Article IX - Leaves

ARTICLE IX. LEAVES

1. Sick Leave

For a fiscal year of service (full twelve (12) months), every bargaining unit member employed full time shall be entitled to twelve (12) days of sick leave to use in case of personal illness, doctor appointments or injury.

9.1.1 Pregnancy disability shall be treated as an illness for purposes of sick leave.

9.1.2 If a bargaining unit member works less than five (5) days per week, or less than a full year, he/she shall be entitled to sick leave with benefits granted to full-time unit members in the same classification, but such leaves and benefits shall be prorated in the same ratio as the unit member’s work hours per day, days per week, weeks per month or months per year bear to full-time employment.

9.1.2.1 For computational purposes in figuring sick leave for employees paid on an hourly basis, 173.33 hours per month shall be considered full-time employment.

9.1.2.2 Not more than one (1) day of sick leave shall be earned or accrued in any one (1) month.

9.1.3 If such bargaining unit member does not take the full amount of leave allowed in any regular year under this section, the amount not taken shall be accumulated from year to year.

9.1.4 Any bargaining unit member who finds it necessary to be absent from work due to personal illness shall notify his supervisor at the earliest possible opportunity. Such notice should be given not later than one (1) hour before the beginning of a unit member's shift on the day of absence.

9.1.5 At the commencement of each fiscal year, a returning bargaining unit member will be extended sick leave up to the number of days to be earned in that fiscal year. If the bargaining unit member terminates employment after having used more sick leave than the number of days which he/she has earned, the unearned portion will be deducted from the final warrant.

9.1.6 A probationary bargaining unit member will receive no more than six (6) days sick leave credit until the seventh month of service with the District. If the bargaining unit member terminates employment after having used more sick leave than the number of days which he/she has earned, the unearned portion will be deducted from this final warrant.

9.1.7 If no salary is due the unit member who terminates and who has used more sick leave days than he/she has earned, he/she will be billed by the District for the amount which has been overpaid.

9.1.8 Holidays occurring during sick leave are considered as paid holidays.

9.1.9 Sick leave credit is earned during a period of sick leave.

9.1.10 The District may, for absences exceeding three (3) work days or when a "pattern" of potential abuse is determined to exist, require evidence, including a doctor's statement, of the unit member's ability or inability to satisfactorily perform the functions of his position.

9.1.11 A unit member shall be entitled to receive up to five (5) months of "difference pay" in accordance with Education Code section 45196

9.1.11.1 The five (5) month period shall run concurrently with all other leaves.

9.1.11.2 During the five(5) month period, the deduction shall not exceed the sum which is actually paid a substitute employee employed to fill his/her position during the absence.

9.1.12 When a bargaining unit member has exhausted all sick leave, vacation and other leaves due to personal illness or injury, provided the unit member's employment in the District has not otherwise been terminated, a bargaining unit member may request an unpaid leave of absence for up to eighteen (18) months.

9.1.12.1 Such leave shall be at the sole discretion of the District.

9.1.12.2 At the conclusion of all leaves, the bargaining unit member shall be placed on the 39-month reemployment list. (See Article VII, Paragraph E.)

9.1.13 Any unit member returning from any illness or injury leave may be required to undergo an examination by a licensed physician of the District's choice to determine fitness for duty.

9.1.13.1 Such examination shall be at District expense.

2. Personal Necessity Leave

9.2.1 Up to seven (7) days of sick leave earned per fiscal year may be used for personal necessity leave upon request in cases of personal necessity. Personal necessity includes situations that compel an employee to attend to a serious matter during the workday because the matter can neither be accomplished at any other time nor reasonably disregarded.  Leave for this purpose is justified if a reasonable person, the superintendent, would agree that the employee was compelled to be absent for personal business, immediate family illness, or other immediate family reasons that could not be addressed outside work time. (Ed. Code 45191)

Absence for vacation, recreation, concerted activities (e.g., engaging in a strike, demonstration, picketing, lobbying, rally, march, campaign meeting), work stoppage, seeking employment, shopping, traveling, personal monetary gain is not considered personal necessity leave.  Other similar absences, which are not of an urgent nature and can be accomplished at other than work time, do not qualify. Personal Necessity Leave cannot be used on staff development days, the first or last student attendance days of the school year, or the days preceding or following an extended school break except in compelling situations that are requested in writing to the Superintendent.

