Common use of Unrequested Leave Clause in Contracts

Unrequested Leave. Section 1. The School Board may place on unrequested leave of absence, without pay or fringe benefits, as many teachers as may be necessary because of discontinuance of position, lack of pupils, financial limitations, or merger of classes caused by consolidation of Districts. The unrequested leave shall be effective at the close of the school year. In placing teachers on unrequested leave, the Board shall be governed by the following provisions: Subd. 1. The Board may place probationary teachers on unrequested leave first in the inverse order of their employment. No teacher who has acquired continuing contract rights shall be placed on unrequested leave of absence while probationary teachers are retained in positions for which the teacher who has acquired continuing contract rights is licensed; Subd. 2. Teachers who have acquired continuing contract rights shall be placed on unrequested leave of absence in fields in which they are licensed in the inverse order in which they were employed by the School District. In the case of merger of classes caused by consolidation of Districts or in the case of equal seniority, the order in which teachers who have acquired continuing contract rights shall be placed on unrequested leave of absence in fields in which they are licensed shall be negotiable; Subd. 3. Notwithstanding Subdivision 1 and 2, if either the placing of a probationary teacher on unrequested leave before a teacher who has acquired continuing rights or the placing of a teacher who has acquired continuing contract rights on unrequested leave before another teacher who has acquired continuing contract rights but who has greater seniority would place the District in violation of its affirmative action program, the District may retain the probationary teacher or the teacher with the lesser seniority; Subd. 4. Teachers placed on unrequested leave of absence shall be reinstated to the positions from which they have been given leaves of absence or, if not available, to other available positions in the School District in fields in which they are licensed. Reinstatement shall be in the inverse order of placement on leave of absence. The order of reinstatement of teachers who have equal seniority and who are placed on unrequested leave in the same school year shall be negotiable; Subd. 5. Part-time teachers have seniority rights to the limit of their assignment. The District shall not be required to create part-time positions from existing full-time positions. However, if there is only a full-time position available when the part-time teacher is eligible for placement and the part-time teacher is licensed for that position, the full-time position shall be offered to the part-time teacher. This right to a full-time position is open only to part-time teachers on contract and does not apply to hourly rate teachers as defined in Article X, Section 7 of this contract. Hourly rate teachers shall be on the seniority list and be entitled to an hourly assignment equal to their maximum level of employment in the District pursuant to agreed-upon guidelines. If a part-time contract position becomes available for which the hourly rate employee is licensed and makes application, the employee shall be considered for the part-time position. Subd. 6. No appointment of a new teacher shall be made while there is available, on unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the teacher fails to advise the School Board within 15 days of the date of notification that a position is available to the teacher, that he/she may return to employment and that he/she will assume the duties of the position to which appointed on a future date determined by the Board; Subd. 7. A teacher placed on unrequested leave of absence may engage in teaching or any other occupation during the period of this leave; Subd. 8. The unrequested leave of absence shall not impair the continuing contract rights of a teacher or result in a loss of credit for previous years of service; Subd. 9. The unrequested leave of absence of a teacher who is not reinstated shall continue for a period of five years after which the right to reinstatement shall terminate; Subd. 10. The same provisions applicable to terminations of probationary or continuing contracts in Minn. Stat. § 122A.40 Subdivisions 5 and 7 shall apply to placement on unrequested leave of absence; Subd. 11. Nothing in this subdivision shall be construed to impair the rights of teachers placed on unrequested leave of absence to receive unemployment compensation if otherwise eligible. Any teachers on leaves of absence whose position on the seniority list will necessitate being placed on unrequested leave of absence will be notified by the Board. Section 2. Seniority lists shall be established by the following procedures: Subd. 1. Seniority in the District shall be computed on the basis of a teacher’s continuous employment from the first day of actual work with the District. Subd. 2. Teachers shall continue to accrue seniority while on Board approved leaves (with the exception of long-term disability after one year). Subd. 3. Only service during normal school day, as defined in the Working Agreement, will count toward seniority. Subd. 4. Teachers leaving the teachers’ bargaining unit, but remaining an employee of the District, shall retain but not accrue seniority as a teacher.

