Common use of Personal Necessity Leave Clause in Contracts

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. An employee may use not more than seven (7) days of accrued sick leave for absences due to: a. Death or serious illness of a member of employee’s immediate family. Serious illness is 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, involving the employee’s person or property, or the person or property of the employee’s immediate family; c. Appearance in court as a litigant or as a witness under an official order. A litigant is a person engaged in a lawsuit. An official order is a court summons, subpoena, or citation; d. Illness or medical appointment for preventative care and/or diagnosis for a child, spouse, or parent of the employee. e. Other cases of personal necessity approved in advance by the site Principal or supervisor. The employee may grieve the decision of the site Principal or supervisor. The employee shall not be required to secure advanced permission for leave for a-d above. However, advanced notification is required. A request for a substitute teacher shall be made prior to the absence, and a record of absence form shall be filed, prior to the absence, whenever possible. Personal necessity leave may not be used for recreation, seeking employment outside the District, or concerted activities against the District. In the case of hardship, by mutual agreement of the Turlock Teachers Association President and the Superintendent or his/her designee, additional days of personal necessity may be drawn from the employee’s accumulated sick leave balance. Should the request be denied by the Superintendent or designee, the denial will not be subject to the Grievance Procedure. From the maximum of seven (7) days of personal necessity leave each year, employees may take four (4) days of Discretionary Leave with advanced notification to the site principal or supervisor. The remaining three (3) days are to be used consistent with normal 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 or in-service training is being conducted on the requested day(s) and the site Principal determines that such leave will have an adverse impact on the testing or required in-service training. This leave shall not be available during periods 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.

Appears in 3 contracts

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

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Personal Necessity Leave. Personal 7.8.1 Leave which is credited under Section 7.2 of Article 7 (Illness and Injury Leave) may be used, at the member’s election, for purposes of personal necessity, provided that use of such personal necessity is defined as an activity that is unavoidable, inevitable, or indispensable, and that canleave does not be taken care of at any time other than during the regularly scheduled teaching day. An employee may use not more than exceed seven (7) days in any school year. The unit member shall give the site administrator 24-hour advance notice of accrued sick such leave for absences due and duration of such leave, to the extent that emergencies beyond control do not preclude such notice. This leave does not require advanced permission. 7.8.2 For the purpose of this provision, Personal Necessity Leave shall be limited to: a. Death (a) death or serious illness of a bargaining unit member of employeethe member’s family or any person living in the immediate family. Serious illness household of the bargaining unit member (b) an accident which is 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, unforeseen involving the employeebargaining unit member’s person or property, or the person or property of the employeea bargaining unit, member’s immediate family;, or any person living in the immediate household of the bargaining unit member c. Appearance (c) appearance in any court or before any administrative tribunal as a litigant litigant, party, or as a witness under an official order. A litigant is a person engaged in a lawsuit. An official subpoena or any order is a court summonsmade with jurisdiction or (d) unavoidable or indispensable personal matters, subpoena, or citation; d. Illness or medical appointment except for preventative matters which can be taken care and/or diagnosis for a child, spouse, or parent of the employee. e. Other cases of personal necessity approved in advance by the site Principal or supervisor. The employee may grieve the decision of the site Principal or supervisor. The employee shall not be required to secure advanced permission for leave for a-d above. However, advanced notification is required. A request for a substitute teacher shall be made prior to the absence, and a record of absence form shall be filed, prior to the absence, whenever possible. outside work hours Personal necessity leave may not be used for recreation, seeking employment outside the District, or concerted activities against the District. In the case of hardship, by mutual agreement of the Turlock Teachers Association President and the Superintendent or his/her designee, additional days of personal necessity may be drawn from the employee’s accumulated sick leave balance. Should the request be denied by the Superintendent or designee, the denial will not be subject granted for purposes of (a) employee organization (as defined in Government Code Section 3540.1) business or activity; (b) work stoppage, work slowdown or strike; (c) any concerted activity that interferes with the efficient operation of the District; (d) personal convenience or routine, personal activities; (e) vacation, holiday, recreation or social activities, or (f) any activity which results in compensation, income or financial gain to be accrued by a member of the Grievance Procedurebargaining unit or by a member of the immediate family. From The member shall make a reasonable effort to comply with District procedures to enable the maximum District to secure a substitute. The statement of seven (7) days of absence completed by the member shall verify that the personal necessity leave each year, employees may take four (4) days of Discretionary Leave with advanced notification to the site principal or supervisorwas used only for purposes set forth in this section. The remaining member’s signature on the Statement of Absence form (Appendix D) verifies the personal responsibility for which the leave was taken could not have reasonably been fulfilled during hours when the member was not assigned to work. 7.8.3 Up to three (3) additional days are to may be used consistent with normal contractual reasons for personal necessity leaveprior approval from the bargaining unit member’s immediate supervisor. The site Principal If a request is denied by the immediate supervisor the bargaining unit member may appeal the decision to the Assistant Superintendent of Human Resources 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 or in-service training is being conducted on the requested day(s) and the site Principal determines that such leave will have an adverse impact on the testing or required in-service training. This leave shall not be available during periods 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 notificationdesignee.

