Common use of Child Rearing/Family Medical Leave Clause in Contracts

Child Rearing/Family Medical Leave. A. An unpaid leave of absence shall be granted to a teacher for the purpose of child rearing. Such leave shall be taken within the twelve (12) month period immediately following the birth or adoption of a bargaining unit member’s child. The length of leave under this paragraph shall not exceed twelve (12) months, renewable at the discretion of the Board. B. Where a bargaining unit member, his/her spouse, child or parent has a serious health condition, an unpaid leave of absence shall be granted for a period of up to twelve (12) weeks, renewable at the discretion of the Board. C. A teacher adopting a child (children) or having a child (children) placed with him/her for xxxxxx care purposes shall begin his/her leave at any time between entry of a court order awarding custody and twelve (12) months after the child arrives in the home. D. In order to provide continuity within the classroom between pupil and teacher, the teacher shall notify the Superintendent in writing of his/her desire to take leave under this Article. The letter requesting leave shall include the proposed commencement date of the leave and the date of return. Except in the case of an emergency, teachers shall give such notice at least thirty (30) days prior to the date on which the leave is to begin. E. In the case of an adoption or xxxxxx care placement, a copy of the order awarding custody to the teacher shall be provided to the administration if requested in connection with a teacher’s application for leave for those purposes. When leave is taken under this Article to care for a teacher’s seriously ill spouse, child or parent, or due to the teacher’s own serious health condition, the teacher will, upon administrative request, provide medical certification from a health care provider supporting the necessity for the leave. Teachers taking leave under this Article for medical and/or psychological reasons shall provide, at the Board’s request, appropriate verification of the necessity for leave and the teacher’s fitness to return to duty at the conclusion of the leave. The Board has the right to require that a second opinion (at the Board’s expense) be obtained. If that opinion differs from that of the teacher’s health provider, the health provider, the teacher and administration (in consultation with the Association, if requested by the teacher) shall mutually designate a third health provider whose opinion relative to leave eligibility or initial fitness to return to work shall be considered final and binding on the Board, teacher and Association. The cost of this examination shall be paid by the Board. F. A teacher who is disabled may continue in active employment provided he/she continues to perform his/her regular duties satisfactorily. G. All or any portion of a leave taken by a teacher because of a medical disability connected with or resulting from her pregnancy may, at the teacher’s option, be charged to her available sick leave in accordance with State and Federal laws. H. The teacher shall, upon his/her return, be assigned the same or, if the position does not exist, an equivalent teaching position for which the teacher is certified and qualified, and shall be placed on the salary schedule at the step attained prior to such leave. For purposes of this Agreement, restoration to a bargaining unit position for which the teacher is certified and qualified shall be considered as restoration to an equivalent teaching position. I. The Board and the teacher agree to cooperate in scheduling commencement and return from leave at a time which minimizes disruption to the continuity of educational programming and service delivery. J. The Board of Education will continue premium payments for health care benefits up to twelve (12) weeks for a teacher who has been granted an unpaid leave under this section. If the teacher fails to return from leave at its expiration (except in the event of the continuance, onset or recurrence of a serious health condition of the teacher or other circumstances beyond the teacher’s control), the Board shall have the right to recover all premium payments made during the unpaid leave interval with the exception of those premium payments attributable to the use or substitution of paid leave. These amounts may permissibly be deducted from any wage or other payments due the teacher, with any deficiency to be remitted by the teacher to the Board within five (5) days of demand. K. The Board may hire substitute teachers to replace bargaining unit members granted leaves under this section.

