Common use of Assault Leave Clause in Contracts

Assault Leave. Any member of the bargaining unit employed by the Board assaulted by a student currently enrolled in the district or assaulted by any person except an employee of the Board while in the course of such teacher's employment, and such teacher is temporarily disabled by any injury resulting from such assault, shall remain on the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge to his/her sick leave chargeable as assault leave. To be eligible for assault leave, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paid, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) days, and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, for damages sustained to the personal property of a member of the bargaining unit directly arising out of an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which he/she has a claim.

Appears in 6 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Assault Leave. Any member of the bargaining unit employed by the Board assaulted by a student currently enrolled in the district 1. A Bargaining Unit Member who is required to be absent due to physical or assaulted by any person except mental disability resulting from an employee of the Board while assault, which occurs in the course of such teacher's employment, and such teacher is temporarily disabled by any injury resulting from such assaultBoard employment while on duty on school grounds during school hours or where required to be in attendance at a school-sponsored function, shall remain on the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge to his/her sick leave chargeable as assault leave. To If such leave extends beyond five (5) days, the Bargaining Unit Member may be eligible required to be evaluated by a licensed professional appointed by and paid for by the Board. The Board shall be entitled only to a simple certification of disability as a result of said examination. Upon determination of eligibility by the Board, such leave shall be granted for a period not to exceed one hundred eighty- four (184) school days upon the Bargaining Unit Member's delivering to the Treasurer a signed statement, unless unable to sign, on forms prescribed by the Board of Education and maintained by the Treasurer. 2. Such statements will indicate the nature of the injury, the date of its occurrence, the identity of individual(s) causing the assault, if known, the facts surrounding the assault and the willingness of the Bargaining Unit Member to participate and cooperate with the Board in pursuing legal action against the assailant(s). If medical attention is required, the Bargaining Unit Member shall supply a certificate from a licensed physician stating the nature of the disability and its duration. Need for absence because of assault may also be verified by a Board appointed physician. 3. Full payment for assault leave, the certificated employee shall apply for less worker's compensation and be granted Workers' Compensation. If Workers' Compensation benefits are paidany other financial remuneration, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) daysthe Bargaining Unit Member's per diem rate of pay and will not be approved for payment unless and until the form and certificate, and shall terminate at such time Workers' Compensation benefits as provided above, are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, for damages sustained supplied to the personal property of a member of the bargaining unit directly arising out Treasurer. A Bargaining Unit Member absent from work because of an assault as defined herein provided such employee has applied shall not be gainfully employed elsewhere. Falsification of either the signed statement or a physician's certificate is grounds for and been refused reimbursement suspension or termination of employment under Ohio Revised Code Section 3319.16 Where the assaulted Bargaining Unit Member becomes eligible for benefits under the State Bargaining Unit Members Retirement System because of any existing insurance coverage and has been unsuccessful in disability or because of age, or where the recovery of such damages in any legal proceeding in which he/she has a claimBargaining Unit Member's employment by this district ceases, this leave provision shall no longer apply.

Appears in 6 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

Assault Leave. Any member of the bargaining unit employed by the Board assaulted by a student currently enrolled in the district or assaulted by any person except an 1. An employee of the Board while Alliance City Schools who, without fault, must be absent due to physical disability resulting from an assault which occurs in the course of such teacher's employmentBoard employment while on duty on school grounds during school hours or where required to be in attendance at a school sponsored function shall, and such teacher is temporarily disabled by any injury resulting from such assault, shall remain on the payroll as a regular employee and shall receive after using all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven or three (73) days that the eligible employeeof accumulated and unused sick leave, as hereinafter definedwhichever is less, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge to his/her sick leave chargeable as assault leave. To be eligible for assault leave. [When an employee has no accumulated sick leave, three days of sick leave will be advanced.] Assault leave shall be granted for the period of physical disability not to exceed one-hundred eighty (180) school days upon the member's delivering to the Superintendent a signed statement indicating the nature of the injury, the certificated employee shall apply for date of its occurrence, the identity of the individual(s) causing the assault and be granted Workers' Compensationthe facts surrounding the assault. If Workers' Compensation benefits are paidmedical attention is required, the Board member shall pay to such employee supply a certificate from a licensed physician stating the difference between nature of the benefits received from Workers' Compensation disability and the employeeits anticipated duration. 2. Full payment for assault leave, less Worker's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) daysthe member's per diem rate of pay exclusive of supplementary pay and will not be approved for payment unless and until the statement and certificate, and shall terminate at such time Workers' Compensation benefits as provided above, are terminated, whichever first occurs. Except as otherwise approved by submitted to the Superintendent, any teacher receiving assault leave shall file . Falsification of either the signed statement or a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, physician's certificate is grounds for damages sustained to the personal property suspension or termination of a member employment under Section 3319.16 of the bargaining unit directly arising out of an Ohio Revised Code. 3. Where the member exhausts his/her assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which leave, he/she has a claimmay use sick leave for the period of physical disability. If sick leave and the assault leave provided for herein become exhausted, the member may apply for further assault leave. Whether such additional assault leave is granted shall be determined solely by the Board in its discretion. Where the assaulted member becomes eligible for benefits under the State Teachers' Retirement System because of any disability or because of age or where the member's employment by the Board ceases for any reason whatsoever, this leave provision shall no longer apply and any assault leave payments shall automatically terminate.

Appears in 5 contracts

Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

Assault Leave. Any member Notwithstanding the provision of Section 3319.141 of the bargaining unit employed by Ohio Revised Code, the Board assaulted by a student currently enrolled in employer will grant assault leave to cover employee absence due to disability resulting from assault under the district following conditions. Any certified teacher who must be absent from his or assaulted by any person except her duties due to disability resulting from an employee of the Board while assault which occurs in the course of such teacheran employee's Board employment, on or off school premises before, during or after school hours will be paid his or her full scheduled compensation for a maximum period of thirty (30) days. If permanently disabled, the teacher must apply for disability retirement and no assault leave shall be granted after such retirement has been approved. The period of such absence, as defined in this provision, shall be termed "assault leave." Before assault leave can be approved, the teacher shall furnish to the superintendent a written, signed statement describing the circumstances and events surrounding the assault, and the cause thereof, including the location and time of the assault, name and address of victims and witnesses and a description of the injuries sustained by each victim of the assault, unless physically impossible to do so. If medical attention is required or sought, the teacher shall also furnish to the Superintendent a statement of the nature of the disability and its duration, which has been signed by a physician licensed in the State of Ohio. Falsification of either the written, signed statement of the events or circumstances surrounding the assault, or the physician's statement shall be grounds for suspension or termination of employment under 3319.16 O.R.C. Assault leave, which is approved by the Superintendent, shall not be charged against sick leave earned or earnable by the teacher on leave granted under regulations adopted by the Board, pursuant to 3319.08 O.R.C. or any other leave to which the teacher is temporarily disabled by any injury resulting from such assault, entitled. Assault leave benefits shall remain on the payroll as a regular employee and shall receive all benefits as not be paid if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge to his/her sick leave chargeable as assault leave. To be eligible for assault leave, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paid, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made paid to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) days, and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, for damages sustained to the personal property of a member of the bargaining unit directly arising out of an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which he/she has a claimteacher.

