11.1 General Leave
11.1.1 General Leaves of Absence
Upon written request by the employee, the Board of Trustees may grant a general leave of absence, with or without pay.
11.2 Sick Leave
11.2.1 Usage
a. At the beginning of each fiscal year, the full amount of sick leave granted under this Section shall be credited to each employee. Credit for sick leave need not be accrued prior to taking such leave and such leave may be taken at any time during the year. However, a new employee of the District shall not be eligible to take more than six (6) days until the first day of the calendar month after completion of six (6) months of active service with the District.
b. Sick leave may be taken for illness, injury or disability of the employee. Sick leave may be used for medical/dental appointments.
c. Up to six (6) months of sick leave accrual may be used to care for a "family member" as defined in Labor Code Section 245.5.
11.2.2 Allowance
a. Full-Time Employee
For a fiscal year of service, each full-time employee shall be entitled to twelve (12) days leave of absence for illness or injury. One (1) day of sick leave is earned for each month worked.
b. Part-Time Employee
Part-time employees earn the number of hours of sick leave that they are regularly scheduled to work per day for each monthly pay period (i.e., 3 hours/10-month employee = 30 hours/year). A maximum of one day of sick leave may be earned or accrued in a month.
Holidays occurring during sick leave are considered as paid holidays. Sick leave shall be paid at the employee’s regular rate of pay. Sick leave credit is earned during a period of sick leave.
11.2.3 Accrual
a. Credit for unused sick leave shall be accumulated from year to year.
b. Any sick leave benefits earned, but unused on the date of termination shall lapse. For employees who were members of PERS prior to 1980, unused sick leave shall be converted to retirement credit in accordance with law.
11.2.4 Transfer Of Sick Leave
An employee who quits is eligible to transfer sick leave if qualified pursuant to Education Code section 45202.
11.2.5 Each employee is responsible for entering their absence in the District's online absence reporting system. If the absence notification is after the reporting window closed, the employee shall notify the District substitute technician as soon as possible and confirm which absence code shall be used. The absence code may be corrected up to forty five (45) calendar days following the date of the absence. Thereafter, the selected code shall be final.
11.2.6 Verification
a. Each absence shall be verified on the form provided by the District. The District reserves the right to require such proof as may be necessary.
b. The District may at any time during sick leave require evidence, including doctor’s statement, of the employee’s ability or inability to satisfactorily perform the functions of his/her position.
11.2.7 Extended Paid Leave Benefits
If a permanent employee has exhausted all available sick leave and all accrued vacation credit and is not able to return to duty, he/she shall be paid the difference between his/her salary and that of a substitute for a period not to exceed five (5) months from first date of sick leave. However, should it be to the employee’s advantage, the employee may apply for retirement under disability benefits of P.E.R.S.
11.2.8 Additional Medical Leave
If the employee has exhausted all sick leave, accrued vacation and extended paid leave benefits, he/she shall be notified of the opportunity to request additional paid or unpaid medical leave. The Board may grant such leave in six (6) month increments, up to a maximum of eighteen (18) months.
11.2.9 Exhaustion of All Leaves
a. When a classified employee has exhausted all paid or unpaid leaves due to personal illness and is unable to return to work, they shall be placed on a reemployment list for a period of thirty-nine (39) months. At any time during the thirty-nine (39) months, if the employee is able to assume the duties of his/her position, he/she shall be reemployed in the first vacancy in the classification of their previous assignment. The employee’s reemployment shall take precedence over all other applicants except for those laid off for lack of work or funds, in which case employees shall be ranked according to their proper seniority. Upon resumption of the employee’s duties, the previous hire date seniority shall be reinstated, and he/she shall be fully restored as a permanent employee.
b. An employee who has been placed on a reemployment list and who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed.
11.3 Industrial Accident or Illness Leave
11.3.1 Definition
Industrial accident or illness is an injury or illness arising out of or in the course of employment with the District.
