Maternity/Paternity/Adoption Leave. 4.05.1 Leave without pay for a period not to extend beyond two (2) complete school years may be granted teachers requesting maternity, paternity, or adoption leave, hereinafter referred to as parental leave. The two (2) school year limitation of said leave, both paid and unpaid, shall commence with the delivery of a baby or adoption of a child eighteen (18) years of age or younger. 4.05.2 Application for parental leave should be made at least forty-five (45) days prior to the beginning of such leave. The employee's failure to make timely application may be grounds for denying/delaying approval of parental leave, depending on the operational needs of the district. If, due to unforeseen circumstances, it is not possible to comply with the foregoing notice provision, the teacher shall give the maximum notice possible under the circumstances. 4.05.3 Teachers on these leaves may continue their hospitalization and other benefits for the duration of said leave providing they reimburse the Board the premium cost. These teachers shall notify the Treasurer's office in writing of their decision to continue these benefits and shall forward to the Treasurer, monthly or bi-monthly as required, advance payment for those fringe benefits they elect to continue. 4.05.4 Upon return from approved leave at the time set forth in the application, the teacher shall be entitled to reinstatement to the same position which he/she held prior to the leave or the substantial equivalent, provided the teacher has been evaluated and on the basis of the evaluation would be recommended for reemployment. If the teacher's former position is no longer in existence, the teacher will be assigned to a substantially equivalent position for which the teacher is certified/licensed. This teacher may also select the option of applying for any available position for which he/she is certified/licensed. 4.05.5 Reinstatement from maternity/paternity/adoption leaves shall be at the beginning of each school semester. If a teacher desires to return to active service prior to the stated date in the application for leave, the teacher may do so with the approval of the Superintendent. If early return is granted the teacher shall be assigned to the same assignment held prior to such leave or to a substantially equivalent position. At the expiration of the leave period as originally granted, the teacher shall be reinstated on the same terms and conditions as though he/she returned from leave at the time set forth in the application. 4.05.6 The Board recognizes that although pregnancy is not in itself a disability, it can contribute to a disability. Disability due to pregnancy or childbirth shall be considered on the same terms and conditions as applied to other temporary disabilities and shall require a physician's verification.
Appears in 9 contracts
Samples: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement
Maternity/Paternity/Adoption Leave. 4.05.1 Leave without pay The Board provides for voluntary maternity/paternity/adoption leave for all teachers. A teacher who requests maternity/paternity/adoption leave agrees to the following provisions in addition to those listed for unpaid leaves:
a. A teacher who is unable to work due to a period not disability caused or contributed to extend beyond two (2) complete school years by pregnancy, childbirth, or related medical conditions may utilize available sick leave for such absences in the same manner as it may be granted teachers requesting maternityused for any other sickness or disability. In the event a teacher selects this option, paternitya teacher shall return to work when medically able to do so.
b. A teacher who is an “eligible” employee as defined in the Family and Medical Leave Act of 1993, is entitled to elect to take up to twelve (12) workweeks of unpaid parental leave because of the birth of a son or adoption leave, hereinafter referred to as parental leave. The two (2) school year limitation daughter or because of said leave, both paid and unpaid, shall commence the placement of a son or daughter with the delivery employee for adoption. A teacher shall provide at least thirty (30) days advance notice of a baby the intention to take leave under this Part 1.b except that if the date of birth or placement requires the leave to begin in less than thirty (30) days, the employee shall provide such notice as is practicable. This parental leave must be taken within the 12-month period beginning on the date of birth or placement for adoption. This parental leave shall not be taken intermittently without the written consent of the Superintendent. Paid sick leave may be substituted for unpaid leave under this Section 1.b, provided that no more than thirty (30) days of paid sick leave may be used in the case of adoption of a child eighteen by the employee or his or her spouse. Any paid sick leave used by a teacher shall constitute part of the twelve (18) years of age or younger.
