Collective Bargaining Agreement |

2015-2016

11.1

Notification Procedure

 

11.1a

Employees shall notify the District in advance of any leave. In case of emergency leave, employees who find it necessary to be absent from duty shall notify the District Office on the first day of their emergency leave before 7:00 a.m. of the day of absence. Employees who are absent from duty on the second or subsequent days shall notify the school daily before 1:00 p.m. to indicate that they will not return to duty on the following day. In the case of known absences of more than one day, arrangements should be made with the principal of the school site to eliminate the daily call.

11.2

Illness or Injury Leave

 

11.2a

Every employee who is regularly employed five (5) days per week is entitled to ten (10) days paid sick leave for that year of employment. Employees who work less than full time shall be entitled to a proportionate amount of sick leave in accordance with the contract. The ten (10) days per school year may be accumulated without limitation.

 

11.2b

When the certificated employee is absent from his/her duties due to illness or injury for a period of more than ten (10) days, the employee shall supply the site supervisor with a statement from a qualified medical doctor verifying the employee's illness or injury.

 

11.2c

The District may require verification by a physician of an employee's ability to perform his/her responsibilities before returning to work due to an absence in excess of ten (10) days for illness or disability injury.

 

11.2d

Unused sick leave shall accrue from school year to school year.

 

11.2e

The Board shall provide each teacher with a written statement of (1) his/her accrued sick leave total, and (2) his/her sick leave entitlement for the school year. Such statement shall be provided no later than October of each school year. An employee may use his/her credited sick leave at any time during the school year.

 

11.2f

During the length of this contract, when a certificated employee is on an illness or injury leave, he/she shall be paid full salary for that period of time equal to the balance of his/her accumulated illness leave.

Beginning January 1, 1999, employees in the bargaining unit whose illness/injury benefits have been consumed and must still be absent from duty because of illness or injury shall receive that amount of pay which is the difference between their pay and the amount paid for a substitute employee, whether or not a substitute is employed, for a total of 100 days commencing with the exhaustion of their accumulated sick leave.

11.3

Personal Necessity Leave

 

11.3a

Employees shall be allowed not more than ten (10) days of accumulated sick leave annually for the purposes of personal necessity. Any of the ten (10) days may be used for reasons of compelling personal importance. (However, in no case shall this leave be used for vacation purposes.)

 

11.3b

The employee shall notify his/her principal at least seventy-two (72) hours in advance of taking such leave, unless an emergency makes such notice impossible.

 

11.3c

Under all circumstances, an employee shall verify by signature that the personal necessity leave taken was in compliance with this Article.

11.4

Family Illness Leave

 

11.4a

Three (3) days of leave per year without loss of salary or sick leave shall be allowed to any employee for an illness, which is of a serious nature, of a member of the employee's immediate family. An illness of a serious nature shall be an illness which an employee cannot reasonably be expected to disregard and which requires the attention of the employee during his/her assigned hours of service. An employee may use three (3) additional family illness days, but the additional three (3) days will be deducted from his/her sick leave.

11.5

Pregnancy Disability/Maternity Leave

 

11.5a

Pregnancy Disability Leave

Employees are entitled to use accumulated sick leave as set forth in the provisions of illness/injury leave, for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, or recovery therefrom. Such leave shall not be used for child care, but shall be limited to those disabilities as set forth above. The length of such disability leave, including the date upon which the leave shall commence and the date on which the duties are to be resumed, shall be determined by the employee and the employee's physician.

 

11.5b

In cases of miscarriage, an individual on pregnancy/disability leave may be considered for immediate placement provided a position for which the individual is qualified exists and a statement from the attending physician indicates that the employee is able to assume full responsibilities of the position without detriment to her health.

 

11.5c

Maternity Leave

An employee is entitled to a leave of absence without pay for a period of up to one year because of pregnancy, miscarriage, childbirth, and recovery therefrom. Employees on a District approved maternity leave shall continue to receive full health and welfare benefits paid by the District for six (6) months from the first day of the month following the last day worked. The date upon which the leave shall commence and the date upon which duties are to be resumed shall be determined by the employee and the employee's physician. The leave request shall be submitted to the District not less than twenty (20) days prior to the commencement of the leave, when possible.

