ARTICLE 19
19.1. Types of Leaves
19.1.1. Leaves of absence provided in this contract shall fall into the
following categories:
19.1.1.1.1. Leaves of absence with pay and District-paid fringe
benefits. The following leaves of absence with pay
are provided:
19.1.1.1.1.1. Sick Leave
19.1.1.1.1.2. Industrial Illness or Accident
19.1.1.1.1.3. Bereavement
19.1.1.1.1.4. Personal Necessity
19.1.1.1.1.5. Jury Duty
19.1.1.1.1.6. Court Appearance
19.1.1.1.1.7. Personal Business
19.1.1.1.1.8. Paid Military
19.1.1.1.1.9. Sabbatical
19.1.1.1.1.10. Association Business
19.1.1.1.1.11. Layoff Leave
19.1.1.1.1.12. Professional Conference Leave
19.1.2. The following leaves of absence without pay are provided:
19.1.2.1. Improvement of Health
19.1.2.2. Educational Improvement
19.1.2.3. Opportunity
19.1.2.4. Maternity
19.1.2.5. Parental
19.1.2.6. Political
19.1.2.7. Religious Observance
19.1.2.8. General
19.1.2.9. Pre-Retirement
19.1.3 A unit member may elect to continue medical, dental and vision coverage while on unpaid leave as provided in Article 16, §16.6 of this Agreement. A unit member may elect to continue medical coverage while on a paid leave as provided in Article 16, §16.6 of this Agreement.
19.2. General Policies Governing Leaves of Absence
19.2.1. No leave will be considered an interruption in continuity of
service.
19.2.2. Any unit member on a leave, paid or unpaid, for one (1) school year or less shall be returned to the same assignment held prior to the beginning of the leave, if that assignment still exists. If the assignment does not exist, the unit member shall be given a similar assignment at the same school. If no similar assignment exists at the same school the unit member shall be returned to a position, subject to the transfer procedures.
19.2.3. The parties shall maintain a list of temporary employees
hired to fill the assignment of unit members on leave
pursuant to this section.
19.2.4. Unit members returning from a leave, paid or unpaid, greater than one (1) school year shall have the opportunity to return to the same assignment if a vacancy exists. If the assignment is not vacant, the unit member shall be offered a vacant position at the same school. If there is no vacancy at the same school site, the unit member shall be returned to a position, subject to the transfer procedures. A vacancy is defined as a position not held by a probationary or permanent unit employee.
19.2.5. Requests for leave must be submitted to the Personnel
Services Office on the appropriate form. With agreement of
the District a unit member may return from leave prior to the
previously stated return date.
19.2.5.1. Any forms used for requesting or reporting leaves must be
mutually agreed upon by the District and the Association.
19.2.5.2 The District reserves the right to require verification of absences if the number of absences becomes excessive or has an identified pattern.
19.2.5.3 Verification of the cause of absence and/or the unit member’s fitness to return to work by a licensed physician or recognized practitioner of a church must be presented before allowing payment for six (6) or more consecutive days of absence due to illness or accident.
19.2.6. A one (1) year unpaid leave shall be extended for a second year provided that the Personnel Services Office receives a request to extend the leave for a full second year no later than April 15 of the school year preceding that for which the extension is sought. With agreement of the Personnel Services Office, a unit member may be granted a leave extension requested after April 15. Except as provided by statute, the maximum allowable unpaid leave of absence is two (2) consecutive school years.
19.2.6.1. For purposes of this section a school year is defined as 75%
of the required days of service for the unit member.
19.2.7. A unit member need not be granted an Improvement of Health, Educational Improvement, Opportunity, or Parent Leave if that unit member is under active consideration for a disciplinary termination at the time the request for leave is made. If a request for such leave is denied due to a pending disciplinary termination, the unit member shall be so informed in writing of the denial and the reason therefor within one (1) week from the date of the receipt of the request.
