Article XX: Leaves
Section 1 – Sick Leave
A. Full-time unit members shall be entitled to annual sick leave based upon their work year as set forth in Article XIV, Section 1, as follows:
- 220- to 228-day work year: 12 sick leave days
- 200- to 219-day work year: 11 sick leave days
- 184- to 199-day work year: 10 sick leave days
Unused sick leave shall accrue from school year to school year. Full-time Adult Education and hourly teachers shall accrue sick leave on the basis of one (1) day each month of employment. Regularly scheduled part-time, summer school, and intersession teachers shall earn one (1) day of sick leave for every seventeen (17) days worked or one (1) hour of sick leave for every seventeen (17) hours worked.
B. Unit members shall have their annual sick leave credited to their account at the beginning of each school year, whether or not it has already been earned. A unit member who terminates employment prior to earning sick leave taken in advance of accrual shall have the amount of such unearned sick leave deducted from the final paycheck.
C. Sick leave may be used for authorized absences from duty because of illness, injury, or exposure to contagious disease that prevents the unit member from performing the duties of his/her job. Unit members may use sick leave to visit a medical doctor, dentist, chiropractor, recognized religious practitioner, optometrist, or other practitioners licensed to provide health care services, or to receive prescriptive therapy.
D. Pregnancy, miscarriage, childbirth, or recovery therefrom is a temporary disability for which sick leave may be used. The date of commencement of absence from duties because of pregnancy, miscarriage, childbirth, or recovery there from shall be determined by competent medical authority selected by the employee. The resumption of duties will also be determined by competent medical authority and shall be based on the medical verification of the employee's physical ability to perform assigned duties.
Section 2 – Extended Sick Leave
When a unit member has exhausted all earned sick leave as provided for in Section 1 of this Article and continues to be absent on account of the same illness or accident, such unit member shall be granted additional non-accumulated leave not to exceed one hundred (100) work days. The conditions for this leave are as follows:
A. The unit member's salary shall be reduced by the amount actually paid a substitute. Such amount is based upon the District-established rate of pay for substitutes. If no substitute is employed, the amount deducted shall be the established rate of pay for the day-to-day substitute.
B. Not more than one hundred (100) work days of extended-illness leave may be taken for the same illness or injury. The term "same illness or injury" includes a continuation of a pre-existing or chronic illness or injury.
C. The unit member shall be required to submit an attending physician's verification of illness and off-work order in order to receive extended sick-leave benefits. Periodic medical reports may be required during the period of extended-sick-leave benefits. Receipt of benefits under this Section 2 may be conditioned upon certification of disability from a District-appointed physician.
D. If, after exhausting all paid leave, a unit member is not medically able to assume the duties of his/her position, the unit member may apply for a non-paid leave of absence as provided for in Section 14 of this Article or receive catastrophic leave benefits as provided for in Section 17 of this Article.
E. When a unit member has exhausted all available sick leave, including accumulated sick leave, and continues to be absent on account of illness or accident for a period beyond the one hundred (100) work days provided for in this Section, and the unit member is not medically able to resume the duties of his or her position, the unit member shall be placed on a re-employment list for a period of 24 months if the unit member is on probationary status or for a period of 39 months if the unit member is on permanent status. When the unit member is medically able, during the 24- or 39-month period, the unit member shall return to employment in a position for which he or she is credentialed and qualified.
Section 3 – Verification
The District reserves the right to require, for good cause, proof of illness or an attending physician's verification of illness. Periodic medical reports may be required during extended absence of a unit member. Unit members returning to work from illness absence involving surgery, serious illness, or extended absence shall be required to present a doctor's release verifying medical permission to return to work, including any restrictions. Unit members may be required to submit to medical examination(s) by District-appointed physician(s), at District expense, for good cause.
Section 4 – Industrial Accident and Illness Leave
Unit members who sustain illness or injury arising out of and in the course of their employment with the District shall be entitled to Industrial Accident and Illness Leave, as set forth in the following conditions and regulations:
A. Any absence that is supported by an authorized doctor's certificate and is verified by the District's Workers' Compensation Office as qualified for Workers' Compensation is an absence payable under Industrial Accident and Illness Leave. Industrial Accident and Illness Leave is to be paid in lieu of temporary disability payments, and entitlement to the leave is governed by the Education Code.
