Common use of Assault Leave Clause in Contracts

Assault Leave. The Board of Education shall grant leave to an employee who is absent due to physical disability resulting from an assault which occurs in the course of Board employment. 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 can be approved for payment. 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 employee's return to duty. Such leave shall automatically terminate at the expiration of termination of an employee's contract, resignation of said employee, or declaration of eligibility for disability retirement benefits. Assault leave granted under the rules adopted by the Board of Education shall not be charged against sick leave or Personal Responsibility Leave. Such leave 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 the provisions of this leave 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 same position as was held at the time of the 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. If such return does not occur during the same school year, the teacher shall be returned to the same position or another position consistent with certification and performance ability.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Assault Leave. The Board of Education shall grant 1. A teacher may be granted assault leave to an employee who in the event that said teacher is absent due to physical disability resulting from an assault which by a student or his/her parent that occurs in the course of Board employment. The employee In no event 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 can be approved for paymentextend beyond five (5) consecutive working days. Such Assault 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 employee's 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 duty. Such leave shall automatically terminate at work. b. Prior to the teacher’s return to work or the expiration of termination 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 employee's contractassault, resignation of said employee, or declaration of eligibility he/she shall apply for disability retirement. If disability retirement benefitsis granted, assault leave benefits shall end on the effective date of his/her retirement. 3. Assault leave granted under the rules adopted this policy by the Board of Education Superintendent shall not be charged against sick leave earned or Personal Responsibility Leaveleave granted under other leave policies adopted by the Board of Education. Such leave shallWith respect to granting assault leave, 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 the provisions of this leave 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 same position as was held at the time decision of the incident, if such return occurs in the same school year in which the assault took place and upon determination that the teacher Superintendent is able to perform the duties of the assignment. If such return does not occur during the same school year, the teacher shall be returned to the same position or another position consistent with certification and performance abilityfinal.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Assault Leave. 1. 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 subject to the approval of Education shall grant leave to the Superintendent or designee in the event that an employee who is absent due to physical and/or emotional disability resulting from an assault which occurs in the course of Board employment. 3. The employee shall submit on prescribed Board of Education forms justification A request for such leave. These signed forms assault leave shall be submitted within two (2) working days in writing, setting forth the circumstances of said alleged incidentthe assault, 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 disability, and its anticipated duration 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 required before assault leave can be approved for payment. Such leave will be granted only if the stipulations of this policy have been met. Leave which results deemed to prevent an employee from a disability occurring from an assault shall terminate upon the employee's return to duty. Such leave shall automatically terminate at the expiration of termination of an employee's contract, resignation of said employee, or declaration of eligibility for disability retirement benefitsfiling charges. 4. Assault leave granted under the rules adopted by the Board of Education this policy shall not be charged against sick leave or Personal Responsibility Leave. Such leave shall, if required, include time for court appearances, legal consultations, or meetings with law enforcement officials concerning granted under other leave policies adopted by the alleged assaults. Earnings paid to an employee under the provisions of this leave shall be the difference between the employee's regular compensation and the remuneration, if any, received by said employee from Workmen's CompensationBoard. 5. A teacher returning to duty following person on assault leave shall be returned receive full pay and benefits during the period of the assault leave. Such payments shall terminate upon medical determination of fitness to resume duties. 6. To qualify for assault leave, in addition to the same position as was held at items set forth above, the time employee must file a 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 incident, if such return occurs Treasurer upon receipt. 7. Nothing in this policy prohibits the same school year in which staff member from electing to use sick leave for the disability period or upon completion of the assault took place and upon determination leave if the disability is not corrected at that the teacher time but is able considered to perform the duties be of the assignmenta temporary nature. 8. If such return does not occur during 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 same school year, the teacher shall be returned to the same position or another position consistent with certification and performance abilityeffective date of his/her retirement.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Negotiated Agreement, Negotiated Agreement