Appears in 5 contracts

Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

Assault Leave. Any member 1.02.1 Pursuant to §3319.143, an employee who is unable to work because of injury resulting from an assault received in or arising out of employment, whether during or outside of school hours and whether on or off school property, shall receive full scheduled compensation for the bargaining unit employed period of total disability less any amount received by the employee under the income continuity policy, which is fully paid by the Board, and less any compensation received by the employee under the Workers' Compensation Act of Ohio. 1.02.2 No additional payment shall be made or required for any period during which the employee elects to take sick leave. 1.02.3 The employee shall not qualify for, or accrue, assault leave except upon submission of an application on a form to be furnished by the Board assaulted by a student currently enrolled in of Education justifying the district or assaulted by any person except an employee granting of 1.02.4 Payment of the Board while in the course of such teacher's employment, and such teacher is temporarily disabled by any injury resulting from such assault, shall remain on the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge to his/her sick leave chargeable as assault leave. To be eligible for assault leave, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paid, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) days, and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault leave shall file a complaint with be at the regular rate of pay in effect for the employee at the time of such assault. Payment shall also include amounts being made or contracted to be made under supplemental contracts during the school year in which the assault occurs. 1.02.5 An employee who is on assault leave must apply for disability benefits under STRS/SERS as soon as the employee becomes eligible. Board payment for assault leave shall be discontinued as of the date of the STRS/SERS board decision as to whether the employee is eligible for disability benefits or is otherwise eligible for STRS/SERS benefits for age or for retirement. An employee who has not been granted STRS/SERS disability benefits will be expected to return to work or, if the employee presents appropriate law enforcement agency against medical documentation, may continue on an unpaid medical leave pursuant to the assailantprovisions of section 1.13.0 of this Negotiated Agreement. In all other respects not covered by this section, the provisions of O.R.C. §3319.143 shall apply. The Board shall payhave the right to schedule periodic medical examinations at its expense to confirm the continuing disability. 1.02.6 No reduction will be made from the employee's assault leave, not to exceed $250.00, sick leave and/or retirement severance paid by the Board for damages sustained to sums awarded the personal property of employee by the Workers' Compensation Commission for a member of the bargaining unit directly arising out of an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which he/she has a claimpermanent disability.

Appears in 5 contracts

Sources: Employment & Human Resources, Collective Bargaining Agreement, Collective Bargaining Agreement