Initially, the unit member's sick leave will be charged for the absence. Once the Workers' Compensation Office has verified eligibility for Industrial Accident and Illness Leave, the sick leave for the authorized number of days will be reimbursed and Industrial Accident and Illness Leave will be charged. (In the event the unit member is out of sick leave, appropriate payroll deductions will be made. Reimbursement will be made on the next warrant following approval of Industrial Accident and Illness Leave.)
B. A maximum of sixty (60) workdays of Industrial Accident and Illness or Accident is allowable for any one (1) illness or accident, and shall be used in lieu of entitlement to any other paid leave.
- Eligibility for Industrial Accident and Illness Leave will continue for only such period as the unit member is qualified as temporarily totally disabled under the California Workers' Compensation laws or until the sixty (60) days is exhausted.
- An Industrial Accident and Illness Leave may overlap into the next fiscal year by no more than the amount of leave remaining at the end of the fiscal year in which the illness or injury occurred.
- Industrial Accident and Illness Leave shall not be accumulative from year to year, nor from one illness/accident to another.
C. Should the unit member's absence due to an industrial accident or illness extend beyond sixty (60) workdays, the unit member shall be permitted to use only as much of his/her accumulated sick leave, compensatory time, vacation, or other available leave which, when added to the temporary disability benefits, provides for not more than a full day's wage or salary.
D. During any period that a unit member has paid leave benefits available for his/her use, the District shall monitor the temporary disability benefits to assure proper retirement credit and contributions for State Teachers' Retirement System (STRS).
E. Upon complying with District medical release requirements and receiving District authorization to return to work, a unit member on Industrial Accident and Illness Leave shall be reinstated in his/her position.
F. If, after exhausting all paid leaves, a unit member is not medically able to assume the duties of his/her position, the unit member may apply for a leave of absence as provided for in Section 14 of this Article.
G. A unit member receiving temporary disability benefits as a result of an industrial accident and illness shall remain within the State of California unless the District authorizes travel outside the state. Requests for District authorization must be directed to Certificated Human Resources through the Workers' Compensation Office.
H. For purposes of this Agreement, the term duty refers to all scheduled working days, including legal and District-declared holidays, on which an employee in the bargaining unit is required to perform services for the District.
Section 5 – Bereavement Leave
If attending or required to arrange for a funeral on account of the death of any member of his/her immediate family, unit members shall be entitled to three (3) days of paid leave of absence, or five (5) days if travel of more than 200 miles from home is involved.
"Immediate family" includes: father, mother, sister, brother, daughter, son, wife, husband, grandmother, grandfather, grandchildren, mother-in-law, father-in-law, sole surviving relative, or any person living in the immediate household of the unit member.
Unit members may request approval from Human Resources for Bereavement Leave to be used in relation to the death of a relative not designated as immediate family. The decision of Human Resources to grant or deny such approval shall be final.
Section 6 – Personal Necessity Leave
Unit members may use accrued sick leave in cases of personal necessity. The time used shall be deducted from and shall not exceed the number of full-paid days of sick leave to which the unit member is entitled.
A. Unit members may use all or part of seven (7) annual personal necessity days for personal emergencies. The unit member is required to give the District as much advance notice as possible and submit a District form setting forth the reasons for the leave in order to receive payment. In extraordinary circumstances, the District may grant more than seven (7) days of Personal Necessity Leave. Personal Necessity Leave for emergencies shall include any of the following:
- The death of a relative who is not a member of the immediate family, a close friend, a District employee or student of a District school, or the death of a member of the unit member's immediate family when the number of days of absence exceeds the limit provided in the Bereavement Leave Section of this Article.
- An unforeseen crisis involving the unit member's property or the person or property of a member of the unit member's immediate family. Such unforeseen crisis must (a) be serious in nature, (b) involve circumstances the unit member cannot disregard, and (c) require the attention of the unit member during such unit member's assigned hours of service.
