Unrequested Leaves of Absence. (A) The District may place a teacher on unrequested leave of absence for a period not exceeding five (5) calendar years from the time such leave is commenced, without pay or fringe benefits, as may be necessary because of discontinuance of position, lack of pupils, financial limitations, or merger of classes. Such leave shall be effective no later than the close of the school year or at such earlier time as mutually agreed upon between the teacher and the District.
(B) Teachers placed on such leave shall receive notice pursuant to M.S. 122A.40.
(C) Teachers placed on unrequested leave shall be done in inverse order of seniority in positions for which teachers are qualified and covered by this Agreement. No teacher shall be placed on unrequested leave if there is any other qualified teacher with less seniority employed by the District. The District shall not be required to assign a more senior teacher to an assignment which is different from that which he/she is administratively assigned in order to accommodate the seniority claims of a less senior teacher.
(D) The provisions herein shall not apply if application will result in any violation of the District's affirmative action program which shall include ethnicity, race, color or sex, and any person employed in an affirmative action program may be retained in the same field or subject matter of a teacher with greater seniority if it is necessary to effectuate the purposes of such affirmative action program.
(E) In the event of a staff reduction, action affecting teachers who have equal seniority and whose first date of employment commenced on the same date, the selection of the teachers for purposes of discontinuance shall be determined by the date the teacher's contract was approved by the District. If equal seniority still exists, then the date that the teacher signed the contract shall be considered the earliest date to be considered the senior teacher. If equal seniority still exists, then the selection shall be at the sole discretion of the District.
(F) Any teacher placed on such leave may engage in teaching or other occupations during such period and may be eligible for unemployment compensation if otherwise eligible under that law for such compensation, and leave will not result in loss of credit for years of service in the district earned prior to commencement of such leave.
Unrequested Leaves of Absence. A. The Board reserves the right to place an employee on an unrequested leave of absence or retire an employee for physical or mental disability to perform assigned duties.
B. In the case of a teacher who, in the opinion of the Superintendent, is unfit to teach in this district by reason of physical or mental condition, the teacher will be offered the opportunity for a hearing which shall be conducted in accordance with law governing termination hearings within the time allowed by RC 3319.081.
C. If an employee fails to overcome the Superintendent’s recommendation or fails to request an appearance before the Board within the time allowed, the Board shall order the employee to submit an appropriate examination by a physician jointly designated by the parties and compensated by the Board.
1. If, as a result of such examination, the employee is found by the jointly designated physician to be unfit to perform assigned duties, the employee may, at the discretion of the Board, be placed on appropriate leave of absence until proof of recovery, is furnished by the jointly designated physician. If the employee is deemed able to return to work, then he/she shall directly return at the contract status which he/she held prior to being placed on such leave.
2. Should an employee refuse to submit to the examination requested by the Board and the employee has exercised his rights under the provisions hereinabove set forth, such refusal shall subject the employee to disciplinary action which may result in the institution of procedures for termination of contract. R.C. 3319.13, 3319.16
Unrequested Leaves of Absence. Subd. 1. The school district may place on unrequested leave of absence for a period not to exceed five (5) calendar years from the time such leave is commenced, without pay or fringe benefits, such teachers as may be necessary because of discontinuance of position, lack of pupils, financial limitations, or merger of classes. Such leave shall be effective no later than the close of the school year or at such earlier time as mutually agreed between the teacher and the school district. Such teachers may continue to participate in the school district group insurance plans provided they pay the entire premium.
Subd. 2. Teachers placed on such leave shall receive notice by July 1st of the school year prior to the commencement of such leave with reasons therefor.
Unrequested Leaves of Absence. The Employer may place on unrequested leave of absence 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, or other reason permitted by law. In the reduction of staff in any field in which licensing is required by the Department of Education, teachers so licensed and currently teaching in such field will be placed on unrequested leave of absence in the inverse order of their position on the seniority list. No teacher who has acquired continuing contract rights shall be placed on unrequested leave of absence while a probationary teacher is retained in a position for which the continuing contract teacher is qualified and licensed. If an unrequested leave of absence for any teacher would result in any violation of the Employer's affirmative action program, the Employer may retain the teacher with less seniority and the next senior teacher in the field shall be placed on unrequested leave of absence. Any teacher placed on unrequested leave of absence pursuant to this Section 6 shall be notified, in writing, by personal delivery or restricted delivery mail, of such unrequested leave of absence by the date required by law (currently July 1), together with a statement of the reasons therefore. A copy of such notification shall be sent simultaneously to the Union.
Unrequested Leaves of Absence. District Authority. The Board may place on unrequested leave of absence for a period not exceeding three calendar years from the time such leave is commenced, without pay or fringe benefits, such teachers as may be necessary because of discontinuance of position, lack of pupils, financial limitations, or merger of classes. Such leave shall be effective no later than the close of the school year or at such earlier time as mutually agreed between the teacher and the Board.
