Maternity Leave Allowance
(a) An employee who qualifies for maternity leave pursuant to Clause 21.1, shall be paid a maternity leave allowance in accordance with the Supplemental Employment Benefit (SEB) Plan. In order to receive this allowance, the employee must provide to the Employer, proof that she has applied for and is eligible to receive employment insurance benefits pursuant to the Employment Insurance Act. An employee disentitled or disqualified from receiving employment insurance benefits is not eligible for maternity leave allowance.
(b) Pursuant to the Supplemental Employment Benefit (SEB) Plan, the maternity leave allowance will consist of 15 weekly payments equivalent to the difference between the employment insurance gross benefits and any other earnings received by the employee and 85% of the employee's basic pay.
Period of Leave An employee shall be granted extended military leave for the initial period of enlistment, service, or tour of duty for a period not to exceed five (5) years. In addition, leave shall be granted for a period up to six (6) months from the date of release from duty if the employee requests such extension.
Vacation Leave 11.1 Employees will retain and carry forward any eligible and unused vacation leave that was accrued prior to the effective date of this Agreement.
Extended Leaves Paragraph 1: General Provisions: The superintendent may recommend extended leave for any purpose. In making such recommendations, the superintendent will consider the available replacements and potential benefits to the district, as well as the nature of the request. All recommendations for extended leave must be submitted to the Board for final determination and shall state beginning and ending dates, when possible.
Vacation Leave Maximum Employees may accumulate maximum vacation leave balances not to exceed two hundred and forty (240) hours. However, there are two (2) exceptions that allow vacation leave to accumulate above the maximum:
A. If an employee’s request for vacation leave is denied by the Employer, and the employee is close to the vacation leave maximum, the Employer will grant an extension for each month that the Employer must defer the employee’s request for vacation leave.
B. An employee may also accumulate vacation leave days in excess of two hundred and forty (240) hours as long as the employee uses the excess balance prior to the employee’s anniversary date. Any leave in excess of the maximum that is not deferred in advance of its accrual as described above, will be lost on the employee’s anniversary date.
EXTENDED LEAVES OF ABSENCE A. Extended Leaves of Absence: As applicable, staff members employed during the 2015-16 school year will be “grandfathered” under the terms of the previous language. Provision has been made by the Board of Education for absence from duty of Professional Employees as follows: Health Leave Association Business Leave Parental Leave Military Leave Foreign Travel or Teaching - Academic Study Personal All requests for extended leaves of absence will be applied for and those approved shall be granted in writing. Professional Employees requesting reassignment upon completion of an extended leave of absence will be assigned to the first available position based upon their professional preparation, experience, and certification. Except for Association Business Leave and Military Leave, if a vacancy is not available by the beginning of the second year following the completion of the leave, the leave status ends and the Professional Employee is terminated from the district. Part-time Professional Employees who go on Extended Leave of Absence should not expect to return to a position which would increase their contract time. A part-time Professional Employee returning from Extended Leave of Absence may be offered a position of greater contract time.
B. Health Leave (extended) Any Professional Employee, having served the district for a minimum of three years, or with approval from the Superintendent and/or their designee, whose personal illness or physical incapacity extends beyond accumulated Xxxx Leave will be granted leave of absence without pay or increment for the remainder of the current semester. Health leave may be extended for one additional semester with application, as appropriate and available, made no less than 30 days prior to the conclusion of the current semester. In cases where such notice is not available, consideration will be made at the discretion of the Superintendent and/or their designee. At such time as the employee is diagnosed by their medical advisor as able to return to work, the employee may be returned to a position for which they are licensed, provided one is available, at the beginning of the subsequent semester or school year. Under no circumstances will an employee be entitled to return to a position.
C. Association Business Leave (extended)
1. Professional Employees designated by the recognized employees' organization may, upon request, be granted a leave of absence for up to two years without pay, for the purpose of engaging in activities of local, state, and national affiliates of the Association. Upon return from such a leave, a Professional Employee will be assigned to the same position, if available; or, if not, to a substantially equivalent position.