Assault Leave. Any member of the bargaining unit employed by the Board assaulted by a student currently enrolled in the district or assaulted by any person except an 1. An employee of the Board while in the course of such teacher's employment, and such teacher who is temporarily disabled by any injury absent due to disability resulting from such assault, shall remain on the payroll as a regular employee and an assault related to Board of Education employment shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge to his/her sick leave chargeable as assault leave. To be eligible for assault leaveAssault is defined as the intentional, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paidknowing, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made or reckless causation of harm to the injured employee by the Bureau of Workers' Compensationanother person, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) days, and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise approved including injuries suffered by the Superintendent, any teacher receiving assault leave shall file employee during the course or as a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, for damages sustained to the personal property of a member of the bargaining unit directly arising out result of an assault as defined herein provided upon third person(s). The employee shall not suffer the loss of salary, sick leave, or any other emolument. Assault leave shall be limited to a maximum of twelve (12) months duration from the date upon which the assault occurred. If the leave exceeds five (5) school days, the Board of Education may require a physician’s note. 2. The employee shall not qualify for assault leave except upon submission of a written application, justifying the granting of assault leave. An employee must also file a report with the proper law enforcement authorities. If medical attention is required, the employee shall furnish a certificate from the attending physician stating the nature of the disability and its expected duration. Falsification of either a signed statement or a physician’s certificate is grounds for suspension or termination of employment under Section 3319.16 of the Revised Code. Any student guilty of assaulting an employee shall be disciplined in accordance to Board Policy. 3. Payment of assault leave shall be at the regular rate of pay (employee’s regular pay plus any extra-duty, supplemental and/or supplementary pay) in effect for such employee at the time of such assault, less any compensation to which the employee is entitled under the Worker’s Compensation Act of Ohio. 4. An employee who has applied been assaulted in connection with the performance of a professional assignment of this Board of Education shall notify the building principal. The employee shall be apprised of his/her right to confer with a representative of the employee’s choice prior to the submission of any report. The employee shall file a written report and the report shall be signed by the employee and/or his/her representative. 5. An employee temporarily disabled as a result of assault shall be returned to a position in accordance with Article IV, D (5), unless the employee’s contract has been non-renewed or employment has been terminated for any other reason. Assault leave shall cease with the date of expiration of the employee’s last limited contract or the effective date of termination in the event of nonrenewal or termination of the employee’s contract for any other reason. 6. If court action results, the employee shall be granted leave of his/her professional duties with no loss of pay for necessary time in court. 7. If the Board of Education chooses to prosecute the individual(s) responsible for criminal action that resulted in an employee qualifying for and been refused reimbursement under any existing insurance coverage and has been unsuccessful utilizing the assault leave provision of this agreement, the affected employee must be willing to testify in the recovery prosecution of the individual(s) involved in such damages in any legal proceeding in which he/she has a claimaction. The Board of Education agrees to assume all costs associated with said prosecution.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Assault Leave. Any If any member of the bargaining unit employed by the Board assaulted by is absent due to a student currently enrolled in the district or assaulted by any person except physical injury resulting from an employee of the Board assault occurring while in the course of such his/her employment, assignment of duties, and/or fulfilling duties at a school sponsored event/function he/she shall be eligible to receive assault leave. Such leave shall be granted for a period not to exceed thirty (30) work days upon the teacher's employmentfiling of a completed Assault Leave form (Appendix G) with the Treasurer. The teacher shall file a full written report concerning any assault after having the opportunity to consult with representation of his or her choice. An employee receiving assault leave agrees to give written and/or verbal testimony to assist the Board and the administration as necessary to insure appropriate disciplinary action is taken against the attacker, as well as agrees to file charges with the appropriate authorities. In any case, the employee, acting in a personal capacity, retains the right to take whatever legal action desired. The teacher shall supply a certificate from a licensed physician stating the nature of the disability and its expected duration. The Superintendent may require that the process of establishing a teacher's eligibility for assault leave may also include an examination by a Board-appointed physician. In that event, the examination shall be at Board expense. If an employee applies for an assault leave, he/she shall also apply for Worker’s Compensation at the same time. Assistance to apply for Worker’s Compensation shall be provided by the District Administration to employees who apply for assault leave. Payment for assault leave shall equal the teacher's per diem rate of pay inclusive of supplementary pay, less workers' compensation, if any, and such teacher is temporarily disabled by any injury resulting from such assault, shall remain on will not be approved for payment unless and until the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employeeform and/or certificate, as hereinafter definedprovided above, are submitted to the Superintendent. Falsification of either the signed statement or a physician's certificate is forced grounds for disciplinary action up to miss because and including termination pursuant to Ohio Revised Code Section 3319.16. Where the teacher exhausts the assault leave, he/she may reapply for a maximum of two additional thirty (30) work day assault leaves under the provisions specified in Article XV, A. Where the teacher exhausts the assault leave, he/she may utilize any of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge to his/her accumulated and unused sick leave chargeable as assault leave. To be eligible for assault leave, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paid, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) days, and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, for damages sustained to the personal property of a member of the bargaining unit directly arising out of an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which he/she has a claim.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Assault Leave. Any member Notwithstanding the provision of Section 3319.141 of the bargaining unit employed by the Board assaulted by a student currently enrolled in the district or assaulted by any person except an employee of the Board while in the course of such teacher's employment, and such teacher is temporarily disabled by any injury resulting from such assault, shall remain on the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not coverOhio Revised Code, the Board will continue grant assault leave to covered employees absent due to physical disability resulting from assault under the employee's salary without charge following conditions: Any employee who must be absent from his or her duties due to his/her sick leave chargeable as physical disability resulting from an assault leave. To be eligible for while working or participation in school-related activities, on or off school premises, before, during, or after school hours, provided that such assault leaveis also directly related, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paid, the Board shall pay attributed to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave or rising out of the employment by this system of said employee. Assault leave as provided herein shall not exceed more than , will be paid his or her full schedule compensation for a maximum period of thirty (30) days. If permanently disabled, the employee must apply for disability retirement and no assault leave shall be granted after such retirement has been approved. The period of such absence, as defined in this provision, shall be termed "assault leave. Before assault leave can be approved, the employee shall furnish to the Superintendent, a written, signed statement describing the circumstances and events surrounding the assault, and the cause thereof, including the location and time of the assault, name and address of the victims and witnesses, and a description of the injuries sustained by each victim of the assault. If medical attention is required or sought, the employee shall terminate at such time Workers' also furnish to the Superintendent, a statement of the nature of the disability and its duration which has been signed by a physician licensed in the State of Ohio. Falsification of either the written, signed statement of the event or circumstances surrounding the assault, or the physician's statement, shall be grounds for suspension or termination of employment. Assault leave which is approved by the Superintendent shall not be charged against sick leave earned by the employee or leave granted under regulations adopted by the Board, pursuant to 3319.08, Ohio Revised Code, or any other leave to which the employee is entitled. Assault leave benefits shall not be paid if Worker's Compensation benefits are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, for damages sustained paid to the personal property of a member of the bargaining unit directly arising out of an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which he/she has a claimemployee.