The information contained on this site is intended to be a general guideline regarding the leave policies in Lammersville Unified School District. Additional information regarding leaves may be found in Statutes, Education Code, Board Policy, and the Agreement between LUSD and CSEA.
Leave of Absence Types
Leave Guidelines under the CSEA Agreement
Vacation leave for full time employees working 40 hours per week and 12 months per year shall be earned and accumulated on a monthly basis in accordance with the following annual schedule. To be eligible for vacation, an employee must have 6 months of continuous service with the District.
Years of Service Vacation Leave
1 - 2 80 hours
3 - 10 96 hours
11 + 120 hours
A. Employees working less than forty (40) hours per week shall earn and accumulate such proportion of the above vacation leave as the hours they work bears to forty (40) hours per week.
B. Employees working ten (10) months per year shall be credited with one (1) year of service for vacation purposes; however, they shall earn and accumulate .833 of the vacation leave set forth above.
C. A classified employee absent because of illness or injury shall earn and accumulate vacation leave during that portion of the employee's absence covered by the employee's accumulated sick leave.
D. A classified employee must begin work on or before the first work day after the 10th calendar day of any month in order to earn vacation leave for that month. In order to accumulate vacation leave for their last month of service upon terminating employment with the District, such employee must have worked at least through the 20th calendar day of such month.
E. Employees shall submit requests for use of earned vacation time to their administrative supervisor. Requests shall be approved if the request is consistent with the work needs of the District and minimizes disruption of District operations.
F. The request of the employee and with the approval of the supervisor, the employee may carry over into the next fiscal year up to 160 hours’ vacation entitlement. There may be occasions when, for the convenience of the employee, and with the advance approval of the Superintendent, additional accrued vacation days may be carried over into the next fiscal year.
G. Any employee on scheduled vacation who becomes ill may have his/her status changed to sick leave with District approval and the presentation of a doctor's certificate verifying such illness.
An employee is entitled to a leave of absence not to exceed three (3) days on account of a death of any member of his immediate family. If an employee travels beyond a three hundred (300) mile radius of Mountain House on account of a death of any member of his immediate family, the employee will be entitled to an additional two (2) days. No deductions shall be made from the salary of such employee nor shall such leave be deducted from leave granted by other sections ofthis agreement. Members of the immediate family, as used in this agreement, means the mother, father, step father, step mother, step children, grandmother, grandfather, grandchild, spouse, son, brother-in-law, sister-in-law, son-in-law, daughter, daughter-in-law, brother, sister, step brother, step sister, aunt, uncle, niece or nephew of the employee or of the spouse of the employee, or any relative living in the immediate household of the employee.
The CSEA Chapter President or designated executive board member shall be granted up to ten (10) days per year to conduct association business.
The Association hereby agrees to pay to the District the amount of any salary paid by the District to a substitute required to fill the position of any employee on Association leave.
Any employee in the bargaining unit elected or appointed to a state, regional, or national position in the Association shall have release time during the school year for the purpose of attending such meetings.
Each year, each regular classified employee shall be credited with no fewer than 100 working days of paid leave for personal illness or injury, including current year and accumulated days of leave. When the current year and accumulated days at full pay are exhausted, the remainder of the 100 days shall be compensated at least 50 percent of the employee’s regular salary. Any of the 100 days of leave not used during the year in which they are credited shall be forfeited and shall not accumulate from year to year. This paid leave shall be exclusive of any other paid leave, holidays, vacation, or compensatory time to which the employee may be entitled (Education Code 45196).
In accordance with Section 45192 of the Education Code, classified employees shall be entitled to leave of absence for industrial accidents or illness, subject to the following:
Allowable leave shall be for not more than sixty (60) working days in one (1) fiscal year for the same accident.
Allowable leave shall not be accumulated from year to year.
Industrial accident or illness leave will commence on the first day of absence. Payment for wages lost on any day shall not, when added to an award granted the employee under worker’s compensation laws of the State of California, exceed the normal wage for the day; the employee shall endorse to the District wage loss benefit checks received under the worker’s compensation laws of this state and the District, in turn, shall issue the employee appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contribution.
Industrial accident leave will be reduced by one (1) day for each day of authorized absence regardless of a compensation award made under worker’s compensation.
When an industrial accident leave 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 remaining at the end of the fiscal year, in which the injury or illness occurred, for the same illness or injury.
The industrial accident or illness leave is to be used in lieu of normal sick leave benefits. When entitlement to industrial accident or illness leave under this section has been exhausted, entitlement to sick leave and extended sick leave will then be used. If, however, an employee is still receiving worker’s compensation, they shall be entitled to use only so much of their accumulated and available sick leave, accumulated compensation time, vacation or other available leaves which when added to the worker’s compensation award, provides for a day’s wage or salary.
