Common use of Personal Necessity Absence Clause in Contracts

Personal Necessity Absence. Subject to the limits set forth below, an employee shall be granted a paid personal necessity absence when the situations described below require the personal attention of the employee during assigned hours of service. a. Death of a close friend or relative not included in the definition of immediate family; “immediate family” for purpose of this Rule shall be as defined in 2.0 above. b. Death of a member of the employee’s immediate family, when time in excess of that provided in 2.0 above is required. c. Serious illness of a member of the employee’s immediate family. d. Accident involving the employee’s person or property or property of a member of the employee’s immediate family. e. Birth of a child to the wife of an employee, or adoption of a child by the employee. f. Religious holiday of the employee’s faith. g. Imminent danger to the home of an employee occasioned by a disaster such as flood, fire, or earthquake. h. Other significant event of a compelling nature to the employee, the gravity of which is comparable to the above, which demands the personal attention of the employee during assigned hours and which the employee cannot reasonably be expected to disregard, limited to two (2) occasions in any school year. i. An appearance of the employee in court as a litigant; each date of necessary attendance as litigant must be certified by the clerk of the court; the employee must return to work in cases where it is not necessary to be absent the entire day. j. An appearance of the employee in court or governmental agency as a non-litigant witness under subpoena. a. Each day of necessary attendance as a witness must be certified by an authorized officer of the court or other governmental jurisdiction. b. In any case in which a witness fee is payable, such fee shall be collected by the employee and remitted to the Accounting and Disbursements Division. c. The employee must return to work in cases where it is not necessary to be absent the entire day. k. Conference or convention attendance pursuant to Section 10.0 below. l. Attendance at the classroom of the employee’s own child or xxxx and meeting with the school administrator because of suspension as required by Section 48900.1 of the Education Code. m. Up to four hours of paid personal necessity leave (and up to thirty- six additional hours of accrued vacation or unpaid leave) not to exceed a total of eight (8) hours per calendar month, forty (40) hours per school year for attendance at the school of the employee’s own child, xxxx, or grandchild for purposes of a school activities leave provided by Section 230.8 or the Labor Code. The employee must notify the immediate administrator at least five working days prior to the absence. The administrator and employee must provide written verification from the school visited, upon request of the administrator or designee. n. An employee shall be allowed up to six additional days of personnel necessity leave in any calendar year to attend to the illness of a child, parent or spouse of the employee as provided by Section 233 of the Labor Code. All existing contractual conditions for use of illness leave shall apply to this leave as well. o. For the purpose of a comprehensive physical examination during non-instructional or another time approved by your administrator provided that the verification of such an examination is submitted to the District. Use of illness leave as provided above shall not extend the maximum period of leave to which an employee is entitled under 16.0 below, Family Care and Medical Leave. 5.1 The following limits and conditions are placed upon allowing a personal necessity absence and personal necessity absence salary.

Personal Necessity Absence. Subject to the limits set forth below, an employee shall be granted a paid personal necessity absence when the situations described below require the personal attention of the employee during assigned hours of service. a. Death of a close friend or relative not included in the definition of immediate family; “immediate family” for purpose of this Rule shall be as defined in 2.0 above. b. Death of a member of the employee’s immediate family, when time in excess of that provided in 2.0 above is required. c. Serious illness of a member of the employee’s immediate family. d. Accident involving the employee’s person or property or property of a member of the employee’s immediate family. e. Birth of a child to the wife of an employee, or adoption of a child by the employee. f. Religious holiday of the employee’s faith. g. Imminent danger to the home of an employee occasioned by a disaster such as flood, fire, or earthquake. h. Other significant event of a compelling nature to the employee, the gravity of which is comparable to the above, which demands the personal attention of the employee during assigned hours and which the employee cannot reasonably be expected to disregard, limited to two (2) occasions in any school year. i. An appearance of the employee in court as a litigant; each date of necessary attendance as litigant must be certified by the clerk of the court; the employee must return to work in cases where it is not necessary to be absent the entire day. j. i. An appearance of the employee in court or governmental agency as a non-litigant witness under subpoena. a. (1) Each day of necessary attendance as a witness must be certified by an authorized officer of the court or other governmental jurisdiction. b. (2) In any case in which a witness fee is payable, such fee shall be collected by the employee and remitted to the Accounting and Disbursements Division. c. (3) The employee must return to work in cases where it is not necessary to be absent the entire day. k. j. Conference or convention attendance pursuant to Section 10.0 below. l. k. Attendance at the classroom of the employee’s own child or xxxx and meeting with the school administrator because of suspension as required by Section 48900.1 of the Education Code. m. l. Up to four hours of paid personal necessity leave (and up to thirty- thirty-six additional hours of accrued vacation or unpaid leave) not to exceed a total of eight (8) hours per calendar month, forty (40) hours per school year for attendance at the school of the employee’s own child, xxxx, or grandchild for purposes of a school activities leave provided by Section 230.8 or the Labor Code. The employee must notify the immediate administrator at least five working days prior to the absence. The administrator and employee must provide written verification from the school visited, upon request of the administrator or designee. n. m. An employee shall be allowed up to six additional days of personnel necessity leave in any calendar year to attend to the illness of a child, parent or spouse of the employee as provided by Section 233 of the Labor Code. All existing contractual conditions for use of illness leave shall apply to this leave as well. o. For the purpose of a comprehensive physical examination during non-instructional or another time approved by your administrator provided that the verification of such an examination is submitted to the District. Use of illness leave as provided above shall not extend the maximum period of leave to which an employee is entitled under 16.0 below, Family Care and Medical Leave. 5.1 The following limits and conditions are placed upon allowing a personal necessity absence and personal necessity absence salary. a. The total number of days allowed in one school year for such absence or absences shall not exceed six days for an employee eligible for illness absence salary. b. The days allowed shall be deducted from and may not exceed the number of accrued full-pay illness days to which the employee is entitled. c. The personal necessity absence shall not be granted during a strike, demonstration or any work stoppage activities. d. The employee shall be required to sign, on a form provided, a statement that such absence was due to a personal necessity and to indicate the nature of such necessity. Such statement shall be filed with the immediate administrator no less than five working days in advance of a religious holiday or court appearance. The immediate administrator shall take whatever steps are reasonably necessary to become satisfied that a personal necessity within the limits of this Section did exist.