2/11/05
11.1 SICK LEAVE: Leave of absence for illness or injury will be provided by the District.
11.1.1 An employee who is employed full time (15 FLCs) each semester shall be entitled to five (5) days leave of absence for illness or injury per semester. An employee who is employed for less than full time each semester will receive the proportional number of days of leave.
11.1.2 Academic employees (does not apply to day-to-day substitutes) shall be granted one day of sick leave if employed for the full (at least six weeks) Summer Session. This sick leave may be accumulated along with other District sick leave. Any sick leave granted or accumulated through continued employment in this District may be used for illness or accident during summer session.
11.1.3 Pay for any day of absence covered by this leave shall be the same as the pay which would have been received had the employee worked during his/her regular assigned hours on the day of leave.
11.1.4 The full amount of the leave granted each year under this section shall be available on the first day of each academic year and need not be accrued prior to taking such leave.
11.1.5 If absence because of illness or injury extends beyond the number of days of the employee’s accumulated sick leave, the district will pay partial salary for a period not to exceed five (5) school months. The payment shall be the difference between the employee’s salary and the substitute’s pay, if a substitute is employed, or the amount that would have been paid a substitute on Step I of the appropriate schedule, should it be unnecessary to employ a substitute. This partial salary benefit begins upon the expiration of sick leave. The five-school-month limitation begins with the first day of absence involving the illness or injury.
11.1.6 Unused full paid sick leave granted under this section may be accumulated from year to year provided there is no break in service. For an hourly employee, a break in service must involve three or more consecutive semesters.
11.1.7 Upon retirement, eligible employees will be credited with additional service time for unused sick leave, according to procedures prescribed by law.
11.1.8 An absence affidavit shall be signed by any person absent because of illness or injury and medical verification may be required by management to make proper determination of eligibility for benefits under this section.
11.1.9 Unused
sick leave accrued in
11.1.10 If an employee is granted an unpaid leave of absence for illness or injury after all paid sick leave has expired, the District will continue benefits specified in Article 9 for a period of five (5) months from the beginning of the unpaid leave. Thereafter, during the unpaid leave, employees may continue membership and group coverage by payment of premiums at their own expense.
11.1.11 Leave for an employee under quarantine will be handled the same as if the employee were ill.
11.1.12 Upon request, the District shall make available to each contract, regular, and full-time temporary employee, and each hourly employee who is a member of the unit, his/her accumulated sick leave balance and his/her sick leave entitlement for the current academic year.
11.2 INDUSTRIAL ACCIDENT OR ILLNESS LEAVE: Industrial accident or illness leave will be provided as specified in this section.
11.2.1 The accident or illness must have arisen out of and in the course of employment, and must be accepted by the Worker’s Compensation administrator as a bona fide injury or illness.
11.2.2 In any one fiscal year, allowable leave for each industrial accident or illness will be limited to the number of days of temporary disability but shall not exceed sixty (60) working days.
11.2.3 Allowable leave under this section shall not be accumulated from year to year.
11.2.4 The leave under these rules and regulations will commence on the first day of the absence.
11.2.5 Industrial accident or illness leave will be reduced by one day for each day of authorized absence regardless of any temporary disability indemnity award.
11.2.6 Maximum salary during any one period will not exceed the normal salary rate. An employee provided an award under Worker’s Compensation will endorse in favor of the District the daily wage award earned during the sixty (60) working day period. The District in turn, will pay the absent employee his/her full normal wage for each day of absence during the sixty (60) working day period.
11.2.7 If an accident or illness occurs at a time when the full sixty (60) days will overlap into the next fiscal year, the employee is entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury.
11.2.8 If an employee exhausts the sixty (60) working days of entitlement and is still unable to return to duty, the employee will commence to use sick leave. The daily wage award made under Worker’s Compensation will continue to be endorsed to the District. The District will pay the difference between the daily Worker’s Compensation award and the normal daily rate of pay. Accumulated or available sick leave, however, will be reduced only by that amount required to provide a full day’s wage when added to the Worker’s Compensation award for each day of absence.
11.3 IMMEDIATE
FAMILY ILLNESS LEAVE: An employee may use up to six (6) days of accrued sick leave to attend to a child,
parent, sister, brother, grandparent, grandchild, son-in-law, daughter-in-law, mother-in-law,
father-in-law, spouse/domestic partner, domestic partner’s child, domestic
partner’s parents, any person who has legally filled the role of a parent, or
relative living in the immediate household of the employee who is ill. be granted two (2) days
of paid leave per year in the event of the serious illness of a member of
his/her immediate family as defined in Appendix E. Such time will be
deducted from the employee’s regular sick leave account.
11.4 BEREAVEMENT
LEAVE: Paid bereavement leave up to three (3) days per occurrence, or
five (5) days if out-of-state travel is involved, will be allowed for death of
the child, parent, sister, brother, mother, father, grandfather,
grandmother grandparent, or grandchild, of the
employee or son-in-law, daughter-in-law, mother-in-law, father-in-law, spouse/domestic partner, domestic partner’s child, domestic partner’s parents, any
person who has legally filled
the role of a parent, or a relative living in the immediate household of
the employee. member of the immediate family as defined in
Appendix H E of
this Agreement.
11.4.1 Upon request of the employee, paid bereavement leave of two (2) days per occurrence will be granted in the event of the death of a sister-in-law or brother-in-law, and such leave will be deducted from the employee’s regular sick leave account.
11.5 PERSONAL NECESSITY LEAVE: In case of personal necessity, a member of the unit may draw on accumulated sick leave not to exceed seven (7) days in any fiscal year for any one or any combination of the following purposes:
1.
Death or serious illness of a member of his/her
immediate family as defined in Appendix E. (Serious illness is defined
as illness where death is imminent, may result in permanent disability, or
requires hospital surgery.)