19.2.8. For all absences subject to a daily rate reduction, the daily rate of pay shall be determined by dividing the annual rate of pay by the number of days in the unit member's work year. The daily rate of pay so determined shall be deducted for each working day (days the unit member is required to be on duty) that the unit member is absent from duty.
19.2.9. When a leave is granted, the recipient has a contractual
obligation to the District to utilize the leave period for the
purpose specified.
19.2.10. Retirement credit shall not be earned for any leave of
absence without pay. The unit member on leave of absence
with pay shall earn retirement credit in accordance with the
Education Code.
19.2.11. A unit member requesting Educational Improvement or Opportunity Leave shall submit that request in writing no later than April 15 for leaves commencing the following school year. If the leave requested is to commence in the spring semester, the written request shall be submitted no later than December 15. With agreement of the Director of Certificated Personnel, a unit member may be granted such leave requested after April 15 or December 15. Once requested the leave must be taken unless otherwise agreed by the unit member and the District.
19.2.12. The District shall attempt to establish and maintain a list of
qualified substitutes for bargaining unit positions.
19.2.13. A unit member who becomes ill or must be absent for some
other reason must report the need for a substitute by calling
the service. The District will make an effort to provide a
specifically requested substitute teacher.
19.2.14. Unit members shall not be required to substitute for other unit members except in cases of emergency. An emergency for the purposes of this provision exists when for reasons of availability or time, the District is unable to provide a qualified substitute. Nothing in this provision shall prevent any unit member from volunteering to cover an assignment of another unit member.
19.3. Sick Leave
19.3.1. Annually, each unit member shall be granted sick leave at the rate of one day per month to a total of ten (10) days with full pay to be used in cases of accident, illness or quarantine. All annual days shall be credited to each unit member at the beginning of each school year. Any days not used will be accumulated indefinitely by the unit member for use if necessary during succeeding years.
19.3.2. Unit members shall receive an annual accounting of accumulated sick leave, plus the number of days to which the unit member is entitled for the current school year, no later than November 1 of each year.
19.3.3. Disabilities caused or contributed to by pregnancy and recovery therefrom shall be treated like any other temporary disability and shall be covered by sick leave provisions. The length of disability shall be determined by the unit member and the unit member's medical advisor. Each pregnant female unit member shall be entitled, upon request, to an unpaid leave of absence as provided in §19.17 (Pregnancy & Maternity Leave), in addition to or in place of sick leave.
19.3.4. Effective January 1, 1999 the District shall comply with the provisions of: Ed. Code §44977, and Ed. Code § 44978.1. In summary these sections provide for the following:
19.3.4.1. After all accumulated sick leave days at full pay have been used and additional absence due to illness or accident is necessary, the unit member shall receive the difference between his/her own salary and the amount which would have been paid to a substitute, had one been employed, up to a total of five (5) school months.
19.3.4.2. Sick leave, including accumulated sick leave, and the five- month period shall run consecutively.
19.3.4.3 An employee shall not be provided more than one five-month period per illness or accident. However, if a school year terminates before the five-month period is exhausted, the employee may take the balance of the five-month period in a subsequent school year.
19.3.4.4 An employee who is placed on a 24-month or 39-month reemployment list pursuant to Ed. Code § 44978.1 may request an “Improvement of Health” leave pursuant to section 19.14 of this article. This leave may be extended pursuant to section 19.2.6 of this article.
19.3.4.5 Return rights from an “Improvement of Health Leave” shall be consistent with the agreement (e. g. sections 19.2.2 & 19.2.4).
19.3.4.6 The period of time spent on an “Improvement of Health” leave shall run concurrently with time spent on a 24-month or 39-month reemployment list.
19.3.4.7 If an employee is medically able to return to his/her duties after he/she has exhausted his/her “Improvement of Health Leave,” but prior to being released from employment (e.g. expiration of the 24-month or 39-month reemployment list) the employee shall be returned to the next available vacancy for which he/she is credentialed and qualified.