Assault Leave. A. The Board of Education shall grant assault leave to an employee who is 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 which occurs while engaged in/related to school activities or business, while on school premises at any time, and/or at a scheduled school activity or on school business, regardless of location, will be paid his/her 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 the course of Board employmentinjury to a teacher. 3. The employee teacher shall submit on prescribed Board furnish to the Superintendent a written, signed statement describing the circumstances and events surrounding the assault, including the location, date and time of Education forms justification for such leave. These signed forms shall be submitted within two (2) working days the assault, plus names and addresses of said alleged incidentwitnesses, or if the employee is physically unable, as soon thereafter as possibleknown. 4. If medical attention is required, or if the bargaining unit member is absent from work for more than five (5) days as a certificate result of the assault, the teacher shall also furnish a written, signed statement from a licensed physician stating the medical doctor as to the nature and duration of the disability disability. 5. Upon receiving the statements referred to in paragraphs (3) and its anticipated duration (4) above, the Superintendent shall be required before review the statements and conduct any further investigation deemed advisable prior to granting the assault leave can be approved for payment. 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 employee's return to duty. Such leave shall automatically terminate at the expiration of termination of an employee's contract, resignation of said employee, or declaration of eligibility for disability retirement benefitsleave. 6. Assault leave granted under the rules adopted by the Board of Education shall not be charged against sick leave earned or Personal Responsibility Leaveearnable by the teacher. 7. Such leave 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 the provisions of this Assault leave shall not be granted in cases of physical disability resulting from the difference between the assault of one school employee by another employee's regular compensation and the remuneration, if any, received by said employee from Workmen's Compensation. 8. A teacher returning to duty following prerequisite for qualifying for assault leave shall be returned 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 Workers' Compensation benefits, the Board shall maintain the teacher on full pay status with the understanding that delayed Workers' Compensation benefits will be signed over to the same position Board when received by the teacher. 9. Assault leave as was held provided herein shall terminate at such time as Workers' Compensation benefits are terminated and the time of bargaining unit member is released from the incident, if such attending physician to 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. If such return does not occur during the same school year, the teacher shall be returned to the same position or another position consistent with certification and performance abilitywork.

Appears in 2 contracts

Samples: Negotiated Agreement, Negotiated Agreement

Assault Leave. The Assault 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. To be eligible for assault leave, a teacher must file criminal charges with the proper authorities. All such leave will be 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 Education shall grant leave to an employee who is absent due to physical disability resulting from an assault which occurs in the course of Board employment. The employee shall submit on prescribed Board of Education forms justification for such leave. These signed forms shall be submitted within two twenty (220) working days of said alleged incident, or if the employee is physically unable, as soon thereafter as possible. If medical attention is required, per school year. C. The teacher shall be required to provide a certificate from a licensed physician stating physician’s statement describing the nature of the physical disability and its anticipated duration 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 of twenty (20) working days, the teacher is still unable to perform his/her contractual duties, he/she shall be required before assault eligible for a leave can be approved for paymentof absence. Such leave will 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 assault. Should it become necessary for the employee to be absent from work as a result of the filing of a charge and the prosecution of the assailant, the employee shall be granted only if leave with pay for such purposes. These days shall be in addition to the stipulations of this policy have been met. Leave which results from a disability occurring from an twenty (20) assault shall terminate upon the employee's return to duty. Such leave shall automatically terminate at the expiration of termination of an employee's contract, resignation of said employee, or declaration of eligibility for disability retirement benefits. Assault leave granted under the rules adopted by the Board of Education days and shall not be charged against the employee’s sick and/or personal leave or Personal Responsibility Leave. Such accumulation. H. Upon the request of the teacher, any student who physically assaults a teacher who qualifies for assault leave 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 the provisions of this leave Article shall be removed from the difference between teacher’s classroom and reassigned for 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 same position as was held at the time remainder of the incident, school year if such return occurs another placement is possible in the same school year building. Any proposed change in which placement under this provision must be reviewed by the assault took place evaluation team and upon determination that the teacher is able approved prior to perform the duties of the assignmentits implementation. If such return does not occur during the same school yearFor 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 shall be returned to will serve as the same position or another position consistent with certification and performance abilityevaluation team.