Appears in 3 contracts

Samples: Employment Agreement, Employment Agreement, Employment Agreement

Personal Necessity Leave. A. Pursuant to Education Code Section 44981, a Unit Member may utilize up to ten (10) days of accumulated sick leave each school year for personal necessity. Such leave shall be taken in either quarter-day, half-day or full-day increments only. B. Personal necessity is defined as an describes a Unit Member's activity that is unavoidable, inevitable, or indispensable, and that cannot reasonably be taken care deferred to another day or time when the Unit Member is free from duties. Personal necessity leave is not for the purposes of attending or participating in functions or activities which are primarily for the Unit Member's pleasure, amusement, or personal convenience; the extension of holidays or vacation periods; accompanying a spouse on a trip; seeking or engaging in other remunerative employment; engaging in a strike, demonstration, picketing, lobbying, rally, campaigning, or political activity; or taking examinations or engaging in other activity related to advanced training. C. Requests for use of personal necessity leave shall be made to the Unit Member’s immediate supervisor at any time other than during least three (3) work days prior to the regularly scheduled teaching day. An employee may use commencement of the leave and shall state the purpose of the leave and the date for which said leave is requested. D. Advance approval is not more than seven (7) days necessary when the leave is required because of accrued sick leave for absences due to: a. Death death, serious injury, or serious illness of to a member of employee’s the Unit Member's immediate family. Serious illness is defined as ; or 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 employee’s person or Unit Member's person, property, or the person or property of the employee’s his/her immediate family;. c. Appearance E. In addition to the purposes specified in court as Section 3.d. above, and with advance notice, a litigant or as a witness under an official order. A litigant is a person engaged in a lawsuit. An official order is a court summons, subpoena, or citation; d. Illness or medical appointment personal necessity leave may be used for preventative care and/or diagnosis for the adoption of a child, spouserequired appearance of the Unit Member before a court, commission, or parent of the employeeother tribunal under subpoena or summons. e. Other cases of F. Immediately upon return to duty from personal necessity approved in advance by the site Principal or supervisor. The employee may grieve the decision of the site Principal or supervisor. The employee shall not be required to secure advanced permission for leave for a-d above. However, advanced notification is required. A request for a substitute teacher shall be made prior to the absence, and a record of absence form shall be filed, prior to the absence, whenever possible. Personal necessity leave may not be used for recreation, seeking employment outside the District, or concerted activities against the District. In the case of hardship, by mutual agreement of the Turlock Teachers Association President and the Superintendent or his/her designee, additional days of personal necessity may be drawn from the employee’s accumulated sick leave balance. Should the request be denied by the Superintendent or designeeleave, the denial will not be subject to Unit Member shall report the Grievance Procedure. From the maximum of seven absence in accordance with established procedures. G. Four (74) days of personal necessity leave each year, employees may take four (4) days be used for any reason at the discretion of Discretionary Leave with advanced notification to the site principal or supervisorUnit Member except any concerted work stoppage. The remaining three (3) days are to be used consistent with normal 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 or in-service training is being conducted on the requested day(s) and the site Principal determines that such leave will have an adverse impact on the testing or required in-service training. This leave Unit Member shall not be available during periods of work stoppages, sickouts, or other concerted activities. Advanced notification is defined as no later than required to give 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 reason for Friday). In the event of unusual circumstances, the Superintendent or designee may waive the restrictions for two (2) full work these days of advance notificationleave.