Unrequested Leave. Section 1. The School Board may place on unrequested leave of absence, without pay or fringe benefits, as many teachers as may be necessary because of discontinuance of position, lack of pupils, financial limitations, or merger of classes caused by consolidation of Districts. The unrequested leave shall be effective at the close of the school year. In placing teachers on unrequested leave, the Board shall be governed by the following provisions: Subd. 1. The Board may place probationary teachers on unrequested leave first in the inverse order of their employment. No teacher who has acquired continuing contract rights shall be placed on unrequested leave of absence while probationary teachers are retained in positions for which the teacher who has acquired continuing contract rights is licensed; Subd. 2. Teachers who have acquired continuing contract rights shall be placed on unrequested leave of absence in fields in which they are licensed within their licenses in the inverse order in which they were employed by the School District. In the case of merger of classes caused by consolidation of Districts or in the case of equal seniority, the order in which teachers who have acquired continuing contract rights shall be placed on unrequested leave of absence in fields in which they are licensed shall be negotiable; Subd. 3. Notwithstanding Subdivision 1 and 2, if either the placing of a probationary teacher on unrequested leave before a teacher who has acquired continuing rights or the placing of a teacher who has acquired continuing contract rights on unrequested leave before another teacher who has acquired continuing contract rights but who has greater seniority would place the District in violation of its affirmative action program, the District may retain the probationary teacher or the teacher with the lesser seniority; Subd. 4. Teachers placed on unrequested leave of absence shall be reinstated to the positions from which they have been given leaves of absence or, if not available, to other available positions in the School District in fields in which they are licensed. Reinstatement shall be in the inverse order of placement on leave of absence. The order of reinstatement of teachers who have equal seniority and who are placed on unrequested leave in the same school year shall be negotiable; Subd. 5. Part-time teachers have seniority rights to the limit of their assignmentcontract entitlement. The District shall not be required to create part-time positions from existing full-time positions. However, if there is only a full-time position available when the part-time teacher is eligible for placement and the part-time teacher is licensed for that position, the full-time position shall be offered to the part-time teacher. This right to a full-time position is open only to part-time teachers on contract and does not apply to hourly rate teachers as defined in Article X, Section 7 of this contract. Hourly rate teachers shall be on the seniority list and be entitled to an hourly assignment equal to their maximum level of employment in the District pursuant to agreed-upon guidelines. If a part-time contract position becomes available for which the hourly rate employee is licensed and makes application, the employee shall be considered for the part-time position. Subd. 6. No appointment of a new teacher shall be made while there is available, on unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the teacher fails to advise the School Board within 15 days of the date of notification that a position is available to the teacher, that he/she may return to employment and that he/she will assume the duties of the position to which appointed on a future date determined by the Board; Subd. 7. A teacher placed on unrequested leave of absence may engage in teaching or any other occupation during the period of this leave; Subd. 8. The unrequested leave of absence shall not impair the continuing contract rights of a teacher or result in a loss of credit for previous years of service; Subd. 9. The unrequested leave of absence of a teacher who is not reinstated shall continue for a period of five years after which the right to reinstatement shall terminate; Subd. 10. The same provisions applicable to terminations of probationary or continuing contracts in Minn. Stat. § 122A.40 Subdivisions 5 and 7 shall apply to placement on unrequested leave of absence; Subd. 11. Nothing in this subdivision shall be construed to impair the rights of teachers placed on unrequested leave of absence to receive unemployment compensation if otherwise eligible. Any teachers on leaves of absence whose position on the seniority list will necessitate being placed on unrequested leave of absence will be notified by the Board. Section 2. Seniority lists shall be established by the following procedures: Subd. 1. Seniority in the District shall be computed on the basis of a teacher’s continuous employment from the first day of actual work with the District. Subd. 2. Teachers shall continue to accrue seniority while on Board approved leaves (with the exception of long-term disability after one year). Subd. 3. Only service during normal school day, as defined in the Working Agreement, will count toward seniority. Subd. 4. Teachers leaving the teachers’ bargaining unit, but remaining an employee of the District, shall retain but not accrue seniority as a teacher.