2. The president of the NEA SM may, upon request, be granted a leave of absence for up to six years for the purposes of performing those duties. The district will annually issue an employment contract to the NEA SM president during the term of the president's service. Such president shall receive Experience Credit as outlined in Article XI (Contracts and Salaries) C. (Experience Credit), 2. (Present Employees), hereof. During the tenure of the NEA SM president, the provisions of Article VIII (Temporary Leaves of Absence) hereof shall not apply to said president, including the accumulation of temporary leave and the reporting of absences to the district. The NEA SM will reimburse the district for all salary and benefits costs associated with the president's compensation. The Association agrees that the NEA SM president does not serve as an agent of the district while performing duties of the NEA SM president. Accordingly, the Association agrees to indemnify and hold the district harmless for any action of the NEA SM president while performing duties of the NEA SM president. Upon return from such leave, the NEA SM president will be assigned to the same position, if available, or, if not, to a substantially equivalent position. During the president's leave of absence, the president may agree to accept an additional assignment from the district. In that case, the district and the president shall agree (a) to the president's duties and responsibilities, (b) the terms and conditions of that assignment, and (c) an appropriate credit toward the NEA SM reimbursement for the president's salary and benefits.
D. Parental Leave (extended)
1. A Professional Employee may be granted a leave of absence, without pay or increment, for the purpose of prenatal care, or for the purpose of childcare, upon the birth of or adoption of a child. Under special/appropriate circumstances, approved Parental Leave (extended) may be adjusted/discontinued with the approval of the Superintendent and/or their designee.
a. In the event of pregnancy, the Professional Employee shall file a request for extended parental leave with the Human Resources Office at the beginning of the third trimester of pregnancy.
b. In the event of an adoption, the Professional Employee shall file written notice with Human Resources at the time the Professional Employee received notice from the adoption agency.
c. Such leave may commence at any time and will extend through the end of the current semester.
d. Upon written application, such leave may be extended for one semester. Exceptions to this policy will be governed by the requirements of the Family and Medical Leave Act.
E. Military Leave (extended)
1. Leave for military or alternate civilian service, as provided by law or in the regulations of the Selective Service System, will be granted, without pay or increment, to any Professional Employee who is inducted or enlists in active military or civilian services. This leave shall continue for the duration of the period of actual service and for ninety (90) days immediately following the honorable discharge or separation of the employee.
2. Within ninety (90) days following the honorable discharge, each person desiring reinstatement shall so notify the Board and shall furnish evidence of physical fitness and mental competence to do the kind of work the Professional Employee was doing at the time leave was granted, or such work as may be available.
3. This leave does not include or guarantee any assignment in addition to, or independent of, the standard assignment or any extra-standard salary allotment therefor.
4. Every possible consideration and preference in assignment shall be accorded to persons returning to the schools from the Armed Services.
5. This leave applies only to persons who enter military service, and does not apply to persons who voluntarily seek employment in war industries or other governmental positions.
6. Professional Employees who are members of units of the National Guard or reserve forces of the United States and who are called to serve a mandated tour of duty for training or other service by proper authority pursuant to the laws of the United States or of the State of Kansas, shall be granted a leave of absence not to exceed fifteen (15) days during a contract period. Professional Employees called to serve will select those duty options which least interfere with the educational program of the District. The Professional Employee will be reimbursed by the District to make up any difference between the Professional Employee's base contract daily rate and the Professional Employee's military pay during this leave of absence.
F. Foreign Travel or Teaching; Academic Study (extended)
1. Foreign Travel
Annual Leave 17.1 An employee shall be entitled to four weeks annual leave for each twelve months’ service with the Company, exclusive of public holidays. Annual leave accumulates monthly on a pro rata basis.
17.2 The annual leave entitlement for each part time employee shall be calculated pro rata according to the ordinary hours he or she actually works.
17.3 The time of giving and taking of leave shall be by mutual arrangement between the Company and the employee concerned.
17.4 The Company may direct an employee to take annual leave during any shut down, including any such shut down over the Christmas and New Year period, provided the employee has an accrued annual leave balance that will at least cover the period of the shut down.
17.5 The Company may direct an employee to take up to a quarter of his or her total accrued annual leave entitlement if the employee’s accrued annual leave entitlement exceeds 8 weeks.
