Common use of Unpaid Leave of Absence Clause in Contracts

Unpaid Leave of Absence. A. General leaves of absence for reasonable periods not to exceed one (1) year, upon written request to the Superintendent or his/her designee, may be granted to employees for good cause; such leave may be canceled if the employee is employed during the leave. General leaves of absence may be extended for a period not to exceed one (1) year at the discretion of the Superintendent or his/her designee. (The Association President shall be notified, in writing, when an employee has been granted a leave of absence.) B. An employee granted a leave of absence by the Employer of more than six (6) months may be given a position upon his/her return provided there is an opening in his/her job classification and job assignment (the position held immediately prior to the granted leave), and he/she has given proper notice. An employee on a leave of absence equal to or less than sixty (60) working days will be returned to her/his regular position if it is available. If not available, the employee will be returned to a comparable position. However, no employee will be laid off, or have their hours reduced to return an employee on leave of absence in excess of sixty (60) working days. C. An employee on a leave greater than three (3) months is required to notify the Department of Human Resources, in writing, at least fifteen (15) days preceding the expiration date of a leave indicating his/her desire to return, request an extension, or resign. An employee on a leave of absence of three (3) months or less will be required to submit only a seven (7) work day written notice. An employee must make application for reinstatement within the time limit specified and if the employee does not provide such notice, he/she shall be deemed to have terminated his/her employment with the Rochester Community Schools unless an exception to this rule has been made by the Superintendent/designee. D. Re-employment of an employee on a leave of absence of more than six (6) months will be conditioned by the availability of a vacancy existing within the employee's job classification and assignment as indicated at the time the leave was granted. The employer's obligation to re-employ an employee shall end six (6) months after termination of the leave. E. The notice of intention to return to duty after medical leave shall be accompanied by a written statement from a physician. F. Employees granted a leave of absence shall maintain their accumulative sick leave bank remaining at the time the leave was granted less any deductions for days used. All benefits (sick leave, approve leave, medical, dental, vision, life) cease to accumulate during the unpaid leave except seniority for those on an approved medical leave of absence. Medical, dental, vision and life insurance will continue in accordance with the Family Medical Leave Act (FMLA), although the employee must pay their contribution toward the cost as provided in Article 15, Benefit Protection. X. Leave of absence may be granted for the following good causes by way of illustration but not limited to: ❑ education ❑ medical ❑ military ❑ Association business H. Eligibility for any leave of absence requires a minimum of six (6) months continuous employment by the School District immediately prior to such leave of absence. To be eligible for Family Medical Leave, the employee must have been employed for 12 months prior to the leave of absence and worked a minimum of 1250 hours during that 12 month period. I. No accrual of seniority shall be granted during leave of absence except for medical, or military leaves of absence. X. While an employee is on a leave of absence for less than six (6) months, temporary employees may be hired. Such temporary employees shall not accumulate seniority and may be terminated upon expiration and return of the employee from his/her leave of absence. K. Members of the Association elected to local Association positions or selected by the Association to do work which takes them from their employment with the Board shall be granted a temporary leave of absence for a period up to but not to exceed one (1) year or the term of office whichever may be shorter, provided a written request from the Association and the employee is received by the Board. The total number of persons allowed this type of leave shall not exceed one (1) person within any fiscal year. L. The Employer cannot guarantee the return of any employee to a specific building or special assignment at the conclusion of the period of absence. The employer will make every effort to return an employee who has been on leave of absence to the same or comparable job that he/she held before the leave. M. At the expiration of a leave, and as stated in the sections above, if an employee does not return and no extension is granted, his/her removal and termination of employment with Rochester Community Schools becomes automatic. N. Temporary vacancies of sixty (60) days or more in Instructional/Special Education classifications will be filled in accordance with the provisions of the Vacancies, Promotions and Transfers Article of this Agreement. O. The rights provided in this Article are in coordination with the rights provided under the Family Medical Leave Act (FMLA). The Family Medical Leave Act of 1993 (FMLA) provides up to twelve (12) weeks of job-protected leave to “eligible” employees for certain family and medical reasons. A leave granted under the provisions of this section is in conjunction with any other paid or unpaid leaves already provided to members under other applicable sections of this agreement. The Board will continue to observe any leave provisions of benefit programs that provide greater leave rights than the rights established by the FMLA. The Board shall continue health, dental and vision benefits during this leave. The employee is responsible for completing the Department of Labor application and submitting that application to the HR/Benefits Coordinator.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

AutoNDA by SimpleDocs

Unpaid Leave of Absence. A. General leaves 1. A bargaining unit member may, with the approval of the Superintendent, be granted an unpaid leave of absence. A written request stating the reason and duration of the leave must be submitted to the Superintendent no later than sixty (60) calendar days prior to the beginning of the desired leave. The maximum length of an unpaid leave shall be one year, and renewal of such leave shall be at the discretion of the Board. If a unit member requests an early termination of the leave, the Superintendent will have the option of approval or disapproval. 2. The employee must notify the Superintendent by April 1 if they plan on returning the following year. 3. Upon return from an unpaid leave, the unit member will resume the contract status, which existed prior to such leave. If the unit member desires to continue insurance benefits during the leave of absence, the member must pay the full premium amount through a check to the Treasurer of the school district. 4. Members who are on extended sick leave will receive Board paid benefits for a one-year period. An extended sick leave absence without pay is granted to professional staff members as follows: a. Any professional staff member who has been in the Perrysburg Schools for two (2) consecutive years whose personal illness extends beyond the period covered by her/his accumulated sick leave shall be granted further leave, for such time as is necessary for complete recovery from such illness. Request for this medical leave will be accompanied by a statement from the attending physician stating the disability from performing work and recommending that a leave of absence be granted. A medical release authorized by a physician shall be considered one of the conditions for reasonable periods returning to active service. b. The professional staff member while on this leave shall not receive tenure, even though he/she meets the requirements for tenure. c. This leave shall be granted for up to exceed one (1) year, . d. This leave may be extended for an additional year upon written request to the Superintendent or his/her designee, may be granted prior to employees for good cause; such leave may be canceled if the employee is employed during the leave. General leaves of absence may be extended for a period not to exceed one (1) year at the discretion beginning of the Superintendent or his/her designeeschool year, up to a maximum of two years as per O.R.C. 3319. 5. (The Association President shall be notified, in writing, when an employee has been granted a leave of absence.) B. An employee granted a Unpaid leave of absence by the Employer of more than six (6) months may will normally be given a position upon his/her return provided there is an opening granted in his/her job classification and job assignment (the position held immediately prior to the granted leave), and he/she has given proper notice. An employee on a leave of absence equal to or less than sixty (60) working days will be returned to her/his regular position if it is availablesemester increments. If not availablethe leave is the result of pregnancy, the employee will be returned to leave may begin during a comparable position. However, no employee will be laid off, or have their hours reduced to return an employee on leave of absence semester already in excess of sixty (60) working daysprogress. C. An employee on a leave greater than three (3) months is required to notify the Department of Human Resources, 6. Members who are in writing, at least fifteen (15) days preceding the expiration date of a leave indicating his/her desire to return, request an extension, or resign. An employee on a leave of absence of three (3) months or less will be required to submit only a seven (7) work day written notice. An employee must make application pay status for reinstatement within the time limit specified and if the employee does not provide such notice, he/she shall be deemed to have terminated his/her employment with the Rochester Community Schools unless an exception to this rule has been made by the Superintendent/designee. D. Re-employment of an employee on a leave of absence of more than six (6) months will be conditioned by the availability of a vacancy existing within the employee's job classification and assignment as indicated at the time the leave was granted. The employer's obligation to re-employ an employee shall end six (6) months after termination of the leave. E. The notice of intention to return to duty after medical leave shall be accompanied by a written statement from a physician. F. Employees granted a leave of absence shall maintain their accumulative sick leave bank remaining at the time the leave was granted less any deductions for days used. All benefits (sick leave, approve leave, medical, dental, vision, life) cease to accumulate during the unpaid leave except seniority for those on an approved medical leave of absence. Medical, dental, vision and life insurance will continue in accordance with the Family Medical Leave Act (FMLA), although the employee must pay their contribution toward the cost as provided in Article 15, Benefit Protection. X. Leave of absence may be granted for the following good causes by way of illustration but not limited to: ❑ education ❑ medical ❑ military ❑ Association business H. Eligibility for any leave of absence requires a minimum of six one hundred and twenty (6120) months continuous employment by days during the School District immediately prior to such leave of absence. To be eligible for Family Medical Leave, the employee must have been employed for 12 months prior to the leave of absence and worked a minimum of 1250 hours during that 12 month period. I. No accrual of seniority shall school year will be granted during leave one year of absence except for medicalexperience on the salary schedule, or military leaves of absence. X. While even though they are on an employee is on a unpaid leave of absence for less than six (6) months, temporary employees may be hired. Such temporary employees shall not accumulate seniority and may be terminated upon expiration and return of the employee from his/her leave of absence. K. Members of the Association elected to local Association positions or selected by the Association to do work which takes them from their employment with the Board shall be granted a temporary leave of absence for a period up to but not to exceed one (1) year or the term of office whichever may be shorter, provided a written request from the Association and the employee is received by the Board. The total number of persons allowed this type of leave shall not exceed one (1) person within any fiscal year. L. The Employer cannot guarantee the return of any employee to a specific building or special assignment at the conclusion of the period of absence. The employer will make every effort to return an employee who has been on leave of absence to the same or comparable job that he/she held before the leave. M. At the expiration of a leave, and as stated in the sections above, if an employee does not return and no extension is granted, his/her removal and termination of employment with Rochester Community Schools becomes automatic. N. Temporary vacancies of sixty (60) days or more in Instructional/Special Education classifications will be filled in accordance with the provisions of the Vacancies, Promotions and Transfers Article of this Agreement. O. The rights provided in this Article are in coordination with the rights provided under the Family Medical Leave Act (FMLA). The Family Medical Leave Act of 1993 (FMLA) provides up to twelve (12) weeks of jobsixty-protected leave to “eligible” employees for certain family and medical reasons. A leave granted under the provisions of this section is in conjunction with any other paid or unpaid leaves already provided to members under other applicable sections of this agreement. The Board will continue to observe any leave provisions of benefit programs that provide greater leave rights than the rights established by the FMLA. The Board shall continue health, dental and vision benefits during this leave. The employee is responsible for completing the Department of Labor application and submitting that application to the HR/Benefits Coordinator.four

