Common use of Retraining and Study Leave Clause in Contracts

Retraining and Study Leave. The District may grant a leave of absence to a bargaining unit member for study or retraining, at its sole discretion. Study or retraining leaves of absence may be taken in separate six (6) month periods or in any other periods designated by the District for a maximum cumulative leave of one (1) year, provided that the total leave of one (1) year shall be commenced and completed within a three (3) year period. To be eligible for a study or retraining leave, the bargaining unit member must have seven (7) consecutive years of fulltime paid service in the District. To be eligible for a study or retraining leave, the bargaining unit member must agree to render at least two years of service in the employment of the District after returning from the leave. A bargaining unit member who has received a study or retraining leave shall not be considered to be eligible for further leaves under this Section. To apply for a study or retraining leave, the bargaining unit member must submit a total study or retraining plan including name of education or training institutions, proof of acceptance into the program, a detailed description of the program, a detailed description of the skills, knowledge and abilities the bargaining unit member will gain during the leave, a statement of the direct use of the skills, knowledge, and abilities in future service to the District, a suggested leave time-line and the number of hours of required attendance in the program. The application must be submitted to the Superintendent or designee not later than three (3) months prior to the proposed beginning date of the leave. Bargaining unit members granted a study or retraining leave shall be required to perform such services during the leave as the District and the bargaining unit member agree to in writing. A bargaining unit member on a District-approved study or retraining leave shall receive the difference between the salary of the bargaining unit member on leave and the salary of a substitute in the position previously held by the member on leave. If a substitute is not utilized, the bargaining unit member on leave shall receive one- half of the bargaining unit member’s regular rate of pay. Any compensation granted by the District to a bargaining unit member on leave shall be paid in two equal, annual installments during the first two years of service rendered in the employment of the District following completion of the leave. However, if the bargaining unit member furnishes a suitable bond indemnifying the District against loss in the event that the member fails to render at least two (2) years’ service following the completion of the study and retraining leave, the compensation approved by the District will be paid the bargaining unit member on leave in the same manner as the member were in working status. A bargaining unit member on study or retraining leave shall not earn, nor be entitled to use sick leave, vacation, holiday or any other form of paid leave. A bargaining unit member on study or retraining leave shall not earn seniority while on leave and shall not be eligible to receive fringe benefits provided in Article 10 (Compensation). The District may terminate a member on a retraining and study leave and recover any or all compensation granted to the members on leave if the member fails to comply with the provisions of this Agreement related to such leaves or any reasonable requests made by the District. Issues arising out of the exercise by the District and administration of its responsibilities concerning the approval/disapproval of leave under Section 7.10 of this article including the facts underlying its exercise of such discretion, shall not be subject to Article 9 (Grievance Procedures).

Retraining and Study Leave. The District may grant a leave of absence to a member of the bargaining unit member for study or retraining, at its sole discretion. a. A study or retraining leave may be granted for a period not to exceed one (1) year. Study or retraining leaves leave of absence may also be taken in separate six (6) month 6)-month periods or in any other appropriate periods designated by rather than a continuous one (1)-year period, provided the District for a maximum cumulative separate periods of leave of one (1) year, provided that the total leave of one (1) year absence shall be commenced and completed within a three (3) year -year period. Any period of service by the individual intervening between the authorized separate periods shall comprise a part of the service required for a subsequent leave of absence for study or retraining purposes. b. To be eligible for a study or retraining leave, the bargaining unit member employee must have seven (7) consecutive years of fulltime full-time paid service in the District. To be eligible for a retraining leave, the employee must have three (3) consecutive years of full-time service in the District. To be eligible for a study or retraining leave, the bargaining unit member employee must agree to render at least two (2) years of additional service in the employment employ of the District after returning from the leave. A bargaining unit member who has received a study or retraining leave shall not be considered to be eligible for further leaves under this Section. District. c. To apply for a study or retraining leave, the bargaining unit member employee must submit a total study or retraining plan plan, including name of education educational or training institutions, proof of acceptance into the program, a detailed description of the program, a detailed description of the skills, knowledge and abilities the bargaining unit member employee will gain during the leave, a statement of the direct use of the skills, knowledge, knowledge and abilities in future service to the District, a suggested leave time-line and line, the number of hours of required attendance in the program. The application must be submitted to the Superintendent or designee president/superintendent not later than three (3) months prior to the proposed beginning date of the leave. d. No more than three (3) of the regularly employed full-time classified employees may be on retraining or study leave at any one time. Bargaining unit members No more than one study leave of absence shall be granted in each seven (7)-year period. No more than one retraining leave of absence shall be granted in each three (3)-year period. e. An employee on a District-approved study or retraining leave shall receive the difference between the salary of the employee on leave and the salary of a substitute employee in the position previously held by the employee on leave. If a substitute is not utilized, the employee on leave shall receive one-half of the employee's regular rate of pay. The compensation approved by the District will be paid to the employee on leave in the same manner as if the employee were in working status. f. Any leave of absence granted under this policy shall not be deemed a break in service for any purpose, except that such leave shall not be included as service in computing service to the granting of any subsequent leave under this type of leave, nor shall employee earn vacation pay, sick leave, holiday pay, or other benefits provided under this agreement. g. Employees granted a study or retraining leave shall be required to perform such services during the leave as the District and the bargaining unit member employee agree to in writing. A bargaining unit member on . h. The Board may terminate a District-approved study or retraining leave shall receive the difference between the salary of the bargaining unit member on leave and the salary of a substitute in the position previously held by the member on leave. If a substitute is not utilized, the bargaining unit member on leave shall receive one- half of the bargaining unit member’s regular rate of pay. Any compensation granted by the District to a bargaining unit member on leave shall be paid in two equal, annual installments during the first two years of service rendered in the employment of the District following completion of the leave. However, if the bargaining unit member furnishes a suitable bond indemnifying the District against loss in the event that the member fails to render at least two (2) years’ service following the completion of the study and retraining leave, the compensation approved by the District will be paid the bargaining unit member on leave in the same manner as the member were in working status. A bargaining unit member on study or retraining leave shall not earn, nor be entitled to use sick leave, vacation, holiday or any other form of paid leave. A bargaining unit member on study or retraining leave shall not earn seniority while on leave and shall not be eligible to receive fringe benefits provided in Article 10 (Compensation). The District may terminate a member on a retraining and study leave employee and recover any or all compensation granted to the members on leave employee if the member employee fails to comply with the provisions of this Agreement agreement related to such leaves or any reasonable requests made by the District. Issues arising out of the exercise by the District and administration of its responsibilities concerning the approval/disapproval of leave under Section 7.10 of this article including the facts underlying its exercise of such discretion, shall not be subject to Article 9 (Grievance Procedures).