Common use of Personal Necessity Leave Clause in Contracts

Personal Necessity Leave. A maximum of six (6) full days (or proportionate number of hours for less than full time) of the faculty member's sick leave time shall be granted each fiscal year for Personal Necessity Leave within the following provisions: a. Death of a member of immediate family, if Xxxxxxxxxxx Leave (see Section 4F) is exhausted. b. Accident involving the faculty member's person or property, or the person or property of a member of the employee’s immediate family. Such accident must be serious in nature, involve circumstances the faculty member cannot reasonably be expected to disregard, and require the attention of the faculty during the member’s assigned hours of service. c. Appearance of the faculty member in court as a litigant. The faculty member must return to work in cases where it is not necessary to be absent the entire day. d. An appearance of the faculty member as a witness under an official governmental order for which salary is not allowed under this Section, provided that each date of necessary attendance under such order, other than the date specified in a subpoena, shall be certified by the Clerk or other authorized officer of a court or other governmental jurisdictions; in any case in which a witness' fee is payable, such fee shall be collected by the faculty member and remitted to the District Business Office; and the faculty member must return to work in cases where it is not necessary to be absent the entire day. e. A serious illness of the faculty member's immediate family, which under the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. Upon exhaustion of the faculty member's Personal Necessity Leave, the faculty member may use Sick Leave for this purpose. (Immediate family will include dependent children, spouse or domestic partner, elderly parents or grandparents. f. The birth of a child making it necessary for a faculty member who is a parent of the child to be absent from his/her position during assigned hours of service. g. Imminent danger to the home of a faculty member, occasioned by a factor such as flood or fire, which under the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. h. Any other significant event of personal necessity to the faculty member, which does not disrupt the normal operation of the District and which, in the faculty member's reasonable judgment, cannot reasonably be disregarded. This personal necessity provision (h) shall not be used during a labor dispute. i. The faculty member using Personal Necessity Leave under this Section affirms that the circumstances that necessitated the leave qualify under the terms of this section.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Personal Necessity Leave. A maximum Unit members shall be entitled to use up to seven (7) days of six paid sick leave in each school year in cases of personal necessity defined below. Unit members may use one (6) full days (or proportionate number of hours for less than full time1) of the faculty member's seven (7) annual days on a confidential basis for a reason set forth in paragraphs A through F below. The unit member shall be required to certify that he/she used the confidential day for a reason specified in subsections A-F, but shall not be required to state, with respect to the confidential day, which of the subsections applies. Personal necessity leave may be utilized by an employee who has sufficient sick leave time credit for circumstances which are serious in nature which cannot be expected to be disregarded, and which necessitate immediate attention, and cannot be dealt with during off-duty hours. The employee shall be granted submit a request for personal necessity leave approval on an Agency form to the immediate supervisor not less than five (5) working days prior to the beginning date of the leave. The prior approval requirement shall not apply to leave for purposes set forth in paragraphs A, B, and D. However, when prior approval is not required, the employee shall make every reasonable effort to comply with Agency procedures designed to secure substitutes, and shall notify the immediate supervisor of the expected duration of the absence. The Agency reserves the right to review each fiscal year for Personal Necessity Leave within the following provisions:request and to verify such request by any appropriate means. a. Death A. For purposes of this subsection only, death of a member of the immediate family, if Xxxxxxxxxxx Leave (see Section 4F) including registered domestic partners is exhausteddefined as mother, father, step-parents, husband, wife, son, daughter, step-children, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in- law, brother-in-law, sister-in-law, grandmother, grandfather, grandson, granddaughter, aunt, uncle, niece, or nephew of the unit member. b. Accident X. An accident involving the faculty member's person or property, or the person or property of the unit member or of a member of the employee’s member's immediate family, including registered domestic partners, as defined above. Such The accident must be serious in nature, involve circumstances of such an emergency nature that the faculty member cannot reasonably be expected to disregard, and require the attention immediate presence of the faculty unit member is required during the member’s assigned hours of serviceregular workday. c. C. Appearance of the faculty member in court as a litigant. The faculty member must return to work in cases where it is not necessary to be absent the entire day. d. An appearance of the faculty member , or as a witness under an official governmental order for which salary is not allowed under this Section, provided that each date of necessary attendance under such order, other than the date specified in a subpoena, shall be certified by the Clerk . X. Xxxxxxx or other authorized officer critical illness of a court or other governmental jurisdictions; in any case in which a witness' fee is payable, such fee shall be collected by the faculty member and remitted to the District Business Office; and the faculty member must return to work in cases where it is not necessary to be absent the entire day. e. A serious illness of the faculty unit member's immediate family, including registered domestic partners, as defined above, which under calls for services of a physician and is verified by the circumstances physician's statement. The illness must be of such an emergency nature that the faculty member cannot reasonably be expected to disregard and which requires the attention immediate presence of the faculty member employee is required during assigned hours of service. Upon exhaustion of the faculty member's Personal Necessity Leave, the faculty member may use Sick Leave for this purpose. (Immediate family will include dependent children, spouse or domestic partner, elderly parents or grandparents. f. The birth of a child making it necessary for a faculty member who is a parent of the child to be absent from his/her position during assigned hours of serviceregular work day. g. Imminent danger to the home of a faculty member, occasioned by a factor such as flood or fire, which under the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. h. Any other significant event of personal necessity to the faculty member, which does not disrupt the normal operation of the District and which, in the faculty member's reasonable judgment, cannot reasonably be disregarded. This personal necessity provision (h) shall not be used during a labor dispute. i. The faculty member using Personal Necessity Leave under this Section affirms that the circumstances that necessitated the leave qualify under the terms of this section.