Appears in 3 contracts

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

Personal Necessity Leave. Personal 7.8.1 Leave which is credited under Section 7.2 of Article 7 (Illness and Injury Leave) may be used, at the member’s election, for purposes of personal necessity, provided that use of such personal necessity is defined as an activity that is unavoidable, inevitable, or indispensable, and that canleave does not be taken care of at any time other than during the regularly scheduled teaching day. An employee may use not more than exceed seven (7) days in any school year. The unit member shall give the site administrator 24-hour advance notice of accrued sick such leave for absences due and duration of such leave, to the extent that emergencies beyond control do not preclude such notice. This leave does not require advanced permission. 7.8.2 For the purpose of this provision, Personal Necessity Leave shall be limited to: a. Death (a) death or serious illness of a bargaining unit member of employeethe member’s family or any person living in the immediate family. Serious illness household of the bargaining unit member (b) an accident which is 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, unforeseen involving the employeebargaining unit member’s person or property, or the person or property of the employeea bargaining unit, member’s immediate family;, or any person living in the immediate household of the bargaining unit member c. Appearance (c) appearance in any court or before any administrative tribunal as a litigant litigant, party, or as a witness under an official order. A litigant is a person engaged in a lawsuit. An official subpoena or any order is a court summonsmade with jurisdiction or (d) unavoidable or indispensable personal matters, subpoena, or citation; d. Illness or medical appointment except for preventative matters which can be taken care and/or diagnosis for a child, spouse, or parent of the employee. e. Other cases of personal necessity approved in advance by the site Principal or supervisor. The employee may grieve the decision of the site Principal or supervisor. The employee shall not be required to secure advanced permission for leave for a-d above. However, advanced notification is required. A request for a substitute teacher shall be made prior to the absence, and a record of absence form shall be filed, prior to the absence, whenever possible. outside work hours Personal necessity leave may not be used for recreation, seeking employment outside the District, or concerted activities against the District. In the case of hardship, by mutual agreement of the Turlock Teachers Association President and the Superintendent or his/her designee, additional days of personal necessity may be drawn from the employee’s accumulated sick leave balance. Should the request be denied by the Superintendent or designee, the denial will not be subject granted for purposes of (a) employee organization (as defined in Government Code Section 3540.1) business or activity; (b) work stoppage, work slowdown or strike; (c) any concerted activity that interferes with the efficient operation of the District; (d) personal convenience or routine, personal activities; (e) vacation, holiday, recreation or social activities, or (f) any activity which results in compensation, income or financial gain to be accrued by a member of the Grievance Procedurebargaining unit or by a member of the immediate family. From The member shall make a reasonable effort to comply with District procedures to enable the maximum District to secure a substitute. The statement of seven (7) days of absence completed by the member shall verify that the personal necessity leave each year, employees may take four (4) days of Discretionary Leave with advanced notification to the site principal or supervisorwas used only for purposes set forth in this section. The remaining member’s signature on the Statement of Absence form verifies the personal responsibility for which the leave was taken could not have reasonably been fulfilled during hours when the member was not assigned to work. 7.8.3 Up to three (3) additional days are to may be used consistent with normal contractual reasons for personal necessity leaveprior approval from the bargaining unit member’s immediate supervisor. The site Principal If a request is denied by the immediate supervisor the bargaining unit member may appeal the decision to the Assistant Superintendent of Human Resources 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 or in-service training is being conducted on the requested day(s) and the site Principal determines that such leave will have an adverse impact on the testing or required in-service training. This leave shall not be available during periods 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 notificationdesignee.

