Sick Bank. (1) A “Sick Leave Bank” shall be established. The purpose of said bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use. (2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank. (3) Each unit member may contribute a total of two (2) days from his/her sick leave accumulation to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from the Sick Leave Bank for each year of service. (4) All donations to the Sick Leave Bank will be voluntary. (5) All days not used in a year will be retained in the Sick Leave Bank. (6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made. (7) Unit members using sick leave days from the Bank will not have to replace those days. (8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school. (9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days. (10) Procedure for processing requests for Sick Bank days: (a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form. (b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt. (c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply. (d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee. (e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law). (11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall: (a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities; (b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and (c) Consider the applicant’s prior record of sick leave use. (12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO). (a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation; (b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement. (c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation. (d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work. (13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA). (14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association. (15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement. (16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury. (17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Sick Bank. (1) . A “Sick Leave Bank” sick leave bank for all nurses and members of the bargaining unit with Professional Teacher Status shall be established. The purpose Wareham School Committee shall make an initial contribution of said one hundred (100) sick days. Eligible teachers who wish to be members of the sick leave bank shall become members by contributing one sick day of their accumulated sick leave each year until the bank contains five hundred (500) sick days. Teachers who enter the Wareham School Department and/or become Professional Teachers after the establishment of the sick leave bank shall become eligible by contributing one sick day to the bank. As of September 30 each year, if the sick bank contains fewer than 500 sick days, eligible teachers shall contribute one sick day in order to remain a member. Sick bank members will remain active members unless they notify the clerk in writing by September 15 of the school year. New members must sign up by September 15.
2. The sick leave bank shall be administered by a joint committee consisting of two school committee members appointed by the Wareham School Committee, two Wareham Education Association sick bank members appointed by the Wareham Education Association, and the Superintendent of Schools who shall be a non-voting member who serves as the Clerk of the Committee. School Committee members and Wareham Education Association members of the Sick Bank Committee shall be appointed annually and limited to aid only unit a maximum term of four (4) years. The Clerk shall be responsible for posting an annual list of available days in the bank.
3. Eligible members whose who have used up all of their accumulated sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid may apply to use the sick leave for extreme hardship cases due bank provided that application is made to personal illness and/or personal injury the Sick Bank Committee, and said application states the nature of the disability and the anticipated period of recovery. A physician's letter confirming the disability and anticipated period of recovery shall not be for casual useaccompany the application.
(2) No qualified unit member 4. The minimum number of sick days that can be granted for a single disability shall be permitted five (5) and the maximum number shall be fifty (50). The amount of days granted shall be granted on a matching basis up to use more than 93 the maximum number of fifty days from e.g., if the Sick Leave Bank.
(3) Each unit member may contribute a total eligible teacher used forty of two (2) days from his/her sick days because of the disability, the sick leave accumulation to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use bank could grant no more than fifteen (15) forty days from the Sick Leave Bank for each year of service.
(4) All donations to the Sick Leave teacher. Notwithstanding the provisions of the previous two sentences of this section, sick leave bank members are eligible to apply to the Bank will be voluntary.
(5) All up to two times per disability for a total amount of days not used in a year will be retained in the Sick Leave Bank.
to exceed one hundred (6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law100).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures5. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MROa new contract or an extension of an existing contract, the Board and balance of days in the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall bank will be final and not subject carried over to the grievance procedure contained in this Agreementsucceeding contract.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Sick Bank. (1) A “Sick Leave Bank” shall be established. The purpose intent of said the sick leave bank shall be to assist and aid only bargaining unit members whose who experience unusual circumstances that cause a need for sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident beyond that which causes disability; and (c) disability arising from pregnancy by providing additional paid they have earned or accrued. The sick bank is operated in the following manner:
17.2.1 Each professional staff member shall contribute to the bank two sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual usedays per employment year.
(2) No qualified 17.2.2 The sick leave days contributed by the bargaining unit member shall be permitted accrue from year to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) days from his/her sick leave accumulation year to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from the Sick Leave Bank for each year of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by 450 days. If the bank reaches the maximum, members of the bargaining unit will not contribute to the sick bank. When the sick bank drops to 325 days, bargaining unit members will each tenured unit member may be made.
(7) Unit members using contribute the equivalent of 2 sick leave days from per employment year until the Bank will not have to replace those daysbank again reaches the 450 days maximum.
(8) No days may 17.2.3 Requests for the sick bank reserve shall be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, made to the Human Resources Department who will promptly provide a copy to Department. The President of the Association. SEA approval is assumed unless SEA informs Association and the Human Resources Department President of its concerns regarding the request within three (3) days of receiptCollege or their respective designees shall approve the sick bank withdrawals.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank 17.2.3.1 Written application shall be made by majority vote the employee or his/her designee using the appropriate form provided by the Human Resources Department.
17.2.3.2 Professional evidence of need shall support the claim.
17.2.3.3 Limitations on employee withdrawals may be made at the discretion of the committee members present President of the Association and voting. In case the President of the College up to a tie votemaximum of 130 working days or until the employee becomes eligible for the total disability plan, whichever is earlier.
17.2.4 The decisions of the President of the Association and the President of the College shall be neither grievable nor arbitrable; however, if they are unable to agree or make a decision, the case employee may request expedited arbitration from a local dispute resolution center. The cost of the arbitration shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne shared equally by the Board College and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent arbitrator shall be final and not subject limited to granting no more than the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days which would otherwise have been awarded as specified in paragraph 17.2.3.3.
17.2.5 Beginning with fiscal year 1991-92, if the Professional Administrators Association sick bank has less than three hundred twenty-five (325) days, then one hundred percent (100%) of the sick leave left by employees who terminate will accrue to the Professional Administrators Association sick bank. Also, retiring employees who do not apply all unused sick leave to pay for health insurance (See Article 17.3) shall have their unused sick leave remaining in added to the Bank, etcProfessional Administrators Association sick bank.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Sick Bank. (1) A “The Sick Leave Bank” Bank is a program where regular-contract teachers contribute personal illness or business hours to a bank, to use if their individual personal illness and business hours are exhausted and they experience a long-term illness or surgery. Teachers may join the Sick Leave Bank only during an open- enrollment period. Human Resources shall be establishedsend the Sick Leave Bank Letter to all teachers reminding them of the Sick Leave Bank policies set forth herein within the first thirty (30) workdays of each school year. The purpose open-enrollment period is defined as two weeks immediately following the date the Sick Bank Letter is sent, or for newly-hired teachers, the teacher’s first thirty (30) days of said bank shall employment. During open-enrollment, every eligible teacher will be given the opportunity to aid only unit members whose participate in the Sick Leave Bank by contributing eight (8) hours from their sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing allotment. Only participants in the Bank are eligible for access to Bank hours. Any teacher in need of additional paid sick leave hours may apply to the Joint Sick Leave Committee for extreme hardship cases due to consideration of the request. The criteria that must be met by the teacher applying for Sick Leave Bank hours are:
a. Teachers must have exhausted all of their personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days and business hours before they request hours from the Sick Leave Bank.;
b. In order to be eligible to use Sick Leave Bank hours, teachers shall have been absent due to personal illness at least six (36) Each unit member may contribute a total of two (2) consecutive school days immediately prior to the day they request hours from his/her sick leave accumulation to the Sick Leave Bank. If all benefit days have been exhausted, teachers will not be paid until they accumulate six (6) consecutive school day absences at which time Sick Leave Bank would begin;
c. The Sick Leave Bank hours requested shall apply to days prior to the date when the teacher's long-term disability insurance could or would commence, and
d. The Sick Leave Bank hours shall take effect immediately following the exhaustion of the teacher's personal sick leave and personal business providing the above conditions have been met.
e. Teachers must submit a pre-tenure teacher elects this option, he/she letter to Human Resources requesting Sick Leave Bank hours along with a medical document from their doctor stating the reason for the request. The Joint Sick Leave Committee consisting of the Executive Director of Human Resources or designee and the Association President or designee shall administer the Sick Leave Bank. The Board will provide the Joint Sick Leave Committee with accurate accounting of the number of hours and the names of participating teachers in the Sick Leave Bank as requested by the Joint Sick Leave Committee. Any hours left over at the end of the school year shall carry over to succeeding years. Teachers with fewer than six FWCS contracts will be permitted to use no more than fifteen (15) days provided a maximum of 160 hours from the Sick Leave Bank Bank. Teachers with six or more FWCS contracts will be provided an additional 160 hours for each year a maximum of service.
(4) All donations 320 hours from the Sick Leave Bank. Temporary and substitute teachers who are not regular-contract teachers and are not eligible for participation in the Sick Leave Bank. The Joint Sick Leave Committee may grant access to the Sick Leave Bank will be voluntary.
due to catastrophic illness or injury of a teacher’s dependent on a case-by-case basis. Teachers must submit a letter to Human Resources requesting the special exception and provide medical documentation of the injury or illness. Teachers must have exhausted all of their family illness leave, five days (540 hours) All days not used in of their personal illness leave for a year will be retained in family member, and all of their personal business leave before requesting leave from the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incompleteCommittee grants the exception, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the all other Sick Leave Bank rules pertaining to consecutive absences and maximum allowable hours shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO)apply.
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 2 contracts
Samples: Master Contract, Master Contract
Sick Bank. (1) A “The Sick Leave Bank” Bank is a program where regular-contract teachers contribute personal illness or business hours to a bank, to use if their individual personal illness and business hours are exhausted and they experience a long-term illness or surgery. Teachers may join the Sick Leave Bank only during an open- enrollment period. Human Resources shall be establishedsend the Sick Leave Bank Letter to all teachers reminding them of the Sick Leave Bank policies set forth herein within the first thirty (30) workdays of each school year. The purpose open-enrollment period is defined as two weeks immediately following the date the Sick Bank Letter is sent, or for newly-hired teachers, the teacher’s first thirty (30) days of said bank shall employment. During open-enrollment, every eligible teacher will be given the opportunity to aid only unit members whose participate in the Sick Leave Bank by contributing eight (8) hours from their sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing allotment. Only participants in the Bank are eligible for access to Bank hours. Any teacher in need of additional paid sick leave hours may apply to the Joint Sick Leave Committee for extreme hardship cases due to consideration of the request. The criteria that must be met by the teacher applying for Sick Leave Bank hours are:
a. Teachers must have exhausted all of their personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days and business hours before they request hours from the Sick Leave Bank.;
b. In order to be eligible to use Sick Leave Bank hours, teachers shall have been absent due to personal illness at least ten (310) Each unit member may contribute a total of two (2) consecutive school days immediately prior to the day they request hours from his/her sick leave accumulation to the Sick Leave Bank. If all benefit days have been exhausted, teachers will not be paid until they accumulate ten (10) consecutive school day absences at which time Sick Leave Bank would begin;
c. The Sick Leave Bank hours requested shall apply to days prior to the date when the teacher's long-term disability insurance could or would commence, and
d. The Sick Leave Bank hours shall take effect immediately following the exhaustion of the teacher's personal sick leave and personal business providing the above conditions have been met.
e. Teachers must submit a pre-tenure teacher elects this option, he/she letter to Human Resources requesting Sick Leave Bank hours along with a medical document from their doctor stating the reason for the request. The Joint Sick Leave Committee consisting of the Director of Human Resources or designee and the Association President or designee shall administer the Sick Leave Bank. The Board will provide the Joint Sick Leave Committee with accurate accounting of the number of hours and the names of participating teachers in the Sick Leave Bank as requested by the Joint Sick Leave Committee. Any hours left over at the end of the school year shall carry over to succeeding years. Teachers with six or more FWCS contracts will be permitted to use no more than fifteen (15) days provided a maximum of 320 hours from the Sick Leave Bank for each year Bank. Teachers with less than six FWCS contracts will be provided a maximum of service.
