Common use of Assault Leave Clause in Contracts

Assault Leave. 1. A teacher may be granted assault leave in the event that said teacher is absent due to physical disability resulting from an assault by a student or his/her parent that occurs in the course of Board employment. In no event shall assault leave extend beyond five (5) consecutive working days. Assault leave will be granted upon the bargaining unit member meeting the following conditions. a. An application for assault leave shall be on prescribed forms supplied by the administration and shall be signed by the bargaining unit member and a licensed physician of the Board choosing that attests to the teacher’s disability and expected return to work. b. Prior to the teacher’s return to work or the expiration of the assault leave the Board may have the teacher examined by a doctor of the Board choosing to decide the teacher’s fitness to return to work. c. The teacher agrees to cooperate in the prosecution and investigation of the person who assaults him/her by the local police authorities and prosecutor. d. If the teacher’s disability extends beyond the five (5) consecutive workdays provided, the teacher shall use sick leave for the remaining period of disability. If the teacher fails to use sick leave for the remainder of the period of disability, the teacher will forfeit all payment for assault leave and reimburse the Board through payroll deduction for all assault leave used. 2. If a teacher becomes permanently disabled due to an assault, he/she shall apply for disability retirement. If disability retirement is granted, assault leave benefits shall end on the effective date of his/her retirement. 3. Assault leave granted under this policy by the Superintendent shall not be charged against sick leave earned or leave granted under other leave policies adopted by the Board of Education. With respect to granting assault leave, the decision of the Superintendent is final.

Appears in 4 contracts

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

Assault Leave. 1. A teacher may be granted Notwithstanding the provisions of Section 3319.141 of the Ohio Revised Code, the Board will grant assault leave in the event that said teacher is to employees absent due to a physical disability resulting from assault under the following conditions. 1. Any employee who must be absent from duty due to a physical disability resulting from an assault by while engaged in school activities, while on school premises, during school hours, and/or at a student or scheduled school activity, will be paid his/her parent that occurs in the course full compensation, including benefits, for a maximum of Board employment. In no event shall assault leave extend beyond five thirty (530) consecutive working school days. Assault leave will be granted upon the bargaining unit member meeting the following conditions. a. An application for assault leave shall be on prescribed forms supplied by the administration and shall be signed by the bargaining unit member and a licensed physician of the Board choosing that attests to the teacher’s disability and expected return to work. b. Prior to the teacher’s return to work or the expiration of the assault leave the Board may have the teacher examined by a doctor of the Board choosing to decide the teacher’s fitness to return to work. c. The teacher agrees to cooperate in the prosecution and investigation of the person who assaults him/her by the local police authorities and prosecutor. d. If the teacher’s disability extends beyond the five (5) consecutive workdays provided, the teacher shall use sick leave for the remaining period of disability. If the teacher fails to use sick leave for the remainder of the period of disability, the teacher will forfeit all payment for assault leave and reimburse the Board through payroll deduction for all assault leave used. 2. If Assault shall be defined as an unlawful action resulting in bodily injury to a teacher becomes permanently disabled due to an assault, he/she shall apply for disability retirement. If disability retirement is granted, assault leave benefits shall end on the effective date of his/her retirementteacher. 3. Leave under this Section shall commence from the first day of the physical disability. 4. The teacher shall furnish to the Superintendent a written, signed statement describing the circumstances and events surrounding the assault, including the location, date, and time of the assault, plus names and addresses of witnesses, if known. 5. The teacher shall also furnish a written signed statement from a physician as to the nature of the disability, its possible duration, and the need to be absent from school. 6. Upon receiving the statements referred to in paragraphs 4 and 5 above, the Superintendent shall review the statements and conduct any further investigation deemed advisable prior to granting the assault leave. 7. Assault leave granted under this policy by the Superintendent shall not be charged against sick leave earned or leave granted under other leave policies adopted earnable by the employee. 8. Assault leave shall not be granted in cases of physical disability resulting from the assault of one (1) school employee by another employee. 9. A prerequisite for qualifying for assault leave shall be that the individual in question apply for Workers’ Compensation. The Board will only be responsible for the difference between Workers’ Compensation paid and the employee’s entitlement under this Section. Should a delay occur in the receipt of Education. With respect to granting assault leaveWorkers’ Compensation benefits, the decision of Board shall maintain the Superintendent is finalemployee on full pay status with the understanding that delayed Workers’ Compensation benefits will be signed over to the Board when received by the employee.