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Assault Leave. Any member of the bargaining unit employed by the Board assaulted by a student currently enrolled Pursuant to and in the district or assaulted by any person except an employee of the Board while in the course of such teacher's employmentaccordance with Section 3319.143, and such teacher is temporarily disabled by any injury resulting from such assaultOhio Revised Code, shall remain on the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge to his/her sick leave chargeable as assault leave. To be eligible for assault leave, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paid, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) days, and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not be granted to exceed $250.00, for damages sustained to the personal property of a member of the bargaining unit directly arising out who is absent from his/her assigned duties because of injury resulting from an assault. Said leave shall not be charged against sick leave earned or earnable under Section 3319.141, Ohio Revised Code, or leave granted under rules adopted by the Buckeye Local Board of Education pursuant to Section 3319.08, Ohio Revised Code. Said member shall be granted the aforementioned assault leave and shall be maintained on full pay status, including fringe benefits, during such absence. A member of the bargaining unit shall be granted assault leave according to the following rules: 1. The absence resulted from a school related incident which must have occurred during the course of employment with the Buckeye Local Board of Education during the contractual year or when on assignment for the Board. 2. Upon notice to the principal or immediate supervisor that an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and upon a member has been unsuccessful committed, any member having information relating to such assault shall, as soon as possible, prepare a written statement embracing all facts within the member’s knowledge regarding said assault, sign said statement, and present it to the building principal or immediate superior. 3. If the employee received medical attention and/or is absent from his/her assigned duties more than five (5) working days, a certificate from a licensed physician stating the nature of the disability and its duration may be required before assault leave payment is made. 4. A member of the bargaining unit shall not qualify for payment of used assault leave until the Assault Leave Form has been submitted. 5. Payment for assault leave shall be at the assaulted member’s rate of pay in effect at the recovery time of such damages the assault or at the rate for which the member becomes eligible in any legal proceeding in which he/she has accordance with Ohio Revised Code. Pay would include supplementary contract amounts. 6. Payment shall be discontinued when the member elects to retire, or after thirty (30) working days, whichever occurs first. 7. If Workers’ Compensation is awarded for disability for said injury, then the amount awarded will be deducted from the member’s full salary. 8. Falsification of either a claimsigned statement or a physician’s certification is reason for suspension or termination of employment under Section 3319.16, Ohio Revised Code.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Assault Leave. Any Notwithstanding the provisions of Section 3319.14 of the Ohio Revised Code, the Oregon Board of Education will grant assault leave to a classified bargaining unit member absent due to physical disability resulting from assault under the following conditions: A classified bargaining unit member who is absent due to disability resulting from an unprovoked attack upon said bargaining unit member which assault occurs on Board of Education premises and in the course of said bargaining unit member’s employment shall, subject to the approval of the Superintendent, be granted up to 15 working days assault leave. The period of such absence, as defined in this provision, shall be termed “assault leave”. During such assault leave, said bargaining unit member shall be maintained on full pay basis. Assault shall be defined as intentional physical contact, which results in injury. If permanently disabled, the bargaining unit member shall apply for disability retirement and no assault leave shall be granted after such retirement has been approved. Before assault leave can be approved, the bargaining unit member shall furnish the Superintendent with the following information: 1. A signed, written statement describing the circumstances and events surrounding the assault and the cause thereof, including the location and time of the assault and the names and addresses of participants, victim, and witnesses, to the extent available; 2. A signed, written statement from a licensed physician stating the nature and duration of the disability and the necessity of absence from regular employment; and 3. A signed, written statement of the bargaining unit employed by the Board assaulted by member’s intent to file a student currently enrolled in the district or assaulted by any person except an employee of the Board while in the course of such teacher's employment, and such teacher is temporarily disabled by any injury resulting from such assault, shall remain on the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter providedcriminal assault charge. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge to his/her sick leave chargeable as assault leave. To be eligible for assault Assault leave, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paid, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation which is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) days, and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault shall not be charged against sick leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, for damages sustained to the personal property of a member of earned or earnable by the bargaining unit directly arising out member on leave granted under regulations adopted by the Board pursuant to 3319.08 of an assault as defined herein provided such employee has applied for and been refused reimbursement under the Ohio Revised Code, or any existing insurance coverage and has been unsuccessful in other leave to which the recovery of such damages in any legal proceeding in which he/she has a claimbargaining unit member is entitled. Assault leave benefits shall not be paid concurrently with worker’s compensation wage benefits.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Assault Leave. Any member 1. The Board will provide up to a maximum of the ten (10) paid work days of assault leave to a bargaining unit employed by the Board assaulted by a student currently enrolled in the district or assaulted by any person except member who is absent due to physical disability resulting from an employee of the Board while assault which occurs in the course of a bargaining unit member's Board employment. The bargaining unit member will be maintained on full pay status during the period of such teacherabsence under the following provisions: a. The bargaining unit member who has been assaulted must furnish a written signed statement on forms provided by the Board to justify use of assault leave. b. A certificate from a licensed physician stating the nature of the disability and its duration shall be provided before assault leave can be approved for payment. 2. Falsification of either a written signed statement or a physician's certificate shall be grounds for suspension or termination of employment, and such teacher . 3. Assault leave granted under this provision shall not be charged as sick leave or other leave. 4. If the bargaining unit member is temporarily physically disabled by any injury the assault for longer than ten (10) school days, the Superintendent may approve an extension of assault leave and may require a second medical opinion to substantiate such leave extension. 5. If a bargaining unit member's absence resulting from such assaultassault is covered by ▇▇▇▇▇▇'s Compensation, the Board shall remain on provide the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For additional compensation that will provide the first seven (7) days that bargaining unit member with the eligible employee, as hereinafter defined, is forced to miss because same income he/she was receiving at the time of his/her work related injury which assault. In the event a delayed award by ▇▇▇▇▇▇'s Compensation does not coverresults in total combined payment to the employee which results in an amount equal to or more than the bargaining unit member's normal per diem rate, the Board excess payment will continue the employee's salary without charge to his/her sick leave chargeable as assault leave. To be eligible for assault leave, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paid, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made returned to the injured Board. 6. The employee by may be required to file charges against the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) daysassailant(s), and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise approved furnish a written statement on forms provided by the Superintendent, any teacher receiving assault leave Board. 7. Physical disability shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, mean actual physical injury and not to exceed $250.00, for damages sustained to the personal property of a member of the bargaining unit directly arising out of an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which he/she has a claimemotional disability.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Assault Leave. Any member of the bargaining unit employed by the Board assaulted by a student currently enrolled in the district A certificated/licensed employee who is absent due to physical, emotional, or assaulted by any person except psychological disfigurement from an employee of the Board while assault which occurs in the course of such teacher's employment, Board employment and such teacher is temporarily disabled by any injury resulting from such assault, job related shall remain on the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge to his/her sick leave chargeable as assault leave. To be eligible for assault leave under the following provisions: a. On behalf of the employee who has been assaulted, a written statement must be presented to the Board of Education to justify the use of assault leave. b. If medical or psychological attention is required, a certificate from a licensed physician, psychologist, or counselor stating the certificated employee shall apply nature of the disability and its estimated duration may be requested before assault leave can be approved for and be granted Workers' Compensationpayment. If Workers' Compensation benefits are paid, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation assault leave is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) days, and such a certificate shall terminate at such time Workers' Compensation benefits are terminatedbe required. c. Assault leave shall be in effect for the period of disability or twelve (12) months duration commencing with the first day leave is taken, whichever first occursis less. Except as otherwise approved The Board may extend assault leave beyond twelve (12) months if it so desires. d. If court action results, said employee shall be granted leave from his/her professional duties and a qualified substitute shall be hired. No loss of pay will occur for days in court or days requested by his/her legal counsel, the Superintendentcourt officials, any teacher receiving and/or the law enforcement officers. e. Assault leave granted under these regulations shall not be charged under sick leave earned or earnable under Section 3319.141 of the Ohio Revised Code. f. An employee on assault leave shall file receive all emoluments of employment and, upon return, shall be assigned to the same or a complaint with similar position for which the employee is qualified. She/he shall be given the appropriate law enforcement agency against placement on the assailantsalary schedule had assault leave not been taken. g. In cases where legal action may ensue, the Principal shall attempt to obtain a list of witnesses to the assault. The Board Principal shall paypromptly attempt to obtain written reports from all the witnesses. These statements shall be signed, not to exceed $250.00dated, for damages sustained and forwarded to the personal property of Superintendent’s office where they shall be available to the employee and/or the employee’s representative. h. Any time a member of the bargaining unit directly arising out teacher is a victim of an alleged assault and/or battery by a pupil, the pupil will be immediately removed from school (or extra-curricular activity) until such time as defined herein provided such employee has applied a hearing for and been refused reimbursement suspension or expulsion can be held. Nothing in this provision is to be construed as violating any other rights that the pupil(s) or teacher may have under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which he/she has a claimstate or federal laws.