9.2.2 A unit member who finds it necessary to be absent from duty shall request personal necessity leave from the district as far in advance of the anticipated absence as possible. 

 9.2.2.1 Up to two (2) days per year of the total seven (7), at the discretion of the bargaining unit member.

9.2.3 If an employee takes more than seven (7) personal necessity days in a year, it is unpaid leave. The unit member has the right to request additional consecutive Personal Necessity days, which may be approved at the discretion of the Superintendent.

9.2.3.1 A full-time classified employee who wishes to use more than seven (7) days of sick leave for personal necessity must submit a written request to the district's superintendent for approval.

9.2.4 Except in emergency situations, the district has the right to deny personal necessity leave or limit approval of personal necessity leave if qualified substitutes are not available or the absences would negatively impact the educational program for students. Priority in granting Personal Necessity Leave will be determined by the submission date or emergency situations that occur.

9.2.4.1 Except for matters involving the serious injury of the unit member or the death or serious injury of the unit member's immediate family, or serious accident or similar emergency situations which may also involve the unit member's or the unit member's immediate family's property, the unit member must request in writing personal necessity leave from the superintendent/principal no less than forty-eight (48) hours prior to requesting leave. Every reasonable effort will be made to accommodate the request listed as a reason above.

9.2.4.2 The Superintendent at his/her discretion may grant personal necessity leave for reasons other than those specifically enumerated.

9.2.4.3 The Superintendent may require additional satisfactory proof substantiating the justification fat granting of personal necessity leave.

9.2.5 Leaves of absence for personal necessity may be granted for a minimum of one hour or half shift basis, for partial days of absence, up to a total of seven (7), except for:

9.2.5.1 The two (2) discretionary days, which must be full days/full shift.

9.2.5.2 For absences of less than one hour, employees may use accrued vacation time if sick leave does not apply.

3. Industrial Accident or Illness Leave must have arisen out of and in the course of the employment of the employee and must be accepted as a bona fide injury or illness arising out of and in the course of employment by either the State Compensation Insurance Fund or another canier.

9.3.1 The employee shall notify the District Administrative office immediately when an injury or illness arising out of or in the course of employment occurs.

9.3.1.1 Allowable leave for such accident or illness shall be for sixty (60) working days.

9.3.1.2 Such leave shall commence on the first day of absence.

9.3.1.3 Payment for wages lost on any day shall not, when added to an award granted to the unit member under the Workers' Compensation laws of this state, exceed the normal wage for the day.

9.3.1.4 Leaves of absence under this policy shall not be accumulated from year to year. When the industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only that amount of unused leave due him for the same illness or injury.

9.3.1.5 The leave shall be reduced by one day for each day of authorized absence regardless of a temporary disability indemnity award.

9.3.1.6 Upon exhaustion of industrial accident leave, the unit member shall be entitled to accumulated sick leave benefits under Article IX, paragraph 1, provided, however, that if the unit member continues to receive a temporary disability indemnity, he/she may elect to use only as much of his accumulated sick leave which when added to his temporary disability indemnity will result in a payment to him/her of not more than his/her full daily salary.

9.3.1.7 During any fully paid leave of absence, the unit member shall endorse to the District the temporary disability checks received on account of his industrial accident or illness. The District in turn shall issue the appropriate salary warrants for payment of salary and shall deduct normal retirement and other authorized contributions.

9.3.2 Unless the Board of Trustees authorizes travel outside of California, unit members receiving benefits under this policy during period of injury or illness shall remain in the State of California.

9.3.3 The District Superintendent shall issue a recommendation to the Board of Trustees on each unit member petition for leave under this policy.

9.3.3.1 Bargaining unit members petitioning for such leaves are responsible for furnishing the District Superintendent, upon request, a statement signed b a licensed physician or practitioner verifying the nature of the injury or illness and the number of days of absence tht will be needed for the leave of absence.

9.3.3.2 A second signed physician’s or practitioner's statement may be required of the unit member upon request of the District Superintendent at the end of the unit member's leave of absence certifying that the unit member's condition is satisfactory to warrant a return to service.

4. Extended Illness Leave may only be requested after exhaustion of all accumulated sick leave and/or Supplemental Sick Leave as described in Section A. 10 of this Article and/or accumulated vacation. Such leave is at the sole discretion of the Governing Board.