11.3.2 Eligibility
Industrial Accident Illness Leave shall be granted to an employee only after they have served the District for three (3) years.
11.3.3 Usage
a. All employees who are absent from duty because of an illness or accident defined as an industrial accident or industrial illness under the Workers’ Compensation Insurance Law shall be granted paid industrial accident leave for not more than sixty (60) work days in any one (1) fiscal year.
b. Allowable leave will commence on the first day of absence and may overlap into the next fiscal year only to the extent of completing the sixty (60) days for the same injury or illness. Allowable leave shall not be accumulative from year to year.
c. Paid industrial accident leave shall be reduced by one (1) day of authorized absence regardless of the temporary disability allowance made under Workers’ Compensation. Days absent while on paid industrial accident leave shall not be deducted from the number of days of paid illness leave to which an employee may be entitled.
11.3.4 Payment Of Wages
During all paid leaves resulting from an industrial accident or illness, the employee shall endorse to the District all wage-loss benefit checks received from Workers’ Compensation Insurance in accordance with any procedures required by the Schools Insurance Group (“SIG”). The District shall issue to the employee appropriate warrants for payment of wages, loss of benefits, salary, and/or leave benefits and shall deduct normal retirement and other authorized contributions. Payment for wages shall not exceed the normal wage for the day when added to the insurance award.
11.3.5 Use Of Sick Leave
If the employee is unable to return to duty after exhausting paid industrial accident leave, the employee shall use accumulated sick leave, which will be reduced only in the amount necessary to provide a full day’s wages when added to the compensation received from Workers’ Compensation Insurance Fund.
11.3.6 Use Of Vacation
After all paid illness leave has been exhausted, the employee shall use accrued vacation, earned compensatory time or other earned leave to the extent necessary to make up the employee’s regular salary when added to compensation received from Workers’ Compensation Insurance Fund. Payment for wages shall not exceed the normal wage for the day when added to the insurance award.
11.3.7 Extended Paid Leave Benefits
Subject to eligibility in accordance with Section 11.3.2, a permanent employee who has exhausted all available sick leave and all accrued vacation credit and is not able to return to duty, shall be paid the difference between his/her salary and that of a substitute for a period not to exceed five (5) months which runs concurrently with industrial accident leave. However, should it be to the employee’s advantage, the employee may apply for retirement under disability benefits of P.E.R.S.
11.3.8 Additional Medical Leave
If the employee has exhausted all sick leave, accrued vacation and extended paid leave benefits, he shall be notified of the opportunity to request additional paid or unpaid medical leave. The Board may grant such leave in six (6) month increments, up to a maximum of eighteen (18) months.
11.3.9 Exhaustion Of All Leaves
a. If the employee is unable to return to work at the conclusion of all paid or unpaid leaves of absence, the employee’s name shall be placed on the reemployment list for a period of thirty-nine (39) months. When available during the 39-month period, he/she shall be employed in a vacant position in the class of his/her previous assignment over all other available candidates except for a reemployment list established because of a lack of work or lack of funds, in which case he/she shall be listed in accordance with appropriate seniority regulations.
b. An employee who has been placed on a reemployment list and who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed.
11.3.10 Seniority
Periods of authorized leave of absence, paid or unpaid, shall not be considered a break in service and the employee shall continue to receive seniority credit for all purposes.
11.4 Pregnancy Leave
11.4.1 Leave For Pregnancy Disability
a. Employees are entitled to use sick leave for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom on the same terms and conditions governing leave of absence from other illness or medical disability. Such leave shall not be used for child care or child rearing. The length of such disability leave, including the date on which the duties are to be resumed, shall be determined by the employee and the employee’s physician.
b. The employee on leave for pregnancy disability shall be entitled to return to the same position as that held at the time the leave commenced, with no break in service.
c. For the purpose of computing differential pay in the paragraph above, Step A of the range assigned to each position classification shall be the Substitute Salary Schedule.
