EMPLOYEE WORK YEAR 9.1 The work year shall be as follows:
Employee Workload The Employer shall ensure that an employee’s workload is not unsafe as a result of employee absence(s). Employees may refer safety related workload concerns to the Occupational Health and Safety Committee for investigation under Article 22.3 (Occupational Health and Safety Committee).
Project Employment A. Permanent project employees have layoff rights. Options will be determined using the procedure outlined in Sections 35.9 and 35.10, above.
B. Permanent status employees who left regular classified positions to accept project employment without a break in service have layoff rights within the Employer in which they held permanent status to the job classification they held immediately prior to accepting project employment.
HOURS OF EMPLOYMENT A. The on-site work day for employees shall commence twenty-five minutes before the start of the pupils’ instructional day. The length of the workday for full-time employees, including a duty-free lunch break, shall be seven and one half hours per day. Employees may be required to serve additional hours at extra-curricular activities called by the site administrators. On Fridays or on designated minimum days with the exception of Teacher Collaboration or Conference days, employees may leave directly after the students except when required to complete other assigned duties. Employees, at their discretion, may leave school at the end of the student day if their immediate supervisor has required that they return to school to serve at an extra-curricular activity. Staff meetings called by the building principal shall be conducted during contract hours. Excepting state, federal, contractual, or mandated committees, all committee memberships shall be voluntary. Required committees shall be equitably filled by all teaching staff. Required extra-curricular activities shall be equitably distributed/attended by all teaching staff
B. Every full-time teacher shall be entitled to one duty-free, uninterrupted lunch period and two ten-minute relief periods each day. The lunch period shall be for the same duration of time as that provided for pupils of the school. Administrators will make every effort to ensure that the time between each duty free break will not exceed 2 hours. In instances where that is not possible, administrators will work with the teachers impacted to provide restroom relief as needed.
C. All teachers shall have time set-aside for preparation and planning. Teachers in grades TK-5 shall be entitled to at least a thirty minute daily prep period. Teachers in grades 6-8 and 9-12 shall be entitled to preparation periods equal to one class period as long as all grades are located on the same campus/site and have the same instructional minutes. If the sixth grade is returned to an elementary configuration (example 4-5-6), teachers shall be entitled to the same preparation period offered teachers in grades 4 and 5. Scheduling of preparation time shall be the responsibility of the site administrator. Preparation periods shall be duty free. Employees will not be requested by site administrators or by other staff to "cover" other classes during their preparation period. Employees may volunteer to cover classes during prep periods for teachers who need to be absent for a portion of the day to fulfill extra-duty assignments.
D. Hours of employment for part-time employees shall be assigned by the Superintendent.
E. Reasonable release time shall be provided for Association representatives to meet and negotiate and to process grievances. When Association representatives perform these duties outside of the 185 contracted work days, those representatives of the Association will be granted one compensatory day for each day in which business between the Association and the District is conducted, for a maximum of six KUTA members. Compensatory days must be taken by June 30 of the school year in which they are granted. Unused compensatory days will be forfeited after June 30 of each year.
F. The dismissal time and number of minimum days will be fairly applied at all sites within the District. The number of minimum days will be not less than 9 days, and shall include the days listed in Article V, Paragraph B as part of the nine minimum days.
G. The hours of employment for teachers shall include the following minimum number of instructional minutes which shall be offered to the students and shall continue to comply with the longer day, longer year provisions of California Education Code §46201:
Holidays Worked When an employee works on a calendar holiday, he/she shall receive payment of the holiday at the regular rate and in addition, at the discretion of the Employer, (1) be paid at the rate of time and one half for hours actually worked on the holiday or (2) be given compensatory time off equal to one and one half the number of hours actually worked.
Flexible Working Hours The Employer will, where operational requirements and efficiency of the service permit, authorize experiments with flexible working hours if the Employer is satisfied that an adequate number of Employees have requested and wish to participate in such an experiment.