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Assault Leave. Any member of the bargaining unit employed by the Board assaulted by a student currently enrolled ‌ Pursuant to and in the district or assaulted by any person except an employee of the Board while in the course of such teacher's employmentaccordance with Section 3319.143, and such teacher is temporarily disabled by any injury resulting from such assaultOhio Revised Code, shall remain on the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge to his/her sick leave chargeable as assault leave. To be eligible for assault leave, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paid, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) days, and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not be granted to exceed $250.00, for damages sustained to the personal property of a member of the bargaining unit directly arising out who is absent from his/her assigned duties because of injury resulting from an assault. Said leave shall not be charged against sick leave earned or earnable under Section 3319.141, Ohio Revised Code, or leave granted under rules adopted by the Buckeye Local Board of Education pursuant to Section 3319.08, Ohio Revised Code. Said member shall be granted the aforementioned assault leave and shall be maintained on full pay status, including fringe benefits, during such absence. A member of the bargaining unit shall be granted assault leave according to the following rules: 1. The absence resulted from a school related incident which must have occurred during the course of employment with the Buckeye Local Board of Education during the contractual year or when on assignment for the Board. 2. Upon notice to the principal or immediate supervisor that an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and upon a member has been unsuccessful committed, any member having information relating to such assault shall, as soon as possible, prepare a written statement embracing all facts within the member’s knowledge regarding said assault, sign said statement, and present it to the building principal or immediate superior. 3. If the employee received medical attention and/or is absent from his/her assigned duties more than five (5) working days, a certificate from a licensed physician stating the nature of the disability and its duration may be required before assault leave payment is made. 4. A member of the bargaining unit shall not qualify for payment of used assault leave until the Assault Leave Form has been submitted. 5. Payment for assault leave shall be at the assaulted member’s rate of pay in effect at the recovery time of such damages the assault or at the rate for which the member becomes eligible in any legal proceeding in which he/she has accordance with the Ohio Revised Code. Pay would include supplementary contract amounts. 6. Payment shall be discontinued when the member elects to retire, or after one hundred eighty-five (185) working days, whichever occurs first. 7. If Workers’ Compensation is awarded for disability for said injury, then the amount awarded will be deducted from said teacher’s full salary. 8. Falsification of either a claimsigned statement or a physician’s certification is reason for suspension or termination of employment under Section 3319.16 Ohio Revised Code.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Assault Leave. Any member of the Assault on a bargaining unit employed by the Board assaulted by member is a student currently enrolled in the district or assaulted by any person except an most grievous act. An employee who is required to be absent due to a physical disability resulting from a physical assault and/or as a result of the Board while mediating a dispute which occurs in the course of such teacher's Board employment; while on school grounds; during school hours; or where required to be in attendance at school-sponsored functions, and such teacher that employee shall be eligible to receive fifteen (15) days assault leave as explained below. Physical disability for the purpose of this section is temporarily disabled by any injury defined as a temporary condition of incapacity resulting from such assault, shall remain on the payroll as a regular physical action against an employee and shall receive all benefits as if on sick by another person or persons. If assault leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not covergranted, the Board will continue maintain the employee's salary without charge Assistant on full-pay status during the period of such absence under the following provisions: The employee who has been assaulted must furnish a written, signed statement on forms provided by the Board of Education to his/her sick leave chargeable as justify the use of assault leave. To If medical attention is required, a certificate stating the nature of the disability and its duration from a licensed physician shall be eligible required before assault leave can be approved for assault leavepayment. Falsification of either a written, signed statement or a physician’s certificate shall be grounds for suspension or termination of employment. Assault leave granted under these regulations shall not be charged under sick leave earned or earnable under Section 3319.141 of the Revised Code or leave granted under regulations adopted by the Board pursuant to Section 3319.08 of the Revised Code. 1. An incident report (available from the principal, health aide, and the business office) must be filled out immediately, if possible, or within twenty-four (24) hours provided, that if the employee so requests, the certificated employee shall apply for and have an opportunity to consult with representation of the employee’s choice prior to filing the report. 2. The bargaining unit member must notify the office that medical attention is needed. The bargaining unit member does not need to wait until the end of the day to get medical attention. Coverage should be granted Workers' Compensationreadily provided. 3. Bargaining unit members will be provided with notice of the location of the Board’s designated health care facility on an annual basis. If Workers' Compensation benefits are another facility is utilized, the bargaining unit member must be seen by a doctor at the Board’s designated health care facility within twenty-four (24) hours, or Monday morning (if medical attention is needed on the weekend) following initial medical care at another facility. 4. A referral must be written for discipline as soon as possible. Again, be sure to write assault directly on the referral. A principal must make every attempt to talk to the bargaining unit member who was assaulted to get the necessary information prior to acting on the disciplinary referral. 5. The bargaining unit member may file a police report for the assault. This can be done at school or directly at the Euclid Police Department. The administrator must call the police for the bargaining unit member to enable the bargaining unit member to file a police report at school. The bargaining unit member may make the report at the Euclid police department. 6. If medical attention is needed, over a long period of time, a certificate of medical need from a licensed doctor must be sent to the Superintendent or his or her designee’s office. With this certificate on file, the bargaining unit member is ensured under the assault provision that he/she will not be charged for any necessary days or time missed. 7. The administrator and/or bargaining unit member will make the union aware of any assault situations. In circumstances which you suspect might result in legal action, contact your union representative. When a student returns to school following an expulsion for assaulting an Educational Assistant, upon request of the Educational Assistant who was assaulted, the student will be placed in another class if an appropriate placement is available. 8. A complete investigation of the matter will be conducted by the principal and his staff and a report, including recommendations, will be made to the Superintendent. 9. The Superintendent or his or her designee will review the matter and determine the action to be taken. Notification of this action will be sent to all parties involved. This may include legal court action and/or expulsion from school. 10. The Superintendent shall render all reasonable assistance to the Educational Assistant in connection with the handling of the incident by law enforcement and judicial authorities including protecting the Educational Assistant’s interests. 11. In the case of an assault by a student on a bargaining unit member causing injury for which worker’s compensation is paid, the Board will pay the monthly premiums on the adopted medical plan and term life insurance for a period not to exceed two (2) years. It is expected that employees will not abuse this policy and return to work as soon as physically possible, even if certain emotional distress lingers. If and when the employee exhausts the fifteen (15) days assault leave, he/she may use sick leave. If sick leave and the assault leave provided for herein become exhausted, the employee may apply for further assault leave. Whether such additional leave is granted shall pay to such be determined solely by the Board and upon the recommendation of the Superintendent. Where the assaulted employee becomes eligible for benefits under the difference between the benefits received from Workers' Compensation and State Employees Retirement System because of age, or where the employee's regular salary. For those days that compensation is made to the injured employee employment by the Bureau of Workers' Compensationthis district ceases, there this leave provision shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) days, and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, for damages sustained to the personal property of a member of the bargaining unit directly arising out of an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which he/she has a claimlonger apply.