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Unpaid Leave of Absence. A. General leaves SECTION 1. A personal leave of absence without pay may be granted upon written request for reasonable periods a period of up to six (6) months for personal reasons. Such leaves may be extended upon written request for an additional six (6) months, not to exceed a period on one (1) year. The authorization of a leave of absence without pay is solely a matter of administrative discretion and each request will be decided by the employer based upon its merits. An employee must request an unpaid leave of absence according to the operational requirements of the employer. SECTION 2. Upon completion of one (1) year of service, a leave of absence without pay may be granted upon written request for a period of up to the Superintendent one (1) year for entering an educational program leading to a degree or his/her designee, may be certification. The leave granted to employees for good cause; such leave may be canceled if the employee is employed during the leave. General leaves of absence may be extended for a period not to exceed of an additional one (1) year at the discretion upon written request and will be subject to approval of the Superintendent facility. SECTION 3. A personal leave of absence shall not be unreasonably requested by employees nor shall be unreasonably denied by the facility. SECTION 4. Employees appointed or elected to Union positions or office shall be granted an unpaid leave of absence not to exceed his/her designeeterm of office or position. (The Association President At no time shall be notified, in writing, when an employee has been granted a leave of absence.) B. An employee granted a leave of absence by the Employer of more than two (2) employees from different departments, unless they are STNA’s, be off on Union leave at any one time. For each year of this Agreement, the Union will be entitled to a total of six (6) months may be given a position upon his/her return provided there is an opening in his/her job classification and job assignment (the position held immediately prior to the granted leave), and he/she has given proper notice. An employee on a unpaid leave of absence equal days for delegates required attendance at meetings on behalf of the Union. The employee may substitute paid time. In addition to or less than sixty the unpaid days for the Local, one (601) working days will employee elected to the Executive Board of the Union shall be returned allowed time off without pay, not to her/his regular position if it is available. If not availableexceed two (2) days, the employee will be returned to a comparable position. However, no employee will be laid offfour (4) times per year, or have may use their hours reduced personal or vacation time to return an employee on leave of absence in excess of sixty (60) working days. C. An employee on a leave greater than three (3) months is required attend meetings and or conferences subject to scheduling set out below. The Union will notify the Department of Human ResourcesEmployer, in writing, at least fifteen two (152) weeks prior to the use of Union leave. The Union agrees that by the use of this Union Leave provision, no overtime situations will be created, and the days preceding shall be scheduled as not to interfere with the expiration date operations of a leave indicating his/her desire to return, request the Employer. SECTION 5. The provisions of State and Federal Law shall prevail for all aspects of military leave. SECTION 6. When an extension, or resign. An employee on returns from a leave of absence of three (3) months or less will be required to submit only a seven (7) work day written notice. An employee must make application for reinstatement within the time limit specified and if one year, the employee does not provide such noticeis to be returned to the same classification. If an employee is on an approved leave of absence longer than one year, he/he or she shall be deemed returned to have terminated his/her employment with the Rochester Community Schools unless an exception to this rule has been made by the Superintendent/designee. D. Re-employment of an employee on same or similar classification as vacancies occur. Employees who are granted a leave of absence during a new hire or promotional probationary period shall have their probationary period extended and will continue the remainder of more their probationary period upon their return to work from leave. SECTION 7. Family and Medical Leave: the facility will follow all applicable Federal and State laws and the County policy regarding Family Medical Leave. SECTION 8. Any employee covered by Ottawa County health insurance on an approved leave of absence without pay may continue coverage under the County plan, at their own expense through COBRA or as otherwise required by applicable law. SECTION 9. When an employee fails to return to work upon the expiration of an authorized leave of absence without pay, that employee shall be considered as having resigned from the position. SECTION 10. An employee who has received an authorized leave of absence without pay does not earn sick or vacation leave credit or other earned benefits. However, seniority shall accrue while on an approved leave of absence. SECTION 11. If it is determined that an employee is abusing the leave of absence and not actually using the leave for the purposes specified, the appointing authority may cancel the leave and provide the employee with a written notice directing the employee to report for work and may discipline the employee up and including discharge. SECTION 12. Any employee who suffers sickness, accident, and disability (including pregnancy) shall, upon request made to the Facility, be granted leave to absent himself or herself from work for leave purposes. The date of departure and the date of return to work shall be selected by the employee and his/her physician and shall notify the Administrator of these dates as far in advance as is practicable. At the employee’s option, all accrued sick leave and vacation leave may be utilized. After accrued sick leave and vacation leave is exhausted, the employee may be placed on leave of absence without pay, not to exceed six (6) months, for the remainder of their requested leave time. At the expiration of the six (6) months, additional unpaid leave may be granted to the employee. An appointing authority who has reason to believe that an employee is unable to fulfill their usual duties by reason of sickness, disability or accident may request in writing that the said employee begin unpaid leave at an earlier date than the employee has selected. Any employee on a LOA may be required by Riverview Nursing Facility to be examined by our physician. SECTION 13. A leave of absence without pay must be authorized by the Administrator. Each individual request will be considered on its own merit. Any replacement for an employee on leave is to be considered a temporary appointment only. SECTION 14. Employees who anticipate their injury or disability extending beyond six (6) months will be conditioned follow the procedure described as follows: A. Request a hearing – notice of conference – with the Director of Human Resources. B. Have an Order of Disability separation prepared by the availability Business Office. C. A medical examination or satisfactory written documentation substantiating the cause, nature, and extent of disabling illness, injury or condition shall be required prior to the granting of a vacancy existing within the employee's job classification and assignment as indicated at leave of absence or disability separation. D. Be aware an employee can only stay on a disability leave for a period up to two (2) years from the time he/she is eligible. This includes the leave was granted. The employer's obligation to re-employ an employee shall end six (6) months after termination of the leavealready used on a LOA. E. The notice of intention to return to duty after medical leave shall request for reinstatement must be accompanied by a written statement from a physician. F. Employees granted a leave of absence shall maintain their accumulative sick leave bank remaining at the time the leave was granted less any deductions for days used. All benefits (sick leave, approve leave, medical, dental, vision, life) cease to accumulate during the unpaid leave except seniority for those on an approved medical leave of absence. Medical, dental, vision and life insurance will continue in accordance with the Family Medical Leave Act (FMLA), although the employee must pay their contribution toward the cost as provided in Article 15, Benefit Protection. X. Leave of absence may be granted for the following good causes by way of illustration but not limited to: ❑ education ❑ medical ❑ military ❑ Association business H. Eligibility for any leave of absence requires a minimum of six (6) months continuous employment writing by the School District immediately prior to such leave of absence. To be eligible for Family Medical Leave, the employee must have been employed for 12 months prior to the leave of absence and worked a minimum of 1250 hours during that 12 month periodemployee. I. No accrual of seniority shall be granted during leave of absence except for medical, or military leaves of absence. X. While an employee is on a leave of absence for less than six (6) months, temporary employees may be hired. Such temporary employees shall not accumulate seniority and may be terminated upon expiration and return of the employee from his/her leave of absence. K. Members of the Association elected to local Association positions or selected by the Association to do work which takes them from their employment with the Board shall be granted a temporary leave of absence for a period up to but not to exceed one (1) year or the term of office whichever may be shorter, provided a written request from the Association and the employee is received by the Board. The total number of persons allowed this type of leave shall not exceed one (1) person within any fiscal year. L. The Employer cannot guarantee the return of any employee to a specific building or special assignment at the conclusion of the period of absence. The employer will make every effort to return an employee who has been on leave of absence to the same or comparable job that he/she held before the leave. M. At the expiration of a leave, and as stated in the sections above, if an employee does not return and no extension is granted, his/her removal and termination of employment with Rochester Community Schools becomes automatic. N. Temporary vacancies of sixty (60) days or more in Instructional/Special Education classifications will be filled in accordance with the provisions of the Vacancies, Promotions and Transfers Article of this Agreement. O. The rights provided in this Article are in coordination with the rights provided under the Family Medical Leave Act (FMLA). The Family Medical Leave Act of 1993 (FMLA) provides up to twelve (12) weeks of job-protected leave to “eligible” employees for certain family and medical reasons. A leave granted under the provisions of this section is in conjunction with any other paid or unpaid leaves already provided to members under other applicable sections of this agreement. The Board will continue to observe any leave provisions of benefit programs that provide greater leave rights than the rights established by the FMLA. The Board shall continue health, dental and vision benefits during this leave. The employee is responsible for completing the Department of Labor application and submitting that application to the HR/Benefits Coordinator.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Unpaid Leave of Absence. A. General leaves of absence for reasonable periods not to exceed one (1) year, upon written request to the ‌ 28.1 The President/Superintendent or his/her designee, the appropriate Vice President and a Faculty Unit member’s immediate supervisor may be granted to employees for good cause; such leave may be canceled if the employee is employed during the leave. General leaves of absence may be extended for a period not to exceed one (1) year at the discretion of the Superintendent or his/her designee. (The Association President shall be notified, in writing, when approve an employee has been granted a leave of absence.) B. An employee granted a leave of absence by the Employer of more than six (6) months may be given a position upon his/her return provided there is an opening in his/her job classification and job assignment (the position held immediately prior to the granted leave), and he/she has given proper notice. An employee on a leave of absence equal to or less than sixty (60) working days will be returned to her/his regular position if it is available. If not available, the employee will be returned to a comparable position. However, no employee will be laid off, or have their hours reduced to return an employee on leave of absence in excess of sixty (60) working days. C. An employee on a leave greater than three (3) months is required to notify the Department of Human Resources, in writing, at least fifteen (15) days preceding the expiration date of a leave indicating his/her desire to return, request an extension, or resign. An employee on a leave of absence of three (3) months or less will be required to submit only a seven (7) work day written notice. An employee must make application for reinstatement within the time limit specified and if the employee does not provide such notice, he/she shall be deemed to have terminated his/her employment with the Rochester Community Schools unless an exception to this rule has been made by the Superintendent/designee. D. Re-employment of an employee on a leave of absence of more than six (6) months will be conditioned by the availability of a vacancy existing within the employee's job classification and assignment as indicated at the time the leave was granted. The employer's obligation to re-employ an employee shall end six (6) months after termination of the leave. E. The notice of intention to return to duty after medical leave shall be accompanied by a written statement from a physician. F. Employees granted a leave of absence shall maintain their accumulative sick leave bank remaining at the time the leave was granted less any deductions for days used. All benefits (sick leave, approve leave, medical, dental, vision, life) cease to accumulate during the unpaid leave except seniority for those on an approved medical leave of absence. Medical, dental, vision and life insurance will continue in accordance with the Family Medical Leave Act (FMLA), although the employee must pay their contribution toward the cost as provided in Article 15, Benefit Protection. X. Leave of absence may be granted for the following good causes by way of illustration but not limited to: ❑ education ❑ medical ❑ military ❑ Association business H. Eligibility for any leave of absence requires a minimum of six (6) months continuous employment by the School District immediately prior to such leave of absence. To be eligible for Family Medical Leave, the employee must have been employed for 12 months prior to the leave of absence and worked a minimum of 1250 hours during that 12 month period. I. No accrual of seniority shall be granted during leave of absence except for medical, or military leaves of absence. X. While an employee is on a leave of absence for less a Faculty Unit member for personal reasons for a period of no more than six five (65) months, temporary employees may be hired. Such temporary employees shall not accumulate seniority and may be terminated upon expiration and return of the employee from his/her leave of absencedays. K. Members of the Association elected to local Association positions or selected by the Association to do work which takes them from their employment with the Board shall be granted a temporary 28.2 A full-time Faculty Unit member may request an unpaid leave of absence for a period up of more than five (5) days but less than one (1) calendar year. 28.2.1 In order to but not to exceed request an unpaid leave, the Unit member must submit the appropriate request form. The request form must be signed by the Unit member’s immediate supervisor and appropriate Vice President or the President/Superintendent. Each will recommend that the leave be granted or denied on the form. The request form will then be placed on the Board agenda for consideration of approval by the Board of Trustees. 