shall waive his or her right to reinstatement as provided in the Education Code.
Section 9. Catastrophe Leave
Employees may be granted one (1) day
of leave without loss of pay for the purpose of attending to problems arising
from catastrophe. The one (1) day allowed for catastrophe shall not be charged
against sick leave eligibility
Section 10. Family Rights Act and Family
and Medical Leave Act
The District shall grant family and medical
leaves as required by the California Family Rights Act and the federal Family
and Medical Leave Act.
| |
