Sick Leave Bank The school corporation agrees to, and hereby establishes a voluntary sick leave bank to which certificated persons may contribute unused sick leave days, and from which a contributing individual may draw sick leave days when the individual’s annual and accumulated sick leave days are exhausted, in accordance with the following provisions. Please see the definitions of sick leave under Article IV.
1. The sick leave bank shall apply to all persons employed by the school corporation whose employment requires the holding of a license issued by the Indiana Department of Education, whether or not any such person is a member of the bargaining unit to which this contract applies.
2. A “contributing individual” is one who, within the first thirty (30) days of the contract year, signs a contribution form. Such contribution form shall require the assigning of one (1) day of sick leave to the sick leave bank and an individual may contribute up to five (5) total days if so motivated during any enrollment period.
3. A person shall cease to be a contributing individual upon the failure of such individual to sign such contribution form and such individual shall thereafter not be entitled to draw any sick leave days from the sick leave bank until becoming a contributing member the following year.
4. Present and new faculty members who wish to become “contributing individuals” may do so by following the procedure in paragraph two (2). Staff who hire in after the annual enrollment period closes can still enroll under equivalent timelines as original enrollment period.
5. Use of the sick leave bank shall be subject to the following limitations:
a. Sick bank leave shall be used on a teacher’s first day receiving no pay as long as the teacher has exhausted all accumulated sick days, as well as all annual sick and personal days. Days may need to be allotted retroactively to allow time for the sick bank committee to meet and review the request. In the event a teacher on sick bank leave returns to work and then finds it necessary on advice of a doctor to take additional leave for the same disability, no additional days shall be deducted subject to the approve of the Sick Bank Review Committee.
b. In the even a teacher is disabled as a result of illness or injury of a different nature during the same school year, any additional sick leave bank time granted is subject to approval of the Sick Bank Review Committee.
c. Sick bank leave shall be used for the purposes permitted by the Federal Medical Leave Act (FMLA) and must be supported by a written request by the contributing individual and the appropriate FMLA certification specifying the nature of the illness and prognosis report for the teacher’s return to work.
d. Days taken from the sick leave bank shall apply only to those days on which a teacher would receive pay if the teacher were not under disability.
e. All contractual leave days shall be waived while drawing pay from the sick leave bank so that a teacher in no case will be drawing double pay for any day.
f. This sick leave bank section shall not operate in any manner such that any teacher receiving workers compensation benefits receives more than such teacher’s regular pay.
g. Paid holidays, if any, shall not be charged against the sick leave bank, but shall be compensated for under the terms of the teacher’s contract.
h. Sick leave bank days shall not be used during summer school employment, nor shall such days be used at any other times except the regular school year.
i. Leave from the sick leave bank may not be used for maternity or childbirth leave, but may be used for any physical disability arising out of a pregnancy.
j. Teachers who, as of the beginning of the school year in which sick leave bank benefits are requested and used, have accumulated the following number of sick leave days under the sick leave section of this contract, shall be eligible to draw up to a maximum number of days from the sick leave bank in any single year as follows:
(1) 0-10: Up to 60 days (2) 11-40: Up to 90 days (3) 41 or over: Up to 120 days k. Teachers may be awarded fewer than maximum days (listed in Section j) at the discretion of the Sick Bank Review Committee.
6. Should the sick leave bank fall to a thirty (30) day balance during a school year, an additional contribution will be requested and will count toward the subsequent enrollment period.
7. A Sick Bank Review Committee shall be formed and shall be comprised of three (3) members appointed by the exclusive representative and one (1) individual appointed by the Superintendent. The committee shall consider and review all requests for use of sick bank days to ensure that all applications submitted, and any grants made, are in accordance with the provisions of this contract.
8. The school district shall notify certificated employees of the enrollment period for the sick bank, including required contribution forms and appropriate deadlines, within the first five (5) school days of each school year.
9. If there are seven hundred and fifty (750) days in the bank at the time of open enrollment, no contribution will be necessary unless it falls below the previously described number of thirty (30) days.