Appears in 6 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Child Rearing/Family Medical Leave. A. 1. An unpaid leave of absence shall be granted to a teacher an Administrator for the purpose of child rearing. Such leave shall only be taken within the twelve (12) month period immediately following the birth or adoption of a bargaining unit member’s 's child. The length of leave under this paragraph shall not exceed twelve (12) monthsworkweeks, renewable at the discretion of the Board. B. 2. Where a bargaining unit member, his/her 's spouse, child or parent has a serious health condition, an unpaid leave of absence shall be granted for a period of up to twelve (12) weeksmonths, renewable at the discretion of the Board. C. A teacher 3. An Administrator adopting a child (children) or having a child (children) placed with him/her for xxxxxx care purposes shall begin his/her leave at any time between entry of a court order awarding custody and twelve (12) months after the child arrives in at the home. D. 4. In order to provide continuity within the classroom between pupil and teacherAdministrator's areas of supervision, the teacher an Administrator shall notify the Superintendent in writing of his/her desire to take leave under this Article. The letter requesting leave shall include the proposed commencement date of the leave and the date of return. Except in the case of an emergency, teachers Administrators shall give such notice at least thirty (30) days prior to the date on which the leave is to begin. E. 5. In the case of an adoption or xxxxxx care placement, a copy of the order awarding custody to the teacher Administrator shall be provided to the administration Superintendent if requested in connection with a teacher’s the application for leave for those purposes. When leave is taken under this Article to care for a teacher’s seriously an Administrator's seriously-ill spouse, child or parent, or due to the teacher’s Administrator's own serious health condition, the teacher Administrator will, upon administrative the Superintendent's request, provide medical certification from a health care provider supporting the necessity for the leave. Teachers Administrators taking leave under this Article for medical and/or psychological reasons shall provide, at the Board’s 's request, appropriate verification of the necessity for leave and the teacher’s Administrator's fitness to return to duty at the conclusion of the leave. The Board has the right to require that a second opinion (at the Board’s 's expense) be obtained. If that opinion differs from that of the teacher’s Administrator's health provider, the Administrator's health provider, the teacher Administrator and administration the Superintendent (in consultation with the Association, if requested by the teacherAdministrator) shall mutually designate a third health provider whose opinion relative to leave eligibility or initial fitness to return to work shall be considered final and binding on the Board, teacher Administrator, and Association. The cost of this examination shall be paid equally by the BoardBoard and the Association. F. A teacher who is disabled may continue in active employment 6. Upon return from an unpaid leave of absence, except as provided he/she continues elsewhere, the Administrator shall be reinstated to perform his/her regular duties satisfactorily. G. All or any portion of a leave taken by a teacher because of a medical disability connected with or resulting from her pregnancy may, at the teacher’s option, be charged to her available sick leave in accordance with State and Federal laws. H. The teacher shall, upon his/her return, be assigned the same former position or, if that position is not available, to a position, which is substantially equivalent for which, the position does not exist, an equivalent teaching position for which the teacher Administrator is certified and qualified, and shall be placed on the salary schedule at the step attained prior to such leave. For purposes of this Agreement, restoration to a bargaining unit position for which the teacher is certified and qualified shall be considered as restoration to an equivalent teaching position. I. 7. The Board and the teacher Administrator agree to cooperate in scheduling commencement and the return from leave at a time time, which minimizes disruption to the continuity of educational programming and service delivery. J. 8. The Board of Education will continue premium payments for health care benefits up to twelve (12) weeks for a teacher an Administrator who has been granted an unpaid leave under this sectionSection. If the teacher Administrator fails to return from leave at its expiration (except in the event of the continuance, onset or recurrence reoccurrence of a serious health condition of the teacher Administrator or other circumstances beyond the teacher’s Administrator's control), the Board shall have the right to recover all premium payments made during the unpaid leave interval with the exception of those premium payments attributable to the use or substitution of paid leaveinterval. These amounts may permissibly be deducted from any wage or other payments due the teacherAdministrator, with any deficiency to be remitted by the teacher Administrator to the Board within five (5) days of demand. K. The 9. It is understood that the Board may hire substitute teachers retains the right under the Family Medical Leave Act of 1993 ("FMLA") to replace bargaining unit members granted leaves under designate and count as FMLA leave any paid leave taken by an employee for a FMLA required reason. Once the Board has acquired knowledge that the leave is being taken for a FMLA required reason, the Board promptly (within two [2] business days, absent extenuating circumstances) notify the employee that the leave is being designated and will be counted as FMLA leave. If the notification is given orally, the Board must confirm this sectionin writing no later than the next pay that occurs at least one (1) week after the oral notification.

