ARTICLE 16: LEAVES OF ABSENCE
16.1 Leave of Absence Without Pay
16.1.1
A leave of absence without pay may be granted permanent employees with three
or more years experience with the District. A leave of absence is an extended
absence from duty for a prescribed period of time specifically authorized
by the Board of Trustees. Leaves of absence are normally limited to reasons
of health or academic advancement. A request for a leave of absence to explore
a new occupation will not be granted.
16.1.2
Written request for a leave of absence shall be routed for approval or disapproval
through the employee's immediate supervisor or principal, to the Director,
Personnel Services by February 15, of the year preceding the school year for
which such leave is to be effective. The request must specifically state the
reason for the request and the duration of time desired. The Superintendent
will present it to the Board with a recommendation for approval or disapproval.
16.1.3
Employees given leave of absence for an academic year, shall sign an agreement
that the Board will be given written notice on or before February 15 of their
intention to return. At least ten days before the notice is due, the Director,
Personnel Services shall, by certified mail, notify the employee of his/her
obligation to advise the District of his/her intention to return. Failure to
so notify the Board shall be deemed to constitute a resignation on the part
of the employee; such resignation may be accepted by the Board no earlier than
20 days after the due date of the required notification by the employee.
16.1.4
Time spent on leave of absence without pay shall not count toward salary step
advancement.
16.1.5
Request for a leave based upon a reason not specified in this section, or which
does not meet the experience requirement, will be considered by the Board from
the standpoint of value to the District, urgency of the request, and the employment
record of the person making the request.
16.1.6
An application for leave of absence for reasons of personal health, in excess
or in place
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of which sick leave benefits are due, must be supported by the written recommendation
of a licensed physician or health practitioner.
Before reinstatement, a statement must be furnished from the physician indicating
that the returning employee is physically and/or mentally capable of performing
all assigned duties. The District may exercise its requirement for an examination
as provided in this contract under Section 16.107.
16.1.7
An employee on an approved leave of absence may continue the District health
and welfare benefits provided that he/she submits the monthly premiums in advance
to the Business Office and provided that the insurance carrier will approve
of such a practice.
16.1.8
All requests for leaves which are less than ten (10) school days shall be determined
by the Director, Personnel Services and shall be submitted, in writing, at
least ten (10) days in advance of the date the leave is to commence. The Board
of Trustees
will not review leave requests of less than ten (10) school days. The Board
will not review the judgment and discretion of the Director, Personnel Services
regarding these leaves.
16.2 Bereavement Leave
16.2.1
Any employee covered by this contract is entitled to a leave of absence not
to exceed three (3) days, or six (6) days if out of state travel is required,
on account of a death of his/her 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 contract.
16.2.2 Members of the immediate family, as used in this contract means:
a. mother of the employee or spouse
b. father of the employee or spouse
c. grandmother of the employee or spouse
d. grandfather of the employee or spouse
e. grandchild of the employee or spouse
f. guardian or foster parent of the employee or spouse
g. spouse of employee
h. aunt or uncle of employee
i. son of employee
j. daughter of employee
k. son in law of the employee
l. daughter in law of the employee
m. brother of the employee
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n. sister of the employee
o. brother in law of the employee
p. sister in law of employee
q. person permanently residing in the household
r. niece or nephew of employee
16.2.3
Any additional days requested beyond those provided by the Bereavement Leave
Section must be handled through the provisions under the section "Personal
Necessity Leave".
16.3 Personal Necessity Leave
16.3.1
Sick leave may be used by the employee in cases of personal necessity. All
accumulated sick leave may be used for personal necessity leave. This leave
is to be used responsibly, for good cause, and with an awareness of public
relations.
16.3.2
Personal necessity leave may be used without prior approval for the reasons
listed; when possible, advance approval is advised.
a. Extension of bereavement leave.
b. Accident, involving his/her person or property, or the person or property
of a
member of his/her family.
c. Illness of a member of his/her family, including childbirth.
d. Appearance in court as a litigant.
e. Settling legal affairs.
f. Other important personal situations, including acts of God, which cannot
be
resolved on a non-working day.
g. Medical or dental appointments for immediate family.
h. Adoption of a child (maximum 6 weeks).
i. Wedding.
j. Funeral.
k. Personal business (one day per year).
16.3.3
Absences can be taken in blocks of one half (.5) day.
16.3.4
The employee must submit a completed absence form to the Principal or immediate
supervisor within five (5) working days after return to duty.