(4) All donations to 160 hours from the Sick Leave Bank will be voluntary.
(5) All days Bank. Temporary and substitute teachers are not used in a year will be retained regular-contract teachers and are not eligible for participation in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 2 contracts
Samples: Master Contract, Master Contract
Sick Bank. (1) A “There shall be a Sick Leave Bank” Bank available to bargaining unit members who have exhausted their individual sick, vacation, and personal leave accruals for legitimate, prolonged personal illness that cause either consecutive or frequent, but intermittent absences from work. The Sick Leave Bank shall be established. subject to the following rules and procedures: The purpose of said bank Sick Leave Bank shall be administered by a Sick Leave Bank Committee comprised of two Union representatives and two management representatives to aid only unit members whose sick leave accumulation has been exhausted be selected by the Union and who suffer prolonged absence from (a) a disabling conditionthe Town of Belchertown, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified respectively. Each bargaining unit member shall have deducted from their annual sick leave accrual 24 hours of sick leave as of the first day of each fiscal year beginning July 1 2022, unless the sick leave bank has reached it maximum balance. Employee who do not have 24 hours of sick leave available on any given Jul l st will have their next sick leave accruals directed to the Sick leave Bank by the Town of Belchertown. If any bargaining unit member wishing to contribute additional sick leave hours can do so. The process will be permitted done in writing to use more than 93 days from the members of the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) days from his/her Bank committee. If an employee has reached the maximum allotted sick leave accumulation time this excess sick time will be directed to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from the The Sick Leave Bank for each year of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of have a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick balance to 2200 hours. Request for leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote in writing to the Town Administrator, who will convene a meeting of the committee members present Sick Leave Bank Committee to determine whether or not to approve the request. Any requirement for a note supporting the need for sick leave or FMLA leave, if applicable, shall also apply. The Sick Leave Bank Committee will no act on a request for sick leave from the Sick Leave Bank until any such requirements have been met and votingthe leave of absence has been approved. In case of a tie votedetermining whether to grant the request, the case shall be referred to Sick Leave Bank Committee may consider any factors it deems relevant including, but not limited to, the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all circumstance of the employee's illness, medical documentation from supporting the unit member’s treating physician(s) to request, the MRO. The MRO shall be a licensed physicianemployee's prior sick leave use, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreementemployee's employment, subject the expected duration and/or frequency of the employee's absence, the hardship to reappointment by agreement the employee and the availability of both partiesother income replacements benefits (e.g., short-term or long-term disability insurance). The medical documentation submitted Sick Leave Bank Committee may deny a request if the employee does not provide any requested documentation. Rather than granting or denying a request, the Sick Leave Bank Committee may elect to grant the employee's request in part (e.g., award 15 days of sick leave when 30 has been requested), and may consider the employee's regular schedule in determining how many day to award. No individual may receive more than 90 days of sick leave from the Sick Leave Bank in any 12 month period. Employees receiving workers' compensation benefits shall detail not be eligible for sick leave from the seriousness and nature Sick Leave Bank. All decisions of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and Sick Leave Bank Committee are final and are not subject to the grievance procedure outlined in this Agreementand arbitration procedure.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Sick Bank. (1) A “A. There is hereby established a Sick Leave Bank” shall be establishedBank for the employees covered by the Collective Bargaining Agreement under the following rules and regulations:
i. The Sick Leave Bank is a benefit available to support paraprofessionals who, due to a prolonged serious illness, have exhausted their accumulated sick, personal, or other leave time and may require additional time to recover from their illness. The purpose of said bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) days from his/her sick leave accumulation to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from the Sick Leave Bank is to provide support for each year STU members who are experiencing the devastating effects of servicea serious, long- term illness or injury. It is not designed to replace or extend accrued sick time for individual employees and it should not be used for purposes for which it was not intended.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the requestii. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made administered by majority vote the Office of Human Capital, under the direction of the committee Superintendent. When new members present and voting. In case of a tie votethe Bargaining Unit are initially employed, the case Administration shall be referred provide such members with an enrollment form. Any employee, who so desires, may assign one sick leave day to the Medical Review Officer general Xxxx Leave Bank within thirty (MRO)30) days from the date of employment.
(a) The unit member shall be notified to submit all medical documentation from iii. At any such time that the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement total number of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise days in the field of the illness or injury presentedSick Leave Bank is reduced to one hundred (100), any employee wishing to confirm the treating physician's reportcontinue membership shall contribute one additional day. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that an employee has no sick leave credit from which to contribute and said absence of sick leave credit is the parties cannot agree sole result of earlier participation within the bank during that school year or current participation within the bank, then that employee shall continue to be a member, but must contribute a sick day as soon as he or she receives creditable sick leave.
iv. When the sick leave bank is reduced to 100 days, the District will provide members of the Bargaining Unit with the following notice:
v. Any employee, who is a member of the Sick Leave Bank, has exhausted his or her leave time, and who requires additional time to recover from a serious illness or injury may, after five (5) consecutive no-pay absences, starting on the sixth (6th) working day, draw upon the selection bank for no more than thirty (30) working days, provided that adequate medical certification has been submitted along with a Sick Bank Withdrawal Application. Documentation from a medical professional must be submitted verifying the nature of said MROthe serious illness or injury requiring the employee to remain absent for a prolonged period of time. Medical documentation must also provide an indication of an expected return date and/or date upon which the employee is to be re-evaluated.
vi. The School Committee retains the right to require employees seeking withdrawals from the Sick Bank to obtain a second opinion by visiting a physician selected by the School Committee and paid for by the School Committee.
vii. Upon the expiration of the thirty (30) working days of Sick Bank time, the Board and employee shall either return to work or submit a Sick Bank Extension Application to Human Resources not less than five (5) calendar days prior to the Association shall submit the matter to binding arbitration under the rules expiration of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.initial thirty
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Sick Bank. (1) A “Sick Leave Bank” shall be established. The purpose of said bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) days from his/her sick leave accumulation to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from the Sick Leave Bank for each year of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations established through the contribution of a maximum of two (2) earned sick days by each tenured unit member may active employees represented by the Utica Teachers Association. Under no circumstances at any time shall the District contribute days to the bank. The Sick Bank shall be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated available to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership only in the Bank shall case of catastrophic, long-term, or terminal illness and cannot be allowed to withdraw contributed daysused until an individual teacher’s accrued sick time has been exhausted.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Rules and regulations for the administration of the Sick Bank days shall obtain from be drawn and adopted by a committee appointed by the Association or from UTA; said committee will also be responsible for the Human Resources Department a copy administration of the SEA Sick Bank Request formBank. Following each meeting, the committee shall issue a written report of items under discussion to the Director of Human Resources, including the number of sick days awarded, and an explanation of the criteria for eligibility for an award of sick days upon which the sick days were awarded, including the medical basis therefor.
(b) The unit member following criteria shall submit be used by the Sick Bank in making determinations for granting leave under this Article:
i. Only illnesses and injuries that are long-term, catastrophic or terminal will be considered as acceptable for Sick Bank use.
ii. For purposes of this provision a completed Request formlong-term illness or injury shall be defined as any disabling injury, including illness or surgery requiring a completed Physician Statementdisability period of longer than twenty (20) continuous work days.
iii. For purposes of this provision, a catastrophic illness or injury shall be defined as a severe condition, or combination of conditions, that affects the physical or mental health of the employee, or results in a life-threatening or life function altering condition; and requires a medically supported extended period of absence from work. Such life functions include, but are not limited to, loss of physical senses, loss of physiological senses or loss of limb. Pregnancy is not considered a catastrophic illness or a long-term illness or injury. High risk pregnancies or complications arising from a pregnancy may, however, be considered as a catastrophic illness or condition.
iv. Employees receiving Workers’ Compensation benefits, except as specified in Article 17 of the collective bargaining agreement, and employees receiving short-term disability, long-term disability (LTD), or Social Security disability benefits shall not be eligible to receive benefit payments from the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receiptSick Bank.
(c) The Human Resources Department shall review Sick Bank may initially award an individual a maximum of fifty (50) sick days for any illness and/or ongoing medical condition that meets the Request form requirements for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to complyconsideration of eligibility for Sick Bank Days.
(d) The Human Resources Department shall promptly review and respond If an employee on leave covered by Sick Bank anticipates the need for leave time beyond the original fifty (50) days, they must apply to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will for an extension of leave time at least fourteen (14) calendar days prior to the expiration of Sick Bank leave. If the employee fails to meet this time line, he/she may be convened subject to review unpaid leave days pending a final determination on the requestrequest for an extension. Any pertinent medical information necessary for the Sick Bank Committee to make an informed recommendation should be supplied at this time. The unit Sick Bank Committee shall notify the member may be required of the Committee’s intent to submit additional information the request for extension to the consideration Director of Human Resources, or the denial of an extension, within seven (7) calendar days of the committeeemployee’s written request for extension.
(e) The unit member Sick Bank Committee, upon submittal of supporting documentation from the employee, to include all medical treatment records, may petition the Director of Human Resources for awards of additional Sick Bank days, in incremental requests not to exceed thirty-five (35) days at any one time, for his/her review and approval. The Director of Human Resources shall issue a determination to the Association will employee, in writing, prior to the day that the employee exhausts his/her Sick Bank time in order to avoid any unpaid days. Approval by the Director of Human Resources to extend Sick Bank leave days shall be notified in writing for catastrophic and/or long-term illnesses only.