- An illness, including pregnancy of unit member's spouse, of a member of the unit member's immediate family as defined above, serious in nature, which, under the circumstances, the unit member cannot disregard, and which requires the attention of the unit member during such unit member's assigned hours of service.
- Imminent danger to the home of a unit member occasioned by a factor, such as a flood or fire, serious in nature, and which requires the attention of the unit member during such unit member's assigned hours of service.
B. Unit members may use not more than four (4) of the seven (7) annual personal necessity days for compelling personal business that can be transacted only during times when the unit member is required to perform services of the District.
Determination of what constitutes personal business for a given individual shall be the responsibility of that unit member. The unit member using Personal Necessity Leave for compelling personal business shall be required to file a written statement on a District form with Human Resources that such leave was not used for any of the following purposes:
- Engaging in other employment, including self-employment, either direct or indirect.
- Employee organization activity.
- Work stoppage, strike, or other concerted activity directed against the District.
- Any illegal activity.
A request for Personal Necessity Leave for personal business must be submitted on a District form to the unit member's supervisor three (3) workdays in advance of requested leave date, except where such advance notice is not possible due to circumstances beyond the control of the unit member. No more than five percent (5%) of the unit members at a work site may use Personal Necessity Leave for personal business on the same day. Such leave may never be used the first or last five (5) days of each semester, or the day before or after a scheduled holiday or recess.
C. In addition to the seven (7) personal necessity days set forth in Section 6(A) above, unit members shall be entitled to use a portion of their accrued and available sick leave each school year, not to exceed the amount accrued during ½ of the employee's regular work year, to attend to an illness of a child, parent, spouse, or domestic partner of the employee pursuant to "Labor Code Section 233". In no case, shall the leave available under Labor Code 233, exceed six (6) days. The unit member shall not be required to secure advance permission of such leave, but will be required to submit a District form, identifying such leave as "Labor Code Section 233", setting forth the reason(s) for the leave in order to receive payment. The time used shall be deducted from shall not exceed available sick leave to which the unit member is entitled. As used in this Section the following definition shall apply:
- "Child" means a biological, foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco parentis.
- . "Parent" means a biological, foster, or adoptive parent, a stepparent, or a legal guardian.
Should Section 233 of the Labor Code be repealed, this provision of the contract will no longer be applicable.
D. Unit members will be subject to appropriate discipline if the Personal Necessity Leave was used for purposes other than verified on District forms.
Section 7 – Child Rearing Leave
Upon request, the Board shall provide a male or female unit member who is a natural or adopting parent an unpaid leave of absence for the purpose of rearing his or her child. Such leave shall remain in effect at least until the end of the semester in which the child was born or accepted, and may, upon request, be continued until the end of the second semester following the birth or acceptance of the child. Unit members, while on Child Rearing Leave, have available to them the same rights and privileges as all other unit members on personal leave of absence. Unit members returning from Child Rearing Leave will be extended equal treatment along with all other employees returning from personal leave of absence.
Section 8 – Court Obligation Leave
Unit members are entitled to be absent from duties without loss of pay or benefits when regularly called for jury duty in the manner provided by law. Court Obligation Leave may be used when the unit member is subpoenaed as a witness at a trial other than as a litigant. Leave under this Section shall be subject to the following conditions:
A. The subpoena or court certification shall be filed with the District.
B. The District shall deduct the jury service or witness fee from the unit member's pay. Mileage and travel expenses are not included in the jury service or witness fee.
C. Unit members are required to return to work during any day or portion thereof within a reasonable time after being released from jury duty or witness services.
Section 9 – Conference and Workshop Leave
Unit members covered by this Agreement may be assigned to represent the District or otherwise attend conferences, workshops, seminars, or other professional gatherings. Under these circumstances, the legitimate expenses shall be paid by the District. The unit member shall be required to submit a statement of expenses and may be required to produce receipts. The unit member may be asked to report on the presentations at such meetings or participate in programs to pass on to other unit members information, ideas, or techniques learned at such meetings.
A unit member may wish to attend a professional development program, meeting, workshop, seminar, or conference requiring time off from assignment. Such leave may be granted when endorsed by the unit member's immediate supervisor. Excluding the cost of the substitute, all expenses shall be borne by the unit member, unless otherwise authorized.
