8.1 Sick Leave

Sick leave is granted to unit members covered by this Agreement when absence from work is caused by actual illness or injury and is not covered by Section 8.5 of this Agreement.

8.1.1 Extended Illness Leave

If an employee has utilized all accumulated sick leave and vacation and is still absent from duties on account of illness or accident for a period not to exceed one hundred (100) school days, then the amount of salary deducted in any month shall not exceed fifty percent (50%) of the salary due during the period of absence. The period during which the above deductions occur shall not begin until all other paid sick leave and vacation provisions for which the employee is eligible have been exhausted with the exception of Family Care and Medical Leave (FCML).

8.1.1.1 No more than one hundred (100) extended illness leave days may be taken during any one (1) school year.

8.1.1.2 When all available leaves of absence, paid or unpaid, have been exhausted and if the unit member is not medically able to assume the duties of his/her position, s/he shall be placed on a reemployment list for a period of thirty-nine (39) months. During the thirty-nine(39)-month period, the unit member, if medically able to resume work and desirous of doing so, shall be employed in any vacant position in the class and for the hours per day of the unit member’s previous assignment over all other available candidates except for a reemployment list established because of lack of work or lack of funds, in which case the unit member shall be listed in accordance with appropriate seniority regulations.

8.1.2 Sick Leave Entitlement

Full-time twelve-month unit members will receive twelve (12) days fully paid sick leave annually. Unit members employed for less than a fiscal year are paid sick leave as the number of months the unit member is employed bears to twelve (12).

8.1.3 Prorated Leave

Part-time unit members shall receive sick leave in proportion to that allowed full-time unit members based on time worked.

8.1.4 Verification of Illness

Verification of illness or injury may be required by the District if there is good cause to suspect abuse of sick leave. "Good cause" is defined as anyone who has exhausted his or her yearly allotment of sick leave and continues to use sick leave or personal necessity leave. The District may designate an appropriate medical authority for such verification and disallow salary payment if such leave is improperly used. The cost of such medical verification shall be borne by the District. Periodic medical reports may be required during an extended absence of a unit member.

8.1.5 Family Illness

Every full-time permanent employee shall be entitled to use six (6) days of accrued sick leave per school year to attend to the illness of a child, parent, or 20

spouse. An employee covered by this Agreement working less than full-time shall be entitled to family illness leave in the same ratio that his/her employment bears to full-time employment.

8.1.6 Return to Work Verification

For absences in excess of five (5) workdays, the employee shall submit a statement from his/her physician or surgeon indicating the nature of the illness or injury, and the date of return to duty.

Upon request, unit members returning to work from illness absence involving surgery or an off-work order shall be required to present a doctor’s release verifying medical permission to return to work, including any restrictions.

8.2 Catastrophic Sick Leave Bank

8.2.1 Bargaining unit members who suffer a catastrophic injury/illness that is expected to incapacitate the unit member for an extended period of time (more than ten [10] days), shall become eligible to use this catastrophic sick leave plan subject to the restrictions and conditions outlined as follows:

8.2.1.1 The unit member to receive donated sick leave must have exhausted all fully paid leave and must be in a true catastrophic condition.

8.2.1.2 A unit member who has exhausted sick leave but still has a differential leave available is eligible for a withdrawal from the Bank. Use of the Sick Leave Bank benefit is allowable only as a supplement to such differential leave. The District shall pay the unit member full pay and the Bank shall be charged one-half (1/2).

8.2.1.3 The unit member must be a permanent, not probationary, employee.

8.2.2 The use of this Sick Leave Bank shall only be available to those eligible bargaining unit members who have made a donation of at least five (5) days to the bank prior to their request, and have continued participation under Section 8.2.5. For the purpose of this article only, "days" shall be defined as each individual employee’s regular contract hours at the time of donation to or withdrawal from the Sick Leave Bank.