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Assault Leave. Any Assault leave (at no loss of pay) will be available to all bargaining unit members subject to the following provisions: 1. The bargaining unit member must be unable to physically perform his/her contracted duties because of a physical injury caused by a physical attack on said individual while he/she was performing his/her contracted duties with the Board. 2. A request for assault leave shall be made on the appropriate form which shall include the following information: a. The nature of the injury; b. The date, time, and place of the occurrence; c. Identification of the individual or individuals causing the assault (if known); d. Facts and circumstances surrounding the assault; e. At Board expense, a certificate from a licensed physician describing the nature of the physical disability and its probable duration. 3. The form shall be returned to the Superintendent as soon after the occurrence as is possible and practical. No assault leave may be approved prior to receipt of the written, completed application form. 4. The bargaining unit member, if requested, shall consent to an examination at Board-expense by a Board-designated physician at a reasonable time and place. 5. The Board shall be responsible for determining the applicant’s eligibility for assault leave. Such determination shall be based upon the information evidenced by the request form, and the physician’s certification(s) of the need for such assault leave. 6. The bargaining unit member shall agree to cooperate fully in pursuing any legal or police action by the Board on behalf of the bargaining unit employed by member and/or the Board assaulted by Board. 7. Assault leave will be limited to a student currently enrolled in maximum of ten (10) working days per school year, not chargeable to sick leave or personal leave, and shall be non-accumulative from year to year. 8. If upon the district or assaulted by any person except an employee exhaustion of the Board while in allowed assault leave days, the course of such teacher's employment, and such teacher individual is temporarily disabled by any injury resulting from such assault, shall remain on the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced unable to miss because of perform his/her work related injury which contracted duties, he/she may apply for sick leave, ▇▇▇▇▇▇'s Compensation does not cover▇’▇ compensation (if eligible), an unpaid leave of absence, or disability retirement. Should the Board will continue individual qualify for worker’s compensation, he/she shall receive the employee's salary without charge to difference in pay between his/her sick leave chargeable as assault leave. To be eligible for assault leave, the certificated employee shall apply for regular rate of pay and be granted Workers' Compensation. If Workers' Compensation worker’s compensation benefits are paid, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) days, and shall terminate at until such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, for damages sustained to the personal property of a member of the bargaining unit directly arising out of an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which he/she has a claimbenefit terminates.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Assault Leave. Any member Notwithstanding the provision of Section 3319.141 of the bargaining unit employed by the Board assaulted by a student currently enrolled in the district or assaulted by any person except an employee of the Board while in the course of such teacher's employment, and such teacher is temporarily disabled by any injury resulting from such assault, shall remain on the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not coverOhio Revised Code, the Board will continue grant assault leave to cover certificated staff members absent due to any physical disability resulting from an assault under the employee's salary without charge following conditions: 1. Any certificated staff member who must be absent from his or her duties due to his/physical disability resulting from an assault by a student, an intruder on school property, or the parent or legal guardian of a student, while teaching or performing administrative duties, or in school related activities, on or off school premises before, during or after school hours, will be paid his or her sick leave chargeable as assault leavefull scheduled compensation during his or her period of disability. To be eligible for assault leaveIf permanently disabled, the certificated employee shall staff member must apply for disability retirement and no assault leave shall be granted Workers' Compensationafter such retirement has been approved. If Workers' Compensation benefits are paidThe period of such absence, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensationas defined in this provision, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein termed "assault leave", and shall not exceed more than thirty twenty (3020) days. 2. Before assault leave can be approved, the certificated staff member (if physically able) shall furnish to the Superintendent a written, signed statement describing the circumstances and events surrounding the assault, the cause thereof, including the location and time of the assault, names and addresses of victims and witnesses, and a description of the injuries sustained by each victim of the assault. If medical attention is required or sought, the certificated staff member shall terminate at such time Workers' Compensation benefits are terminatedalso furnish to the Superintendent a statement of the nature of the disability and its probable duration which has been signed by a licensed physician. 3. Falsification of either the written, whichever first occurssigned statement of the events or circumstances surrounding the assault, or the physician's statement, shall be grounds for suspension or termination of employment under 3319.16 O.R.C. 4. Except as otherwise Assault leave, which is approved by the Superintendent, shall not be charged against sick leave earned or earnable by the certificated staff member or leave granted under regulations adopted by the Board, pursuant to 3319.08 O.R.C., or any teacher receiving other leave to which the certificated staff member is entitled. Covered certificated staff members will receive their full scheduled compensation under assault leave benefits for the period of disability not to exceed twenty (20) days, less any amounts received by the certificated staff member as compensation under the Workers' Compensation Act of Ohio for disability payments during the aforesaid period. 5. No payment shall be made or required for any period which the certificated staff member elects to take sick leave; however, the certificated staff member may also use sick leave after assault leave has been exhausted. 6. Nothing in this section or otherwise shall prohibit the certificated staff member's right for all benefits of every kind, nature and description prescribed by law (medical, partial and permanent benefits) exclusive of assignment as described in paragraph 4 above. 7. Payment of assault leave shall file a complaint with be at the appropriate law enforcement agency against regular rate of pay at the assailant. The Board shall pay, not to exceed $250.00, for damages sustained to the personal property of a member time of the bargaining unit directly arising out of an assault as defined herein provided such employee has applied for and been refused reimbursement under assault, plus any existing insurance coverage and adjustments granted if the teacher has been unsuccessful in regular service. 8. Payments shall be discontinued in the recovery event that the certificated staff member begins to receive retirement benefits under the State Teachers Retirement System. In all other respects not covered by this section, the provisions of such damages 3319.143 shall apply. 9. Nothing in any legal proceeding in which he/she has a claimthis section shall be construed to cover injuries resulting from instances of negligence only.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Assault Leave. Any member of the bargaining unit employed by the Board assaulted by a student currently enrolled Pursuant to and in the district or assaulted by any person except an employee of the Board while in the course of such teacher's employmentaccordance with Section 3319.143, and such teacher is temporarily disabled by any injury resulting from such assaultOhio Revised Code, shall remain on the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge to his/her sick leave chargeable as assault leave. To be eligible for assault leave, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paid, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) days, and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not be granted to exceed $250.00, for damages sustained to the personal property of a member of the bargaining unit directly arising out who is absent from his/her assigned duties because of injury resulting from an assault. Said leave shall not be charged against sick leave earned or earnable under Section 3319.141, Ohio Revised Code, or leave granted under rules adopted by the Buckeye Local Board of Education pursuant to Section 3319.08, Ohio Revised Code. Said member shall be granted the aforementioned assault leave and shall be maintained on full pay status, including fringe benefits, during such absence. A member of the bargaining unit shall be granted assault leave according to the following rules: 1. The absence resulted from a school related incident which must have occurred during the course of employment with the Buckeye Local Board of Education during the contractual year or when on assignment for the Board. 2. Upon notice to the principal or immediate supervisor that an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and upon a member has been unsuccessful committed, any member having information relating to such assault shall, as soon as possible, prepare a written statement embracing all facts within the member's knowledge regarding said assault, sign said statement, and present it to the building principal or immediate superior. 3. If the employee received medical attention and/or is absent from his/her assigned duties more than five (5) working days, a certificate from a licensed physician stating the nature of the disability and its duration may be required before assault leave payment is made. 4. A member of the bargaining unit shall not qualify for payment of used assault leave until the Assault Leave Form has been submitted. 5. Payment for assault leave shall be at the assaulted members rate of pay in effect at the recovery time of such damages the assault or at the rate for which the member becomes eligible in any legal proceeding in which he/she has accordance with the Ohio Revised Code. Pay would include supplementary contract amounts. 6. Payment shall be discontinued when the member elects to retire, or after one hundred eighty-five (185) working days, whichever occurs first. 7. If Workers' Compensation is awarded for disability for said injury, then the amount awarded will be deducted from said teachers full salary. 8. Falsification of either a claimsigned statement or a physician's certification is reason for suspension or termination of employment under Section 3319.16 Ohio Revised Code.