(f) In order to permit an impartial decision making process without fear of litigation, the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member Committee and/or Director of Human Resources shall be notified in writing final and can declinebinding relative to awarding Sick Bank leave days, forfeiting the use of the Sick Bank. (This provision and shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined and arbitration procedures set forth in this Agreementagreement.
(cg) Nothing contained herein Application for Sick Bank leave shall preclude be made on a resubmission form attached to the MRO based upon additional medical documentationthis agreement as Appendix “A”.
(dh) Individuals are subject to continuing review by the MRO, to confirm the seriousness Funding of the illness or injury. The MRO bank shall have occur using the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to workfollowing methods.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules i. Initial funding of the American Arbitration Association sick bank shall occur at the beginning of 1989-90 school year, by donation of one (AAA1) accrued sick day from each member of the bargaining unit.
ii. A second funding of the sick bank shall occur at the beginning of the 1990-91 school year, using the same method as outlined in paragraph (i).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 aboveiii. The sick bank shall not be funded again until such time the committee notifies the Superintendent shall notify that the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 banks accrued days have fallen below six hundred and 3 abovefifty (650). The decision of At that time the Superintendent shall direct an additional funding of the bank using the same system used for initial funding as outlined in paragraph (i) above.
iv. Upon retirement any unused sick days for which teachers do not receive payment under the provisions of Article 11:01 (f) will be final and not subject credited to the grievance procedure contained in this AgreementSick Bank.
v. Upon retirement teachers may also donate to the Sick Bank any unused sick days for which they would otherwise receive payment under the provisions of Article 11:01 (16f), e.g., a teacher has two hundred and fifty (250) In unused sick days upon retirement and wishes to donate the first fifty (50) days. Payment will be made to the teacher at the contractual rate for days fifty-one to two hundred and fifty (51-250), with no case shall any unit member receive payment for the days from donated to the Bank when absent due to a work-related injurySick Bank.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1) . A “Sick Leave Bank” sick leave bank for all paraprofessionals shall be established. A paraprofessional must have three (3) years of employment in the Wareham Public School System to be eligible to join the sick leave bank. The purpose Wareham School Committee shall make an initial contribution of said twenty- five (25) sick days. Eligible paraprofessionals who wish to be members of the sick leave bank shall become members by contributing one (1) sick day from their annual allocation of sick leave each year until the bank contains one hundred fifty (150) sick days. As of September 30 each year, if the sick bank contains fewer than 150 sick days, eligible paraprofessionals shall contribute one sick day in order to remain a member.
2. The sick leave bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) administered by a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total joint committee consisting of two (2) Wareham School Committee representatives appointed by the Wareham School Committee, two (2) WEA sick bank members appointed by the Wareham Education Association, and the Superintendent of Schools who shall be a non-voting member who serves as the Clerk of the Committee. Members of the joint committee shall be appointed annually and limited to a maximum term of four (4) years. The Clerk shall be responsible for posting an annual list of available days from in the bank by October 31st.
3. Eligible members who have used up all of their accumulated sick leave may apply to use the sick leave bank provided that application is made to the Sick Bank Committee, and said application states the nature of the disability and the anticipated period of recovery. A physician’s letter confirming the disability and anticipated period of recovery shall accompany the application.
4. The minimum number of sick days that can be granted for a single disability shall be five (5) and the maximum number shall be twenty (20). The amount of days granted shall be granted on a matching basis up to the maximum number of fifty (50) days e.g., if the eligible paraprofessional used seven (7) of his/her sick days because of the disability, the sick leave accumulation to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use bank could grant no more than fifteen (15) days from the Sick Leave Bank for each year of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
seven (7) Unit members using sick leave days from to the Bank will not have to replace those daysparaprofessional.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association5. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MROa new contract or an extension of an existing contract, the Board and balance of days in the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall bank will be final and not subject carried over to the grievance procedure contained in this Agreementsucceeding contract.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1) A “Sick Leave Bank” shall be establishedTeachers may elect to participate on an annual basis to a voluntary sick bank. The purpose of said Teachers build a sick bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of each contributing two (2) days during their first year of employment in Unit District #1 and one (1) day each year thereafter. If the bank has a balance of 500 (five hundred) days or more on the first day of school, then no contribution will be necessary from his/her anyone except first-year employees. The 500 (five hundred) days will be considered a cap, and no days will be added above the cap to the bank except for first year employees. A teacher may elect to contribute unused sick days to the sick bank upon retirement. To qualify for use of the sick bank, a teacher shall have exhausted all personally accumulated sick leave. Applications for sick leave accumulation bank coverage are to be submitted for review by a special committee comprised of teachers selected by the Association. The committee shall be responsible for verifying the validity of the prolonged illness or disability and determining the eligibility of the teachers to utilize sick leave bank days. The committee shall make recommendations to the Sick Leave BankETA Executive Board which shall determine the teacher's eligibility for sick leave bank benefits. If a pre-tenure teacher elects this option, he/she The sick leave bank shall be permitted administered exclusively by the Association's Executive Board. The Association agrees to use no more than fifteen (15) days indemnify and hold harmless the Board, its members, employees, and agents for and against any claims, grievances, actions, causes of action, or liability resulting from the Sick Leave Bank Association's operation and administration of the sick leave bank, including, but not limited to, any claims based upon the Executive Board's denial of a teacher's application for each sick leave bank benefits. The sick bank may be used only for the staff member's severe medical condition or that of an immediate family member. A teacher may draw up to one school calendar year of service.
days (4equivalent to 185 school days) All donations to from the Sick Leave Bank bank as long as there are contributed, unused days in the bank. Priority for use of bank days will be voluntary.
(5) All days not used in a year will be retained in on the Sick Leave Bank.
(6) If all the donated days are used during a given school yearbasis of first come, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) first served. A unit member teacher withdrawing from membership and participation in the Bank sick leave bank shall not be allowed able to withdraw the contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MROa teacher becomes eligible, under TRS rules, for permanent disability, the Board and the Association teacher shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MROno longer qualify for sick days or sick bank. Upon retirement, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, any retiring teacher may authorize the use of additional withdraw any unused sick leave bank days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject they previously contributed to the grievance procedure contained bank for submission to TRS for TRS retirement service credits in this Agreementaccordance with TRS Rules.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1) A “Sick Leave Bank” shall be established. The purpose of said bank shall be Committee grants the Association permission to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) establish a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) days from his/her sick leave accumulation to the voluntary Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from the Sick Leave Bank for each year Administration of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote a Committee which shall consist of two (2) members of the committee Association, two (2) members present of the Committee and votingthe superintendent or his/her designee. In case A paraprofessional shall become a member of a tie vote, the case shall be referred sick bank after three years of employment unless she/he declines bank membership via written notification to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from union president and the unit member’s treating physician(s) to superintendent. Anyone who has accessed the MRO. The MRO sick bank shall be a licensed physician, appointed by agreement of both parties, member for the duration of their employment. Each member of the Collective Bargaining Agreementsick bank shall donate one (1) day to the sick bank on his/her first day of work each school year, subject unless determined that no days are needed by the sick bank committee by the end of the previous school year. Unused days in the bank will continue to reappointment by agreement of both partiesbe in the bank from year to year. When the bank “runs dry”, all bank members will donate two additional sick days. When a member has used up his/her own sick leave, he or she may apply for up to one hundred (100) days from the bank. The medical documentation submitted Sick Leave Bank Committee shall detail determine the seriousness and nature eligibility for use of the Bank and the amount of leave to be granted. The following criteria among other reasonable considerations shall be used by the Committee in administering the Bank and in determining eligibility and amount of leave:
a) Adequate medical evidence of a chronic illness, or a serious illness or injury involved related expected to exist at least five (5) days
b) Prior utilization of all eligible sick leave
c) Length of service in the Waltham Public Schools
d) Propriety of use of previous sick leave Any paraprofessional who requests access to additional days from the sick bank after one hundred (100) sick bank days have been used:
a) Must donate two of his/her own earned sick days to the ability sick bank
b) Must have returned to work for at least one hundred (100) days following their prior sick bank access
c) May access only up to the number of sick days he/she had accrued at the time the request was made, not to exceed one hundred (100) days. A paraprofessional who is not yet eligible for membership in the Sick Bank may petition the Sick Leave Bank Committee for consideration of up to twenty-five (25) days. The procedures and criteria of the employee Sick Leave Bank Committee, with respect to perform job responsibilities. The MRO shall confirm the seriousness eligibility and nature entitlement (amount of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided abovesick leave granted, said MRO may conduct or send the employee to have an Independent Medical Examination (IMEif any). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be final and binding and final and not subject to appeal or the grievance procedure outlined and arbitration process. Nothing in this Agreement.
(c) Nothing contained herein these guidelines shall preclude a resubmission to prevent the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by School Committee from granting extensions of sick leave under Article 15.5 of teachers’ contract. For the MROpresent time, to confirm the seriousness President and the Vice-President of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and Association will represent the Association shall submit on the matter to binding arbitration under the rules of the American Arbitration Association (AAA)Sick Leave Bank Committee.
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1) A “FORMATION AND MAINTENANCE OF THE BANK- Sick Leave Bank” shall days donated by Bargaining Unit Members will be establishedbanked in a pool for use by other Bargaining Unit Members. The purpose of said bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave Payment for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days the Sick Bank will come from the Sick Leave Bank.
(3) Each unit member may contribute a total exchange of two (2) days for one (1) bank day from his/her all Bargaining Unit Members. The bank was originally established with a two (2) day donation by every Bargaining Unit Member. All new Bargaining Unit Members will donate 2 days at the beginning of their contract or a prorated amount based on length of contract. Upon resignation or termination at the end of a school calendar year, a bargaining unit member’s accrued sick leave accumulation and personal days will be donated to the Sick Leave Bankassociation’s sick bank, for the days that are not being paid out. If a prethe Sick Bank goes lower than twenty-tenure teacher elects this optionfive (25) days, he/she shall the Union Leadership can ask for donations. If the bank is below twenty-five (25) after donations, an additional day will be permitted to use taken from each Bargaining Unit Member, but no more than fifteen (15) days from the Sick Leave Bank for each year of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member per year. Bargaining Unit Members on long term or critical bank leave at the time of replenishing the bank are exempt from donation, Bargaining Unit Members using the loaner bank at the time of donation will donate their day to the bank upon the next year’s granting of new sick days. Any abuse or misuse of said bank may be made.