4.05.2 Application for 12)-week parental leave should provided for herein. Unless available paid sick leave is substituted, parental leave under this Part 1.b shall be made at least forty-five (45) days without pay and no benefits shall accrue during the period of leave. However, a teacher shall not lose any benefits accrued prior to the beginning date on which the leave began. During the period of such leave. The employee's failure to make timely application may be grounds for denying/delaying approval of parental this leave, depending on the operational needs District shall maintain the teacher’s coverage under any applicable group health plan for the twelve (12) workweek or shorter duration of the district. If, due to unforeseen circumstances, it is not possible to comply with the foregoing notice provision, the teacher shall give the maximum notice possible under the circumstances.
4.05.3 Teachers on these leaves may continue their hospitalization and other benefits for the duration of said leave providing they reimburse the Board the premium cost. These teachers shall notify the Treasurer's office in writing of their decision to continue these benefits and shall forward to the Treasurer, monthly or bi-monthly as required, advance payment for those fringe benefits they elect to continue.
4.05.4 Upon return from approved leave at the time set forth in level and under the applicationconditions of coverage that would have been provided if the teacher had continued to work during the period of leave. Pursuant to the provisions of the Family and Medical Leave Act of 1993, the District reserves the right to recover any insurance premiums paid for the period should the teacher shall be entitled fail to reinstatement return to work at the expiration of the leave period, except if the failure to return to work is because of the continuation, recurrence or onset of a serious health condition or other conditions beyond the control of the employee. When a teacher returns from this leave, the administration will give first consideration to returning the teacher to the same position which he/she held prior to the leave. However, the administration may assign him/her to a different, similar available position if deemed to be in the best interest of the School District. A teacher on leave hereunder shall be subject to dismissal due to reduction in force on the same terms as teachers not on leave.
c. As an alternative to the leaves provided in Part 1.a and Part 1.b above, a tenured teacher may be granted an unpaid long-term parental leave subject to the below listed conditions and limitations. Teachers may either use paid sick leave for disability due to delivery of a child pursuant to Part 1.a above and return to work when the disability ends or elect a twelve (12) workweek leave pursuant to Part 1.b above or instead, a tenured teacher may elect to take a long-term parental leave under this Part
1. c as provided below. The three parts hereunder are mutually exclusive and a teacher may elect only one (1) of the three available types of maternity/parental/adoption leave. A teacher who takes a leave under Part 1.a or Part
1. b may not take a leave under Part 1.c.
(1) All requests for unpaid long-term parental leaves must be submitted in writing to the Superintendent at least three (3) months prior to the anticipated beginning date of the leave unless circumstances later require the leave to begin sooner. The leave shall begin at a mutually agreeable date but, in any event, no later than the date of delivery or the substantial equivalent, provided the teacher has been evaluated and on the basis date of placement of an adopted child.
(2) The duration of the evaluation would leave shall be recommended for reemployment. If the teacher's former position is no longer remainder of the school term in existencewhich it begins, the teacher plus one (1) additional school term, if requested; return will be assigned to a substantially equivalent position for which the teacher is certified/licensed. This teacher may also select the option of applying for any available position for which he/she is certified/licensed.
4.05.5 Reinstatement from maternity/paternity/adoption leaves shall be at the beginning of each the school semesterterm. If A teacher may request a one (1) year extension of an unpaid long-term parental leave by making written request to the Superintendent prior to January 1st to be eligible for consideration for an extension during the next school term. The decision of the Superintendent to approve or not to approve a request for extension in unpaid long-term parental leave shall not be precedential in future request for extensions and is not grievable.
(3) A teacher desires on long-term parental leave must notify the Superintendent, in writing, between January 1st and March 1st regarding intention to return to active service prior the District at the beginning of the following school term. The notice of intention to return must be received by the stated date Superintendent within the time provided above; if not so received, the teacher may be deemed to have resigned from employment.
(4) While on unpaid long-term parental leave, a teacher may continue to participate in the application District insurance plan in the same manner of participation as would be afforded to a teacher receiving an unpaid leave of absence for any other purpose. While on an unpaid leave, the teacher may do so with must pay the approval full premium cost to continue participating, provided, however, that for an unpaid long-term parental leave the District shall maintain the teacher’s coverage under any applicable group health insurance plan for a period of three (3) months from the commencement of the Superintendentleave or the date of delivery, whichever occurs first, under the same terms and conditions that would have applied if the teacher had continued to work.