19.3.4.7.1 If more than one vacancy exists, the Director of Certificated Personnel shall solicit from the employee his/her preference.
19.3.4.7.2 The Director shall discuss the placement with the principals at the schools identified as a preference. If deemed appropriate by the Director, an interview may be scheduled at one or more of the schools.
19.3.4.7.3 It is desirable that the unit member be placed in an assignment that maximizes the possibility of the unit members’ success. Therefore, the Director will continue to work with the unit member and the principal to insure a mutually satisfactory and agreeable placement.
19.3.4.7.4 If it becomes necessary, the Director shall make the final placement.
19.3.5. Unused sick leave days shall be transferred pursuant to
§44979 (Ed.C.) when a unit member transfers to another
district.
19.4. Industrial Accident
19.4.1. Allowable leave for industrial accidents and illnesses shall be for a maximum of sixty (60) days during which the schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year of the same accident.
19.4.2. Allowable leave for industrial accident or illness shall not be
accumulated from year to year.
19.4.3. Industrial accident or illness leave shall commence on the
first day of absence.
19.4.4. When a unit member is absent from his/her duties on account of any industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to this temporary Workers Compensation benefit, will result in payment to him/her of not more than his/her full salary.
19.4.5. Industrial accident or illness leave shall be reduced by one
(1) day for each day of authorized absence regardless of a
(2) temporary disability indemnity award.
19.4.6. When an industrial accident or illness leave overlaps into the
next fiscal year, the unit member shall be entitled to only the
amount of unused leave due him/her for the same illness or
injury.
19.4.7. Upon termination of the sixty (60) days of industrial accident or illness leave and if the unit member is not medically able to return to work, he/she shall be entitled to sick leave, and for the purposes of each of these sections, his/her absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that if the unit member continues to receive temporary Workers Compensation benefits, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary Workers Compensation benefits, will result in a payment to him/her of not more than his/her full salary.
19.4.8. During any paid leave of absence, the unit member shall endorse to the District the temporary Workers Compensation checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the member's salary and shall deduct normal retirement and other authorized contributions.
19.4.9. The unit member shall qualify for the provisions of this policy
when he/she assumes a regular position with the District.
19.4.10. Any unit member receiving benefits as a result of this
section, shall, during periods of injury or illness, remain
within the State of California unless the Governing Board
authorizes travel outside the state.
19.4.11. A unit member requesting or claiming leave of absence for an industrial accident or illness is required to provide a doctor's statement verifying that the unit member is unable to fulfill his/her regular duties because of the injury or illness.
19.4.12. A unit member returning to his/her position from an industrial accident or illness leave, granted under the provisions of this policy, is required to submit a doctor's statement verifying that he/she is able to resume the responsibilities of his/her position.
19.5. Bereavement
19.5.1. A unit member shall be granted up to a maximum of four (4) days leave on full pay with no deduction of sick leave in the event of death of a member of the immediate family or five (5) days if travel beyond two hundred (200) miles (one way) is required, or ten (10) days if travel beyond the continental United States is required. A unit member may elect to use as additional bereavement leave all or a portion of the ten (10) days of personal necessity leave. For purposes of this section, “immediate family” includes dependents of unit members who have qualified for coverage under the CalPERS Health Program (Article 16), as well as those included in section 1.2.3.
19.6. Personal Necessity
19.6.1. Personal necessity leave shall be limited to circumstances serious in nature which the employee cannot reasonably be expected to disregard, as opposed to leaves taken at employee choice such as vacation or recreation activities. Absences pursuant to this leave provision normally necessitate the employee's immediate physical presence elsewhere and involve matters which cannot be accomplished at any other time. Every unit member shall be entitled to use ten (10) days of his/her paid sick leave allotment during each school year in case of personal necessity. A unit member is encouraged to, but shall not be required to, secure advance permission to use personal necessity leave for the following reasons:
19.6.1.1. Death or serious illness of a member of his/her immediate
family.