Appears in 2 contracts

Samples: Employment Agreement, Employment Agreement

Personal Necessity Leave. A. Pursuant to Education Code Section 44981, a Unit Member may utilize up to ten (10) days of accumulated sick leave each school year for personal necessity. Such leave shall be taken in either quarter-day, half-day or full-day increments only. B. Personal necessity is defined as an describes a Unit Member's activity that is unavoidable, inevitable, or indispensable, and that cannot reasonably be taken care deferred to another day or time when the Unit Member is free from duties. Personal necessity leave is not for the purposes of attending or participating in functions or activities which are primarily for the Unit Member's pleasure, amusement, or personal convenience; the extension of holidays or vacation periods; accompanying a spouse on a trip; seeking or engaging in other remunerative employment; engaging in a strike, demonstration, picketing, lobbying, rally, campaigning, or political activity; or taking examinations or engaging in other activity related to advanced training. C. Requests for use of personal necessity leave shall be made to the Unit Member’s immediate supervisor at any time other than during least three (3) work days prior to the regularly scheduled teaching day. An employee may use commencement of the leave and shall state the purpose of the leave and the date for which said leave is requested. D. Advance approval is not more than seven (7) days necessary when the leave is required because of accrued sick leave for absences due to: a. Death death, serious injury, or serious illness of to a member of employee’s the Unit Member's immediate family. Serious illness is defined as ; or 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 employee’s person or Unit Member's person, property, or the person or property of the employee’s his/her immediate family;. c. Appearance E. In addition to the purposes specified in court as Section 3.d. above, and with advance notice, a litigant or as a witness under an official order. A litigant is a person engaged in a lawsuit. An official order is a court summons, subpoena, or citation; d. Illness or medical appointment personal necessity leave may be used for preventative care and/or diagnosis for the adoption of a child, spouserequired appearance of the Unit Member before a court, commission, or parent of the employeeother tribunal under subpoena or summons. e. Other cases of F. Immediately upon return to duty from personal necessity approved in advance by the site Principal or supervisor. The employee may grieve the decision of the site Principal or supervisor. The employee shall not be required to secure advanced permission for leave for a-d above. However, advanced notification is required. A request for a substitute teacher shall be made prior to the absence, and a record of absence form shall be filed, prior to the absence, whenever possible. Personal necessity leave may not be used for recreation, seeking employment outside the District, or concerted activities against the District. In the case of hardship, by mutual agreement of the Turlock Teachers Association President and the Superintendent or his/her designee, additional days of personal necessity may be drawn from the employee’s accumulated sick leave balance. Should the request be denied by the Superintendent or designeeleave, the denial will not be subject to Unit Member shall report the Grievance Procedure. From the maximum of seven absence in accordance with established procedures. X. Xxxx (74) days of personal necessity leave each year, employees may take four (4) days be used for any reason at the discretion of Discretionary Leave with advanced notification to the site principal or supervisorUnit Member except any concerted work stoppage. The remaining three (3) days are to be used consistent with normal 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 or in-service training is being conducted on the requested day(s) and the site Principal determines that such leave will have an adverse impact on the testing or required in-service training. This leave Unit Member shall not be available during periods of work stoppages, sickouts, or other concerted activities. Advanced notification is defined as no later than required to give 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 reason for Friday). In the event of unusual circumstances, the Superintendent or designee may waive the restrictions for two (2) full work these days of advance notificationleave.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Personal Necessity Leave. Personal Absences due to personal necessity is defined as an activity that is unavoidable, inevitable, or indispensable, leave shall be deducted from the unit member’s sick leave balance and that cannot be taken care of at any time other than during recorded on the regularly scheduled teaching dayunit member's work report. An employee may use not more than seven (7) Any days of accrued sick leave of absence for absences due toillness or injury under section 14.4 of this Agreement may be used by a unit member, at their election in cases of personal necessity, including, the following: a. Death or serious illness of a member of employeethe unit member’s immediate family. Serious illness family when additional leave is defined as an illness or injury required beyond that necessitates the assistance provided in section 14.1 of a caregiver as determined by a licensed medical professional who has the authority to prescribe medication;this Article. b. Accident, Accident