Leave Bank 1. A sick leave bank shall be maintained within the District. The purpose of the Leave Bank is to provide a bank of sick leave days from which staff may draw in cases of extended absences due to illness or injury which renders the staff member incapable of working.
2. The bank was funded initially by a mandatory contribution from each employee of one (1) day from that employee’s individual sick leave account, as well as a 100-day contribution from the school district.
3. The sick leave bank shall be administered by the Superintendent and the Association President(s).
4. For new employees, a mandatory contribution of one (1) day shall be made by them on the day on which their initial individual leave time is allotted to them. Leave days in the bank will carry over from year to year. The bank will contain a maximum of 500 days and a minimum of 250 days. Employees who leave the district, excluding staff who retire under PERA, shall contribute any remaining accrued days to the leave bank. At such time as the bank drops below 250 days, an additional contribution of one (1) day per employee shall be made to replenish the bank’s days at the beginning of the school year
5. Persons who have used all of their leave entitlement shall be eligible to draw from the leave bank under the following condition:
a. Only when under a doctor’s care.
b. For each first day granted from the leave bank per occurrence the employee shall be docked the current substitute pay.
c. For a recurring illness or a medical condition that requires periodic and consistent medical treatment of a severe disablement, Sick Leave Bank Days (in increments of half days) may be granted for all absences resulting from these conditions
d. Any individual who is absent as a result of a medically diagnosed catastrophic illness or injury may access the bank for up to and including sixty (60) additional days. Utilization of these days shall require the submission of a new Leave Bank Application to the bank.
6. An individual who meets the requirements stated above can use a total of no more than thirty (30) days per school year from the leave bank.
7. An individual may request days from the Leave Bank any time prior to but within thirty (30) calendar days after the individual returns to work. Applications submitted at a time outside these limits will not be considered by the Superintendent and Association President(s). The request must be submitted to the Superintendent office using the Leave Bank Application. The application can be located in the appendix of this agreement. Upon receipt of the application the Superintendent shall forward the request to the Association President(s). The Superintendent and Association President(s) shall meet, within ten (10) days to consider such request. Within five (5) days following said meeting, the applicant shall be notified, in writing, of the status of the request.
8. Any individual who has accessed the leave bank and resigns their position in the same contract year will be docked their daily rate of pay for each day used from the bank.
9. Elective treatment or surgery is defined as a condition diagnosed by a Doctor that admission sometime in the future is acceptable for a condition causing minimal or no pain, dysfunction or disability and can be safely postponed until non-contract time. Such conditions shall not qualify for Leave Bank Days.
10. The District is liable only for the total number days in the leave bank.
Family Sick Leave An employee may use sick leave credits for family illness or injury only if the employee must provide direct care to an immediate family member. For purposes of family sick leave, “immediate family member” will mean the employee’s parent, spouse, or child, including step-child and xxxxxx child.
Payment for Unused Sick Leave (a) An employee with less than ten (10) years of FIU service who separates from FIU shall not be paid for any unused sick leave.
(b) An employee who has completed ten (10) or more years of FIU service, has not been found guilty or has not admitted to being guilty of committing, aiding, or abetting any embezzlement, theft, or bribery in connection with State government, or has not been found guilty by a court of competent jurisdiction of having violated any State law against or prohibiting strikes by public employees, and separates from FIU because of retirement for other than disability reasons, termination, or death, shall be compensated at the employee's current regular hourly rate of pay for one-eighth of all unused sick leave accrued prior to October 1, 1973, plus one- fourth of all unused sick leave accrued on or after October 1, 1973; provided that one-fourth of the unused sick leave since 1973 does not exceed 480 hours. The compensation in this paragraph 8(4)(b) shall not be given to an employee who starts employment at FIU on or after July 1, 2006.
(c) Upon layoff, an employee with ten (10) or more years of FIU service shall be paid for unused sick leave as described in paragraph b., above, unless the employee requests in writing that unused sick leave be retained pending re-employment. For an employee who is re-employed by the University within twelve (12) calendar months following layoff, all unused sick leave shall be restored to the employee, provided the employee requests such action in writing and repays the full amount of any lump sum leave payments received at the time of layoff. An employee who is not re- employed within twelve (12) calendar months following layoff shall be paid for sick leave in accordance with this Policy.