19.6.1.2. Accident, involving his/her person or property, or the person
or property of a member of his/her immediate family.
19.6.1.3. Funeral of a relative or friend not living in household.
19.6.1.4. Maternal/Paternal - Birth of his/her child, or upon his/her
adoption of a child. An additional ten (10) days of accrued accumulated sick leave may be utilized for adoptions which require the unit member to travel outside of the United States and the continent of North America.
19.6.1.5. Observance of a religious holiday or activity of his/her faith.
19.6.2. A unit member shall attempt to give prior notification when
using personal necessity leave for the following reasons.
19.6.2.1. The presence of the unit member is required to deal with a
matter which is not covered under District leave of absence
regulations.
19.6.2.2. The matter cannot be dealt with outside of the unit member's
working day.
19.6.2.3. Observance of a religious holiday or activity of his/her faith.
19.6.3. As soon as practical, the unit member shall fill out the
appropriate absence verification form for Personal Necessity
Leave. This leave shall not be taken as part of a concerted
work stoppage or slowdown.
19.6.4 For purposes of this section (19.6) “immediately family” includes dependents of unit members who have qualified for coverage under the CalPERS Health Program (Article 16) as well as those included in section 1.2.3.
19.7. Jury Duty
19.7.1. Leaves of absence shall be granted to unit members called for jury duty at full pay. Pay granted for such leave shall be the regular rate of pay less the amount paid as a jury fee - not including mileage or other expense reimbursement. Service on jury duty which involves being “on call” shall require the unit member to be present on site except for the time when actually in attendance at the court house.
19.8. Court Appearance
19.8.1. A paid leave of absence shall be granted a unit member to appear as a witness in court other than as a litigant or to respond to an official order from another governmental jurisdiction for reasons not brought about through the connivance or misconduct of the unit member.
19.9. Military
19.9.1. Unit members who are members of any reserve corps of the Armed Forces of the United States or of the National Guard, or who are inducted, enlist, or are otherwise ordered to active military duty shall be granted such leave and military leave pay as is provided in the Military and Veterans Code. Unit members shall request that such service be scheduled to not interfere with the school year.
19.10. Sabbatical
19.10.1. The Board of Education may grant sabbatical leaves of
absence for one year or one (1) semester.
19.10.2. Sabbatical leave may be granted for the following purposes:
to engage in professional study, independent study, travel or
research.
19.10.3. It is understood that such leave is granted not as a reward
for work already performed but rather as an opportunity to
prepare for improved service which will benefit the schools
and pupils of the district.
19.10.4. A professional study or research leave is one during which
the unit member pursues a program of a minimum of eight
(8) units each semester, or the equivalent, in an accredited
institute of higher learning. The course must relate to the
present or prospective service of the unit member and
preferably should qualify him/her for another credential or
degree.
19.10.5. A study leave taken for the purpose of pursuing a program of
independent study or research must be related to the
present or prospective service and must be under the
guidance of a sponsor authorized by the Sabbatical Leave
Review Committee. This sponsor can be an institution of
higher learning, the District, a foundation, or similar agency.
The program must be at least equivalent in effort and
content to the required units as outlined above. A complete
plan for such study must be approved by the sponsor and
filed with the original application for leave.
19.10.6. Applicants who desire to travel shall submit a detailed plan
of the proposed travel and an explanation of how the travel
will relate to the school work of said unit member.
19.10.7. Any change of plan must be requested in writing and
approved in advance.
19.10.8. Sabbatical study should be performed during the period of
leave. Special consideration may be given in instances
where deviation seems desirable.
19.10.9. Eligibility for Sabbatical Leave
19.10.9.1. Any unit member is eligible to apply who has served the
District for seven (7) consecutive years prior to his/her
application in a full-time capacity and who agrees to abide by
all the conditions.
19.10.9.1.1. Qualifying service shall be construed as seventy-five percent (75%) of the teaching days for each school year, except that a year in which the applicant has rendered some service but has failed to serve seventy-five percent (75%) of the teaching days, shall not be counted as an interruption of the seven (7) year consecutive period.