When all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of their position, the person shall, if not placed in another position, be placed on a reinstatement list for a period of 39 months. When available, during the 39- month period, the person shall be employed in a vacant position in the class of the person’s previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the person shall be listed in accordance with appropriate seniority regulations.
Periods of leave of absence pursuant to this Article shall not be considered to be a break in service for the employee. To be eligible for industrial accident or illness leave, an employee must have served continuously not less than six (6) months with the District. Such requirement shall not be construed to limit or restrict an employee’s right to an earlier time to receive worker’s compensation benefits as provided by law.
An employee returning to work from industrial accident or illness leave shall be required to present a doctor’s release prior to returning to paid duty. The District may require an employee to submit to an examination by a District approved doctor to verify the nature of the illness or disability which was the reason for the leave of absence.
Only absences which are supported by a doctor’s certificate and have been verified by the District’s insurance carrier to be the result of a work connected injury or illness can be paid under the occupational leave policy. Any absence which cannot be so verified shall be charged against the bargaining unit member’s personal illness leave or other appropriate leave, or salary will be deducted. if it is determined the illness/injury is covered by worker’s compensation, sick leave or other leaves, or salary deducted shall be reinstated.
A classified employee who receives a subpoena for court appearance and is not a party to the action or is required to serve on a jury shall receive full pay for such absence from duty provided that he complies with the stipulation listed below:
A. The employee must not be a litigant in the court action.
B. The employee must present to the payroll office the actual notice to appear for jury duty.
C. The employee must make a check payable to the District equal to the amount received for witness or jury fees. If the employee is released from jury duty prior to the starting of his assigned shift, and henceforth works his shift, he/she is not required to endorse to the District any check or warrant received in payment for jury fees.
D. Any meal, mileage, and/or parking allowance provided for jury or witness duty, shall be kept by the employee.
E. Any day during which an employee in the bargaining unit who is required to serve five (5) or more hours on jury duty including travel time, shall be relieved from work with pay. Employees are required to work during any day or portion thereof in which jury duty or witness services are less than 5 hours.
A leave of absence with or without pay may be granted to a permanent employee.
A leave of absence is an absence from duty for a prescribed period of time specifically authorized by the District, not to exceed twelve (12) months. Such leaves are normally granted for health reasons or personal hardship.
A request for a leave of absence to explore a new occupation may be granted.
A written request for a leave of absence shall be submitted to the employee's principal or immediate supervisor for recommendation, and then to the Superintendent. The request must specifically state the reasons for request and the duration of the leave requested. The Superintendent will present it to the Board and recommend approval or disapproval. Time spent on a leave of absence without pay shall not count for salary purposes.
Employees given leaves of absence for an academic year shall give the District written notice at least thirty (30) days prior to the end of the leave. Failure to notify the District shall constitute an automatic resignation on the part of the employee.
A request for a leave based upon a reason not specified in this article will be considered by the Superintendent from the standpoint of value to the District, urgency of the request, and employment record of the employee making the request.
An application for leave of absence for reasons of personal health must be supported by the written recommendation of a licensed physician and before reinstatement, a statement of ability to perform job duties must be furnished from a physician.
Any leave of absence granted under this policy shall not be deemed a break- in service except that such leave shall not be included as service in computing service to the granting of any subsequent leave under this type of leave, nor shall employees earn vacation pay, sick leave, holiday pay, or other benefits provided under this agreement.
Employees granted a leave under this article are guaranteed a position in the same class that the employee occupied prior to the granting of said leave, at the conclusion of the leave.
The employee shall notify the Superintendent of the projected date on which the leave is expected to commence and the probable date on which the employee shall resume his/her duties. Such notice should be given not less than thirty (30) days prior to the expected commencement date of such leave. The Superintendent may waive such notice.
In accordance with Section 45207 of the Education Code, leaves of absence for personal necessity will be permitted to employees in the unit for not more than seven (7) days in the school year. Such leaves shall be deducted from the employee's accumulated sick leave benefits for those situations necessitating their absence which may be foreseeable but may be unavoidable and of a serious nature involving circumstances which the employee cannot reasonably be expected to disregard, or which may require the attention of the employee during their regularly assigned hours. Such leave shall normally be taken in half-day or full-day increments but may be granted in no less than quarter-hour increments. Three (3) personal necessity days are allowed for use each year as a “No Tell Day”.