Appears in 4 contracts

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

Assault Leave. 1. A teacher may be granted assault The Board of Education shall grant leave in the event that said teacher to an employee who is absent due to physical disability resulting from an assault by a student or his/her parent that which occurs in the course of Board employment. In no event The employee shall submit on prescribed Board of Education forms justification for such leave. These signed forms shall be submitted within two (2) working days of said alleged incident, or if the employee is physically unable, as soon thereafter as possible. If medical attention is required, a certificate from a licensed physician stating the nature of the disability and its anticipated duration shall be required before assault leave extend beyond five (5) consecutive working dayscan be approved for payment. Assault Such leave will be granted only if the stipulations of this policy have been met. Leave which results from a disability occurring from an assault shall terminate upon the bargaining unit member meeting the following conditions. a. An application for assault employee's return to duty. Such leave shall be on prescribed forms supplied by the administration and shall be signed by the bargaining unit member and a licensed physician of the Board choosing that attests to the teacher’s disability and expected return to work. b. Prior to the teacher’s return to work or automatically terminate at the expiration of the assault leave the Board may have the teacher examined by a doctor termination of the Board choosing to decide the teacher’s fitness to return to work. c. The teacher agrees to cooperate in the prosecution and investigation an employee's contract, resignation of the person who assaults him/her by the local police authorities and prosecutor. d. If the teacher’s disability extends beyond the five (5) consecutive workdays providedsaid employee, the teacher shall use sick leave for the remaining period or declaration of disability. If the teacher fails to use sick leave for the remainder of the period of disability, the teacher will forfeit all payment for assault leave and reimburse the Board through payroll deduction for all assault leave used. 2. If a teacher becomes permanently disabled due to an assault, he/she shall apply eligibility for disability retirement. If disability retirement is granted, assault leave benefits shall end on the effective date of his/her retirement. 3benefits. Assault leave granted under this policy the rules adopted by the Superintendent Board of Education shall not be charged against sick leave earned or Personal Responsibility Leave. Such leave granted shall, if required, include time for court appearances, legal consultations, or meetings with law enforcement officials concerning the alleged assaults. Earnings paid to an employee under other the provisions of this leave policies adopted shall be the difference between the employee's regular compensation and the remuneration, if any, received by said employee from Workmen's Compensation. A teacher returning to duty following assault leave shall be returned to the Board same position as was held at the time of Educationthe incident, if such return occurs in the same school year in which the assault took place and upon determination that the teacher is able to perform the duties of the assignment. With respect to granting assault leaveIf such return does not occur during the same school year, the decision of teacher shall be returned to the Superintendent is finalsame position or another position consistent with certification and performance ability.

Appears in 3 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

Assault Leave. 1. A teacher Assault leave is provided to cover those situations where a staff member has been injured as a result of a physical assault which occurs in the course of supporting the rules and regulations of the Board and in maintaining good order and discipline. The physical and emotional well being shall be of primary concern, and appropriate measures shall be taken to aid those injured. 2. Assault leave, not to exceed twenty (20) days unless certified by a medical statement by a Board selected doctor, may be granted assault leave subject to the approval of the Superintendent or designee in the event that said teacher an employee is absent due to physical and/or emotional disability resulting from an assault by a student or his/her parent that which occurs in the course of Board employment. In no event shall assault leave extend beyond five (5) consecutive working days. Assault leave will be granted upon the bargaining unit member meeting the following conditions. a. An application 3. A request for assault leave shall be on prescribed forms supplied in writing, setting forth the circumstances of the assault, the nature of the disability, and an estimated date of return to service. To be entitled to Assault Leave pay, the employee must file charges against the person(s) perpetrating the assault and assist in the prosecution and/or discipline of the individual by testifying and/or preparing a written statement of the circumstances. This requirement can be waived at the discretion of the Superintendent in special circumstances only, such as where an assault is perpetuated by a special needs student and/or where other legitimate mitigating factors exist, but nothing herein shall be deemed to prevent an employee from filing charges. 4. Assault leave granted under this policy shall not be charged against sick leave or leave granted under other leave policies adopted by the administration and shall be signed by the bargaining unit member and a licensed physician of the Board choosing that attests to the teacher’s disability and expected return to workBoard. b. Prior to 5. A person on assault leave shall receive full pay and benefits during the teacher’s return to work or the expiration period of the assault leave leave. Such payments shall terminate upon medical determination of fitness to resume duties. 6. To qualify for assault leave, in addition to the Board may have items set forth above, the teacher examined by employee must file a doctor claim with the Bureau of Workers’ Compensation for all allowable benefits. Any benefits relative to lost wages, if eligible, shall be remitted to the Office of the Board choosing to decide the teacher’s fitness to return to workTreasurer upon receipt. c. The teacher agrees to cooperate 7. Nothing in this policy prohibits the prosecution and investigation of the person who assaults him/her by the local police authorities and prosecutor. d. If the teacher’s disability extends beyond the five (5) consecutive workdays provided, the teacher shall use sick leave for the remaining period of disability. If the teacher fails staff member from electing to use sick leave for the remainder disability period or upon completion of the period of disability, the teacher will forfeit all payment for assault leave and reimburse if the Board through payroll deduction for all assault leave useddisability is not corrected at that time but is considered to be of a temporary nature. 28. If a teacher an employee becomes permanently disabled due to an assault, he/she shall apply for disability retirement. If disability retirement is granted, assault leave benefits shall end on the effective date of his/her retirement. 3. Assault leave granted under this policy by the Superintendent shall not be charged against sick leave earned or leave granted under other leave policies adopted by the Board of Education. With respect to granting assault leave, the decision of the Superintendent is final.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Negotiated Agreement, Negotiated Agreement