Appears in 1 contract

Samples: Master Agreement

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Child Rearing/Family Medical Leave. A. An X. Xx unpaid leave of absence shall be granted to a teacher for the purpose of child rearing. Such leave shall be taken within the twelve (12) month period immediately following the birth or adoption of a bargaining unit member’s child. The length of leave under this paragraph shall not exceed twelve (12) months, renewable at the discretion of the Board. B. Where a bargaining unit member, his/her spouse, child or parent has a serious health condition, an unpaid leave of absence shall be granted for a period of up to twelve (12) weeks, renewable at the discretion of the Board. C. A teacher adopting a child (children) or having a child (children) placed with him/her for xxxxxx care purposes shall begin his/her leave at any time between entry of a court order awarding custody and twelve (12) months after the child arrives in the home. D. In order to provide continuity within the classroom between pupil and teacher, the teacher shall notify the Superintendent in writing of his/her desire to take leave under this Article. The letter requesting leave shall include the proposed commencement date of the leave and the date of return. Except in the case of an emergency, teachers shall give such notice at least thirty (30) days prior to the date on which the leave is to begin. E. In the case of an adoption or xxxxxx care placement, a copy of the order awarding custody to the teacher shall be provided to the administration if requested in connection with a teacher’s application for leave for those purposes. When leave is taken under this Article to care for a teacher’s seriously ill spouse, child or parent, or due to the teacher’s own serious health condition, the teacher will, upon administrative request, provide medical certification from a health care provider supporting the necessity for the leave. Teachers taking leave under this Article for medical and/or psychological reasons shall provide, at the Board’s request, appropriate verification of the necessity for leave and the teacher’s fitness to return to duty at the conclusion of the leave. The Board has the right to require that a second opinion (at the Board’s expense) be obtained. If that opinion differs from that of the teacher’s health provider, the health provider, the teacher and administration (in consultation with the Association, if requested by the teacher) shall mutually designate a third health provider whose opinion relative to leave eligibility or initial fitness to return to work shall be considered final and binding on the Board, teacher and Association. The cost of this examination shall be paid by the Board. F. A teacher who is disabled may continue in active employment provided he/she continues to perform his/her regular duties satisfactorily. G. All or any portion of a leave taken by a teacher because of a medical disability connected with or resulting from her pregnancy may, at the teacher’s option, be charged to her available sick leave in accordance with State and Federal laws. H. The teacher shall, upon his/her return, be assigned the same or, if the position does not exist, an equivalent teaching position for which the teacher is certified and qualified, and shall be placed on the salary schedule at the step attained prior to such leave. For purposes of this Agreement, restoration to a bargaining unit position for which the teacher is certified and qualified shall be considered as restoration to an equivalent teaching position. I. The Board and the teacher agree to cooperate in scheduling commencement and return from leave at a time which minimizes disruption to the continuity of educational programming and service delivery. J. The Board of Education will continue premium payments for health care benefits up to twelve (12) weeks for a teacher who has been granted an unpaid leave under this section. If the teacher fails to return from leave at its expiration (except in the event of the continuance, onset or recurrence of a serious health condition of the teacher or other circumstances beyond the teacher’s control), the Board shall have the right to recover all premium payments made during the unpaid leave interval with the exception of those premium payments attributable to the use or substitution of paid leave. These amounts may permissibly be deducted from any wage or other payments due the teacher, with any deficiency to be remitted by the teacher to the Board within five (5) days of demand. K. The Board may hire substitute teachers to replace bargaining unit members granted leaves under this section.

Appears in 1 contract

Samples: Master Agreement

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