Assault Leave. An employee who is physically and/or psychologically assaulted as a result of employment shall be provided assault leave and sign a written release to permit the Director of Human Resources to consult with a physician on the sole issue of the physician's professional opinion regarding the need for assault leave. The initial authorization of assault leave shall be for up to forty-five (45) working days. 6.9.1 The employee who has been assaulted must furnish a written, signed statement on forms provided by the Board to justify the use of assault leave and sign a written release to permit the Director of Human Resources to consult with a physician on the sole issue of the physician’s professional opinion regarding the need for assault leave. The initial authorization of assault leave shall be for up to forty-five (45) working days. 6.9.2 The employee who has been assaulted must file an assault complaint with appropriate officials, including a police report, in the appropriate jurisdiction unless evidence is presented by a physician and/or a psychiatrist that the involved staff member's physical or mental health would be impaired by subsequent court appearances. In an effort to support the assaulted employee's safe return to work, the Board will pursue strategies to minimize contact between the assaulted employee and the assaulting party in accordance with law. 6.9.3 A certificate from a licensed physician stating the nature of the disability and its duration from a licensed physician shall be required before assault leave can be approved for payment. 6.9.4 If requested by the Director of Human Resources and if the assault leave will extend beyond forty-five (45) working days, the Director of Human Resources may ask the employee to furnish a certificate from the original licensed physician stating the nature of the disability and its duration. The Director of Human Resources may request a second opinion(s), at Board expense, following each time the employee furnishes the certificate from a licensed physician stating the nature of the disability and its duration. The Board, at its expense, shall consult an occupational health service to select an appropriate physician to provide a second opinion. If there is a disagreement between the original physician and Board physician, the two physicians will be asked to select a third physician, at Board expense, to provide a final decision. 6.9.5 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 of Education pursuant to Section 3319.08 of the Ohio Revised Code. Likewise, if an employee is subpoenaed to make court appearances related to the assault, assault leave days shall be granted. However, any remuneration received for serving the court will be disbursed to the Board of Education by the employee, exclusive of parking fees, mileage, and meal expenses. 6.9.6 In the case of an assault on an employee as a result of employment of the Board of Education for which Worker's Compensation or disability compensation under the State Teachers Retirement System is paid, the Board will pay the difference between the Worker's Compensation or disability payment and the employee's daily rate, for a period not to exceed one (1) year. In addition, the Board will pay the monthly premium on the medical plan, major medical, and group life insurance pursuant to law. 6.9.7 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 Ohio Revised Code.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Assault Leave. An employee who is physically and/or psychologically assaulted as a result of employment shall be provided assault leave on full pay status for a period not to exceed one (1) year. The employee will be eligible to apply for disability compensation as specified in the rules and regulations of the State Employees Retirement System.
1. The employee who has been assaulted must furnish a written, signed statement on forms provided by the Board to justify the use of assault leave and sign a written release to permit the Director of Human Resources to consult with a physician on the sole issue of the physician's professional opinion regarding the need for assault leave. The initial authorization of assault leave shall be for up to forty-five (45) working daysworkdays.
6.9.1 The employee who has been assaulted must furnish a written, signed statement on forms provided by the Board to justify the use of assault leave and sign a written release to permit the Director of Human Resources to consult with a physician on the sole issue of the physician’s professional opinion regarding the need for assault leave2. The initial authorization of assault leave shall be for up to forty-five (45) working days.
6.9.2 The employee who has been assaulted must file an assault complaint with appropriate officials, including a police report, in the appropriate jurisdiction unless evidence is presented by a physician and/or a psychiatrist present evidence that the involved staff member's physical or mental health would be impaired by subsequent court appearances. In an effort to support the assaulted employee's safe return to work, the Board will pursue strategies to minimize contact between the assaulted employee and the assaulting party in accordance with law.
6.9.3 3. A certificate from a licensed physician stating the nature of the disability and its duration from a licensed physician shall be required before assault leave can be approved for payment.
6.9.4 4. If requested by the Director of Human Resources and if the assault leave will extend beyond forty-five (45) working daysworkdays, the Director of Human Resources may ask the employee to furnish a certificate from the original licensed physician stating the nature of the disability and its duration. The Director of Human Resources may request a second opinion(s), at Board expense, following each time the employee furnishes the certificate from a licensed physician stating the nature of the disability and its duration. The Board, at its expense, shall consult an occupational health service to select an appropriate physician to provide a second opinion. If there is a disagreement between the original physician and Board physician, the two physicians will be asked to select a third physician, at Board expense, to provide a final decision.
6.9.5 5. 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 of Education pursuant to Section 3319.08 of the Ohio Revised Code. Likewise, if an employee is subpoenaed to make court appearances related to the assault, assault leave days shall be granted. However, any remuneration received for serving the court will be disbursed to the Board of Education by the employee, exclusive of parking fees, mileage, and meal expensesexpenses will disburse any remuneration received for serving the court to the Board of Education.
6.9.6 6. In the case of an assault on an employee as a result of employment of with the Board of Education for which Worker's Compensation or disability compensation under the State Teachers Employees Retirement System is paid, the Board will pay the difference between the Worker's Compensation or disability payment and the employee's daily hourly rate, for a period not to exceed one (1) year. In addition, addition the Board will pay its portion of the monthly premium on the medical plan, major medical, and group life insurance pursuant to law.
6.9.7 7. 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 Ohio Revised Code.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Assault Leave. An 1. The Board will provide up to a maximum of thirty (30) working days Assault Leave, wherein an employee who is physically and/or psychologically assaulted as absent due to physical disability resulting from a result physical assault by a person(s) that occurs in the course of any employee's Board employment, and will maintain the employee on full pay status during the period of such absence under the following provisions:
a. The incident, resulting in the absence of the employee, must have occurred during the course of employment shall be provided assault leave and sign a written release to permit with the Director of Human Resources to consult with a physician on the sole issue of the physician's professional opinion regarding the need for assault leave. The initial authorization of assault leave shall be for up to forty-five (45) working days.Board;
6.9.1 b. The employee who has been assaulted must furnish a written, signed statement on forms provided by the Board to justify the use of assault leave Assault Leave. Said statement shall completely describe the circumstances and sign a written release to permit behavior of all pertinent parties. The statement must be filed with the Director of Human Resources to consult with a physician on the sole issue Superintendent within five (5) working days of the physician’s professional opinion regarding alleged assault unless the need for assault leave. The initial authorization of assault leave shall be for up to forty-five (45) working days.employee is incapacitated – then as soon as possible;
6.9.2 The employee who has been assaulted must file an assault complaint with appropriate officials, including a police report, in the appropriate jurisdiction unless evidence c. If medical attention is presented by a physician and/or a psychiatrist that the involved staff member's physical or mental health would be impaired by subsequent court appearances. In an effort to support the assaulted employee's safe return to workrequired, the Board will pursue strategies to minimize contact between the assaulted employee and the assaulting party in accordance with law.