28.2.2 A Unit member may also submit a request for a second one (1) year or unpaid leave of absence for unusual situations. The request form must be signed as detailed in 28.2.1. The request form will then be signed and placed on the term Board agenda for consideration of office whichever may be shorter, provided a written request from the Association and the employee is received approval by the Board. The total number Board of persons allowed this type Trustees. 28.3 A full-time Faculty Unit member requesting an unpaid leave of absence for personal reasons must provide the reason for the leave shall not exceed to the District. 28.4 A full-time Faculty Unit member who is granted an unpaid leave of absence for one (1) person within any fiscal year. L. The Employer cannot guarantee calendar month or less shall have their health and welfare benefits paid for by the return of any employee to a specific building or special assignment at the conclusion of the period of absenceDistrict. The employer will make every effort to return A full-time Unit member who is granted an employee who has been on unpaid leave of absence to for more than one (1) calendar month shall have their health and welfare premiums paid by the same or comparable job that he/she held before District until the leaveend of the calendar month in which the employee last worked in paid status. M. At 28.5 A full-time Faculty Unit member who is granted an unpaid leave of absence for more than one (1) calendar month may choose to be covered by their group health and welfare benefit plans. In that case, the expiration of a leave, and as stated Unit member must pay the premiums monthly during the academic year until they return to work in the sections above, if an employee does not return and no extension is granted, his/her removal and termination of employment with Rochester Community Schools becomes automaticpaid status. N. Temporary vacancies 28.6 A full-time Faculty Unit member who returns to work in paid status after an unpaid leave of sixty (60) days or more in Instructional/Special Education classifications will be filled in accordance with the provisions of the Vacancies, Promotions absence qualifies for reinstatement to District-paid health and Transfers Article of this Agreementwelfare benefit programs. O. 28.7 The rights provided in this Article are in coordination with the rights provided under the Family Medical Leave Act (FMLA). The Family Medical Leave Act District shall not pay a Faculty Unit member’s District-paid health and welfare benefits during an unpaid leave of 1993 (FMLA) provides up to twelve (12) weeks of job-protected leave to “eligible” employees absence for certain family and medical reasons. A The District will require the Unit member to provide proof of injury/illness for an unpaid leave granted under the provisions of this section is in conjunction with any other paid or unpaid leaves already provided to members under other applicable sections of this agreement. The Board will continue to observe any leave provisions of benefit programs that provide greater leave rights than the rights established by the FMLA. The Board shall continue health, dental and vision benefits during this leave. The employee is responsible for completing the Department of Labor application and submitting that application to the HR/Benefits Coordinatorabsence.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Unpaid Leave of Absence. A. General leaves An unpaid leave of absence of not less than one (1) year for reasonable periods any reason except other K-12 employment shall be granted to any bargaining unit member upon written application. This leave shall be extended for up to one (1) one-year extension, except that during actual or impending layoffs, this leave shall be extended for up to two (2) one-year extensions. B. A teacher requesting a leave shall make this request in writing by July 1 for the following school year. This deadline shall not apply to exceed medical leaves. A teacher on leave of absence shall notify the district of his or her desire to return from leave by July 1 for the following year. If the teacher fails to follow these time lines, the district may refuse to approve the leave or extension. Failure of individuals on leave of absence to notify the Personnel Office of their desire to return on or before July 1 of the year they wish to return shall constitute an irrevocable, voluntary resignation. C. A teacher who notifies the District of their desire to return from leave shall do so by application for a vacancy for which they are certified and qualified. A teacher making such application shall be placed in a vacancy for which they are certified and qualified, if one exists. If no positions are available or during actual or impending layoffs, teachers returning from leave shall be laid off, but shall be entitled to the same recall rights as all other laid off teachers. D. Teachers on leave of absence shall retain all sick leave and other benefits accumulated prior to said leave. If a teacher teaches more than half the semester inclusive of paid sick days, he will receive credit for that semester on the salary schedule. If a teacher teaches more than one hundred (100) days in any school year inclusive of paid sick days, he will receive credit for the year on the salary schedule. E. Seniority shall continue to accumulate for up to one (1) year for teachers on leave of absence. Seniority shall be retained but shall not continue to accumulate for leaves extending beyond one (1) year, upon written request to the Superintendent or his/her designee, may be granted to employees for good cause; such leave may be canceled if the employee is employed during the leave. General leaves of absence may be extended for a period not to exceed one (1) year at the discretion of the Superintendent or his/her designee. (The Association President shall be notified, in writing, when an employee has been granted a leave of absence.) B. An employee granted a F. Teachers on midyear leave of absence by shall receive Board-paid insurance coverage prorated for the Employer portion of more than six (6) months may be given a position upon his/her return provided there is an opening in his/her job classification and job assignment (the position held immediately prior to the granted leave), and he/she has given proper noticetime worked inclusive of paid sick days. An employee on a leave of absence equal to or less than sixty (60) working days will be returned to her/his regular position if it is available. If not available, the employee will be returned to a comparable position. However, no employee will be laid off, or have their hours reduced to return an employee Teachers on leave of absence may continue their insurance coverage by paying, in excess advance, premiums through the Board at the group rate, subject to the rules of sixty (60) working daysthe carrier. C. An employee G. The District shall provide such leaves as are required by the Federal Family Leave Act of 1993. The District shall act in accordance with the Federal regulations. H. Except as otherwise stated, teachers on a unpaid leave greater than three (3) months is shall not receive fringe benefits. I. Teachers on leave of absence shall be required to notify the Department Board of Human Resources, in writing, at least fifteen (15) days preceding any change of address and telephone. Failure to notify the expiration date Board of a leave indicating his/her desire to return, request an extension, or resign. An employee on a leave any change of absence of three (3) months or less will be required to submit only a seven (7) work day written notice. An employee must make application for reinstatement within the time limit specified and if the employee does not provide such notice, he/she address shall be deemed to have terminated his/her employment with the Rochester Community Schools unless an exception to this rule has been made by the Superintendent/designee. D. Re-employment of an employee on a leave of absence of more than six (6) months will be conditioned by the availability of a vacancy existing within the employee's job classification and assignment as indicated at the time the leave was granted. The employer's suspend any obligation to re-employ an employee shall end six (6) months after termination of the leave. E. The notice Board to notify the teacher of intention to return to duty after medical leave shall be accompanied by a written statement from a physician. F. Employees granted a leave of absence shall maintain their accumulative sick leave bank remaining at openings until the time the leave was granted less any deductions for days used. All benefits (sick leave, approve leave, medical, dental, vision, life) cease to accumulate during the unpaid leave except seniority for those on an approved medical leave of absence. Medical, dental, vision and life insurance will continue in accordance with the Family Medical Leave Act (FMLA), although the employee must pay their contribution toward the cost as provided in Article 15, Benefit Protection. X. Leave of absence may be granted for the following good causes by way of illustration but not limited to: ❑ education ❑ medical ❑ military ❑ Association business H. Eligibility for any leave of absence requires a minimum of six (6) months continuous employment by the School District immediately prior to such leave of absence. To be eligible for Family Medical Leave, the employee must have been employed for 12 months prior to the leave of absence and worked a minimum of 1250 hours during that 12 month period. I. No accrual of seniority shall be granted during leave of absence except for medical, or military leaves of absence. X. While an employee district is on a leave of absence for less than six (6) months, temporary employees may be hired. Such temporary employees shall not accumulate seniority and may be terminated upon expiration and return notified of the employee from his/her leave of absenceaddress change. K. Members of the Association elected to local Association positions or selected by the Association to do work which takes them from their employment with the Board shall be granted a temporary leave of absence for a period up to but not to exceed one (1) year or the term of office whichever may be shorter, provided a written request from the Association and the employee is received by the Board. The total number of persons allowed this type of leave shall not exceed one (1) person within any fiscal year. L. The Employer cannot guarantee the return of any employee to a specific building or special assignment at the conclusion of the period of absence. The employer will make every effort to return an employee who has been on leave of absence to the same or comparable job that he/she held before the leave. M. At the expiration of a leave, and as stated in the sections above, if an employee does not return and no extension is granted, his/her removal and termination of employment with Rochester Community Schools becomes automatic. N. Temporary vacancies of sixty (60) days or more in Instructional/Special Education classifications will be filled in accordance with the provisions of the Vacancies, Promotions and Transfers Article of this Agreement. O. The rights provided in this Article are in coordination with the rights provided under the Family Medical Leave Act (FMLA). The Family Medical Leave Act of 1993 (FMLA) provides up to twelve (12) weeks of job-protected leave to “eligible” employees for certain family and medical reasons. A leave granted under the provisions of this section is in conjunction with any other paid or unpaid leaves already provided to members under other applicable sections of this agreement. The Board will continue to observe any leave provisions of benefit programs that provide greater leave rights than the rights established by the FMLA. The Board shall continue health, dental and vision benefits during this leave. The employee is responsible for completing the Department of Labor application and submitting that application to the HR/Benefits Coordinator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Unpaid Leave of Absence. A. General leaves 14.05.01 Upon the written request of an employee who has exhausted his/her accumulated sick leave, supported with satisfactory evidence from a physician to justify the leave, the Board shall grant an unpaid leave of absence because of physical or mental disability. The leave may be for an indefinite period of time not to exceed two (2) years or for a definite period of time not to exceed two (2) years. The leave may be renewed upon the employee’s request, not to exceed two (2) years. An employee who has been granted an indefinite leave of absence for reasonable periods reason of physical or mental disability shall be returned to active status upon thirty (30) days’ prior notice to the Board and doctor’s certification of ability to return to active service. 