Assault Leave. 1. If, in the course of employment, an employee is assaulted by a student/adult, resulting in physical injury to the employee which is severe enough to preclude the satisfactory performance of regular duties, the employee shall be granted leave for the period of incapacitation, except that the length of the leave shall be limited to five (5) days unless a doctor certifies that the incapacity will continue beyond such period. 2. This assault leave shall not be charged against any other type of leave. 3. The employee shall not qualify for assault leave except upon submission of an application justifying the granting of assault leave. If there is a physical altercation among Board employees, and it cannot be determined who initiated the altercation, no employee will be granted assault leave. If medical attention is required, the employee shall furnish a certificate from the attending physician stating the nature of the disability and its expected duration. 4. Payment of assault leave shall be at the regular rate of pay (per diem rate) in effect for such employee at the time of such assault or at the rate at which the employee may become eligible in accordance with the Agreement, less any compensation to which the employee may become eligible in accordance with the Workers’ Compensation Act of Ohio. 5. An employee who has been physically assaulted in connection with the performance of a service assignment of this Board shall notify the building principal or his/her immediate supervisor. The employee shall file a written report signed by the affected employee with the Superintendent/Designee. 6. If court action results, said employee shall be granted leave from his/her duties without loss of pay or benefits for necessary time in court. 7. An employee temporarily disabled as a result of a physical assault shall be returned to the same position held at the time of the incident or shall be transferred to the first open and available position carrying equivalent pay and equivalent duties which the employee is qualified to do, if the affected employee so desires.
Appears in 8 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Assault Leave. 1. If, in the course of employment, Any employee who must be absent from his or her duties due to physical disability resulting from an employee is assaulted assault by a student/adultstudent or the parent or legal guardian of a student of this system, resulting while on duty and engaged in school- related activities, on or off school premises, before, during or after school hours, will be paid his or her full scheduled compensation for a maximum period of fifteen (15) days. Assault shall be defined as intentional physical injury to touching. If permanently disabled, the employee which is severe enough to preclude the satisfactory performance must apply for disability retirement and no assault leave shall be granted after such retirement has been approved. The period of regular dutiessuch absence, as defined in this provision, shall be termed "Assault Leave." Before Assault Leave can be approved, the employee shall be granted leave for furnish to the period of incapacitationSuperintendent, except that a written, signed statement describing the length circumstances and events surrounding the assault and the cause thereof, including the location and time of the leave shall be limited to five (5) days unless a doctor certifies that the incapacity will continue beyond such period.
2. This assault leave shall not be charged against any other type assault, name and address of leave.
3. The employee shall not qualify for assault leave except upon submission of an application justifying the granting of assault leave. If there is a physical altercation among Board employeesvictims and witnesses, and it cannot be determined who initiated a description of the altercation, no employee will be granted assault leaveinjuries 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 the attending physician stating statement of the nature of the disability and its expected duration.
4, which has been signed by a physician licensed in the State of Ohio. Payment Falsification of either the written signed statement of the events or circumstances surrounding the assault leave or the physician's statements shall be at grounds for suspension or termination of employment. Assault Leave, which is approved by the regular rate of pay (per diem rate) in effect for such employee at the time of such assault Superintendent, shall not be charged against sick leave earned or at the rate at which earnable by the employee may become eligible in accordance with the Agreement, less or any compensation other leave to which the employee is entitled. Assault leave shall be immediately paid to the employee by the district at the employee’s current rate of pay and if Worker’s Compensation is applied for and granted, the employee shall reimburse Springfield City School District at the rate paid by Worker’s Compensation after payment is received from Worker’s Compensation. The Board may become eligible in accordance with require an examination by and a certificate from a licensed physician, chosen and paid by the Workers’ Compensation Act of Ohio.
5. An Board that the employee who has been physically assaulted in connection with the was disabled from performance of a service assignment of this Board shall notify the building principal or his/her immediate supervisor. The employee shall file a written report signed by the affected employee with the Superintendent/Designee.
6. If court action results, said employee shall be granted leave from his/her duties without loss of pay or benefits for necessary time in court.