Appears in 1 contract

Sources: Master Agreement

Assault Leave. Any member 406.01 The Board will provide assault leave to a teacher who is absent due to a physical or serious emotional disability resulting from an assault by a student, by a parent or guardian, by a trespasser or due to an injury while mediating a dispute which occurs in the scope of an employee's Board employment. The Board will maintain the bargaining unit employed teacher on full-pay status up to a maximum of twenty (20) school days under the following provisions: A. The teacher who has been assaulted must furnish a written, signed statement on forms provided by the Board assaulted by a student currently enrolled in to justify the district or assaulted by use of assault leave. In addition, any person except an employee teacher seeking assault leave shall, upon request of the Board while in administration, file juvenile or criminal charges against the course of such teacher's employmentperson(s) making the assault, and such teacher to testify as a witness in connection with any juvenile, criminal and/or school disciplinary action taken against the offender. B. If medical attention is temporarily disabled required, a certificate stating the nature of the disability and its duration from a licensed physician shall be provided before assault leave can be approved for payment. C. Falsification of either a written, signed statement or a physician's certificate shall be grounds for suspension or termination of employment under Section 3319.16 of the Ohio Revised Code. D. Assault leave granted under these regulations shall not be charged under sick leave earned or earnable under Section 3319.141 of the Ohio Revised Code or leave granted under regulations adopted by any injury the Board pursuant to Section 3319.08 of the Ohio Revised Code. E. If a certified/licensed employee's absence resulting from assault is covered by Workers' Compensation, the Board shall provide only such assault, shall remain on additional compensation as will provide said teacher with the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For same gross income he/she was receiving at the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because time of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, assault. In the Board will continue the employee's salary without charge to his/her sick leave chargeable as assault leave. To be eligible for assault leave, the certificated employee shall apply for and be granted Workers' Compensation. If event a delayed award by Workers' Compensation benefits are paidresults in a total combined payment to the teacher which results in an amount equal to, or more than the teacher's normal per diem rate, the Board shall pay to such employee excess payment, from the difference between effective date of the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau initial award of Workers' Compensation, there will be returned to the Board. The employee shall be no deduction encouraged to pursue litigation against the person(s) perpetrating the assault. F. Any amounts received through disability insurance coverage will be deducted from assault leave payment. Failure to notify the accumulated sick Board of all amounts received from disability insurance coverage will result in cancellation of assault leave and recovery of the employee. all assault leave payments and may be grounds for suspension or termination of employment pursuant to Revised Code §3319. G. Assault leave as provided herein shall not exceed more than thirty (30) days, payment will terminate if and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise when the teacher becomes eligible for disability retirement. H. Any exception beyond the above may be recommended by the Superintendent and approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, for damages sustained to the personal property of a member of the bargaining unit directly arising out of an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which he/she has a claimBoard.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Assault Leave. Any a. A bargaining unit member who is required to be absent due to physical injury resulting from an assault to the bargaining unit member which occurs in the course of a school-related activity, on school grounds, during school hours or at a school-sponsored function, shall be eligible to receive assault leave. b. The bargaining unit member shall supply a certificate from a licensed physician stating the nature of the disability and its duration if medical attention is required. The Board shall grant assault leave for the duration of the disability and any recuperation period, not to exceed a total of ninety (90) days, to begin with the bargaining unit member’s delivering to the Treasurer a signed Assault Leave Statement (Appendix G). The Assault Leave Statement will include the nature of the injury, the date of its occurrence, the identity of the individual(s) causing the assault (if known), the facts surrounding the assault, the willingness of the bargaining unit employed member to cooperate fully with the Board in any legal action arising from the assault. c. While on assault leave, the bargaining unit member shall be maintained on full pay status, including all insurance fringe benefit coverage, less any payments derived from Worker’s Relief benefits. d. Assault leave shall not be charged against sick leave earned or earnable under Section 3319.141 of the Ohio Revised Code, or leave granted under rules adopted by the Board assaulted by a student currently enrolled in the district or assaulted by any person except an employee pursuant to Section 3319.08 of the Board while in the course of such teacher's employmentOhio Revised Code. e. Bargaining unit members shall not be permitted to accrue assault leave. f. If legal action results, and such teacher is temporarily disabled by any injury resulting from such assault, said bargaining unit member shall remain on the payroll as a regular employee and shall receive all benefits as if on sick be granted leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge to professional duties with no loss of pay for necessary time spent in court. g. A bargaining unit member who is injured as a result of his/her sick leave chargeable as unjustified assault leave. To shall not be eligible for assault leave, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paid, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) days, and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, for damages sustained to the personal property of a member of the bargaining unit directly arising out of an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which he/she has a claim.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Assault Leave. Any member 407.01 The Board will provide assault leave to a teacher who is absent due to a physical or serious emotional disability resulting from an assault by a student, by a parent or guardian, by a trespasser or due to an injury while mediating a dispute which occurs in the scope of an employee's Board employment. The Board will maintain the bargaining unit employed teacher on full-pay status up to a maximum of twenty (20) school days under the following provisions: A. The teacher who has been assaulted must furnish a written, signed statement on forms provided by the Board assaulted by a student currently enrolled in to justify the district or assaulted by any person except an employee use of the Board while in the course of such teacher's employment, and such teacher is temporarily disabled by any injury resulting from such assault, shall remain on the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge to his/her sick leave chargeable as assault leave. To In addition, any teacher seeking assault leave shall, upon request of the administration, file juvenile or criminal charges against the person(s) making the assault, and to testify as a witness in connection with any juvenile, criminal and/or school disciplinary action taken against the offender. B. If medical attention is required, a certificate stating the nature of the disability and its duration from a licensed physician shall be eligible provided before assault leave can be approved for payment. C. Falsification of either a written, signed statement or a physician's certificate shall be grounds for suspension or termination of employment under Section 3319.16 of the Ohio Revised Code. D. Assault leave granted under these regulations shall not be charged under sick leave earned or earnable under Section 3319.141 of the Ohio Revised Code or leave granted under regulations adopted by the Board pursuant to Section 3319.08 of the Ohio Revised Code. E. If a certified/licensed employee's absence resulting from assault leave, the certificated employee shall apply for and be granted is covered by Workers' Compensation. If Workers' Compensation benefits are paid, the Board shall pay to provide only such employee additional compensation as will provide said teacher with the difference between same gross income the benefits received from teacher was receiving at the time of the teacher's assault. In the event a delayed award by Workers' Compensation and the employee's regular salary. For those days that compensation is made results in a total combined payment to the injured employee by teacher which results in an amount equal to, or more than the Bureau teacher's normal per diem rate, the excess payment, from the effective date of the initial award of Workers' Compensation, there will be returned to the Board. The employee shall be no deduction encouraged to pursue litigation against the person(s) perpetrating the assault. F. Any amounts received through disability insurance coverage will be deducted from assault leave payment. Failure to notify the accumulated sick Board of all amounts received from disability insurance coverage will result in cancellation of assault leave and recovery of the employee. all assault leave payments and may be grounds for suspension or termination of employment pursuant to Revised Code §3319. G. Assault leave as provided herein shall not exceed more than thirty (30) days, payment will terminate if and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise when the teacher becomes eligible for disability retirement. H. Any exception beyond the above may be recommended by the Superintendent and approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, for damages sustained to the personal property of a member of the bargaining unit directly arising out of an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which he/she has a claimBoard.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Assault Leave. Any 1. A member of the bargaining unit employed by the Board assaulted by a student currently enrolled in the district or assaulted by any person except who is required to be absent due to physical disability resulting from an employee of the Board while assault, which occurs in the course of such teacher's employmentBoard employment while on duty on school grounds during school hours or where required to be in attendance at a school sponsored function, shall, after using three (3) days of accumulated and such teacher is temporarily disabled by any injury resulting from such assault, shall remain on the payroll as a regular employee and shall receive all benefits as if on unused sick leave on be eligible to receive assault leave. (Where the teacher has no unused sick leave, this condition will be waived.) Upon determination of eligibility by the Board, such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employeeleave shall be granted, as hereinafter defined, is forced for a period not to miss because of his/her work related injury which exceed ▇▇▇▇▇▇ (90) days, upon the member's Compensation does not coverdelivering to the Treasurer a signed statement on forms prescribed by the Board of Education and, upon request, provided to the assaulted teacher by the Treasurer. Such statements will indicate the nature of the injury, the date of its occurrence, the identity of the individual(s) causing the assault, the facts surrounding the assault and the willingness of the member to participate and cooperate with the Board will continue in pursuing legal action against the employee's salary without charge to his/her sick leave chargeable as assault leaveassailant(s). To be eligible If medical attention is required, the member shall supply a certificate from a licensed physician stating the nature of the disability and its duration. 2. Full payment for assault leave, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paidless Worker's Compensationand any other financial remuneration, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) daysthe member's per diem rate of pay and will not be approved for payment unless and until the form and certificate, and shall terminate at such time Workers' Compensation benefits as provided above, are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, for damages sustained supplied to the personal property Treasurer. Falsification of either the signed statement or a member physician's certificate is grounds for suspension or termination of employment under Ohio Revised Code 3319.16. 3. Upon exhausting the bargaining unit directly arising out of an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which leave, he/she has a claimmay use sick leave. If sick leave and the assault leave, provided for herein, become exhausted, the member may apply for further assault leave. Whether such additional leave is granted shall be determined solely by the Board. Where the assaulted member becomes eligible for benefits under the State Teachers Retirement System because of any disability or because of age, or where the member's employment by this District ceases, this leave provision shall no longer apply.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Assault Leave. Any 1. A member of the bargaining unit employed by the Board assaulted by a student currently enrolled in the district or assaulted by any person except who is required to be absent due to physical disability resulting from an employee of the Board while assault, which occurs in the course of such teacher's employmentBoard employment while on duty on school grounds during school hours or where required to be in attendance at a school sponsored function, shall, after using three (3) days of accumulated and such teacher is temporarily disabled by any injury resulting from such assault, shall remain on the payroll as a regular employee and shall receive all benefits as if on unused sick leave on be eligible to receive assault leave. (Where the teacher has no unused sick leave, this condition will be waived.) Upon determination of eligibility by the Board, such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employeeleave shall be granted, as hereinafter defined, is forced for a period not to miss because of his/her work related injury which exceed ▇▇▇▇▇▇ (90) days, upon the member's Compensation does not coverdelivering to the Treasurer a signed statement on forms prescribed by the Board of Education and, upon request, provided to the assaulted teacher by the Treasurer. Such statements will indicate the nature of the injury, the date of its occurrence, the identity of the individual(s) causing the assault, the facts surrounding the assault and the willingness of the member to participate and cooperate with the Board will continue in pursuing legal action against the employee's salary without charge to his/her sick leave chargeable as assault leaveassailant(s). To be eligible If medical attention is required, the member shall supply a certificate from a licensed physician stating the nature of the disability and its duration. 2. Full payment for assault leave, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paid, the Board shall pay to such employee the difference between the benefits received from Workers' less Worker's Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensationany other financial remuneration, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) daysthe member's per diem rate of pay and will not be approved for payment unless and until the form and certificate, and shall terminate at such time Workers' Compensation benefits as provided above, are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, for damages sustained supplied to the personal property Treasurer. Falsification of either the signed statement or a member physician's certificate is grounds for suspension or termination of employment under Ohio Revised Code 3319.16. 3. Upon exhausting the bargaining unit directly arising out of an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which leave, he/she has a claimmay use sick leave. If sick leave and the assault leave, provided for herein, become exhausted, the member may apply for further assault leave. Whether such additional leave is granted shall be determined solely by the Board. Where the assaulted member becomes eligible for benefits under the State Teachers Retirement System because of any disability or because of age, or where the member's employment by this District ceases, this leave provision shall no longer apply.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Assault Leave. Any member of the bargaining unit employed by the Board assaulted by a student currently enrolled in the district or assaulted by any person except an employee of the Board while in the course of such teacher's employment, and such teacher is temporarily disabled by any injury resulting from such assault, shall remain on the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge ▇ leave may be granted to a bargaining unit member who is absent from his/her assigned duties because of physical injury resulting from an assault leave shall not be charged against sick leave chargeable earned or earnable or any other leave granted by the Board. Said bargaining unit member may be granted assault leave and shall be maintained on full pay status during such absence. A bargaining unit member may be granted assault leave according to the following rules: 1. The incident, resulting in the physical injury of the bargaining unit member, must have occurred in the course of and arising out of his/her employment with the Board. 2. Upon notice to the immediate supervisor that an assault upon a bargaining unit member has been committed, any bargaining unit member having information relating to such assault shall, as soon as possible, prepare a written statement embracing all facts within the bargaining unit member's knowledge regarding said assault, sign said statement, and present it to the immediate supervisor. 3. If the bargaining unit member is absent from her/her assigned duties due to the physical disability, a certificate from a licensed physician, stating the nature of the disability and its duration, will be required before assault leave payment is made. 4. A bargaining unit member shall not qualify for payment of used assault leave until the assault leave form has been submitted. 5. Said bargaining unit member shall not be permitted to accrue assault leave. 6. To Payment shall be eligible discontinued when the bargaining unit member elects to retire or is no longer under contract with the Board. 7. Falsification of either a signed statement or a physician's certificate is reason for termination of employment. 8. The maximum number of days allowable for assault leave, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paidwhich resulted in physical injury, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty ten (30) days, and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, for damages sustained to the personal property of a member of the bargaining unit directly arising out of an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which he/she has a claim10).