11.5 Parental Leave
11.5.1 Unpaid Parental Leave
a. Leave without pay or other benefits may be granted to an employee for preparation for child bearing and for child rearing.
b. The employee shall request such leave as soon as practicable, but under no circumstances less than twenty (20) work days prior to the date on which the leave is to begin. Such request shall be in writing and shall include a statement as to the dates the employee wishes to begin and end the leave without pay.
c. The determination as to the date on which the leave shall begin and the duration of such leave shall be made at the discretion of the Superintendent when considering the scheduling and replacement problems of the District.
d. The leave shall not exceed twelve (12) consecutive months. An extension of leave may be granted, not to exceed an additional twelve (12) months.
e. The employee is not entitled to the use of any accrued sick leave or other paid leave, unless the illness or disability is related to a pregnancy, miscarriage, childbirth, or recovery therefrom.
f. There shall not be a break in service, except the employee shall not be entitled to compensation or step increments.
11.6 Bereavement Leave
11.6.1 Bereavement Leave of Absence
A permanent employee shall be granted a paid leave of absence, not to exceed three (3) days (plus an additional 2 days unpaid), or five (5) days paid if long distance travel (300 miles or more) or out of state travel is required, on account of the death of any member of their immediate family. Members of the immediate family, as used in this Section, mean spouse, mother, father, grandmother. grandfather, or a grandchild of the employee or of the spouse of the employee, and the spouse’s, son, step-son, son-in-law, daughter, step-daughter, daughter-in law, brother, sister, brother in law, sister in law of the employee or any relative living in the immediate household of the employee. Other relatives may be at the discretion of the Superintendent. Denial may be appealed to the Board of Trustees.
11.7 Personal Necessity Leave
11.7.1 Personal Necessity Leave (Urgent Need)
a. Reasons for Use
Up to seven (7) days of earned sick leave per school year may be used for personal necessity leave for the following reasons:
Death of a member of his/her immediate family when additional leave is required beyond that provided under Bereavement Leave.
Accident involving his/her person or property, or the person or property of his/her immediate family of such emergency nature that the immediate presence of the employee is required.
Emergency illness, critical illness or surgery of a member of his/her immediate family.
Appearance in any court or before any administrative tribunal as a litigant, party or witness under subpoena or any order made with jurisdiction.
Personal matters which, under the circumstance, the member cannot reasonably be expected to disregard and which require the attention of the employee during his/her assigned hours of service.
b. Notice Required for Use
1). As soon as Reasonably Practical
Employees must provide notice to their direct supervisor as soon as reasonably practical for personal necessity leave for the following reasons:
a. Death of a member of his/her immediate family when additional leave is required beyond that provided under Bereavement Leave.
b. Accident involving his/her person or property, or the person or property of his/her immediate family of such emergency nature that the immediate presence of the employee is required.
c. Emergency illness, critical illness or surgery of a member of his/her immediate family.
d. Appearance in any court or before any administrative tribunal as a litigant, party or witness under subpoena or any order made with jurisdiction.
e. Birth of a child to a member of his/her immediate family.
2) 24 Hours Advanced Notice Required
Employees are required to provide twenty-four (24) hours advance notice to their direct supervisor and request a substitute if necessary for personal necessity leave for the following reasons:
a. Personal matters which, under the circumstance, the member cannot reasonably be expected to disregard and which require the attention of the employee during his/her assigned hours of service.
b. May be used at the member’s discretion to attend an event that is important to the member’s family (e.g. graduation, family reunion, child’s athletic or art event).
3) Documentation of Leave
a. Notice shall be provided via the District's online attendance reporting system; and by notifying their immediate supervisor. The Superintendent may require additional satisfactory proof substantiating the justification for granting of personal necessity leave. Leaves of absence for personal necessity may be granted on no less than a one (1) hour basis for partial days of absence, but not to exceed the total number of hours/partial hours worked per day.