14.05.02 An employee shall be granted a leave of absence for the purpose of maternity leave, for the adoption of a child, or for the care of an infant child. Of this leave, the employee may use up to six (6) calendar weeks of accumulated sick leave for work days missed immediately following the birth in accordance with the medically accepted post-partum recovery period, and any other additional leave used to extend the post-partum recovery period shall be deemed as unpaid leave of absence. This leave shall begin on a date specified by the employee, but the employee’s written application for leave must be submitted to the Superintendent thirty (30) days before such date, unless emergency arises (ex: early maternity delivery). Before beginning the leave, the employee must advise the Superintendent in writing of the anticipated date of return from the leave. The leave of absence shall not to exceed one (1) year, upon written request . The employee may return to active service before the Superintendent or his/her designee, may be granted to employees for good cause; such leave may be canceled anticipated expiration date if the employee thirty (30) days’ prior notice is employed during the leave. General leaves of absence may be extended for a period not to exceed one (1) year at the discretion of the Superintendent or his/her designee. (The Association President shall be notified, in writing, when an employee has been granted a leave of absence.) B. An employee granted a leave of absence by the Employer of more than six (6) months may be given a position upon his/her return provided there is an opening in his/her job classification and job assignment (the position held immediately prior to the granted leave), and he/she has given proper notice. An employee on a leave of absence equal to or less than sixty (60) working days will be returned to her/his regular position if it is available. If not available, the employee will be returned to a comparable position. However, no employee will be laid off, or have their hours reduced to return an employee on leave of absence in excess of sixty (60) working daysgiven. C. An employee on a leave greater than three (3) months is required to notify the Department 14.05.03 For purpose of Human Resourcesseniority, in writing, at least fifteen (15) days preceding the expiration date of a leave indicating his/her desire to return, request an extension, or resign. An employee on a leave of absence of three (3) months or less will be required to submit only a seven (7) work day written notice. An employee must make application for reinstatement within the time limit specified and if the employee does not provide such notice, he/she shall be deemed to have terminated his/her employment with the Rochester Community Schools unless an exception to this rule has been made by the Superintendent/designee. D. Re-employment of an employee on a leave of absence shall not advance in seniority but said employee’s continuity of more than six (6) months will service shall not be conditioned by the availability of a vacancy existing within the employee's job classification and assignment as indicated at the time the leave was granteddisrupted. The employer's obligation to re-employ an An employee shall end six (6) months after termination not be given experience credit on the salary schedule for the period of the such leave. E. The notice 14.05.04 An employee on leave of intention to return to duty after medical leave absence shall be accompanied permitted to purchase at no cost to the Board of Education, insurance benefits that are provided by a written statement from a physicianthe Board of Education. An employee on leave of absence shall reimburse the board of Education for any contribution the employer is required to make to the SERS on behalf of such employee for the term of such leave if such employee opts to contribute to the SERS for the period of such leave. F. Employees granted 14.05.05 An employee returning from a leave of absence shall maintain their accumulative sick leave bank remaining at the time the leave was granted less any deductions for days used. All benefits (sick leave, approve leave, medical, dental, vision, life) cease be restored to accumulate during the unpaid leave except seniority for those on an approved medical leave of absence. Medical, dental, vision and life insurance will continue in accordance with the Family Medical Leave Act (FMLA), although the employee must pay their contribution toward the cost as provided in Article 15, Benefit Protection. X. Leave of absence may be granted for the following good causes by way of illustration but not limited to: ❑ education ❑ medical ❑ military ❑ Association business H. Eligibility for any leave of absence requires a minimum of six (6) months continuous employment by the School District immediately prior to such leave of absence. To be eligible for Family Medical Leave, the employee must have been employed for 12 months prior to the leave of absence and worked a minimum of 1250 hours during that 12 month period. I. No accrual of seniority shall be granted during leave of absence except for medical, or military leaves of absence. X. While an employee is on a leave of absence for less than six (6) months, temporary employees may be hired. Such temporary employees shall not accumulate seniority and may be terminated upon expiration and return of the employee from position within his/her leave of absenceclassification. K. Members of the Association elected to local Association positions or selected by the Association to do work which takes them from their employment with the Board shall be granted a temporary leave of absence for a period up to but not to exceed one (1) year or the term of office whichever may be shorter, provided a written request from the Association and the employee is received by the Board. The total number of persons allowed this type of leave shall not exceed one (1) person within any fiscal year. L. The Employer cannot guarantee the return of any employee to a specific building or special assignment at the conclusion of the period of absence. The employer will make every effort to return an employee who has been on leave of absence to the same or comparable job that he/she held before the leave. M. At the expiration of a leave, and as stated in the sections above, if an employee does not return and no extension is granted, his/her removal and termination of employment with Rochester Community Schools becomes automatic. N. Temporary vacancies of sixty (60) days or more in Instructional/Special Education classifications will be filled in accordance with the provisions of the Vacancies, Promotions and Transfers Article of this Agreement. O. The rights provided in this Article are in coordination with the rights provided under the Family Medical Leave Act (FMLA). The Family Medical Leave Act of 1993 (FMLA) provides up to twelve (12) weeks of job-protected leave to “eligible” employees for certain family and medical reasons. A leave granted under the provisions of this section is in conjunction with any other paid or unpaid leaves already provided to members under other applicable sections of this agreement. The Board will continue to observe any leave provisions of benefit programs that provide greater leave rights than the rights established by the FMLA. The Board shall continue health, dental and vision benefits during this leave. The employee is responsible for completing the Department of Labor application and submitting that application to the HR/Benefits Coordinator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Unpaid Leave of Absence. A. General leaves A leave of absence without pay for reasonable periods not to exceed one (1) year, upon written request to the Superintendent health or his/her designee, professional study may be granted to employees for good cause; such leave may be canceled if a tenured Employee by the employee is employed during the leave. General leaves of absence may be extended Board for a period not to exceed of one (1) year at or less upon the discretion recommendation of the Superintendent or his/her designeeSuperintendent. (The Association President shall be notified, in writing, when an employee has been granted a leave of absence.) B. An employee granted Employee desiring a leave of absence by shall notify the Employer Superintendent in writing of more than six (6) months may be given a position upon his/her return provided there desire to take such leave at least ninety (90) calendar days prior to the date on which the leave is an opening requested to begin. In emergency cases, the Superintendent may waive the ninety (90) calendar days if, in his/her job classification judgment, the employee submits in writing an explanation with proper verification and/or documentation indicating the events, occasions, or occurrences beyond the control of the employee who requested that the ninety (90) calendar day be waived. The Superintendent and job assignment Employee shall mutually agree upon the date on which the Employee shall return to work. The Board retains the authority to require medical certification to go on or return from leaves under this section. The granting of leaves of absence is a separate matter for each Employee and is based upon individual facts in each case. The fact that a leave is granted to one Employee shall not be a precedent for granting of a leave to another Employee, but the Board shall not handle the granting of leaves in a discriminatory fashion. The Board may extend the leave for an additional school term upon written request from the Employee no later than ninety (the position held immediately 90) calendar days prior to the granted leave), and he/she has given proper notice. An employee on a leave end of absence equal to or less than sixty (60) working days will be returned to her/his regular position if it is available. If not available, the school term during which the employee will be returned to a comparable positionis on leave. However, no employee will be laid off, or have their hours reduced to return an leave of absence may cover more than a total of two full school terms. An employee on leave of absence in excess of sixty (60) working days. C. An employee on a leave greater than three (3) months is required to notify the Department of Human Resources, in writing, at least fifteen (15) days preceding the expiration date of a leave indicating may keep his/her desire health insurance in effect by paying the full premium, except as otherwise required by the Family and Medical Leave Act and Section 7-5 of this agreement. The employee retains any unused accumulated sick leave, usable upon return to returnregular employment, request an extension, or resignbut does not earn additional sick leave until the employee returns to service. An employee on a leave All leaves of absence of three (3) months or less will shall be required granted with the full understanding that the Employee may be assigned to submit only a seven (7) work day written notice. An employee must make application any position for reinstatement within the time limit specified and if the employee does not provide such notice, which he/she is qualified upon completion of the leave. Every consideration shall be deemed given to have terminated returning the Employee to his/her employment with former position. Teachers on leave shall be subject to the Rochester Community Schools unless an exception to this rule has been made by the Superintendent/designee. D. Re-employment of an employee on a leave of absence of more than six (6) months will be conditioned by the availability of a vacancy existing within the employee's job classification and assignment same reduction in force displacement as indicated at the time the leave was grantedany other tenured Employee. The employer's obligation to re-employ an employee shall end six (6) months after termination of the leave. E. The notice Notification of intention to return to duty after medical leave shall be accompanied by a written statement the employ of the Board from a physician. F. Employees granted a an unpaid leave of absence shall maintain their accumulative sick leave bank remaining at be made in writing to the time Superintendent no later than February 15th prior to the leave was granted less any deductions for days usedend of the school year preceding the expected return. All benefits (sick leaveFailure to notify the Superintendent in writing, approve leave, medical, dental, vision, life) cease to accumulate during the shall be deemed a resignation. Employees returning from an unpaid leave except seniority for those on an approved medical leave of absence. Medical, dental, vision and life insurance will continue in accordance with the Family Medical Leave Act (FMLA), although the employee must pay their contribution toward the cost as provided in Article 15, Benefit Protection. X. Leave of absence may be granted for the following good causes by way of illustration but not limited to: ❑ education ❑ medical ❑ military ❑ Association business H. Eligibility for any leave of absence requires a minimum shall be placed on the salary schedule at the same place they occupied at the beginning of six (6) months continuous employment by the School District immediately prior to such leave of absence. To be eligible for Family Medical Leave, the employee must have been employed for 12 months prior to the leave of absence and worked a minimum of 1250 hours during that 12 month period. I. No accrual of seniority unless they shall be granted during leave of absence except for medical, or military leaves of absence. X. While an employee is on a leave of absence for less than six have completed teaching at least ninety-three (693) months, temporary employees may be hired. Such temporary employees shall not accumulate seniority and may be terminated upon expiration and return days of the employee from his/her leave of absence. K. Members of current year. In the Association elected to local Association positions or selected by the Association to do work which takes them from their employment with the Board latter case, employees shall be granted a temporary full year's credit on the salary schedule if the partial year of service started before the commencement of the leave. Employees returning from an unpaid leave of absence for a period up shall resume their duties only at the beginning of the school term unless otherwise recommended by the Superintendent and approved by the Board of Education. Prior to but not the approval of any leave request pursuant to exceed one (1) year or this clause, the term of office whichever Superintendent and/or the Board may be shorter, provided a written request from the Association and require that the employee is received by the Board. The total number of persons allowed this type of leave shall not exceed one (1) person within any fiscal year. L. The Employer cannot guarantee the return of any employee to a specific building or special assignment at the conclusion of the period of absence. The employer will make every effort to return an employee who has been on leave of absence to the same or comparable job that he/she held before the leave. M. At the expiration submit proper documentation such as statements of a leave, and as stated physician or admission in the sections above, if an employee does not return and no extension is granted, his/her removal and termination institution of employment with Rochester Community Schools becomes automatichigher learning. N. Temporary vacancies of sixty (60) days or more in Instructional/Special Education classifications will be filled in accordance with the provisions of the Vacancies, Promotions and Transfers Article of this Agreement. O. The rights provided in this Article are in coordination with the rights provided under the Family Medical Leave Act (FMLA). The Family Medical Leave Act of 1993 (FMLA) provides up to twelve (12) weeks of job-protected leave to “eligible” employees for certain family and medical reasons. A leave granted under the provisions of this section is in conjunction with any other paid or unpaid leaves already provided to members under other applicable sections of this agreement. The Board will continue to observe any leave provisions of benefit programs that provide greater leave rights than the rights established by the FMLA. The Board shall continue health, dental and vision benefits during this leave. The employee is responsible for completing the Department of Labor application and submitting that application to the HR/Benefits Coordinator.

