Article V - Leaves of Absence

5.1 PAID LEAVE

5.1.1 Sick Leave 

1. Every certificated employee employed five days a week shall be entitled to ten (10) days leave of absence for illness*, injury*, or personal necessity* during the school year. Sick leave is defined as time taken by an employee to care for oneself. Unit members may use sick leave for their own medical appointments. Unused sick leave shall accumulate year to year without limit.*See corresponding sections for definitions

2. A certificated employee working less than full-time or less than a full year shall be granted a leave of absence for illness, injury, or personal necessity in the same ratio that the employment bears to full-time.  

3. Use of current annual sick leave need not be accumulated prior to taking such leave.  When an employee has exhausted the accrued annual ten (10) days of earned sick leave, absences beyond that period shall be continued with pay for a period of 100 working days.  During the 100-day period, the employee shall first use any accumulated unused sick leave.  If an employee's accrued sick leave is exhausted during the 100-day period, the employee shall have deducted from his/her monthly salary the sum actually paid to the substitute to fill the position, or if no substitute is hired, the amount which would have been paid the substitute had one been employed.  In case of absence in excess of 110 days during the school year, an employee may use any unused accumulated sick leave.  Upon exhaustion of accumulated unused sick leave, the employee shall be granted a leave of absence without pay for the remainder of the school year. (Education Code 44977)

4. Any absence due to illness or accident shall be verified by the absentee's affirmed statement specifying the nature of the illness or accident.

5. Any absence due to illness or accident for ten or more consecutive days may be required to be verified by the absentee's physician or recognized practitioner of those who follow a well-recognized faith that depends upon prayer for healing.

6. Upon request, the Board shall make each teacher a written statement of his/her accrued sick leave total, including entitlement for the current school year, available no later than October 1 each school year.

5.1.2 Personal Necessity Leave

1. Personal necessity includes situations that compel a teacher 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 teacher was compelled to be absent for personal business, immediate family illness, or other immediate family reasons that could not be addressed outside work time. (Education Code 44978)

2. 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.

3. Provided that qualified substitutes are available and the absence would not negatively impact the educational program for students, a maximum of ten days of annual paid sick leave may be used for personal necessity during any one school year.

4. 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. 

5. Within the 10 days, the employee may take up to 2 days of No-Tell Personal Necessity Leave. No-tell leave is used when the Unit Member deems it sufficiently important to be absent for their duties. No-tell leave cannot be used on staff development days, the first or last student attendance day, or the days preceding or following an extended school break. No-Tell leave cannot be used to participate in concerted activities (e.g., engaging in a strike, demonstration, picketing, lobbying, rally, march, campaign meeting), or work stoppage.

6. If an employee takes more than two no-tell days, 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.

7. A full-time certificated employee who wishes to use more than ten (10) days of sick leave for personal necessity must submit a written request to the district's superintendent for approval.

8. 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.

5.1.3 Bereavement Leave

1. Each certificated employee of the Newcastle Elementary School District is entitled to five (5) days leave of absence for the death of any member of his immediate family.  Bereavement leave may be applied for in writing to the Superintendent for other members of the family or friends.  No deduction shall be made from sick leave or salary of such employee on account of such leaves of absence.  The Board or designee may extend the benefits of this section based on location or need. Additional time would be taken as personal necessity leave.

2. The five (5) days of Bereavement Leave do not need to be consecutive. However, the five (5) days must be taken within the same school year.

3. Immediate family shall include, but not be limited to, the following:  Mother (stepmother), mother-in-law, father (step-father), father-in-law, husband, wife, domestic partner, son (step-son), daughter (step-daughter), brother, sister, grandparent, legal guardian, foster children, grandchild of the unit member or spouse, or any person living in the immediate household of the unit member.

5.1.4 Military leave

1. Military leave will be granted to those eligible.  The tenure status of a certificated employee shall not be affected by virtue of his or her involuntary induction or call to active duty in any branch of the armed forces of the United States of America or the State of California.