(7) exclude a Bargaining Unit members using sick leave days Member from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy future use of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of sick bank as determined by the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use Bargaining Unit Members requesting days from any of the Sick Bank. (This provision shall not impact the right Banks must exhaust all of their own sick days prior to gaining days from one of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Boardbanks, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall should notify the Human Resources Director of his/her decision to authorize sick leave above Administration the caps set forth in paragraphs 2 type and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining intending to be used as soon as possible. intended for protection of Association Bargaining Unit Members and extension of benefits. Misuse in the Bank, etcform of liberal granting of days could require future negotiations regarding guidelines for use.
Appears in 1 contract
Samples: Master Agreement
Sick Bank. (1) . A “Sick Leave Bank” sick leave bank for all nurses and members of the bargaining unit with Professional Teacher Status shall be established. The purpose Wareham School Committee shall make an initial contribution of said one hundred (100) sick days. Eligible teachers who wish to be members of the sick leave bank shall become members by contributing one sick day of their accumulated sick leave each year until the bank contains five hundred (500) sick days. Teachers who enter the Wareham School Department and/or become Professional Teachers after the establishment of the sick leave bank shall become eligible by contributing one sick day to the bank. As of September 30 each year, if the sick bank contains fewer than 500 sick days, eligible teachers shall contribute one sick day in order to remain a member. Sick bank members will remain active members unless they notify the clerk in writing by September 15 of the school year. New members must sign up by September 15.
2. The sick leave bank shall be to aid only unit administered by a joint committee consisting of two school committee members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling conditionappointed by the Wareham School Committee, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
three (3) Each unit Wareham Education Association sick bank members appointed by the Wareham Education Association, and the Superintendent of Schools who shall be a non-voting member may contribute a total who serves as the Clerk of two (2) days from his/her sick leave accumulation to the Committee. School Committee members and Wareham Education Association members of the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she Bank Committee shall be permitted appointed annually and limited to use no more than fifteen a maximum term of four (154) years. The Clerk shall be responsible for posting an annual list of available days from in the bank. The decisions of the Sick Leave Bank for each year of serviceCommittee shall be shared with the member requesting the sick bank leave.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not 3. Eligible members who have used in a year will be retained in the Sick Leave Bank.
(6) If up all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using their accumulated sick leave days from may apply to use the Bank will not have sick leave bank provided that application is made to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee, and said application states the nature of the disability and the anticipated period of recovery. Should A physician's letter confirming the committee refer disability and anticipated period of recovery shall accompany the unit member to an independent Medical Review Officer (MRO), the unit member application.
4. The minimum number of sick days that can be granted for a single disability shall be notified in writing five (5) and can decline, forfeiting the use maximum number shall be fifty (50). Sick leave bank members are eligible to apply to the Bank up to two times per disability for a total amount of the Sick Bank. days not to exceed one hundred (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law100).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures5. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MROa new contract or an extension of an existing contract, the Board and balance of days in the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall bank will be final and not subject carried over to the grievance procedure contained in this Agreementsucceeding contract.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1) A “. The District and the MPTA have established a Sick Leave Bank” Bank (SLB) which is available to all probationary and tenured teachers.
2. Teachers having accumulated sick leave days and personal leave days totaling in excess of 200 days shall have all those excess days automatically deposited into the SLB annually.
3. The District will notify the MPTA President of the number of days contributed to the SLB by individual contribution for the current school year by October 1 annually. Effective July 1, 2014, the parties herewith acknowledge that the sick leave bank consists of 9,133.50 sick leave days.
4. The SLB shall be establishedrenewable once the SLB days are depleted to a level of 100 days. The purpose of said bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may Replenishment will require that each teacher contribute a total of two (2) sick leave days from his/his or her annual allocation of sick leave accumulation to the Sick Leave Bankdays.
5. If a pre-tenure teacher elects this option, he/she The SLB shall be permitted administered by a Board of Governors; two members appointed by the President of the MPTA and two members appointed by the Superintendent.
6. The Board of Governors will act on all requests for SLB days and shall establish any and all procedures necessary to use no more than fifteen (15) operate the SLB.
7. SLB days are to be granted only in the event of prolonged or chronic illness or disability. Withdrawal of days from the Sick Leave Bank SLB shall be limited to teachers who are disabled for each year a prolonged or chronic illness or disability and who have exhausted their sick leave. There will be a twenty (20) working day deductible for all eligible parties, except as waived by unanimous agreement of servicethe Board of Governors.
(4) All donations 8. The teacher must present valid medical evidence attesting to the Sick Leave Bank will need for SLB days. The Board of Governors shall have the power to require an independent examination by a physician selected by the Board of Governors. When such examination is made by an “in network” health care provider, payment for said examination shall be voluntarysplit evenly between the District and the applicant. In all other cases, payment for such examination shall be made by the District.
(5) All days 9. The SLB will not used in apply to a year will teacher adjudged by a qualified medical practitioner to be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open permanently incapacitated and additional donations of a maximum of consequently not able to return to teaching following two (2) days by each tenured unit member may be madeyears of full participation in the SLB.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness Board of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent Governors shall be final and binding and shall not be subject to the grievance procedure contained in review under Section 7 of this Agreement. In the event of a tie vote on a request for SLB days, the matter will be referred to a physician from the District’s medical group for decision.
(16) In no case shall any unit member receive days 11. The SLB will continue from year to year and may be changed only by mutual agreement between the Bank when absent due to a work-related injuryDistrict and the MPTA.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. The Association and the Committee will jointly establish a Sick Bank for use by Association members who experience catastrophic illness. The Sick Bank will be administered by the Association.
1. The number of days available in the Sick Bank will be determined through voluntary annual contribution of one day per employee, with days donated by employees to be matched by the School Committee one (1) A “for one (1). On the first workday of each year, the Superintendent's office will provide a written form for members to indicate in writing whether they wish to participate in the Sick Leave Bank” shall be established. The purpose of said bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave Bank for extreme hardship cases due to personal illness and/or personal injury shall not be for casual usethe following school year.
(2) No qualified . Probationary members of the bargaining unit are not eligible to participate in the sick bank. A member shall of the bargaining unit's decision is irrevocable during the year for which the form was signed. Days are non-refundable to members of the bargaining unit and do not accumulate to the Sick Bank from year to year.
3. To be permitted eligible to use more than 93 days from the Sick Leave Bank, the member must:
a. Have elected to participate in the Sick Bank by September 1st of the year in which application has been made. Participation requires the voluntary contribution of one sick day by the member per year.
(3) Each unit member may contribute a total of two (2) days from his/her sick leave accumulation b. Apply in writing to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she Bank Administration Committee appointed by the Association President.
c. No leave shall be permitted awarded by the Bank for an absence or absences not formally approved as medical leave for one's own illness by the Superintendent.
d. Have exhausted all personal accumulated sick time and personal days.
4. Initial Sick Bank time awarded to use no more than a member applicant shall not exceed fifteen (15) days from school days, with extensions not to exceed a total of forty-five (45) days, granted by the Sick Leave Bank for each year Review Committee upon proof of servicecontinued need.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) . The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Review Committee will make reasonable efforts to distribute days equitably. No grievance or economic claim can be convened to review made against the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision School Committee, or members of the Sick Bank Committee. Should Review Committee as a group or as individuals for the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use administration of the Sick Bank.
6. (This provision shall not impact The Committee reserves the right to review all records relative to the administration of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law)Sick Bank.
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1) A “Sick Leave Bank” shall be established. The purpose of said bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) days from his/her sick leave accumulation to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from the Sick Leave Bank for each year of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.three
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1) A “Sick Leave Bank” shall be established. The purpose of said bank shall be Committee grants the Association permission to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) establish a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) days from his/her sick leave accumulation to the voluntary Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from the Sick Leave Bank for each year Administration of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote a Committee which shall consist of two (2) members of the committee Association, two (2) members present of the Committee and votingthe superintendent or his/her designee. In case A teacher shall become a member of a tie vote, the case shall be referred sick bank after three years of employment unless she/he declines bank membership via written notification to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from union president and the unit member’s treating physician(s) to superintendent. Anyone who has accessed the MRO. The MRO sick bank shall be a licensed physician, appointed by agreement of both parties, member for the duration of their employment. Each member of the Collective Bargaining Agreementsick bank shall donate one (1) day to the sick bank on his/her first day of work each year, subject unless determined that no days are needed by the sick bank committee by the end of the previous school year. Unused days in the bank will continue to reappointment by agreement of both partiesbe in the bank from year to year. When the bank “runs dry”, all bank members will donate two additional sick days. When a member has used up his/her own sick leave, he or she may apply for up to one hundred (100) days from the bank. The medical documentation submitted Sick Leave Bank Committee shall detail determine the seriousness and nature eligibility for use of the Bank and the amount of leave to be granted. The following criteria among other reasonable considerations shall be used by the Committee in administering the Bank and in determining eligibility and amount of leave:
a) Adequate medical evidence of a chronic illness, or a serious illness or injury involved related expected to exist at least five (5) days
b) Prior utilization of all eligible sick leave
c) Length of service in the Waltham Public Schools
d) Propriety of use of previous sick leave Any teacher who requests access to additional days from the sick bank after one hundred (100) sick bank days have been used:
a. Must donate two of his/her own earned sick days to the ability sick bank
b. Must have returned to work for at least one hundred (100) days following their prior sick bank access
c. May access only up to the number of sick days he/she had accrued at the time the request was made, not to exceed one hundred (100) days A teacher who is not yet eligible for membership in the Sick Bank may petition the Sick Leave Bank Committee for consideration of up to twenty-five (25) days. The procedures and criteria of the employee Sick Leave Bank Committee, with respect to perform job responsibilities. The MRO shall confirm the seriousness eligibility and nature entitlement (amount of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided abovesick leave granted, said MRO may conduct or send the employee to have an Independent Medical Examination (IMEif any). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be final and binding and final and not subject to appeal or the grievance procedure outlined and arbitration process. Nothing in this Agreement.
(c) Nothing contained herein these guidelines shall preclude a resubmission to prevent the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by School Committee from granting extensions of sick leave under Article 15.5. For the MROpresent time, to confirm the seriousness President and the Vice-President of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and Association will represent the Association shall submit on the matter to binding arbitration under the rules of the American Arbitration Association (AAA)Sick Leave Bank Committee.
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1a) A “Sick Leave Bank” shall Employees in this bargaining unit will be establishedafforded the opportunity to participate in a sick leave bank. The purpose of said the sick bank shall is to provide financial assistance to an employee who is experiencing an emergency situation. All available vacation, personal, and accrued sick time must be exhausted prior to aid only unit members whose receiving sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) days from his/her sick leave accumulation to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from the Sick Leave Bank for each year of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request formbank time.
(b) The unit member following guidelines have been established for the administration of the sick leave bank:
1) Sick bank contributions are on a strictly voluntary basis.