6.9.3 A must furnish a certificate from a licensed physician stating the nature of the disability and its estimated duration from a licensed physician shall be required before assault leave Assault Leave can be approved for payment. The Board may require a second medical opinion to substantiate the employee's physical inability to work;
d. An employee receiving Assault Leave must agree to give written and/or verbal testimony to assist the Board and the administration as necessary to ensure appropriate disciplinary action is taken against the attacker, and is also encouraged to file charges with the appropriate authorities. If court action results, said employee shall be granted leave of his/her professional duties, and no deductions will be made from his/her sick leave.
6.9.4 If requested by the Director e. Payment of Human Resources and if the assault leave will extend beyond forty-five (45) working days, the Director of Human Resources may ask the employee to furnish a certificate from the original licensed physician stating the nature of the disability and its duration. The Director of Human Resources may request a second opinion(s), at Board expense, following each time the employee furnishes the certificate from a licensed physician stating the nature of the disability and its duration. The Board, at its expense, shall consult an occupational health service to select an appropriate physician to provide a second opinion. If there is a disagreement between the original physician and Board physician, the two physicians will be asked to select a third physician, at Board expense, to provide a final decision.
6.9.5 Assault leave granted under these regulations Leave shall not be charged under sick leave earned or earnable under Section 3319.141 made until all paperwork required and requested has been submitted;
f. Employees shall not accrue Assault Leave from year to year;
g. Payment for Assault Leave shall be at the assaulted employee's rate of pay in effect at the time of the Ohio Revised Code or leave granted under regulations adopted by the Board of Education pursuant to Section 3319.08 of the Ohio Revised Code. Likewise, if an employee is subpoenaed to make court appearances related to the assault, assault leave days shall be granted. However, any remuneration received for serving the court will be disbursed to the Board of Education by and based upon the employee’s regularly assigned hours (i.e., exclusive of parking feesit does not include any special or overtime assignments, mileage, and meal expenses.including bus drivers’ field trips);
6.9.6 In the case of an assault on an employee as a result of employment of the Board of Education for which Worker's Compensation or disability compensation under the State Teachers Retirement System is paid, the Board will pay the difference between the Worker's Compensation or disability payment and the employee's daily rate, for a period not to exceed one (1) year. In addition, the Board will pay the monthly premium on the medical plan, major medical, and group life insurance pursuant to law.
6.9.7 h. Falsification of either a signed statement or a physician's certificate fraud for securing Assault Leave is grounds for suspension or termination of employment termination.
2. Assault Leave granted under these regulations should not be charged under Sick Leave earned or earnable under O.R.C. Section 3319.16 of the Ohio Revised Code3319.
Appears in 3 contracts
Samples: Master Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Assault Leave. An employee who If any member of the bargaining unit is physically absent due to a physical injury resulting from an assault occurring while in the course of his/her employment, assignment of duties, and/or psychologically assaulted as fulfilling duties at a result of employment school sponsored event/function he/she shall be provided eligible to receive assault leave. Such leave and sign shall be granted for a period not to exceed thirty (30) work days upon the teacher's filing of a completed Assault Leave form (Appendix G) with the Treasurer. The teacher shall file a full written release to permit report concerning any assault after having the Director of Human Resources 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 physician on personal capacity, retains the sole issue of the physician's professional opinion regarding the need for assault leaveright to take whatever legal action desired. The initial authorization of assault leave teacher shall be for up to forty-five (45) working days.
6.9.1 The employee who has been assaulted must furnish supply a written, signed statement on forms provided by the Board to justify the use of assault leave and sign a written release to permit the Director of Human Resources to consult with a physician on the sole issue of the physician’s professional opinion regarding the need for assault leave. The initial authorization of assault leave shall be for up to forty-five (45) working days.
6.9.2 The employee who has been assaulted must file an assault complaint with appropriate officials, including a police report, in the appropriate jurisdiction unless evidence is presented by a physician and/or a psychiatrist that the involved staff member's physical or mental health would be impaired by subsequent court appearances. In an effort to support the assaulted employee's safe return to work, the Board will pursue strategies to minimize contact between the assaulted employee and the assaulting party in accordance with law.
6.9.3 A certificate from a licensed physician stating the nature of the disability and its duration from expected duration. The Superintendent may require that the process of establishing a licensed physician teacher's eligibility for assault leave may also include an examination by a Board-appointed physician. In that event, the examination shall be required before 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 can shall equal the teacher's per diem rate of pay inclusive of supplementary pay, less workers' compensation, if any, and will not be approved for payment.
6.9.4 If requested by payment unless and until the Director of Human Resources and if the assault leave will extend beyond forty-five (45) working daysform and/or certificate, the Director of Human Resources may ask the employee to furnish a certificate from the original licensed physician stating the nature of the disability and its duration. The Director of Human Resources may request a second opinion(s)as provided above, at Board expense, following each time the employee furnishes the certificate from a licensed physician stating the nature of the disability and its duration. The Board, at its expense, shall consult an occupational health service to select an appropriate physician to provide a second opinion. If there is a disagreement between the original physician and Board physician, the two physicians will be asked to select a third physician, at Board expense, to provide a final decision.
6.9.5 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 of Education pursuant to Section 3319.08 of the Ohio Revised Code. Likewise, if an employee is subpoenaed to make court appearances related are submitted to the assault, assault leave days shall be grantedSuperintendent. However, any remuneration received for serving the court will be disbursed to the Board of Education by the employee, exclusive of parking fees, mileage, and meal expenses.