Assault Leave. 1Assault leave with pay will be available to members of the bargaining unit who are unable to perform their contractual duties because of injury or illness caused by a physical assault on said member by a non-employee of the Board while he/she is performing contractual duties. A To be eligible for assault leave, a teacher may must file criminal charges with the proper authorities. All such leave will be granted subject to the following provisions: A. Assault leave under this provision shall not be charged to sick leave. B. Such paid leave will be limited to a maximum of twenty (20) working days per school year. C. The teacher shall be required to provide a physician’s statement describing the nature of the physical disability and its expected duration. The Board shall have the right to have the employee examined by a physician of the Board’s choice at the Board’s expense. D. The teacher will be maintained on full pay status with fringe benefits during the period of paid assault leave. E. If, upon the exhaustion of both sick leave and paid assault leave in of twenty (20) working days, the event that said teacher is absent due still unable to physical disability resulting from an assault by a student or perform his/her parent that occurs contractual duties, he/she shall be eligible for a leave of absence. Such leave of absence herein provided is without pay and is not to exceed one (1) year unless renewed by the Board. This provision is expressly intended to supersede requirements of the Revised Code applicable to unpaid leaves of absence and retirement contributions to STRS by employees and the Board. F. Any member currently on leave of absence shall inform the Board by April 1 of his/her intention to return to duty or request additional leave. G. Any employee who receives benefits under this policy shall cooperate with the City Law Director in criminal prosecution resulting from the course assault. Should it become necessary for the employee to be absent from work as a result of Board employmentthe filing of a charge and the prosecution of the assailant, the employee shall be granted leave with pay for such purposes. In no event These days shall be in addition to the twenty (20) assault leave extend beyond five (5) consecutive working days. Assault days and shall not be charged against the employee’s sick and/or personal leave will be granted upon the bargaining unit member meeting the following conditionsaccumulation. a. An application H. Upon the request of the teacher, any student who physically assaults a teacher who qualifies for assault leave under this Article shall be on prescribed forms supplied by the administration and shall be signed by the bargaining unit member and a licensed physician of the Board choosing that attests to removed from the teacher’s disability classroom and expected return to work. b. Prior to the teacher’s return to work or the expiration of the assault leave the Board may have the teacher examined by a doctor of the Board choosing to decide the teacher’s fitness to return to work. c. The teacher agrees to cooperate in the prosecution and investigation of the person who assaults him/her by the local police authorities and prosecutor. d. If the teacher’s disability extends beyond the five (5) consecutive workdays provided, the teacher shall use sick leave for the remaining period of disability. If the teacher fails to use sick leave reassigned for the remainder of the period of disabilityschool year if another placement is possible in the same building. Any proposed change in placement under this provision must be reviewed by the evaluation team and approved prior to its implementation. For students governed by an IEP, the IEP team will serve as the evaluation team. For non-IEP students, the building principal, social worker or guidance counselor, and another classroom teacher will forfeit all payment for assault leave and reimburse serve as the Board through payroll deduction for all assault leave usedevaluation team. 2. If a teacher becomes permanently disabled due to an assault, he/she shall apply for disability retirement. If disability retirement is granted, assault leave benefits shall end on the effective date of his/her retirement. 3. Assault leave granted under this policy by the Superintendent shall not be charged against sick leave earned or leave granted under other leave policies adopted by the Board of Education. With respect to granting assault leave, the decision of the Superintendent is final.

