Leaves of Absence San Juan Teachers Association

Transcription

1 Contractual of Absences Sick (5.101) 10 days per year To be used for illness or injury not covered by Industrial Accident and Illness. Unused sick leave shall accumulate from year to year without limit. Proof of illness may be required by the district in order to qualify for pay during sick leave. A medical leave will not be required for approval of sick leave for 3 days or less, unless the employee has been notified in writing about excessive use or abuse of sick leave. In the event an employee resigns, the employee will have deducted from his/her earned income whatever sick leave he/she has used but failed to earn. Extended Sick (5.2) 5 months or less To be used when employee has exhausted accumulated sick leave including the amount annually credited; the teacher is entitled to 5 school months of extended sick leave. Pay for the leave will be at teacher s regular rate of pay less the amount payable to a substitute. Extended Sick (5.3) 5 months or more A permanent employee may be eligible to receive Extended Sick of 5 months or more when he/she exhausts sick leave and Extended Sick of 5 months or less. Beginning at the exhaustion of Extended Sick as described above, an employee may receive an extended benefit disability payment of $100/month for not more than 18 school months. Personal Necessity (5.11) Up to 10 days per year To be used for absences caused by personal necessity, which is either an emergency or personal matter which require the employee to be absent from work during regular work hours because the matter cannot be accomplished during non-work hours. Employee shall make a reasonable effort to give 48 hours notice, or in unusual cases 24 hours notice, prior to use of such leave. Cannot be used for a) recreation, b) other employment, c) work stoppage/strike, or d) any illegal activity. Employee should make a reasonable effort not to schedule PN on staff development days, on Mondays or Fridays, or the day before or after a scheduled school recess or holiday period. PN is deducted from sick leave. An employee may not use more than 6 days of accumulated sick leave benefits in case of personal emergency arising from the death of a member of their immediate family. When PN requires an excess of 10 days, salary deductions for the first 5 additional days shall be equal to the rate paid to a substitute (but not to exceed the daily rate of employee).

2 Terminal Illness (5.4) Not to exceed 12 months To be used when an employee has written verification from a doctor that an illness appears to be terminal. Employee shall be paid a full monthly salary for each month or part thereof that the member survives for a period not to exceed 12 months after the exhaustion of accumulated sick leave. Industrial Accident or Illness (5.29) Up to 60 days The district will provide up to 60 days of Industrial Accident and Illness for employees at full pay and full benefits. The employee s accrued sick leave will not be accessed during the full term of the Industrial Accident or Illness. Employees may use their accrued sick leave and other leaves available upon the expiration of their Industrial Accident or Illness. Critical Illness (5.10) 3 days per critical illness or injury To be used in the event of critical illness or injury to a member of the employee s immediate family. This paid leave shall not be charged to sick leave. For time taken in excess of 3 days, the salary deduction for this leave will not exceed the cost of the salary paid to the substitute, and an employee may not exceed 20 days per school year except by approval of the Board. The employee, upon returning to duty, may be required to provide a physician s statement. Catastrophic Sick (5.33) Used in conjunction with Extended Sick (cannot exceed 100 days) Catastrophic Sick is to be used with Extended Sick so that a permanent employee who suffers a catastrophic illness can receive full pay during the extended sick leave period. Catastrophic illness or injury means the illness or injury is expected to incapacitate the employee for an extended period, 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. Employees must have donated at least one day of sick leave per work year to the catastrophic sick leave bank to be eligible for Catastrophic Sick. Employees applying for Catastrophic Sick will have their request reviewed by the sick leave bank committee. Employee must have used all available regular sick leave, vacation, compensatory time off and personal necessity, and cannot use Catastrophic Sick for a stress-related illness. The illness or injury must be verified by a physician. Bereavement (5.9) 3-5 days To be used in the event of a death of any member of employee s immediate family i. Bereavement leave is paid and is not to exceed 3 days, unless an employee must travel beyond a 300 mile one-way radius in connection with the bereavement, in which case the leave cannot exceed 5 days.

3 Jury Duty (5.1702) As required by court proceedings To be used for an employee who is called for jury duty; employee will be paid at regular rate of pay for as many days as required to fulfill his/her days under the law. Health (5.19) Up to 36 months An employee may be granted a leave without pay for health reasons for a period of 36 months after which time his/her employment with the district may be terminated. A medical certification may be requested, and prior to the return to duty, a statement must be furnished from the employee s physician indicating that the employee can return to work. Short-Term Instructional (5.14) Up to 20 days Paid short-term instructional improvement leave may be granted for the following reasons: a) Visitation to other schools or sites to observe examples of successful educational practices, and for observation of unique or noteworthy innovations in education; b) To provide demonstrations for the benefit of other members in bargaining unit; c) For the purpose of attending demonstrations, workshops, etc. devoted to the instructional area of the employee; d) Study and research with may include travel, and which can only be undertaken during the normal school year. The application must be submitted at least 10 days prior to the beginning date of the leave. Applications for 10 days or less will be acted upon by the HR department; for applications for 10 days or more will be reviewed by the Sabbatical Committee and referred to the Superintendent. Upon approval, the employee is responsible to provide adequate planning for his/her classes while on leave. Court (5.1701) As required by court proceedings To be used 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 member. Association (5.18) Up to 15 days per school year per employee To be used for local, state or national conferences or for conducting other lawful business pertinent to Association affairs. Unless otherwise agreed to by the parties, such leave shall be limited to a maximum of 15 days for any individual each school year. This leave is unpaid. Please see SJTA contract for additional details. Long-Term Personal (5.21) Up to 2 semesters Tenured employees are able to request an unpaid Long-Term Personal of Absence for not less than a semester and no longer than 2 semesters.