involving the employee’s their person or property, or the person or property of the employee’s a member of their immediate family;. c. Appearance in court as a litigant litigant, party or as a witness under an official ordersubpoena or any order made with justification. A litigant is a person engaged in a lawsuit. An official order is a court summonsIf the unit member receives payment for this appearance, subpoena, or citation;such payment will be forfeited to the DISTRICT. d. Illness or medical appointment for preventative care and/or diagnosis for A serious illness of a child, spouse, or parent member of the employeefamily. e. Other cases of personal necessity Such other reason approved in advance by the site Principal or supervisor. The employee may grieve the decision of the site Principal or supervisor. The employee shall not be required to secure advanced permission for leave for a-d above. However, advanced notification is requiredDISTRICT. A request for a substitute teacher shall be made prior to the absence, and a record of absence form shall be filed, prior to the absence, whenever possible. Personal necessity leave may not be used for recreation, seeking employment outside the District, or concerted activities against the District. In the case of hardship, by mutual agreement of the Turlock Teachers Association President and the Superintendent or his/her designee, additional days of personal necessity may be drawn from the employee’s accumulated sick leave balance. Should the request be denied by the Superintendent or designee, the denial will not be subject to the Grievance Procedure. From the maximum of seven (7) days of accumulated, full-salary sick leave credit may be used for personal necessity leave in each fiscal year. Under no circumstances shall leave be available for purposes of recreation of any kind, employees may take four engaging in other employment of any kind, including direct or indirect self-employment, social events, vacation, any concerted refusal to work, pursuit of other business, financial or economic interests of the unit member, or any illegal activity. For purposes of this section, members of the immediate family mean the mother, father, grandmother, grandfather, or a grandchild of the unit member or of the spouse/registered domestic partner of the unit member, and the spouse/registered domestic partner, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister, sister-in-law of the unit member, or any relative living in the immediate household of the unit member. The unit member shall notify their supervisor no less than five (45) days in advance of Discretionary Leave with advanced notification taking such leave, unless an emergency makes such notice impossible. Personal necessity leave requests shall be submitted to a supervisor by using the site principal or supervisorClassified Time Off Request Form (accessible on the DISTRICT intranet). The remaining three supervisor receiving the request shall provide the unit member with a response within five (35) calendar days are to be used consistent with normal 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% from receipt 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 or in-service training is being conducted on the requested day(s) and the site Principal determines that such leave will have an adverse impact on the testing or required in-service training. This leave shall not be available during periods 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 notificationrequest.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personal Necessity Leave. Personal 10.2.1. Leave which is credited under Article 10.1. above, may be used, at the unit member's election for purposes of personal necessity; provided that use of such personal necessity is defined as an activity that is unavoidable, inevitable, or indispensable, and that canleave does not be taken care of at any time other than during the regularly scheduled teaching day. An employee may use not more than exceed seven (7) days in any school year. For the purposes of accrued sick this Article, a "day" shall be the hourly equivalent of the bargaining unit member's assigned workday at the time the leave for absences due is taken. 10.2.2. For purposes of this Section, personal necessity shall be limited to: a. 1. Death or serious illness of a member of employee’s the unit member's immediate family. Serious illness is 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, 2. An accident which is unforeseen involving the employee’s unit member's person or property, or the person or property of the employee’s a unit member's immediate family; c. Appearance 3. Circumstances that are serious in court nature and cannot be disregarded and which necessitate the immediate attention of the bargaining unit member or religious holiday, provided that, under no circumstances shall leave be available for purposes of personal convenience or the extension of a holiday or a vacation period for matters which can be taken care of outside the work hours, or for recreational activities. 10.2.3. Except where circumstances make it impossible to give prior notice, the bargaining unit member shall notify the appropriate management person of the need for personal necessity leave in order that such leave may be scheduled in such a way as to cause the least impact on the department in which the bargaining unit member works or to enable the district to secure a litigant or as a witness under an official ordersubstitute. 