Appears in 2 contracts

Sources: Master Contract, Master Contract

Assault Leave. In the event that an assault of a unit member takes place during the course of his/her employment, the member shall provide all particulars of the incident to his/her principal, supervisor, or any other BOCES administrator in charge. The administrator shall file a written notification to the District Superintendent within one (1) working day of the alleged assault whenever possible. A teacher If the unit member sustains physical injury, and is unable to report to work to perform his/her assigned duties as a result of this reported incident, the member may apply for between one (1) and seven (7) days of Assault Leave. The application shall be granted assault submitted to the Director of Human Resources, for consideration by the Trustees for the Assault Leave benefit. During the time that the application is being considered, the unit member’s sick leave will be charged. If the application is approved and Assault Leave awarded, the Business Office will be notified that the member’s sick leave shall be returned, in an amount of days equal to the number of Assault Leave days granted, up to a maximum of seven (7) days. The Trustees shall have the right to request a doctor’s verification before awarding days. Requests for compensation for any and all work time in excess of seven days lost due to medical injury on the job shall be submitted to the Business Office for consideration under Workers’ Compensation coverage. There shall be three Trustees for the Assault Leave benefit. One shall be designated by the District Superintendent, two shall be designated by the Faculty Association President. The Trustees shall consider the nature of the injury, and other criteria which, in their sole and exclusive judgment shall result in an equitable use of this benefit which is consistent with its intent. All decisions of the Trustees with respect to the administration of this provision or the application and interpretation of the provisions hereof shall be final and conclusive, and not subject to the grievance procedure. It shall be the responsibility of the unit member to assist and cooperate with the BOCES Board, Administration, and other authorities in the event that said teacher is absent due the BOCES or law enforcement authorities decide to physical disability resulting from prosecute any charges against such student in the appropriate court or administrative agency. In such case, the unit member may be represented by an assault by a student or attorney for the District and/or his/her parent that occurs in the course of Board employmentown attorney. In no event shall assault leave extend beyond five (5) consecutive working days. Assault leave will be granted upon addition, the bargaining unit member meeting may elect to take independent action as a result of the following conditions. a. An application for assault leave assault, in which case, it shall be on prescribed forms supplied by at the administration and shall be signed by the bargaining unit member and a licensed physician member’s own expense, with counsel of the Board choosing that attests to the teacherunit member’s disability and expected return to work. b. Prior to the teacher’s return to work or the expiration of the assault leave the Board may have the teacher examined by a doctor of the Board choosing to decide the teacher’s fitness to return to work. c. The teacher agrees to cooperate in the prosecution and investigation of the person who assaults him/her by the local police authorities and prosecutor. d. If the teacher’s disability extends beyond the five (5) consecutive workdays provided, the teacher shall use sick leave for the remaining period of disabilitychoice. If the teacher fails to use sick leave unit member is represented by an attorney for the remainder District, who is unable to be present for a court appearance at which the teacher has been notified to be present, such attorney shall be responsible for notifying the appropriate legal body and the unit member of the period of disabilitypostponement, the teacher will forfeit and also responsible for notifying all payment for assault leave and reimburse the Board through payroll deduction for all assault leave used. 2. If a teacher becomes permanently disabled due to an assault, he/she shall apply for disability retirement. If disability retirement is granted, assault leave benefits shall end on the effective date of his/her retirement. 3. Assault leave granted under this policy by the Superintendent shall not be charged against sick leave earned or leave granted under other leave policies adopted by the Board of Education. With respect to granting assault leave, the decision parties of the Superintendent is finaladjournment date.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Assault Leave. 1. A teacher may be granted A. The Board shall grant assault leave in the event that said teacher is to bargaining unit members absent due to a physical disability resulting from a physical assault providing the following conditions are met: 1. Any bargaining unit member who must be absent from his/her duties due to a disability resulting from an assault by while engaged in/related to school activities or business, while on school premises at any time, and/or at a student scheduled school activity or on school business, regardless of location, will be paid his/her parent that occurs full scheduled compensation for the duration of the time necessary to recover from a work-related disability based on the advice of a doctor. 2. Assault shall be defined as unlawful contact resulting in injury to a teacher. 3. The teacher shall furnish to the course Superintendent a written, signed statement describing the circumstances and events surrounding the assault, including the location, date and time of Board employmentthe assault, plus names and addresses of witnesses, if known. 4. In no event shall assault leave extend beyond If medical attention is required, or if the bargaining unit member is absent from work for more than five (5) consecutive working days. Assault leave will be granted upon the bargaining unit member meeting the following conditions. a. An application for assault leave shall be on prescribed forms supplied by the administration and shall be signed by the bargaining unit member and days as a licensed physician result of the Board choosing that attests to the teacher’s disability and expected return to work. b. Prior to the teacher’s return to work or the expiration of the assault leave the Board may have the teacher examined by a doctor of the Board choosing to decide the teacher’s fitness to return to work. c. The teacher agrees to cooperate in the prosecution and investigation of the person who assaults him/her by the local police authorities and prosecutor. d. If the teacher’s disability extends beyond the five (5) consecutive workdays providedassault, the teacher shall use sick leave for also furnish a written, signed statement from the remaining period of disability. If medical doctor as to the teacher fails to use sick leave for the remainder nature and duration of the period of disability. 5. Upon receiving the statements referred to in paragraphs (3) and (4) above, the teacher will forfeit all payment for Superintendent shall review the statements and conduct any further investigation deemed advisable prior to granting the assault leave and reimburse the Board through payroll deduction for all assault leave usedleave. 2. If a teacher becomes permanently disabled due to an assault, he/she shall apply for disability retirement. If disability retirement is granted, assault leave benefits shall end on the effective date of his/her retirement. 36. Assault leave granted under this policy by the Superintendent shall not be charged against sick leave earned or leave granted under other leave policies adopted earnable by the teacher. 7. Assault leave shall not be granted in cases of physical disability resulting from the assault of one school employee by another employee. 8. A prerequisite for qualifying for assault leave shall be that the individual in question must apply for Workers' Compensation. The Board will only pay the difference between Workers' Compensation paid and the teacher's regular salary. Should a delay occur in the receipt of Education. With respect to granting assault leaveWorkers' Compensation benefits, the decision of Board shall maintain the Superintendent teacher on full pay status with the understanding that delayed Workers' Compensation benefits will be signed over to the Board when received by the teacher. 9. Assault leave as provided herein shall terminate at such time as Workers' Compensation benefits are terminated and the bargaining unit member is finalreleased from the attending physician to return to work.