5. 39-Month Reemployment – If, at the conclusion of all entitlement to leave the unit member is still unable to assume the duties of his/her position, the unit member's active status as an employee shall be terminated and the unit member shall be placed on a reemployment list for a period of thirty-nine (39) months. No additional benefits, salary placement or time of service shall accrue. If able to resume duties of the job for which they were placed on the reemployment list, he/she shall be employed in a vacant position in the class of his 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. A unit member who has been placed on a reemployment list who has been medically released for return to duty, and who fails to accept an appropriate assignment, shall be dismissed.

6. Jury Duty Leave – When called for jury duty or for attendance in a court of civil or criminal proceeding when the unit member is not a party litigant, the unit member will be granted a leave of absence, with pay, but less the jury fee received, for hours the unit member is required to serve not to exceed the normal contracted hours per day.

9.6.1 Bargaining unit members receiving compensation for jury or court duty shall endorse their jury warrant over to the District. If travel pay is issued, the unit member shall request two (2) warrants, one (1) for jury duty and one (1) for travel, so that the jury duty warrant can be endorsed over to the District.

9.6.2 Compensation from jury or court duty not requiring leave from regular assigned hours shall not be paid to the District.

7. Bereavement Leave - Each bargaining unit member may be granted necessary leave of absence, not to exceed five (5) days, to attend a funeral for the death of any member of his/her immediate family.

Members of the immediate family, as used in this section, means the mother, father, grandmother, grandfather, or a grandchild of the employee or the spouse of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, brother or sister of the employee, or any relative living in the immediate household of the employee (EDC 45194).

No deduction shall be made from the salary of such unit member, nor shall such leave be deducted from leave granted by other sections of this Article or provided by the Governing Board of the District

8. Pregnancy Disability Leave - Disabilities caused by pregnancy, miscarriage, childbirth, and recovery there from, shall be treated as sick leave.

9.8.1 The member’s physician shall verify the date on which a unit member is unable to continue work, and the date on which the unit member is able to resume employment.

9.8.2 A bargaining unit member who desires leave past the necessary period of disability must apply for and be granted an appropriate leave.

9. Other Leaves of Absence - Leaves of absence with or without pay, including leave pursuant to Education Code section 45195, may be granted to a unit member on conditions mutually acceptable to the unit member and the District

10. Catastrophic Leave – “Catastrophic Illness or Injury” means 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, 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.

d) "Immediate Family” means the spouse, child, stepchild, foster child, domestic partner, parent or grandparent of the employee living in the employee's household.

9.10.1 Any employee may donate up to the current year's entitlement of sick leave to another member of the bargaining unit who meets the criteria above.

9.10.2 When an employee or a member of his/her family experiences a catastrophic illness or injury, and the employee has exhausted all available sick leave and other paid time off, he/she may request donations of accrued vacation or sick leave credits. In making such a request, the employee shall provide verification of the catastrophic injury or illness in the form of a letter, dated and signed by the sick or injured person's physician, indicating the incapacitating nature and probable duration of the illness or injury.

9.10.3 The process by which sick leave may be contributed shall be in accordance with Board Policy and Administrative Directive 4261.9, "Catastrophic Leave Program". Once notified of a need, Bargaining Unit members may fill out the CONFIDENTIAL AUTHORIZATION FOR CATASTROPHIC LEAVE

DONATION form (Appendix D) within the timelines given for each instance of a need. Employees may not revoke their donation of sick leave credits.

9.10.4 The maximum days allowed to be utilized by one employee shall not exceed their normal work year.

9.10.5 Any employee returning from catastrophic leave will be reinstated to their former position.

9.10.6 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.

9.11 Temporary Extra Work During Absences

When a unit member is either out on sick or other approved leave of absence, the District may offer the extra work opportunities to bargaining unit members when substitutes are not available to cover the unit member on leave.

9.11.1 Notice: Upon determining that extra work exists, District management will notify all unit members of the classification and rate of pay. Unit members interested in being considered for extra work opportunities are required to declare their interest on the District provided sign up sheet.

9.11.2 Selection: Extra work opportunities shall be rotated among part-time employees. With the exception of an emergency or exigent circumstance, such additional work shall be distributed equally among employees in descending order on rotational basis by seniority.

9.11.3 Compensation: Unit members performing temporary extra work shall be compensated according to Article 3.9.2 (Out of Class Pay).