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement (Cba), Collective Bargaining Agreement

Personal Necessity Leave. A maximum Leave which is credited under sick leave in this Agreement may be used, at the unit member’s election for purpose of six personal necessity, provided that use of such personal necessity leave does not exceed eight (68) days in any school year. Four (4) full days (or proportionate number of hours for less than full time) of the faculty member's regular sick leave time may be used for illness of family members or family emergency. 14.17.1 For purposes of this provision, personal necessity shall be granted each fiscal year for Personal Necessity Leave within the following provisionslimited to: a. A. Death of a member member(s) of employee’s immediate family; members include: the employee’s or the employee’s spouse’s; mother, if Xxxxxxxxxxx Leave (see Section 4F) is exhaustedfather, brother, sister, grandmother, grandfather, children or grandchildren; son-, daughter-, sister-or brother-in-law, aunts, uncles, nieces, nephews and spouse of the employee. In addition any person living in the immediate household of the employee shall be included. This leave shall be in addition to any bereavement leave granted under “Bereavement Leave. b. B. Accident involving the faculty member's person or his/her personal property, or the person or personal property of the aforementioned relations or persons (above), of such a nature that the immediate presence of the employee is required during the employee’s work day. C. Appearance in court as litigant. D. Serious or critical illness or injury of member of the employee’s immediate family. Such accident must be serious in nature, involve circumstances the faculty member cannot reasonably be expected to disregard, and require the attention of the faculty during the member’s assigned hours of service. c. Appearance of the faculty member in court as a litigant. The faculty member must return to work in cases where it is not necessary to be absent the entire day. d. An appearance of the faculty member as a witness under an official governmental order for which salary is not allowed under this Section, provided that each date of necessary attendance under such order, other than the date specified in a subpoena, shall be certified by the Clerk or other authorized officer of a court or other governmental jurisdictions; in any case in which a witness' fee is payable, such fee shall be collected by the faculty member and remitted to the District Business Office; and the faculty member must return to work in cases where it is not necessary to be absent the entire day. e. A serious illness of the faculty member's immediate family, which under as defined, of such a nature that the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention immediate presence of the faculty member employee is required during assigned hours of service. Upon exhaustion of the faculty member's Personal Necessity Leave, the faculty member may use Sick Leave for this purpose. (Immediate family will include dependent children, spouse or domestic partner, elderly parents or grandparentshis workday. f. The birth of a child making it necessary for a faculty member who is a parent of E. Other significant circumstances which are not school or school district related, that the child to be absent from his/her position during assigned hours of serviceemployee feels need immediate attention. g. Imminent danger to 14.17.2 Before the home of a faculty member, occasioned by a factor such as flood or fire, which under the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. h. Any other significant event utilization of personal necessity leave, a unit member must provide prior notice to the faculty memberappropriate supervisor, which does not disrupt except in cases of A, B, and D. Should the normal operation of circumstances outlined in A, B, D arise, the employee shall make every effort to comply with the District and which, in procedures to enable the faculty member's reasonable judgment, cannot reasonably be disregarded. This personal necessity provision (h) District to obtain a substitute. 14.17.3 P.N. under “E” shall not be used during a labor disputeon Friday or Monday unless previously approved by their immediate supervisor. i. The faculty member using Personal Necessity 14.17.4 Leave under this Section affirms that shall not be available for the circumstances that necessitated following: Withholding services to the leave qualify under the terms of this section.District Shopping Seeking other employment Recreation Extending vacation or holidays Donating Service Attendance at non-professional meetings

Appears in 3 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Personal Necessity Leave. A maximum a. An employee shall, at his/her election, be placed on personal necessity leave within the limits and conditions of six (6) full days (or proportionate number this section because of hours for less than full time) any of the faculty member's sick leave time shall be granted each fiscal year for Personal Necessity Leave within the following provisionsemergencies: a. Death 1. The death of a member of the employee's immediate family, if Xxxxxxxxxxx Leave (see Section 4F) is exhaustedfamily when the number of days of absence exceeds the limit provided in Bereavement Leave. b. Accident 2. An accident or occurrence involving the faculty memberemployee's person person, not otherwise chargeable to sick leave or property, industrial accident leave. Such accident or occurrence must: a) Be serious in nature, b) Involve circumstances the employee cannot reasonably be expected to disregard, c) And require the attention of the employee during his/her assigned hours of service. 3. An accident or occurrence involving the employee's property or the person or property of a member of the employee’s 's immediate family. Such accident must be or occurrence must: a) Be serious in nature, involve , b) Involve circumstances the faculty member employee cannot reasonably be expected to disregard, and , c) And require the attention of the faculty employee during the member’s his/her assigned hours of service. c. Appearance 4. The illness or injury of a member of the faculty employee's immediate family when the illness or injury constitutes: a) A serious illness - any illness or injury involving major surgery or imminent death or which requires hospitalization; or b) A situation arising from the sudden illness or injury of a member of the employee's immediate family, where the time element is such that the employee must absent himself/herself from work to determine if the illness constitutes a serious illness as defined in court as a litigantsubsection 4(a) above. The faculty member must return No more than the actual and necessary amount of leave time required to work make this determination shall be allowed for each situation, and in cases where no case shall it is not necessary to be absent the entire exceed one (1) day. d. 5. An appearance of the faculty member employee in court as other than a litigant. 6. An appearance of the employee as a witness under an official governmental order for which salary is not allowed under this Sectionallowed, jury duty, and court appearance, provided that each that: a) Each date of necessary attendance under such order, other than the date specified in a subpoena, shall be certified by the Clerk clerk or other authorized officer of a court or other governmental jurisdictionsjurisdiction; in and b) In any case in which a witness' witness fee is payable, such fee shall be collected by the faculty member employee and remitted to the District Business Accounting Office. 7. The compelling personal obligations of an employee that cannot be met outside of school hours. These may include: a) Leadership positions in community or youth activities b) Traditional observances consistent with one's personal beliefs and practices c) Family obligations that are not annual observances d) Personal business demands Absence under this subsection is limited to a total of seven times the normal daily assigned time, not to exceed 56 hours (in increments of one-half hour or more) per year; and the faculty member must return to work in cases where it is not necessary to be absent cumulative; and is included as part of the entire dayseven (7) days allowed under Subsection 10.1 of this Section. e. A serious illness b. Personal necessity leave and personal necessity leave pay are subject to the following conditions: 1. The total number of the faculty member's immediate family, which under the circumstances the faculty member candays allowed in one fiscal year for such leave shall not reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. Upon exhaustion of the faculty member's Personal Necessity Leave, the faculty member may use Sick Leave for this purpose. exceed seven (Immediate family will include dependent children, spouse or domestic partner, elderly parents or grandparents7). f. 2. The birth days allowed shall be deducted from and may not exceed the number of a child making it necessary for a faculty member who full days of regular sick leave to which the employee is a parent of the child to be absent from his/her position during assigned hours of serviceentitled. g. Imminent danger to the home of a faculty member, occasioned by a factor such as flood or fire, which under the circumstances the faculty member cannot reasonably 3. The leave may be expected to disregard and which requires the attention of the faculty member during assigned hours of servicetaken in one-half (1/2) hour increments. h. Any other significant event of personal necessity to 4. Payment for such absences shall be made only upon certification by the faculty member, which does not disrupt the normal operation of the District and which, in the faculty member's reasonable judgment, cannot reasonably be disregarded. This personal necessity provision (h) shall not be used during a labor dispute. i. The faculty member using Personal Necessity Leave under this Section affirms Human Resources Office that the absence was due to circumstances that necessitated the leave qualify under the terms of this sectionin conformance to those outlined in subsections 10.1 thru 10.