6.9.6 In the case of an assault on an employee as a result of employment of the Board of Education for which Worker's Compensation or disability compensation under the State Teachers Retirement System is paid, the Board will pay the difference between the Worker's Compensation or disability payment and the employee's daily rate, for a period not to exceed one (1) year. In addition, the Board will pay the monthly premium on the medical plan, major medical, and group life insurance pursuant to law.
6.9.7 Falsification of either a the signed statement or a physician's certificate is grounds for suspension or disciplinary action up to and including termination of employment under Section 3319.16 of the pursuant to Ohio Revised CodeCode 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 accumulated and unused sick leave.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Assault Leave. An employee A. A bargaining unit member who is has been physically and/or psychologically assaulted as assaulted/attacked by a result of employment shall parent, student, or other parties will be provided assault leave and sign a written release to permit the Director of Human Resources to consult with a physician on the sole issue of the physician's professional opinion regarding the need eligible for assault leave. The initial authorization of This assault leave shall does not have to be for up on Board premises or in attendance at an official school function to forty-five (45) working days.
6.9.1 The employee who has been assaulted must furnish a written, signed statement on forms provided by the Board to justify the use of assault leave and sign a written release to permit the Director of Human Resources to consult with a physician on the sole issue of the physician’s professional opinion regarding the need be eligible for assault leave. The initial authorization of assault leave shall be for up to fortyThis clause, on a case by case basis, may also cover any bargaining unit member who is assaulted or attacked by school-five (45) working daysrelated parties even if that assault/attack was not on school grounds or at a school function.
6.9.2 The employee who has been assaulted must file an B. To make application for assault complaint leave, the bargaining unit member will furnish the Superintendent with appropriate officialsa statement which indicates the following: the nature of the inflicted injuries; the date of the occurrence; the identity, including a police reportif possible, of the individual(s) causing the assault; the facts surrounding the assault; and the willingness of the bargaining unit member to pursue legal action along with the Board against the assailant(s) in the appropriate jurisdiction unless evidence court of law. If medical attention is presented by a physician and/or a psychiatrist that the involved staff member's physical or mental health would be impaired by subsequent court appearances. In an effort to support the assaulted employee's safe return to workrequired, the Board bargaining unit member will pursue strategies to minimize contact between the assaulted employee and the assaulting party in accordance with law.
6.9.3 A supply a certificate from a licensed physician stating the nature of the injury/disability and its duration expected duration.
C. If court action results, the bargaining unit member will be granted leave of their professional duties upon request to the Superintendent or designee with no loss of pay for days in court or consultation as will be required by counsel or law enforcement officers. This applies to days or hours that cannot be transacted outside of the normal teaching duties or hours.
D. If an assault on a bargaining unit member results in the bargaining unit member being unable to perform their duties, the bargaining unit member will be provided leave without loss of pay or benefits. The attending physician will submit a medical recommendation to the Superintendent as to the fitness of the individual to assume their duties. However, the Board may require, at its own expense, a second opinion from a licensed physician shall not associated with the attending physician.
E. Assault leave may be required before granted on a case by case basis as deemed necessary by the attending physician. These assault leave can days will not be approved for paymentdeducted from any other accumulation of authorized leave.
6.9.4 If requested by F. At the Director termination of Human Resources and if the assault leave, the bargaining unit member will return to their same or similar professional assignment held prior to this leave.
G. The pay of a bargaining unit member on assault leave will extend beyond forty-five (45) working days, the Director of Human Resources may ask the employee to furnish a certificate from the original licensed physician stating the nature of the disability and its duration. The Director of Human Resources may request a second opinion(s), at Board expense, following each time the employee furnishes the certificate from a licensed physician stating the nature of the disability and its duration. The Board, at its expense, shall consult an occupational health service to select an appropriate physician to provide a second opinion. If there is a disagreement between the original physician and Board physician, the two physicians will be asked to select a third physician, at Board expense, to provide a final decision.
6.9.5 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 reduced by the Board of Education pursuant to Section 3319.08 of the Ohio Revised Code. Likewiseamount received by that individual, if an employee is subpoenaed any, for Worker’s Compensation as a benefit to make court appearances related to the assault, assault leave days shall be granted. However, any remuneration received for serving the court will be disbursed to the Board cover loss of Education by the employee, exclusive of parking fees, mileage, and meal expenses.
6.9.6 In the case of an assault on an employee pay as a result of employment of the Board of Education for which Worker's Compensation or disability compensation under the State Teachers Retirement System is paidinjury. However, the Board bargaining unit member’s pay will pay the difference between the not be reduced by benefits received from Worker's ’s Compensation or disability payment and the employee's daily rateto cover expenses for occupational diseases, for a period not to exceed one (1) year. In additionmedical diseases, the Board will pay the monthly premium on the medical planexpenses, major medicalnursing expenses, and group life insurance pursuant to lawhospital services, medicines, and/or rehabilitation services.
6.9.7 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 Ohio Revised Code.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Assault Leave. An Assault" shall mean the causing of physical harm to an employee by any person when the employee charges such person with an offense prohibited by Title Twenty-Nine (29) of the Ohio Revised Code. Members of the bargaining unit who are absent from work due to a physical disability resulting from a physical assault on his/her person, when such assault occurs on district premises and during the course of the employee's performance of his/her duties as an employee of the district, or during the employee's attendance at any school event or activity at which such attendance by the employee is physically and/or psychologically assaulted as a result required or ordered by the district administration, or in the course of employment transporting students or material to or from said premises, shall be provided granted assault leave and sign a written release according to permit the Director of Human Resources to consult with a physician on the sole issue of the physician's professional opinion regarding the need following rules:
1. No more than ninety (90) working days per incident may be used for assault leave. The initial authorization of Board may require the employee to be examined by a physician appointed by the Board. An employee must apply for disability retirement when the assault leave shall be for up to fortyreaches the sixty-five first (4561st) working daysday.
6.9.1 The employee who has been assaulted must furnish a written, signed statement on forms provided by the Board to justify the use of assault leave and sign a written release to permit the Director of Human Resources to consult with a physician on the sole issue of the physician’s professional opinion regarding the need 2. To qualify for assault leave. The initial authorization of assault leave shall be for up to forty-five (45) working days.