(5) Upon return from the leave, the administration will give first consideration to returning the teacher to the same position he/she held prior to the leave. If early return is granted However, the administration may assign him/her to a different, similar available position if deemed to be in the best interest of the School District.
(6) A teacher shall be assigned permitted to retain all unused sick leave accrued as of the same assignment held prior to such leave or to a substantially equivalent position. At the expiration date of the leave period as originally granted, but shall not accumulate sick leave while on the leave.
(7) A teacher shall be reinstated on long-term parental leave is subject to dismissal due to reduction in force on the same terms and conditions as though he/she returned from leave at the time set forth in the applicationteachers not on leave.
4.05.6 d. The Board recognizes that although pregnancy is not in itself a disability, it can contribute provisions of Parts 1.b and 1.c above shall apply to a disabilityinstances of child adoption by teachers. Disability due The leave for adoption must commence as soon as the child has been released to pregnancy or childbirth shall be considered on the same terms and conditions as applied to other temporary disabilities and shall require a physician's verificationcare of the adopting employee.
Appears in 1 contract
Samples: Master Agreement
Maternity/Paternity/Adoption Leave. 4.05.1 17 a. A teacher shall be granted an unpaid maternity leave of absence for childbirth as provided 18 for under the Family & Medical Leave without Act of 1993. After the child is born, a member may 19 use accumulated sick leave for the period of time determined by the member’s physician.
20 b. A teacher will be granted, upon request, all or some of her accumulated sick leave with 21 pay while pregnant or immediately following termination of pregnancy. The Board of 22 Education reserves the right to have the teacher see a Board of Education appointed 23 doctor.
24 c. A teacher shall be granted, upon request, unpaid maternity/paternity leave for a period not the 25 remaining part of the year in which she/he begins the leave, except when an earlier return 26 is agreed to extend beyond two (2) complete school years by the teacher and the Superintendent or designee at the commencement of 27 the leave. At the teacher’s option parental leave may be granted teachers requesting maternityannually extended for up to an 28 additional two school years. The second or third year cannot be a portion of a school year, paternity, 29 except when agreed to by the Superintendent or designee. Written notification indicating 30 the school year the teacher will return to service shall be stated to the Superintendent or 31 designee no later than February 1st unless the delivery or adoption leaveoccurred subsequent to 32 February 1st, hereinafter referred in which case the teacher shall have until July 1st to as parental leavenotify the Superintendent 33 or designee of his/her intent for the coming school year. If the delivery/adoption occurs in 34 February or June, the teacher must notify the Superintendent or designee of his/her intent 35 for the coming school year no later than April 1st or August 1st respectively. If the letter of 36 intent is not received by the dates specified, it will be assumed that the teacher on leave is 37 returning to employment with the Board. The two effective date for such maternity leave shall 38 be determined by her physician. The teacher shall notify the Superintendent or designee 39 at least (230) school year limitation days in advance of the effective date of said leave. When such notice cannot 40 be given, both paid and unpaid, the Superintendent or designee shall commence with immediately be notified of the delivery date of said 41 leave by the attending physician.
42 d. If a return from maternity leave falls within the last 5 days before the end of a baby or adoption grading 43 period, the member may submit a request to Personnel for the use of a child eighteen (18) years of age or youngerup to 5 additional 44 days charged to sick leave.
4.05.2 Application for parental leave should be made at least forty-five (45) days prior 45 e. If the teacher elects to purchase the beginning of such leave. The employee's failure to make timely application may be grounds for denying/delaying approval of parental leave, depending on service credit under the operational needs provisions of the district. If, due to unforeseen circumstances, it is not possible to comply with the foregoing notice provision, the teacher shall give the maximum notice possible under the circumstances.
4.05.3 Teachers on these leaves may continue their hospitalization and other benefits for the duration of said leave providing they reimburse the Board the premium cost. These teachers shall notify the Treasurer's office in writing of their decision to continue these benefits and shall forward to the Treasurer, monthly or bi-monthly as required, advance payment for those fringe benefits they elect to continue.