Unrequested Leave. Section 1. The School Board may place on unrequested leave of absence, without pay or fringe benefits, as many teachers as may be necessary because of discontinuance of position, lack of pupils, financial limitations, or merger of classes caused by consolidation consol- idation of Districts. The unrequested leave shall be effective at the close of the school year. In placing teachers on unrequested leave, the Board shall be governed by the following provisions: Subd. 1. The Board may place probationary teachers on unrequested leave first in the inverse order of their employment. No teacher who has acquired continuing contract rights shall be placed on unrequested leave of absence while probationary teachers are retained in positions for which the teacher who has acquired continuing contract rights is licensed; Subd. 2. Teachers who have acquired continuing contract rights shall be placed on unrequested leave of absence in fields in which they are licensed within their licenses in the inverse order in which they were employed by the School District. In the case of merger of classes caused by consolidation of Districts or in the case of equal seniority, the order in which teachers who have acquired continuing contract rights shall be placed on unrequested leave of absence in fields in which they are licensed shall be negotiable; Subd. 3. Notwithstanding Subdivision 1 and 2, if either the placing of a probationary teacher on unrequested leave before a teacher who has acquired continuing rights or the placing of a teacher who has acquired continuing contract rights on unrequested leave before another teacher who has acquired continuing contract rights but who has greater seniority would place the District in violation of its affirmative action program, the District may retain the probationary teacher or the teacher with the lesser seniority; Subd. 4. Teachers placed on unrequested leave of absence shall be reinstated to the positions from which they have been given leaves of absence or, if not available, to other available positions in the School District in fields in which they are licensed. Reinstatement shall be in the inverse order of placement on leave of absence. The order of reinstatement of teachers who have equal seniority and who are placed on unrequested leave in the same school year shall be negotiable; Subd. 5. Part-time teachers have seniority rights to the limit of their assignmentcontract entitlement. The District shall not be required to create part-time positions from existing full-time positions. However, if there is only a full-time position available when the part-time teacher is eligible for placement and the part-time teacher is licensed for that position, the full-time position shall be offered to the part-time teacher. This right to a full-time position is open only to part-time teachers on contract and does not apply to hourly rate teachers as defined in Article X, Section 7 of this contract. Hourly rate teachers shall be on the seniority list and be entitled to an hourly assignment equal to their maximum level of employment in the District pursuant to agreed-upon guidelines. If a part-time contract position becomes available for which the hourly rate employee is licensed and makes application, the employee shall be considered for the part-time position. Subd. 6. No appointment of a new teacher shall be made while there is available, on unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the teacher fails to advise the School Board within 15 days of the date of notification that a position is available to the teacher, that he/she may return to employment and that he/she will assume the duties of the position to which appointed on a future date determined by the Board; Subd. 7. A teacher placed on unrequested leave of absence may engage in teaching or any other occupation during the period of this leave; Subd. 8. The unrequested leave of absence shall not impair the continuing contract rights of a teacher or result in a loss of credit for previous years of service; Subd. 9. The unrequested leave of absence of a teacher who is not reinstated shall continue for a period of five years after which the right to reinstatement shall terminate; Subd. 10. The same provisions applicable to terminations of probationary or continuing contracts in Minn. Stat. § 122A.40 Subdivisions 5 and 7 shall apply to placement on unrequested leave of absence; Subd. 11. Nothing in this subdivision shall be construed to impair the rights of teachers placed on unrequested leave of absence to receive unemployment compensation if otherwise eligible. Any teachers on leaves of absence whose position on the seniority list will necessitate being placed on unrequested leave of absence will be notified by the Board. Section 2. Seniority lists shall be established by the following procedures: Subd. 1. Seniority in the District shall be computed on the basis of a teacher’s continuous employment from the first day of actual work with the District. Subd. 2. Teachers shall continue to accrue seniority while on Board approved leaves (with the exception of long-term disability after one year). Subd. 3. Only service during normal school day, as defined in the Working Agreement, will count toward seniority. Subd. 4. Teachers leaving the teachers’ bargaining unit, but remaining an employee of the District, shall retain but not accrue seniority as a teacher.