6.9.2 The employee who has been assaulted must file an assault complaint with appropriate officials, including a police report, in the appropriate jurisdiction unless evidence is presented by a physician and/or a psychiatrist that the involved staff member's physical or mental health would be impaired by subsequent court appearances. In an effort to support the assaulted employee's safe return to work, the employee shall furnish to the Board will pursue strategies to minimize contact between the assaulted employee and the assaulting party in accordance with law.
6.9.3 A certificate a certification from a licensed physician physician, stating the nature of the disability and its duration from a licensed physician shall be required before assault leave can be approved for payment.
6.9.4 If requested by the Director of Human Resources and if the assault leave will extend beyond forty-five (45) working days, the Director of Human Resources may ask the employee to furnish a certificate from the original licensed physician stating the nature of the disability and its likely duration. The Director Superintendent may require a licensed physician's statement justifying the continuation of Human Resources may request the leave at any time during the leave.
3. An assaulted employee, and any other employee who has knowledge that such an assault upon an employee has occurred, shall immediately report such assault to his/her immediate supervisor. In the absence of such immediate supervisor, a second opinion(s)report shall be made to the building principal, at Board expenseto the Associate Superintendent for Instruction, following each time the Assistant Superintendent, or the Superintendent. Such a report shall include all facts within the employee's knowledge regarding said assault.
4. An Assault Leave Form shall be completed by the employee furnishes the certificate from a licensed physician stating the nature of the disability and its duration. The Board, at its expense, before any assault leave shall consult an occupational health service to select an appropriate physician to provide a second opinion. If there is a disagreement between the original physician and Board physician, the two physicians will be asked to select a third physician, at Board expense, to provide a final decisiongranted.
6.9.5 5. Assault leave granted under these regulations shall not be charged under sick cumulative from year to year.
6. Payment for assault leave earned or earnable under Section 3319.141 shall be at the assaulted employee's rate of pay in effect at the time of the Ohio Revised Code or leave granted assault. Payment under regulations adopted by this provision shall constitute the employee's entire compensation from the Board during the period of Education pursuant to Section 3319.08 physical disability and shall be in lieu of any payments under Chapter 4123 of the Ohio Revised Code.
7. Likewise, if an employee is subpoenaed to make court appearances related to the assault, Falsification of a statement for assault leave days shall be granted. However, any remuneration received for serving the court will be disbursed to the Board of Education by the employee, exclusive of parking fees, mileage, and meal expenses.
6.9.6 In the case of an assault on an employee as a result of employment of the Board of Education for which Worker's Compensation or disability compensation under the State Teachers Retirement System is paid, the Board will pay the difference between the Worker's Compensation or disability payment and the employee's daily rate, for a period not to exceed one (1) year. In addition, the Board will pay the monthly premium on the medical plan, major medical, and group life insurance pursuant to law.
6.9.7 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 Ohio Revised Codeemployment.
8. Assault leave shall not be charged against sick leave.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Assault Leave. Assault leave provides extended job income and benefits protection to an employee who is injured as the result of a physical assault suffered during the performance of his or her job. An incident involving an assault is a work-related injury, and should be immediately reported to the superintendent. An injury is treated as an assault if the person causing the injury could be prosecuted for assault or could not be prosecuted only because that person’s age or mental capacity renders the person not responsible for purposes of criminal liability. An employee who is physically and/or psychologically assaulted as a result at work may take all the leave time medically necessary (up to two years) to recover from the physical injuries he or she sustained. At the request of employment shall be provided an employee, the district will immediately assign the employee to assault leave. Days of leave granted under the assault leave provision will not be deducted from accrued personal leave and sign must be coordinated with workers' compensation benefits. Upon investigation the district may change the assault leave status and charge leave used against the employee’s accrued paid leave. The employee’s pay will be deducted if accrued paid leave is not available. JURY DUTY Policies DEC, DG The district provides paid leave to employees who are summoned to jury duty including service on a written release grand jury. The district will not discharge, threaten to permit discharge, intimidate, or coerce any regular employee because of juror or grand juror service or for the Director of Human Resources employee’s attendance in connection with service in any court in the United States. Employees who report to consult with the court for jury duty may keep any compensation the court provides. An employee should report a physician on summons for jury duty to his or her supervisor as soon as it is received and may be required to provide the sole issue district a copy of the physician's professional opinion regarding summons to document the need for assault leave. The initial authorization of assault leave shall An employee may be for up required to forty-five (45) working days.
6.9.1 The employee who has been assaulted must furnish a written, signed statement on forms provided by the Board report back to justify the use of assault leave and sign a written release to permit the Director of Human Resources to consult with a physician on the sole issue of the physician’s professional opinion regarding the need for assault leavework as soon as they are released from jury duty. The initial authorization of assault leave shall be for up to forty-five (45) working days.
6.9.2 The employee who has been assaulted must file an assault complaint with appropriate officials, including a police report, in supervisor may consider the appropriate jurisdiction unless evidence is presented by a physician and/or a psychiatrist that the involved staff member's physical or mental health would be impaired by subsequent court appearances. In an effort to support the assaulted employee's safe return to work, the Board will pursue strategies to minimize contact between the assaulted employee travel time required and the assaulting party in accordance with law.
6.9.3 A certificate from a licensed physician stating the nature of the disability individual’s position when determining the need to report to work. A copy of the release from jury duty or documentation of time spent at the court may be required. COMPLIANCE WITH A SUBPOENA Employees will be paid while on leave to comply with a valid subpoena to appear in a civil, criminal, legislative, or administrative proceeding and its duration from a licensed physician shall will not be required before assault to use paid leave. Employees may be required to submit documentation of their need for leave can for court appearances. TRUANCY COURT APPEARANCES An employee who is a parent, guardian of a child, or a court-appointed guardian ad litem of a child who is required to miss work to attend a truancy court hearing may use personal leave or compensatory time for the absence. Employees who do not have paid leave available will be approved docked for payment.