10.2.4. A litigant is a person engaged unit member's signature on the District's Request for Leave of Absence Form shall constitute verification that the Personal Necessity Leave was used only for purposes set forth in a lawsuitArticle 10.2.2. An official order is a court summons, subpoena, or citation; d. Illness or medical appointment for preventative care and/or diagnosis for a child, spouse, or parent of the employee. e. Other cases of personal necessity approved in advance by the site Principal or supervisor. The employee may grieve the decision of the site Principal or supervisor. The employee shall not be required to secure advanced permission for leave for a-d above. However, advanced notification is required. A request for if a substitute teacher shall be made prior to the absence, and a record of absence form shall be filed, prior to the absence, whenever possible. Personal necessity leave may not be used for recreation, seeking employment outside the District, or concerted activities against the District. In the case of hardship, by mutual agreement of the Turlock Teachers Association President and the Superintendent or his/her designee, additional days Supervisor suspects abuse of personal necessity leave, they may be drawn from request that a CSEA and Human Resources representative jointly verify that the employee’s accumulated sick leave balance. Should nature of the request be denied by the Superintendent or designee, the denial will not be subject to the Grievance Procedure. From the maximum of seven (7) days of personal necessity leave each year, employees may take four (4) days of Discretionary Leave with advanced notification to the site principal or supervisor. The remaining three (3) days are to be used consistent with normal 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 or in-service training is being conducted on the requested day(s) and the site Principal determines that such leave will have an adverse impact on the testing or required in-service training. This leave shall not be available during periods 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 notificationvalid.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Personal Necessity Leave. Personal necessity is defined as an activity that is unavoidable, inevitable, or indispensable, and that cannot a. Unit member shall be taken care granted up to a total of at any time other than during the regularly scheduled teaching day. An employee may use not more than seven (7) days of accrued personal necessity leave at full compensation during each year of their employment. Such leave will not be cumulative and will be deducted from the unit member’s sick leave. b. The purpose of this leave is to enable the unit member to take care of urgent personal business that would normally require them to be absent from duty and, therefore, suffer loss of pay as a result. Personal necessity leave is not for personal convenience, recreation, or other employment. c. Leave forms shall be provided at the school site. Unit members may use personal necessity leave for absences due tothe following reasons: a. Death or serious i. Serious illness of a member of employee’s immediate family. ii. Serious illness is 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 employee’s person or property, or the person or property of the employeeunit member or a member of unit member’s immediate family;. c. iii. Extension of Bereavement Leave or bereavement for a person not covered by Bereavement Leave. iv. Appearance in court as a litigant or as a witness under an official order. A litigant is a person engaged in a lawsuit. An official order is a court summonsany proceeding to which they are party. v. Inability to get to assigned place of duty because of circumstances beyond unit member’s control, subpoena, or citation;such time being not less than one full day of leave. d. Illness or medical appointment for preventative care and/or diagnosis for a childFor purposes of this section, members of the immediate family are: parent, parent-in-law, spouse, domestic partner, child, child-in-law, step-parents, step-children, grandparent, xxxxxxxxxx, xxxxxxx, brothers-in-law, sisters-in-law, aunts, uncles, cousins, nieces, nephews, or parent any relative in the immediate household of the employeeunit member. e. Other cases No personal necessity leave shall be granted for purposes of personal necessity approved in advance by convenience, for the site Principal extension of a holiday or supervisorvacation period, or for matters that can be taken care of outside of working hours. The employee District may grieve authorize the decision of the site Principal or supervisor. The employee shall not be required to secure advanced permission for leave for a-d above. However, advanced notification is required. A request for a substitute teacher shall be made prior to the absence, and a record of absence form shall be filed, prior to the absence, whenever possible. Personal necessity leave may not be used for recreation, seeking employment outside the District, or concerted activities against the District. In the case of hardship, by mutual agreement of the Turlock Teachers Association President and the Superintendent or his/her designee, additional days of personal necessity may be drawn from the employee’s accumulated sick leave balance. Should the request be denied by the Superintendent or designee, the denial will not be subject to the Grievance Procedure. From the maximum of seven (7) days use of personal necessity leave each year, employees may take four (4) days of Discretionary Leave with advanced notification to the site principal or supervisor. for