Employees shall complete a district developed form for all requested leave for reason of personal necessity/personal business. The employee is required to provide the District at least three (3) business days’ notification of their intent to use personal necessity except in cases of emergency.
Advance permission is not required for reasons of a death or serious illness of someone in the immediate family, an accident involving the employee or someone in the immediate family or a required legal meeting/court appearance which does not result from their own connivance. In all other cases advance permission for the use of personal necessity/personal business for urgent and compelling personal business which requires the employee's immediate attention during the normal working day is required.
The District reserves the right to obtain documentation that adequately supports any leave request.
Personal Necessity Leave may be used for the reasons specified in Education Code section 45207.
A. Death of a member of the employee’s immediate family. Leave for this purpose may be used when additional time is required beyond the number of days provided for bereavement. “Members of the immediate family”, as used in this Article, are as defined in Article XIII.(This would be in addition to normal bereavement leave.)
B. Court appearance: Such leave may be used for appearance in any court, or before an administrative tribunal, as a litigant, party, or witness under subpoena or any order made with jurisdiction.
C. Accidents: Such leave may be used for accidents involving the employee’s property or the person or property of a member of the employee’s immediate family, as defined above, provided such accidents is of such a serious nature as to require the presence of the employee during the employee’s normal working hours.
D. Illness in the immediate family: Such leave may be used in the event of serious illness in the immediate family of the employee requiring the services of a physician.
E. Personal Business Leave: Leave may be used for unexpected, unavailable or unforeseen personal or business obligation with prior notice unless in the case of an emergency. The general reason for the leave must be stated and must be approved by the immediate supervisor.
F. The following are not to be considered proper uses of Personal Necessity Leave:
1. Political activities or demonstrations
2. Vacation, recreation, or social activities
3. Extension of a school holiday or vacation
4. Pursuit of other employment
Employees shall be entitled to utilize sick leave for the period of time that they are temporarily disabled resulting from the employee’s pregnancy, miscarriage, childbirth, and recovery there from as allowed by state and federal law.
Leave shall commence on the date the employee’s physician certifies that the employee is medically unable to work. The District shall be given notice as soon as practicable.
The leave shall terminate when the employee’s physician certifies that the employee is medically able to return to work. Notice of return to work should be given as soon as possible.
As provided in section 45191 of the Education Code, every classified employee employed five (5) days a week and 12 months a year by the District shall be entitled to twelve (12) days leave of absence for illness or injury, exclusive of all days he is not required to render service to the District, with full pay each school year. .
A classified employee, employed five (5) days a week, who is employed for less than a full fiscal year is entitled to that proportion of twelve (12) days leave of absence for illness or injury as the number of months he is employed bears to twelve (12). Ten-month employees shall receive ten (10) days per year. Eleven month employees shall receive eleven (11) days per year.
A classified employee employed less than five (5) days per week shall be entitled, for a fiscal year of service, to that proportion of twelve (12) days leave of absence for illness or injury as the number of days he is employed per week bears to five (5).
Pay for any day of such absence shall be the same as the pay which would have been received had the employee served during the day.
Annual credit for sick leave need not be accrued prior to taking such leave. However, a probationary 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 pursuant to this Article, until the first day of the calendar month after completion of six (6) months of active service with the District.
If such employee does not take the full amount of leave allowed in any year under this Article the amount not taken shall be accumulated from year to year.
Each employee shall notify his immediate supervisor, or designee, at least two hours before his work day is scheduled to begin if he is unable to perform his work except as otherwise instructed in writing by the immediate supervisor. Leave with pay may be denied if proper notice is not given.
Each employee shall complete and sign a District-approved form as a claim for salary during absence due to illness or injury for each such absence.
The District reserves the right to request certification from the employee’s doctor (e.g. primary physician, urgent care, etc.) or the District’s doctor, at the employee’s option, for verification of any illness or leave under this Article If abuse of sick leave is suspected, an employee will be given written notice of the suspected abuse and may be referred to a district selected doctor for verification.
Employees may use accumulated sick leave for routine medical and dental appointments, eye examinations or similar professional services. The use of accumulated sick leave for the above purposes is to be limited to those employees who can't obtain services outside their workday. This leave shall be used in half-hour minimum increments.
Notification shall be given an employee as soon as practicable when sick leave is exhausted.
A. An employee returning to work from any leave for medical reasons may be required by the District to present a doctor's release prior to returning to paid duty.
B. The district may require an employee to submit to an examination by a district appointed doctor to verify the presence of illness or disability which was the reason for the leave of absence.
C. Absences of more than three (3) consecutive work days must be supported by a doctor's verification. Any absence not so verified will be counted as unpaid leave and the employee’s pay reduced accordingly.