4.05.4 Upon return from approved leave at the time set forth in the application, the teacher shall be entitled to reinstatement to the same position which he/she held prior to the leave or the substantial equivalent, provided the teacher has been evaluated and on the basis of the evaluation would be recommended for reemployment. If the teacher's former position is no longer in existence, the teacher will be assigned to a substantially equivalent position for which the teacher is certified/licensed. This teacher may also select the option of applying for any available position for which he/she is certified/licensed.
4.05.5 Reinstatement from maternity/paternity/adoption leaves shall be at the beginning of each school semester. If a teacher desires to return to active service prior to the stated date in the application for leave, the teacher may do so with the approval of the Superintendent. If early return is granted the teacher shall be assigned to the same assignment held prior to such leave or to a substantially equivalent position. At the expiration of the leave period as originally granted, the teacher shall be reinstated on the same terms and conditions as though he/she returned from leave at the time set forth in the application.
4.05.6 The Board recognizes that although pregnancy is not in itself a disability, it can contribute to a disability. Disability due to pregnancy or childbirth shall be considered on the same terms and conditions as applied to other temporary disabilities and shall require a physician's verification.State
Appears in 1 contract
Samples: Collective Bargaining Agreement
Maternity/Paternity/Adoption Leave. 4.05.1 The Board provides for voluntary maternity/paternity/adoption leave for contractual continued service teachers. A teacher who requests maternity/paternity/adoption leave agrees to the following provisions in addition to those listed for unpaid leaves:
a. A teacher who is unable to work due to a disability caused or contributed to by pregnancy, childbirth, or related medical conditions may utilize available sick leave for such absences in the same manner as it may be used for any other sickness or disability. In the event a teacher selects this option, a teacher shall return to work when medically able to do so.
b. A teacher who is an “eligible” employee as defined in the Family and Medical Leave Act of 1993, is entitled to elect to take up to twelve (12) workweeks of parental leave because of the birth of a son or daughter or because of the placement of a son or daughter with the employee for adoption. A teacher shall provide at least thirty (30) days advance notice of the intention to take leave under this Part b except that if the date of birth or placement requires the leave to begin in less than twelve (30) days, the employee shall provide such notice as is practicable. This parental leave must be taken within the twelve (12)-month period beginning on the date of birth or placement for adoption. This parental leave shall not be taken intermittently without the written consent of the Superintendent. Any paid sick leave used by a teacher due to disability caused or contributed to by pregnancy, childbirth, or related medical conditions shall constitute part of the twelve (12)-week parental leave provided for herein. Parental leave under this Part b shall be without pay for a and no benefits shall accrue during the period not to extend beyond two (2) complete school years may be granted teachers requesting maternity, paternity, or adoption leave, hereinafter referred to as parental of leave. The two (2) school year limitation of said leaveHowever, both paid and unpaid, a teacher shall commence with the delivery of a baby or adoption of a child eighteen (18) years of age or younger.
4.05.2 Application for parental leave should be made at least forty-five (45) days not lose any benefits accrued prior to the beginning date on which the leave began. During the period of such leave. The employee's failure to make timely application may be grounds for denying/delaying approval of parental this leave, depending on the operational needs District shall maintain the teacher’s coverage under any applicable group health plan for the twelve (12) workweek or shorter duration of the district. If, due to unforeseen circumstances, it is not possible to comply with the foregoing notice provision, the teacher shall give the maximum notice possible under the circumstances.
4.05.3 Teachers on these leaves may continue their hospitalization and other benefits for the duration of said leave providing they reimburse the Board the premium cost. These teachers shall notify the Treasurer's office in writing of their decision to continue these benefits and shall forward to the Treasurer, monthly or bi-monthly as required, advance payment for those fringe benefits they elect to continue.