purposes not specifically listed in this section. f. The remaining three (3) days are to be used consistent with normal contractual reasons unit members shall request permission in advance for personal necessity leave. The site Principal , except in urgent situations such as a death or supervisor may only deny such request if this leave will result in more than 4% serious illness of a member of the employees of immediate family or accident involving the District being granted this Discretionary Leave on employee’s person or property. g. After an absence due to personal necessity the requested date(s); if employee shall verify the absence by submitting a qualified substitute teacher is not available; or if school-wide testing completed and or in-service training is being conducted on the requested day(s) and the site Principal determines that such leave will have an adverse impact on the testing or required in-service training. This leave shall not be available during periods of work stoppages, sickouts, or other concerted activities. Advanced notification is defined as no later than the close of business two (2) days prior signed absence form 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 notificationtheir immediate supervisor.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personal Necessity Leave. 9.5.1 Leave which is credited under 9.1 (Personal Illness and Injury Leave) of this Article may be used at the unit member’s election for purposes of personal necessity is defined as an activity provided that is unavoidable, inevitable, or indispensable, and that canuse of such personal necessity leave does not be taken care of at exceed seven (7) days in any time other than during the regularly scheduled teaching dayschool year. An employee Employees may use not more than up to five (5) days of the seven (7) days of accrued sick Personal Necessity Leave for personal necessities not specified in this Agreement (commonly referred to as Per Contract or “PC” days) provided that at least 24 hours notice must be given the district. This provision will not be used for concerted activities, for work for remuneration, or when substitutes are not available. Under no circumstances shall “PC” days be used for the extension of a holiday or vacation period. 9.5.2 Personal necessity leave for absences due shall be limited to: a. Death or death of a member of the immediate family when the number of days exceeds that authorized under Section 9.2 of this article (Bereavement Leave); b. serious illness of a member of employeethe unit member’s immediate family. Serious illness is 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, c. an accident which is unforeseen involving the employeeunit member’s person or property, or the person or property of the employeeunit member’s immediate family; c. Appearance d. or other personal necessities which are allowed at the discretion of the Superintendent or designee, such as presence of father at time of childbirth, funeral attendance other than for members of the immediate family, transportation difficulties beyond the control of the unit member, imminent danger to the home or property of the unit member (e.g. flood, area fire, etc.) and appearance in court as a litigant provided the District is not placed in the role of defendant with a unit member as plaintiff. Under no circumstances shall leave by available solely for purposes of personal convenience or as for the extension of a witness under an official order. A litigant is a person engaged in a lawsuit. An official order is a court summonsholiday or vacation period, subpoenafor matters which can be taken care of outside the work hours, or citation; d. Illness or medical appointment for preventative care and/or diagnosis for a child, spouse, or parent of the employeerecreational activities. e. Other cases 9.5.3 Before the utilization of personal necessity approved in advance by leave a unit member must obtain prior approval from the site Principal or supervisor. The employee may grieve the decision of the site Principal or supervisor. The employee shall not be required to secure advanced permission for leave for a-d above. However, advanced notification is required. A request for a substitute teacher shall be made prior to the absence, and a record of absence form shall be filed, prior to the absence, whenever possibleappropriate management person. Personal necessity leave may shall not be arbitrarily denied. Should the circumstances outlined in 9.5.2 arise, the unit members shall make every effort to comply with District procedures to enable the District to secure a substitute. 9.5.4 Under all circumstances a unit member shall verify in writing that the personal necessity leave was used only for purposes as set forth in 9.5.2 (a-d). The District may request verification of Personal Necessity in the event that there is a reasonable suspicion of abuse. A unit member shall be subject to appropriate discipline if the leave was used for recreation, seeking employment outside purposes other than stipulated. This provision is not applicable to the District, or concerted activities against the District. In the case of hardship, by mutual agreement of the Turlock Teachers Association President and the Superintendent or his/her designee, additional days five (5) PC days. 9.5.5 For purposes of personal necessity may an immediate family member shall be drawn from the employee’s accumulated sick leave balance. Should the request same as defined in 9.2.2 – (Bereavement Leave). 