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Personal Necessity Leave. A maximum of six (6) full days (or proportionate number of hours for less than full time) of the faculty member's sick 1. Personal necessity leave time shall be granted to an employee who has sufficient sick leave credit, for circumstances that in the opinion of the District are serious in nature, which cannot be expected to be disregarded, and which necessitate immediate attention and cannot be dealt with during off-duty hours. a. Such members may elect to use not more than seven (7) days per year of unused sick leave for purposes of "approved personal necessity" leave. It is agreed and understood, however, that an absence would not qualify under this provision if the reason for such an absence was to participate collectively or individually in concerted employee activities such as a strike, work stoppage, or other organized or unorganized withholding of service from the District. b. Unused personal necessity leave entitlement shall not be accumulated from year to year. c. The number of days of personal necessity leave shall not exceed the number of full days of unused sick to which the member is entitled. d. If possible, the employee shall submit a request for “personal necessity" leave via the electronic absence system three (3) workdays prior to the beginning date of the leave. It is understood that all personal necessities cannot be anticipated, but it is the intent to administer this policy as equitable as possible for all classified employees of the District. e. The District reserves the right to review each fiscal year request and to verify such request by any appropriate means. The immediate supervisor is responsible for granting or denying the request. f. Unit members using Family Medical Leave and California Family Rights Act Leave to care for an ill or injured child, spouse, parent, or registered domestic partner shall be required to take all available Personal Necessity Leave within concurrently. 2. In the event of denial of request for "personal necessity" leave by the employee's immediate supervisor, the employee may, prior to request leave date, appeal the decision to the Human Resources Department Head. 3. The prior approval requirements shall not apply to the following provisionsreasons: a. Death of a member of immediate family, if Xxxxxxxxxxx Leave (see Section 4F) is exhausted. b. Accident involving the faculty member's person or property, or the person or property serious illness of a member of the employee’s immediate family. Such accident must be serious in nature, involve circumstances the faculty member cannot reasonably be expected to disregard, and require the attention of the faculty during the member’s assigned hours of service. c. Appearance of the faculty member in court as a litigant. The faculty member must return to work in cases where it is not necessary to be absent the entire day. d. An appearance of the faculty member as a witness under an official governmental order for which salary is not allowed Requests granted under this Section, provided that each date of necessary attendance under such order, other than the date specified in a subpoena, provision shall be certified by the Clerk or other authorized officer of a court or other governmental jurisdictions; in any case in which a witness' fee is payable, such fee shall be collected by the faculty member and remitted addition to the District Business Office; and the faculty member must return to work in cases where it is not necessary to be absent the entire day. e. A serious illness of the faculty member's immediate family, which those provided under the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. Upon exhaustion of the faculty member's Personal Necessity Leave, the faculty member may use Sick Bereavement Leave for this purpose. (Immediate family will include dependent children, spouse or domestic partner, elderly parents or grandparents. f. The birth of a child making it necessary for a faculty member who is a parent of the child to be absent from his/her position during assigned hours of service. g. Imminent danger to the home of a faculty member, occasioned by a factor such as flood or fire, which under the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. h. Any other significant event of personal necessity to the faculty member, which does not disrupt the normal operation of the District and which, in the faculty member's reasonable judgment, cannot reasonably be disregarded. This personal necessity provision (h) shall not be used during a labor dispute. i. The faculty member using Personal Necessity Leave under this Section affirms that the circumstances that necessitated the leave qualify under the terms of this sectionArticle.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Personal Necessity Leave. A 1. An employee may use his/her regular accumulated sick leave for cases of personal necessity leave for a maximum of seven (7) days per fiscal year. An employee who has exhausted his/her personal necessity leave, but qualifies for the Family Medical Leave Act (FMLA) will be granted up to six (6) full additional personal necessity days (or proportionate number of hours for less than full time) until and unless court decisions preclude the additional leave). Verification of the faculty member's sick FMLA qualification must be provided to the District. 2. Personal necessity leave time shall be granted each fiscal year limited to circumstances that are serious (emergency) in nature and/or that the employee cannot reasonably be expected to disregard; and/or that necessitate immediate action; and/or that cannot be taken care of after work hours or on weekends; and/or as approved by the Associate Superintendent of Human Resources. 3. Employees desiring to use personal necessity leave shall secure prior approval within three (3) days of the start of the leave from the immediate supervisor, in accordance with District procedures, unless an unforeseen circumstance which calls for immediate action makes it impossible. The District will not require a reason for Personal Necessity Leave within on the following provisions:Personal Necessity form. a. Death 4. Employees shall not be required to receive advance permission for personal necessity leave taken for: death or illness of a member of his/her immediate family, if Xxxxxxxxxxx Leave (see Section 4F) is exhausted. b. Accident ; accident involving the faculty member's his/her person or property, property or the person or property of a member of the employee’s his/her immediate family. Such accident must be serious in natureIn such cases, involve circumstances however, the faculty member cannot reasonably employee shall be expected to disregard, and require the attention of the faculty during the member’s assigned hours of servicemake every reasonable effort to comply with District provisions designed to secure adequate substitutes. c. Appearance 5. Employees returning from personal necessity leave must submit an appropriate absence statement, in accordance with District provisions. 6. Personal necessity leave shall not include items such as social obligations, occupational investigation, recreational activities, work stoppage and other concerted activities. 7. If request for personal necessity leave is denied, an employee may appeal the denial to the Associate Superintendent of the faculty member in court as a litigantHuman Resources (or designee). The faculty member must return to work in cases where it is not necessary to be absent the entire day. d. An appearance of the faculty member as a witness under an official governmental order for which salary is not allowed under this Section, provided that each date of necessary attendance under such order, other than the date specified in a subpoena, decision shall be certified by the Clerk or other authorized officer of a court or other governmental jurisdictions; in any case in which a witness' fee is payable, such fee shall be collected by the faculty member and remitted to the District Business Office; and the faculty member must return to work in cases where it is not necessary to be absent the entire dayfinal. e. A serious illness of the faculty member's immediate family, which under the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. Upon exhaustion of the faculty member's Personal Necessity Leave, the faculty member may use Sick Leave for this purpose. (Immediate family will include dependent children, spouse or domestic partner, elderly parents or grandparents. f. The birth of a child making it necessary for a faculty member who is a parent of the child to be absent from his/her position during assigned hours of service. g. Imminent danger to the home of a faculty member, occasioned by a factor such as flood or fire, which under the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. h. Any other significant event of personal necessity to the faculty member, which does not disrupt the normal operation of the District and which, in the faculty member's reasonable judgment, cannot reasonably be disregarded. This personal necessity provision (h) shall not be used during a labor dispute. i. The faculty member using Personal Necessity Leave under this Section affirms that the circumstances that necessitated the leave qualify under the terms of this section.