8.2.3 This donation shall be irrevocable. The unit member shall file an irrevocable "Classified Sick Leave Bank Deposit Form" with the Human Resources Office. A donation to the Sick Leave Bank shall be a general donation from prior years’ accumulations, and shall not be donated to a specific unit member for his/her exclusive use.

8.2.4 There is no limit to the number of sick leave days a unit member may donate to the Sick Leave Bank, so long as the minimum number of accumulated sick leave days available from the prior years accumulations in the unit member’s account does not fall below five (5) days.

8.2.5 An additional day of contribution will be required of all participants if the number of hours in the Bank falls below 1,200. Unit members who are drawing from the Bank at the time of the assessment will not be required to contribute to remain eligible to draw from the Bank. If a participant has less than an annual allotment of remaining sick leave days at the time of the assessment, 21 they need not contribute the additional day to remain a participant in the Sick Leave Bank.

8.2.6 Leave from the Bank may not be used for illness or disability which qualifies the unit member for Workers’ Compensation benefits unless he/she has exhausted all Workers’ Compensation leave and his/her own fully paid leave.

8.2.7 When the unit member may reasonably be presumed to be eligible for disability retirement under PERS or, if applicable, Social Security, he/she may be requested to apply for such retirement. Failure of the unit member to submit a complete application, including medical information provided by the applicant’s physician, within twenty (20) working days will disqualify the unit member from further Sick Leave Bank payments.

8.2.8 Bargaining unit members may join the Sick Leave Bank during the annual open enrollment period (October 1 to October 31) only.

8.2.9 Cancellation of membership in the Bank occurs automatically whenever a unit member fails to make his/her assessment contribution under Section 8.2.5. The unit member shall not be eligible to draw from the Bank as of the effective date of cancellation. Sick leave previously authorized for contribution to the Bank shall not be returned if the unit member effects cancellation.

8.2.10 A unit member wishing to use this Sick Leave Bank shall submit a "Classified Sick Leave Bank Request for Withdrawal Form." This form shall be submitted to the Human Resources Office. The request shall clearly state the details of the catastrophe and the amount of sick leave requested. Appropriate written verification of the catastrophic illness or injury must be included with the request. The unit member should be prepared to provide additional documentation on the nature and severity of the illness or injury, if requested. A Sick Leave Bank Committee shall consider the request of the unit member. The committee shall consist of one (1) person selected by the Employer as a recordkeeper and three (3) voting members selected by the Association. The committee may grant, reject, or partially grant a request. Any rejection of a request may be appealed to the RESPA Executive Board for final action and decision. The timelines for filing an appeal shall be the same as found in the initial step of the grievance procedure (Article 19).

8.2.11 The maximum number of duty days allowed to be utilized by one unit member for a single catastrophic injury/illness shall not exceed thirty (30) duty days. A unit member may request a specific number of days on one "Classified Sick Leave Bank Request for Withdrawal Form." The unit member may request additional days up to thirty (30) days by filing an additional request for consideration by the Committee.

8.2.12 Any days approved that are unused by the unit members shall be returned to the Catastrophic Sick Leave Bank.

8.2.13 If a unit member uses a day from the Sick Leave Bank, pay for that day shall be the same rate the unit member would have received had the unit member worked that day. No distinction shall be made as to the differing pay rates of the donors or recipients.

8.2.14 During November of each year, the Human Resources Office shall provide the Association a statement outlining the number of days available in the Bank as of November 1 of that year and the number of days used in the previous fiscal year. 22

8.2.15 Hold Harmless

The Association agrees that it will not file, on its own behalf or on behalf of any unit member, any grievance, claim, or lawsuit of any kind related to any attempt by a unit member to retrieve donated sick leave used by another unit member pursuant to this provision. The Association also agrees that it will not file, on its own behalf or on behalf of any unit member, any grievance, claim or lawsuit of any kind which attempts to challenge in any way the legality or enforcement of this provision.

8.2.16 If the Sick Leave Bank is terminated for any reason, the days remaining in the Bank shall be equitably distributed to the then current members of the Bank according to the following distribution formula: Total number of hours divided by current active participants.