Appears in 2 contracts

Sources: Negotiated Agreement, Negotiated Agreement

Assault Leave. 1. A teacher may be granted assault leave in the event that said teacher A. The BOE will provide up to a maximum of twenty (20) school days Assault Leave to an MBU who is absent due to a physical or mental disability resulting from an assault by a student or his/her parent that person(s) which occurs in the course of Board an MBU’s BOE employment. In no event shall The MBU will be maintained on full-pay status during the period of such absence (up to a maximum of twenty (20) school days) under the following provisions: 1. The MBU who has been assaulted must furnish a written, signed statement on forms provided by the BOE to justify use of Assault Leave. (See Appendix B). 2. Should assault leave extend beyond five three (53) consecutive working days. Assault leave will be granted upon the bargaining unit member meeting the following conditions. a. An application for assault leave shall be on prescribed forms supplied by the administration , medical attention is required, and shall be signed by the bargaining unit member and a certificate from a licensed physician stating the nature of the Board choosing that attests to the teacher’s disability and expected return to workits duration, shall be provided before Assault Leave can be approved for payment. b. Prior B. Falsification of either a written, signed statement or a physician’s certificate may be grounds for suspension or termination of employment under ORC 3319.16. C. Assault Leaves granted under these regulations shall not be charged under Sick Leave earned or earnable under ORC 3319.141, or leave granted under regulations adopted by the BOE pursuant to ORC 3319.08. D. If the teacher’s return to work or the expiration of MBU is physically disabled by the assault for longer than twenty (20) school days, the Superintendent may approve an extension of Assault Leave and require a second medical opinion to substantiate such leave extension, unless the Board may have the teacher examined by a doctor of the Board choosing BOE at its discretion wishes to decide the teacher’s fitness to return to workextend such leave. c. The teacher agrees to cooperate in the prosecution and investigation of the person who assaults him/her E. If an MBU’s absence resulting from assault is covered by the local police authorities and prosecutor. d. If the teacher’s disability extends beyond the five (5) consecutive workdays providedWorkers’ Compensation, the teacher BOE shall use sick leave for provide the remaining period of disability. If additional compensation that will provide said MBU with the teacher fails to use sick leave for the remainder of the period of disability, the teacher will forfeit all payment for assault leave and reimburse the Board through payroll deduction for all assault leave used. 2. If a teacher becomes permanently disabled due to an assault, same income he/she shall apply for disability retirement. If disability retirement is granted, assault leave benefits shall end on was receiving at the effective date time of his/her retirementassault. In the event a delayed award by Workers’ Compensation results in a total combined payment to the MBU which results in an amount equal to or more than the MBU’s normal per diem rate, the excess payment will be returned to the BOE. The MBU shall be required to file a police report, unless the parties mutually agree to waive this requirement. 3. Assault leave granted under this policy F. Any exception beyond the above must be recommended by the Superintendent shall not be charged against sick leave earned or leave granted under other leave policies adopted and approved by the Board of Education. With respect to granting assault leave, the decision of the Superintendent is finalBOE.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Assault Leave. 1. A teacher may be granted assault Section 38.1 The Board of Education shall grant leave in the event that said teacher to an employee who is absent due to physical disability resulting from an assault by a student or his/her parent that which occurs in the course of Board employment. In no event The employee shall submit on prescribed Board of Education form justification for such leave. These signed forms shall be submitted within two (2) working days of said alleged incident, or if the employee is physically unable, as soon thereafter as possible. If medical attention is required, a certificate from a licensed physician stating the nature of the disability and its anticipated duration shall be required before assault leave extend beyond five (5) consecutive working days. Assault leave will can be approved for payment. Section 38.2 To be eligible for assault leave, the certified employee shall apply for and be granted upon Worker’s Compensation. If Workers’ Compensation benefits are paid, the bargaining unit member meeting Board shall pay to such employee the following conditionsdifference 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. a. Section 38.3 Any sick leave days deducted during the period the injured employee was awaiting eligibility for Workers’ Compensation shall be reinstated upon granting of the benefits. Section 38.4 An application for injured employee who has insufficient sick leave accumulation to cover the period such employee is awaiting eligibility shall be advanced a sufficient number of sick leave days that can be earned during the balance of the current school year. Section 38.5 A teacher returning to duty following assault leave shall be on prescribed forms supplied by returned to the administration and shall be signed by same position as was held at the bargaining unit member and a licensed physician time of the Board choosing that attests to incident if the teacher’s disability and expected return to work. b. Prior to the teacher’s return to work or the expiration of the assault leave the Board may have the teacher examined by a doctor of the Board choosing to decide the teacher’s fitness to return to work. c. The teacher agrees to cooperate occurs in the prosecution and investigation of the person who assaults him/her by the local police authorities and prosecutor. d. If the teacher’s disability extends beyond the five (5) consecutive workdays provided, the teacher shall use sick leave for the remaining period of disability. If the teacher fails to use sick leave for the remainder of the period of disability, the teacher will forfeit all payment for assault leave and reimburse the Board through payroll deduction for all assault leave used. 2. If a teacher becomes permanently disabled due to an assault, he/she shall apply for disability retirement. If disability retirement is granted, assault leave benefits shall end on the effective date of his/her retirement. 3. Assault leave granted under this policy by the Superintendent shall not be charged against sick leave earned or leave granted under other leave policies adopted by the Board of Education. With respect to granting assault leave, the decision of the Superintendent is final.same school year in which