(d) All payments for unused sick leave shall be made in lump sum and shall not be used in determining the average final compensation of an employee in any State administered retirement system. An employee shall not be carried on the payroll beyond the last official day of employment, except that an employee who is unable to perform duties because of a disability may be continued on the payroll until all sick leave is exhausted.
(e) If an employee has received a lump sum payment for accrued sick leave, the employee may elect in writing, upon re-employment within 100 days, to restore the employee's accrued sick leave. Restoration will be effective upon the repayment of the full lump sum leave payment.
(f) In the event of the death of an employee, payment for unused sick leave at the time of death shall be made to the employee's beneficiary, estate, or as provided by law.
Sick Bank (1) A “Sick Leave Bank” shall be established. The purpose of said bank shall be to aid only unit members whose sick leave accumulation has been exhausted and who suffer prolonged absence from (a) a disabling condition, (b) an accident which causes disability; and (c) disability arising from pregnancy by providing additional paid sick leave for extreme hardship cases due to personal illness and/or personal injury shall not be for casual use.
(2) No qualified unit member shall be permitted to use more than 93 days from the Sick Leave Bank.
(3) Each unit member may contribute a total of two (2) days from his/her sick leave accumulation to the Sick Leave Bank. If a pre-tenure teacher elects this option, he/she shall be permitted to use no more than fifteen (15) days from the Sick Leave Bank for each year of service.
(4) All donations to the Sick Leave Bank will be voluntary.
(5) All days not used in a year will be retained in the Sick Leave Bank.
(6) If all the donated days are used during a given school year, the Bank shall be declared open and additional donations of a maximum of two (2) days by each tenured unit member may be made.
(7) Unit members using sick leave days from the Bank will not have to replace those days.
(8) No days may be donated to a specific individual, nor may they be donated to teachers exclusively in a certain school.
(9) A unit member withdrawing from membership in the Bank shall not be allowed to withdraw contributed days.
(10) Procedure for processing requests for Sick Bank days:
(a) The unit member requesting Sick Bank days shall obtain from the Association or from the Human Resources Department a copy of the SEA Sick Bank Request form.
(b) The unit member shall submit a completed Request form, including a completed Physician Statement, to the Human Resources Department who will promptly provide a copy to the Association. SEA approval is assumed unless SEA informs the Human Resources Department of its concerns regarding the request within three (3) days of receipt.
(c) The Human Resources Department shall review the Request form for completeness. If the form is incomplete, the unit member and the Association will be notified. If any additional information is needed to process the Request form, the unit member and the Association shall be notified and the unit member shall be asked to comply.
(d) The Human Resources Department shall promptly review and respond to the completed Request form. If approved, the unit member and the Association shall be notified in writing of such approval. If approval is denied, the unit member and the Association shall be notified in writing that the Sick Bank Committee will be convened to review the request. The unit member may be required to submit additional information for the consideration of the committee.
(e) The unit member and the Association will be notified in writing of the decision of the Sick Bank Committee. Should the committee refer the unit member to an independent Medical Review Officer (MRO), the unit member shall be notified in writing and can decline, forfeiting the use of the Sick Bank. (This provision shall not impact the right of the Board to require an employee to submit to an Independent Medical Examination (IME) at Board expense as permitted by applicable law).
(11) A committee consisting of two unit members selected by the SEA, three persons designated by the Board, and the Human Resources Director who shall act as the non- voting chairperson, shall be established to set up guidelines, review implementation, and update procedures. The Sick Leave Committee shall:
(a) Require a doctor’s certificate regarding the illness and/or injury and its specific impact on the ability of the employee to perform job responsibilities;
(b) Consider the nature, seriousness; and projected duration of the illness and/or injury related to the ability of the employee to perform job responsibilities; and
(c) Consider the applicant’s prior record of sick leave use.