7. An employee temporarily disabled as a result of a physical assault shall be returned to the same position held at the time of the incident or shall be transferred to the first open and available position carrying equivalent pay and equivalent any duties which the employee is qualified to doperform and the nature and duration of such disability. The employee is encouraged to file appropriate action against the person committing the assault, if the affected employee so desiresincluding criminal charges or civil action or both, in case of any assault or injuries.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Assault Leave. 1. 905.1 If, in the course of employment, an employee a teacher is assaulted by a student or a person acting in the student/adult's behalf, resulting in physical injury to the employee teacher which is severe enough to preclude the satisfactory performance of regular teaching duties, the employee teacher shall be granted leave Assault Leave for the period of incapacitation, except that the length of the leave shall be limited to five twelve (512) months duration. The twelve (12) month duration shall commence with the first day of Assault Leave. In case of injury or visible disfigurement which causes embarrassment to the teacher, Assault Leave shall be limited to twenty (20) paid working days unless a doctor certifies that the incapacity will continue beyond such periodmaximum.
2. This assault leave shall not be charged against any other type of leave.
3. 905.2 The employee teacher shall not qualify for assault leave Assault Leave except upon the submission of an application justifying a report supporting the granting of assault leave. If there is a physical altercation among Board employees, and it cannot be determined who initiated the altercation, no employee will be granted assault leaveAssault Leave. If medical attention is required, the employee shall furnish a certificate from the attending physician stating the nature of the disability and its expected duration.
4. 905.3 Payment of assault leave Assault Leave shall be at the regular rate of pay (per diem rateteacher's regular pay plus any extra-duty, supplemental, and/or supplementary pay) in effect for such employee at the time of such assault or at the rate at which the employee may become eligible in accordance with the Agreementassault, less any compensation to which the employee may become eligible in accordance with is entitled under the Workers’ Worker's Compensation Act of Ohio.
5. An employee 905.4 A teacher who has been physically assaulted in connection with the performance of a service the professional assignment of this the Board shall notify his/her Building Principal. The teacher shall have the building principal right to confer with a representative of the teacher's choice prior to the submission of any report. The teacher shall file a written report, and the report shall be signed by teacher or his/her immediate supervisorrepresentative.
905.5 The Principal or his/her designee shall attempt to obtain a list of witnesses to said assault. The employee Principal shall file then attempt to obtain a written report signed by statement of the affected employee with the Superintendent/Designeeobservations of each witness.
6. 905.6 If court Court action results, said employee teacher shall be granted leave from of his/her professional duties without with no loss of pay or benefits for the necessary time in courtCourt.
7. An employee 905.7 A teacher temporarily disabled as a result of a physical assault shall be returned to the same position as held at the time of the incident incident, or shall be transferred to the first open and available teaching position carrying equivalent pay and equivalent professional duties for which the employee teacher is qualified to docertified, if the affected employee teacher so desires.
Appears in 2 contracts
Samples: Master Contract, Master Contract
Assault Leave. A member of the bargaining unit who is absent from work due to a physical disability caused by a physical assault on him/her which occurred while the bargaining unit member was performing his/her duties and which was not the result of improper conduct by the employee requesting leave shall be eligible for assault leave. Assault leave must be approved by the Superintendent or designee. Full pay status (days not charged as sick leave) pursuant to assault leave shall be granted for a period of up to thirty (30) days. The member of the bargaining unit will provide the following on the appropriate form within two (2) days of the occurrence when possible:
1. IfA state of the nature of injury
2. A state of the date and time of occurrence
3. A statement identifying the individuals causing the assault if known
4. Facts and circumstances from a board approved, in licensed physician or emergency room describing the course nature of employment, an the injury sustained and certifying the need for assault leave. If the employee is assaulted eligible for assault leave, but not workmen’s compensation, the Board will pay the cost of the physician’s initial examination over and above that covered by the individual’s insurance
5. The employee must file a studentcriminal complaint and/or police report. All documentation must be completed before assault leave is granted. Upon completion of the appropriate documentation, the administration and association shall assist the member of the bargaining unit of his/adulther rights, resulting assist in physical injury any way possible and act as the liaison. Any student who commits assault and battery on a member of the bargaining unit shall be subject to the employee which is severe enough to preclude the satisfactory performance of regular dutiesdisciplinary action. Following such leave, the employee shall be granted leave returned to duty provided he/she has not become eligible for the period of incapacitation, except that the length of the leave disability retirement. A person on disability retirement shall be limited returned in accordance to five (5) days unless a doctor certifies that the incapacity will continue beyond such period.