Appears in 1 contract

Sources: Collective Bargaining Agreement

Assault Leave. Any member of the Section A A bargaining unit employed by the Board assaulted by a student currently enrolled in the district or assaulted by any person except member who is required to be absent due to physical disability resulting from an employee of the Board while assault which occurs in the course of such teacher's employmentBoard employment while on duty, and such teacher is temporarily disabled by any injury resulting from such assaultor where required to be in attendance at a school sponsored function, shall remain on the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge to his/her sick leave chargeable as assault leave. To be eligible for assault leaveto receive Assault Leave. Upon determination of eligibility by the Board, the certificated employee such leave shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paid, the Board shall pay for not to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) working days, upon the member delivering to the Treasurer a signed statement on forms prescribed by the Board and maintained by the Treasurer. Such statement will indicate the nature of the injury, the date of its occurrence, the identity of the individual or individuals causing the assault, the facts surrounding the assault, and the willingness of the member to participate and cooperate with the Board in pursuing legal action against the assailant or assailants. If medical attention is required, the member shall terminate at such time supply a certificate from a licensed physician stating the nature of the disability and its duration, and file a Workers' Compensation benefits claim based on the injury. Full payment for Assault Leave shall not exceed the member's per diem rate of pay, exclusive of supplemental pay, and will not be approved for payment unless and until the form and certificate, as provided above, are terminated, whichever first occurs. Except as otherwise approved by supplied to the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailantBoard Treasurer. The Board Superintendent shall pay, not to exceed $250.00, for damages sustained to grant additional days upon the personal property of a member written recommendation of the bargaining unit directly arising out attending physician. Section B Falsification of an assault as defined herein provided such employee has applied either the signed statement or a physician's statement is grounds for and been refused reimbursement suspension or termination of employment under any existing insurance coverage and has been unsuccessful in Ohio Revised Code. Where the recovery of such damages in any legal proceeding in which member exhausts the Assault Leave, he/she has a claimmay use Sick Leave. If Assault Leave (provided herein) and Sick Leave become exhausted, the member may apply for further Assault Leave. Whether such additional leave is granted shall be determined solely by the Board. Where the assaulted member becomes eligible for benefits under STRS/SERS because of any disability or because of age, or where the member's employment by this District ceases, this leave provision is no longer applied.

Appears in 1 contract

Sources: Master Agreement

Assault Leave. Any ‌ a. A bargaining unit member who is required to be absent due to physical injury resulting from an assault to the bargaining unit member which occurs in the course of a school-related activity, on school grounds, during school hours or at a school-sponsored function, shall be eligible to receive assault leave. b. The bargaining unit member shall supply a certificate from a licensed physician stating the nature of the disability and its duration if medical attention is required. The Board shall grant assault leave for the duration of the disability and any recuperation period, not to exceed a total of ninety (90) days, to begin with the bargaining unit member’s delivering to the Treasurer a signed Assault Leave Statement (Appendix G). The Assault Leave Statement will include the nature of the injury, the date of its occurrence, the identity of the individual(s) causing the assault (if known), the facts surrounding the assault, the willingness of the bargaining unit employed member to cooperate fully with the Board in any legal action arising from the assault. c. While on assault leave, the bargaining unit member shall be maintained on full pay status, including all insurance fringe benefit coverage, less any payments derived from Worker’s Relief benefits. d. Assault leave shall not be charged against sick leave earned or earnable under Section 3319.141 of the Ohio Revised Code, or leave granted under rules adopted by the Board assaulted by a student currently enrolled in the district or assaulted by any person except an employee pursuant to Section 3319.08 of the Board while in the course of such teacher's employmentOhio Revised Code. e. Bargaining unit members shall not be permitted to accrue assault leave. f. If legal action results, and such teacher is temporarily disabled by any injury resulting from such assault, said bargaining unit member shall remain on the payroll as a regular employee and shall receive all benefits as if on sick be granted leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not cover, the Board will continue the employee's salary without charge to professional duties with no loss of pay for necessary time spent in court. g. A bargaining unit member who is injured as a result of his/her sick leave chargeable as unjustified assault leave. To shall not be eligible for assault leave, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paid, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) days, and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise approved by the Superintendent, any teacher receiving assault leave shall file a complaint with the appropriate law enforcement agency against the assailant. The Board shall pay, not to exceed $250.00, for damages sustained to the personal property of a member of the bargaining unit directly arising out of an assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which he/she has a claim.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Assault Leave. Any member of the bargaining unit employed by the Board assaulted by a student currently enrolled in the district or assaulted by any person except an 1. An employee of the Board while Alliance City Schools who, without fault, must be absent due to physical disability resulting from an assault which occurs in the course of such teacher's employmentBoard employment while on duty on school grounds during school hours or where required to be in attendance at a school sponsored function shall be eligible for Assault Leave. Assault leave shall be granted for the period of physical disability not to exceed ninety (90) school days upon the member’s delivering to the Superintendent a signed statement indicating the nature of the injury, the date of its occurrence, the identity of the individual(s) causing the assault, if known, and such teacher the facts surrounding the assault. If medical attention is temporarily disabled by any injury resulting from such assault, shall remain on the payroll as a regular employee and shall receive all benefits as if on sick leave on such terms and conditions as hereinafter provided. For the first seven (7) days that the eligible employee, as hereinafter defined, is forced to miss because of his/her work related injury which ▇▇▇▇▇▇'s Compensation does not coverrequired, the Board will continue member shall supply a certificate from a licensed physician stating the employee's salary without charge to his/her sick leave chargeable as assault leavenature of the disability and its anticipated duration. 2. To be eligible Full payment for assault leave, the certificated employee shall apply for and be granted Workers' Compensation. If Workers' Compensation benefits are paid, the Board shall pay to such employee the difference between the benefits received from Workers' Compensation and the employee's regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers' less Worker’s Compensation, there shall be no deduction from the accumulated sick leave of the employee. Assault leave as provided herein shall not exceed more than thirty (30) daysthe member’s per diem rate of pay exclusive of supplementary pay and will not be approved for payment unless and until the statement and certificate as provided above, and shall terminate at such time Workers' Compensation benefits are terminated, whichever first occurs. Except as otherwise approved by submitted to the Superintendent, any teacher receiving assault leave shall file . Falsification of either the signed statement or a complaint with the appropriate law enforcement agency against the assailantphysician’s certificate may be grounds for suspension or termination of employment under Section 3119. The Board shall pay, not to exceed $250.00, for damages sustained to the personal property of a member 16 of the bargaining unit directly arising out of an Ohio Revised Code. 3. Where the member exhausts his/her assault as defined herein provided such employee has applied for and been refused reimbursement under any existing insurance coverage and has been unsuccessful in the recovery of such damages in any legal proceeding in which leave, he/she has a claimmay use sick leave for the period of physical disability. If sick leave and the assault leave provided for herein become exhausted, the member may apply for further assault leave. Whether such additional assault leave is granted shall be determined solely by the Board in its discretion. Where the assaulted member becomes eligible for benefits under the School Employees Retirement System because of any disability or because of age or where the member’s employment by the Board ceases for any reason whatsoever, this leave provision shall no longer apply and any assault leave payments shall automatically terminate.

Appears in 1 contract

Sources: Negotiations Agreement