(12) The granting of any sick leave days from the Sick Leave Bank shall be made by majority vote of the committee members present and voting. In case of a tie vote, the case shall be referred to the Medical Review Officer (MRO).
(a) The unit member shall be notified to submit all medical documentation from the unit member’s treating physician(s) to the MRO. The MRO shall be a licensed physician, appointed by agreement of both parties, for the duration of the Collective Bargaining Agreement, subject to reappointment by agreement of both parties. The medical documentation submitted shall detail the seriousness and nature of the illness or injury involved related to the ability of the employee to perform job responsibilities. The MRO shall confirm the seriousness and nature of the illness or injury related to job responsibilities utilizing said medical documentation;
(b) If the MRO is unable to confirm the seriousness and nature of the illness or injury related to the ability to perform job responsibilities from the medical documentation as provided above, said MRO may conduct or send the employee to have an Independent Medical Examination (IME). A licensed physician shall perform the IME with expertise in the field of the illness or injury presented, to confirm the treating physician's report. The decision of the MRO, or the IME, shall be binding and final and not subject to the grievance procedure outlined in this Agreement.
(c) Nothing contained herein shall preclude a resubmission to the MRO based upon additional medical documentation.
(d) Individuals are subject to continuing review by the MRO, to confirm the seriousness of the illness or injury. The MRO shall have the discretion to discontinue leave benefits under this provision if he/she determined that the individual is capable of returning to work.
(13) In the event that the parties cannot agree upon the selection of said MRO, the Board and the Association shall submit the matter to binding arbitration under the rules of the American Arbitration Association (AAA).
(14) The costs of the MRO, the IME (if needed), and Arbitrator shall be borne equally by the Board and the Association.
(15) The Superintendent, in his/her sole discretion, may authorize the use of additional sick leave days from the Bank to any member who has exhausted the maximum days set forth in paragraphs 2 and 3 above. The Superintendent shall notify the Human Resources Director of his/her decision to authorize sick leave above the caps set forth in paragraphs 2 and 3 above. The decision of the Superintendent shall be final and not subject to the grievance procedure contained in this Agreement.
(16) In no case shall any unit member receive days from the Bank when absent due to a work-related injury.
(17) The Board will annually supply the SEA with statistics regarding the status of the Bank, number of participants, number of days, number of unit members taking from the Bank, number of days remaining in the Bank, etc.
SICK LEAVE AND LONG-TERM DISABILITY (Articles 12.01 to 12.11 apply to full-time nurses only)
12.01 The Hospital will assume total responsibility for providing and funding a short-term sick leave plan at least equivalent to that described in the 1980 Hospitals of Ontario Disability Income Plan brochure. Effective January 1, 2006, new hires will be covered under the 1992 Hospitals of Ontario Disability Income Plan. The Hospital will pay 75% of the billed premium towards coverage of eligible employees under the long-term disability portion of the Plan (HOODIP or an equivalent plan). The employee will pay the balance of the billed premium through payroll deduction. For the purpose of transfer to the short-term portion of the disability program, employees on the payroll as of the effective date of the transfer with three (3) months or more of service shall be deemed to have three (3) months of service. For the purpose of transfer to the long-term portion of the disability program, employees on the active payroll as of the effective date of the transfer with one (1) year or more of service shall be deemed to have one (1) year of service.
12.02 Effective the first of the month following the transfer, all existing sick leave plans in the Participating Hospitals shall be terminated and any provisions relating to such plans shall be null and void under the respective Collective Agreements except as to those provisions relating to payout of unused sick leave benefits which are specifically dealt with hereinafter.