Appears in 1 contract

Samples: Master Contract

Personal Necessity Leave. A maximum of six (6) full days (or proportionate number of hours for less than full time) of the faculty member's sick 1. Personal necessity leave time shall be granted to an employee who has sufficient sick leave credit, for circumstances that in the opinion of the District are serious in nature, which cannot be expected to be disregarded, and which necessitate immediate attention and cannot be dealt with during off-duty hours. a. Such member may elect to use not more than seven (7) days per year of unused sick leave for purposes of "approved personal necessity" leave. It is agreed and understood, however, that an absence would not qualify under this provision if the reason for such an absence was to participate collectively or individually in concerted employee activities such as a strike, work stoppage, or other organized or unorganized withholding of service from the District. b. Unused personal necessity leave entitlement shall not be accumulated from year to year. c. The number of days of personal necessity leave shall not exceed the number of full days of unused sick to which the member is entitled. d. If possible, the employee shall submit a request for “personal necessity" leave via the electronic absence system three (3) workdays prior to the beginning date of the leave. It is understood that all personal necessities cannot be anticipated, but it is the intent to administer this policy as equitable as possible for all classified employees of the District. e. The District reserves the right to review each fiscal year request and to verify such request by any appropriate means. The immediate supervisor is responsible for granting or denying the request. f. Unit members using Family Medical Leave and California Family Rights Act Leave to care for an ill or injured child, spouse, parent, or registered domestic partner shall be required to take all available Personal Necessity Leave within concurrently. 2. In the event of denial of request for "personal necessity" leave by the employee's immediate supervisor, the employee may, prior to request leave date, appeal the decision to the Human Resources Department Head. 3. The prior approval requirements shall not apply to the following provisionsreasons: a. Death of a member of immediate family, if Xxxxxxxxxxx Leave (see Section 4F) is exhausted. b. Accident involving the faculty member's person or property, or the person or property serious illness of a member of the employee’s immediate family. Such accident must be serious in nature, involve circumstances the faculty member cannot reasonably be expected to disregard, and require the attention of the faculty during the member’s assigned hours of service. c. Appearance of the faculty member in court as a litigant. The faculty member must return to work in cases where it is not necessary to be absent the entire day. d. An appearance of the faculty member as a witness under an official governmental order for which salary is not allowed Requests granted under this Section, provided that each date of necessary attendance under such order, other than the date specified in a subpoena, provision shall be certified by the Clerk or other authorized officer of a court or other governmental jurisdictions; in any case in which a witness' fee is payable, such fee shall be collected by the faculty member and remitted addition to the District Business Office; and the faculty member must return to work in cases where it is not necessary to be absent the entire day. e. A serious illness of the faculty member's immediate family, which those provided under the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. Upon exhaustion of the faculty member's Personal Necessity Leave, the faculty member may use Sick Bereavement Leave for this purpose. (Immediate family will include dependent children, spouse or domestic partner, elderly parents or grandparents. f. The birth of a child making it necessary for a faculty member who is a parent of the child to be absent from his/her position during assigned hours of service. g. Imminent danger to the home of a faculty member, occasioned by a factor such as flood or fire, which under the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. h. Any other significant event of personal necessity to the faculty member, which does not disrupt the normal operation of the District and which, in the faculty member's reasonable judgment, cannot reasonably be disregarded. This personal necessity provision (h) shall not be used during a labor dispute. i. The faculty member using Personal Necessity Leave under this Section affirms that the circumstances that necessitated the leave qualify under the terms of this sectionArticle.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personal Necessity Leave. A maximum Leave which is credited under sick leave in this Agreement may be used, at the unit member’s election for purpose of six personal necessity, provided that use of such personal necessity leave does not exceed eight (68) days in any school year. Four (4) full days (or proportionate number of hours for less than full time) of the faculty member's regular sick leave time may be used for illness of family members or family emergency. 14.17.1 For purposes of this provision, personal necessity shall be granted each fiscal year for Personal Necessity Leave within the following provisionslimited to: a. A. Death of a member member(s) of employee’s immediate family; members include: the employee’s or the employee’s spouse’s; mother, if Xxxxxxxxxxx Leave (see Section 4F) is exhaustedfather, brother, sister, grandmother, grandfather, children or grandchildren; son-, daughter-, sister-or brother-in-law, aunts, uncles, nieces, nephews and spouse of the employee. In addition any person living in the immediate household of the employee shall be included. This leave shall be in addition to any bereavement leave granted under “Bereavement Leave. b. B. Accident involving the faculty member's person or his/her personal property, or the person or personal property of the aforementioned relations or persons (above), of such a nature that the immediate presence of the employee is required during the employee’s work day. C. Appearance in court as litigant. D. Serious or critical illness or injury of member of the employee’s immediate family. Such accident must be serious in nature, involve circumstances as defined, of such a nature that the faculty member cannot reasonably be expected to disregard, and require the attention immediate presence of the faculty employee is required during the member’s assigned hours of service. c. Appearance of the faculty member in court as a litigant. The faculty member must return to his work in cases where it is not necessary to be absent the entire day. d. An appearance of E. Other significant circumstances which are not school or school district related, that the faculty member as a witness under an official governmental order for which salary is not allowed under this Section, provided that each date of necessary attendance under such order, other than the date specified in a subpoena, shall be certified by the Clerk or other authorized officer of a court or other governmental jurisdictions; in any case in which a witness' fee is payable, such fee shall be collected by the faculty member and remitted to the District Business Office; and the faculty member must return to work in cases where it is not necessary to be absent the entire dayemployee feels need immediate attention. e. A serious illness of 14.17.2 Before the faculty member's immediate family, which under the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. Upon exhaustion of the faculty member's Personal Necessity Leave, the faculty member may use Sick Leave for this purpose. (Immediate family will include dependent children, spouse or domestic partner, elderly parents or grandparents. f. The birth of a child making it necessary for a faculty member who is a parent of the child to be absent from his/her position during assigned hours of service. g. Imminent danger to the home of a faculty member, occasioned by a factor such as flood or fire, which under the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. h. Any other significant event utilization of personal necessity leave, a unit member must provide prior notice to the faculty memberappropriate supervisor, which does not disrupt except in cases of A, B, and D. Should the normal operation of circumstances outlined in A, B, D arise, the employee shall make every effort to comply with the District and which, in procedures to enable the faculty member's reasonable judgment, cannot reasonably be disregarded. This personal necessity provision (h) District to obtain a substitute. 14.17.3 P.N. under “E” shall not be used during a labor disputeon Friday or Monday unless previously approved by their immediate supervisor. i. The faculty member using Personal Necessity 14.17.4 Leave under this Section affirms that shall not be available for the circumstances that necessitated following: Withholding services to the leave qualify under the terms of this section.District Shopping Seeking other employment Recreation Extending vacation or holidays Donating Service Attendance at non-professional meetings