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16.4 Pregnancy and Maternity Leave
16.4.1
Pregnancy Leave Use of sick leave benefits. A leave of absence shall be granted
to any employee for that period of time during which the employee, in the
judgment of her physician, is unable to perform her duties due to disability
resulting from pregnancy, miscarriage or childbirth, and recovery therefrom.
16.4.2
The employee's allowable sick leave shall be used for such leave.
16.4.3
The duration of the leave of absence, including the date on which the employee
shall resume duties, shall be determined by the employee and the employee's
physician. The employee shall notify the Director, Personnel Services in writing
of the projected date on which the leave is expected to commence and the probable
date on which such leave will terminate together with the physician's verification.
Such notice is to be given no later than thirty (30) days prior to the expected
commencement date.
16.4.4
Upon physician's recommendation, the employee may return to duty before the
requested leave terminates.
16.4.5
Maternity Leave Upon the employee's written request and with the approval of
the Superintendent, an employee may be granted a maternity leave without pay
following a pregnancy leave.
16.5 Sabbatical Leave
16.5.1
The Board of Trustees may approve a sabbatical leave of study, research/travel,
or work experience not to exceed one (1) year for certificated employees
who have rendered satisfactory service to the District for at least seven
(7) consecutive years, all of which shall have been served as a regular full
time certificated person in the District. Sabbatical leaves granted in any
one (1) year shall not exceed two (2) percent of the total number of certificated
employees, provided that funds are available from the budget for the year
of the leave. At least seven (7) years must intervene between successive
sabbatical leaves.
16.5.2
For the purpose of sabbatical leave, the school year during which the experience
must occur is hereby defined as the period beginning July 1, and ending June
30, of the following year.
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16.5.3
There will be three (3) optional types of leaves available:
a. A certificated person shall complete at least twenty four (24) semester units of college and/or graduate courses during a sabbatical year. At least twelve (12) semester units or equivalent shall be completed during each semester or quarter while on leave. This unit requirement may be met by study in a foreign country in an accredited institution. A certificated person shall have a stated purpose and goal for taking college work so that it would be mutually beneficial to the individual and the District (i.e., work toward an advanced degree, academic study in depth in a subject matter in which they are teaching, or research projects directly related to the school or District). Work toward a credential is a personal obligation for self advancement and should not, in itself, be grounds for a sabbatical. This does not rule out the possibility of a person obtaining an advanced credential while completing the objectives of the sabbatical. Courses shall be exclusive of correspondence courses. Previous to such leave, the courses shall be subject to the approval of the Director, Personnel Services. Upon completion of the leave, and within sixty (60) days of the teacher's return to duty, a written report of findings and conclusions, along with transcripts usable for reinforcement of teaching in the subject area, shall be submitted for evaluation to the Superintendent. It will then be forwarded to the Board.
b. Certificated persons on sabbatical leave for research/travel shall remain in this status at least four (4) months for each semester of leave granted. The application for leave shall include, in general terms, an outline of the proposed research and an itinerary of the proposed travel. The name research/travel is used, since primary purpose of this sabbatical project is research of a nature which must be supplemented with travel. The research must have a direct contribution to the teacher's field and classroom activity. Sabbatical leave for research/travel must clearly show reinforcement of knowledge in the subject area through contact with people, culture, economy, Government, and geography of the countries visited. This may be done by the employee by identifying a problem and
c. defining it to the point where he/she is able to offer evidence that travel and interaction with people during this research/travel leave will contribute to the solution of the problem. The research should be supplemented by films of industrial areas, art centers, and art
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d. objects, etc. Upon completion of the leave, and within sixty (60) days of the teacher's return to duty, a written report on findings and conclusions usable for reinforcement of teaching in the subject area shall be submitted for evaluation to the Superintendent and Board of Trustees. A person shall be required to submit a copy, and copying rights for internal District use, of the entire sabbatical report. The report should set forth the teacher's reactions to the experience and include a statement of the benefits received from it. The Superintendent may, for good cause, authorize an extension of time for the report not to exceed one semester for the purpose of completing the necessary requirements. A description of the trip alone will not satisfy the report requirement.
c. A sabbatical leave may be granted to the certificated person obtaining
a year's position in a field related to his/her teaching area. The relationship
and objectives must be acceptable to the Board of Trustees. Upon completion
of the leave and within sixty (60) days of the teacher's return to duty, a
written report and outline of how this experience will be incorporated in the
teaching of the subject area shall be submitted for evaluation to the Superintendent.
