Common use of Assault Leave Clause in Contracts

Assault Leave. 1. It is recognized by the Board that in the course of performing assigned duties, acts of physical assault upon the employee may occur. It is further recognized that the Board has a responsibility to ensure that the rights of the employees are protected when such situations arise. To ensure that such employee’s rights are protected, it is necessary that the proper procedures be followed when such instances arise. Procedures to be followed: 2. An employee who has been assaulted in connection with the performance of duty shall notify his/her immediate supervisor immediately. Within twenty-four (24) hours of the incident, the employee, when physically possible, will provide his/her immediate supervisor with a written report of the incident. Such report shall be signed by the employee. 3. If an assault on an employee, which arises directly or indirectly out of his/her employment with the Board, results in the employee being unable to work, said employee shall be provided leave without loss of pay and no deduction will be made from his/her sick leave. 4. If an employee’s absence resulting from assault is covered by Workers’ Compensation or Social Security disability benefits, the Board shall provide the additional compensation that will provide said employee with the same income he/she received at the time of his/her assault. 5. An employee temporarily disabled as a result of physical assault shall be returned to the same or equivalent position as held at the time of the incident. 6. If medical attention is required, the employee must submit a statement listing the name and address of the physician, the dates of consultation, and the nature of the disability and its duration before assault leave can be approved for payment. Falsification of either a written, signed statement or a physician’s certificate shall be grounds for discipline. The Board may, at its expense, have an employee examined to determine fitness to return to work. 7. In the event that any disabling condition is anticipated to last more than twelve

Assault Leave. 1. It Assault leave shall be granted to an employee who is recognized by the Board that physically unable to work and who, therefore, is absent from his/her assigned duties because of injury resulting from a physical assault in the course of performing assigned dutiestheir employment where the employee is determined not to have provoked the incident or otherwise be at fault. The Board shall have the sole authority, acts based on the totality of the evidence, to determine whether the physical disability resulted from the physical assault upon in the course of and arising out of employment with the Board. Any leave granted shall not be charged against sick leave earned under Article X of this Agreement. If authorized by the Board, the employee may occurshall be granted the aforementioned assault leave and shall be maintained on a full pay status during such absence, up to a maximum of ten (10) working days. It is further recognized that Conditions In addition to the Board has a responsibility above paragraph, employees shall be granted assault leave according to ensure that the rights following rules: 1. The incident, resulting in the absence of the employees are protected when such situations arise. To ensure that such employee’s rights are protected, it is necessary that employee must have occurred during the proper procedures be followed when such instances arise. Procedures to be followed:course of employment with the District while on the board premises or at a board approved or sponsored activity/event. 2. An Upon notice to the principal or immediate supervisor that an assault upon an employee who has been assaulted in connection with the performance of duty shall notify his/her immediate supervisor immediately. Within twenty-four (24) hours of the incidentcommitted, any employee having information relating to such assault shall, as soon as possible, prepare a written statement containing all facts within the employee’s knowledge regarding said assault, when physically possiblesign said statement, will provide his/her and present it to the building principal or immediate supervisor with a written report of the incident. Such report shall be signed by the employeesupervisor. 3. If an assault on an employee, which arises directly or indirectly out of his/her employment with the Board, results in the employee being unable to work, said employee shall be provided leave without loss of pay and no deduction will be made received medical attention and/or is absent from his/her sick leaveassigned duties more than two (2) days, a certificate from a licensed physician, stating the nature of the disability, and its duration, shall be required before assault leave payment is made. 4. If an employeeA employee shall not qualify for payment of assault leave until the physician’s absence resulting from assault is covered by Workers’ Compensation or Social Security disability benefits, statement pursuant to (3) above has been submitted to the Board shall provide the additional compensation that will provide said employee with the same income he/she received at the time of his/her assaultSuperintendent. 5. An employee temporarily disabled as a result of physical Assault Leave approved under this Section shall not be charged against the employee’s sick leave or any other leave that may be granted under the Board’s rules and regulations. 6. Employees shall not be permitted to accrue assault leave. 