Unrequested Leave. Section 1. The School Board may place on unrequested leave of absence, without pay or fringe benefits, as many teachers as may be necessary because of discontinuance discontin- uance of position, lack of pupils, financial limitations, or merger of classes caused by consolidation of Districts. The unrequested leave shall be effective at the close of the school year. In placing teachers on unrequested leave, the Board shall be governed by the following provisions: Subd. 1. The Board may place probationary teachers on unrequested leave first in the inverse order of their employment. No teacher who has acquired continuing contract rights shall be placed on unrequested leave of absence while Tier 2 or probationary teachers are retained in positions for which the teacher who has acquired continuing contract rights is licensed; Subd. 2. Teachers who have acquired continuing contract rights shall be placed on unrequested leave of absence in fields in which they are licensed within their licenses in the inverse order in which they were employed by the School District. In the case of merger of classes caused by consolidation of Districts or in the case of equal seniority, the order in which teachers who have acquired continuing contract rights shall be placed on unrequested leave of absence in fields in which they are licensed shall be negotiable; Subd. 3. Notwithstanding Subdivision 1 and 2, if either the placing of a probationary teacher on unrequested leave before a teacher who has acquired continuing rights or the placing of a teacher who has acquired continuing contract rights on unrequested leave before another teacher who has acquired continuing contract rights but who has greater seniority would place the District in violation of its affirmative action program, the District may retain the probationary teacher or the teacher with the lesser seniority; Subd. 4. Teachers placed on unrequested leave of absence shall be reinstated to the positions from which they have been given leaves of absence or, if not available, to other available positions in the School District in fields in which they are licensed. Reinstatement shall be in the inverse order of placement on leave of absence. The order of reinstatement of teachers who have equal seniority and who are placed on unrequested leave in the same school year shall be negotiable; Subd. 5. Part-time teachers have seniority rights to the limit of their assignmentcontract entitlement. The District shall not be required to create part-time positions from existing full-time positions. However, if there is only a full-time position available when the part-time teacher is eligible for placement and the part-time teacher is licensed for that position, the full-time position shall be offered to the part-time teacher. This right to a full-time position is open only to part-time teachers on contract and does not apply to hourly rate teachers as defined in Article X, Section 7 of this contract. Hourly rate teachers shall be on the seniority list and be entitled to an hourly assignment equal to their maximum level of employment in the District pursuant to agreed-upon guidelines. If a part-time contract position becomes available for which the hourly rate employee is licensed and makes application, the employee shall be considered for the part-time position. Subd. 6. No appointment of a new teacher shall be made while there is available, on unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the teacher fails to advise the School Board within 15 days of the date of notification that a position is available to the teacher, that he/she may return to employment and that he/she will assume the duties of the position to which appointed on a future date determined by the Board; Subd. 7. A teacher placed on unrequested leave of absence may engage in teaching or any other occupation during the period of this leave; Subd. 8. The unrequested leave of absence shall not impair the continuing contract rights of a teacher or result in a loss of credit for previous years of service; Subd. 9. The unrequested leave of absence of a teacher who is not reinstated shall continue for a period of five years after which the right to reinstatement shall terminate; Subd. 10. The same provisions applicable to terminations of probationary or continuing contracts in Minn. Stat. § 122A.40 Subdivisions 5 and 7 shall apply to placement on unrequested leave of absence; Subd. 11. Nothing in this subdivision shall be construed to impair the rights of teachers placed on unrequested leave of absence to receive unemployment compensation if otherwise eligible. Any teachers on leaves of absence whose position on the seniority list will necessitate being placed on unrequested leave of absence will be notified by the Board. Section 2. Seniority lists shall be established by the following procedures: Subd. 1. Seniority in the District shall be computed on the basis of a teacher’s continuous employment from the first day of actual work with the District. Subd. 2. Teachers shall continue to accrue seniority while on Board approved leaves (with the exception of long-term disability after one year). Subd. 3. Only service during normal school day, as defined in the Working Agreement, will count toward seniority. Subd. 4. Teachers leaving the teachers’ bargaining unit, but remaining an employee of the District, shall retain but not accrue seniority as a teacher.