Appears in 1 contract

Sources: Master Contract

Assault Leave. 1. A teacher The Board may be granted grant assault leave in the event that said teacher is to teachers absent due to a physical disability resulting from a physical assault by a student providing the following: A. Any teacher who must be absent from his/her duties due to a physical disability resulting from an assault by while engaged in school activities, while on school premises during school hours, and/or at a student or scheduled school activity where attendance is required, will be paid his/her parent that occurs in full schedule compensation for a maximum of thirty (30) work days. B. The teacher shall furnish to the course Superintendent a written signed statement describing the circumstances and events surrounding the assault, including the location, date, and time of Board employment. In no event shall assault leave extend beyond five (5) consecutive working days. the assault, plus names and addresses of witnesses. C. Assault leave will be granted upon the bargaining unit member meeting the following conditions. a. An application for assault leave shall be on prescribed forms supplied by the administration and shall be signed by the bargaining unit member and a licensed physician of the Board choosing that attests to the teacher’s disability and expected return to work. b. Prior to the teacher’s return to work or the expiration of the assault leave the Board may have the teacher examined by a doctor of the Board choosing to decide the teacher’s fitness to return to work. c. The teacher agrees to cooperate in the prosecution and investigation of the person who assaults him/her by the local police authorities and prosecutor. d. If the teacher’s disability extends beyond the five (5) consecutive workdays provided, the teacher shall use sick leave for the remaining period of disability. If the teacher fails to use sick leave for the remainder of the period of disability, the teacher will forfeit all payment for assault leave and reimburse the Board through payroll deduction for all assault leave used. 2. If a teacher becomes permanently disabled due to an assault, he/she shall apply for disability retirement. If disability retirement is granted, assault leave benefits shall end on the effective date of his/her retirement. 3. Assault leave granted under this policy by the Superintendent shall not be charged against sick leave earned or leave granted under other leave policies adopted earnable by the Board teacher so long as the teacher furnishes a written signed statement from a medical doctor as to the nature of Educationthe injury sustained causing the absence. With respect If medical attention is required the doctor shall state the nature and duration of disability. D. Upon receiving the above statements the Superintendent shall review the statements and conduct any further investigation deemed advisable prior to granting the assault leave. E. A prerequisite for qualifying for assault leave shall be that the individual in question must apply for Workers' Compensation and must be willing to assist in the prosecution of the responsible party. The Board will only pay the difference between Workers' Compensation paid and the teacher's regular salary. Should a delay occur in the receipt of Worker's Compensation benefits, the decision of Board shall maintain the Superintendent is finalteacher on full pay status with the understanding that delayed Workers' Compensation benefits will be signed over to the Board when received by the employee.