7. Payment for assault leave shall be returned to at the same or equivalent position as held assaulted employee’s rate of pay in effect at the time of the incidentassault or at the rate for which the member may become eligible in accordance with the Ohio Revised Code exclusive of (1) any supplemental contract of employment; and (2) any worker’s compensation due the employee by virtue of the employee’s physical disability. 6. If medical attention is required, the employee must submit a statement listing the name and address of the physician, the dates of consultation, and the nature of the disability and its duration before assault leave can be approved for payment8. Falsification of either a written, signed statement or a physician’s certificate shall be for Assault Leave is grounds for discipline. The Board may, at its expense, have an employee examined to determine fitness to return to worksuspension or termination of employment. 7. In the event that any disabling condition is anticipated to last more than twelve

Assault Leave. 1. It is recognized by Any employee absent from regular duties because of a physical disability resulting from an assault on the Board that employee which occurs in the course of performing assigned duties, acts Board employment shall be entitled to a leave of physical absence under the following conditions: 1. The maximum number of days for which assault upon the leave shall be payable to any employee may occur. It is further recognized that the Board has a responsibility to ensure that the rights of the employees are protected when such situations arise. To ensure that such employee’s rights are protected, it is necessary that the proper procedures shall be followed when such instances arise. Procedures to be followed:forty-five (45) days. 2. An The employee who has been assaulted must furnish the Superintendent with a signed statement describing in connection with the performance of duty shall notify his/her immediate supervisor immediately. Within twenty-four (24) hours detail all of the incidentfacts and circumstances surrounding the assault, including but not limited to; the location and time of the assault, the employee, when physically possible, will provide his/her immediate supervisor with a written report identity of the incident. Such report shall be signed by assailant(s), if known, and the employeeidentity of all witnesses to the assault, if known. 3. If an assault on an employee, which arises directly or indirectly out of his/her employment with the Board, results in the employee being unable to work, said employee shall be provided leave without loss of pay and no deduction will be made from his/her sick leave. 4. If an employee’s absence resulting from assault is covered by Workers’ Compensation or Social Security disability benefits, the Board shall provide the additional compensation that will provide said employee with the same income he/she received at the time of his/her assault. 5. An employee temporarily disabled as a result of physical assault shall be returned to the same or equivalent position as held at the time of the incident. 6. If medical attention is required, the The employee must submit a statement listing to the name and address of Superintendent verification from an attending physician that the physicianemployee is disabled from performing normal duties, the dates of consultation, and indicating the nature of the disability and its duration before assault leave can be approved for payment. Falsification of either a written, signed statement or a physician’s certificate shall be grounds for disciplineprobable duration. 4. The Board may, at its expense, have an employee examined to determine fitness to return to work. 7must cooperate fully with the Superintendent and other public authority(ies) in the prosecution of the assailant(s). In the event the employee requires representation by an attorney in the criminal prosecution of the assailant(s), the Board will provide the employee with an attorney selected by and paid by the Board to represent such employee in such matter. If other legal representation is required by the employee, such may be provided by the Board as approved in advance by the Superintendent of Schools. 5. The employee shall be required to file for Worker's Compensation. Denial of worker’s compensation shall not affect any benefits described elsewhere in this contract. However, approval of worker’s compensation claims shall result in benefits described in this section terminating. 6. It is the intent of this Article to provide for assault leave for employees who do not physically initiate the assault on their person. In case of a dispute as to whether or not an employee has physically initiated an assault and it is determined through either administrative hearing or court action that any disabling condition the employee did initiate the assault, the employee shall be required to either: (a) refund the compensation received as assault leave, or (b) charge the assault leave taken against the sick leave earned by the employee. Assault leave shall not be chargeable against sick leave. In the event the employee is anticipated eligible to last more than twelveand receives Worker's Compensation for all or part of the period of disability due to an assault, the amount payable for the Board as assault leave shall be the difference between the Worker's Compensation benefits paid and the employee's regular compensation. This shall be accomplished by the employee receiving his/her regular compensation from the Board and executing the necessary form so that such Worker's Compensation is paid directly to the Board.