9.5.6 A PN/PC Form shall be denied agreed to by the Superintendent or designee, the denial will not be subject parties and attached to the Grievance Procedure. From the maximum of seven (7) days of personal necessity leave each year, employees may take four (4) days of Discretionary Leave with advanced notification to the site principal or supervisor. The remaining three (3) days are to be used consistent with normal 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 or in-service training is being conducted on the requested day(s) and the site Principal determines that such leave will have an adverse impact on the testing or required in-service training. This leave shall not be available during periods 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 notificationAgreement.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Personal Necessity Leave. Personal 7.8.1 Leave which is credited under Section 7.2 of Article 7 (Illness and Injury Leave) may be used, at the member’s election, for purposes of personal necessity, provided that use of such personal necessity is defined as an activity that is unavoidable, inevitable, or indispensable, and that canleave does not be taken care of at any time other than during the regularly scheduled teaching day. An employee may use not more than exceed seven (7) days in any school year. The unit member shall give the site administrator 24-hour advance notice of accrued sick such leave for absences due and duration of such leave, to the extent that emergencies beyond control do not preclude such notice. This leave does not require advanced permission. 7.8.2 For the purpose of this provision, Personal Necessity Leave shall be limited to: a. Death (a) death or serious illness of a bargaining unit member of employeethe member’s family or any person living in the immediate family. Serious illness household of the bargaining unit member (b) an accident which is 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, unforeseen involving the employeebargaining unit member’s person or property, or the person or property of the employeea bargaining unit, member’s immediate family;, or any person living in the immediate household of the bargaining unit member c. Appearance (c) appearance in any court or before any administrative tribunal as a litigant litigant, party, or as a witness under an official order. A litigant is a person engaged in a lawsuit. An official subpoena or any order is a court summonsmade with jurisdiction or (d) unavoidable or indispensable personal matters, subpoena, or citation; d. Illness or medical appointment except for preventative matters which can be taken care and/or diagnosis for a child, spouse, or parent of the employee. e. Other cases of personal necessity approved in advance by the site Principal or supervisor. The employee may grieve the decision of the site Principal or supervisor. The employee shall not be required to secure advanced permission for leave for a-d above. However, advanced notification is required. A request for a substitute teacher shall be made prior to the absence, and a record of absence form shall be filed, prior to the absence, whenever possible. outside work hours Personal necessity leave may not be used for recreation, seeking employment outside the District, or concerted activities against the District. In the case of hardship, by mutual agreement of the Turlock Teachers Association President and the Superintendent or his/her designee, additional days of personal necessity may be drawn from the employee’s accumulated sick leave balance. Should the request be denied by the Superintendent or designee, the denial will not be subject granted for purposes of (a) employee organization (as defined in Government Code Section 3540.1) business or activity; (b) work stoppage, work slowdown or strike; (c) any concerted activity that interferes with the efficient operation of the District; (d) personal convenience or routine, personal activities; (e) vacation, holiday, recreation or social activities, or (f) any activity which results in compensation, income or financial gain to be accrued by a member of the Grievance Procedurebargaining unit or by a member of the immediate family. From The member shall make a reasonable effort to comply with District procedures to enable the maximum of seven (7) days of District to secure a substitute. When an absence is input into the district’s absence management system, the member is verifying that the personal necessity leave each year, employees may take four (4) days of Discretionary Leave with advanced notification was used only for purposes set forth in this section and that the leave taken could not have reasonably been fulfilled during hours when the member was not assigned to the site principal or supervisor. The remaining work. 7.8.3 Up to three (3) additional days are to may be used consistent with normal contractual reasons for personal necessity leaveprior approval from the bargaining unit member’s immediate supervisor. The site Principal If a request is denied by the immediate supervisor the bargaining unit member may appeal the decision to the Assistant Superintendent of Human Resources 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 or in-service training is being conducted on the requested day(s) and the site Principal determines that such leave will have an adverse impact on the testing or required in-service training. This leave shall not be available during periods 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 notificationdesignee.

Appears in 1 contract

Samples: Employee Contract

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