Unrequested Leaves of Absence. 1. The Superintendent and Board of Education may place a professional staff member on unrequested leave of absence for physical or mental inability to perform assigned duties. Inability to perform assigned duties may be determined only after two classroom observations by the building administrator or following verbal or written reprimand for misconduct. The building administrator will meet with the Superintendent and teacher to review the observations and make a recommendation to the Superintendent. Recommendations may include a written warning with 15 school days allowed to improve performance, referral to a physician or mental health professional for evaluation and treatment, or immediate placement upon unrequested leave until proof of recovery is furnished or for a period not to exceed one (1) year.
2. Any unrequested leave of absence shall be treated as sick leave and shall be subject to the guidelines within Article 12, Compensable Leave and the Sick Bank Policy [Appendix G].
3. The teacher may request the opportunity for a hearing before the Board of Education. If a professional staff member fails to comply with the Administrator's recommendations or fails to request an appearance before the Board within 15 days following the conference, the Board shall order the teacher to submit to an appropriate examination by an appropriate physician or mental health professional of the teacher's choice, provided such physician or mental health professional has been approved by the Board. If, as a result of such examination, the professional staff member is found to be unable to perform assigned duties, the professional staff member shall be placed on leave of absence until proof of treatment and recovery, satisfactory to the Board, is furnished or for a period not to exceed one (1) year.
4. The teacher may request representation at any conferences and hearings.
5. No teacher will have his or her job security jeopardized by requests for treatment or referral assistance.
6. While on a Board approved Leave of Absence, all extra duty/overload contracts (including Schedule B and C) will be suspended. Upon request, compensation may be reinstated based on approval of administration.
7. In implementing this Article, the Board will adhere to the requirements of any laws providing protection for those with disabilities.
Unrequested Leaves of Absence. Subd. 1. The school district may place on unrequested leave of absence for a period not to exceed five (5) calendar years from the time such leave is commenced, without pay or fringe benefits, such teachers as may be necessary because of discontinuance of position, lack of pupils, financial limitations, or merger of classes. Such leave shall be effective no later than the close of the school year or at such earlier time as mutually agreed between the teacher and the school district. Such teachers may continue to participate in the school district group insurance plans provided they pay the entire premium.
Subd. 2. Teachers placed on such leave shall receive notice by July 1st of the school year prior to the commencement of such leave with reasons therefor.
Subd. 3. Teachers placed on unrequested leave shall be done in inverse order of seniority in the subject matter categories as listed in the seniority list. No teacher shall be placed on unrequested leave if there is any other qualified teacher with less seniority in the same subject matter category as listed in the seniority list.
Subd. 4. In any year in which a reduction of teaching staff is occurring, and the school district is placing teachers on unrequested leave of absence, only those certificates or licenses actually received by the superintendent's office for filing as of January 15 of such year shall be considered for purposes of determining layoff within areas of license for the following year. A license filed after January 15 shall be considered for purposes of recall, but not to the current reduction.
Subd. 5. Any teacher placed on such leave may engage in teaching or any other occupation during such period and may be eligible for unemployment compensation if
Unrequested Leaves of Absence. The purpose of the Article is to set forth a plan providing for unrequested leaves of absence without pay for 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, or other reason permitted by law. This Article has been agreed upon by the Employer and the Union pursuant to the provisions of Minn. Stat. §122A.40, Subd. 10. Accordingly, the provisions of Minn. Stat. §122A.40, Subd. 11 shall not be applicable to any employee included in the appropriate unit.
Unrequested Leaves of Absence. 16 Section 13.1 Purpose 16 Section 13.2 Definitions 16 Section 13.3 Unrequested Leaves of Absence 17 Section 13.4 Reinstatement 17 Section 13.5 Establishment of the Seniority List 18 Section 13.6 Review 18 ARTICLE XIV: Year-Round School 18 ARTICLE XV: Suspension 18 Section 15.1 Suspension without Pay 18 Section 15.2 Notice and Hearing 19 Section 15.3 Effective Date 19 ARTICLE XVI: Teacher Representation 19 ARTICLE XVII: Publication of Agreement 19
Unrequested Leaves of Absence. Subd.
1. The School Board may place on unrequested leave of absence for a period not exceeding five (5) years from the time such leave is commenced, without pay or fringe benefits, such teachers as may be necessary because of discontinuance of
2. Teachers placed on such leave shall receive notice stating specific reasons for such actions by April 10th of the school year prior to the commencement of such leave without the necessity for any hearing applicable to termination, except that a hearing may be provided to show any violation in this policy.