11.7.5 Personal Leave (Non-Urgen Leave)
a. Up to three (3) of the seven (7) days allowed for personal necessity leave may be used for personal leave reasons. The employee is encouraged to notify their supervisor in writing and request a substitute if necessary at least forty-eight (48) hours prior for personal leave.
b. Personal leave MAY NOT be used for the following reasons:
work stoppage or strike
any illegal activity
attendance at activities in order to qualify for incentive growth
vacation or other employment
11.8 Jury Duty
When called for jury duty or for attendance in court during work hours and when the employee is not a litigant, the employee will be granted a leave of absence with pay, less the jury fee received. Employees shall reimburse the District in an amount equal to the jury duty fee received.
11.9 Military Leave
An employee shall be entitled to any military leave provided by law and shall retain all rights and privileges granted by law arising out of the exercise of military leave.
11.10 Family Leave Act
11.10.1 Family Leaves (Unpaid)
Full-time and certain part-time employees shall be entitled to certain additional unpaid leave for (1) personal medical reasons, (2) family medical care, or (3) new child care pursuant to federal and state law. These leaves are covered in Board Policy. An employee should contact District Office personnel in the event he/she believes he/she is entitled to such leave.
11.11 Catastrophic Leave
11.11.1 Definition
“Catastrophic illness or injury” means an illness or injury:
a. That is expected to incapacitate the receiving employee for an extended period of time beyond the employee’s paid leave entitlement (extended sick leave is not considered the employee’s paid leave entitlement in this circumstance), or
b. That incapacitates a member of the receiving employee’s immediate family, which incapacity requires the employee to take unpaid time off from work for an extended period of time to care for that family member, and
c. Which would create a financial hardship for the receiving employee if he/she were required to take extended time off work because he/she has exhausted all of his or her sick leave and other paid time off. Extended sick leave is not considered the employee’s paid leave entitlement in this circumstance.
“Immediate family” means the spouse, mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse of the employee, and the spouse’s son, step-son, son-in-law, daughter, step-daughter, daughter-in-law, brother or sister of the employee or any relative living in the immediate household of the employee. Other relatives may be at the discretion of the Catastrophic Committee.
11.11.2 Donation
Any employee may donate up to the current year’s entitlement of sick or vacation leave to another member of the bargaining unit who meets the criteria above.
a. To donate sick leave, a unit member must retain one year’s entitlement of sick leave on the books.
b. A donating employee may donate a minimum of eight hours of sick leave or vacation hours to another employee who has been deemed eligible to receive this leave.
c. Donated sick leave or vacation hours shall be converted for utilization on an hour for hour basis meaning the recipient shall be paid at his regular rate of pay.
d. The office will credit the receiving employee’s sick account with one (1) day of sick leave or vacation credit from each donating employee in the order in which the office receives the donation. This process will continue until the receiving employee has received the maximum amount of sick leave credit that he/she needs or may accrue without exceeding his/her normal annual work year. If, through the initial process of deducting one day of sick leave credit from each donating employee, the receiving employee does not receive sufficient sick leave credit, the office shall repeat the process by crediting the receiving employee’s account with additional sick leave credits from those employees who wish to donate more than one day of sick leave credit.
e. Employees may not revoke their donation of sick leave credits. Nevertheless, donated leave not utilized by the recipient prior to return to service shall be returned to the donor.
11.11.3 Maximum Days Allowed
The maximum days allowed to be utilized by one employee shall not exceed their normal annual work year.
11.11.4 Status During Leave
Employees who are granted the use of donated leave days shall be considered to be in regular paid status and will continue to earn and accrue all contractual and statutory benefits.
11.11.5 Catastrophic Leave Committee
The Catastrophic Leave Committee, consisting of the Superintendent or designee and two (2) CSEA members will review the request and make the final decision for granting approval.
Any employee returning from catastrophic leave will be reinstated to their former position.
An employee on catastrophic leave for his/her own serious health condition is required to provide a fitness-for-duty certificate from their physician before he/she will be reinstated to employment.