19.10.9.2. Sabbatical leave shall not be considered for a unit member
who shall have reached the age of sixty (60) before July 1 of
the year in which his/her sabbatical leave would begin.
19.10.9.3. A health certificate shall be presented indicating that the
applicant is in satisfactory physical condition to pursue
his/her leave of absence program.
19.10.9.4. Applications for Sabbatical Leave
19.10.9.4.1. All applications for sabbatical leave shall be submitted
on forms provided and shall include a full statement of
the purpose and plans for use of such a leave.
19.10.9.4.2. Applications shall be submitted by March 1 prior to
the school year leave is to be taken. Unusual
circumstances will be considered by the Sabbatical
Leave Review Committee.
19.10.10. Rate of Pay
19.10.10.1. Sabbatical leaves may be granted for one (1) or two
(2) semesters.
19.10.10.1.1. A unit member who is granted a leave for two (2)
semesters shall receive fifty percent (50%) of his/her
salary. A unit member awarded a leave for one
semester may receive one hundred percent (100%) of
his/her salary for that semester.
19.10.11. The applicant who has been granted sabbatical leave and
has complied with the provisions under which such leave
was granted will receive fifty percent (50%) of his/her regular
salary for the period of time for which the sabbatical leave
was granted (except as noted above) computed on a
monthly basis; however, the compensation for any
employment accepted during sabbatical leave shall not
exceed the difference between the regular salary the unit
member would have received had he/ she remained on duty
and any other remuneration he/she might receive during the
sabbatical leave year. The unit member may continue
rendering any form of outside employment rendered
concurrently with his/her regular service to the District
provided there is no increase in such service.
19.10.12. Bond Required
19.10.12.1. The unit member shall furnish a bond indemnifying
the District for the amount of sabbatical leave pay in
the event he/she fails to render at least two (2) years
of service in the employ of the District following
his/her return from the sabbatical leave of absence.
19.10.13. Effect of injury or illness
19.10.13.1. In case of injury to or other illness of the unit member
during leave which prevents his/her completing the
purpose of the leave, the sabbatical leave will be
terminated and all provisions for sick leave will apply.
If injury, illness, or death prevents the unit member
from fulfilling his/her agreement to return to service in
the District for at least two (2) years, no repaying of
leave salary will be required.
19.10.14. Retirement
19.10.14.1. Sabbatical leave shall count toward retirement and
the retirement and annuity contributions shall be
deducted from warrants in the usual manner.
19.10.15. Filing of Report on Study
19.10.15.1. Not later than the day on which he/she returns to
active service in the District, unless granted an
extension by the Superintendent, the unit member
who has taken sabbatical leave will file with the
Superintendent a detailed report giving evidence that
the program of study agreed upon has been carried
out.
19.10.16. Return to Salary Schedule and Use of College Credits on
Schedule
19.10.16.1. College credits earned during sabbatical leave may
be utilized to meet the requirements for one (1)
growth hurdle on the salary schedule and for change
of classification if the credits are in accordance with
salary schedule requirements. The unit member's
salary upon return to service will be in accordance
with salary schedule regulations, with advancement
computed as though the unit member were on regular
duty.
19.10.17. Restrictions on Number Granted Sabbatical Leave and
Expenditure Allowed
19.10.17.1. A maximum of twenty thousand dollars ($20,000) may
be budgeted in any one (1) year for sabbatical leave
salaries. Not more than ten (10) unit member shall be
granted sabbatical leave during the same year. The
Sabbatical Leave Review Committee shall approve
applications based upon benefits to the District and
recommend an appropriation to fund such leaves.
19.10.18. Other Details of Policy and/or Procedure
19.10.18.1. The Superintendent and the Sabbatical Leave Review
Committee with the approval of the Board of
Education are authorized to establish such further
details of policy and procedures governing sabbatical
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