Appears in 2 contracts

Samples: Master Contract, Master Contract

Assault Leave. The Board of Education shall grant leave to an employee who is absent due to physical disability resulting from In the event that an assault which occurs in of a unit member takes place during the course of Board 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 employee administrator shall submit on prescribed Board file a written notification to the District Superintendent within one (1) working day of Education forms justification the alleged assault whenever possible. 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 such leavebetween one (1) and seven (7) days of Assault Leave. These signed forms The application shall be submitted within two (2) working days to the Director of said alleged incidentHuman Resources, or if for consideration by the employee Trustees for the Assault Leave benefit. During the time that the application is physically unablebeing considered, as soon thereafter as possiblethe 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 attention is requiredinjury 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, a certificate from a licensed physician stating two shall be designated by the Faculty Association President. The Trustees shall consider the nature of the disability 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 anticipated duration 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 required before assault leave can be approved for paymentfinal and conclusive, and not subject to the grievance procedure. 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 employee's return to duty. Such leave shall automatically terminate at the expiration of termination of an employee's contract, resignation of said employee, or declaration of eligibility for disability retirement benefits. Assault leave granted under the rules adopted by the Board of Education shall not be charged against sick leave or Personal Responsibility Leave. Such leave 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 the provisions of this leave It shall be the difference between responsibility of the employee's regular compensation unit member to assist and cooperate with the BOCES Board, Administration, and other authorities in the event that the BOCES or law enforcement authorities decide to prosecute any charges against such student in the appropriate court or administrative agency. In such case, the unit member may be represented by an attorney for the District and/or his/her own attorney. In addition, the unit member may elect to take independent action as a result of the assault, in which case, it shall be at the unit member’s own expense, with counsel of the unit member’s choice. If the unit member is represented by an attorney for the 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 remuneration, if any, received by said employee from Workmen's Compensation. A teacher returning to duty following assault leave shall be returned to the same position as was held at the time unit member of the incidentpostponement, 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 also responsible for notifying all parties of the assignment. If such return does not occur during the same school year, the teacher shall be returned to the same position or another position consistent with certification and performance abilityadjournment date.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Assault Leave. Section 38.1 The Board of Education shall grant leave to an employee who is absent due to physical disability resulting from an assault which occurs in the course of Board employment. The employee shall submit on prescribed Board of Education forms 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 can be approved for payment. Such leave will . Section 38.2 To be eligible for assault leave, the certified employee shall apply for and be granted only if the stipulations of this policy have been metWorker’s Compensation. Leave which results from a disability occurring from an assault shall terminate upon the employee's return to duty. Such leave shall automatically terminate at the expiration of termination of an employee's contractIf Workers’ Compensation benefits are paid, resignation of said employee, or declaration of eligibility for disability retirement benefits. Assault leave granted under the rules adopted by the Board of Education shall not be charged against sick leave or Personal Responsibility Leave. Such leave shall, if required, include time for court appearances, legal consultations, or meetings with law enforcement officials concerning the alleged assaults. Earnings paid pay to an such employee under the provisions of this leave shall be the difference between the employee's regular compensation benefits received from Workers’ Compensation and the remunerationemployee’s regular salary. For those days that compensation is made to the injured employee by the Bureau of Workers’ Compensation, if any, received by said there shall be no deduction from the accumulated sick leave of the employee. Section 38.3 Any sick leave days deducted during the period the injured employee from Workmen's Compensation. was awaiting eligibility for Workers’ Compensation shall be reinstated upon granting of the benefits. Section 38.4 An 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 returned to the same position as was held at the time of the incident, incident if such the 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. If such return does not occur during the same school year, the teacher shall be returned to the same position or another position consistent with certification and performance ability.which