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personal Necessity Leave. a. A maximum of six ten (610) full days (or proportionate number of hours for less than full time) of the faculty memberemployee's sick leave time shall may be granted used each fiscal year for reasons of Personal Necessity. The employee using Personal Necessity Leave within under this Section shall notify the immediate supervisor in writing as early as possible, before or after the absence, indicating which of the circumstances listed below necessitates this absence. Personal necessity leave shall be granted for the following provisionspurposes: a. (1) Death of a member of his immediate family, if Xxxxxxxxxxx Leave (see Section 4F) is exhausted. b. Accident (2) Accident, involving the faculty member's person or property, or the person or property of a member of the employee’s his/her immediate family. Such accident must be serious in nature, involve circumstances the faculty member employee cannot reasonably be expected to disregard, and require the attention of the faculty employee during the member’s his/her assigned hours of service. c. (3) Appearance of the faculty member employee in court as a litigant. The faculty member employee must return to work in cases where it is not necessary for him/her to be absent the entire day. d. (4) An appearance of the faculty member employee as a witness under an official governmental order for which salary is not allowed under this Section, provided that each date of necessary attendance under such order, other than the date specified in a subpoena, shall be certified to by the Clerk or other authorized officer of a court or other governmental jurisdictions; in any case in which a witness' fee is payable, such fee shall be collected by the faculty member employee and remitted to the District Business Office; and the faculty member employee must return to work in cases where it is not necessary for him/her to be absent the entire day. e. A serious (5) An illness of a member of the faculty memberemployee's immediate familyfamily serious in nature, which under the circumstances the faculty member employee cannot reasonably be expected to disregard disregard, and which requires the attention of the faculty member employee during his/her assigned hours of service. Upon exhaustion of the faculty member's Personal Necessity Leave, the faculty member may use Sick Leave for this purpose. (Immediate family will include dependent children, spouse or domestic partner, elderly parents or grandparents. f. (6) The birth of a child making it necessary for a faculty member an employee who is a parent the father of the child to be absent from his/her his position during his assigned hours of service. g. (7) Imminent danger to the home of a faculty memberan employee, occasioned by a factor such as flood or fire, serious in nature, which under the circumstances the faculty member employee cannot reasonably be expected to disregard disregard, and which requires the attention of the faculty member employee during his/her assigned hours of service. h. (8) Religious holidays which occur on regular school days that are not Board of Education declared holidays. (9) Any other significant event event, of personal necessity to the faculty memberemployee, which does not disrupt the normal orderly operation of the District department and whichwhich cannot be handled outside of work time, in the faculty member's reasonable judgmentscheduling of which is not within the control of the employee, and which involves circumstances the employee cannot reasonably be disregardedexpected to disregard. This personal necessity provision (h) leave shall not be used available for vacation or leisure activities. This leave shall not be available during a labor disputetime in which the employee is involved in a work stoppage, or on assigned professional development days. Examples of the kinds of events which may qualify for personal necessity include but are not limited to the following, provided they meet the above criteria: • Doctor or dental appointment not available outside of work time. • Car breakdown while driving to work. • Attendance to employee’s child’s college move, xxxxx’s graduation ceremonies, child’s special award event, or conference with child’s teacher which could not be scheduled after school. i. The faculty member using Personal Necessity Leave under this Section affirms that the circumstances that necessitated the leave qualify under the terms of this section.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personal Necessity Leave. 1. A unit member shall be entitled to use, during each school year, a maximum of six seven (67) full days (or proportionate number of hours for less than full time) of the faculty member's sick leave time shall be granted each fiscal year provided for Personal Necessity in the Illness or Injury Leave within Section (Section C) for any of the following provisionspurposes: a. Death of a member of a unit member’s immediate familyfamily as defined in Bereavement Leave (Section G), if Xxxxxxxxxxx leave is required in addition to that provided by Bereavement Leave (see Section 4F) is exhaustedof this Article. b. Accident An accident involving the faculty a unit member's person or property, ’s property or the person or property of a any member of the employeeunit member’s immediate family. Such , if the accident must be is serious in nature, involve involves circumstances the faculty unit member cannot reasonably be expected to disregard, and require requires the attention of the faculty unit member during the member’s assigned hours of serviceworking hours. c. Appearance of the faculty member in court or before any administrative tribunal not covered under Court Attendance Leave (Section J) as a litigant, party, or witness under subpoena or valid order to appear. The faculty unit member must return to work in cases where it is if not necessary required to be absent the entire day. d. An appearance of the faculty member as a witness under an official governmental order for which salary is not allowed under this Section, provided that each . Each date of necessary attendance under such orderattendance, other than the date dates specified in a subpoena, shall be certified to by the Clerk clerk or other authorized officer of a the court or other governmental jurisdictions; in by an authorized official of the administrative tribunal. The unit member shall ask for and collect any case in witness fee to which a witness' fee is payable, such fee shall he/she may be collected by the faculty member entitled and remitted remit it to the District Business Office; and the faculty member must return to work in cases where it is not necessary to be absent the entire dayDistrict. e. A d. The serious illness of the faculty a member of a unit member's ’s immediate family, which under the circumstances the faculty unit member cannot reasonably be expected to disregard and which requires the attention of the faculty unit member during assigned hours working hours. e. The birth of service. Upon exhaustion of the faculty member's Personal Necessity Leave, the faculty member may use Sick Leave for this purpose. (Immediate family will include dependent children, spouse or domestic partner, elderly parents or grandparentsa child. f. The birth parent or guardian of children in K-12 grades may take no more than eight hours a child making it necessary for month, up to 40 hours a faculty member who is a parent of the child year, to be absent from his/her position during assigned hours of servicevisit their children’s school. g. Imminent danger to Circumstances of urgent personal necessity that meet the home of a faculty member, occasioned by a factor such as flood or fire, criteria outlined below: (1) Involves circumstances which under the circumstances the faculty unit member cannot reasonably be expected to disregard and which requires disregard. (2) Requires the attention of the faculty unit member during assigned hours of serviceduty hours. h. Any (3) Is serious in nature. The following are examples of some reasons which are not acceptable for personal necessity leave: (1) Vacation, recreation, or social activities. (2) Unit member’s employee organization business or activities. (3) Extension of a school holiday or vacation. (4) Conventions related to a unit member’s avocation. (5) Spouse/domestic partner’s business, profession, or avocation. (6) Incarceration. (7) Political activities or demonstrations. (8) Civic or organizational activities. (9) Routine personal activities. (10) Business interests or other significant event employment. 2. Under all circumstances, a unit member shall verify in writing on the monthly declaration that the personal necessity leave was used only for purposes as set forth above. A unit member will be subject to appropriate discipline if the leave was used for purposes other than stipulated. 3. Whenever circumstances permit, a unit member shall complete the District Personal Necessity Form prior to his/her absence and submit it to the supervisor. Failure to comply may result in a denial of leave and a loss of pay. 4. Each unit member may take up to five days of personal necessity to the faculty member, leave for reasons which does not disrupt the normal operation of the District are personal or private in nature and which, in the faculty member's reasonable judgment, cannot reasonably be disregarded. This personal necessity provision (h) for which he/she shall not be used during a labor dispute. i. The faculty member using Personal Necessity Leave under required to have an explanation, subject to existing personal necessity limitations contained in this Section affirms that the circumstances that necessitated the leave qualify under the terms of this section.D.