HOLIDAY COMPENSATION FOR TIME WORKED Employees required by their respective appointing officers to work on any of the above specified or substitute holidays, excepting Fridays observed as holidays in lieu of holidays falling on Saturday, shall be paid extra compensation of one additional day's pay at time- and-one-half the usual rate in the amount of 12 hours pay for 8 hours worked or a proportionate amount for less than 8 hours worked provided, however, that at the employee's request and with the approval of the appointing officer, an employee may be granted compensatory time off in lieu of paid overtime as provided for elsewhere in this contract. 127. Executive, administrative and professional employees designated in the Annual Salary Ordinance with the "Z" symbol shall not receive extra compensation for holiday work but may be granted time off equivalent to the time worked at the rate of-one-and-one-half times for work on the holiday.
Employee Training The Provider shall provide periodic security training to those of its employees who operate or have access to the system. Further, Provider shall provide LEA with contact information of an employee who LEA may contact if there are any security concerns or questions.
Overtime for Part-Time Employees
(a) A part-time employee working less than the normal hours per day of a full-time employee, and who is required to work longer than their regular workday, shall be paid at the rate of straight-time for the hours so worked, up to and including the normal hours in the workday of a full-time employee.
(b) A part-time employee working less than the normal days per week of a full-time employee, and who is required to work other than their regularly scheduled workdays, shall be paid at the rate of straight-time for the days so worked up to and including the normal workdays in the workweek of a full-time employee.
(c) Overtime rates shall apply to hours worked in excess of (a) and (b) above.
Employees; Benefit Plans (a) During the period commencing at the Effective Time and ending on the date which is FIVE (“5”) months from the Effective Time (or if earlier, the date of the employee's termination of employment with Parent and its Subsidiaries), Parent shall cause the Surviving Corporation and each of its Subsidiaries, as applicable, to provide the employees of the Company and its Subsidiaries who remain employed immediately after the Effective Time (collectively, the "Company Continuing Employees") with base salary, target bonus opportunities (excluding equity-based compensation), and employee benefits that are, in the aggregate, no less favorable than the base salary, target bonus opportunities (excluding equity-based compensation), and employee benefits provided by the Company and its Subsidiaries on the date of this Agreement.
(b) With respect to any "employee benefit plan" as defined in Section 3(3) of ERISA maintained by Parent or any of its Subsidiaries, excluding both any retiree healthcare plans or programs maintained by Parent or any of its Subsidiaries and any equity compensation arrangements maintained by Parent or any of its Subsidiaries (collectively, "Parent Benefit Plans") in which any Company Continuing Employees will participate effective as of the Effective Time, Parent shall, or shall cause the Surviving Corporation to, recognize all service of the Company Continuing Employees with the Company or any of its Subsidiaries, as the case may be as if such service were with Parent, for vesting and eligibility purposes (but not for (i) purposes of early retirement subsidies under any Parent Benefit Plan that is a defined benefit pension plan or (ii) benefit accrual purposes, except for vacation, if applicable) in any Parent Benefit Plan in which such Company Continuing Employees may be eligible to participate after the Effective Time; (iii) Continuing Company shall honor all consulting or advisory agreement previously entered into, or employment pending equity awards stock options or warrants to purchase equity based upon performance. provided, that such service shall not be recognized to the extent that (A) such recognition would result in a duplication of benefits or (B) such service was not recognized under the corresponding Company Employee Plan.
(c) This Section 5.07 shall be binding upon and inure solely to the benefit of each of the parties to this Agreement, and nothing in this Section 5.07, express or implied, shall confer upon any other Person any rights or remedies of any nature whatsoever under or by reason of this Section 5.07. Nothing contained herein, express or implied (i) shall be construed to establish, amend or modify any benefit plan, program, agreement or arrangement or (ii) shall alter or limit the ability of the Surviving Corporation, Parent or any of their respective Affiliates to amend, modify or terminate any benefit plan, program, agreement or arrangement at any time assumed, established, sponsored or maintained by any of them. The parties hereto acknowledge and agree that the terms set forth in this Section 5.07 shall not create any right in any Company Employee or any other Person to any continued employment with the Surviving Corporation, Parent or any of their respective Subsidiaries or compensation or benefits of any nature or kind whatsoever.
(d) With respect to matters described in this Section 5.07, the Company will not send any written notices or other written communication materials to Company Employees without the prior written consent of Parent.