11.6

Family Care Leave

 

11.6a

Purpose

All eligible employees are entitled to a family care leave for a total of up to 12 work weeks (60 work days) in any school year as set forth in state (California Family Rights Act) and federal (Family and Medical Leave Act) statutes for the following reasons: (1) for the care of the employee's son/daughter (birth/adoption/foster care); (2) for the care of the employee's spouse, son/daughter, or parent who has a serious health condition; (3) for a serious health condition that makes the employee unable to perform the job duties.

 

11.6b

Definitions - For the purposes of this provision:

Eligible Employee:Must have worked for the District for at least 1250-hours, which includes paid leave and/or family care leave, during the previous school year. Full-time employees meet the 1250-hour requirement.
Spouse: Legal husband, wife, or domestic partner of the employee.
Son or Daughter: Biological, adopted, foster, step-child, legal ward, or a child of a person standing in loco parentis, who is under 18 years of age, or 18 years of age or older and incapable of self-care because of mental/physical disability.
Parent: Biological parent of an employee or an individual who stood in loco parentis to the employee when the employee was a son or daughter.
Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider.

 

11.6c

Procedure

The leave request shall be submitted to the District not less than thirty (30) calendar days prior to the commencement of the leave, when possible. Medical certification for serious health-related leaves shall state:

  1. The date on which the serious health condition began.

  2. The probable duration of the condition.

  3. The appropriate medical facts regarding the condition, including
    the need for the leave.

 

11.6d

Benefits Continuation

The District shall maintain the employee's coverage under medical, dental, vision, and life insurance benefits during the period of the leave. STRS service credits may be purchased by the employee for the period of the family care leave in accordance with STRS regulations.

If the employee fails to return to work, the District may recover its share of the insurance premiums paid during the period of unpaid leave unless the failure to return is caused by a serious health condition of the employee or other circumstances beyond the employee's control.

 

11.6e

Special Provisions

Concurrent Use of Paid Leave

When an employee is on a family care leave due to the serious health condition of the employee's spouse, son, daughter, or parent, he/she shall be paid full salary for the period of time equal to the balance of his/her family illness and accumulated sick leave. When an employee is on a family care leave due to the birth/adoption/foster care of the employee's son/daughter, he/she shall be paid full salary for that period of time equal to the balance of his/her family illness and personal necessity leaves.

Pregnancy/Disability Leave

At the conclusion of a pregnancy/disability leave, an employee may elect to take family care leave.

Both Parents Taking Family Care Leave

When spouses are both employed by the District, the family care leave is limited to an aggregate of 12 work weeks if such leave is taken for the birth/adoption/foster care of a son or daughter.

11.7

Military Leave

 

11.7a

Employees who are members of any reserve corps of the Armed Forces of the United States, the National Guard, or the Naval Militia, or who are inducted or who are otherwise ordered to active duty, shall be granted such leave as required by the Education and Military and Veterans Codes. A copy of military orders shall be provided to the District Office with the request for military leave.

11.8

Bereavement Leave

 

11.8a

Upon the death of a member of the immediate family, absence without loss of salary or sick leave shall be allowed to any regular employee for a period of not to exceed three (3) days or five (5) days leave of absence if travel beyond a 300 mile radius is required.

 

11.8b

"Immediate family," for the purposes of this provision, shall be defined as mother, father, child, grandmother, grandfather, or grandchild of the employee or the spouse of the employee, and the spouse, son-in-law, daughter-in-law, brother, or sister of the employee, or any relative living permanently in the immediate household of the employee.

11.9

Jury Duty/Witness Leave

 

11.9a

Leaves of absence for jury duty shall be provided at a salary which is equal to the difference of the employee's regular earnings and any amount he/she receives as a juror's fee during the period he/she serves on the jury.

 

11.9b

Leave of absence shall be granted an employee when he/she has been served a subpoena to appear as a witness, not as a litigant, in a court case. The length of the leave granted shall be for the number of days in attendance in court as certified by the clerk or other authorized officer of the court. The employee shall receive full pay during the leave period, provided that the witness fee for such leave, with the exception of travel allowance, is assigned to, and the subpoena and court certification are filed with, the School District.

 

11.9c

Teachers who voluntarily postpone their jury duty service to a school vacation period shall be compensated at the current substitute teacher rate for each day's service.

