Common use of Differential Leave Clause in Contracts

Differential Leave. 9.3.4.1 When a certificated employee is absent from duty because of a medically- verified disabling illness or injury, the employee shall be paid his/her regular salary less the sum paid to the substitute for a period up to five months. 9.3.4.1.1 First, all available unused sick leave is used until exhausted. (California Education Code, Sections 44964, 449779.3.4.2 9.3.4.1.2 Second, when sick leave has been exhausted, differential leave will begin. Sick leave and differential leave shall run consecutively. Differential leave shall not exceed five (5) school months. (California Education Code, Section 44977{b}{1}) 9.3.4.1.3 An employee shall not be provided more than one five (5) school month period per illness or accident. However, if a school year terminates before the five (5) school month period is exhausted; the employee may take the balance of the five-month period in a subsequent school year. (California Education Code, Section 44977{2}) 9.3.4.1.4 When all available leave has been exhausted and the employee is not medically able to resume the duties of his/her position, the employee shall be placed on a reemployment list for a period of 24 months (if the employee is probationary) or 39 months (if the employee is permanent). When the employee is medically able, during the 24- or 39-month period, he/she shall be returned to employment in a position for which he/she is credentialed and qualified. The 24-month or 39-month period shall commence at the expiration of the five-month period. (California Education Code, Section 44978.1) 9.3.4.1.5 For the purpose of this leave only, the term five (5) school months shall mean 100 consecutive workdays commencing with the first day of absence after the exhaustion of all accrued sick leave. For a less than full-time employee, the days shall be counted the same as for a full-time employee at his/her work site. 9.3.4.1.6 The sum deducted from the employee’s pay shall be the amount paid to the substitute in accordance with adopted District policy. 9.3.4.1.7 If the District has a tiered rate in effect, the deduction shall start commencing with day one (1) of the employee’s absence at the lowest amount and get progressively larger. 9.3.4.1.7.1 This progression shall apply even if it is known at the outset that the leave will extend beyond the initial rate. 9.3.4.1.8 The Assistant Superintendent of Human Resources or designee may require evidence during sick leave of absence, including doctor's statement of the employee's ability or inability to satisfactorily perform the functions of the employee’s position. Approval of the Assistant Superintendent of Human Resources or designee is required prior to a return to position status following an injury or illness absence which extends into differential status.

Differential Leave. 9.3.4.1 When a certificated employee is absent from duty because of a medically- verified disabling illness or injury, the employee shall be paid his/her regular salary less the sum paid to the substitute for a period up to five months. 9.3.4.1.1 First, all available unused sick leave is used until exhausted. (California Education Code, Sections 44964, 449779.3.4.2 9.3.4.1.2 Second, when sick leave has been exhausted, differential leave will begin. Sick leave and differential leave shall run consecutively. Differential leave shall not exceed five (5) school months. (California Education Code, Section 44977{b}{1}) 9.3.4.1.3 An employee shall not be provided more than one five (5) school month period per illness or accident. However, if a school year terminates before the five (5) school month period is exhausted; , the employee may take the balance of the five-month period in a subsequent school year. (California Education Code, Section 44977{2}) 9.3.4.1.4 When all available leave has been exhausted and the employee is not medically able to resume the duties of his/her position, the employee shall be placed on a reemployment list for a period of 24 months (if the employee is probationary) or 39 months (if the employee is permanent). When the employee is medically able, during the 24- 24-month or 39-month period, he/she shall be returned to employment in a position for which he/she is credentialed and qualified. The 24-month or 39-month period shall commence at the expiration of the five-month period. (California Education Code, Section 44978.1) 9.3.4.1.5 For the purpose of this leave only, the term five (5) school months shall mean 100 consecutive workdays commencing with the first day of absence after the exhaustion of all accrued sick leave. For a less than full-time employee, the days shall be counted the same as for a full-time employee at his/her work site. 9.3.4.1.6 The sum deducted from the employee’s pay shall be the amount paid to the substitute in accordance with adopted District policy. 9.3.4.1.7 If the District has a tiered rate in effect, the deduction shall start commencing with day one (1) of the employee’s absence at the lowest amount and get progressively larger. 9.3.4.1.7.1 This progression shall apply even if it is known at the outset that the leave will extend beyond the initial rate. 9.3.4.1.8 The Assistant Superintendent of Human Resources or designee may require evidence during sick leave of absence, including doctor's statement of the employee's ability or inability to satisfactorily perform the functions of the employee’s position. Approval of the Assistant Superintendent of Human Resources or designee is required prior to a return to position status following an injury or illness absence which extends into differential status.

Differential Leave. 9.3.4.1 When a certificated employee is absent from duty because of a medically- verified disabling illness or injury, the employee shall be paid his/her regular salary less the sum paid to the substitute for a period up to five (5) months. 9.3.4.1.1 First, all available unused sick leave is used until exhausted. (California Education Code, Sections 44964, 449779.3.4.2 9.3.4.1.2 Second, when sick leave has been exhausted, differential leave will begin. Sick leave and differential leave shall run consecutively. Differential leave shall not exceed five (5) school months. (California Education Code, Section 44977{b}{1}44977[b[[1]) 9.3.4.1.3 An employee shall not be provided more than one five (5) school month period per illness or accident. However, if a school year terminates before the five (5) school month period is exhausted; , the employee may take the balance of the five-month period in a subsequent school year. (California Education Code, Section 44977{2}44977[2]) 9.3.4.1.4 When all available leave has been exhausted and the employee is not medically able to resume the duties of his/her position, the employee shall be placed on a reemployment list for a period of 24 twenty-four (24) months (if the employee is probationary) or 39 thirty-nine (39) months (if the employee is permanent). When the employee is medically able, during the 24- twenty-four (24)-month or 39-month thirty- nine (39)-month period, he/she shall be returned to employment in a position for which he/she is credentialed and qualified. The 24twenty-month four (24)-month or 39thirty-month nine (39)-month period shall commence at the expiration of the five-month five (5)-month period. (California Education Code, Section 44978.1) 9.3.4.1.5 For the purpose of this leave only, the term five (5) school months shall mean 100 consecutive workdays commencing with the first (1st) day of absence after the exhaustion of all accrued sick leave. For a less than full-time employee, the days shall be counted the same as for a full-time employee at his/her work site. 9.3.4.1.6 The sum deducted from the employee’s pay shall be the amount paid to the substitute in accordance with adopted District policy. 9.3.4.1.7 If the District has a tiered rate in effect, the deduction shall start commencing with day one (1) of the employee’s absence at the lowest amount and get progressively larger. 9.3.4.1.7.1 This progression shall apply even if it is known at the outset that the leave will extend beyond the initial rate. 9.3.4.1.8 The Assistant Superintendent of Human Resources or designee may require evidence during sick leave of absence, including doctor's statement of the employee's ability or inability to satisfactorily perform the functions of the employee’s position. Approval of the Assistant Superintendent of Human Resources or designee is required prior to a return to position status following an injury or illness absence which extends into differential status.