4.05.4 Upon return from approved leave at the time set forth in level and under the applicationconditions of coverage that would have been provided if the teacher had continued to work during the period of leave. Pursuant to the provisions of the Family and Medical Leave Act of 1993, the District reserves the right to recover any insurance premiums paid for the period should the teacher shall be entitled fail to reinstatement return to work at the expiration of the leave period, except if the failure to return to work is because of the continuation, recurrence, or onset of a serious health condition or other conditions beyond the control of the employee. When a teacher returns from this leave, the administration will give first consideration to returning the teacher to the same position which he/she held prior to the leave. However, the administration may assign him/her to a different, similar available position if deemed to be in the best interest of the School District. A teacher on leave hereunder shall be subject to dismissal due to reduction in force on the same terms as teachers not on leave.
c. As an alternative to the leaves provided in Part a and Part b above, a tenured teacher may be granted an unpaid long-term parental leave subject to the below listed conditions and limitations. Teachers may either use paid sick leave for disability due to delivery of a child pursuant to Part a above and return to work when the disability ends or elect a twelve (12) workweek leave pursuant to Part b above or instead, a tenured teacher may elect to take a long-term parental leave under this Part c as provided below.
(1) All requests for unpaid long-term parental leaves must be submitted in writing to the Superintendent at least three (3) months prior to the anticipated beginning date of the leave unless circumstances later require the leave to begin sooner. The leave shall begin at a mutually agreeable date, but, in any event, no later than the date of delivery or the substantial equivalent, provided the teacher has been evaluated and on the basis date of placement of an adopted child.
(2) The duration of the evaluation would leave shall be recommended for reemployment. If the teacher's former position is no longer remainder of the school term in existencewhich it begins, the teacher plus one (1) additional school term, if requested; return will be assigned to a substantially equivalent position for which the teacher is certified/licensed. This teacher may also select the option of applying for any available position for which he/she is certified/licensed.
4.05.5 Reinstatement from maternity/paternity/adoption leaves shall be at the beginning of each the school semesterterm. If A teacher may request a one (1) year extension of an unpaid long-term parental leave by making written request to the Superintendent prior to January 1st to be eligible for consideration for an extension during the next school term. The decision of the Superintendent to approve or not to approve a request for extension in unpaid long-term parental leave shall not be precedential in future request for extensions and is not grievable.
(3) A teacher desires on long-term parental leave must notify the Superintendent in writing,between January 1st and March 1st regarding intention to return to active service prior to the stated date in District at the application for leave, the teacher may do so with the approval beginning of the Superintendentfollowing school term. If early The notice of intention to return is granted must be received by the teacher shall be assigned to Superintendent within the same assignment held prior to such leave or to a substantially equivalent position. At the expiration of the leave period as originally grantedtime provided above; if not so received, the teacher shall be reinstated deemed to have resigned from employment.
(4) While on unpaid long-term parental leave, a teacher may continue to participate in the District insurance plan in the same manner of participation as would be afforded to a teacher receiving an unpaid leave of absence for any other purpose. While on an unpaid leave, the teacher must pay the full premium cost to continue participating, provided, however, that for an unpaid long-term parental leave the District shall maintain the teacher’s coverage under any applicable group health insurance plan for a period of three (3) months from the commencement of the leave or the date of delivery, whichever occurs first, under the same terms and conditions that would have applied if the teacher had continued to work.
(5) Upon return from the leave, the administration will give first consideration to returning the teacher to the same position he/she held prior to the leave. However, the administration may assign him/her to a different, similar available position if deemed to be in the best interest of the School District.
(6) A teacher shall be permitted to retain all unused sick leave accrued as of the date of the leave but shall not accumulate sick leave while on the leave.
(7) A teacher on long-term parental leave is subject to dismissal due to reduction in force on the same terms and conditions as though he/she returned from leave at the time set forth in the applicationteachers not on leave.
4.05.6 d. The Board recognizes that although pregnancy is not in itself a disability, it can contribute provisions of Parts b and c above shall apply to a disabilityinstances of child adoption by teachers. Disability due The leave for adoption must commence as soon as the child has been released to pregnancy or childbirth shall be considered on the same terms and conditions as applied to other temporary disabilities and shall require a physician's verificationcare of the adopting employee.
