Temporary Disability Leave Upon application, and approval by the school employer, a temporary disability leave of absence shall be granted to teachers of this school corporation on the following basis:
Temporary Disability WORKERS' COMPENSATION
Maternity Disability Leave Parental Leave
TEMPORARY LEAVE OF ABSENCE A. Members shall be entitled to the following temporary leaves of absence with full pay each school year. Such days of temporary leave must be taken as either one-half (1/2) or one (1) full working day. No personal leaves of absence shall be taken immediately prior to or immediately after holidays or vacations. Any exceptions must be requested in writing to the Superintendent or his designee and must have written approval.
1. Members are entitled to three (3) days personal leave annually subject to advance notice and approval secured from the Superintendent or designee. Personal leave means an activity that requires the member’s presence during the working day and is of such a nature that it cannot be attended to at a time when schools are not in session. Unused personal days shall be transferred to accumulated sick leave time on July 1st each year of this Agreement and all succeeding Agreements.
2. Up to five (5) working days at any one time shall be granted to members in the event of death of a member’s spouse, child, son-in- law, daughter-in-law, parent, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, grandparent, or any person with whom the member has made his/her home, and any other member of the immediate household.
3. In the case of the death of a near relative, defined as first cousin, uncle, aunt, niece or nephew, there shall be no deduction from personal leave entitlement of up to three (3) days, subject to advance notice to and approval of the Superintendent.
4. A member shall also be granted a reasonable amount of bereavement time with full pay for the purpose of travel in cases where the funeral is out of state. Such time off is subject to the approval of the Assistant Superintendent to whom the member is reportable.
5. Any other leave of absence granted by the Board may be without pay.
6. No leave of absence with pay shall be granted due to the requirements of a second job.
7. Professional leave for such purposes as attending meetings, seminars and visiting other schools may be granted.
8. If a member is subpoenaed by a court of law to appear on behalf of the Board, such member shall do so without loss of pay.
Pregnancy Disability Leave
A. Leave for pregnancy or childbirth related disability is in addition to any leave granted under FMLA or WFLA.
B. Pregnancy disability leave will be granted for the period of time that an employee is sick or temporarily disabled because of pregnancy and/or childbirth. An employee must submit a written request for disability leave due to pregnancy and/or childbirth in accordance with agency policy. An employee may be required to submit medical certification or verification for the period of the disability. Such leave due to pregnancy and/or childbirth may be a combination of sick leave, vacation leave, personal holiday, compensatory time, exchange time and leave without pay. The combination and use of paid and unpaid leave will be the choice of the employee.
TEMPORARY LEAVES OF ABSENCE A. Teachers will be entitled to the following temporary leaves of absence with full pay each school year:
General Leave of Absence a) Leave of absence without pay may be granted to employees for valid reasons as set out by Company policy.
b) An employee on general leave of absence shall not accumulate sick leave credits, or earn vacation but shall retain the seniority, sick leave credits, and vacation credits earned prior to commencing leave of absence.
c) Employees do not have the option of continuing their benefit coverage during the leave.
d) Employees on leave of absence shall be required to apply for any extension.
Disability Leave a. An employee who has suffered possible injury in the performance of assigned duties shall immediately undergo such medical examination as the appointing authority deems necessary. He or she shall not be considered absent from duty during the time required for such examination.
b. A regular employee who is unable to perform any appropriate work assignment because of disability incurred in the performance of assigned duties shall be entitled to the following disability leave benefits, in addition to those provided pursuant to the California Worker's Compensation Insurance Act.
(1) During any period of disability for which payment is not provided under Worker's Compensation Insurance, the employee shall be placed on disability leave with pay to the extent of any leave with pay which he or she has accrued. Such disability leave with pay shall be charged against the employee's accrued leave with pay.
(2) During any period of disability for which payment is provided under Worker's Compensation Insurance, the employee shall elect either:
(a) Retain any Workers' Compensation Benefits received during the pay period and receive full pay. The employee shall use their accrued sick leave, vacation CTO and HIL on an hour- for-hour basis to cover all hours the employee is absent from duty due to the work-related disability during the applicable pay period. Or,
(b) Retain any Workers' Compensation Benefits received during the pay period and receive a partial paycheck in an amount so that the partial pay and the Workers' Compensation Benefits added together are equivalent to the employee's full pay. The employee shall use their accrued sick leave, vacation, CTO, and HIL in an amount equal to one-half of the number of hours the employee was absent from work during the pay period due to the work-related disability. If, however, the amount of the Workers' Compensation Benefits is subtracted from the employee's full pay for the time off due to the disability, and the remainder is less than one-half of the amount of such full pay, then only the number of leave balance hours necessary to equal that remainder shall be charged.