8.3 Bereavement Leave

Each member of the unit covered by this Agreement is entitled to a maximum of five (5) days bereavement leave due to the death of any member of the unit member's immediate family. For purposes of this Section 8.3, "member of the immediate family" shall mean the mother, father, grandparent, or a grandchild of the unit member or of the spouse of the unit member, and the spouse, son, daughter, son-in-law, daughter-in-law, brother, brother-in-law, sister, sister-in-law, aunt, uncle, of the unit member, foster parent, step-parent, or foster child, or any person(s) living in the immediate household of the unit member. Additions to the definition of member of the unit member’s immediate family above will be made only at the discretion of the Superintendent/designee.

8.4 Personal Necessity Leave

8.4.1 Every employee covered by this Agreement shall be entitled to use up to eight (8) days per year of paid sick leave for reasons of personal necessity. Every employee shall be entitled to use two (2) additional days per year of paid sick leave as general leave for any reason. A unit member shall, except in case of emergency, give as much advance notice as is feasible of the intent to use personal necessity leave. Such absences must be for the following personal and compelling reasons:

8.4.1.1 The death of a member of the unit member’s immediate family when the number of days absent exceeds the limit provided in Section 8.3 of this Agreement.

8.4.1.2 The serious illness of a member of the unit member’s immediate family.

8.4.1.3 An accident involving the unit member’s property or the person or property of any member of the unit member’s immediate family.

8.4.1.4 The birth of a child, making it necessary for the unit member who is the father of the child to be absent from his position during his assigned hours of service.

8.4.1.5 Imminent danger to the home of a unit member occasioned by an event such as a flood or fire, serious in nature which under the circumstances the unit member cannot reasonably be expected to disregard and which requires the attention of the unit member during his/her assigned hours of service.

8.4.1.6 Official appearance as a personal litigant. 23

8.4.2 Personal Necessity Leave may be granted for other emergencies and events which may occur, serious in nature, which under the circumstances the unit member cannot reasonably be expected to disregard and which requires the attention of the unit member during his/her assigned hours of service, by permission of the Superintendent/designee.

8.4.3 A member of the unit shall submit to his/her supervisor the reasons for having taken personal necessity leave on an appropriately drawn District absence affidavit form (Appendix B).

8.5 Industrial Illness and Accident Leave

Up to sixty (60) working days shall be granted in case of an industrial illness and/or accident when the absence is caused by injury or accident directly arising from the performance of services for the District. All Industrial and Accident Leaves must be supported by a physician’s certificate and verified by the self insurance program for employees.

8.5.1 The following are the provisions for Industrial Accident or Illness Leave:

8.5.1.1 When an Industrial Accident or Illness occurs, the unit member shall be entitled to up to sixty (60) working days, in any one (1) fiscal year, for the same illness or injury. When an industrial accident or illness occurs at a time when the full sixty (60) days will overlap into the next fiscal year, the employee shall be entitled to only the amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury.

8.5.1.2 Industrial Accident or Illness Leave will commence on the first day of absence.

8.5.1.3 Payment for wages lost on any day shall not, when added to an award granted the unit member under the workers’ compensation laws of this State, exceed the normal wage for the day.

8.5.1.4 Industrial Accident Leave will be reduced by one (1) day for each day of authorized absence, regardless of any compensation award made under workers’ compensation.

8.5.1.5 Periods of leave of absence under Section 8.5, paid or unpaid, shall not be considered to be a break in service of the unit member.

8.5.1.6 No employee shall return to work without prior authorization from the Business Services Office.

8.5.2 During all paid leaves of absence, whether Industrial Accident Leave as provided in this Section, sick leave, vacation, or other available leave provided by law or the action of a governing board, the unit member shall endorse to the District wage loss benefit checks received under the workers’ compensation laws of this State. The District, in turn, shall issue the unit member appropriate warrants for payment of wages or salary and shall deduct normal retirement and other authorized contributions.