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Personal Necessity Leave. A maximum unit member may elect to use up to seven (7) days of six (6) full days (or proportionate number of hours for less than full time) of the faculty member's accumulated sick leave annually. It is not required that a unit member list a reason for personal necessity on the absence affidavit. This time shall may be granted each fiscal year for Personal Necessity Leave within used for, but is not limited to, the following provisionsreasons: a. Death a) For death of a member of his/her immediate family, if Xxxxxxxxxxx family over and beyond the five (5) days of bereavement leave authorized by the Education Code. Immediate family is defined by the Bereavement Leave (see Section 4F) is exhaustedsection of this policy. b. b) Attendance at the funeral of close relatives not living in the immediate household. c) Accident involving the faculty unit member's person or property, or the person or property of a member of the employee’s his/her immediate familyfamily as defined in this policy. Such an accident must be would require the immediate attention of the unit member and present circumstances which he/she could not disregard, making it unreasonable to expect the unit member to perform his/her regularly assigned duties. d) An illness of a member of the unit member's immediate family as defined in this policy, serious in nature, involve which under the circumstances the faculty unit member cancould not reasonably be expected to disregard, and which would require the attention of the faculty unit member during the member’s his/her assigned hours of service. c. e) Appearance of the faculty member in court as a litigant. The faculty member must return to work in cases where it is not necessary to be absent the entire day. d. An appearance of the faculty member litigant or as a witness under an official governmental order orders. f) Any other significant event, personal to the employee, for which salary paid leave of absence is not allowed under this Section, provided that each date of necessary attendance under such order, other than the date specified in a subpoena, shall be certified by the Clerk or other authorized officer of a court or other governmental jurisdictions; in any case in which a witness' fee is payable, such fee shall be collected by the faculty member and remitted to the District Business Office; and the faculty member must return to work in cases where it is not necessary to be absent the entire day. e. A serious illness of the faculty member's immediate familyauthorized, which under the circumstances circumstances, the faculty member employee cannot reasonably be expected to disregard and which requires the attention of the faculty member employee during assigned hours of service. Upon exhaustion of the faculty member's Personal Necessity Leave, the faculty member may use Sick Leave for this purpose. (Immediate family will include dependent children, spouse or domestic partner, elderly parents or grandparents. f. The birth of a child making it necessary for a faculty member who is a parent of the child to be absent from his/her position during his assigned hours of service. g. Imminent danger to g) A personal necessity which may be foreseeable but is nevertheless unavoidable, inevitable, or indispensable as far as the home individual is concerned, and cannot be transacted outside the assigned working hours. The nature of such situations or circumstances must: (a) not involve payment for the unit member's services or involve a faculty memberprofit motive, occasioned by a factor such as flood or fire(b) be serious in nature, which under the (c) involve circumstances the faculty unit member cancould not reasonably be expected to disregard disregard, and which requires (d) require the attention of the faculty unit member during his/her assigned hours of service. h. Any other significant event of personal necessity to the faculty member, which does not disrupt the normal operation of the District and which, in the faculty member's reasonable judgment, cannot reasonably be disregarded. This personal necessity provision (h) shall not be used during a labor disputeParticipation in lawful meetings, activities or observances, where the employee conscientiously believes that his participation therein is necessary and requires this absence from duty. i. The faculty member using Personal Necessity Leave under this Section affirms that the circumstances that necessitated the leave qualify under the terms of this section.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personal Necessity Leave. 1. A unit member shall be entitled to use, during each school year, a maximum of six seven (67) full days (or proportionate number of hours for less than full time) of the faculty member's sick leave time shall be granted each fiscal year provided for Personal Necessity in the Illness or Injury Leave within Section (Section C) for any of the following provisionspurposes: a. Death of a member of a unit member’s immediate familyfamily as defined in Bereavement Leave (Section G), if leave is required in addition to that provided by Xxxxxxxxxxx Leave (see Section 4F) is exhaustedof this Article. b. Accident An accident involving the faculty a unit member's person or property, ’s property or the person or property of a any member of the employeeunit member’s immediate family. Such , if the accident must be is serious in nature, involve involves circumstances the faculty unit member cannot reasonably be expected to disregard, and require requires the attention of the faculty unit member during the member’s assigned hours of serviceworking hours. c. Appearance of the faculty member in court or before any administrative tribunal not covered under Court Attendance Leave (Section J) as a litigant, party, or witness under subpoena or valid order to appear. The faculty unit member must return to work in cases where it is if not necessary required to be absent the entire day. d. An appearance of the faculty member as a witness under an official governmental order for which salary is not allowed under this Section, provided that each . Each date of necessary attendance under such orderattendance, other than the date dates specified in a subpoena, shall be certified to by the Clerk clerk or other authorized officer of a the court or other governmental jurisdictions; in by an authorized official of the administrative tribunal. The unit member shall ask for and collect any case in witness fee to which a witness' fee is payable, such fee shall he/she may be collected by the faculty member entitled and remitted remit it to the District Business Office; and the faculty member must return to work in cases where it is not necessary to be absent the entire dayDistrict. e. A d. The serious illness of the faculty a member of a unit member's ’s immediate family, which under the circumstances the faculty unit member cannot reasonably be expected to disregard and which requires the attention of the faculty unit member during assigned hours working hours. e. The birth of service. Upon exhaustion of the faculty member's Personal Necessity Leave, the faculty member may use Sick Leave for this purpose. (Immediate family will include dependent children, spouse or domestic partner, elderly parents or grandparentsa child. f. The birth parent or guardian of children in K-12 grades may take no more than eight hours a child making it necessary for month, up to 40 hours a faculty member who is a parent of the child year, to be absent from his/her position during assigned hours of servicevisit their children’s school. g. Imminent danger to Circumstances of urgent personal necessity that meet the home of a faculty member, occasioned by a factor such as flood or fire, criteria outlined below: (1) Involves circumstances which under the circumstances the faculty unit member cannot reasonably be expected to disregard and which requires disregard. (2) Requires the attention of the faculty unit member during assigned hours of serviceduty hours. h. Any (3) Is serious in nature. The following are examples of some reasons which are not acceptable for personal necessity leave: (1) Vacation, recreation, or social activities. (2) Unit member’s employee organization business or activities. (3) Extension of a school holiday or vacation. (4) Conventions related to a unit member’s avocation. (5) Spouse/domestic partner’s business, profession, or avocation. (6) Incarceration. (7) Political activities or demonstrations. (8) Civic or organizational activities. (9) Routine personal activities. (10) Business interests or other significant event employment. 2. Under all circumstances, a unit member shall verify in writing on the monthly declaration that the personal necessity leave was used only for purposes as set forth above. A unit member will be subject to appropriate discipline if the leave was used for purposes other than stipulated. 3. Whenever circumstances permit, a unit member shall complete the District Personal Necessity Form prior to his/her absence and submit it to the supervisor. Failure to comply may result in a denial of leave and a loss of pay. 4. Each unit member may take up to five days of personal necessity to the faculty member, leave for reasons which does not disrupt the normal operation of the District are personal or private in nature and which, in the faculty member's reasonable judgment, cannot reasonably be disregarded. This personal necessity provision (h) for which he/she shall not be used during a labor dispute. i. The faculty member using Personal Necessity Leave under required to have an explanation, subject to existing personal necessity limitations contained in this Section affirms that the circumstances that necessitated the leave qualify under the terms of this section.D.