Appears in 1 contract
Samples: Master Agreement
Maternity/Paternity/Adoption Leave. 4.05.1 Leave 10.01 All female teachers shall be eligible for maternity leave absence without pay for in accordance with the Employment Standards Act.
10.02 Maternity leave without pay up to a period not maximum of one (1) School year shall be granted to extend beyond two (2) complete school years a permanent teacher provided such leave shall terminate only at the end of the School year or at December 31st. Such teacher must give notice by April 1st, of her intent to return the following September or January. Such leave may be extended at the discretion of the School. A teacher on such leave shall be granted teachers requesting maternityteaching experience for purposes of increment as set out in Articles 6.03, paternity, or adoption leave, hereinafter referred 6.04 and 6.05 for up to as parental seventeen (17) weeks of such maternity leave. In addition, the School shall continue to make normal contributions, on behalf of such teacher, for benefits as set out in Article 11.01(a) for up to seventeen (17) weeks of such maternity leave.
10.03 The two (2) school year limitation School shall be informed of said leave, both paid and unpaid, shall commence with the delivery pregnancy of a baby or adoption of a child eighteen teacher as soon as possible, but no later than ninety (18) years of age or younger.
4.05.2 Application for parental leave should be made at least forty-five (4590) days prior to before the beginning of such leavethe leave of absence. The employeetime of leaving shall be agreed upon by the teacher and the School based upon the best interests of the School and the teacher. In the case of a conflict, a mutually acceptable obstetrician's failure to make timely application may advice shall be grounds for denying/delaying approval sought.
10.04 Following the granting of parental an extended maternity leave, depending on the operational needs of the district. If, due to unforeseen circumstances, it is not possible to comply with the foregoing notice provision, the a teacher shall give the maximum notice possible under the circumstances.
4.05.3 Teachers on these leaves may continue their hospitalization and other benefits for the duration of said leave providing they reimburse the Board the premium cost. These teachers shall must notify the Treasurer's office School in writing of their decision her intention to continue these benefits and return to her position for the following School year but no later than April 1st. In the event that the School is not notified by April 1st of the teacher's plan to return, the School shall forward have no obligation to reinstate such teacher. In the Treasurerevent that a teacher notifies the School of her intention to return, monthly or bi-monthly as required, advance payment for those fringe benefits they elect to continue.
4.05.4 Upon return from approved leave at the time set forth in the applicationbut does not return, the teacher shall be entitled deemed to reinstatement to the same position which he/she held prior to the leave or the substantial equivalent, provided the teacher has been evaluated and on the basis of the evaluation would be recommended for reemployment. If the teacher's former position is no longer in existence, the teacher will be assigned to a substantially equivalent position for which the teacher is certified/licensed. This teacher may also select the option of applying for any available position for which he/she is certified/licensedhave terminated her employment.
4.05.5 Reinstatement from maternity/paternity/adoption leaves 10.05 All female teachers shall be at eligible for adoption leave of absence for a period of up to thirty (30) calendar days without pay. The teacher and the beginning School will attempt to agree on a mutually acceptable period, but where it is apparent that the adoption date cannot be postponed, such period shall commence immediately upon the child becoming available for adoption, and being taken home. Two of each school semester. If a teacher desires to return to active service prior to the stated date in the application for leave, the teacher may do so with the approval of the Superintendent. If early return is granted the teacher these days shall be assigned to the same assignment held prior to such leave or to a substantially equivalent position. At the expiration granted without loss of the leave period as originally granted, the teacher pay.
10.06 All male teachers shall be reinstated on the same terms and conditions as though he/she returned from granted a paternity leave of absence for a period not exceeding two (2) days with pay at the time set forth in the applicationof birth or adoption of his child. In addition, such teacher may request up to three (3) additional days of paternity leave without pay. Such leave shall not be unreasonably denied.
4.05.6 The Board recognizes that although pregnancy is not in itself a disability, it can contribute to a disability. Disability due to pregnancy or childbirth shall be considered on the same terms and conditions as applied to other temporary disabilities and shall require a physician's verification.
Appears in 1 contract
Samples: Collective Agreement