Appears in 1 contract

Sources: Master Agreement

Assault Leave. 1. A teacher may be granted assault leave in the event that said teacher A. An employee who is absent due to physical disability resulting from a physical assault which occurs in the course of and arising out of Board employment and occurs either during school hours or while in attendance at a school-related function, shall receive assault leave. Assault is defined as the intentional, knowing, or reckless causation of physical harm to the employee by another person, including injuries suffered by the employee during the course or as a result of an assault as defined herein upon third person(s). The phrase “during school hours” shall include time spent on school premises (or other assigned work site) where the employee is performing job related duties, tasks prescribed by a student or his/her parent that occurs supervisor in the course of Board employment, even if the activity occurs before or after the school hours during which student attendance is scheduled. The employee shall not suffer the loss of salary, sick leave, or any other emoluments. Assault leave shall be limited to a maximum of twelve (12) months duration from the date upon which the assault occurred. B. In no event shall the case of injury or visible disfigurement which causes embarrassment to the employee, assault leave extend beyond shall be limited to five (5) consecutive working work days. Assault If the leave will be granted upon exceeds five (5) work days, the bargaining unit member meeting the following conditionsBoard may require a certificate from a licensed physician. a. An application C. The employee shall not qualify for assault leave except upon submission of an application, justifying the granting of assault leave. 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. D. Payment of assault leave shall be on prescribed forms supplied by at the administration regular rate of pay in effect for such employee at the time of such assault, less any compensation to which the employee is entitled under the Workers’ Compensation Act of Ohio. ▇. ▇▇ employee who has been physically assaulted in connection with the performance of a work assignment of this Board of Education shall notify the immediate supervisor or other administrator. 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 bargaining unit member and a licensed physician of the Board choosing that attests to the teacher’s disability and expected return to workemployee and/or his/her representative. b. Prior to ▇. ▇▇▇▇▇▇▇ leave shall cease with the teacher’s return to work or the date of expiration of the assault leave the Board may have the teacher examined by a doctor of the Board choosing to decide the teacheremployee’s fitness to return to work. c. The teacher agrees to cooperate in the prosecution and investigation of the person who assaults him/her by the local police authorities and prosecutor. d. If the teacher’s disability extends beyond the five (5) consecutive workdays provided, the teacher shall use sick leave for the remaining period of disability. If the teacher fails to use sick leave for the remainder of the period of disability, the teacher will forfeit all payment for assault leave and reimburse the Board through payroll deduction for all assault leave used. 2. If a teacher becomes permanently disabled due to an assault, he/she shall apply for disability retirement. If disability retirement is granted, assault leave benefits shall end on last limited contract or the effective date of his/her retirement. 3. Assault leave granted under this policy by termination in the Superintendent shall not be charged against sick leave earned event of non-renewal or leave granted under other leave policies adopted by the Board of Education. With respect to granting assault leave, the decision termination of the Superintendent is finalemployee’s contract for any other reason.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Assault Leave. 1. A teacher may be granted assault leave in the event that said teacher A. An employee who is absent due to physical disability resulting from a physical assault which occurs in the course of and arising out of Board employment and occurs either during school hours or while in attendance at a school-related function, shall receive assault leave. Assault is defined as the intentional, knowing, or reckless causation of physical harm to the employee by another person, including injuries suffered by the employee during the course or as a result of an assault as defined herein upon third person(s). The phrase “during school hours” shall include time spent on school premises (or other assigned work site) where the employee is performing job related duties, tasks prescribed by a student or his/her parent that occurs supervisor in the course of Board employment, even if the activity occurs before or after the school hours during which student attendance is scheduled. The employee shall not suffer the loss of salary, sick leave, or any other emoluments. Assault leave shall be limited to a maximum of twelve (12) months duration from the date upon which the assault occurred. B. In no event shall the case of injury or visible disfigurement which causes embarrassment to the employee, assault leave extend beyond shall be limited to five (5) consecutive working work days. Assault If the leave will be granted upon exceeds five (5) work days, the bargaining unit member meeting the following conditionsBoard may require a certificate from a licensed physician. a. An application C. The employee shall not qualify for assault leave except upon submission of an application, justifying the granting of assault leave. 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. D. Payment of assault leave shall be on prescribed forms supplied by at the administration regular rate of pay in effect for such employee at the time of such assault, less any compensation to which the employee is entitled under the Workers’ Compensation Act of Ohio. E. An employee who has been physically assaulted in connection with the performance of a work assignment of this Board of Education shall notify the immediate supervisor or other administrator. 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 bargaining unit member and a licensed physician of the Board choosing that attests to the teacher’s disability and expected return to workemployee and/or his/her representative. b. Prior to F. Assault leave shall cease with the teacher’s return to work or the date of expiration of the assault leave the Board may have the teacher examined by a doctor of the Board choosing to decide the teacheremployee’s fitness to return to work. c. The teacher agrees to cooperate in the prosecution and investigation of the person who assaults him/her by the local police authorities and prosecutor. d. If the teacher’s disability extends beyond the five (5) consecutive workdays provided, the teacher shall use sick leave for the remaining period of disability. If the teacher fails to use sick leave for the remainder of the period of disability, the teacher will forfeit all payment for assault leave and reimburse the Board through payroll deduction for all assault leave used. 2. If a teacher becomes permanently disabled due to an assault, he/she shall apply for disability retirement. If disability retirement is granted, assault leave benefits shall end on last limited contract or the effective date of his/her retirement. 3. Assault leave granted under this policy by termination in the Superintendent shall not be charged against sick leave earned event of non-renewal or leave granted under other leave policies adopted by the Board of Education. With respect to granting assault leave, the decision termination of the Superintendent is finalemployee’s contract for any other reason.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Assault Leave. 1. A teacher bargaining unit member may be granted assault leave in the event that said teacher employee is absent due to physical disability resulting from an assault by a student or his/her parent that which occurs in the course of Board employment. In no event shall assault leave extend beyond five twenty (520) consecutive working days, unless by Board approval. Assault leave will be granted upon the bargaining unit Bargaining Unit member meeting the following conditions.: a. 1. An application for assault leave shall be on prescribed forms supplied by the administration Administration and shall be signed by the bargaining unit Bargaining Unit member and a licensed physician of the Board choosing that attests to the teacher’s Bargaining Unit members disability and expected return to work. b. 2. Prior to the teacher’s bargaining unit member return to work or the expiration of the assault leave the Board may have the teacher bargaining unit member examined by a doctor of the Board choosing to decide the teacher’s Bargaining Unit members' fitness to return to work. c. 3. The teacher Bargaining Unit member agrees to cooperate in the prosecution and investigation of the person who assaults him/her by the local police authorities and prosecutor. d. If . To qualify for assault leave, in addition to the teacher’s disability extends beyond the five (5) consecutive workdays provideditems set forth above, the teacher employee must file a claim with the Bureau of Worker's Compensation. All medical payments shall use sick leave be applied for through the remaining period insurance carrier of disabilitythe Board and if not payable then through Worker's Compensation. If the teacher fails to use sick leave for the remainder of the period of disabilityWorker's Compensation benefits are granted, the teacher will forfeit all payment for amount of these benefits shall be subtracted away from the assault leave and reimburse benefits (per diem rate of pay) paid by the Board through payroll deduction for all assault leave used. 2of Education. If a teacher an employee becomes permanently disabled due to an assault, he/she shall apply for disability retirement. If disability retirement is granted, assault leave benefits shall end on the effective date of his/her retirement. 3. Assault leave granted under this policy by the Superintendent superintendent shall not be charged against sick leave earned earned, or leave granted under other leave policies adopted by the Board of Education. With respect to granting assault leave, the decision of the Superintendent is final.