Appears in 1 contract

Samples: Leave Agreement

Personal Necessity Leave. 1. A maximum unit member may use during a school year, after notification and review by the district designee, any days of six (6) full accumulated sick leave benefits in case of personal necessity. 2. Unit members shall notify their immediate supervisor on the appropriate District form as soon as the reason for the request is known, and in all cases at least two days (or proportionate number of hours for less than full time) prior to the date of the faculty member's sick leave time except when extenuating circumstances make this reasonably impossible. 3. Personal necessity leave shall be granted each fiscal year for Personal Necessity Leave within the following provisions: a. Death of a member of immediate family, if Xxxxxxxxxxx Leave (see Section 4F) is exhausted. b. Accident involving the faculty member's person defined as death or property, or the person or property serious illness of a member of the unit member’s immediate family or an accident which is unforeseen involving the unit member’s immediate family or his/her property. Members of the employee’s immediate family are: spouse, father, mother, stepparents, children, sister, brother, aunt, uncle, xxxxx, nephew, grandfather, grandmother, grandchildren, son-in-law, daughter-in-law, stepson and stepdaughter. In addition, the following relatives of an employee’s spouse are defined as immediate family. Such accident must be serious in nature: father, involve circumstances the faculty member cannot reasonably be expected to disregardmother, stepfather, stepmother, children, sister, brother, aunt, uncle, xxxxx, nephew, grandfather, grandmother, and require the attention grandchildren. Any permanent member of the faculty employee’s household is considered immediate family. 4. Compelling personal importance leave of five days per year will be granted upon request as part of the days of personal necessity leave, provided the unit member signs an agreement that the leave was necessitated by a matter of compelling personal need and provided that under no circumstances shall such leave be used for purposes which can be taken care of outside of work hours. a. Compelling personal importance leave may not be used for purposes of concerted activities against the District, for transportation before or after school recesses, nor is it granted for purposes of engaging in non-District employment. 5. In the event a unit member has no accumulated sick leave, the Superintendent or designee may grant personal necessity requests. Denial of a unit member’s request shall not be made for punitive, arbitrary or capricious reasons. The amount deducted for leave purposes from the unit member’s salary shall be the amount actually paid a substitute employed to fill the position during the member’s assigned hours of serviceleave, or, if no substitute is employed, the amount which would have been paid a substitute. c. Appearance of the faculty member 6. Personal necessity leave includes up to ten days per year to appear in court as a litigant. The faculty member must return witness or a litigant pursuant to work in cases where it is not necessary to be absent the entire day. d. An appearance of the faculty member as a witness under an official governmental court order for which salary is not allowed under this Sectionor notice. Any compensation, provided that each date of necessary attendance under such order, other than the date specified in a subpoenaless mileage and parking fees, shall be certified by the Clerk or other authorized officer of a court or other governmental jurisdictions; in any case in which a witness' fee is payable, such fee shall be collected by the faculty member and remitted endorsed over to the District Business Office; and District. It is the faculty member must return teacher’s responsibility to work in cases where it is not necessary to be absent notify the entire daysite administrator of planned absences. e. A serious illness of the faculty member's immediate family, which under the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. Upon exhaustion of the faculty member's Personal Necessity Leave, the faculty member may use Sick Leave for this purpose. (Immediate family will include dependent children, spouse or domestic partner, elderly parents or grandparents. f. The birth of a child making it necessary for a faculty member who is a parent of the child to be absent from his/her position during assigned hours of service. g. Imminent danger to the home of a faculty member, occasioned by a factor such as flood or fire, which under the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. h. Any other significant event of personal necessity to the faculty member, which does not disrupt the normal operation of the District and which, in the faculty member's reasonable judgment, cannot reasonably be disregarded. This personal necessity provision (h) shall not be used during a labor dispute. i. The faculty member using Personal Necessity Leave under this Section affirms that the circumstances that necessitated the leave qualify under the terms of this section.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personal Necessity Leave. A maximum In cases of six (6) full days (or proportionate number of hours for less than full time) of the faculty member's personal necessity an employee may use, at his/her election, his/her sick leave time shall for the following reasons. No more than seven (7) days of such accumulated sick leave may be granted each fiscal used in any school year for Personal Necessity Leave within the following provisionspurposes enumerated below: a. 8.7.1 Death of a member of his/her immediate family, if Xxxxxxxxxxx Leave (see Section 4F) family when additional leave is exhaustedrequired beyond that provided in this Article. b. Accident 8.7.2 Accident, involving the faculty member's his/her person or property, or the person or property of a member of his/her immediate family. 8.7.3 All illnesses of a member of the employee’s immediate family. Such accident must be family as defined under Bereavement Leave in Article 8.1, sudden or serious in nature, involve circumstances the faculty member cannot reasonably be expected to disregard, and require the attention of the faculty during the member’s assigned hours of service. c. Appearance of the faculty member in court as a litigant. The faculty member must return to work in cases where it is not necessary to be absent the entire day. d. An appearance of the faculty member as a witness under an official governmental order for which salary is not allowed under this Section, provided that each date of necessary attendance under such order, other than the date specified in a subpoena, shall be certified by the Clerk or other authorized officer of a court or other governmental jurisdictions; in any case in which a witness' fee is payable, such fee shall be collected by the faculty member and remitted to the District Business Office; and the faculty member must return to work in cases where it is not necessary to be absent the entire day. e. A serious illness of the faculty member's immediate family, which under the circumstances the faculty member employee cannot reasonably be expected to disregard and which requires required the attention absence of the faculty member employee during assigned hours of service. Upon exhaustion . 