Appears in 1 contract

Samples: Professional Agreement

Unpaid Leave of Absence. A. General leaves of absence for reasonable periods not to exceed one (1) year, upon written request to the Superintendent or his/her designee, may be granted to employees for good cause; such leave may be canceled if the employee is employed during the leave. General leaves of absence may be extended for a period not to exceed one (1) year at the discretion of the Superintendent or his/her designee. (The Association Chapter President shall definitely be notified, in writing, when an employee has been granted a leave of absence.) B. An employee granted a leave of absence by the Employer of more than six (6) months may be given a position upon his/her return provided there is an opening in his/her job classification and job assignment (the position held immediately prior to the granted leave), and he/she has given proper notice. An employee on a leave of absence equal to or less than sixty (60) working days will be returned to her/his regular position if it is available. If not available, the employee will be returned to a comparable position. However, no employee will be laid off, or have their hours reduced to return an employee on leave of absence in excess of sixty (60) working days. C. An employee on a leave greater than three (3) months is required to notify the Department of Human Resources, in writing, at least fifteen (15) days preceding the expiration date of a leave indicating his/her desire to return, request an extension, or resign. An employee on a leave of absence of three (3) months or less will be required to submit only a seven (7) work day written notice. An employee must make application for reinstatement within the time limit specified and if the employee does not provide such notice, he/she shall be deemed to have terminated his/her employment with the Rochester Community Schools unless an exception to this rule has been made by the Superintendent/designee. D. Re-employment of an employee on a leave of absence of more than six (6) months will be conditioned by the availability of a vacancy existing within the employee's job classification and assignment as indicated at the time the leave was granted. The employer's obligation to re-employ an employee shall end six (6) months after termination of the leave. E. The notice of intention to return to duty after medical leave shall be accompanied by a written statement from a physician. F. Employees granted a leave of absence shall maintain their accumulative sick leave bank remaining at the time the leave was granted less any deductions for days used. All benefits (sick leave, approve leave, medical, dental, vision, life) cease to accumulate during the unpaid leave except seniority for those on an approved medical leave of absence. Medical, dental, vision and life insurance will continue in accordance with the Family Medical Leave Act (FMLA), although the employee must pay their contribution toward the cost as provided in Article 15, Benefit Protection. X. Leave of absence may be granted for the following good causes by way of illustration but not limited to: ❑ education ❑ medical ❑ military ❑ Association business H. Eligibility for any leave of absence requires a minimum of six (6) months continuous employment by the School District immediately prior to such leave of absence. To be eligible for Family Medical Leave, the employee must have been employed for 12 months prior to the leave of absence and worked a minimum of 1250 hours during that 12 month period. I. No accrual of seniority shall be granted during leave of absence except for medical, or military leaves of absence. X. While an employee is on a leave of absence for less than six (6) months, temporary employees may be hired. Such temporary employees shall not accumulate seniority and may be terminated upon expiration and return of the employee from his/her leave of absence. K. Members of the Association elected to local Association positions or selected by the Association to do work which takes them from their employment with the Board shall be granted a temporary leave of absence for a period up to but not to exceed one (1) year or the term of office whichever may be shorter, provided a written request from the Association and the employee is received by the Board. The total number of persons allowed this type of leave shall not exceed one (1) person within any fiscal year. L. The Employer cannot guarantee the return of any employee to a specific building or special assignment at the conclusion of the period of absence. The employer will make every effort to return an employee who has been on leave of absence to the same or comparable job that he/she held before the leave. M. At the expiration of a leave, and as stated in the sections above, if an employee does not return and no extension is granted, his/her removal and termination of employment with Rochester Community Schools becomes automatic. N. Temporary vacancies of sixty (60) days or more in Instructional/Special Education classifications will be filled in accordance with the provisions of the Vacancies, Promotions and Transfers Article of this Agreement. O. The rights provided in this Article are in coordination with the rights provided under the Family Medical Leave Act (FMLA). The Family Medical Leave Act of 1993 (FMLA) provides up to twelve (12) weeks of job-protected leave to “eligible” employees for certain family and medical reasons. A leave granted under the provisions of this section is in conjunction with any other paid or unpaid leaves already provided to members under other applicable sections of this agreement. The Board will continue to observe any leave provisions of benefit programs that provide greater leave rights than the rights established by the FMLA. The Board shall continue health, dental and vision benefits during this leave. The employee is responsible for completing the Department of Labor application and submitting that application to the HR/Benefits Coordinator.six

Appears in 1 contract

Samples: Master Agreement

Unpaid Leave of Absence. A. General ‌ Section 1. The following leaves of absence for reasonable periods not to exceed one (1) year, upon written request without pay shall be submitted to the Superintendent or his/her designeeBoard for formal approval, may which shall be granted under the following condition: X. Xx unpaid leave of absence of up to two (2) years shall be granted to employees a professional staff member for good cause; purposes of serving in an Association office provided there shall be a limit of one such leave may at any time and such leave shall coincide with the beginning and termination of the school term. B. An unpaid leave of absence for other reasonable purposes shall be canceled if granted. Such leaves shall commence at the employee is employed during beginning of the leaveschool term or the second semester. General Professional staff employees shall return to work following such leaves, excluding disability leaves, at the beginning of the school term or the second semester. C. All unpaid leaves of absence may shall be extended granted upon ninety (90) days advance notice, where possible, to the Board and for a period not limited time of one year except as noted in paragraph one above. During such leaves of absence all benefits are suspended. D. All benefits including such benefits accrued during such leave pursuant to exceed one (1) year at the discretion School Code to which a professional staff member was entitled as of the Superintendent or his/her designee. (The Association President shall be notified, point in writing, when an employee has been granted a leave of absence.) B. An employee granted a time that the leave of absence by the Employer of commenced shall be restored upon return to employment. Professional staff employees who work more than six (6) months may be given a position upon his/her return provided there is an opening in his/her job classification and job assignment (the position held immediately prior to the granted leave), and he/she has given proper notice. An employee on a leave of absence equal to or less than sixty (60) working days shall be credited with an increment. Section 2. Professional staff employees shall be entitled to a disability leave of absence, without pay, in accordance with the following provisions: A. A professional staff member will submit a medical statement from his or her doctor stating that the professional staff member is unable to perform normal duties because of illness or injury. The medical statement will estimate when the professional staff member will be returned able to her/his regular position if it is available. If resume normal duties. B. The maximum period of a disability leave shall not availableexceed one full school year (four quarters) beyond the school year in which said leave of absence occurs. C. Return to work following such a leave shall be at the end of the disability period, start of the school term, the employee will be returned to start of the second semester, or at the beginning of a comparable positionmarking period. However, no employee will this requirement can be laid off, or have their hours reduced to return an employee on leave of absence in excess of sixty (60) working days. C. An employee on a leave greater than three (3) months is required to notify the Department of Human Resources, in writing, at least fifteen (15) days preceding the expiration date of a leave indicating his/her desire to return, request an extension, or resign. An employee on a leave of absence of three (3) months or less will be required to submit only a seven (7) work day written notice. An employee must make application for reinstatement within the time limit specified and if the employee does not provide such notice, he/she shall be deemed to have terminated his/her employment with the Rochester Community Schools unless an exception to this rule has been made waived by the Superintendent/designee. D. Re-employment of an employee on a leave of absence of more than six (6) months will be conditioned by the availability of a vacancy existing within the employee's job classification and assignment as indicated Board at the time the leave was grantedits discretion. The employer's obligation to re-employ an employee shall end six (6) months after termination of the leave. E. The notice of intention to return to duty after medical leave shall be accompanied by a written statement A professional staff member returning from a physician. F. Employees granted such a leave of absence shall maintain their accumulative sick leave bank remaining at the time the leave was granted less any deductions for days used. All benefits (sick leave, approve leave, medical, dental, vision, life) cease submit a certificate from his or her doctor indicating ability to accumulate during the unpaid leave except seniority for those on an approved medical leave of absence. Medical, dental, vision and life insurance will continue in accordance with the Family Medical Leave Act (FMLA), although the employee must pay their contribution toward the cost as provided in Article 15, Benefit Protectionresume all normal duties. X. Leave of absence may be granted for the following good causes by way of illustration but not limited to: ❑ education ❑ medical ❑ military ❑ Association business H. Eligibility for any leave of absence requires a minimum of six (6) months continuous employment by the School District immediately prior to such leave of absence. To be eligible for Family Medical Leave, the employee must have been employed for 12 months prior to the leave of absence and worked a minimum of 1250 hours during that 12 month period. I. No accrual of seniority shall be granted during leave of absence except for medical, or military leaves of absence. X. While an employee is on a leave of absence for less than six (6) months, temporary employees may be hired. Such temporary employees shall not accumulate seniority and may be terminated upon expiration and return of the employee from his/her leave of absence. K. Members of the Association elected to local Association positions or selected by the Association to do work which takes them from their employment with the Board shall be granted a temporary leave of absence for a period up to but not to exceed one (1) year or the term of office whichever may be shorter, provided a written request from the Association and the employee is received by the Board. The total number of persons allowed this type of leave shall not exceed one (1) person within any fiscal year. L. The Employer cannot guarantee the return of any employee to a specific building or special assignment at the conclusion of the period of absence. The employer will make every effort to return an employee who has been on leave of absence to the same or comparable job that he/she held before the leave. M. At the expiration of a leave, and as stated in the sections above, if an employee does not return and no extension is granted, his/her removal and termination of employment with Rochester Community Schools becomes automatic. N. Temporary vacancies of sixty (60) days or more in Instructional/Special Education classifications will be filled in accordance with the provisions of the Vacancies, Promotions and Transfers Article of this Agreement. O. The rights provided in this Article are in coordination with the rights provided under the Family Medical Leave Act (FMLA). The Family Medical Leave Act of 1993 (FMLA) provides up to twelve (12) weeks of job-protected leave to “eligible” employees for certain family and medical reasons. A leave granted under the provisions of this section is in conjunction with any other paid or unpaid leaves already provided to members under other applicable sections of this agreement. The Board will continue to observe any leave provisions of benefit programs that provide greater leave rights than the rights established by the FMLA. The Board shall continue health, dental and vision benefits during this leave. The employee is responsible for completing the Department of Labor application and submitting that application to the HR/Benefits Coordinator.