Appears in 1 contract

Samples: Master Contract

Assault Leave. The Board of Education shall grant A bargaining unit member may be granted assault leave to an in the event that said employee who is absent due to physical disability resulting from an assault by a student which occurs in the course of Board employment. The employee In no event 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 can be approved for paymentextend beyond twenty (20) consecutive working days, unless by Board approval. Such Assault 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 employee's Bargaining Unit member meeting the following conditions: 1. 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 Bargaining Unit members disability and expected return to dutywork. 2. Such leave shall automatically terminate at Prior to the bargaining unit member return to work or the expiration of termination the assault leave the Board may have the bargaining unit member examined by a doctor of the Board choosing to decide the Bargaining Unit members' fitness to return to work. 3. The 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. To qualify for assault leave, in addition to the items set forth above, the employee must file a claim with the Bureau of Worker's Compensation. All medical payments shall be applied for through the insurance carrier of the Board and if not payable then through Worker's Compensation. If the Worker's Compensation benefits are granted, the amount of these benefits shall be subtracted away from the assault leave benefits (per diem rate of pay) paid by the Board of Education. If an employee's contractemployee becomes permanently disabled due to an assault, resignation of said employee, or declaration of eligibility he/she shall apply for disability retirement. If disability retirement benefitsis granted, assault leave benefits shall end on the effective date of his/her retirement. Assault leave granted under the rules adopted this policy by the Board of Education superintendent shall not be charged against sick leave or Personal Responsibility Leave. Such leave shall, if required, include time for court appearances, legal consultationsearned, or meetings with law enforcement officials concerning leave granted under other leave policies adopted by the alleged assaults. Earnings paid to an employee under the provisions Board of this leave 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 same position as was held at the time of the 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. If such return does not occur during the same school year, the teacher shall be returned to the same position or another position consistent with certification and performance abilityEducation.

Appears in 1 contract

Samples: Negotiated Agreement

Assault Leave. The Board of Education shall grant leave to an A. An employee who is absent due to physical disability resulting from an 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 his/her 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 submit on prescribed Board not suffer the loss of Education forms justification for such salary, sick leave, or any other emoluments. These signed forms Assault leave shall be submitted within two limited to a maximum of twelve (212) working days months duration from the date upon which the assault occurred. B. In the case of said alleged incidentinjury or visible disfigurement which causes embarrassment to the employee, or if assault leave shall be limited to five (5) work days. If the leave exceeds five (5) work days, the Board may require a certificate from a licensed physician. C. The employee is physically unableshall not qualify for assault leave except upon submission of an application, as soon thereafter as possiblejustifying the granting of assault leave. If medical attention is required, the employee shall furnish a certificate from a licensed the attending physician stating the nature of the disability and its anticipated duration 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 required before assault leave can be approved at the regular rate of pay in effect for payment. Such leave will be granted only if such employee at the stipulations time of such assault, less any compensation to which the employee is entitled under the Workers’ Compensation Act of Ohio. X. Xx employee who has been physically assaulted in connection with the performance of a work assignment of this policy have been met. Leave which results from a disability occurring from an assault shall terminate upon the employee's return to duty. Such leave shall automatically terminate at the expiration of termination of an employee's contract, resignation of said employee, or declaration of eligibility for disability retirement benefits. Assault leave granted under the rules adopted by the Board of Education shall not notify the immediate supervisor or other administrator. The employee shall be charged against sick leave or Personal Responsibility Leaveapprised of his/her right to confer with a representative of the employee’s choice prior to the submission of any report. Such leave shallThe employee shall file a written report, if required, include time for court appearances, legal consultations, or meetings with law enforcement officials concerning and the alleged assaults. Earnings paid to an report shall be signed by the employee under the provisions of this and/or his/her representative. X. Xxxxxxx leave shall be cease with the difference between date of expiration of the employee's regular compensation and ’s last limited contract or the remuneration, if any, received by said employee from Workmen's Compensation. A teacher returning to duty following assault leave shall be returned to effective date of termination in the same position as was held at the time event of non-renewal or termination of the 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. If such return does not occur during the same school year, the teacher shall be returned to the same position or another position consistent with certification and performance abilityemployee’s contract for any other reason.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Assault Leave. The Assault 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. To be eligible for assault leave, a teacher must file criminal charges with the proper authorities. All such leave will be subject to the following provisions: X. Xxxxxxx leave under this provision shall not be charged to sick leave. X. Xxxx paid leave will be limited to a maximum of Education shall grant leave to an employee who is absent due to physical disability resulting from an assault which occurs in the course of Board employment. The employee shall submit on prescribed Board of Education forms justification for such leave. These signed forms shall be submitted within two twenty (220) working days of said alleged incident, or if the employee is physically unable, as soon thereafter as possible. If medical attention is required, per school year. C. The teacher shall be required to provide a certificate from a licensed physician stating physician’s statement describing the nature of the physical disability and its anticipated duration 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. X. Xx, upon the exhaustion of both sick leave and paid assault leave of twenty (20) working days, the teacher is still unable to perform his/her contractual duties, he/she shall be required before assault eligible for a leave can be approved for paymentof absence. Such leave will 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. X. 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 assault. Should it become necessary for the employee to be absent from work as a result of the filing of a charge and the prosecution of the assailant, the employee shall be granted only if leave with pay for such purposes. These days shall be in addition to the stipulations of this policy have been met. Leave which results from a disability occurring from an twenty (20) assault shall terminate upon the employee's return to duty. Such leave shall automatically terminate at the expiration of termination of an employee's contract, resignation of said employee, or declaration of eligibility for disability retirement benefits. Assault leave granted under the rules adopted by the Board of Education days and shall not be charged against the employee’s sick and/or personal leave or Personal Responsibility Leave. Such accumulation. X. Upon the request of the teacher, any student who physically assaults a teacher who qualifies for assault leave 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 the provisions of this leave Article shall be removed from the difference between teacher’s classroom and reassigned for 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 same position as was held at the time remainder of the incident, school year if such return occurs another placement is possible in the same school year building. Any proposed change in which placement under this provision must be reviewed by the assault took place evaluation team and upon determination that the teacher is able approved prior to perform the duties of the assignmentits implementation. If such return does not occur during the same school yearFor 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 shall be returned to will serve as the same position or another position consistent with certification and performance abilityevaluation team.