6.9.4 If requested by the Director of Human Resources and if the assault leave will extend beyond forty-five (45) working days, the Director of Human Resources may ask the employee to furnish a certificate from the original licensed physician stating the nature any absence required because of the disability and its durationcourt appearance. RELIGIOUS OBSERVANCE The district will reasonably accommodate an employee’s request for absence for religious holiday or observance. Accommodations such as changes to work schedules or approving a day of absence will be made unless they pose an undue hardship to the district. The Director employee may use any accumulated personal leave for this purpose. Employees who have exhausted applicable paid leave may be granted an unpaid day of Human Resources may request a second opinion(s), at Board expense, following each time the employee furnishes the certificate from a licensed physician stating the nature of the disability and its durationabsence. The Board, at its expense, shall consult an occupational health service to select an appropriate physician to provide a second opinion. If there is a disagreement between the original physician and Board physician, the two physicians will be asked to select a third physician, at Board expense, to provide a final decision.
6.9.5 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 of Education pursuant to Section 3319.08 of the Ohio Revised Code. Likewise, if an employee is subpoenaed to make court appearances related to the assault, assault leave days shall be granted. However, any remuneration received for serving the court will be disbursed to the Board of Education by the employee, exclusive of parking fees, mileage, and meal expenses.
6.9.6 In the case of an assault on an employee as a result of employment of the Board of Education for which Worker's Compensation or disability compensation under the State Teachers Retirement System is paid, the Board will pay the difference between the Worker's Compensation or disability payment and the employee's daily rate, for a period not to exceed one (1) year. In addition, the Board will pay the monthly premium on the medical plan, major medical, and group life insurance pursuant to law.
6.9.7 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 Ohio Revised Code.MILITARY LEAVE
Appears in 2 contracts
Samples: Employee Technology Responsible Use Agreement, Employee Technology Responsible Use Agreement
Assault Leave. Assault on a bargaining unit member is a most grievous act. An employee who is physically required to be absent due to a physical disability resulting from a physical assault and/or psychologically assaulted as a result of employment mediating a dispute which occurs in the course of Board employment; while on school grounds; during school hours; or where required to be in attendance at school-sponsored functions, that employee shall be provided eligible to receive fifteen (15) days assault leave and sign as explained below. Physical disability for the purpose of this section is defined as a written release to permit temporary condition of incapacity resulting from the Director of Human Resources to consult with a physician on the sole issue of the physician's professional opinion regarding the need for assault leavephysical action against an employee by another person or persons. The initial authorization of If assault leave shall be for up to fortyis granted, the Board will maintain the Assistant on full-five (45) working days.
6.9.1 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 justify the use of assault leave and sign a written release to permit the Director of Human Resources to consult with a physician on the sole issue of the physician’s professional opinion regarding the need for assault leave. The initial authorization of assault leave shall be for up to forty-five (45) working days.
6.9.2 The employee who has been assaulted must file an assault complaint with appropriate officialsIf medical attention is required, including a police report, in the appropriate jurisdiction unless evidence is presented by a physician and/or a psychiatrist that the involved staff member's physical or mental health would be impaired by subsequent court appearances. In an effort to support the assaulted employee's safe return to work, the Board will pursue strategies to minimize contact between the assaulted employee and the assaulting party in accordance with law.
6.9.3 A certificate from a licensed physician stating the nature of the disability and its duration from a licensed physician shall be required before assault leave can be approved for payment.
6.9.4 If requested by the Director . Falsification of Human Resources and if the assault leave will extend beyond forty-five (45) working dayseither a written, the Director signed statement or a physician’s certificate shall be grounds for suspension or termination of Human Resources may ask the employee to furnish a certificate from the original licensed physician stating the nature of the disability and its durationemployment. The Director of Human Resources may request a second opinion(s), at Board expense, following each time the employee furnishes the certificate from a licensed physician stating the nature of the disability and its duration. The Board, at its expense, shall consult an occupational health service to select an appropriate physician to provide a second opinion. If there is a disagreement between the original physician and Board physician, the two physicians will be asked to select a third physician, at Board expense, to provide a final decision.
6.9.5 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 of Education pursuant to Section 3319.08 of the Ohio Revised Code.
1. LikewiseAn 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 employee shall have an employee 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 subpoenaed needed. The bargaining unit member does not need to wait until the end of the day to get medical attention. Coverage should be readily 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 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 court appearances related 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 leave provision that he/she will not be charged for any necessary days shall be grantedor time missed.
7. HoweverThe 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, any remuneration received contact your union representative. When a student returns to school following an expulsion for serving assaulting an Educational Assistant, upon request of the court Educational Assistant who was assaulted, the student will be disbursed 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 Board of Education by the employee, exclusive of parking fees, mileage, and meal expensesSuperintendent.
6.9.6 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 an employee as a result of employment of the Board of Education bargaining unit member causing injury for which Worker's Compensation or disability worker’s compensation under the State Teachers Retirement System is paid, the Board will pay the difference between monthly premiums on the Worker's Compensation or disability payment adopted medical plan and the employee's daily rate, term life insurance for a period not to exceed one two (12) yearyears. In additionIt 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 be determined solely by the Board will pay and upon the monthly premium on the medical plan, major medical, and group life insurance pursuant to law.
6.9.7 Falsification of either a signed statement or a physician's certificate is grounds for suspension or termination of employment under Section 3319.16 recommendation of the Ohio Revised CodeSuperintendent. Where the assaulted employee becomes eligible for benefits under the State Employees Retirement System because of age, or where the employee's employment by this district ceases, this leave provision shall no longer apply.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Assault Leave. An employee who is physically required to be absent due to a physical disability resulting from a physical assault and/or psychologically assaulted as a result of employment mediating a dispute which occurs: In the course of Board employment; while on school grounds; during school hours; or where required to be in attendance at school-sponsored functions, that employee shall be provided eligible to receive fifteen (15) days assault leave and sign as explained below. Physical disability for the purpose of this section is defined as a written release to permit temporary condition of incapacity resulting from the Director of Human Resources to consult with a physician on the sole issue of the physician's professional opinion regarding the need for assault leavephysical action against an employee by another person or persons. The initial authorization of If assault leave shall be for up to forty-five (45) working days.
6.9.1 is granted, the Board will maintain the employee on full pay status during the period of such absence under the provisions of this section. The employee who has been assaulted must furnish a written, signed statement on forms provided by the Board of Education to justify the use of assault leave and sign a written release to permit the Director of Human Resources to consult with a physician on the sole issue of the physician’s professional opinion regarding the need for assault leave. The initial authorization of assault leave shall be for up to forty-five (45) working days.