Appears in 1 contract

Samples: Professional Staff Contract

Unpaid Leave of Absence. A. General leaves 8.5.1 Leaves of absence without pay for reasonable periods not to exceed one (1) yearstudy, upon written request to the Superintendent or his/her designee, child care and extended illness may be granted to no probationary, noncertified employees for good cause; who have rendered satisfactory service to the District. Any employee granted such leave may shall be canceled if returned to employment in a similar capacity at the termination of such leave provided the employee is employed during the leave. General follows item C. A. Written requests for leaves of absence without pay should be made at least ninety (90) days before the leave is desired, subject to approval by the Board. In the case of an emergency, the ninety (90) days advance notice may be extended for a period waived by the Board of Education. B. Dates of departure and return must be acceptable to the administration and determined prior to initiating the request. C. Leaves of less than two (2) calendar weeks, if acceptable and approved by the Superintendent, will not to exceed one require Board approval, nor do ninety (190) year days advance notice. The Superintendent may approve such requests but the Superintendent's rejection or approval of such leave requests shall be at the discretion of Superintendent's sole and exclusive discretion. D. The employee shall inform the Superintendent or of his/her designeeintent to return to a similar position the following school year not later than February 1. If the employee fails to inform the Superintendent prior to February 1, the employee waives his/her right to future employment in the District. E. Employees taking an unpaid leave of ninety (90) days or more shall not receive experience credit for the year they are on leave. The Association President granting of an unpaid leave will not interrupt seniority. However, seniority shall be notified, in writing, when not accrue while on an employee has been granted a unpaid leave of absence.) B. An F. During the unpaid leave, the employee granted a leave of absence by may purchase hospitalization and major medical insurance at the Employer of more than six (6) months may be given a position upon District group rate provided the carrier determines the employee is eligible to maintain his/her return provided there is an opening membership in his/her job classification and job assignment (the position held immediately prior to District's insurance program. The employee shall be responsible for the granted leave), and he/she has given proper noticefull amount of each monthly premium. An employee on a leave of absence equal to or less than sixty (60) working days will Said payments shall be returned to her/his regular position if it is available. If not available, the employee will be returned to a comparable position. However, no employee will be laid off, or have their hours reduced to return an employee on leave of absence in excess of sixty (60) working days. C. An employee on a leave greater than three (3) months is required to notify the Department of Human Resources, in writing, at least made fifteen (15) days preceding the expiration date of a leave indicating his/her desire to return, request an extension, or resign. An employee on a leave of absence of three (3) months or less will be required to submit only a seven (7) work day written notice. An employee must make application for reinstatement within the time limit specified and if the employee does not provide such notice, he/she shall be deemed to have terminated his/her employment with the Rochester Community Schools unless an exception to this rule has been made by the Superintendent/designee. D. Re-employment of an employee on a leave of absence of more than six (6) months will be conditioned by the availability of a vacancy existing within the employee's job classification and assignment as indicated at the time the leave was granted. The employer's obligation to re-employ an employee shall end six (6) months after termination of the leave. E. The notice of intention to return to duty after medical leave shall be accompanied by a written statement from a physician. F. Employees granted a leave of absence shall maintain their accumulative sick leave bank remaining at the time the leave was granted less any deductions for days used. All benefits (sick leave, approve leave, medical, dental, vision, life) cease to accumulate during the unpaid leave except seniority for those on an approved medical leave of absence. Medical, dental, vision and life insurance will continue in accordance with the Family Medical Leave Act (FMLA), although the employee must pay their contribution toward the cost as provided in Article 15, Benefit Protection. X. Leave of absence may be granted for the following good causes by way of illustration but not limited to: ❑ education ❑ medical ❑ military ❑ Association business H. Eligibility for any leave of absence requires a minimum of six (6) months continuous employment by the School District immediately prior to such leave of absence. To be eligible for Family Medical Leave, the employee must have been employed for 12 months prior to the leave of absence and worked a minimum of 1250 hours during that 12 month period. I. No accrual of seniority shall be granted during leave of absence except for medical, or military leaves of absence. X. While an employee is on a leave of absence for less than six (6) months, temporary employees may be hired. Such temporary employees shall not accumulate seniority and may be terminated upon expiration and return of the employee from his/her leave of absence. K. Members of the Association elected to local Association positions or selected by the Association to do work which takes them from their employment with the Board shall be granted a temporary leave of absence for a period up to but not to exceed one (1) year or the term of office whichever may be shorter, provided a written request from the Association and the employee is received by the Board. The total number of persons allowed this type of leave shall not exceed one (1) person within any fiscal year. L. The Employer cannot guarantee the return of any employee to a specific building or special assignment at the conclusion of the period of absence. The employer will make every effort to return an employee who has been on leave of absence District's premium due day to the same or comparable job that he/she held before the leaveUnit District Secretary. M. At the expiration of a leave, and as stated in the sections above, if an employee does not return and no extension is granted, his/her removal and termination of employment with Rochester Community Schools becomes automatic. N. Temporary vacancies of sixty (60) days or more in Instructional/Special Education classifications will be filled in accordance with the provisions of the Vacancies, Promotions and Transfers Article of this Agreement. O. The rights provided in this Article are in coordination with the rights provided under the Family Medical Leave Act (FMLA). The Family Medical Leave Act of 1993 (FMLA) provides up to twelve (12) weeks of job-protected leave to “eligible” employees for certain family and medical reasons. A leave granted under the provisions of this section is in conjunction with any other paid or unpaid leaves already provided to members under other applicable sections of this agreement. The Board will continue to observe any leave provisions of benefit programs that provide greater leave rights than the rights established by the FMLA. The Board shall continue health, dental and vision benefits during this leave. The employee is responsible for completing the Department of Labor application and submitting that application to the HR/Benefits Coordinator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

AutoNDA by SimpleDocs

Unpaid Leave of Absence. A. General ‌ Section 1. The following leaves of absence for reasonable periods not to exceed one (1) year, upon written request without pay shall be submitted to the Superintendent or his/her designeeBoard for formal approval, may which shall be granted under the following condition: A. An unpaid leave of absence of up to two (2) years shall be granted to employees a professional staff member for good cause; purposes of serving in an Association office provided there shall be a limit of one such leave may at any time and such leave shall coincide with the beginning and termination of the school term. B. An unpaid leave of absence for other reasonable purposes shall be canceled if granted. Such leaves shall commence at the employee is employed during beginning of the leaveschool term or the second semester. General Professional staff employees shall return to work following such leaves, excluding disability leaves, at the beginning of the school term or the second semester. C. All unpaid leaves of absence may shall be extended granted upon ninety (90) days advance notice, where possible, to the Board and for a period not limited time of one year except as noted in paragraph one above. During such leaves of absence all benefits are suspended. D. All benefits including such benefits accrued during such leave pursuant to exceed one (1) year at the discretion School Code to which a professional staff member was entitled as of the Superintendent or his/her designee. (The Association President shall be notified, point in writing, when an employee has been granted a leave of absence.) B. An employee granted a time that the leave of absence by the Employer of commenced shall be restored upon return to employment. Professional staff employees who work more than six (6) months may be given a position upon his/her return provided there is an opening in his/her job classification and job assignment (the position held immediately prior to the granted leave), and he/she has given proper notice. An employee on a leave of absence equal to or less than sixty (60) working days shall be credited with an increment. Section 2. Professional staff employees shall be entitled to a disability leave of absence, without pay, in accordance with the following provisions: A. A professional staff member will submit a medical statement from his or her doctor stating that the professional staff member is unable to perform normal duties because of illness or injury. The medical statement will estimate when the professional staff member will be returned able to her/his regular position if it is available. If resume normal duties. B. The maximum period of a disability leave shall not availableexceed one full school year (four quarters) beyond the school year in which said leave of absence occurs. C. Return to work following such a leave shall be at the end of the disability period, start of the school term, the employee will be returned to start of the second semester, or at the beginning of a comparable positionmarking period. However, no employee will this requirement can be laid off, or have their hours reduced to return an employee on leave of absence in excess of sixty (60) working days. C. An employee on a leave greater than three (3) months is required to notify the Department of Human Resources, in writing, at least fifteen (15) days preceding the expiration date of a leave indicating his/her desire to return, request an extension, or resign. An employee on a leave of absence of three (3) months or less will be required to submit only a seven (7) work day written notice. An employee must make application for reinstatement within the time limit specified and if the employee does not provide such notice, he/she shall be deemed to have terminated his/her employment with the Rochester Community Schools unless an exception to this rule has been made waived by the Superintendent/designee. D. Re-employment of an employee on a leave of absence of more than six (6) months will be conditioned by the availability of a vacancy existing within the employee's job classification and assignment as indicated Board at the time the leave was grantedits discretion. The employer's obligation to re-employ an employee shall end six (6) months after termination of the leave. E. The notice of intention to return to duty after medical leave shall be accompanied by a written statement A professional staff member returning from a physician. F. Employees granted such a leave of absence shall maintain their accumulative sick leave bank remaining at the time the leave was granted less any deductions for days used. All benefits (sick leave, approve leave, medical, dental, vision, life) cease submit a certificate from his or her doctor indicating ability to accumulate during the unpaid leave except seniority for those on an approved medical leave of absence. Medical, dental, vision and life insurance will continue in accordance with the Family Medical Leave Act (FMLA), although the employee must pay their contribution toward the cost as provided in Article 15, Benefit Protectionresume all normal duties. X. Leave of absence may be granted for the following good causes by way of illustration but not limited to: ❑ education ❑ medical ❑ military ❑ Association business H. Eligibility for any leave of absence requires a minimum of six (6) months continuous employment by the School District immediately prior to such leave of absence. To be eligible for Family Medical Leave, the employee must have been employed for 12 months prior to the leave of absence and worked a minimum of 1250 hours during that 12 month period. I. No accrual of seniority shall be granted during leave of absence except for medical, or military leaves of absence. X. While an employee is on a leave of absence for less than six (6) months, temporary employees may be hired. Such temporary employees shall not accumulate seniority and may be terminated upon expiration and return of the employee from his/her leave of absence. K. Members of the Association elected to local Association positions or selected by the Association to do work which takes them from their employment with the Board shall be granted a temporary leave of absence for a period up to but not to exceed one (1) year or the term of office whichever may be shorter, provided a written request from the Association and the employee is received by the Board. The total number of persons allowed this type of leave shall not exceed one (1) person within any fiscal year. L. The Employer cannot guarantee the return of any employee to a specific building or special assignment at the conclusion of the period of absence. The employer will make every effort to return an employee who has been on leave of absence to the same or comparable job that he/she held before the leave. M. At the expiration of a leave, and as stated in the sections above, if an employee does not return and no extension is granted, his/her removal and termination of employment with Rochester Community Schools becomes automatic. N. Temporary vacancies of sixty (60) days or more in Instructional/Special Education classifications will be filled in accordance with the provisions of the Vacancies, Promotions and Transfers Article of this Agreement. O. The rights provided in this Article are in coordination with the rights provided under the Family Medical Leave Act (FMLA). The Family Medical Leave Act of 1993 (FMLA) provides up to twelve (12) weeks of job-protected leave to “eligible” employees for certain family and medical reasons. A leave granted under the provisions of this section is in conjunction with any other paid or unpaid leaves already provided to members under other applicable sections of this agreement. The Board will continue to observe any leave provisions of benefit programs that provide greater leave rights than the rights established by the FMLA. The Board shall continue health, dental and vision benefits during this leave. The employee is responsible for completing the Department of Labor application and submitting that application to the HR/Benefits Coordinator.