Appears in 1 contract

Samples: Master Contract

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Assault Leave. The Board of Education shall grant leave to an A. An employee who is absent due to physical disability resulting from an 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 his/her 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 submit on prescribed Board not suffer the loss of Education forms justification for such salary, sick leave, or any other emoluments. These signed forms Assault leave shall be submitted within two limited to a maximum of twelve (212) working days months duration from the date upon which the assault occurred. B. In the case of said alleged incidentinjury or visible disfigurement which causes embarrassment to the employee, or if assault leave shall be limited to five (5) work days. If the leave exceeds five (5) work days, the Board may require a certificate from a licensed physician. C. The employee is physically unableshall not qualify for assault leave except upon submission of an application, as soon thereafter as possiblejustifying the granting of assault leave. If medical attention is required, the employee shall furnish a certificate from a licensed the attending physician stating the nature of the disability and its anticipated duration 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 required before assault leave can be approved at the regular rate of pay in effect for payment. Such leave will be granted only if such employee at the stipulations 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 policy have been met. Leave which results from a disability occurring from an assault shall terminate upon the employee's return to duty. Such leave shall automatically terminate at the expiration of termination of an employee's contract, resignation of said employee, or declaration of eligibility for disability retirement benefits. Assault leave granted under the rules adopted by the Board of Education shall not notify the immediate supervisor or other administrator. The employee shall be charged against sick leave or Personal Responsibility Leaveapprised of his/her right to confer with a representative of the employee’s choice prior to the submission of any report. Such leave shallThe employee shall file a written report, if required, include time for court appearances, legal consultations, or meetings with law enforcement officials concerning and the alleged assaults. Earnings paid to an report shall be signed by the employee under the provisions of this and/or his/her representative. F. Assault leave shall be cease with the difference between date of expiration of the employee's regular compensation and ’s last limited contract or the remuneration, if any, received by said employee from Workmen's Compensation. A teacher returning to duty following assault leave shall be returned to effective date of termination in the same position as was held at the time event of non-renewal or termination of the 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. If such return does not occur during the same school year, the teacher shall be returned to the same position or another position consistent with certification and performance abilityemployee’s contract for any other reason.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Assault Leave. The Assault 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. To be eligible for assault leave, a teacher must file criminal charges with the proper authorities. All such leave will be 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 Education shall grant leave to an employee who is absent due to physical disability resulting from an assault which occurs in the course of Board employment. The employee shall submit on prescribed Board of Education forms justification for such leave. These signed forms shall be submitted within two twenty (220) working days of said alleged incident, or if the employee is physically unable, as soon thereafter as possible. If medical attention is required, per school year. C. The teacher shall be required to provide a certificate from a licensed physician stating physician’s statement describing the nature of the physical disability and its anticipated duration 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 of twenty (20) working days, the teacher is still unable to perform his/her contractual duties, he/she shall be required before assault eligible for a leave can be approved for paymentof absence. Such leave will 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 assault. Should it become necessary for the employee to be absent from work as a result of the filing of a charge and the prosecution of the assailant, the employee shall be granted only if leave with pay for such purposes. These days shall be in addition to the stipulations of this policy have been met. Leave which results from a disability occurring from an twenty (20) assault shall terminate upon the employee's return to duty. Such leave shall automatically terminate at the expiration of termination of an employee's contract, resignation of said employee, or declaration of eligibility for disability retirement benefits. Assault leave granted under the rules adopted by the Board of Education days and shall not be charged against the employee’s sick and/or personal leave or Personal Responsibility Leave. Such accumulation. H. Upon the request of the teacher, any student who physically assaults a teacher who qualifies for assault leave 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 the provisions of this leave Article shall be removed from the difference between teacher’s classroom and reassigned for 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 same position as was held at the time remainder of the incident, school year if such return occurs another placement is possible in the same school year building. Any proposed change in which placement under this provision must be reviewed by the assault took place evaluation team and upon determination that the teacher is able approved prior to perform the duties of the assignmentits implementation. If such return does not occur during the same school yearFor 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 shall be returned to will serve as the same position or another position consistent with certification and performance abilityevaluation team.