In addition, unit members shall be granted Conference and Workshop Leave if said conference, workshop, seminar, or other professional gatherings are an approved part of a grant or special funding proposal prepared by the unit member requesting leave under this Section.
Section 10 – Study Leave
The District may grant a unit member an unpaid leave of absence to pursue educational improvement and advancement. Such leave shall be for a minimum of one (1) semester and a maximum of one (1) school year.
Section 11 – Military Leave
Leaves for the purposes of military service shall be granted pursuant to the Military and Veteran's Code.
Section 12 – Leave of Absence When Elected to the Legislature
Any unit member covered by this Agreement is entitled to a leave of absence when elected to the legislature. Such absence shall be without pay. Within six (6) months after the expiration of the term of office to which elected, the unit member shall return to the position held at the time of election. The salary to which he/she is entitled when returning shall be the same as it would have been had he/she not been absent for this purpose
Section 13 – Critical Illness in the Family Leave
Unit members shall be entitled to a maximum of three (3) days' absence per year for critical illness in his/her immediate family. A critical illness is defined as one in which the patient's life is in danger, and there is a possibility of death. Certification by a physician that the illness is critical in nature is required on a form provided by the District and must be approved by the Certificated Human Resources Director. This form shall not be required if the illness is followed by death of the family member. Immediate family, for purposes of this Section, shall be set forth in Section 5 of this Article.
Section 14 – Other Leave
A permanent unit member may be granted a leave of absence for reasons satisfactory to the District and not enumerated elsewhere in these policies. If granted, the leave will be without pay or other compensation and shall be for a period of not less than one (1) semester and not more than one (1) school year. A leave granted under these provisions may be extended by the District from one school year into another. The unit member may request the option to purchase all fringe benefits while on Other Leaves.
Section 15 – Short Term Leave
Unit members may be granted a Short-Term Leave of Absence without pay for reasons satisfactory to the District. If granted, the leave shall not exceed five (5) consecutive workdays during any one (1) school year.
Section 16 – Family Leave
Unit members employed by the District more than one (1) year and who have worked not less than 1,240 hours during the prior year shall be granted not more than twelve (12) weeks of unpaid Family Leave per year as set forth in the following conditions:
A. Family Leave may only be used for a unit member's serious illness or the birth, adoption, or serious illness of a child, or to care for a parent or spouse who has a serious illness.
B. The District may require verification of the necessity of the leave. In addition, the District may require the unit member to submit to medical examinations by District-appointed physicians, at District expense.
C. All available paid leaves, such as sick leave, personal necessity leave, and extended sick leave, must be used as part of the twelve (12) weeks of Family Leave.
D. The unit member must give as much advance notice as possible. For planned events, thirty (30) days advance notice is required.
E. Unit member's group health and dental benefits as provided for in Article XII, Section 1, shall be maintained during approved Family Leave. If the unit member fails to return to work at the expiration of Family Leave, the unit member shall reimburse the District for all health and dental benefits paid during the Family Leave. To maintain group life insurance benefits during Family Leave, the unit member must pay the cost of premiums.
F. At the conclusion of Family Leave, the unit member will return to the same or comparable position without loss of hours or seniority
Section 17 – Catastrophic Leave
Unit members may donate accumulated sick-leave days to another unit member absent due to a non-industrial catastrophic illness or injury. The conditions for this leave are as follows:
A. The unit member must be absent from work due to a verified non-industrial catastrophic illness or injury.
B. The unit member must have exhausted all paid benefits set forth in this Article XX.
C. Other unit members may make an irrevocable contribution of accumulated sick leave. The contributions by individual unit members shall be in one-day increments and shall not exceed a maximum contribution of three (3) days to a unit member eligible for catastrophic leave.
D. The District must determine that the unit member who has applied for catastrophic leave is unable to work due to a catastrophic illness or injury.
E. Catastrophic leave shall not exceed thirty (30) consecutive workdays.
F. While on catastrophic leave, the unit member shall not continue to earn additional sick leave or extended sick leave.