Appears in 1 contract

Samples: Professional Staff Contract

Unpaid Leave of Absence. A. General 13.1 The Employer may grant leaves of absence without pay to an employee who, for reasonable periods not to exceed one (1) yearcompelling reasons, upon written request requests an unpaid absence from work. Leave without pay shall be granted only at the Employer’s sole discretion, subject to the Superintendent Employer’s business and operational requirements, if the Employer determines that the employee has a valid reason for taking such leave and other Employer leave policies (e.g., family and medical leave, bereavement leave, jury duty, military service, etc.) either are not applicable or his/have been exhausted. An employee shall provide the Employer with as much notice of his or her designeedesire to take leave without pay as is practicable under the circumstances, may but in no event shall the employee provide less than fourteen (14) calendar days’ notice, except in exigent circumstances as determined by the Employer or in the case of bereavement as defined in Article 12 – Bereavement Pay. 13.2 Employees who have five (5) year of service or more shall be granted to employees for good cause; such an unpaid leave may be canceled if the employee is employed during the leave. General leaves of absence may be extended for a period not to exceed two (2) weeks which may be taken in conjunction with the employee’s vacation time at intervals of three (3) years. If a holiday should occur during the above vacation period, the employee shall receive a normal day’s pay for said holiday and if a holiday should occur during the period of unpaid leave the employee will not be eligible for said holiday. 13.3 The maximum amount of leave that may be granted under this unpaid leave of absence policy will be up to three (3) months in the Employer’s sole discretion, depending upon the Employer’s business and operational requirements. The Employer may also require reasonable documentation depending upon the reason for the leave. 13.4 To be eligible for an unpaid leave of absence, an employee must have at least one (1) year at of continuous service prior to the discretion effective date of the Superintendent or his/her designee. (The Association President shall be notified, in writing, when an employee has been granted a leave of absence.) B. An employee granted a leave . For determining length of service with the Employer, time spent on authorized unpaid leaves of absence by (including, in the aggregate, leave granted under this policy and leave granted under other Employer leave policies) will be counted as continuous service; however where an employee’s total period of more than leave exceeds six (6) months may be given a position upon his/her return provided there is an opening in his/her job classification and job assignment any consecutive twelve (the position held immediately prior to the granted leave)12) month period, and he/she has given proper notice. An employee on a such leave of absence equal to or less than sixty (60) working days will be returned to her/his regular position if it is available. If not available, the employee will be returned to a comparable position. However, no employee will be laid off, or have their hours reduced to return an employee on leave of absence in excess of sixty (60) working days. C. An employee on a leave greater than three (3) months is required to notify the Department of Human Resources, in writing, at least fifteen (15) days preceding the expiration date of a leave indicating his/her desire to return, request an extension, or resign. An employee on a leave of absence of three (3) months or less will be required to submit only a seven (7) work day written notice. An employee must make application for reinstatement within the time limit specified and if the employee does not provide such notice, he/she shall be deemed to have terminated his/her employment with the Rochester Community Schools unless an exception to this rule has been made by the Superintendent/designee. D. Re-employment of an employee on a leave of absence of more than six (6) months will be conditioned by the availability of a vacancy existing within the employee's job classification and assignment as indicated at the time the leave was granted. The employer's obligation to re-employ an employee shall end six (6) months after termination of the leave. E. The notice of intention to return to duty after medical leave shall be accompanied by a written statement from a physician. F. Employees granted a leave of absence shall maintain their accumulative sick leave bank remaining at the time the leave was granted less any deductions for days used. All benefits (sick leave, approve leave, medical, dental, vision, life) cease to accumulate during the unpaid leave except seniority for those on an approved medical leave of absence. Medical, dental, vision and life insurance will continue in accordance with the Family Medical Leave Act (FMLA), although the employee must pay their contribution toward the cost as provided in Article 15, Benefit Protection. X. Leave of absence may be granted for the following good causes by way of illustration but not limited to: ❑ education ❑ medical ❑ military ❑ Association business H. Eligibility for any leave of absence requires a minimum of six (6) months shall not be counted as continuous employment by service. 13.5 The Employer shall not be responsible for any applicable Health and Welfare contributions and/or payments during any leave of absence granted under this Article except as required under applicable law. 13.6 Any requests for leave granted under this Article must be in writing. If the School District immediately prior to such Employer grants a leave of absence. To be eligible for Family Medical Leave, the Employer shall reduce to writing the period of leave granted, including the beginning and end dates of the leave. The employee must have been employed report for 12 months prior work by the date specified as the end date of the leave and will return to the same position, provided that such position is available at the time the employee returns to work. If there has been a reduction in force during leave, availability of position shall be determined by seniority. If such position is not available, the Employer shall make a good faith effort to place the employee in an equivalent position, provided that such a position is available at the time the employee returns to work. 13.7 Subject to Paragraphs 13.1 through 13.5 of this Article, an employee may request an unpaid leave of absence and worked a minimum of 1250 hours during to work with the Union. Such leave shall not be unreasonably denied; provided that 12 month period. I. No accrual of seniority shall no more than one (1) employee per work site, per shift may be granted during leave of absence except for medical, or military leaves of absence. X. While on an employee is on a unpaid leave of absence for less than six (6) months, temporary employees may be hired. Such temporary employees shall not accumulate seniority and may be terminated upon expiration and return of the employee from his/her leave of absencethis purpose at any given time. K. Members of the Association elected to local Association positions or selected by the Association to do work which takes them from their employment with the Board shall be granted a temporary leave of absence for a period up to but not to exceed one (1) year or the term of office whichever may be shorter, provided a written request from the Association and the employee is received by the Board. The total number of persons allowed this type of leave shall not exceed one (1) person within any fiscal year. L. The Employer cannot guarantee the return of any employee to a specific building or special assignment at the conclusion of the period of absence. The employer will make every effort to return an employee who has been on leave of absence to the same or comparable job that he/she held before the leave. M. At the expiration of a leave, and as stated in the sections above, if an employee does not return and no extension is granted, his/her removal and termination of employment with Rochester Community Schools becomes automatic. N. Temporary vacancies of sixty (60) days or more in Instructional/Special Education classifications will be filled in accordance with the provisions of the Vacancies, Promotions and Transfers Article of this Agreement. O. The rights provided in this Article are in coordination with the rights provided under the Family Medical Leave Act (FMLA). The Family Medical Leave Act of 1993 (FMLA) provides up to twelve (12) weeks of job-protected leave to “eligible” employees for certain family and medical reasons. A leave granted under the provisions of this section is in conjunction with any other paid or unpaid leaves already provided to members under other applicable sections of this agreement. The Board will continue to observe any leave provisions of benefit programs that provide greater leave rights than the rights established by the FMLA. The Board shall continue health, dental and vision benefits during this leave. The employee is responsible for completing the Department of Labor application and submitting that application to the HR/Benefits Coordinator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Unpaid Leave of Absence. A. General leaves A leave of absence without pay for reasonable periods not to exceed one (1) year, upon written request to the Superintendent or his/her designee, any reason may be granted to employees for good cause; such leave may be canceled if a tenured teacher by the employee is employed during the leave. General leaves Board of absence may be extended Education for a period not to exceed one hundred eighty (1180) year at school days, upon the discretion recommendation of the Superintendent or his/her designeeSuperintendent. (The Association President shall be notified, in writing, when an employee has been granted a leave of absence.) B. An employee granted a leave of absence by the Employer of more than six (6) months may be given a position upon his/her return provided there is an opening in his/her job classification and job assignment (the position held immediately prior to the granted leave), and he/she has given proper notice. An employee on a leave of absence equal to or less than sixty (60) working days will be returned to her/his regular position if it is available. If not available, the employee will be returned to a comparable position. However, no employee will be laid off, or have their hours reduced to return an employee on leave of absence in excess of sixty (60) working days. C. An employee on a leave greater than three (3) months is required to notify the Department of Human Resources, in writing, at least fifteen (15) days preceding the expiration date of a leave indicating his/her desire to return, request an extension, or resign. An employee on a leave of absence of three (3) months or less will be required to submit only a seven (7) work day written notice. An employee must make application for reinstatement within the time limit specified and if the employee does not provide such notice, he/she shall be deemed to have terminated his/her employment with the Rochester Community Schools unless an exception to this rule has been made by the Superintendent/designee. D. Re-employment of an employee on a leave of absence of more than six (6) months will be conditioned by the availability of a vacancy existing within the employee's job classification and assignment as indicated at the time the leave was granted. The employer's obligation to re-employ an employee shall end six (6) months after termination of the leave. E. The notice of intention to return to duty after medical leave shall be accompanied by a written statement from a physician. F. Employees granted A teacher desiring a leave of absence shall maintain their accumulative sick notify the Superintendent, in writing, to take such leave bank remaining at least thirty (30) days prior to the time date which the leave was is requested to begin. The Superintendent and teacher shall mutually agree upon the date on which the teacher is to return to work. The granting of leaves of absence is a separate matter for each teacher and is based upon individual facts of each case. The fact that a leave is granted less any deductions to one teacher shall not be a precedent for days usedgranting of a leave to another teacher. All benefits (sick leave, approve leave, medical, dental, vision, life) cease to accumulate during the unpaid leave except seniority for those A teacher on an approved medical leave of absence. Medical, dental, vision and life insurance will continue in accordance with except for leaves eligible for the Family Medical Leave Act (FMLA), although may keep his or her health insurance in effect by paying the employee must pay their contribution toward the cost as provided in Article 15, Benefit Protection. X. Leave full premium. All leaves of absence shall be granted with full understanding that the teacher may be granted assigned to any position for which he or she is qualified upon completion of the leave. Every consideration shall be given to returning the teacher to his/her former position. Teachers on leave shall be subject to the same reduction in force displacements as any other tenured teacher. A teacher on leave must notify the District in writing of his/her return by March 15th of the year the teacher is on leave. Failure to notify the District in writing by March 15th shall be grounds for the following good causes by way Board to consider that lack of illustration but not limited to: ❑ education ❑ medical ❑ military ❑ Association business H. Eligibility for any notification a resignation and shall be reported as such at a Board Meeting. Absence of such a letter automatically terminates the teacher's employment and tenure rights. Acceptance of full time employment elsewhere during the term of a leave of absence requires a minimum of six (6) months continuous automatically cancels the leave and terminates employment unless such employment is mutually agreed upon by the School District immediately prior to such leave Board of absenceEducation and the teacher. To be eligible for Family Medical Leave, the employee must have been employed for 12 months prior to the leave of absence and worked a minimum of 1250 hours during that 12 month period. I. No accrual of seniority shall be granted during leave of absence except for medical, or military leaves of absence. X. While an employee A teacher who is on a leave of absence for less than six one hundred twenty (6120) months, temporary employees may be hiredschool days does not advance on the salary schedule for that year and does not acquire a year of service or seniority for that year. Such temporary employees shall not accumulate seniority and may be terminated upon expiration and return of the employee from his/her leave of absence. K. Members of the Association elected to local Association positions or selected by the Association to do work which takes them from their employment with the Board shall be granted a temporary leave of absence for a period up to but not to exceed one (1) year or the term of office whichever may be shorter, provided a written request from the Association and the employee is received by the Board. The total number of persons allowed this type of leave shall not exceed one (1) person within any fiscal year. L. The Employer cannot guarantee the return of any employee to a specific building or special assignment at the conclusion of the period of absence. The employer will make every effort to return an employee who has been A teacher on leave of absence retains any unused accumulated sick leave usable upon return to regular employment but does not earn additional sick leave until the same or comparable job teacher returns to full time active service. A teacher absence that he/she held before the leave. M. At the expiration is not part of a leave, leave of absence and as stated in the sections above, if an employee does not return and no extension is grantedqualify as a sick, his/her removal and termination bereavement or personal day, or exceeds the number of employment with Rochester Community Schools becomes automatic. N. Temporary vacancies of sixty (60) days available sick, bereavement or more in Instructional/Special Education classifications personal days, will be filled in accordance with the provisions of the Vacancies, Promotions and Transfers Article of this Agreement. O. The rights provided in this Article are in coordination with the rights provided under the Family Medical Leave Act (FMLA)considered a dock day. The Family Medical Leave Act of 1993 teacher will have the pay (FMLAsalary/180) provides up to twelve (12) weeks of job-protected leave to “eligible” employees for certain family and medical reasons. A leave granted under the provisions of this section is in conjunction with any other paid or unpaid leaves already provided to members under other applicable sections of this agreement. The Board will continue to observe any leave provisions of benefit programs that provide greater leave rights than dock day deducted from the rights established by the FMLA. The Board shall continue health, dental and vision benefits during this leave. The employee is responsible for completing the Department of Labor application and submitting that application to the HR/Benefits Coordinatornext payroll check.