11.10

Health and Hardship Leave

 

11.10a

The Board of Education may grant a leave of not more than one (1) school year to an employee unable to perform duties due to ill health, physical disability, or personal hardship, at the request of the employee. Verification of illness or physical disability, by a licensed physician, shall be required. Requests for personal hardship leaves shall be processed through the Office of Personnel Services.

11.11

Long Term Leave

 

11.11a

The Board of Education may, upon written application by an employee, grant a leave of absence without pay for not less than one semester nor more than a year for purposes such as, but not limited to, child care or obtaining newly mandated State credentials required for maintaining current position or responsibility.

 

11.11b

During any school year in which the Board of Education does not grant sabbatical leaves in accordance with Section 11.13, the Board shall grant up to twenty (20) one-year leaves of absence without pay for reasons not specified elsewhere in Article 11 unless a credentialed replacement cannot be found. Requests must be submitted to the Office of Personnel Services by the first Monday in May for a leave starting the following school year.

When more than twenty (20) employees apply, the twenty (20) leaves shall be granted according to length of service in the District.

Employees may not receive more than one (1) unpaid leave as specified in Section 11.11b in any seven (7) year period. Employees shall be notified of approval or denial of their leave request prior to the second Monday in June.

11.12

Industrial Accident and Illness Leave

 

11.12a

Employees will be entitled to an industrial accident leave for an injury which qualifies for compensation benefits in accordance with requirements of the Education Code and the provisions of the California Workers Compensation Law.

 

11.12b

Such leave shall not exceed sixty (60) days during which the schools of the District are required to be in session, or when the employee would otherwise be performing work for the District. 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/her for the same illness or injury.

 

11.12c

The District has the right to have the employee examined by a physician designated by the District, to assist in determining the length of time during which he/she will be temporarily unable to perform assigned duties and/or the degree to which the disability is attributable to the injury involved.

 

11.12d

For any days of absence from duty as a result of the industrial accident, the employee shall endorse to the District any wage loss benefit check from the adjusting firm or carrier which makes the total compensation from both sources exceed 100% of the amount the employee would have received as salary or Workers Compensation benefit. If the employee fails to endorse to the District any wage loss disability check received because of the industrial accident or illness as provided above, the District shall deduct from the employee's salary warrant the amount of such disability indemnity actually paid to and retained by the employee.

11.13

Sabbatical Leave

 

11.13a

After completing seven (7) consecutive full school years of service, an employee will be eligible to apply for leaves of one semester or one year duration for the purpose of academic study or travel. Applicants for sabbatical leave must submit their request to the Personnel Office no later than September 30 for a leave starting the 25 following school semester or school year. If a split sabbatical leave is desired it must be requested at the time of application of the first semester of such leave. Employees shall be notified of approval or denial of sabbatical leave requests within thirty (30) days and shall receive the reason for denial, in writing, if requested.

 

11.13b

The Superintendent may recommend approval of sabbatical leave requests to the Board of Education, and the Board of Education may grant such leave.

 

11.13c

An employee on sabbatical leave for one semester shall receive full salary and full health and welfare benefits. An employee who is on a full year's sabbatical shall receive fifty (50) percent of his/her salary and full health and welfare benefits. Paid sick leave is not earned while on sabbatical leave. The District is freed from any liability for the payment of any compensation or damages provided by law, for the death or injury of the employee while he/she is on sabbatical leave. All sabbatical leaves shall be administered in accordance with Education Code 44966-44975.

 

11.13d

The terms and conditions of the leave shall be agreed upon in writing and shall include, but not be limited to:

  • An indemnification bond equal to twice the salary received
    during the sabbatical leave;

  • A requirement of service to the District of two (2) full years for each full year of leave, and one full year for each one-half year of leave; and

  • Appropriate reporting procedures on the values of sabbatical leave as may be designated by the Superintendent.

11.14

Reinstatement Rights

The employee has the right to return to the same site if the length of the leave is for an entire semester or less.

   

 

 

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Our Mission Statement:
"GGEA is an association of educators who advocate for the well-being of our membership and the students we serve."

Our Mission Statement:
"GGEA is an association of educators who advocate for the well-being of our membership and the students we serve."

Our Mission Statement:
"GGEA is an association of educators who advocate for the well-being of our membership and the students we serve."

Our Mission Statement:
"GGEA is an association of educators who advocate for the well-being of our membership and the students we serve."