5.1.5 Leave for Judicial and Official Appearances

1. Each certificated employee shall be entitled to leave without loss of pay to appear in court as a witness, other than as a litigant, to respond to an official order from duly authorized government agencies, or to serve as a juror.

2. The Unit Member should indicate to the court that they receive their regular pay while on leave for judicial and official appearances. Any compensation received for appearances as a witness or for serving as a juror shall be endorsed over to the District so that the employee's compensation for any days of absence for the above purpose shall not be in excess of, or less than, his regular pay. (Education Code 44037)

3. Persons requesting leave under this policy shall submit to the office a copy of the subpoena, proof of service for jury duty, or summons requiring their appearance.  The Board shall pay the regular salary to teachers called to serve as jurists or subpoenaed to appear before legal and quasi-legal review panels as witnesses.

5.1.6 Industrial Accident or Illness 

A certificated employee shall be provided leave of absence for industrial accident or illness under the following rules and regulations:

1. The accident or illness 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 the State Compensation Insurance Fund.

2. Allowable leave for each industrial accident or illness shall be for the number of days of temporary disability but not to exceed sixty (60) days.

3. Allowable leave shall not be accumulated from year to year.

4. The leave under these rules and regulations will commence on the first day of absence.

5. When a person is absent from his duties on account of industrial accident or illness, he shall be paid such portion of the salary due him for any month in which absence occurs as will result in a payment of not more than his full salary to him.

6. Industrial accident or illness leave shall be reduced by one day for each day of authorized absence, regardless of a temporary disability indemnity award.

7. When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him for the same illness or injury.

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

9. Any employee receiving benefits as a result of these rules and regulations shall, during period of injury or illness, remain within the State of California unless the Board authorized travel outside the State.

10. Upon termination of the industrial accident or illness leave, the employee shall be entitled to sick leave benefits, and the absence for such purpose shall be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that if the employee continues to receive temporary disability indemnity, he may elect to take as much of his accumulated sick leave which when added to his temporary disability indemnity will result in payment to him of not more than his full salary.

5.1.7 Family Medical Leave Act (FMLA) and California Family Medical Leave Act (CFRA): These are granted as authorized by state and federal law. NESD Administrative Regulation 4161.8 Family Care and Medical Leave 

1. Employees who have completed one year (twelve months) of service for the District and at least 1,250 hours of service during the previous one year (twelve months) period have the right to an unpaid leave of absence for up to 12 work weeks within a rolling 12-month period for the purpose of the employee's own serious health condition, caring for a new baby, a newly adopted child or a newly placed foster child or for a child, spouse, or parent with a serious health condition. 

2. Family leave under this section shall be unpaid unless it is taken pursuant to 5.1.7.1 (Pregnancy Disability), 5.1.7.2 (Child Bonding [if the employee elects to exhaust his/her earned and accumulated sick leave]), above or is taken due to the employee's own serious health condition. 

3. The employee's earned and accumulated sick leave (Section 5.1.1 A) and the 100 days of differential pay (Section 5.1.1 C) shall run concurrently with FMLA or CFRA leave when it is used for purposes of the employee's own serious health condition other than pregnancy disability. 

4. There is no carry-over of unused leave FMLA, CFRA, or bonding leave under Education Code section 44975 from one 12-month period to the next 12 months. 

5. "Parent" means a biological, foster, or adoptive parent, a step-parent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. Child" means a biological, adopted, or foster child, stepchild, legal ward, or child of a person standing in loco parentis who is either under 18 years of age or an adult dependent child who is incapable of self-care because of a mental or physical disability. 

6. If both parents of a child who are entitled to family care leave are employees of the District, the District shall grant leave in connection with the birth, adoption, or foster care of a child. 

7. The employee shall provide reasonable advance notice to the District of the need for family care leave, the date the leave will commence, and the estimated duration of the leave. If the need for leave becomes known more than thirty (30) days prior to the date a leave is to begin, the employee must provide at least thirty (30) days written advance notice. 