2Ohio Revised Code section 3309.41. This assault leave shall not be charged against any other type of leave.
3. The employee shall not qualify for assault leave except upon submission of an application justifying the granting of assault leave. If there is a physical altercation among Board employees, and it cannot be determined who initiated the altercation, no employee will be granted assault leave. If medical attention is required, the employee shall furnish a certificate Return from the attending physician stating the nature of the disability and its expected duration.
4. Payment of assault leave shall be at based on the regular rate of pay (per diem rate) in effect for such employee at the time of such assault or at the rate at which the employee may become eligible in accordance with the Agreement, less any compensation to which the employee may become eligible in accordance with the Workers’ Compensation Act of Ohio.
5. An employee who has been physically assaulted in connection with the performance of a service assignment of this Board shall notify the building principal or his/her immediate supervisor. The employee shall file a written report signed by the affected employee with the Superintendent/Designee.
6. If court action results, said employee shall be granted leave from his/her duties without loss of pay or benefits for necessary time in court.
7. An employee temporarily disabled as a result of a physical assault shall be returned to the same position held at the time opinion of the incident employee’s licensed physician. Falsification of the signed statement to determine eligibility for assault leave benefits is grounds for suspension or shall be transferred to the first open and available position carrying equivalent pay and equivalent duties which the employee is qualified to do, if the affected employee so desirestermination of employment.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Assault Leave. 1. If, in the course of employment, an employee is assaulted by a student/adult, resulting in physical injury to the employee which is severe enough to preclude the satisfactory performance of regular duties, the An employee shall be granted assault leave for according to the period of incapacitationfollowing rules:
A. The incident, except that resulting in the length absence of the leave shall employee, must have occurred while the employee was in performance of his/her regularly assigned job duties as an employee of the Board. An Injury/Illness Investigation Form must be limited submitted to the Personnel Office as it relates to the assault incident within 48 hour of the incident.
B. Upon notice to the principal or appropriate administrator that an assault upon an employee has been committed, any employee having information relating to such assault shall, as soon as possible, prepare a written statement, embracing all facts within the employee’s knowledge regarding said assault, sign said statement and present it to the building principal or appropriate administrator.
C. If the employee receives medical attention and/or is absent from his/her assigned duties more than five (5) days unless days, a doctor certifies that certificate from a licensed physician, stating the incapacity nature of the disability, the staff members’ inability to perform job duties, and its duration will continue beyond such periodbe required before assault leave payment is made.
2. This assault leave shall not be charged against any other type of leave.
3. The D. An employee shall not qualify for payment of used assault leave except upon submission of an application justifying until the granting of assault leave form has been submitted.
E. An employee shall not be permitted to accrue assault leave. If there is a physical altercation among Board employees, and it cannot be determined who initiated the altercation, no employee will be granted assault leave. If medical attention is required, the employee shall furnish a certificate from the attending physician stating the nature of the disability and its expected duration.
4. F. Payment of for assault leave shall be at the regular assaulted employee’s rate of pay (per diem rate) in effect for such employee at the time of such the assault or at the rate at for which the employee may become eligible in accordance with the Agreement, less any compensation to which the employee may become eligible in accordance with the Workers’ Compensation Act of OhioOhio Revised Code.
5. An employee who has been physically assaulted in connection with G. Assault leave shall not be charged against sick leave earned by an employee.
H. Payment shall be discontinued at the performance earliest of a service assignment of this Board shall notify the building principal or his/her immediate supervisorfollowing occurrences:
1. The employee shall file a written report signed by becomes eligible for disability benefits under the affected employee with provisions of the Superintendent/DesigneeSchool Employees Retirement System.
62. If court action results, said employee shall be granted One hundred twenty (120) days of assault leave from his/her duties without loss of pay or benefits for necessary time in courtpayments have been made.
7. An employee temporarily disabled as a result I. Falsification of a physical assault shall any statement or claim under these provisions may be returned to the same position held at the time reason for suspension or termination of the incident or shall be transferred to the first open and available position carrying equivalent pay and equivalent duties which the employee is qualified to do, if the affected employee so desiresemployment.
Appears in 1 contract
Samples: Negotiated Agreement