2) The sick bank year shall submit a completed Request formrun from October 1st thru September 30th.
3) Eligibility to draw from the sick bank is predicated on the employee having contributed hours toward the year in which the request is made. For returning employees, including a completed Physician Statement, contributions to the Human Resources Department who will promptly provide a copy sick bank must be made by September 30th, of each new school year. Newly hired employees wishing to contribute to the Associationsick bank must do so within sixty (60) days of attaining non-probationary status.
4) Employees wishing to participate in the sick bank must donate one full day (expressed in hours) of sick time. SEA approval Sick day value is assumed unless SEA informs based on the Human Resources Department number of its concerns regarding hours assigned to a position weekly divided by a five (5) day workweek. Example: A twenty (20) hour per week employee makes a four (4) hour contribution with a four (4) hour draw value.
5) Requests for sick bank time must be submitted in writing and a doctor's note detailing the request within extent of the ailment may be requested by the review committee.
6) A committee consisting of three (3) days voting members appointed by the Association and two (2) voting members appointed by the School Board shall be responsible for approving sick bank requests. The Director of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association also shall be notified and the unit included as a non-voting member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e7) The unit member committee will furnish the Director of Human Resources with the names and donations of all contributors by October 15 of each year.
8) The sick bank committee will accept requests for up to ten (10) paid sick days per submission. Employees seeking more than the Association will ten-day maximum must submit a second request for additional consideration.
9) The sick leave bank shall accumulate only to the number of participating members and shall be notified set to zero at the end of each sick bank year.
10) Should the sick bank fall below 10 days in writing any contract year, all eligible employees may contribute an additional day one time in that year. The amount of extra days that could be gathered from the second call would be capped based on the number donated at the beginning of the decision school year. If the sick bank is depleted before the end of the Sick Bank Committee. Should school year, it will cease to operate until the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use beginning of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law)next school year.
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote Decisions of the committee members present regarding requests for paid sick bank time are final, and voting. In case of a tie vote, the case shall not be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreementprocess.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1) A. A “Sick Leave Bank” shall custodial sick bank will be establishedcreated on a voluntary basis by the custodial employees. The purpose sick bank will be available to provide an extra amount of said sick days, for emergency reasons of ill health, for any custodial employee who has been employed in the system for one full year. A custodial employee may contribute from two to five days of sick leave per year to the cumulative sick bank.
1. A sick bank shall will be to aid only unit maintained for utilization by qualified members whose sick leave accumulation has been is exhausted through illness or accident and who suffer prolonged absence require additional leave to make full recovery from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual useor accident.
(2) No qualified unit member . The sick bank shall be permitted to use more than 93 days from the governed by a Sick Leave Bank.
Bank Committee consisting of three (3) Each unit member may contribute a total members of the Association, two (2) days from members of the Committee and the Superintendent of Schools. The decision of the Sick Bank Committee final and binding. In the event of a tie vote, the decision will be in favor of the applicant.
3. Each member of the bargaining unit qualifies for benefits of the Sick Bank by submitting one (1) day and only one (1) day per year of his/her personal sick leave accumulation to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall This day must be permitted to use submitted no more later than fifteen (15) days October 15th each year. First year employees cannot draw from the Sick Leave Bank for each year the first sixty (60) days. The Sick Bank may be used by professional employees who qualify and who have exhausted their own individual sick leave, both annual and accumulated and who have an emergency situation of serviceill health.
(4) All donations to . Any sick leave granted under the Sick Leave Bank provisions of Article II-B will be voluntary.
(5) All days not used in a year will be retained in expire at the Sick Leave Bank.
(6) If all end of the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) . A unit member withdrawing from membership in the Bank shall professional employee cannot be allowed to withdraw contributed accumulate or carry over to successive school years unused Sick Bank days beyond the applicable school year. Unused Sick Bank days will be returned to the Sick Bank.
5. Application for benefits shall be made, in writing, to the Sick Bank Committee accompanied by a physician's certificate.
6. Application for benefits may be made prior to the employee's exhaustion of his/her own personal sick leave to accumulate benefits, but drawings upon the bank will not actually commence until after the employee's own sick leave days are exhausted and adequate medical notification has been provided.
7. The initial grant of sick leave by the Sick Bank Committee to an eligible employee shall not exceed twenty (20) days.
8. Upon completion of the twenty (1020) Procedure for processing requests for day period, additional entitlement may be extended by the Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from Committee upon demonstration of need by the Association or from the Human Resources Department a copy of the SEA Sick Bank Request formapplicant.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, 9. Subject to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incompleteforegoing requirements, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will determine the eligibility for the utilization of the Bank and the amount of leave to be convened to review the requestgranted. The unit member following criteria shall be considered by the Sick Bank Committee in administering the Bank and in determining the amount of leave:
a. Medical evidence of illness.
b. Exhaustion of eligible sick leave.
c. Length of service in the Sandwich School system.
d. Propriety of use of previous sick leave. Single sick leave days may be required to submit additional information for granted by the consideration of the committee.
(e) The unit member and the Association Sick Bank Committee under extraordinary circumstances, which will be notified in writing of the decision determined by a majority of the Sick Bank CommitteeCommittee and which shall not be grievable or arbitrable under the terms of this Agreement. Should In extraordinary circumstance, days may be withdrawn to permit an individual to stay at home to care for other members of the committee refer the unit member to an independent Medical Review Officer (MRO)family, the unit member shall which will be notified in writing and can decline, forfeiting the use determined by a majority of the Sick Bank. (This provision Bank Committee and which shall not impact be grievable or arbitrable under the right terms of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
10. Upon return from extended leave during which benefits were received through the Sick Bank, the recipient shall be entitled to commence a new accumulation of individual sick leave in accordance with the provisions of Article II.
11. Life Membership will be obtained after contribution of twenty (c20) Nothing contained herein shall preclude a resubmission days to the MRO based upon additional medical documentationSick Bank.
(d) Individuals are subject to continuing review 12. If the Sick Bank is exhausted, the Sick Bank shall be renewed by the MRO, to confirm the seriousness contribution of one (1) additional day of sick leave by each eligible member of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
bargaining unit (13except for Life Members) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally covered by the Board and the Association.
(15) The Superintendent, in Agreement from his/her sole discretioncurrently accumulated annual days of sick leave. To the extent that such additional days are unused, they may authorize be carried over to the use Bank for the successive school year.
13. And professional employee who is a Life Member of additional the Sick Bank will continue as a member of the Sick Bank with no further contribution of personal sick leave days.
14. All Sick Bank days from accumulated as of each contractual year will be carried forward to the following year. An accounting of the number of sick days available in the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director will be made by October 31st of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreementeach school year.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1) A “A. There is hereby established a Sick Leave Bank” shall be establishedBank for the employees covered by the Collective Bargaining Agreement under the following rules and regulations:
i. The Sick Leave Bank is a benefit available to support paraprofessionals who, due to a prolonged serious illness, have exhausted their accumulated sick, personal, or other leave time and may require additional time to recover from their illness. The purpose of said bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) days from his/her sick leave accumulation to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from the Sick Leave Bank is to provide support for each year STU members who are experiencing the devastating effects of servicea serious, long- term illness or injury. It is not designed to replace or extend accrued sick time for individual employees and it should not be used for purposes for which it was not intended.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the requestii. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made administered by majority vote the Office of Human Capital, under the direction of the committee Superintendent. When new members present and voting. In case of a tie votethe Bargaining Unit are initially employed, the case Administration shall be referred provide such members with an enrollment form. Any employee, who so desires, may assign one sick leave day to the Medical Review Officer general Xxxx Leave Bank within thirty (MRO)30) days from the date of employment.
(a) The unit member shall be notified to submit all medical documentation from iii. At any such time that the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement total number of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise days in the field of the illness or injury presentedSick Leave Bank is reduced to one hundred (100), any employee wishing to confirm the treating physician's reportcontinue membership shall contribute one additional day. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that an employee has no sick leave credit from which to contribute and said absence of sick leave credit is the parties cannot agree sole result of earlier participation within the bank during that school year or current participation within the bank, then that employee shall continue to be a member, but must contribute a sick day as soon as he or she receives creditable sick leave.
iv. When the sick leave bank is reduced to 100 days, the District will provide members of the Bargaining Unit with the following notice:
v. Any employee, who is a member of the Sick Leave Bank, has exhausted his or her leave time, and who requires additional time to recover from a serious illness or injury may, after five (5) consecutive no-pay absences, starting on the sixth (6th) working day, draw upon the selection bank for no more than thirty (30) working days, provided that adequate medical certification has been submitted along with a Sick Bank Withdrawal Application. Documentation from a medical professional must be submitted verifying the nature of said MROthe serious illness or injury requiring the employee to remain absent for a prolonged period of time. Medical documentation must also provide an indication of an expected return date and/or date upon which the employee is to be re-evaluated.
vi. The School Committee retains the right to require employees seeking withdrawals from the Sick Bank to obtain a second opinion by visiting a physician selected by the School Committee and paid for by the School Committee.
vii. Upon the expiration of the thirty (30) working days of Sick Bank time, the Board employee shall either return to work or submit a Sick Bank Extension Application to Human Resources not less than five (5) calendar days prior to the expiration of the initial thirty (30) working days. The Sick Bank Extension Application shall include additional medical certification stating the nature of the illness, the reason the illness is preventing the employee from returning to work and the Association shall submit expected duration of leave. Unless the matter employee is hospitalized or otherwise incapacitated, employees who wish to binding arbitration under extend their time on the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally sick bank must complete a medical evaluation by a physician selected by the Board and School Committee prior to withdrawing additional time (beyond the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.initial thirty
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1) A “A. As of November 30, 1987, a Sick Leave Bank was established in the Manchester-Shortsville Central School District. All unit employees are eligible to join the "Sick Bank” shall be established. The purpose of said bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of " after acquiring two (2) days from his/her sick leave accumulation to years of service with the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from the Sick Leave Bank for each year of serviceDistrict.
(4) All donations to the B. The Sick Leave Bank will be voluntaryadministered by the Superintendent, a representative of the Association, and the Board of Education under procedures to be developed by the above named individuals.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, C. Unit members requesting membership to the Bank shall be declared open will notify the Superintendent's office upon reaching their second anniversary. Each voluntary new member will fill out an application and additional donations of a maximum of donate two (2) whole sick days from their own accumulated sick time upon joining. (See Attachment "G.")
D. Those who choose not to join the Sick Bank at the time of their second anniversary, can join in the future by each tenured contacting the Superintendent's Office during the annual "window" period of July 1 through September 30.