8. If verification is required by the District to verify the serious illness of the child, spouse, or parent, the District will accept medical verification by the treating health professional. 

9. Unit members may use sick leave as set forth in this article for disabilities due to pregnancy, miscarriage, or childbirth. The period of paid absence shall be limited to that period of medical disability as verified by the physician/practitioner. At least ten (10) days prior to returning to employment, unit members shall notify the District of their intention to return. They shall include a written approval of the attending physician/practitioner. 

10. A unit member returning from such leave of absence shall return to the position previously held. 

5.1.7.1 Pregnancy Disability

A. The District shall provide for leave of absence from duty for any unit member who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. The length of the leave of absence, including the date on which the unit member shall resume duties, shall be determined by the unit member and the unit member's physician. Disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom are, for all job-related purposes, temporary disabilities and shall be treated as such under any health or temporary disability insurance or sick leave plan available in connection with employment by the district. 

5.1.8 Catastrophic Leave 

1. Creation - The Association and the District created the NTA Catastrophic Sick Leave Bank (“Bank”). Individual members of the Association may not contribute earned or accumulated sick leave days to other members outside the Bank.

1. Days in the Bank shall accumulate from year to year, and the balance shall be reported by October 31st of each year to the Association.

2. Days shall be contributed to the Bank and withdrawn from the Bank without regard to the daily rate of pay of Bank participants.

3. A four-member committee shall determine whether to approve requests to withdraw from the Bank. NTA shall appoint one elementary teacher and one intermediate teacher to serve on the committee. The other two members shall be the administrator from the site where the request originates and the Superintendent.

2. Eligibility and Contributions - In order to be eligible to contribute to the Bank, a unit member must at least be in his/her second year of employment with the District (this includes unit members who have not joined NTA). Unit members in their first year of employment may not participate.

1. Participation is voluntary. Unit members who do not contribute to the Bank may not withdraw from the Bank.

2. Unit members may choose to begin participating in the Bank during an annual open enrollment period. The District shall provide unit members with a form for this purpose.

3. Eligible Unit members who elect to participate in the Bank shall have one day each year in August deducted from that unit member’s sick leave until the Bank reaches a minimum of sixty (60) days. Such deductions are irrevocable.

4. Participation shall continue from year to year until a unit member decides to withdraw during an open enrollment period. The annual open enrollment period shall be from the first day that teachers begin work each year until October 10th.

5. Participants shall contribute one day of sick leave per year. Participants who have withdrawn days from the Bank may choose to contribute the same number of days withdrawn in future years.

6. Unit members shall cease participating in the Bank if they withdraw their enrollment in the Bank.

7. Participants may not direct contributions to a specific person.

8. The Association may submit a request to the Committee to withdraw days on behalf of a participant.

3. Withdrawals from the Bank - In order to be eligible to withdraw from the Bank, the participant must satisfy all of the following requirements:

1. Participants must have used all of their current and accrued sick leave to be eligible to withdraw from the Bank. (Ed. Code Section 44043.5)

2. The participant or his/her family member, as defined by Article V, Section 3. B, suffers from a “catastrophic illness” or “injury”, which is defined as an illness or injury that is expected to incapacitate the employee for an extended period of time, or that incapacitates a member of the employee’s family which incapacity requires the employee to take time off from work for an extended period of time to care for that family member, and taking extended time off work creates a financial hardship for the employee because he or she has exhausted all of his or her sick leave and other paid time off. (Ed Code Section 44043.5)

3. Participants applying to withdraw from the Bank will be required to submit a doctor’s statement indicating the nature of the illness and the probable length of absence from work.

4. Withdrawals from the bank shall be granted in increments of no more than ten (10) days.

5. Days may not be withdrawn from the Bank to be used for an illness or injury which qualifies the unit member for worker’s compensation benefits.

6. If the Bank does not have sufficient days to fund a withdrawal request, the request shall be denied.

7. Once the Bank reaches less than forty (40) days it will trigger open enrollment for the next school year and automatic contributions of days will continue until sixty (60) days are in the Bank.