Appears in 1 contract

Samples: Master Contract

Assault Leave. A. The Board BOE will provide up to a maximum of Education shall grant leave twenty (20) school days Assault Leave to an employee MBU who is absent due to a physical or mental disability resulting from an assault by a person(s) which occurs in the course of Board an MBU’s BOE employment. The employee shall submit MBU will be maintained on prescribed Board full-pay status during the period of Education 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 justification for such leaveprovided by the BOE to justify use of Assault Leave. These signed forms shall be submitted within two (See Appendix B). 2. Should assault leave extend beyond three (3) working days of said alleged incidentdays, or if the employee is physically unable, as soon thereafter as possible. If medical attention is required, and a certificate from a licensed physician stating the nature of the disability and its anticipated duration duration, shall be required provided before assault leave Assault Leave can be approved for payment. Such leave will . B. Falsification of either a written, signed statement or a physician’s certificate may 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 employee's return to duty. Such leave shall automatically terminate at the expiration of grounds for suspension or termination of an employee's contract, resignation of said employee, or declaration of eligibility for disability retirement benefits. employment under ORC 3319.16. C. Assault leave Leaves granted under the rules adopted by the Board of Education these regulations shall not be charged against sick leave under Sick Leave earned or Personal Responsibility Leave. Such leave shall, if required, include time for court appearances, legal consultationsearnable under ORC 3319.141, or meetings leave granted under regulations adopted by the BOE pursuant to ORC 3319.08. D. If the 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 BOE at its discretion wishes to extend such leave. E. If an MBU’s absence resulting from assault is covered by Workers’ Compensation, the BOE shall provide the additional compensation that will provide said MBU with law enforcement officials concerning the alleged assaultssame income he/she was receiving at the time of his/her assault. Earnings paid In the event a delayed award by Workers’ Compensation results in a total combined payment to the MBU which results in an employee under amount equal to or more than the provisions of this leave shall be MBU’s normal per diem rate, 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 excess payment will be returned to the same position as was held at the time of the 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 assignmentBOE. If such return does not occur during the same school year, the teacher The MBU shall be returned required to file a police report, unless the same position or another position consistent with certification parties mutually agree to waive this requirement. F. Any exception beyond the above must be recommended by the Superintendent and performance abilityapproved by the BOE.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Assault Leave. The Board of Education shall may grant assault leave to an employee who is 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 which occurs while engaged in the course of Board employment. The employee shall submit school activities, while on prescribed Board of Education forms justification for such leave. These signed forms shall be submitted within two (2) working days of said alleged incidentschool premises during school hours, or if the employee is physically unable, as soon thereafter as possible. If medical attention and/or at a scheduled school activity where attendance is required, will be paid his/her full schedule compensation for a certificate from maximum of thirty (30) work days. B. The teacher shall furnish to the Superintendent a licensed physician stating written signed statement describing the nature circumstances and events surrounding the assault, including the location, date, and time of the disability assault, plus names and its anticipated duration shall be required before assault leave can be approved for payment. Such leave will be granted only if the stipulations addresses of this policy have been met. Leave which results from a disability occurring from an assault shall terminate upon the employee's return to duty. Such leave shall automatically terminate at the expiration of termination of an employee's contract, resignation of said employee, or declaration of eligibility for disability retirement benefits. witnesses. C. Assault leave granted under the rules adopted by the Board of Education shall not be charged against sick leave earned or Personal Responsibility Leaveearnable by the teacher so long as the teacher furnishes a written signed statement from a medical doctor as to the nature of the injury sustained causing the absence. Such leave shall, if required, include time 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 court appearances, legal consultations, or meetings with law enforcement officials concerning the alleged assaults. Earnings paid to an employee under the provisions of this leave 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 qualifying for assault leave shall be returned 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 Board shall maintain the teacher on full pay status with the understanding that delayed Workers' Compensation benefits will be signed over to the same position as was held at Board when received by the time of the 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. If such return does not occur during the same school year, the teacher shall be returned to the same position or another position consistent with certification and performance abilityemployee.