E. No more days will be added by members, unless by new membership, until the Bank is depleted to 20 days. At that time, members will need to donate two (2) additional days if they wish to remain members of the Sick Bank.
F. ONLY employees who enroll in the Sick Bank will be eligible to use the Sick Bank benefits. (See Attachment "H.")
G. The MAXIMUM number of days held in the Sick Bank shall not exceed 100 days.
H. The first five (5) days of disability or illness will not be covered by the Bank, but must be covered by that person's own accumulated sick leave or absence without pay.
I. The Sick Bank may only be used for involuntary disabilities or illnesses.
J. A person wishing to withdraw from the Bank must have already depleted their own accumulated sick leave. Any unit member making application for paid sick leave under the sick bank must first use and exhaust all paid time off including sick leave, personal leave and vacation leave (if any) prior to making application for sick bank days.
K. Requests for benefits for Workers' Compensation and during an unpaid leave of absence are exempt from Sick Bank usage.
L. A MAXIMUM of 60 days may be madedrawn by an individual member from the Bank each year during the life of the agreement.
M. A MAXIMUM of 100 days may be drawn as a total of all individual members during any one school year.
N. A unit member withdrawing from the bank (7i.e. he/she left the district or simply withdrew from membership) Unit members using will not be able to withdraw his/her contributed two days.
X. A unit member who exhausts the maximum of sixty (60) individual sick leave days during the school year may apply to the Sick Bank Committee for an additional number of days. The Committee shall not grant said application in its sole discretion. Additional medical verification may be required by the Committee prior to the final determination on the employee's application.
X. A unit member withdrawing sick leave days from the Bank will not have to replace those any of these days, except as a regular contributing member of the Bank.
(8) No days may be donated to Q. The Superintendent of Schools or his designee will submit a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy detailed report of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member operation and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision use of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO)including, but not limited to, the unit member names of each of the individuals using sick days, the number of days used by each individual, the type of involuntary disability or illness, and the manner of certification of disability or illness. The report shall be notified in writing submitted to the Clerk and can declinemembers of the Board of Education.
X. Medical reports by the member's physician or the District's physician, forfeiting as may be determined by the Superintendent, may be required as a condition to initial and/or continued use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1) . A “Sick Leave Bank” sick leave bank for all paraprofessionals shall be established. A paraprofessional must have three (3) years of employment in the Wareham Public School System to be eligible to join the sick leave bank. The purpose Wareham School Committee shall make an initial contribution of said twenty- five (25) sick days. Eligible paraprofessionals who wish to be members of the sick leave bank shall become members by contributing one (1) sick day from their annual allocation of sick leave each year until the bank contains one hundred fifty (150) sick days. As of September 30 each year, if the sick bank contains fewer than 150 sick days, eligible paraprofessionals shall contribute one sick day in order to remain a member.
2. The sick leave bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) administered by a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total joint committee consisting of two (2) Wareham School Committee representatives appointed by the Wareham School Committee, two (2) WEA sick bank members appointed by the Wareham Education Association, and the Superintendent of Schools who shall be a non-voting member who serves as the Clerk of the Committee. Members of the joint committee shall be appointed annually and limited to a maximum term of four (4) years. The Clerk shall be responsible for posting an annual list of available days from in the bank.
3. Eligible members who have used up all of their accumulated sick leave may apply to use the sick leave bank provided that application is made to the Sick Bank Committee, and said application states the nature of the disability and the anticipated period of recovery. A physician’s letter confirming the disability and anticipated period of recovery shall accompany the application.
4. The minimum number of sick days that can be granted for a single disability shall be five (5) and the maximum number shall be twenty (20). The amount of days granted shall be granted on a matching basis up to the maximum number of twenty (20) days e.g., if the eligible paraprofessional used seven (7) of his/her sick days because of the disability, the sick leave accumulation to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use bank could grant no more than fifteen (15) days from the Sick Leave Bank for each year of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
seven (7) Unit members using sick leave days from to the Bank will not have to replace those daysparaprofessional.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association5. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MROa new contract or an extension of an existing contract, the Board and balance of days in the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall bank will be final and not subject carried over to the grievance procedure contained in this Agreementsucceeding contract.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1) A “Sick Leave Bank” A. Each teacher shall be establisheda member of the sick bank. The purpose of said bank Unused days shall be carried over from year to aid only unit members whose year. During the year that the sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling conditionbank becomes depleted, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury each teacher shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) days from his/her his accumulated sick leave accumulation to the Sick Leave Bankdays. If The number of sick bank days a pre-tenure teacher elects this option, he/she may use shall be permitted limited to use no more than fifteen whichever is least of either sixty (1560) work days from per illness or disability, as defined by the Sick Leave Bank Long Term Disability Policy, or the number of days necessary to qualify the teacher for each year of serviceLTD, if such a bank did not exist.
(4) All donations B. Sick bank days can only be used for personal catastrophic illness or injury. Factors to be considered shall include the Sick Leave Bank will be voluntarydegree of seriousness of the illness/disability, the anticipated duration of absence from duty, whether the employee could reasonably have scheduled surgery/treatments for the illness/disability to occur outside of the duty year, whether the employee has other alternative sources of compensation available during the anticipated absence and such other factors as the panel described in Section F below shall deem appropriate in any particular case. The panel shall issue a written statement of their decision and rationale in each case.
(5) All C. Teachers may, upon application, utilize sick bank days following the depletion of their personal accumulated sick days for catastrophic illness or injury only. Maternity leave is not used in considered a year will be retained in the Sick Leave Bankcatastrophic illness.
(6) If all the donated D. It is agreed that a teacher is not entitled to utilize sick bank days are used during until said teacher has fulfilled a given school year, the Bank shall be declared open and additional donations of a maximum disqualification period of two (2) work days. Upon the third consecutive work day the teacher is entitled to all days retroactive to the beginning of the disqualification
E. The Board shall furnish the Association with an annual report on the status of the sick bank by each tenured unit member may be madeSeptember 30.
F. A panel composed of three Association representatives (7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to appointed by the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three ) and two administration representatives (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected appointed by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, superintendent) shall be established to set up guidelines, review implementation, and update proceduresadminister the sick bank. The Sick Leave Committee shall:This panel shall create an application form to request the use of sick bank days. Any teacher wishing to apply for days from the sick bank must complete this application. This completed application must be submitted to the sick bank panel for approval prior to use of sick bank days.
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability G. All decisions of the employee above panel as to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related whether to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record grant applications for use of sick leave use.
(12) The granting of any sick leave bank days from the Sick Leave Bank shall be made by majority vote of the committee members present final and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and shall not be subject to the grievance procedure outlined in this Agreementprocedure.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. A. The Board agrees to the establishment of a sick bank, which will be allowed to accumulate a maximum of 180 days in any one school year. The sick bank will be administered by the Association, with oversight by the Board. When the Association receives a request from a teacher, the Association will share that request and all relevant documentation (per 13.3 C) with the Board (through the Superintendent or their designee); once a decision has been reached, the Association will notify the Board of the action(s) taken (days not granted or number of days granted and specific dates; if there exists the possibility of future requests for the same illness, that should be noted at this time as well). If the Board believes that the decision to grant days did not meet the requirements defined in 13.3 C, the Board may summon the sick bank committee to a meeting to discuss its questions or concerns. If the Board concludes that the granting of days did not meet the specified criteria, the Board may elect to pre-deduct the appropriate number of days from the teacher’s individual leave for the following year. If the Board determines that the Association has repeatedly granted sick bank requests that do not meet the specified criteria— three within a single school year—the Board may elect to assume direct supervision over the actions of the sick bank committee for not more than one (1) A “Sick Leave Bank” shall be establishedschool year. The purpose of said If such supervision is assumed, the Superintendent or their designee will have to approve all sick bank shall be committee decisions made (during the period stated) before days are granted to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual userequesting teachers.
(2) No qualified unit member B. In the first year of employment, each teacher shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) days from his/her their individual sick leave accumulation account. Thereafter, if the sick bank total falls below one hundred fifteen (115) days, once per school year each teacher shall immediately contribute one (1) day from their individual sick leave account to refurbish the Sick Leave Bank180- day total. If a pre-tenure teacher elects this option, he/she New teachers shall be permitted limited to use a maximum contribution of (2) two days in their first year of employment. Days left in the sick bank at the end of any year will roll over into the following year.
C. Any member of the sick bank who has incurred a sickness or injury resulting in that member’s inability to perform their professional duties for a limited and defined period of time may withdraw up to sixty (60) days in a given year (but no more than fifteen (15) the number of days from the Sick Leave Bank for each year of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process qualify for LTD insurance benefits), and no more than eighty (80) over two consecutive years, with the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration permission of the committee. Before a member can be reimbursed for absence through the sick bank, they must:
1. Have exhausted their accumulated sick leave.
(e) The unit member 2. Have a letter sent to the sick bank executive committee from an attending physician verifying the member’s disability and the Association a projection of when they will be notified in writing able to resume their responsibilities.
3. Have been granted their withdrawal request by the executive committee.
4. Demonstrate to the committee that students would not be adversely affected over an extended amount of time by the absence of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law)teacher.
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Master Agreement
Sick Bank. (1) A “FORMATION AND MAINTENANCE OF THE BANK- Sick Leave Bank” shall days donated by Bargaining Unit Members will be establishedbanked in a pool for use by other Bargaining Unit Members. The purpose of said bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave Payment for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days the Sick Bank will come from the Sick Leave Bank.
(3) Each unit member may contribute a total exchange of two (2) days for one (1) bank day from his/her sick leave accumulation to all Bargaining Unit Members. The bank was originally established with a two (2) day donation by every Bargaining Unit Member. All new Bargaining Unit Members will donate 2 days at the beginning of their contract or a prorated amount based on length of contract. If the Sick Leave Bank. If a preBank goes lower than twenty-tenure teacher elects this optionfive (25) days, he/she shall an additional day will be permitted to use taken from each Bargaining Unit Member, but no more than fifteen (15) days from the Sick Leave Bank for each year of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days per year. Bargaining Unit Members on long term or critical bank leave at the time of replenishing the bank are exempt from donation, Bargaining Unit Members using the loaner bank at the time of donation will donate their day to the bank upon the next years granting of new sick days. Any abuse or misuse of said bank may exclude a Bargaining Unit Member from future use of the sick bank as determined by each tenured unit member may be made.
(7) the Sick Bank Committee. Bargaining Unit members using sick leave Members requesting days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy any of the SEA Sick Bank Request form.