Appears in 1 contract

Samples: Negotiations Agreement

Unpaid Leave of Absence. A. General leaves An employee’s request for any unpaid leave of absence for reasonable periods not to exceed one (1) year, upon written request shall be submitted to the Superintendent or hisHuman Resources/her designeeRisk and Safety Manager. In consultation with Human Resources/Risk and Safety Manager, department managers may be granted to employees for good cause; such grant an employee a leave may be canceled if the employee is employed during the leave. General leaves of absence may be extended without pay for a period not to exceed one two (12) year at weeks. B. In consultation with Human Resources/Risk and Safety Manager, the discretion of the Superintendent or his/her designee. (The Association President shall be notified, in writing, when General Manager may grant an employee has been granted a leave of absence.) B. An employee granted a leave of absence by the Employer of more than without pay or seniority for a period not to exceed six (6) months months. After six (6) months, the leave of absence may be given a position extended if authorized by the Board of Directors. No such leave shall be granted except upon his/her return provided there is an opening written request of the employee, setting forth the reason for the request. Approval, if granted, shall be in his/her job classification and job assignment (writing from the position held immediately prior to the granted leave)General Manager, or designated representative(s) thereof, and he/she has given proper noticesuch approval shall be entirely at their discretion. C. Except as provided by law, the District shall not be required to make contributions toward insurance or retirement coverage. An employee on a an unpaid leave of absence equal for more than thirty (30) continuous calendar days shall submit to or less than sixty (60) working days will be returned to her/his regular position if it is availablethe District any and all actual premiums for any and all insurance coverage. If the employee chooses not availableto submit any or all of these premiums, their coverage shall be terminated within the limits prescribed by the benefit carriers and shall be reinstated within the limits prescribed by the benefit carrier at the time of their reinstatement by the District. D. Upon expiration of an approved unpaid leave of absence or within twenty- four (24) hours’ notice to return to duty, the employee will be returned to a comparable position. However, no employee will be laid off, or have their hours reduced to return an employee on leave of absence in excess of sixty (60) working days. C. An employee on a leave greater than three (3) months is required to notify the Department of Human Resources, in writing, at least fifteen (15) days preceding the expiration date of a leave indicating his/her desire to return, request an extension, or resign. An employee on a leave of absence of three (3) months or less will be required to submit only a seven (7) work day written notice. An employee must make application for reinstatement within the time limit specified and if the employee does not provide such notice, he/she shall be deemed to have terminated his/her employment with reinstated in the Rochester Community Schools unless an exception to this rule has been made by the Superintendent/designee. D. Re-employment of an employee on a leave of absence of more than six (6) months will be conditioned by the availability of a vacancy existing within the employee's job classification and assignment as indicated position held at the time the leave was granted. The employer's obligation to re-employ Failure on the part of an employee shall end six (6) months after termination to report to work promptly at the expiration of the leaveapproved leave period may subject the employee to disciplinary action up to and including termination. The depositing in the United States mail of a first-class postage-paid letter addressed to the employee’s last known place of residence shall be reasonable notice. E. The notice of intention to return to duty after medical leave shall be accompanied Except as provided by a written statement from a physician. F. Employees granted a law, an employee on an unpaid leave of absence exceeding thirty (30) continuous calendar days shall maintain their accumulative sick leave bank remaining at the time the leave was granted less any deductions for days used. All benefits (sick leave, approve leave, medical, dental, vision, life) cease to accumulate during the unpaid leave except seniority for those on an approved medical leave of absence. Medical, dental, vision and life insurance will continue in accordance with the Family Medical Leave Act (FMLA), although the employee must pay their contribution toward the cost as provided in Article 15, Benefit Protection. X. Leave of absence may be granted for the following good causes by way of illustration but not limited to: ❑ education ❑ medical ❑ military ❑ Association business H. Eligibility for any leave of absence requires a minimum of six (6) months continuous employment by the School District immediately prior to such leave of absence. To be eligible for Family Medical Leave, the employee must have been employed for 12 months prior to the leave of absence and worked a minimum of 1250 hours during that 12 month period. I. No accrual of seniority shall be granted during leave of absence except for medical, or military leaves of absence. X. While an employee is on a leave of absence for less than six (6) months, temporary employees may be hired. Such temporary employees shall not accumulate seniority and may be terminated upon expiration and return of the employee from his/her leave of absence. K. Members of the Association elected to local Association positions or selected seniority extended by the Association to do work which takes them from their employment with the Board shall be granted a temporary leave of absence for a period up to but not to exceed one (1) year or the term of office whichever may be shorter, provided a written request from the Association and the employee is received by the Board. The total number of persons allowed this type of leave shall not exceed one (1) person within any fiscal year. L. The Employer cannot guarantee the return of any employee to a specific building or special assignment at the conclusion of the period of absence. The employer will make every effort to return an employee who has been calendar days they were on leave of absence to the same or comparable job that he/she held before the leave. M. At the expiration of a leave, and as stated in the sections above, if an employee does not return and no extension is granted, his/her removal and termination of employment with Rochester Community Schools becomes automatic. N. Temporary vacancies of sixty (60) days or more in Instructional/Special Education classifications will be filled in accordance with the provisions of the Vacancies, Promotions and Transfers Article of this Agreement. O. The rights provided in this Article are in coordination with the rights provided under the Family Medical Leave Act (FMLA). The Family Medical Leave Act of 1993 (FMLA) provides up to twelve (12) weeks of job-protected leave to “eligible” employees for certain family and medical reasons. A leave granted under the provisions of this section is in conjunction with any other paid or unpaid leaves already provided to members under other applicable sections of this agreement. The Board will continue to observe any leave provisions of benefit programs that provide greater leave rights than the rights established by the FMLA. The Board shall continue health, dental and vision benefits during this leave. The employee is responsible for completing the Department of Labor application and submitting that application to the HR/Benefits Coordinator.

Appears in 1 contract

Samples: Memorandum of Understanding

Unpaid Leave of Absence. A. General leaves 24.1 Leaves of absence for reasonable periods not to exceed one (1) yearyear maybe granted, upon written request to the Superintendent in writing for: a. Serving in any elected or his/her designeeappointed position, may be granted to employees for good cause; such public or union. b. Child care leave may be canceled if where the employee is employed during the parent primarily charged with the care, welfare and upbringing of a child. c. Illness leave (physical or mental), prenatal. d. Prolonged illness in immediate family. e. Educational leave. General leaves of absence may be extended for a period not to exceed one (1) year . f. Any other reason at the sole discretion of the Superintendent or his/her designee. (The Association President shall be notified, in writing, when an employee has been granted a leave of absenceSuperintendent.) B. 24.2 An employee granted a shall not accrue seniority while on an unpaid leave of absence by the Employer of more than six (6) months may be given a position upon his/her return provided there is an opening in his/her job classification and job assignment (the position held immediately prior to the granted leave), and he/she has given proper notice. An employee on a leave of absence equal to or less than sixty (60) working days will be returned to her/his regular position if it is available. If not available, the employee will be returned to a comparable position. However, no employee will be laid off, or have their hours reduced to return an employee on leave of absence in excess of sixty (60) working days. C. An employee on a leave greater than three (3) months is required to notify the Department of Human Resources, in writing, at least fifteen (15) days preceding the expiration date of a leave indicating his/her desire to return, request an extension, or resign. An employee on a leave of absence of three (3) months or less will be required to submit only a seven (7) work day written notice. An employee must make application for reinstatement within the time limit specified and if the employee does not provide such notice, he/she shall be deemed to have terminated his/her employment with the Rochester Community Schools unless an exception to this rule has been made by the Superintendent/designee. D. Re-employment of except an employee on a leave of absence of more than six (6) months will be conditioned by the availability of a vacancy existing within the employee's job classification and assignment as indicated at the time the leave was granted. The employer's obligation for paragraph c or d above may accrue seniority up to re-employ an employee shall end six (6) months after termination of the leave. E. The notice of intention to return to duty after medical leave shall be accompanied by a written statement from a physician. F. Employees granted a leave of absence shall maintain their accumulative sick leave bank remaining at the time the leave was granted less any deductions for days used. All benefits (sick leave, approve leave, medical, dental, vision, life) cease to accumulate during the unpaid leave except seniority for those on an approved medical leave of absence. Medical, dental, vision and life insurance will continue in accordance with the Family Medical Leave Act (FMLA), although the employee must pay their contribution toward the cost as provided in Article 15, Benefit Protection. X. Leave of absence may be granted for the following good causes by way of illustration but not limited to: ❑ education ❑ medical ❑ military ❑ Association business H. Eligibility for any leave of absence requires a minimum of six (6) months continuous employment by the School District immediately prior to such leave of absence. To be eligible for Family Medical Leave, the employee must have been employed for 12 months prior to the leave of absence and worked a minimum of 1250 hours during that 12 month period. I. No accrual of seniority shall be granted during leave of absence except for medical, or military leaves of absence. X. While an employee is on a leave of absence for less than six (6) months, temporary employees may thereafter, seniority will be hiredfrozen. Such temporary employees shall not accumulate seniority and may be terminated upon expiration and Upon return from a leave of absence, the employee from shall be returned to his/her leave of absence. K. Members of the Association elected to local Association positions former position if open or selected by the Association to do work which takes them from their employment with the Board shall be granted a temporary leave of absence for a period up to but not to exceed one (1) year or the term of office whichever may be shorter, provided a written request from the Association and similar position unless the employee is received by the Board. The total number of persons allowed this type of leave shall not exceed one (1) person within any fiscal year. L. The Employer cannot guarantee the return of any employee would otherwise be subject to a specific building or special assignment at the conclusion of the period of absence. The employer will make every effort to return an employee who has been on leave of absence to the same or comparable job that layoff had he/she held before remained:~ employed by the leave. M. At District. While on unpaid leave other benefits will not be paid nor shall any accrue, however, those previously earned (i.e., sick days) shall be restored to the expiration of a leave, and as stated in the sections above, if an employee does not return and no extension is granted, upon reemployment. Any employee on unpaid leave shall have any benefit which may be continued at his/her removal request paid for in advance by depositing the appropriate fees with the business office. If an employee is working part of the month, the prorated difference between the employer and termination of employment with Rochester Community Schools becomes automaticemployee contribution shall be by payroll deduction, unless other arrangements are previously made. N. Temporary vacancies 24.3 Short term unpaid leave days (if requested by the employee and which may be approved at the discretion of sixty the Employer) of less than ten (6010) days or more in Instructional/Special Education classifications will anyone school year shall not be filled in accordance covered by this section of contract. 24.4 The District agrees that it shall conform with the provisions applicable State and Federal statutes governing the reemployment rights of employees called into the active service of any branch of the Vacancies, Promotions and Transfers Article Armed Forces of this Agreementthe united States. O. The rights provided in this Article are in coordination with the rights provided under the Family Medical Leave Act (FMLA). The Family Medical Leave Act of 1993 (FMLA) provides up to twelve (12) weeks of job-protected leave to “eligible” employees for certain family and medical reasons. A leave granted under the provisions of this section is in conjunction with any other paid or unpaid leaves already provided to members under other applicable sections of this agreement. The Board will continue to observe any leave provisions of benefit programs that provide greater leave rights than the rights established by the FMLA. The Board shall continue health, dental and vision benefits during this leave. The employee is responsible for completing the Department of Labor application and submitting that application to the HR/Benefits Coordinator.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!