8.5.3 Industrial Illness and Accident Leave benefits are in addition to sick leave benefits. 24

8.5.4 A unit member shall be deemed to have recovered from an accident or illness and thereby able to return to work at such time as his/her physician so indicates subject to District verification of medical fitness to perform work by appropriate medical authority at District expense.

8.6 Parental Leave

8.6.1 General

Upon request, the District shall grant an unpaid leave of absence for up to one (1) year to any classified unit member who must be absent from duties because of pregnancy, miscarriage, or childbirth, and the recovery therefrom. The unit member must submit to Human Resources a written request along with medical verification for the necessity of the leave. Pregnancy and pregnancy-related disability leave provided under Federal and/or State law shall run concurrently with leave under this section.

8.6.2 Non-discrimination

There shall be no discrimination in the unit member’s continued right to work or the application and use of sick leave, health insurance, or any other employee rights and benefits on the basis of pregnancy, miscarriage, or childbirth and recovery therefrom.

8.6.3 Child Rearing Leave

Upon request, the District shall provide continued unpaid leave for up to one (1) year after the birth or adoption of a child. Unit members will have the right to return to the same position classification, months, and hours as held prior to the leave. Child rearing leave provided under Federal and/or State law shall run concurrently with this section.

8.7 Leaves of Absence for Personal Reasons

Permanent unit members covered by this Agreement may request personal leave at no cost to the District. Such leaves may be granted at the sole and exclusive discretion of the District and may be granted for a period up to one (1) year. Unit members on Leaves of Absence for Personal Reasons shall have the right to participate in the District Health and Welfare benefit programs, not expressly prohibited by law and consistent with insurance carrier requirements, at no expense to the District. An employee shall return, if possible, to the position held prior to the leave of absence or to a similar position if available, in the same classification for which the employee is qualified.

8.8 Jury Duty/Official Appearance Leave

8.8.1 Judicial or official appearance leave shall be granted for purposes of regularly called jury duty, appearance as a witness in court other than as a private litigant on non-employment related matters, or to respond to an official order from another government jurisdiction for reasons not brought about through the malfeasance of the employee.

8.8.2 Upon receiving notification of a judicial or official appearance request, the employee shall inform his/her supervisor of said notification. The employee seeking an official jury duty leave or official appearance leave shall submit appropriate verification of the use of such leave to the supervisor.

8.8.3 An employee shall be granted a leave of absence for judicial appearance leave not to exceed the duration of the requirements for participation and appearance.

On the first day bargaining unit members are to report for Jury Duty, the following provisions shall apply:

Eight (8) hour employees who report and are released prior to noon shall return to work for the remaining four (4) hours of their work day. Work hours for all eight (8) hour employees shall be adjusted on this day to begin at 8:00 a.m. If an employee is released prior to noon, the remaining work schedule shall be mutually agreed to by the employee and his or her immediate supervisor.

For employees who work less than eight (8) hours and more than four (4) hours, if the jury service is more than fifty percent (50%) of their work hours, they are not required to return to work for the remainder of the day, with the exception of school bus drivers who are to call the Transportation Office to make sure their runs are covered or who may opt to drive additional hours if available.

Employees who work less than four (4) hours who are released prior to 10:00 a.m. shall call their work site to ensure substitute coverage has been provided and determine with their immediate supervisor what options regarding use of leave or return to work shall be utilized.

After the first day of jury service, should an employee be required to return or be empanelled on a jury, the hours spent in jury service shall constitute the 26 working day. For any days court is not in session, the employee shall return to work.

8.8.4 An employee granted a jury duty leave under these provisions shall be granted full District compensation. Fees received by the employee, paid by the Court, excluding travel and subsistence expenses, shall be subject to payroll deduction. Such deduction shall be taken after a sixty (60) day period subsequent to submission of an absence affidavit verifying completion of jury service.

8.9 Military Leave

Leave for purposes of military service shall be granted pursuant to applicable Federal and State law including, but not limited to, the Uniformed Services Employment and Reemployment Rights Act and the Military and Veteran’s Code.

