Sick Leave Abuse When the Employer suspects sick leave abuse, the employee will be provided the opportunity to explain the circumstances surrounding their sick leave use prior to disciplining the employee, or making reference to sick leave use in the employee’s performance evaluation. The Employer may not adopt or enforce any policy that counts the use of paid sick leave time as an absence that may lead to or result in disciplinary action for an authorized purpose. The Employer may not discriminate or retaliate against an employee for the use of paid sick leave for an authorized purpose.
Sick Leave Use An employee shall be granted sick leave with pay to the extent of the employee's accumulation for absences necessitated by the following conditions:
Annual Leave Loading During a period of annual leave an employee will receive a loading of 17.5 per cent calculated on the employee’s normal hourly rate of pay and the daily fares allowance if applicable. The loading will also apply to proportionate leave on lawful termination.
Sick Leave Separation Cash Out At the time of retirement from state service or at death, an eligible employee or the employee’s estate will receive cash for their compensable sick leave balance on a one (1) hour for four (4) hours basis. For the purposes of this Section, retirement will not include “vested out of service” employees who leave funds on deposit with the retirement system.
BEREAVEMENT/TANGIHANGA LEAVE 18.1 The employer shall approve special bereavement leave on pay for an employee to discharge any obligation and/or to pay respects to a deceased person with whom the employee has had a close association. Such obligations may exist because of blood or family ties or because of particular cultural requirements such as attendance at all or part of a tangihanga (or its equivalent). The length of time off shall be at the discretion of the employer.
18.2 If a bereavement occurs while an employee is absent on annual leave, sick leave on pay, or other special leave on pay, such leave may be interrupted and bereavement leave granted in terms of 18.1 above. This provision will not apply if the employee is on leave without pay.
18.3 In granting time off and for how long, the employer must administer these provisions in a culturally sensitive manner.
Sick Leave Donation 10.3.1 A worker may donate days of sick leave to individual District workers who, due to a serious health condition, have exhausted all accumulated sick leave. Donating workers must retain a sixty (60) day balance of sick leave after their donation. No worker may receive more than 40 days of donated leave per year.
10.3.1.1 A “serious health condition” is defined as an illness, injury, impairment or physical or mental condition which involves inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or continuing supervision by a health care provider as defined in 29 USC 825.114(a) and as certified by a worker’s physician or other qualified medical practitioner.
10.3.1.2 The Vice Chancellor of Human Resources and the Chief Stewards by mutual agreement will verify the certification for eligibility. If the certification from the worker’s physician is insufficient, a certification by a physician of the District’s choosing may be required, at District expense. The District may require additional medical opinions.
10.3.2 Donated leave must be in one-day increments (no less than 8 hours). Recipients of donated sick leave shall be solely responsible for any state and federal taxes on the donated time. Such taxes shall be withheld at the normal rate for the recipient worker. In the event that the state or federal governments rule that tax liability is due other than as taxed, the recipient shall be solely liable for such liabilities.
10.3.2.1 The donated sick leave may be used only when the worker has exhausted accumulated sick leave and either is not eligible for long- term disability or is eligible but has not begun to receive the long-term coverage.
10.3.2.2 The Vice Chancellor of Human Resources shall be notified of solicitation of donations. Solicitations of donations may be made by the individual or his/her representative(s).
10.3.2.3 Donation of sick leave shall be authorized by a signed pledge form prepared by and filed with the District Office of Human Resources. In the event several workers donate sick leave, the sick leave shall be used in the order in which the signed pledge forms are filed with Human Resources.
10.3.2.4 If the worker does not use all donated sick leave, the sick leave shall be returned to the donating worker(s).
Extended Leave of Absence Professional employees who have attained renewable contract status may request extended leaves of absence for one (1) year without pay under any one of the circumstances listed in this section. All requests for such extended leave of absence will be applied for and granted or rejected in writing. Such application will be reviewed by the principal and superintendent. If the latter approves, he/she will recommend that the leave be granted by the Board. An employee returning from an extended leave will be assigned to the same position as that which he/she held before assuming the leave, providing that position still exists. By mutual agreement between the employer and the employees, he/she may be given a different assignment. Extended leaves of absence may be requested under, but not limited to, the following:
1. To serve in a county, state, or national public office.
2. To care for a sick member of the immediate family.
3. To serve as an exchange teacher or an overseas teacher.
4. To accept a sabbatical leave.
Leave Donation An employee may donate vacation leave, sick leave, or personal holiday to another employee for purposes of the leave sharing program under the following conditions:
A. The College approves the employee’s request to donate a specified amount of vacation leave to an employee authorized to receive shared leave; and
1. The full-time employee’s request to donate leave will not cause their vacation leave balance to fall below eighty (80) hours. For part-time employees, requirements for vacation leave balances will be prorated; and
2. Employees may not donate excess vacation leave that they would not be able to take due to an approaching anniversary date; except when the request for vacation leave was denied and the vacation leave was deferred.
B. The College approves the employee’s request to donate a specified amount of sick leave to an employee authorized to receive shared leave. The employee’s request to donate leave will not cause their sick leave balance to fall below one hundred seventy-six (176) hours after the transfer.
C. The College approves the employee’s request to donate all or part of their personal holiday to an employee authorized to receive shared leave.
1. That portion of a personal holiday that is accrued, donated as shared leave, and then returned during the same calendar year to the donating employee, may be taken by the donating employee in full day increments.
2. An employee will be allowed to split the personal holiday only when donating a portion of the personal holiday to the shared leave program.
D. No employee may be intimidated, threatened, coerced, or financially induced into donating leave for purposes of this program.
Bereavement Leave With Pay 26.01 For the purpose of this Article, immediate family is defined as father, mother (or alternatively stepfather, stepmother, or xxxxxx parent), brother, sister, spouse (including common-law partner resident with the Employee), child (including child of common-law partner), stepchild or xxxx of the Employee, grandchild, grandparent, spouse’s parents or any relative permanently residing in the Employee's household or with whom the Employee permanently resides.
a) When a member of the Employee's immediate family dies, the Employee shall be granted leave with pay for a period up to five (5) days for purposes relating to the bereavement. In addition, they may be granted up to three (3) days' leave for the purpose of travel related to the death.
b) An Employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of their son-in-law, daughter-in-law, brother-in-law or sister-in-law, aunt or uncle.
c) If, during a period of sick leave, vacation leave or compensatory leave, an Employee is bereaved in circumstances under which they would have been eligible for bereavement leave with pay under paragraph a) or b) of this clause, the Employee shall be granted bereavement leave with pay and their sick leave, vacation leave or compensatory leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.
d) It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the Director of Human Resources and Organizational Effectiveness may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in clauses a) and b) above.
Leave Loading The employer and the individual employee must have genuinely made the agreement without coercion or duress.