It will then be forwarded to the Board.
16.5.4
Application for sabbatical leave must be submitted to the Director, Personnel
Services, accompanied by a written recommendation from the Principal.
16.5.5
Application must include a complete outline of the proposed sabbatical program
and a statement of the way in which the program will benefit the schools and
pupils of the District.
16.5.6
Applications will be evaluated by the Superintendent in terms of benefits to
the District and individual.
16.5.7
Applications must be submitted prior to February 1 of the school year preceding
that in which the leave is desired.
16.5.8
Sabbatical leaves for less than one (1) year duration may, on rare occasions,
be granted for specific, special needs of the District.
16.5.9
The establishment of this policy and regulation does not void the option of
the
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Superintendent to make recommendation or the Board of Trustees to grant special
sabbatical leaves in the best interests of the District.
16.5.10
Although the quality of the project leave submitted is most important, the
leave of absence for study shall be given priority. Other guidelines for consideration
are:
a. Applications which provide the greatest opportunities for expanding professional
contacts, and in cases of advanced study, breadth of institutional experiences.
b. The levels of instruction:
(1) Primary (K 3)
(2) Middle Grades (4 6)
(3) Upper Elementary (7 8)
(4) Special Education (K 8)
(5) Bilingual Education (K 8)
(6) Other (K 8)
16.5.11
Compensation during a sabbatical leave shall be computed at fifty (50) percent
of the pay the employee would have received had he/she remained in active services
(his/her regular position) but not including any payment for special assignment
or extra curricular activities. The employee shall receive the benefit of any
service increment and his/her reclassification to which he/she would have been
entitled had he/she remained in active service.
16.5.12
Any compensation received by the employee which derives as a result of the
sabbatical leave, while on said leave (excluding fellowship grants or scholarship
grants), shall be reported on a monthly basis to the District and shall be
deducted from the salary due the employee.
16.5.13
Time spent on sabbatical leave shall be credited as regular District service
in the determination of years of service for seniority and eligibility for
fringe benefits (the annual ten (10) day sick leave will not be provided for
the period of the sabbatical leave) provided the requirements established for
the sabbatical leave have been satisfactorily met.
16.6
Industrial Accident or Illness Leave
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16.6.1
Industrial Accident or Illness Leave is granted to an employee who has had
an accident or illness arising out of, and in the course of, his/her employment
with the District.
16.6.2
Certificated employees shall be entitled (in any one (1) fiscal year), for
the same accident or illness, up to sixty (60) working days of Industrial Accident
or Illness Leave during which the schools of the District are required to be
in session or when the employee would otherwise have been performing work for
the District. Such Industrial Accident or Illness Leave shall commence on the
first day of absence and shall be reduced by one day for each day of authorized
absence regardless of a temporary disability indemnity award.
16.6.3
Allowable leave shall not be accumulative from year to year, except that when
an industrial accident or illness occurs at a time when the full sixty (60)
days will overlap into the next fiscal year, the employee shall be entitled
to only that amount of unused leave due him for the same illness or injury.
16.6.4
During any paid industrial leave of absence, the employee shall endorse to
the District the temporary disability indemnity checks received on account
of his/her industrial accident or illness. The District, in turn, shall issue
the employee's full salary and shall deduct normal retirement and other authorized
contributions.
16.6.5
Any employee receiving benefits from Industrial Accident or Illness Leave shall,
during
period of injury or illness, remain within the State of California, unless
the Board of Trustees authorize travel outside the state.
16.6.6
The Industrial Accident or Illness Leave of Absence is to be used in lieu of
entitlement acquired under "Use of Sick Leave". An employee's sick
leave absence shall be deemed to have commenced on the date of termination
of the Industrial Accident or Illness Leave. If the employee continues to receive
temporary disability indemnity after the expiration of his/her industrial accident
leave, the total of the indemnity payment and the accumulated sick leave payment
shall not result in payment to him/her of more than his/her full monthly salary.
16.6.7
Industrial Accident or Illness Leave for each occurrence shall cease when temporary
disability benefits under worker's compensation laws of the State of California
are
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discontinued for the applicable industrial accident or illness.
16.6.8
Any employee who is eligible for reemployment and has been medically released
for return to his/her duties, but fails to accept assignment within his/her
authorized credential, shall be placed on leave of absence. The Superintendent
will make every effort to return the absent employee to his/her position, taking
into consideration the best interests of the District.