Assault Leave. Assault Leave (at no loss of pay) will be available to all bargaining unit employees of the Employer, subject to the following provisions: A. An employee who is required to be absent due to a documented physical injury incident which results from a spontaneous or premeditated student/client action directed at an employee or group of employees during employment hours, or when providing voluntary service at a Board approved activity or event, on or off program grounds and the action results in an injury which would prevent the employee from performing his/her duties, shall be eligible to receive assault leave. B. A request for assault leave shall be made on the Employer’s designated form and shall include the following information: 1. It is recognized by the Board that in the course of performing assigned duties, acts of physical assault upon the employee may occur. It is further recognized that the Board has a responsibility to ensure that the rights The nature of the employees are protected when such situations arise. To ensure that such employee’s rights are protected, it is necessary that the proper procedures be followed when such instances arise. Procedures to be followed:injury; 2. An The date, times and place of the occurrence; 3. Identification of the individual or individuals causing the injury (if known); 4. Facts and circumstances surrounding the injury; 5. A certificate from a licensed physician describing the nature of the injury and its probable duration and stating that the employee who has been assaulted is unable to perform the essential functions of the position as provided in connection with the performance employee’s job description. C. The form shall be returned to the appropriate Supervisor's/Program Director's office on the day of duty the injury or as soon after the occurrence as is possible. No assault leave may be approved prior to receipt of the written, completed application form, and the required medical documentation. D. The bargaining unit employee, if requested by the Employer, shall notify consent to an examination at the expense of the Employer by an Employer designated physician at a reasonable time and place. E. The affected employee shall agree to cooperate fully in pursuing any legal or police action by the Employer on behalf of the employee and/or the Employer. F. Assault leave will be limited to a maximum of ten (10) working days, as warranted, per injury, to a maximum of two (2) incidents per year and shall not be chargeable to sick leave or personal leave. G. If upon the exhaustion of the allowed assault leave days, the individual is unable to perform his/her immediate supervisor immediately. Within twentyduties and the employee has elected not to apply for Workers’ Compensation benefits, he/she may apply for sick leave, disability leave, or disability separation. H. An employee on assault leave shall make every effort to schedule follow-four (24) hours up treatment after working hours, but if unable to, any follow-up treatment necessitated as a result of the incident, the employee, when physically possible, will provide his/her immediate supervisor with a written report of the incident. Such report shall be signed by the employee. 3. If an assault on an employee, injury for which arises directly or indirectly out of his/her employment with the Board, results in the employee being unable to work, said employee shall be provided leave without loss of pay and no deduction will be made from his/her sick leave. 4. If an employee’s absence resulting from assault time off is not covered by Workers’ Compensation or Social Security disability benefitsshall be paid by physical injury leave. Such leave shall not exceed the ten (10) day limit provided in Section 1, sub-section F of this Article. I. All initial assault leave examinations of a non-emergency nature shall be done by the Board shall provide Employer’s physician. If the additional compensation that will provide said employee disagrees with the same income results of the initial examination, he/she received may consult a physician of choice at the time employee’s expense subject to the hospitalization plan and/or Workers’ Compensation coverage, if appropriate. If the two opinions differ, a physician mutually agreed to by the Employer and the employee shall conduct a third examination. If a third physician cannot be agreed upon, the Employer’s physician and the employee physician shall mutually select the third physician. This opinion shall be binding on the parties. The Employer and the employee shall equally share the cost of his/her assaultthe third physician. 5. An J. After the second instance of assault leave involving the same employee temporarily disabled as a result of physical assault shall be returned or the same consumer, the parties will meet to evaluate the situation(s) and make recommendations to resolve the issues which may have led up to the same or equivalent position as held at the time assault. Issues of the incident. 6staff ratio, training, programming etc. If medical attention is required, the employee must submit a statement listing the name and address of the physician, the dates of consultation, and the nature of the disability and its duration before assault leave can shall all be approved for payment. Falsification of either a written, signed statement or a physician’s certificate shall be grounds for disciplineconsidered in making any recommendations. The Board may, at its expense, have an employee examined results and recommendations of this meeting shall not be subject to determine fitness to return to workthe grievance procedure unless discipline is recommended for the employee. 7. In the event that any disabling condition is anticipated to last more than twelve