12.03 Existing sick leave credits for each employee shall be converted to a sick leave bank to the credit of the employee. The sick leave bank shall contain the unused sick leave days to the credit of the nurse on the effective date of the transfer to the Plan set out in Article 12.01. The "sick leave bank" shall be utilized to:
(a) Supplement payment for sick leave days under the new plan which would otherwise be at less than full wages, and;
(b) Where a payout provision existed under the former sick leave plan in the Collective Agreement, payout shall be made on the termination of employment, or in the case of death, to the nurse's estate. The parties may agree to voluntarily cash out existing sick leave banks. The amount of the payout shall be a cash settlement at the nurse's then current salary rate for any unused sick credits to the maximum provided under the sick leave plan in which the nurse participated as of October 23, 1981;
(c) Where, as of the effective date of transfer, an employee does not have the required service to qualify for payout on termination, her or his existing sick leave credits as of that date shall nevertheless be converted to a sick leave bank in accordance with the foregoing and the nurse shall be entitled to the same cash out provisions as set out in paragraph (b) above providing the nurse subsequently achieves the necessary service to qualify for payout under the conditions of the sick leave plan in which she or he participated as of October 23, 1981;
(d) Where a payout provision existed under the former sick leave plan in the Collective Agreement, a nurse who, as of the date of this award, has accumulated sick leave credits and is prevented from working for the Hospital on account of an occupational illness or accident that is recognized by The Workplace Safety and Insurance Board as compensable within the meaning of the Workplace and Safety Insurance Act, the Hospital, on application from the nurse, will supplement the award made by The Workplace Safety and Insurance Board for loss of wages to the nurse by such amount that the award of The Workplace Safety and Insurance Board for loss of wages, together with the supplementation of the Hospital, will equal one hundred per cent (100%) of the nurse's net earnings to the limit of the nurse's accumulated sick leave credits. Nurses may utilize such sick leave credits while awaiting approval of a claim for WSIB benefits.
12.04 When a nurse has completed any portion of her or his regularly scheduled tour prior to going on sick leave benefits or WSIB benefits, the nurse shall be paid for the balance of the tour at her or his regular straight time hourly rate. This provision will not disentitle the nurse to a lieu day under Article 15.05 if she or he otherwise qualifies.
12.05 Any dispute which may arise concerning a nurse's entitlement to short-term or long- term benefits under HOODIP or an equivalent plan may be subject to grievance and arbitration under the provisions of this Agreement. The Union agrees that it will encourage a nurse to utilize the carrier’s medical appeals process, if any, to resolve disputes.
12.06 Nurses presently employed who are covered by a long-term disability plan in effect as of the date of this award, may elect to be covered by HOODIP or to continue their present coverage.
12.07 The Hospital further agrees to pay employees an amount equal to any loss of benefits under HOODIP for the first two days of the fourth and subsequent period of absence in any calendar year.
12.08 The Hospital will notify each nurse of the amount of unused sick leave in her or his bank annually.
12.09 For nurses whose regular hours of work are other than the standard work day, the short-term sick leave plan will provide payment for the number of hours of absence according to the scheduled tour to a total of 562.5 hours. All other provisions of the existing plan shall apply mutatis mutandis.
12.10 Absences due to pregnancy related illness shall be considered as sick leave under the sick leave plan.
12.11 A nurse who is absent from work as a result of an illness or injury sustained at work and who has been awaiting approval of a claim for WSIB benefits for a period longer than one complete tour or more may apply to the Hospital for payment equivalent to the lesser of the benefit the nurse would receive from WSIB if the nurse's claim was approved, or the benefit to which the nurse would be entitled under the short-term sick portion of the disability income plan (HOODIP or equivalent plan). Payment will be provided only if the nurse provides evidence of disability satisfactory to the Hospital and a written undertaking satisfactory to the Hospital that any payments will be refunded to the Hospital following final determination of the claim by The Workplace Safety and Insurance Board. If the claim for WSIB benefits is not approved, the monies paid as an advance will be applied towards the benefits to which the nurse would be entitled under the short-term portion of the disability income plan. Any payment under this provision will continue for a maximum of fifteen (15) weeks. (Articles 12.12, 12.13 and 12.14 apply to both full-time and part-time nurses)
12.12 Nurses returning to work from an illness or injury compensable from the Workplace Safety and Insurance Board will be assigned light work as necessary, if available.
12.13 A nurse who transfers from full-time to part-time may elect to retain her or his accumulated sick leave credits to be utilized during part-time or subsequent full-time employment as provided under the sick leave plan in which the nurse participates as of October 23, 1981.