8.10 Sick Leave Granted for Quarantine

If a unit member is unable to report for work because of quarantine, the days of absence may be charged against the unit member’s sick leave.

8.11 Transfer of Accumulated Sick Leave

Transfer of accumulated sick leave for newly employed unit members shall be consistent with legal requirements.

8.12 Absences of One Hour or Less

If for good and compelling reasons a unit member must be absent from the work site for a period of one (1) hour or less, with twenty-four (24) hours’ notice and prior approval of the immediate supervisor, the unit member may be allowed to make up the period of absence on the same day or next work day in lieu of utilizing leave benefits under this Article. All absences of more than one (1) hour will necessitate utilization of the appropriate leave provisions of this Article.

8.13 Study Leave

An unpaid leave of absence may be granted to any unit member for the purpose of retraining or study.

8.13.1 Such leave may be granted at the sole discretion of the Board of Education and may be granted for a period up to one (1) year.

8.13.2 Unit members shall have the right to participate in the District Health and Welfare benefit programs, not expressly prohibited by law and consistent with insurance carrier requirements, at no expense to the District.

8.13.3 Such unpaid leave shall not be deemed a break in service but credit shall not be granted for the purpose of advancement on the salary schedule.

8.13.4 The unit member shall return to a similar position in the same classification for which the employee is qualified.

8.14 Personal Business Leave

8.14.1 Leave without pay may be granted for reasons of personal business. Personal Business Leave must have prior approval of the employee's supervisor.

8.14.2 Personal Business Salary Deductions

Computation of personal business salary deductions shall be based on the employee’s per diem salary for each day of absence. 27

8.15 Family Care and Medical Leave

Family Care and Medical Leave provides a maximum of twelve (12) weeks of leave in any contiuous twelve (12) month period for all qualifying unit members who have attained permanent status in the position classification. Leave under this article shall entitle the unit member to all benefits of employment, except for salary, on the same basis as if the unit member were not on leave. If the unit member fails to return from leave for a reason other than the continuation, recurrence, or onset of a serious health condition, then the unit member shall reimburse the District for premiums paid to maintain group benefits.

There will be no more than twelve (12) weeks of Family Care and Medical Leave granted per unit member for any one qualifying event in any continuous twelve (12) month period. This leave will run concurrently with Extended Illness Leave. Leave may be taken in multiple segments of time if used for medical necessity as certified on the leave application. Except in case of emergency, leave should be arranged thirty (30) days in advance.

8.15.1 Definitions

8.15.1.1 "Child" means a biological, adopted or foster child; a stepchild; a legal ward; or a child of a person standing "in loco parentis" who is either under eighteen (18) years of age or an adult dependent child.

8.15.1.2 "Parent" means a biological, foster or adoptive parent, a stepparent, a legal guardian, or other person who stood "in loco parentis" to the unit member when the unit member was a child.

8.15.1.3 "Serious Health condition" means an illness, injury, impairment, or physical or mental condition that involves either in-patient care in a hospital, hospice or residential health care facility, or continuing treatment or supervision by a health care provider.

8.15.1.4 "Health Care Provider" means a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices.

8.15.2 Leave Qualifiers

8.15.2.1 Personal Illness Due To a Serous Health Conidtion – Personal illness requires a physician’s off-work order and will run concurrent with extended illness leave.

8.15.2.2 Family Illness Due To a Serious health Condition – "Family" is defined as a spouse, parent, or child. Family illness requires medical certification on the District’s request form. All available paid leaves may be used as part of the twelve (12) weeks of family leave.

8.15.2.3 New Dependent Care (birth, adoption, or placement of a foster child) – Dependent care leave requires certification of new dependent on the District’s leave request form. This leave must be taken within one (1) year of new dependent’s arrival. If not taken immediately following the qualifying event, the leave must be arranged in advance with the supervisor’s approval, so as to least interrupt the educational program.