6.9.2 The employee who has been assaulted must file an assault complaint with appropriate officialsIf medical attention is required, including a police report, in the appropriate jurisdiction unless evidence is presented by a physician and/or a psychiatrist that the involved staff member's physical or mental health would be impaired by subsequent court appearances. In an effort to support the assaulted employee's safe return to work, the Board will pursue strategies to minimize contact between the assaulted employee and the assaulting party in accordance with law.
6.9.3 A certificate from a licensed physician stating the nature of the disability and its duration from a licensed physician shall be required before assault leave can be approved for payment.
6.9.4 If requested by the Director . Falsification of Human Resources and if the assault leave will extend beyond forty-five (45) working days, the Director either a written signed statement or physician’s certificate shall be grounds for suspension or termination of Human Resources may ask the employee to furnish a certificate from the original licensed physician stating the nature of the disability and its durationemployment. The Director of Human Resources may request a second opinion(s), at Board expense, following each time the employee furnishes the certificate from a licensed physician stating the nature of the disability and its duration. The Board, at its expense, shall consult an occupational health service to select an appropriate physician to provide a second opinion. If there is a disagreement between the original physician and Board physician, the two physicians will be asked to select a third physician, at Board expense, to provide a final decision.
6.9.5 Assault leave granted under these regulations shall not be charged under sick leave earned or earnable under Section 3319.141 or any other applicable section of the Ohio Revised Code or leave granted under regulations adopted by the Board of Education pursuant to Section 3319.08 of the Ohio Revised Code. LikewiseProcedures to be followed in case of assault:
1. An incident report (available from the principal, health aide, and the business office) must be filled out. If the employee so requests, the employee shall have an opportunity to consult with representation of the employee’s choice prior to filing the report.
2. The bargaining unit member must notify a building administrator or other appropriate supervisor if an employee medical attention is subpoenaed to make court appearances related to the assault, assault leave days shall be grantedneeded. However, any remuneration received for serving the court Coverage will be disbursed provided to enable the Board of Education by the employee, exclusive of parking fees, mileage, and meal expensesbargaining unit member to receive immediate medical attention.
6.9.6 In 3. Bargaining unit members will be provided with notice of the case location of an assault the Board’s designated health care facility on an employee as a result of employment of the Board of Education for which Worker's Compensation or disability compensation under the State Teachers Retirement System annual basis. If another facility is paidutilized, the Board will pay bargaining unit member must be seen by a doctor at the difference between the Worker's Compensation or disability payment and the employee's daily rate, for a period not to exceed one (1) year. In addition, the Board will pay the monthly premium on the medical plan, major medical, and group life insurance pursuant to law.
6.9.7 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 Ohio Revised Code.designated health care facility within twenty-four
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Assault Leave. 3.9.22.1 An employee who is physically and/or psychologically assaulted as a result of employment shall be provided assault leave and sign a written release to permit the Director of Human Resources to consult with a physician on the sole issue of the physician's professional opinion regarding the need for assault leave. The initial authorization of assault leave shall be for up to forty-five (45) working days.
6.9.1 3.9.22.2 The employee who has been assaulted must furnish a written, signed statement on forms provided by the Board to justify the use of assault leave and sign a written release to permit the Director of Human Resources to consult with a physician on the sole issue of the physician’s professional opinion regarding the need for assault leave. The initial authorization of assault leave shall be for up to forty-five (45) working days.
6.9.2 3.9.22.3 The employee who has been assaulted must file an assault complaint with appropriate officials, including a police report, in the appropriate jurisdiction unless evidence is presented by a physician and/or a psychiatrist that the involved staff member's physical or mental health would be impaired by subsequent court appearances. In an effort to support the assaulted employee's safe return to work, the Board will pursue strategies to minimize contact between the assaulted employee and the assaulting party in accordance with law.
6.9.3 3.9.22.4 A certificate from a licensed physician stating the nature of the disability and its duration from a licensed physician shall be required before assault leave can be approved for payment.
6.9.4 3.9.22.5 If requested by the Director of Human Resources and if the assault leave will extend beyond forty-five (45) working days, the Director of Human Resources may ask the employee to furnish a certificate from the original licensed physician stating the nature of the disability and its duration. The Director of Human Resources may request a second opinion(s), at Board expense, following each time the employee furnishes the certificate from a licensed physician stating the nature of the disability and its duration. The Board, at its expense, shall consult an occupational health service to select an appropriate physician to provide a second opinion. If there is a disagreement between the original physician and Board physician, the two physicians will be asked to select a third physician, at Board expense, to provide a final decision.
6.9.5 . 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 of Education pursuant to Section 3319.08 of the Ohio Revised Code. Likewise, if an employee is subpoenaed to make court appearances related to the assault, assault leave days shall be granted. However, any remuneration received for serving the court will be disbursed to the Board of Education by the employee, exclusive of parking fees, mileage, and meal expenses.
6.9.6 3.9.22.6 In the case of an assault on an employee as a result of employment of the Board of Education for which Worker's Compensation or disability compensation under the State Teachers Retirement System is paid, the Board will pay the difference between the Worker's Compensation or disability payment and the employee's daily rate, for a period not to exceed one (1) year. In addition, the Board will pay the monthly premium on the medical plan, major medical, and group life insurance pursuant to law.
6.9.7 3.9.22.7 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 Ohio Revised Code.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Assault Leave. (A) An employee who is physically and/or psychologically assaulted as unable to work because of a result physical disability resulting from an assault received in the course of employment employment, or in the discharge of other officially assigned duties of the District shall be provided maintained in full pay status, on assault leave, for the period of time set forth in Paragraph D herein. Assault leave and sign granted under these conditions shall not be charged against sick leave earned or unearned.
(B) An employee must seek medical attention as soon as reasonably possible from the time he/she has knowledge of an injury, must immediately report the assault to a written release to permit supervisor or the Director of Human Resources Transportation and must complete an incident report form and an assault leave form in order to consult with a physician on the sole issue be eligible for this benefit. The District may make reasonable modifications of the physician's professional opinion regarding incident forms and the need for assault leaveleave forms from time to time. The initial authorization Union will receive a copy of assault leave shall be for up to forty-five (45) working days.