12.14 If the Employer requires the employee to obtain a medical certificate, the employer shall pay the full cost of obtaining the certificate.
Personal/Xxxxx’s Leave 7.3.1 All full time employees shall be entitled to accrue paid personal / xxxxx's leave on the basis of 10 days per year (or pro-rata thereof for any period less than one year). Part-time employees are entitled to a pro-rata benefit. Paid personal / carer's leave is cumulative.
7.3.2 All accrued personal leave shall be available for use as carer's leave in accordance with the provisions outlined below.
7.3.3 As part of its commitment to provide a family-friendly workplace, the employer will allow employees to use any amount of accrued personal /xxxxx's leave to enable employees to:
(a) provide primary care to partners, children and/or other household or family members.
(b) attend the funerals of family or household members or close family relatives (if compassionate leave is not available in the circumstances).
7.3.4 The leave provided for in this clause will be granted subject to the following:
(a) The employee must notify the employer of the reason and likely duration of the absence before 7.00 am on the first day of the absence, unless this is not possible due to an unexpected emergency in which case the employee must notify the employer as soon as practicable.
(b) Where circumstances permit, an employee must endeavour to arrange leave to minimise the impact on operational needs.
(c) The provision of appropriate documentary evidence.
1. For sick leave, a medical certificate or if not reasonably practicable to provide a medical certificate- a statutory declaration made by the employee.
2. For xxxxx's leave, a medical certificate in respect to the family or household member, or a statutory declaration by the employee.
3. For compassionate leave, any evidence that the employer reasonably requires.
7.3.5 The employee is not entitled to take more than 10 days of paid xxxxx’s leave (1/26th of the nominal hours worked by the employee) per year, regardless of the amount of personal leave the employee has accumulated over time.
7.3.6 An employee may request to cash out any amount of paid personal/xxxxx’s leave that they have accrued that is excess of 3/52 of the number of nominal hours worked over the past 12 months. For example, an employee working 38 hours per week over 12 months must retain 15 days of paid personal/carer’s leave and may cash out any further personal/carer’s leave that has been accumulated.
7.3.7 In addition to the above, a request to cash out personal/xxxxx’s leave will only be granted where:
(a) the employee elects to cash out their leave in writing; and
(b) the employer agrees.
7.3.8 Casual Employees engaged in continuous service shall be entitled to personal leave limited to the provision of sub clause 7.3.
MATERNITY-RELATED REASSIGNMENT OR LEAVE a. An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the fifty-second (52nd) week following the birth, request the Council to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may poses a risk to her health or that of the foetus or child.
b. An employee’s request under sub-clause (a) above must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Dependant upon the particular circumstances of the request, the Council may obtain an independent medical opinion.
c. An employee who has made a request under sub-clause (a) above is entitled to continue in her current job while the Council examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Council:
i. modifies her job functions or reassigns her, or
ii. informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.
d. Where reasonably practicable, the Council shall modify the employee’s job functions or reassign her.
e. Where the Council concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Council shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than fifty two (52) weeks after the birth.
f. An employee whose job functions have been modified, who has been reassigned or who is on leave of absence shall give at least two (2) weeks notice in writing to the Council of any change in duration of the risk or the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.
Personal Sick Leave The following provisions will apply to all employees (other than casual employees) covered by this Agreement.
Overtime Banking Employees desiring to bank overtime may elect to do so under the following criteria: * The half time associated to overtime may be banked up to a total of 24 hours per calendar year. This limit may be replenished throughout the year. * Banked time must be taken in full day increments or the employee may elect to receive the pay. * Employees must have cleared or be scheduled to clear their hours account by December 15. If the account is not cleared then the employee will be paid the balance in cash. * Payment will be based on the current rate of pay at the time the banked time is used. * Time off must be requested in advance, unless bona fide illness. (Company will monitor) * Time off will be subject to Company service requirements and no additional cost to the Company. * Implementation of the Overtime Banking arrangement will be subject to the development of an appropriate computer system.