8.7.4 For employees who have been employed by the County Office for less than one year (i.e. they do not meet the requirements of the faculty member's Personal Necessity LeaveGovernment Code section 12945.2(a) with respect to having been employed for at least 12-months of service), the faculty member may use Sick Leave for this purpose. (Immediate family will include dependent children, spouse birth or domestic partner, elderly parents or grandparents. f. The birth adoption of a child child, making it necessary for a faculty member an employee who is a to be the parent of the child to be absent from his/her position during his/her assigned hours of service. g. 8.7.5 Imminent danger to the home of a faculty memberan employee, occasioned by a factor such as flood or fire, serious in nature which under the circumstances the faculty member employee cannot reasonably be expected to disregard disregard, and which requires the attention of the faculty member employee during his assigned hours of service. h. Any other significant event of personal 8.7.6 Personal necessity to the faculty member, which does not disrupt the normal operation of the District and which, in the faculty member's reasonable judgment, cannot reasonably be disregarded. This personal necessity provision (h) shall not be used limited to reasons enumerated above but may include personal business of unforeseen emergency nature, which cannot be taken care of during a labor disputenon-school house. Personal matters, which would prove embarrassing, need only be communicated orally to the supervisor and need not be written on the form requesting personal necessity. Personal business matters shall, at the request of the employee, be considered confidential at all administrative levels. Details beyond those necessary to establish the legitimacy of the reason for personal necessity need not be divulged. i. The faculty member using Personal Necessity Leave 8.7.7 Appearance in court or before any administrative tribunal as a litigant, party, or witness under this Section affirms that the circumstances that necessitated the leave qualify under the terms of this sectionsubpoena or any order made with jurisdiction.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personal Necessity Leave. Personal necessity is defined as an activity that is unavoidable, inevitable, or indispensable, and that cannot be taken care of at any time other than during the regularly scheduled teaching day. Employees shall not be required to secure advanced permission for leave “a-d” below; however, advanced notification is required. A maximum request for a substitute teacher shall be made prior to the absence, and a record of six absence form shall be filed prior to the absence whenever possible. Personal necessity leave shall not be used for recreational purposes, seeking employment outside the District, or concerted activities against the District. An employee may use not more than seven (67) full days (or proportionate number of hours for less than full time) of the faculty member's accrued sick leave time shall be granted each fiscal year for Personal Necessity Leave within the following provisionsabsences due to: a. Death or serious illness of a member of employee’s immediate family, if Xxxxxxxxxxx Leave (see Section 4F) . Serious illness is exhausted.defined as an illness or injury that necessitates the assistance of a caregiver as determined by a licensed medical professional who has the authority to prescribe medication; b. Accident Accident, involving the faculty member's employee’s person or property, or the person or property of a member of the employee’s immediate family. Such accident must be serious in nature, involve circumstances the faculty member cannot reasonably be expected to disregard, and require the attention of the faculty during the member’s assigned hours of service.; c. Appearance of the faculty member in court as a litigant. The faculty member must return to work in cases where it is not necessary to be absent the entire day. d. An appearance of the faculty member litigant or as a witness under an official governmental order for which salary order. A litigant is not allowed under this Section, provided that each date of necessary attendance under such order, other than the date specified a person engaged in a lawsuit. An official order is a court summons, subpoena, shall be certified by or citation; d. Illness or medical appointment for preventative care and/or diagnosis for a child, spouse, or parent of the Clerk or other authorized officer of a court or other governmental jurisdictions; in any case in which a witness' fee is payable, such fee shall be collected by the faculty member and remitted to the District Business Office; and the faculty member must return to work in cases where it is not necessary to be absent the entire dayemployee. e. A serious illness Other cases of personal necessity that are considered personal and compelling (e.g. major life activities; such as: weddings, graduations, or moving a child to college) may be approved in advance by the site Principal or supervisor. If the request is denied, the employee may appeal to the Assistant Superintendent of Human Resources or designee. Should the appeal be denied by the Assistant Superintendent of Human Resources or designee, the denial can be grieved. In the cases of hardship or when extenuating circumstances exist, by mutual agreement of the faculty member's immediate family, which under Turlock Teachers Association President and the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. Upon exhaustion of the faculty member's Personal Necessity Leave, the faculty member may use Sick Leave for this purpose. (Immediate family will include dependent children, spouse Superintendent or domestic partner, elderly parents or grandparents. f. The birth of a child making it necessary for a faculty member who is a parent of the child to be absent from his/her position during assigned hours of service. g. Imminent danger to the home of a faculty memberdesignee, occasioned by a factor such as flood or fire, which under the circumstances the faculty member cannot reasonably be expected to disregard and which requires the attention of the faculty member during assigned hours of service. h. Any other significant event additional days of personal necessity may be drawn from the employee’s accumulated sick leave balance. Requests shall be submitted in writing to the faculty memberHuman Resources Department for review and approval. This type of personal necessity leave shall not exceed twenty (20) days per request. The District shall have the option to request verification. Should the request be denied by the Superintendent or designee, which does the denial shall not disrupt be subject to the Grievance Procedure in Article 11. From the maximum of seven (7) days of personal necessity leave each year, employees may take four (4) days of Discretionary Leave (Advanced Notification) with prior approval from the site principal or supervisor. Employees shall make a good faith effort to not use Discretionary Leave at the start of the contractual school year, the first week of school with students, and on days when District Professional Development is scheduled. The remaining three (3) days are to be used consistent with normal operation contractual reasons for personal necessity leave. The site Principal or supervisor may only deny such request if this leave will result in more than 4% of the employees of the District being granted this Discretionary Leave on the requested date(s); if a qualified substitute teacher is not available; or if school- wide testing and which, in or in-service training is being conducted on the faculty member's reasonable judgment, cannot reasonably be disregardedrequested day(s) and the site Principal determines that such leave will have an adverse impact on the testing or required in-service training. This personal necessity provision (h) leave shall not be used available during a labor disputeperiods of work stoppages, sickouts, or other concerted activities. Advanced notification is defined as no later than the close of business two (2) days prior to taking said leave (i.e., no later than close of business day on Tuesday when requesting leave for Friday). In the event of unusual circumstances, the Superintendent or designee may waive the restrictions for two (2) full work days of advance notification. i. The faculty member using Personal Necessity Leave under this Section affirms that the circumstances that necessitated the leave qualify under the terms of this section.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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