6.9.1 any modified forms. The employee who has been assaulted must shall furnish a written, signed statement on forms provided by the Board to justify the use of assault leave and sign a written release to permit the Director of Human Resources to consult with a physician on the sole issue of the physician’s professional opinion regarding the need for assault leave. The initial authorization of assault leave shall be for up to forty-five (45) working days.
6.9.2 The employee who has been assaulted must file an assault complaint with appropriate officials, including a police report, in the appropriate jurisdiction unless evidence is presented by a physician and/or a psychiatrist that the involved staff member's physical or mental health would be impaired by subsequent court appearances. In an effort to support the assaulted employee's safe return to work, the Board will pursue strategies to minimize contact between the assaulted employee and the assaulting party in accordance with law.
6.9.3 A certificate from a licensed physician stating the nature of the disability and its anticipated duration from a licensed physician shall be required before and should accompany an assault leave can be approved for payment.
6.9.4 If requested form furnished by the Director of Human Resources and if the District. Any assault leave will extend beyond forty-extending five (455) working days, the Director of Human Resources may ask the employee to furnish a certificate from the original licensed physician stating the nature of the disability and its duration. The Director of Human Resources may request a second opinion(s), at Board expense, following each time the employee furnishes the certificate from a licensed physician stating the nature of the disability and its duration. The Board, at its expense, shall consult an occupational health service to select an appropriate physician to provide a second opinion. If there is a disagreement between the original physician and Board physician, the two physicians will be asked to select a third physician, at Board expense, to provide a final decision.
6.9.5 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 of Education pursuant to Section 3319.08 of the Ohio Revised Code. Likewise, if an employee is subpoenaed to make court appearances related to the assault, assault leave days shall be grantedsubject to review by a District-appointed physician, including a physical examination at the physician's discretion to justify the use of assault leave. However, any remuneration received for serving the court will be disbursed to the Board of Education by the employee, exclusive of parking fees, mileage, and meal expenses.
6.9.6 In the case of an assault on an employee as a result of employment of the Board of Education for which Worker's Compensation or disability compensation under the State Teachers Retirement System is paid, the Board will pay the difference between the Worker's Compensation or disability payment and the employee's daily rate, for a period not to exceed one (1) year. In addition, the Board will pay the monthly premium on the medical plan, major medical, and group life insurance pursuant to law.
6.9.7 Falsification of either a signed statement or a physician's certificate is will be grounds for suspension or termination of employment under Section 3319.16 employment.
(C) Any employee who wishes consideration for restoration of full pay and sick leave status may submit this request to the District. In the event that the request is rejected, the employee may file an appeal through the dispute resolution procedure. If an employee's absence resulting from assault is covered by workers' compensation, the District shall provide the additional compensation that will provide the employee with the same pay rate received at the time of the Ohio Revised Codeassault for up to six (6) months from the date of the commencement of the assault leave or the duration of the school year, whichever is longer. If the payment from the District reduces workers' compensation payments, the District will make the employee whole for his/her full pay.
(D) An employee shall be granted an assault leave of up to six (6) months or the duration of the school year, whichever is longer. Provided, however, that an employee who is granted an assault leave shall have his/her health insurance benefits continued for up to two (2) years (under the same terms as if the employee was in pay status) to the extent that the employee is physically unable to return to work during that time and otherwise meets the requirements set forth in paragraph B of this Section.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Assault Leave. An 1. The Board will provide up to a maximum of thirty (30) working days Assault Leave, wherein an employee who is physically and/or psychologically assaulted as absent due to physical disability resulting from a result physical assault by a person(s) that occurs in the course of any employee's Board employment, and will maintain the employee on full pay status during the period of such absence under the following provisions:
a. The incident, resulting in the absence of the employee, must have occurred during the course of employment shall be provided assault leave and sign a written release to permit with the Director of Human Resources to consult with a physician on the sole issue of the physician's professional opinion regarding the need for assault leave. The initial authorization of assault leave shall be for up to forty-five (45) working days.Board;
6.9.1 b. The employee who has been assaulted must furnish a written, signed statement on forms a form provided by the Board to request and justify the use of assault leave Assault Leave. This form is different from and sign a written release additional to permit the Director of Human Resources District’s Incident Report Form, which needs to consult with a physician on be filed immediately following the sole issue incident (i.e., before the end of the physician’s professional opinion regarding workday, unless the employee is prevented from doing so by the need to obtain medical treatment). Said statement shall completely describe the circumstances and behavior of all pertinent parties. The statement must be filed with the Superintendent within five (5) working days of the alleged assault unless the employee is incapacitated – then as soon as possible. The Superintendent/designee is responsible for designating an employee’s absences to be Assault Leave;
c. In order to qualify for assault leave. The initial authorization of assault leave shall be for up to forty-five (45) working days.
6.9.2 The employee who has been assaulted must file an assault complaint with appropriate officials, including a police report, in the appropriate jurisdiction unless evidence is presented by a physician and/or a psychiatrist that the involved staff member's physical or mental health would be impaired by subsequent court appearances. In an effort to support the assaulted employee's safe return to work, the Board will pursue strategies to minimize contact between employee must seek medical attention within twenty-fours of the assaulted employee incident and the assaulting party in accordance with law.
6.9.3 A furnish a certificate from a licensed physician stating the nature of the disability and its estimated duration from a licensed physician shall be required before assault leave Assault Leave can be approved for payment. The Board may require a second medical opinion to substantiate the employee's physical inability to work;
d. An employee receiving Assault Leave must agree to give written and/or verbal testimony to assist the Board and the administration as necessary to ensure appropriate disciplinary action is taken against the attacker, and is also encouraged to file charges with the appropriate authorities. If court action results, said employee shall be granted leave of his/her professional duties, and no deductions will be made from his/her sick leave.
6.9.4 If requested by the Director e. Payment of Human Resources and if the assault leave will extend beyond forty-five (45) working days, the Director of Human Resources may ask the employee to furnish a certificate from the original licensed physician stating the nature of the disability and its duration. The Director of Human Resources may request a second opinion(s), at Board expense, following each time the employee furnishes the certificate from a licensed physician stating the nature of the disability and its duration. The Board, at its expense, shall consult an occupational health service to select an appropriate physician to provide a second opinion. If there is a disagreement between the original physician and Board physician, the two physicians will be asked to select a third physician, at Board expense, to provide a final decision.