5.1.9 Staff Development/Professional Development Leave

1. A teacher may request Staff Development Leave to visit classes and observe teachers in other school districts or to attend workshops or conferences related to his/her responsibilities.

a. This leave must be requested for approval at least two (2) weeks in advance and be submitted in writing on the appropriate District form(s) to the Superintendent. All justification and documentation must be included.

b. Any necessary fees/expenses, including mileage, shall be subject to approval and payment according to District Policy, state, and federal guidelines.

c. The criteria for Superintendent to approve/disapprove shall be one (1) or more of the following:

1. Part of the teacher’s evaluation plan for performance

2. To provide ‘instructional information’ back to teaching staff

3. Directly related to the teacher’s current grade level or assignment and within District instructional guidelines

4. Recommended by the Site Administrator

d. If a request for staff development does not meet the criteria, a teacher can choose to use personal necessity time to attend the desired workshop and must then pay for all associated expenses.

e. If the request does meet the criteria, but teachers want to purchase units to use toward column movement, the district will pay registration cost only, but the teacher must use personal necessity time rather than district business to attend the workshop. 

5.2 UNPAID LEAVES

5.2.1  The Board may grant unpaid leaves of absence, not to exceed one school year, to bargaining unit members for any reason which may be approved by the Board.

5.2.2  Applicants for such leave shall make a written request at least sixty (60) days before the requested start date of leave.  Exceptions to this notice may be granted where circumstances clearly preclude such notice.

5.2.3  Unit members on approved unpaid leave may maintain participation in fringe benefits package provided by this agreement at their own expense.

5.2.4  Unit members on approved unpaid leave may return to the same position they held immediately prior to going on leave if the leave is equal to or less than one (1) school year. The District and unit member, prior to granting and acceptance of unpaid leave, must mutually agree upon a return to the same position if the leave is more than one (1) school year.

5.2.5 Job-Sharing Leave

1. A “job share” is defined as two unit members sharing one (1) full-time position for a full school year. Applicants for job-sharing leave must submit a written proposal to the Superintendent no later than February 15 of the preceding school year. Unit members allowed to participate in a job share must sign a job share agreement with the District no later than March 1 for the following school year. The Board of Trustees shall determine whether to grant or deny a proposed job share leave.

2. Job share proposals must include:

1.  Proposed work schedule

2.  Benefits to students being served; and

3.  Advantage(s) to the instructional program

3. Each employee team in a shared teaching assignment assumes the same commitment as a full-time teacher with the following clarifications:

1.  Participation in Back to School Night, Open House, and non-student Professional Development Days is required by both team members.

2.  For parent-teacher conferences, both team members will coordinate and make every effort to fully participate in all conferences.

3.  Coordinate attendance at staff meetings and professional learning communities. Occasional essential site-wide initiatives may require both partners in attendance.

4.  Coordinate acceptance of student supervisory duties.

5.  Coordinate participation in student-centered meetings (i.e. SST, IEP, etc.) between the team so that relevant information is presented and received.

4. Job share leaves shall terminate at the end of each school year. If the partners request to extend the job share beyond two years, the Board will require the unit member on leave to resign a portion of their contract to remain in the job share. The vacant position created by the partial resignation for a job-sharing leave shall be filled per Article VI, Section C. The employees must reapply, in writing, by February 15 if they are seeking to extend the job share.

5. If one partner resigns or is unable to fulfill his/her duties, the remaining partner shall be offered the other partner’s portion of the job share for the remaining portion of the school year before it is offered to other unit members, a substitute, or the public. If the remaining partner does not accept the other partner’s portion, the district may use an expedited posting process of three days.

5.2.6 Association Leave

1. The Association President or his/her designee shall be provided five (5) personal days leave each school year for the purpose of association business.  The Association President shall provide the District with two (2) days notice of utilization. The Association may reimburse the District for actual costs of any substitute(s) hired due to utilization of this leave.