Assault Leave. 1A school employee may be absent from duty under the provision of Sick Leave, Personal Leave, and other types of leave provided by statute and other administrative procedures. It is recognized by In addition to the Board that above, a school employee may also be absent from duty due to an assault which occurs in the course of performing assigned dutiesemployment. In order to qualify for assault leave, acts which shall not be charged against sick leave or against other leave granted under the Ohio Revised Code, the following guidelines should be observed: 1. The incident, resulting in the absence due to the physical disability of physical assault upon the employee may occur. It is further recognized that to perform the Board duties for which he/she has been employed, must have arisen out of a responsibility situation determined to ensure that have been within the rights scope of the employees are protected when such situations arise. To ensure that such employee’s rights are protected, it is necessary that employment with the proper procedures be followed when such instances arise. Procedures to be followed:Board. 2. An employee who has been assaulted The determination as to whether or not the physical disability is a result of an assault that occurred in connection with the performance course of duty Board employment shall notify his/her immediate supervisor immediatelybe made by the Board. Within twenty-four (24) hours of the incidentHowever, the employeeemployee must secure certified data as to the injuries sustained, when physically possiblefrom a person licensed to practice medicine, will provide his/her immediate supervisor with a written report of the incident. Such report shall be signed if requested by the employeeBoard. The Board shall pay a maximum of one hundred dollars ($100) for such examination. 3. If the preceding determinations are established to have been a physical disability resulting from an assault which occurred in the course of Board employment, the period of time the employee will be maintained on an a full-pay status during the period of such absence shall be until the employee is eligible to return to duties similar to the duties the employee was employed for prior to the physical disability resulting from the assault or one of the following limiting factors: a) The end of the employee, which arises directly or indirectly out 's limited term contract if within less than one year from the date of the assault. b) The resignation of the employee prior to one year from the date of the assault. c) The determination of the eligibility for Disability Retirement benefits by the retirement system prior to one year from the date of the assault. d) The termination of the contract between the employee and the Board by any other method prior to one year from the date of the assault. 4. The return of any employee on authorized assault leave to duty shall be predicated on the establishment by the employee of his/her employment with the Board, results in the employee being unable to work, said employee shall be provided leave without loss of pay and no deduction will be made from his/her sick leave. 4. If an employee’s absence resulting from assault is covered by Workers’ Compensation or Social Security disability benefits, the Board shall provide the additional compensation that will provide said employee with the same income he/she received at the time of his/her assault. 5. An employee temporarily disabled as a result of physical assault shall be returned to the same or equivalent position as held at the time of the incident. 6. If medical attention is required, the employee must submit a statement listing the name and address of the physician, the dates of consultation, and the nature of the disability and its duration before assault leave can be approved for payment. Falsification of either a written, signed statement or a physician’s certificate shall be grounds for discipline. The Board may, at its expense, have an employee examined to determine fitness to return to workduty following the same method assault leave was authorized in the first instance. The Board shall pay a maximum of one hundred dollars ($100.00) for such examination. 7. In the event that any disabling condition is anticipated to last more than twelve

Assault Leave. 1. It 1.02.1 Pursuant to §3319.143, an employee who is recognized unable to work because of injury resulting from an assault received in or arising out of employment, whether during or outside of school hours and whether on or off school property, shall receive full scheduled compensation for the period of total disability less any amount received by the employee under the income continuity policy, which is fully paid by the Board, and less any compensation received by the employee under the Workers' Compensation Act of Ohio. 1.02.2 No additional payment shall be made or required for any period during which the employee elects to take sick leave. 1.02.3 The employee shall not qualify for, or accrue, assault leave except upon submission of an application on a form to be furnished by the Board that in of Education justifying the course granting of performing assigned duties, acts of physical assault upon leave; and if the employee may occurreceives medical attention, the employee shall furnish a certificate from his/her licensed physician, stating the nature of his/her disability and its 1.02.4 Payment of assault leave shall be at the regular rate of pay in effect for the employee at the time of such assault. It Payment shall also include amounts being made or contracted to be made under supplemental contracts during the school year in which the assault occurs. 1.02.5 An employee who is further recognized that on assault leave must apply for disability benefits under STRS/SERS as soon as the employee becomes eligible. Board has a responsibility to ensure that the rights payment for assault leave shall be discontinued as of the employees are protected when such situations arise. To ensure that such employee’s rights are protected, it date of the STRS/SERS board decision as to whether the employee is necessary that the proper procedures be followed when such instances arise. Procedures to be followed: 2eligible for disability benefits or is otherwise eligible for STRS/SERS benefits for age or for retirement. An employee who has not been assaulted in connection with granted STRS/SERS disability benefits will be expected to return to work or, if the performance employee presents appropriate medical documentation, may continue on an unpaid medical leave pursuant to the provisions of duty shall notify his/her immediate supervisor immediatelysection 1.13.0 of this Negotiated Agreement. Within twenty-four (24) hours of the incidentIn all other respects not covered by this section, the employee, when physically possible, will provide his/her immediate supervisor with a written report provisions of the incident. Such report shall be signed by the employee.O.R.C. 3. If an assault on an employee, which arises directly or indirectly out of his/her employment with the Board, results in the employee being unable to work, said employee shall be provided leave without loss of pay and no deduction 1.02.6 No reduction will be made from his/her the employee's assault leave, sick leave. 4. If an employee’s absence resulting from assault is covered leave and/or retirement severance paid by Workers’ Compensation or Social Security disability benefits, the Board shall provide the additional compensation that will provide said employee with the same income he/she received at the time of his/her assault. 5. An employee temporarily disabled as a result of physical assault shall be returned to the same or equivalent position as held at the time of the incident. 6. If medical attention is required, for sums awarded the employee must submit by the Workers' Compensation Commission for a statement listing the name and address of the physician, the dates of consultation, and the nature of the disability and its duration before assault leave can be approved for payment. Falsification of either a written, signed statement or a physician’s certificate shall be grounds for discipline. The Board may, at its expense, have an employee examined to determine fitness to return to workpermanent disability. 7. In the event that any disabling condition is anticipated to last more than twelve