1. Accident involving the employee’s person or property or the person or property of the employee’s immediate family.
2. Imminent danger to his/her home occasioned by an event such as flood or fire, serious in nature, which under the circumstances the employee cannot reasonably be expected to disregard, and which requires the attention of the employee during his/her assigned hours of service.
3. Additional days beyond the three (3) or five (5) granted in Section 11.4.
4. Appearance in court or before an administrative tribunal as a litigant, party, or witness under subpoena or official administrative order.
5. Religious holidays on which the employee would otherwise be required to work.
6. Such other reasons as approved by the District.
11.5.1 Personal necessity leave shall be limited to circumstances serious in nature that the employee cannot reasonably be expected to disregard. Absences pursuant to this leave provision normally necessitate the employee’s immediate physical presence elsewhere and involve matters that cannot be accomplished at any other time.
11.5.2 The employee shall not be required to secure
advance permission for leaves provided in Section 11.5 1, 2, or 3. In all other
cases of personal necessity leave, prior approval is required. Prior
approval is required for all personal necessity leave days except for those
described in Section 11.5.1 or 2, and for up to two of the seven days which may be used without
prior approval or subsequent documentation.
11.6 EXCHANGE TEACHING LEAVE: Upon the recommendation of the Chancellor-Superintendent and approval by the Board of Trustees, a leave of absence of not more than two consecutive semesters may be granted for exchange teaching.
11.7 MILITARY
LEAVE: Military leave of absence will be granted as provided for in the
Military and Veterans’ Code of the State of
11.8 JURY DUTY: A member of the unit who is ordered to appear in court for jury duty on any day upon which he/she is required to render service to the District shall receive full salary less an amount equal to any fees received. Any specific amount provided for meals, mileage, and/or parking allowance provided by the court shall not be considered as part of the amount received for jury duty or witness fees.
11.9 MATERNITY/CHILD
BONDING LEAVE: The Board of Trustees shall
grant maternity and/or child bonding leave
without pay to members of the unit in
accordance with
the Family Medical Leave Act ,the The beginning of the leave shall be
determined by the physician in attendance who shall certify the date when the
employee’s health would be adversely affected by the further performance of the
duties which are normally a part of the employee’s job. The maternity leave
shall end no sooner than the time the physician in attendance gives written
authorization for her to return to work. In order that proper arrangements can
be made for qualified substitutes and when no medical emergency dictates
otherwise, persons who will be on maternity leave shall give the district two
(2) weeks written notice of the intended date of the beginning and similar
notice for the end of maternity leave. No maternity leave shall be for a period
longer than twelve (12) months. Accumulated sick leave may be used
for any period of time that the employee must be absent from work as prescribed
by the physician in accordance with the provisions of the Family Medical
Leave Act and the Maternity Such
leaves shall run concurrently with Family and Medical Leave Act and
California Family Rights Act benefits. sick
leave, extended leave and any other leaves granted under the provisions of this
Agreement. As with other leaves without
pay, no sick leave benefits shall accrue to employees on an unpaid portion of
maternity/child bonding leave.
11.10 PAID LEAVE FOR ATTENDING CONFERENCES, SPECIAL MEETINGS, ETC.: An employee may be granted a paid leave for the purpose of attending a conference or special meeting, or engaging in other temporary assignment in the performance of duties on the approval of the Chancellor-Superintendent or his/her designee.
11.11 OTHER LEAVE EITHER PAID OR UNPAID CAN BE REQUESTED: A leave of absence may be granted to an employee on a paid or unpaid basis upon the request of the employee and the approval of the Board.
11.12 NO BREAK IN SERVICE FOR TAKING A LEAVE: Absence under paid leave shall not be considered a break in service and all benefits accruing under the provisions of this Agreement shall continue to accrue under such absence. An unpaid leave shall not be considered a break in service (for seniority purposes) but the individual shall not accrue other benefits provided under the provisions of this contract during the period of the leave.
11.13 PRIOR APPROVAL OF OTHER LEAVES: Approval of absences other than for leaves specified in this article must be obtained in advance from the designated supervisor and will result in a reduction in salary of one day’s pay for each full day of absence.
11.14 FAMILY
CARE MEDICAL LEAVE ACT (FMLA) AND will be provided according to AB 1460, signed into
law October 4, 1993. in
accordance with the provisions of the Family Medical Leave Act and the
California Family Rights Act and the District Policy on Leaves of Absence will
be applied concurrently with employee sick leave, extended sick leave,
industrial accident/injury leave and/or other applicable paid District leaves.
11.15 CATASTROPHIC LEAVE: The District shall create a catastrophic leave program as follows:
11.15.1 Faculty members may donate one sick leave day per fiscal year to each person suffering a catastrophic illness; however, each employee must retain at least 22 sick leave days (approximately one work month) for his/her own account.
11.15.2 Donated sick leave will be recorded sequentially. Unused sick leave reverts to the donor when the recipient leaves the employment of the District.
11.15.3 Any Faculty member who received eligible sick leave credits under this program shall first exhaust all paid leave he/she has accrued.
11.15.4 The Director of Human Resources and the President of AFT shall determine whether or not to grant a request for “Catastrophic Leave” based on verification by a medical doctor as to the nature of the illness or injury, anticipated length of absence and the prognosis for recovery.
11.15.5 The number of sick days that can be received by an employee is limited to 38 days per fiscal year; a maximum of 20 days may be used at the onset of the illness and the remainder will be available for use upon return to work.
11.15.6 If
a faculty member is probationary at the time of taking a catastrophic illness
leave, that faculty member’s probationary status will resume upon return to
work from catastrophic illness leave. Donated sick leave time is not counted
towards attainment of regular status.