(b) Banks must exhaust all of their own sick days prior to gaining days from one of the banks, and should notify the Administration the type and number of days intending to be used as soon as possible. SICK BANK COMMITTEE- The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review formed by volunteers appointed by the requestAssociation (President/Vice-President or designee, and a Bargaining Unit Member from each building level). The unit member may administration of days to be required to submit additional information for granted will be at the consideration sole discretion of the committee.
(e) Association and their representatives. The unit member Association and the Employer, along with their representatives are exempt from legal action by a Bargaining Unit Member denied sick bank access. The sick bank is intended for protection of Association will be notified Bargaining Unit Members and extension of benefits. Misuse in writing the form of liberal granting of days could require future negotiations regarding guidelines for use. RECONCILIATION OF THE SICK BANK- At the end of the decision of year, the Sick Bank Committee. Should Committee chair and a Central Office staff member will meet to reconcile the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update proceduressick bank. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective will notify Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to Unit Members if they have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted hit the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from . The Bargaining Unit Member may choose to not donate their excess days to the Bank, Sick Bank by notifying Central Office. Human Resources will report the number of days remaining in to the Bank, etcBargaining Unit Member by April 1. If a Bargaining Unit Member does not want to donate their days they must notify Human Resources by June 1st.
Appears in 1 contract
Samples: Master Agreement
Sick Bank. (1) A “Sick Leave Bank” shall Bank will be establishedestablished and operated by the following regulations:
1. The purpose There will be a Board of said bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from Directors in charge of executing all business of the Sick Leave Bank.
2. The Board of Directors will consist of two (2) members of the Association, one (1) Board of Education member and one (1) administrator.
3. All Association members will be eligible to participate starting their second (2nd) Each year of continuing service to the District. Eligible Association members may also choose not to participate in the Sick Leave Bank.
4. Association members who choose to participate must join the Sick Leave Bank by September 30 or by special permission of the Board of Directors. New unit member members may contribute a total join one (1) year after their initial employment date.
5. Voluntary deposits of two (2) days from his/her each Association member’s sick leave accumulation to will be deducted as they enter the Sick Leave Bank. One (1) day per year will be deducted from the Association member’s sick leave until the Sick Leave Bank has a maximum of two hundred (200) days, except as mentioned in number 6 below.
6. If the Sick Leave Bank reaches two hundred (200) days, no Association member who has been a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from member of the Sick Leave Bank for each year of servicefive (5) years or more shall contribute any more days unless the Sick Leave Bank falls below one hundred fifty (150) days at which time all members will contribute. New members will continue to contribute sick leave days even if the Sick Leave Bank is at two hundred (200) days until they have been members for five (5) years.
(4) All donations 7. Any Association member leaving the District will forfeit any days he/she has contributed. If a member of the Sick Leave Bank decides to the stop participating, any days contributed shall be forfeited.
8. The Sick Leave Bank will be voluntaryrestricted to illness or injury requiring medical attention and/or hospital care.
9. The Sick Leave Bank will not apply to the situation where Worker’s Compensation is applicable.
10. Participating members may only borrow days after their own sick leave time has been depleted.
11. Applications for use of sick days should be submitted as soon as the need becomes apparent, and be signed by the Association member. The application must be accompanied by a Doctor’s statement. The Board of Directors may request verification of need for Sick Leave Bank days through its own School Physician.
12. The Board of Directors must reach a decision on a member’s application within ten (510) days. All decisions are final.
13. A Sick Leave Bank member may borrow a maximum of sixty (60) days not used in a any one (1) school year will (July 1 through June 30). Until such time that the Sick Leave Bank has reached one hundred fifty (150) days, the maximum withdrawal may be retained limited to twenty-five percent (25%) of the number of days in the Sick Leave Bank.
14. An individual whose illness extends into a second (62nd) If all year must reapply to the donated Sick Leave Bank, as per number 13 above – only sixty (60) days are used during a given in any one (1) school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave 15. All days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively that remain in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote at the end of the committee members present year will be carried over into the following school year.
16. Any changes in the rules must be jointly agreed upon by the Association and votingthe Board of Education after submission by the Sick Leave Bank Board of Directors.
17. In case of The Association shall maintain Sick Leave Bank totals and furnish a tie vote, the case shall be referred report to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement Superintendent of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based Schools upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 aboverequest. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision An accounting of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etcSick Leave Bank will be conducted jointly by the Association and the District by July 31 of each year.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1) A “Sick Leave Bank” shall be established. The purpose of said bank shall be Committee grants the Association permission to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) establish a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) days from his/her sick leave accumulation to the voluntary Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from the Sick Leave Bank for each year Administration of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote a Committee which shall consist of two (2) members of the committee Association, two (2) members present of the Committee and votingthe superintendent or his/her designee. In case A teacher shall become a member of the sick bank after three years of employment with the school department by donating one sick day unless she/he declines bank membership via written notification to the union president and the superintendent. A teacher must have at least one accrued sick day to donate in order to join the sick bank. Enrollment into the sick bank will occur on September 1 of each year for all eligible employees. Unused days in the bank will continue to be in the bank from year to year. When the bank “runs dry”, all bank members will donate two additional sick days unless they opt out of future participation in the sick leave bank by sending written notification to the union president and the superintendent. When a member has used up his/her own sick leave, he or she may apply for up to one hundred (100) days from the bank. When an employee has used his/her sick leave and one hundred (100) days from the sick bank, he/she may rejoin the sick bank by contributing one earned sick day after having accrued three (3) sick days During the first year of bank membership, a member may draw a maximum of fifty (50) days. The Sick Leave Bank Committee shall determine the eligibility for use of the Bank and the amount of leave to be granted. The following criteria among other reasonable considerations shall be used by the Committee in administering the Bank and in determining eligibility and amount of leave:
a) Adequate medical evidence of a tie votechronic illness, or a serious illness expected to exist at least five (5) days
b) Prior utilization of all eligible sick leave
c) Length of service in the case shall be referred Waltham Public Schools
d) Propriety of use of previous sick leave A teacher who is not yet eligible for membership in the Sick Bank may petition the Sick Leave Bank Committee for consideration of up to the Medical Review Officer twenty-five (MRO).
(a25) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MROdays. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration procedures and criteria of the Collective Bargaining AgreementSick Leave Bank Committee, subject with respect to reappointment by agreement eligibility and entitlement (amount of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided abovesick leave granted, said MRO may conduct or send the employee to have an Independent Medical Examination (IMEif any). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be final and binding and final and not subject to appeal or the grievance procedure outlined and arbitration process. Nothing in this Agreement.
(c) Nothing contained herein these guidelines shall preclude a resubmission to prevent the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by School Committee from granting extensions of sick leave under Article 15.5. For the MROpresent time, to confirm the seriousness President and the Vice-President of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and Association will represent the Association shall submit on the matter to binding arbitration under the rules of the American Arbitration Association (AAA)Sick Leave Bank Committee.
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1) A “The Board and the REA agree to the establishment of a Sick Leave Bank” Bank Committee. The Sick Bank Committee shall consist of three teachers appointed by the REA and three persons appointed by the Board. Eligible teachers who have exhausted their accumulated scheduled absence days and have the approval of the Committee shall be established. The purpose of said bank shall be entitled to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing receive additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) days from his/her sick leave accumulation to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from the Sick Leave Bank for each year of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank sick bank for a period not to exceed a total of ninety (90) calendar days in a thirty six (36) month period. Under no circumstances will a teacher be awarded more sick days than necessary to qualify for long term disability insurance. A quorum for a meeting of the Sick Leave Committee shall be six people. Either the Board or the REA may send representative(s) by proxy. The sick bank shall be for eligible teachers, defined as teachers employed by the District, who shall donate one (1) day to the sick bank. Any teacher that has not have donated a day to replace those days.
the current sick bank shall donate a day upon ratification of this contract, or upon their hiring by the District. This total shall, on a one time basis only, be matched by the District. Should the number of days within the sick bank fall below fifty (8) No days 50), the teachers may be donated requested to donate additional scheduled absence days upon a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy majority vote of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision teacher members of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member The sick bank shall not be notified in writing and can decline, forfeiting the use utilized for other than serious illness of the Sick Bankteacher. (This provision Serious illness shall not impact the right include, by way of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting example: common flu, common cold or voluntary surgery. Upon complete utilization of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of accumulated sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO there shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject five (5) work day waiting period prior to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's reportsick bank eligibility being achieved. The decision of the MRO, or Sick Bank Committee regarding the IME, shall be binding and final and not subject to qualifications of a teacher for a grant from the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board sick bank and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in granted shall be final. Sick days shall not be granted without complete medical verification, provided on a form developed by the Bank, etcDistrict and approved by the Committee. A sick bank member upon return to active employment must contribute one (1) accumulated scheduled absence day every ninety (90) days until the sick bank is made whole for all days used by the member.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. The East Aurora sick bank is open for voluntary participation to members of all bargaining units of East Aurora Council AFT Local 604. To participate, members must fill out the approved form by September 15th of that school year. Members hired after the start of the school year will have fifteen (115) A “Sick Leave Bank” workdays after the date of hire to participate in the sick bank. Members joining for the first time shall be established. The purpose of said bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) sick days to the bank from his/her their personal accumulated sick leave. Days donated to the sick leave accumulation to the Sick Leave Bankbank are irrevocable. If a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from the Sick Leave Bank Provisions for each year of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the sick bank are as follows:
A. Application for its use must be submitted to the Union’s Sick Leave Bank Committee for consideration. Accepted applications will be subject to approval by the Union President and Superintendent or designee.
B. A member’s sick and personal leave days must be used up, but an application may be submitted prior to exhausting such leave.
X. A current physician’s letter indicating the member’s inability to adequately perform his/her job is required for final approval.
D. Should the Board of Education require a consultation from another physician, this consultation shall be at the Board’s expense.
E. Use of the sick leave bank shall be for long-term, serious illness or major disability of the employee, spouse, child, or parent. Maternity/paternity leave does not qualify, except in cases of medical complications.
F. Should a member apply for and receive disability status from the Illinois TRS/IMRF/SS, all further benefits from the sick day bank relating to that illness will be disallowed and bank use will terminate when disability payments begin.
G. Members can draw from the sick leave bank a number of days equal to the number of the member’s workdays remaining in the school year, subject to the following table: Years in East Aurora Sick Bank Maximum Allowable Time from Bank 2 10 days 3 15 days 4 20 days 5 25 days Thirty (30) days in one school year shall be the maximum allowed unless the Union’s Sick Leave Bank Committee believes there are extenuating circumstances. Any member who joins the sick bank at inception (September 15, 2021) will be grandfathered with the understanding for such members that “Maximum Allowable Time from Bank” corresponds to “Years in East Aurora D131”. Anyone who joins after September 15, 2021, will be joining with the understanding that the “Maximum Allowable Time from Bank” relates to “Years in East Aurora Sick Bank”.