(3) The choice of either (2)(a) or (2)(b) above shall be an irrevocable choice for the duration of the disability leave resulting from the work- related injury. However, if the employee returns to work for a period of at least thirty (30) calendar days, the employee may again elect to choose either option b.(2)(a) or b.(2)(b) for any subsequent disability leave taken as a result of (or relating to) the same injury.
c. All disability leave provisions of this section shall terminate when the employee uses all accrued sick leave, vacation, CTO or HIL balances, or upon the date of the employee's recovery from disability, receipt of permanent disability under Workers' Compensation Insurance, retirement, termination from County employment, or death.
Union Leave of Absence 22:01 (a) The Employer shall grant leave of absence to employees to attend Union conventions, seminars, educational classes or other Union business. It is understood that the Union will not request leave of absence for more than four (4) full-time employees and three (3) part-time employees at any one time and the total leave of absence in any year shall be not more than an aggregate of thirty (30) working days for full- time employees and fifteen (15) working days for part- time employees. Longer leaves of absence will be approved at management’s discretion and will not be unreasonably withheld. Such leaves of absence shall not seriously disrupt the operations of the Home, and shall be requested as far in advance as possible, in writing to the Home Administrator, with a copy to the Human Resources Associate. It is further understood that the leave of absence shall be granted without pay and the Union shall be responsible for the payment of wages during the period of absence.
(b) The parties agree the employer will continue the regular compensation for the employees on such leave, and the Union agrees to reimburse the Employer in a timely fashion for all costs associated with the compensation for the employees. The parties agree that the Employer is not liable for any WSIB claims that may arise while the employee is on union leave as described in 22.01 (a).
22:02 An employee who is elected or appointed to office in the Unifor, upon request and provision of six (6) weeks notice, shall be granted a leave of absence without loss of seniority and benefits for up to three (3) years. During such leaves of absence, salary and benefits shall be kept whole by the Employer and the Union agrees to reimburse the Employer for such salary and the Employers' contribution to said benefits. The employee agrees to notify the Employer of the employee's intention to return to work within four (4) weeks following termination of office for which the leave was granted. At the end of such leave, any employee hired or placed as a substitute for the employee on such absence, may be terminated or laid off by the Employer as required, or be transferred to the employee's previous position, if the substitution was a transfer.
22:03 Employees who are on leave of absence will not engage in gainful employment while on such leave and if an employee does engage in gainful employment while on such leave of absence they may forfeit all seniority rights and privileges contained in this Agreement. Ft&Pt 22:04 Employees on leave of absence under this Article shall continue to accumulate all rights and privileges under this Agreement.
LEAVE OF ABSENCE 18.01 The President and one (1) member of the Association shall be granted leave of absence without pay as may be necessary for the proper performance of the duties of their office insofar as the regular operations of the service of the Fire Department will permit, at the discretion of the Fire Chief.
18.02 The Bargaining Committee members shall suffer no loss of earnings for the time required to meet with the Corporation for negotiations.
18.03 The Grievance Committee members shall suffer no loss of earnings for the time required to investigate grievances and meet with the Corporation on the processing of grievances.
18.04 A Fire Fighter who is absent from duty because of non-occupational accident or sickness and who provides satisfactory evidence of disability shall be granted leave of absence for the duration of his/her paid sick leave entitlement or one (1) year, whichever is the greater, and his/her pay shall be in accordance with the provisions of Article 11.02 and not to be pyramided.
18.05 A Fire Fighter who has been absent from duty under the Workplace Safety & Insurance Act shall be granted leave of absence for the duration of such disability or until he/she has been granted an award for permanent disability by the Board, and his/her pay shall be in accordance with the provisions of Section 11.01. A Fire Fighter on temporary disability in excess of one (1) year, who is pronounced fit for duty by a competent medical authority acceptable to the Corporation, may return to duty if his/her length of service at the commencement of his/her leave was greater than that of the junior Fire Fighter at the time of the proposed return, provided he/she gives thirty (30) days' prior notice.
18.06 A member of the Economic Policy Committee shall suffer no loss of earnings to attend meetings in his/her role as Committeeman. It is understood that a Committeeman will not leave his/her work without the permission of the officer in charge and the time so used shall not be unreasonable.
18.07 A Fire Fighter who has been absent from duty due to a compensable accident which occurred while working for another employer, other than the Corporation, shall not be entitled to Green Shield, including hospital, drugs, dental, and vacation entitlement shall be pro-rated. In addition, lieu day entitlement will be limited to those days accumulated while on duty. Employees will have the option of reimbursing the Corporation for the continued coverage of any or all of the above benefits with the exception of vacation entitlement.
18.08 A Fire Fighter shall be provided with pregnancy/parental leave in accordance with the terms of The Employment Standards Act. A Fire Fighter shall receive a top up of employment insurance (EI) benefits received during pregnancy/parental leave of seventy- five percent of regular earnings for a maximum of twenty-five (25) weeks comprised of fifteen (15) weeks of pregnancy leave and ten (10) weeks of parental leave, effective September 25, 2016.