4 Short-Term Special (5.22) Education (5.23) Up to 1 year The district may grant unpaid Special Short-Term s upon request of an employee. To be used for the purpose of educational improvement. This unpaid leave shall not be less than one semester or more than one year. An extension can be granted where completion of the course for advancement requires longer than one year. Overseas Teaching (5.24) may be granted for teaching under a nationally recognized fellowship or for teaching in an American Armed Service Dependent s School overseas. Exchange Teaching (5.25) Up to 1 year may be granted to tenured employees for exchange teaching in the manner prescribed by the Ed Code, Sections This leave shall not be for more than one year. Military (5.1502) The military leave rights of members covered by this agreement shall be as specified in the Military and Veterans Code. See Board Policy for additional information. Maternity and Parental (5.1201) Up to 2 days An employee will be granted, upon request, 2 days of paid leave to be taken at the time of birth or adoption of his/her child. These days may be at the time of delivery and/or at the time the mother and child leave the hospital. This leave shall not be deducted from sick leave. Maternity and Parental (5.13) Up to 2 years To be used in relation to child rearing. A pregnant employee may request an unpaid parental leave to begin at any time between the commencement of the pregnancy and 2 years after the child is born. An employee shall be granted upon request an unpaid leave to begin at any time between the birth of his/her child and 2 years thereafter. This is in addition to any paid parental leave granted in the contract. An employee who is adopting a child shall be granted an unpaid leave up to 2 years to commence at any time during the first year after receiving defacto custody of said child, or prior to receiving such custody, if necessary to fulfill the requirements for adoption.

5 Parental (5.1201) Pregnancy Disability Family Medical Act (FMLA) California Family Rights Act (CFRA) In concurrence with Pregnancy Disability (PDL) and sick leave Up to 4 months (88 workdays for fulltime employees) Up to 12 weeks per rolling 12 months Up to 12 weeks per rolling 12 months Employee who is pregnant may continue in active employment as late into pregnancy as her health permits. Any disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery will be, for job-related purposes, a temporary disability and treated as sick leave. State and Federal s of Absence To be used if a female employee is disabled by pregnancy, childbirth or a related medical condition. May be taken in increments or all at once. Medical certification is required. Pregnancy Disability runs concurrently with available paid leaves as well as with Family Medical (FMLA). Under FMLA, teachers who have been full time for the prior year are eligible for benefits up to 12 weeks in a rolling 12 month period for the following reasons: a) To care for a child after birth or placement with the employee for adoption or foster care; b) To care for the employee s spouse, domestic partner, child or parent who has a serious health condition; or c) If the employee is unable to work due to their own serious health condition. Medical certification is required. FMLA will run concurrently with available paid/unpaid leaves. During FMLA, the district will continue to pay its normal portion of medical, dental and vision benefits, and the employee s job (or equivalent position) is protected. Employees may be required to use accrued sick leave during any absence in which the employee is caring for a family member who has a serious health condition. Sick leave may only be used in accordance with collective bargaining agreements and/or applicable civil service laws, rules, and policies. Like FMLA, CFRA entitles employees with at least 12 months of service and at least 1,250 hours worked during the previous year are eligible to paid and/or unpaid leave up to 12 weeks in a rolling 12 month period for the following reasons: a) To care for a child after birth or placement with the employee for adoption or foster care; b) To care for the employee s spouse, domestic partner, child or parent who has a serious health condition; or c) If the employee is unable to work due to their own serious health condition. Medical certification is required. CFRA normally runs concurrently with FMLA for non-pregnancy related leaves. However, for Pregnancy Disability s (PDL), CFRA begins after PDL ends. Employees may be required to use accrued sick leave during any absence in which the employee is caring for a family member who has a serious health condition. Sick leave may only be used in accordance with collective bargaining agreements and/or applicable civil service laws, rules, and policies.

6 Special Notes For additional information, please refer to the San Juan Teachers Association contract. This document is intended to be a summary of state and federal leave laws, as well as a summary of leaves provided in the San Juan Teachers Association contract. If there are any discrepancies between this summary and the contract, state and/or federal law, the contract or law will govern. Some s of Absences may require medical certification or other documentation that may not specifically be addressed in this document. Not all employees are eligible for every leave provided in this document. Contact Human Resources for additional eligibility information. i Immediate family is defined as the following relatives of the employee, or of the spouse of the employee: Mother, father, grandmother, grandfather, brother, sister, son, son-in-law, daughter, daughter-in-law, foster parents, foster children and grandchildren, or a brother-in-law or sister-in-law of an employee, or any relative living in the household of the employee.