ARTICLE 19

 

LEAVES OF ABSENCE

 

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

                      leave as may be necessary from time to time.

 

19.10.19.        Sabbatical Leave Review Committee

 

19.10.19.1.          The Sabbatical Leave Review Committee consisting of the Superintendent or his designee, one (1) School Board Member, Director of Personnel Services, two (2) elementary, one (1) middle, and two (2) high school unit members, and two (2) principals shall be appointed by the Superintendent and approved by the Board no later than November 1 of each year. Of the initial appointees one (1) principal and two (2) of the unit members shall serve a one (1) year term. Which members are to serve such one (1) year terms shall be decided by lot. Subsequent terms of appointment for the unit members and principals shall be two (2) years. This committee will review all applications and make recommendations. It shall also be responsible for setting up criteria for the evaluation of all applications and circulating such criteria to each school by February 1. Recommendations of this committee shall be submitted to the Board of Education for final decision.

 

 

19.11.       Association Business

 

19.11.1.          The Association may designate members to conduct

                  business during school hours. The Association shall be

                  provided 1 day for every 20 FTE unit members. All but

                  twenty-three (23) of these days shall be for activities

                  consistent with the District's goals for staff development. At

                  the conclusion of each school year the Association must

                  verify that any days used beyond twenty-three (23) days

                  were used for activities consistent with the District's goals for              staff development.

 

19.11.2.          The ratio of 1:20 shall sunset on June 30, 2004.

 

19.11.3.          No individual unit member shall use more that ten (10) days

                           in a school year. Such days shall not include release time

                           provided for processing grievances or negotiating. The

                           Association shall reimburse the District for Association

                           Leaves in an amount sufficient to pay for a substitute or

                           temporary employee as appropriate.

 

 

19.12.       Association President Leave

 

19.12.1        The Board shall grant, upon request, a paid leave to the                      President of the Association during his/her term of office.                            The Association shall reimburse the District for the actual                            amount of the President’s dental and vision benefits                                  and the total salary and fixed costs of a Class I, Step 1                      teacher including State Teachers' Retirement System                                     contributions.

 

19.12.2            The District shall bill the Association for all costs related to

                           Association leave on a quarterly basis.

 

19.12.3        Upon completion of his/her term of office, the MDEA                                    president shall be offered an assignment at his/her previous                        work site provided that the assignment has not been                                 eliminated. An assignment shall be defined at the                                   elementary level as either primary (K-3) or intermediate (4-                   5). A secondary assignment shall be defined as the                                 department or core area previously assigned. The returning                        president may decline this option and exercise involuntary                            transfer return right (pursuant to Article 5, Transfer) by                        selecting from the vacancy list prior to the first posting.

 

 

19.13.       Professional Conference Leave

 

19.13.1.          A unit member who is an officer of a state, regional or national education organization, which has the improvement of instruction or curriculum as its primary purpose or which is otherwise pertinent to the District's program, may be granted paid leave to attend meetings, conferences or conventions of such organizations with the approval of the Director of Certificated Personnel Services.

 

19.13.2.          A unit member wishing to attend an educational conference

                           may apply for paid leave to his/her principal, program

                           administrator or appropriate Assistant/Associate

                           Superintendent. Approval is contingent on availability of

                           funds.

 

19.13.3.          A unit member wishing to attend an educational conference may apply for a partial paid leave to his/her principal, program administrator, or appropriate Assistant/Associate Superintendent. If approved, the unit member will receive the difference between his/her salary and the amount which would have been paid to a substitute at the basic substitute rate. Approval will not be unreasonably withheld.

 

 

19.14.       Improvement of Health

 

19.14.1.          Any unit member shall be granted a leave of absence without pay for reasons of health, such leave to be specified for a period of not less than one (1) semester or more than one (1) year. The leave must be recommended by a physician in written form. A written statement from the physician certifying the unit member's ability to return to full-time service is required before reinstatement. The District shall grant an unpaid leave of absence to any unit member who has applied for a disability allowance from the State Teachers Retirement System. This leave shall not extend thirty (30) days beyond the final determination of the disability allowance. If the unit member is determined to be eligible for the disability allowed by STRS, such leave shall be extended for the term of the disability but not form more than thirty-nine (39) months from the date of notification of the determination.

 

 

 

19.15.       Educational Improvement

 

19.15.1.          A permanent unit member shall be granted, upon request, a

                  leave of absence without pay for purposes of educational

                  improvement and advancement for not less than one (1)

                  semester nor more than one (1) year. The request for this                            leave must be received in the Personnel Office by April 15th.

 

19.16.       Opportunity

 

19.16.1.          The District shall grant to unit members an unpaid

                  opportunity leave, upon request, for a full semester or a full

                  school year.

 

19.17.       Pregnancy & Maternity

 

19.17.1.          The District shall grant, upon request, an unpaid leave of absence to a pregnant unit member prior to the beginning of the disability period of her pregnancy. The unit member may use sick leave when she has a disability caused or contributed to by pregnancy and recovery therefrom. If the unit member elects not to use sick leave, the request for maternity leave shall specify the beginning and end of the leave and the anticipated date of delivery as determined by a physician.

 

19.17.2.          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.

 

         19.17.3        The parties shall cooperatively develop a comprehensive                              packet describing pregnancy and maternity benefits provided                        under the Agreement and the law.

 

 

19.18.       Parental Leave

 

19.18.1.          A leave of absence shall be granted to a unit member

                  without pay for the balance of the school year for the

                  purpose of caring for any child entrusted to his/her care.

                  Any extension of such leave shall be granted as provided in

                  §19.2.6.

 

19.19.       Political Leave

 

19.19.1.          A unit member who is elected to public office shall be entitled, upon request, to an unpaid leave of absence for the length of his/her term or terms in office. The unit member on leave shall notify the Board of his/her intended return no later than April 15 of the year preceding such return regardless of when the term ends.

 

19.20.       General Leaves

 

19.20.1.          A request by the unit member to be absent from regular duties for reasons other than those covered by this Agreement may be granted at the discretion of the Director of Certificated Personnel for occasions of an emergency nature or in instances of extraordinary circumstances. If the leave is granted, full deduction of salary, prorated on a daily rate shall be made.

 

19.21.       Pre-Retirement Leave

 

19.21.1.          A unit member who is at least fifty (50) years of age and has taught for at least twenty (20) years, the most recent ten (10) of which must have been in the District, shall be granted upon request an unpaid leave of absence for a maximum of five (5) years. The unit member may retain his/her insurance coverage as provided in Employee Benefits §16.6. At the end of the five (5) year period, the unit member shall retire. Resignation may occur before the end of the five (5) year leave. If the unit member desires to return to employment before the end of the five (5) year period, he/she may do so with District approval.

 

19.22.       Layoff Leave

 

19.22.1.          Unit members who are laid off shall be entitled to two (2)

                  days of paid leave in order to seek new employment

                  opportunities. Notice shall be given by the laid off unit

                  member to the District prior to the use of these days.

 

 

19.23.       Family Care Leave

 

19.23.1.          Except as provided in this agreement, any employee who has served the district more than one (1) continuous year shall be eligible to take unpaid family care leave under the provisions of Government Code 12945.2 and subsequent regulations adopted by the Fair Employment and Housing Commission.