H. Should the number of days fall below fifty (50):
1. (This provision shall not impact Members would be allowed to donate up to 2 days from their existing available sick time prior to requiring or assessing an additional day on the right members of the Board sick bank, or
2. Each member of the bank shall contribute one (1) additional day of personal sick leave. Any member who chooses not to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted do so, may opt out of the sick leave bank, but will not be refunded for previously donated days. Members who have exhausted their sick leave when a contribution is required may continue membership in the bank by applicable law)contributing a day from the next year’s allotment.
(11) A committee consisting I. After the initial membership contribution of two unit members selected by days, each continuing member will contribute one (1) sick day each September until the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. bank reaches five hundred (500) days.
J. The Sick Leave Committee shall:
(a) Require Bank committee will receive an annual update which will include a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record list of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie votebank members, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bankbank, etcthe number of members who drew from the bank and the number of days granted during the previous school year.
X. If the parties mutually agree to dissolve the sick leave bank during the life of the agreement, remaining days will continue to be available to current sick leave bank members until exhausted.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1) A “Sick Leave Bank” shall be established. The purpose of said bank shall be to aid only unit members whose North Palos sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling conditionbank is open to licensed personnel. To participate, (b) an accident which causes disability; and (c) disability arising from pregnancy employees must fill out the approved form by providing additional paid September 15th of that school year. Employees hired after September 15th will have 15 working days after the date of hire to participate in the sick leave bank. Employees joining for extreme hardship cases due to personal illness and/or personal injury the first time shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) sick days from his/her sick leave accumulation to the Sick Leave Bankbank from their personal accumulated sick leave. If there is a pre-tenure teacher elects this optioncarry over of 600 days in the sick bank, he/she shall the sick bank committee may consider a sick bank member’s application for days to be permitted to use used for catastrophic illness of a family member. If being used for a family member, the sick bank can grant no more than fifteen (15) 20 days from the Sick Leave Bank per family member, per year. Provisions for each year of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. sick bank are as follows:
A. Application for its use must be made to the review committee (This provision shall not impact two NPEA members and the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable lawSuperintendent).
(11) B. All personal sick days must be used up, but application may be made prior to this time.
C. A committee consisting current physician's letter indicating the employee's inability to adequately perform his/her job must be submitted to the review committee.
D. Should the Board of two unit members selected by the SEAEducation require a consultation from another physician, three persons designated by this consultation shall be at the Board, and the Human Resources Director who shall act as the non- voting chairperson, 's expense.
E. Illnesses shall be established of a long-term, major disability in nature.
F. Should a licensed employee apply for and receive disability status from the Illinois TRS/SS, all further benefits from the sick day bank relating to set up guidelines, review implementation, that illness will be disallowed and update procedures. The Sick Leave Committee shall:bank use will terminate when disability payments begin.
(a) Require G. Teachers can draw from the sick leave bank a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability number of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related days equal to the ability number of teacher work days remaining in the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreementschool year, subject to reappointment by agreement of both partiesthe following table: Years in District 117 Sick Bank 20 days 30 days 40 days 50 days Fifty days in one year shall be the maximum allowed unless the review committee believes there are extenuating circumstances. The medical documentation submitted shall detail the seriousness and nature Any licensed employee who is a member of the illness or injury involved related sick bank as of September 10, 1999 will be grandfathered with the understanding for such members that "Maximum Allowable Time from Bank" corresponds to "Years in District 117". Anyone who joins after September 10,1999 will be joining with the ability understanding that the "Maximum Allowable Time From Bank'' relates to "Years in District 117 Sick Bank".
H. Should the number of days in the sick bank fall below thirty (30), each member of the employee to perform job responsibilities. The MRO bank shall confirm contribute one additional day of personal sick leave.
I. After the seriousness and nature initial membership contribution of two days, each member will contribute one sick day each September until the bank reaches three hundred (300) days.
J. At the time of retirement, a member of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities sick bank who has not drawn from the medical documentation as provided above, said MRO bank may conduct or send withdraw from the employee bank a number of days equal to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize contribution to establish the use necessary days required by the Illinois Teachers Retirement System to receive an additional full year of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision creditable service towards retirement.
K. NPEA members of the Superintendent shall be final and not subject to review committee will receive an annual update which will include a list of sick bank members, the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bankbank, etcand the number of days granted (by grantee) during the previous school year.
Appears in 1 contract
Samples: Professional Negotiation Agreement
Sick Bank. (1) . A “Sick Leave Bank” sick leave bank for all paraprofessionals shall be established. A paraprofessional must have three (3) years of employment in the Wareham Public School System to be eligible to join the sick leave bank. The purpose Wareham School Committee shall make an initial contribution of said twenty- five (25) sick days. Eligible paraprofessionals who wish to be members of the sick leave bank shall become members by contributing one (1) sick day from their annual allocation of sick leave each year until the bank contains one hundred fifty (150) sick days. As of September 30, each year, if the sick bank contains fewer than 150 sick days, eligible paraprofessionals shall contribute one sick day in order to remain a member. All accrued sick leave may be used for the member and their immediate family as defined by Article XV, subsection C.
2. The sick leave bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) administered by a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total joint committee consisting of two (2) Wareham School Committee representatives appointed by the Wareham School Committee, two (2) WEA sick bank members appointed by the Wareham Education Association, and the Superintendent of Schools who shall be a non-voting member who serves as the Clerk of the Committee. Members of the joint committee shall be appointed annually and limited to a maximum term of four (4) years. The Clerk shall be responsible for posting an annual list of available days from in the bank by October 31st.
3. Eligible members who have used up all of their accumulated sick leave may apply to use the sick leave bank provided that application is made to the Sick Bank Committee, and said application states the nature of the disability and the anticipated period of recovery. A physician’s letter confirming the disability and anticipated period of recovery shall accompany the application.
4. The minimum number of sick days that can be granted for a single disability shall be five (5) and the maximum number shall be fifty (50). The amount of days granted shall be granted on a matching basis up to the maximum number of fifty (50) days e.g., if the eligible paraprofessional used seven (7) of his/her sick days because of the disability, the sick leave accumulation to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use bank could grant no more than fifteen (15) days from the Sick Leave Bank for each year of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
seven (7) Unit members using sick leave days from to the Bank will not have to replace those daysparaprofessional.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association5. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MROa new contract or an extension of an existing contract, the Board and balance of days in the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall bank will be final and not subject carried over to the grievance procedure contained in this Agreementsucceeding contract.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Collective Bargaining Agreement
Sick Bank. (1) . A “Sick Leave Bank” Bank shall be establishedestablished by the teachers. The purpose of said bank Said Sick Bank initially shall be formed by those teachers volunteering to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence participate. Said teachers shall contribute three (3) days upon the effective date of this Agreement. Non contribution by the School Committee does not preclude the member from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days benefiting from the Sick Leave Bank.
(3) Each unit member may 2. Thereafter, teachers who volunteer to participate in the Sick Bank shall contribute a total of two (2) days from per year. Said contribution of days shall be made within ten (10) days of the beginning of the school year. The Association President, at this time, shall provide the Superintendent with a list of all participants and days to be deducted. Notices of any subsequent changes in participants and/or days to be deducted shall be made in the same manner.
3. Extended sick leave for employees shall begin on the fortieth (40th) consecutive work day in 2016-17, the forty-fifth (45th) consecutive day in 2017-18, and the fiftieth (50th) consecutive day in 2018-2019 or for those who do not have (40 / 45 / 50) sick days extended sick leave shall begin at expiration of all accumulated sick days. During the retirement year no teacher will be forced to deplete his/her sick leave accumulation to a point below sixty (60) sick days.
4. Prolonged major illness shall be defined as a serious or dangerous sickness, disease, or accident requiring the extended absence or accident requiring the extended absence of forty (40) / forty-five (45) / fifty (50) days or more duration documented by adequate medical evidence. Members with less than the (40 / 45 / 50) sick days will be protected by item three (3). Only extenuating circumstances in pregnancies will follow the (40 / 45 / 50) sick day policy before using the Sick Leave Bank. If a pre-tenure teacher elects Requested parental leaves are excluded from this option, he/she shall be permitted to use no more than fifteen (15) days from Article.
5. In the event that during the school year the Sick Leave Bank for is reduced below sixty (60) days, all participating teachers must donate one (1) day each year of serviceto continue the coverage.
6. Only teachers who volunteer to participate in the Sick Bank are eligible to apply for benefits, without exception. Any teacher who chooses to join the Sick Bank subsequent to its establishment must contribute the same number of days that they would have contributed had they joined initially and any subsequent year(s). . New employees will contribute based on item one (1).
7. The Sick Bank Committee of four (4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations consist of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review Association members appointed by the Request form for completeness. If the form is incompleteAssociation President, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to complyPresident acting as Chair.
(d) 8. The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified unused days in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened shall carry over from year to review the request. The unit member may be required to submit additional information for the consideration of the committeeyear.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee9. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon Sick Bank is in excess of six hundred (600) days at the selection start of any school year, teachers who have donated the previous year shall be automatically covered without the need of contributing another day unless the amount falls below sixty (60) days.
10. Teachers hired subsequent to the establishment of said MRO, the Board and the Association Bank shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional contribute sick leave days from in the same manner as stated above.
11. Membership in the Sick Bank to shall not be a condition of employment. Furthermore, only bargaining unit members may participate in the Sick Bank.
12. In no event shall the charge of said Sick Bank on account of any member who has exhausted the maximum one major illness or accident of any one applicant exceed one hundred eighty (180) days set forth in paragraphs 2 and 3 abovetotal. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision Decision of the Superintendent Sick Bank Committee shall not be final and not subject to the grievance procedure contained in this Agreementprocedure.
13. All applicants will be allowed, upon the decision of the Committee, to draw on the Sick Bank after they have exhausted all three (163) In no case family illness days and have drawn down personal sick leave for (37 / 42 / 47) days, to provide for severely ill family members subject to medical verification. Extended sick leave for employees required to provide direct care for a severely ill family member shall any unit member receive begin on for (38th / 43rd / 48th) consecutive work day or for those who do not have (37 / 42 / 47) sick days from extended sick leave shall begin at the expiration of all accumulated sick days. Family members defined by the Rhode Island Parental and Family Medical Leave Act are parent, spouse, child, mother-in-law and father-in law. Drawing on the Bank when absent due to may be in a worknon-related injuryconsecutive manner.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
Appears in 1 contract
Samples: Collective Bargaining Agreement