17.6 Payment for annual leave shall be made at the relevant minimum rate of pay in clause 19 – Minimum wages, plus a loading of 17.5 per cent on that rate of pay.
17.7 The Company may allow annual leave to be taken by an employee before the right thereto has accrued due.
17.8 An employee has no entitlement to the payment of the loading, when annual leave is taken wholly or partly in advance, until an entitlement accrues due and the loading is then payable in respect of the period of such leave and is calculated on the relevant minimum rate of pay in clause 19 – Minimum wages, payable at the accruing of the entitlement.
17.9 Where leave has been granted to an employee before the leave has accrued due, the Company may deduct the balance of the payment to the employee for that leave period from whatever remuneration is payable to him or her upon the cessation of employment.
17.10 An employee whose employment is terminated by the Company or who lawfully leaves the employment shall be entitled to a pro rata payment calculated on his or her relevant minimum rate of pay in clause 19 – Minimum wages, for the period in respect of which annual leave has not been taken, provided that the loading in clause 17.6 shall only be paid in respect of paid out annual leave for employees who have been employed for a minimum 12 months with the Company.
Paid Leaves SECTION A At the beginning of the school year, each administrator shall be credited with ten (10) days sick leave per year for all administrators except the High School Principal, Chief Information Officer, Director of Facilities/Maintenance, and the Director of Adult Education who shall be credited with twelve (12) sick leave days per year, accruable to a maximum of one hundred twenty (120) days. Unused personal business leave days may be accrued at the rate of two (2) days per year to extend maximum sick leave accumulation to one hundred forty (140) days. If the administrator should become a teacher in the district, teacher sick leave policies will apply.
SECTION B Up to five (5) days of accrued sick leave per fiscal year (July 1 through June 30) may be used for the critical illness of a member of the administrator’s immediate family which shall be defined as the administrator’s spouse, child, parent, or any relative who is a permanent resident of the administrator’s household or is a dependent for tax purposes. Critical illness shall be defined as a serious emergency or life-threatening condition requiring the presence of the administrator.
SECTION C An administrator may use up to four (4) days per fiscal year, not charged to sick leave, for personal business. These days shall not be accumulative except as indicated in Section A. The use of these days must be arranged in advance with the Assistant Superintendent for Personnel. An administrator planning to use a personal business day at least three (3) days in advance, except in cases of emergency. Prior approval by the Superintendent is required for personal business days taken the day before or the day following a holiday or vacation or during the first five (5) or last five (5) days of the school year.
SECTION D Each administrator will be granted five (5) days leave not charged to sick leave in the case of a death in the immediate family which shall be defined as parent, spouse, and child. Two (2) days not charged to sick leave, will be granted for the death of grandparents, grandchildren, and siblings (including in-law and step-relatives.) One (1) day, not charged to sick leave, may be granted by the Assistant Superintendent of Human Resources for the funeral of a person whose relationship to the administrator warrants such attendance. Additional days may be granted by the Superintendent.
SECTION E Each fiscal year an administrator will be allowed one (1) professional day which may accumulate from year to year to a maximum of five (5) days. Subject to the prior approval of the Assistant Superintendent for Personnel, a professional day(s) may be used for any educational purpose. A written request shall be made at least five (5) days in advance of a planned professional day absence.
SECTION F An administrator who is summoned and reports for jury duty, as prescribed by applicable law, shall receive regular compensation. Any compensation received for jury service (not to include expense reimbursement) shall be submitted to the Assistant Superintendent for Personnel or his designee. Leave of absence with pay shall be granted for court appearances as a witness in any case in which the administrator’s connection with the case stems from his employment with the Board, provided that the legal action is not instigated by or on behalf of the administrator or Association against the Board. Any witness fee paid to the administrator shall be submitted to the Assistant Superintendent for Personnel. Worker’s compensation will be the exclusive remedy for any work-related injury or disability provided worker’s compensation is available.
Paid Leave Contributions will continue whilst a member of a fund is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave, or other paid leave.
Illness Leave Employees on an illness leave shall use all of their available entitlement time (i.e., vacation and paid or unpaid personal days) prior to using excused unpaid time.