Appears in 1 contract

Samples: Master Agreement

Assault Leave. The A. Notwithstanding the provision of Section 3319.141 of the Ohio Revised Code, the Board of Education shall grant assault leave to an employees absent due to disability resulting from assault under the following conditions: 1. Any employee who is must be absent from his or her duties due to physical disability resulting from an assault which occurs in the course of Board 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 forty (40) contract days falling in the same school year. Assault leave may be extended with the approval of the Superintendent. 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 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 submit on prescribed Board 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 Education forms justification for such leave. These signed forms shall be submitted within two (2) working days the assault, name and address of said alleged incidentvictims and witnesses, or if and a description of the employee is physically unable, as soon thereafter as possibleinjuries sustained by each victim of the assault. If medical attention is requiredrequired or sought, the employee shall also furnish to the Superintendent a certificate from a licensed physician stating statement of the nature of the disability and its anticipated duration shall be required before assault leave can be approved for payment. Such leave will be granted only if which has been signed by a physician licensed in the stipulations State of this policy have been met. Leave which results Ohio. D. The Board may require an examination and certificate from a disability occurring from an assault shall terminate upon the employee's return to duty. Such leave shall automatically terminate at the expiration of termination of an employee's contract, resignation of said employee, or declaration of eligibility for disability retirement benefits. Assault leave granted under the rules adopted licensed physician chosen and paid by the Board that the employee was disabled from performance of Education his/her employment and the extent and duration of such disability. 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, which is approved by the Superintendent, shall not be charged against sick leave or Personal Responsibility Leave. Such leave shallunder regulations adopted by the Board, if required, include time for court appearances, legal consultationspursuant to 3319.08 O.R.C., or meetings with law enforcement officials concerning the alleged assaults. Earnings paid any other leave to an employee under the provisions of this leave 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 same position as was held at the time of the incident, if such return occurs in the same school year in which the employee is entitled. G. The employees are encouraged to file appropriate action against the person committing the assault took place and upon determination that the teacher is able to perform the duties including criminal charges or civil action, or both, in case of the assignment. If such return does not occur during the same school year, the teacher shall be returned to the same position any assault or another position consistent with certification and performance abilityinjuries.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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