Appears in 1 contract

Sources: Negotiated Agreement

Assault Leave. 1Assault leave with pay will be available to members of the bargaining unit who are unable to perform their contractual duties because of injury or illness caused by a physical assault on said member by a non-employee of the Board while he/she is performing contractual duties. A To be eligible for assault leave, a teacher may must file criminal charges with the proper authorities. All such leave will be granted subject to the following provisions: A. Assault leave under this provision shall not be charged to sick leave. B. Such paid leave will be limited to a maximum of twenty (20) working days per school year. C. The teacher shall be required to provide a physician’s statement describing the nature of the physical disability and its expected duration. The Board shall have the right to have the employee examined by a physician of the Board’s choice at the Board’s expense. D. The teacher will be maintained on full pay status with fringe benefits during the period of paid assault leave. E. If, upon the exhaustion of both sick leave and paid assault leave in of twenty (20) working days, the event that said teacher is absent due still unable to physical disability resulting from an assault by a student or perform his/her parent that occurs contractual duties, he/she shall be eligible for a leave of absence. Such leave of absence herein provided is without pay and is not to exceed one (1) year unless renewed by the Board. This provision is expressly intended to supersede requirements of the Revised Code applicable to unpaid leaves of absence and retirement contributions to STRS by employees and the Board. F. Any member currently on leave of absence shall inform the Board by April 1 of his/her intention to return to duty or request additional leave. G. Any employee who receives benefits under this policy shall cooperate with the City Law Director in criminal prosecution resulting from the course assault. Should it become necessary for the employee to be absent from work as a result of Board employmentthe filing of a charge and the prosecution of the assailant, the employee shall be granted leave with pay for such purposes. In no event These days shall be in addition to the twenty (20) assault leave extend beyond five (5) consecutive working days. Assault days and shall not be charged against the employee’s sick and/or personal leave will be granted upon the bargaining unit member meeting the following conditionsaccumulation. a. An application H. Upon the request of the teacher, any student who physically assaults a teacher who qualifies for assault leave under this Article shall be on prescribed forms supplied by the administration and shall be signed by the bargaining unit member and a licensed physician of the Board choosing that attests to removed from the teacher’s disability classroom and expected return to work. b. Prior to the teacher’s return to work or the expiration of the assault leave the Board may have the teacher examined by a doctor of the Board choosing to decide the teacher’s fitness to return to work. c. The teacher agrees to cooperate in the prosecution and investigation of the person who assaults him/her by the local police authorities and prosecutor. d. If the teacher’s disability extends beyond the five (5) consecutive workdays provided, the teacher shall use sick leave for the remaining period of disability. If the teacher fails to use sick leave reassigned for the remainder of the period of disabilityschool year if another placement is possible in the same building. Any proposed change in placement under this provision must be reviewed by the evaluation team and approved prior to its implementation. For students governed by an IEP, the IEP team will serve as the evaluation team. For non- IEP students, the building principal, social worker or guidance counselor, and another classroom teacher will forfeit all payment for assault leave and reimburse serve as the Board through payroll deduction for all assault leave usedevaluation team. 2. If a teacher becomes permanently disabled due to an assault, he/she shall apply for disability retirement. If disability retirement is granted, assault leave benefits shall end on the effective date of his/her retirement. 3. Assault leave granted under this policy by the Superintendent shall not be charged against sick leave earned or leave granted under other leave policies adopted by the Board of Education. With respect to granting assault leave, the decision of the Superintendent is final.

Appears in 1 contract

Sources: Master Contract

Assault Leave. A. Notwithstanding the provision of Section 3319.141 of the Ohio Revised Code, the Board shall grant assault leave to employees absent due to disability resulting from assault under the following conditions: 1. A teacher may Any employee who must be granted assault leave in the event that said teacher is absent from his or her duties due to physical disability resulting from an assault by a student or his/her parent that occurs in the course of Board and arising out of the employee’s employment. In no event , while working, on or off school premises before, during or after school hours, shall assault leave extend beyond five be paid his or her full scheduled compensation for a maximum period of forty (540) consecutive working dayscontract days falling in the same school year. Assault leave will may be granted upon extended with the bargaining unit member meeting approval of the following conditionsSuperintendent. a. An application 2. Any employee who must be absent from his or her duties due to mental disability resulting from an assault in the course of and arising out of the employee’s employment, while working, on or off school premises before, during or after school hours, shall be paid his or her full scheduled compensation for a maximum period of up to three (3) contract days falling in the same school year. The granting of assault leave under section 6.06 is subject to, and within the sole discretion of, the Superintendent. B. If permanently disabled, the employee must apply for disability retirement, and no assault leave shall be on prescribed forms supplied by the administration and granted after such retirement has been approved. The period of such absence, defined in this provision, shall be termed “assault leave.” C. 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 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 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 bargaining unit member State of Ohio. D. The Board may require an examination and certificate from a licensed physician of chosen and paid by the Board choosing that attests to the teacher’s disability and expected return to work. b. Prior to the teacher’s return to work or the expiration of the assault leave the Board may have the teacher examined by a doctor of the Board choosing to decide the teacher’s fitness to return to work. c. The teacher agrees to cooperate in the prosecution and investigation of the person who assaults him/her by the local police authorities and prosecutor. d. If the teacher’s disability extends beyond the five (5) consecutive workdays provided, the teacher shall use sick leave for the remaining period of disability. If the teacher fails to use sick leave for the remainder of the period of disability, the teacher will forfeit all payment for assault leave and reimburse the Board through payroll deduction for all assault leave used. 2. If a teacher becomes permanently employee was disabled due to an assault, he/she shall apply for disability retirement. If disability retirement is granted, assault leave benefits shall end on the effective date from performance of his/her retirementemployment and the extent and duration of such disability. 3. E. Falsification of either the written, signed statement of events or circumstances surrounding the assault or the physician’s statement may be grounds for suspension or termination of employment under 3319.081 O.R.C. or 124.34 O.R.C. F. Assault leave granted under this policy leave, which is approved by the Superintendent Superintendent, shall not be charged against sick leave earned or leave granted under other leave policies regulations adopted by the Board Board, pursuant to 3319.08 O.R.C., or any other leave to which the employee is entitled. G. The employees are encouraged to file appropriate action against the person committing the assault including criminal charges or civil action, or both, in case of Education. With respect to granting any assault leave, the decision of the Superintendent is finalor injuries.

Appears in 1 contract

Sources: Collective Bargaining Agreement