16.7 Sick Leave
16.7.1
A certificated employee employed five (5) days for each week is entitled to
ten (10) days of sick leave during a school year; such leave to accumulate
from year
to year without limit. A certificated employee working less than full time
shall be granted sick leave in the same ratio that his/her employment bears
to full time employment.
16.7.2
Use of current annual sick leave need not be accrued prior to taking such leave.
Absences beyond the ten (10) days shall be continued with pay for a period
of five (5) months from the end of the current ten (10) day period. During
the extended period, the employee shall receive full salary only for those
days of previously acquired sick leave. During the remaining portion of the
five (5) month period, the employee shall have deducted from his/her monthly
salary the sum actually paid a substitute employee to fill the position.
16.7.3
In cases of absence in excess of the extended five (5) month period, the certificated
employee shall be granted a leave of absence without pay not to exceed a twelve
(12) month period; or, if the employee has accumulated sick leave extending
beyond the five (5) month period and has exhausted such sick leave, he/she
shall be granted a leave of absence without pay not to exceed a twelve (12)
month period. The District will pay his/her health insurance premiums for the
stated twelve (12) month period of leave of absence.
16.7.4
The District reserves the right to request additional verification of any absence
including, but not limited to, a physician's or health practitioner's statement.
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16.7.5
Employees returning to work from an illness requiring medical attention (including
surgery
or injury absence) may be required to present a doctor's release prior to returning
to duty.
16.7.6
Upon physician's recommendation, the employee may return to duty before the
requested leave terminates.
16.7.7
The District reserves the right to require that employees returning to work
after an illness requiring medical attention undergo a medical and/or mental
examination by a doctor chosen by the employee from a list of three (3) to
five (5) doctors depending upon availability within the State of California,
provided by the District. The list will be made up of specialists in the area
of the debilitating illness. Such examination and attendant costs would be
District expense. Attendant costs are defined as lodging $60.00 per day; food
$24.00 per day; and mileage at current IRS rate. The doctor's statement indicating
fitness for duty shall be binding on the District and shall be binding on the
employee.
16.8 District Approved Absence
16.8.1
Upon approval of the Superintendent or designee, employees may be absent without
loss of pay for the following reasons:
a. District or school business
b. Trainee visitation or projects
c. Teacher visitation and in-service training
d. Professional convention/conference attendance
The Superintendent or his/her designee shall set the time, duration and place of such absences.
16.9 Jury Duty/Subpoena/Court Order
16.9.1
It shall be the responsibility of each person selected to serve on jury duty
to notify his/her immediate supervisor, to make the necessary arrangements
for a substitute, and to file the appropriate form.
16.9.2
Any amount paid for services on jury or as a witness becomes due and payable
to the District, except the employee may retain any fee paid as a travel allowance.
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16.9.3
In situations where absence is due to a subpoena or an official court order,
the employee must provide evidence from a certified clerk or authorized officer
of a court or other governmental jurisdiction.
16.10 Association Leave
16.10.1
Association President or his/her designee shall have two (2) release days for
each month for the purpose of conducting Association business.
16.10.2
The Association will reimburse the District for each assigned substitute necessary
when such leaves are utilized. The Association will notify the Director, Personnel
Services, at least two (2) days prior to utilizing such leave.
16.11 Military Leave
16.11.1
Employees whose service in the District has been interrupted by entry into
active military service are entitled to return to the position held by him/her
at the time of his/her entrance into such service at a salary to which he/she
should have been entitled had he/she not absented himself/herself from the
District.
16.11.2
A probationary or permanent employee who enters active military service shall
be entitled to absent himself/herself from his/her duties as an employee of
the District.
16.11.3
Such absence shall not affect in any way his/her classification. In the case
of a probationary employee, the absence shall not be construed as a break in
the continuity of the service of an employee for any purpose. The absence,
however, shall not count as a part of the service required to classify an employee
as a permanent employee of the District.
16.11.4
Within six (6) months after an employee honorably leaves the service or has
been placed on inactive duty, he/she shall be entitled to return to the position
held by him/her at the time of his/her entrance into the military service,
at the salary to which he/she would have been entitled had he/she not absented
himself/herself from the service of the District.
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16.12 Temporary Military Leave
16.12.1
The following criteria shall govern temporary leaves:
a. Employee employed in the District for a period of a year or more who are required to perform duties arising from reserve status shall have the same rights and privileges he/she would have enjoyed had he/she not absented himself/herself from the District.
b. In view of the great personal responsibility that each person accepts upon
employment, the District desires that members make every effort to complete
military obligations during period when school is not in session.