Assault Leave. 1. It 16.3.1 When a physical assault occurs on an employee, the employee has the right to defend himself/herself and/or obtain assistance. 16.3.2 An employee who is recognized by the Board that required to be absent due to physical disability resulting from an unprovoked assault, which occurs in the course of performing assigned dutiesBoard employment while on duty on school grounds during school hours or where required to be in attendance at a school sponsored function, acts shall be eligible to receive paid assault leave. Upon determination of physical assault eligibility by the Board and/or its designees, such leave may be granted for not more than one hundred eighty (180) days upon the employee may occuremployee's delivering to the Treasurer a signed statement on forms prescribed by the Board. It is further recognized that Such statements will indicate the Board has a responsibility to ensure that the rights nature of the employees are protected when such situations arise. To ensure that such employee’s rights are protectedinjury, it is necessary that the proper procedures be followed when such instances arise. Procedures to be followed: 2. An employee who has been assaulted in connection with date of its occurrence, the performance of duty shall notify his/her immediate supervisor immediately. Within twenty-four (24) hours identity of the incident, individual(s) causing the employee, when physically possible, will provide his/her immediate supervisor with a written report of assault and the incidentfacts surrounding the assault. Such report shall be signed by the employee. 3. If an assault on an employee, which arises directly or indirectly out of his/her employment with the Board, results in the employee being unable to work, said The employee shall be provided leave without loss of pay and no deduction will be made supply a certificate from his/her sick leave. 4. If an employee’s absence resulting from assault is covered by Workers’ Compensation or Social Security disability benefits, the Board shall provide the additional compensation that will provide said employee with the same income he/she received at the time of his/her assault. 5. An employee temporarily disabled as a result of physical assault shall be returned to the same or equivalent position as held at the time of the incident. 6. If medical attention is required, the employee must submit a statement listing the name and address of the physician, the dates of consultation, and licensed physician stating the nature of the disability and its duration before duration. 16.3.3 Full payment for assault leave can leave, less workmen's compensation and/or unemployment compensation, shall not exceed the employee's per diem rate of pay and will not be approved for paymentpayment unless and until the form and certificate, as provided above, are supplied to the Treasurer. Falsification of either a writtenAfter seven (7) days' absence or as soon thereafter as possible, signed statement or a physician’s certificate an assaulted employee shall apply for Worker's Compensation and sign an agreement with the Board to allow compensation received for this absence to be grounds for discipline. The Board may, at its expense, have an employee examined paid to determine fitness to return to workthe Board. 7. In 16.3.4 When the event that employee exhausts the assault leave, he/she may use sick leave. 16.3.5 Where the assaulted employee becomes eligible for benefits under the State Employees Retirement System (SERS) because of any disabling condition is anticipated to last more than twelvedisability or because of age, or where the member's employment by this district ceases, this leave provision shall no longer apply.

Assault Leave. 1. It is recognized by the Board that in the course of performing assigned duties, acts of physical assault upon the employee may occur. It is further recognized that the Board has a responsibility to ensure insure that the rights of the employees are protected when such situations arise. To ensure insure that such employee’s rights are protected, it is necessary that the proper procedures be followed when such instances arise. Procedures to be followed: 2. An employee who has been assaulted in connection with the performance of duty shall notify his/her immediate supervisor immediately. Within twenty-four (24) hours of the incident, the employee, when physically possible, will provide his/her immediate supervisor with a written report of the incident. Such report shall be signed by the employee. 3. If an assault on an employee, which arises directly or indirectly out of his/her employment with the Board, results in the employee being unable to work, said employee shall be provided leave without loss of pay and no deduction will be made from his/her sick leave. 4. If an employee’s absence resulting from assault is covered by Workers’ Compensation or Social Security disability benefits, the Board shall provide the additional compensation that will provide said employee with the same income he/she received at the time of his/her assault. 5. An employee temporarily disabled as a result of physical assault shall be returned to the same or equivalent position as held at the time of the incident. 6. If medical attention is required, the employee must submit a statement listing the name and address of the physician, the dates of consultation, and the nature of the disability and its duration before assault leave can be approved for payment. Falsification of either a written, signed statement or a physician’s certificate shall be grounds for discipline. The Board may, at its expense, have an employee examined to determine fitness to return to work. 7. In the event that any disabling condition is anticipated to last more than twelve