Unrequested Leave. Section 1. The School Board may place on unrequested leave of absence, without pay or fringe benefits, as many teachers as may be necessary because of discontinuance of position, lack of pupils, financial limitations, or merger of classes caused by consolidation of Districts. The unrequested leave shall be effective at the close of the school year. In placing teachers on unrequested leave, the Board shall be governed by the following provisions: Subd. 1. The Board may place probationary teachers on unrequested leave first in the inverse order of their employment. No teacher who has acquired continuing contract rights shall be placed on unrequested leave of absence while probationary teachers are retained in positions for which the teacher who has acquired continuing contract rights is licensed; Subd. 2. Teachers who have acquired continuing contract rights shall be placed on unrequested leave of absence in fields in which they are licensed in the inverse order in which they were employed by the School District. In the case of merger of classes caused by consolidation of Districts or in the case of equal seniority, the order in which teachers who have acquired continuing contract rights shall be placed on unrequested leave of absence in fields in which they are licensed shall be negotiable;of Subd. 3. Notwithstanding Subdivision 1 and 2, if either the placing of a probationary teacher on unrequested leave before a teacher who has acquired continuing rights or the placing of a teacher who has acquired continuing contract rights on unrequested leave before another teacher who has acquired continuing contract rights but who has greater seniority would place the District in violation of its affirmative action program, the District may retain the probationary teacher or the teacher with the lesser seniority; Subd. 4. Teachers placed on unrequested leave of absence shall be reinstated to the positions from which they have been given leaves of absence or, if not available, to other available positions in the School District in fields in which they are licensed. Reinstatement shall be in the inverse order of placement on leave of absence. The order of reinstatement of teachers who have equal seniority and who are placed on unrequested leave in the same school year shall be negotiable; Subd. 5. Part-time teachers have seniority rights to the limit of their assignment. The District shall not be required to create part-time positions from existing full-time positions. However, if there is only a full-time position available when the part-time teacher is eligible for placement and the part-time teacher is licensed for that position, the full-time position shall be offered to the part-time teacher. This right to a full-time position is open only to part-time teachers on contract and does not apply to hourly rate teachers as defined in Article X, Section 7 of this contract. Hourly rate teachers shall be on the seniority list and be entitled to an hourly assignment equal to their maximum level of employment in the District pursuant to agreed-upon guidelines. If a part-time contract position becomes available for which the hourly rate employee is licensed and makes application, the employee shall be considered for the part-time position. Subd. 6. No appointment of a new teacher shall be made while there is available, on unrequested leave, a teacher who is properly licensed to fill such vacancy, unless the teacher fails to advise the School Board within 15 days of the date of notification that a position is available to the teacher, that he/she may return to employment and that he/she will assume the duties of the position to which appointed on a future date determined by the Board;within Subd. 7. A teacher placed on unrequested leave of absence may engage in teaching or any other occupation during the period of this leave; Subd. 8. The unrequested leave of absence shall not impair the continuing contract rights of a teacher or result in a loss of credit for previous years of service; Subd. 9. The unrequested leave of absence of a teacher who is not reinstated shall continue for a period of five years after which the right to reinstatement shall terminate; Subd. 10. The same provisions applicable to terminations of probationary or continuing contracts in Minn. Stat. § 122A.40 Subdivisions 5 and 7 shall apply to placement on unrequested leave of absence; Subd. 11. Nothing in this subdivision shall be construed to impair the rights of teachers placed on unrequested leave of absence to receive unemployment compensation if otherwise eligible. Any teachers on leaves of absence whose position on the seniority list will necessitate being placed on unrequested leave of absence will be notified by the Board. Section 2. Seniority lists shall be established by the following procedures: Subd. 1. Seniority in the District shall be computed on the basis of a teacher’s continuous employment from the first day of actual work with the District. Subd. 2. Teachers shall continue to accrue seniority while on Board approved leaves (with the exception of long-term disability after one year). Subd. 3. Only service during normal school day, as defined in the Working Agreement, will count toward seniority. Subd. 4. Teachers leaving the teachers’ bargaining unit, but remaining an employee of the District, shall retain but not accrue seniority as a teacher.