6.9.5 Assault leave granted under these regulations Leave shall not be charged under sick leave earned or earnable under Section 3319.141 made until all paperwork required and requested has been submitted;
f. Employees shall not accrue Assault Leave from year to year;
g. Payment for Assault Leave shall be at the assaulted employee's rate of pay in effect at the time of the Ohio Revised Code or leave granted under regulations adopted by the Board of Education pursuant to Section 3319.08 of the Ohio Revised Code. Likewise, if an employee is subpoenaed to make court appearances related to the assault, assault leave days shall be granted. However, any remuneration received for serving the court will be disbursed to the Board of Education by and based upon the employee’s regularly assigned hours (i.e., exclusive of parking feesit does not include any special or overtime assignments, mileage, and meal expenses.including bus drivers’ field trips);
6.9.6 In the case of an assault on an employee as a result of employment of the Board of Education for which Worker's Compensation or disability compensation under the State Teachers Retirement System is paid, the Board will pay the difference between the Worker's Compensation or disability payment and the employee's daily rate, for a period not to exceed one (1) year. In addition, the Board will pay the monthly premium on the medical plan, major medical, and group life insurance pursuant to law.
6.9.7 h. Falsification of either a signed statement or a physician's certificate fraud for securing Assault Leave is grounds for suspension or termination of employment termination.
2. Assault Leave granted under these regulations should not be charged under Sick Leave earned or earnable under O.R.C. Section 3319.16 of the Ohio Revised Code3319.
Appears in 1 contract
Samples: Master Agreement
Assault Leave. An employee who is physically and/or psychologically assaulted as a result of employment shall be provided assault leave and sign a written release to permit the Director of Human Resources to consult with a physician on the sole issue of the physician's professional opinion regarding the need for assault leave1. The initial authorization of assault leave shall be for up to forty-five (45) working days.
6.9.1 The employee who has been assaulted must furnish a written, signed statement on forms provided by the Board to justify the use of assault leave and sign a written release to permit the Director of Human Resources to consult with a physician on the sole issue of the physician’s professional opinion regarding the need for assault leave. The initial authorization of assault leave shall be for up to forty-five (45) working days.
6.9.2 The employee who has been assaulted must file an assault complaint with appropriate officials, including a police reportIf, in the appropriate jurisdiction unless evidence course of employment, an employee is presented assaulted and the assault results in physical and/or serious psychological injury or disability to the employee severe enough to preclude the satisfactory performance of regular duties, the employee shall, upon request, be granted a paid leave of absence for the period of incapacitation, not to exceed twenty (20) work days. Assault shall be defined as injury or disability inflicted upon an employee with or without a weapon. To be entitled to Assault Leave pay, the employee must file charges against the person(s) perpetrating the assault and assist with the prosecution and/or discipline of the individual. This requirement can be waived at the discretion of the Superintendent in special circumstances only, such as where an assault is perpetrated by a physician and/or special needs student and mitigating factors exist. If the person cannot be identified, a psychiatrist that the involved staff member's physical or mental health would police report must still be impaired by subsequent court appearances. In an effort to support the assaulted employee's safe return to work, the Board will pursue strategies to minimize contact between the assaulted employee and the assaulting party in accordance with lawfiled.
6.9.3 A certificate 2. An employee shall not qualify for Assault Leave except upon submission of a report justifying Assault Leave, which report shall include a medical report from a licensed physician stating the nature of the physical disability and its duration from a licensed physician shall be required before assault leave can be approved for payment.
6.9.4 If requested by the Director of Human Resources and if the assault leave will extend beyond forty-five (45) working days, the Director of Human Resources may ask the employee to furnish a certificate from the original licensed physician stating the nature of the disability and its expected duration. The Director of Human Resources may request physician's diagnosis is subject to review by the Board, which reserves the right to a second opinion(s), medical opinion from the Board's physician at Board the Board's expense, following each .
3. Payment of Assault Leave shall be at the regular rate of pay in effect for such employee at the time the employee furnishes the certificate from a licensed physician stating the nature of the disability and its duration. The Board, at its expense, shall consult an occupational health service to select an appropriate physician to provide a second opinionsuch assault. If there is a disagreement between the original physician and Board physician, the two physicians will be asked to select a third physician, at Board expense, to provide a final decision.
6.9.5 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 of Education pursuant to Section 3319.08 of the Ohio Revised Code. Likewise, if an employee is subpoenaed to make court appearances related to the assault, assault leave days shall be granted. However, any remuneration received for serving the court will be disbursed to the Board of Education by the employee, exclusive of parking fees, mileage, and meal expenses.
6.9.6 In the case of an 's absence resulting from assault on an employee as a result of employment of the Board of Education for which Worker's Compensation or disability compensation under the State Teachers Retirement System is paidcovered by Workers' Compensation, the Board shall provide the additional compensation that will pay provide the difference between employee with the Worker's same income he/she was receiving at the time of his/her assault. In the event a delayed award of Workers' Compensation results in a total combined payment to the employee in an amount equal to or disability payment and more than the employee's daily normal per diem rate, for a period not the excess payment will be returned to exceed one (1) year. In addition, the Board will pay the monthly premium on the medical plan, major medical, and group life insurance pursuant to lawBoard.
6.9.7 Falsification of either a signed statement or a physician's certificate is grounds for suspension or termination of employment under Section 3319.16 4. An employee who has been physically assaulted in connection with the performance of the Ohio Revised Coderegular assignment shall notify the Building Principal or immediate supervisor. The employee shall have the 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 or the employee’s representative.
5. The immediate supervisor or designated representative shall attempt to obtain a list of witnesses to said assault. The immediate supervisor or designated representative shall then attempt to obtain a written statement of the observations of each witness.
6. If court action results, said employee shall be granted leave of his/her professional duties with no loss of pay for necessary time in court.
7. Additional days may be granted at the discretion of the Superintendent.
Appears in 1 contract
Samples: Collective Bargaining Agreement
