Common use of Withdrawal from the Bank Clause in Contracts

Withdrawal from the Bank. 1. Catastrophic Leave Bank participants whose sick leave is exhausted may withdraw from the Bank for catastrophic illness or injury. Catastrophic illness or injury shall be defined as any illness or injury that incapacitates a unit member or a member of the unit member's family for over ten (10) consecutive duty days which requires the unit member to take time off work to care for the family member. If a reoccurrence or second illness or injury incapacitates a unit member or a unit member's family within 12 months, it shall be deemed catastrophic after five (5) consecutive days. 2. Unit members must use all sick leave available to them before being eligible to withdraw from the Bank. 3. Unit members applying to withdraw from the Catastrophic Leave Bank will be required to submit a doctor's statement indicating the nature of the illness or injury and the probable length of absence from work. The Committee shall keep information regarding the nature of the illness confidential. 4. In granting of Catastrophic Leave, the Committee shall consider all District compensation available to the employee (e.g. sub differential and income protection) and may grant up to, but no more than, 30 days per year to any individual RVTA member. 5. Leave from the Bank may not be used for illness or disability which qualifies the member for workers compensation benefits unless the unit member has exhausted all worker compensation leave, their own sick leave, and provided further that the unit member signs over any worker compensation checks for temporary benefits to the Employer. If there are any worker compensation checks signed over to the Employer, the Bank will not be charged days, or if charged, will be reimbursed the number of days for which the worker compensation payment is equivalent to a regular day of pay at the negotiated rate for that member. If the Employer challenges the worker compensation claim, the unit member may draw from the Bank, but upon settlement of the claim the Bank shall be reimbursed the days by the Employer. 6. If the Catastrophic Leave Bank does not have sufficient days to fund a withdrawal request, the Committee is under no obligation to provide days and the Employer is under no obligation to pay the participant any funds whatsoever. If the Committee denies a request for withdrawal, or an extension of withdrawal, because of insufficient days to fund the request, they shall notify the unit member, in writing, of the reason of denial. 7. Withdrawals shall become effective immediately upon the exhaustion of sick leave.

Withdrawal from the Bank. 1. Catastrophic Leave Bank participants whose sick leave is exhausted may withdraw from the Bank for catastrophic illness or injury. Catastrophic illness or injury shall be defined as any illness or injury that incapacitates a unit member or a member of the unit member's ’s family for over ten (10) consecutive duty days which requires the unit member to take time off work to care for the family member. If a reoccurrence or second illness or injury incapacitates a unit member or a unit member's ’s family within 12 months, it shall be deemed catastrophic after five (5) consecutive days. 2. Unit members must use all sick leave available to them before being eligible to withdraw from the Bank. 3. Unit members applying to withdraw from the Catastrophic Leave Bank will be required to submit a doctor's ’s statement indicating the nature of the illness or injury and the probable length of absence from work. The Committee shall keep information regarding the nature of the illness confidential. 4. In granting of Catastrophic Leave, the Committee shall consider all District compensation available to the employee (e.g. sub differential and income protection) and may grant up to, but no more than, 30 days per year to any individual RVTA member. 5. Leave from the Bank may not be used for illness or disability which qualifies the member for workers compensation benefits unless the unit member has exhausted all worker compensation leave, their his/her own sick leave, and provided further that the unit member signs over any worker compensation checks for temporary benefits to the Employer. If there are any worker compensation checks signed over to the Employer, the Bank will not be charged days, or if charged, will be reimbursed the number of days for which the worker compensation payment is equivalent to a regular day of pay at the negotiated rate for that member. If the Employer challenges the worker compensation claim, the unit member may draw from the Bank, but upon settlement of the claim the Bank shall be reimbursed the days by the Employer. 6. If the Catastrophic Leave Bank does not have sufficient days to fund a withdrawal request, the Committee is under no obligation to provide days and the Employer is under no obligation to pay the participant any funds whatsoever. If the Committee denies a request for withdrawal, or an extension of withdrawal, because of insufficient days to fund the request, they shall notify the unit member, in writing, of the reason of denial. 7. Withdrawals shall become effective immediately upon the exhaustion of sick leave.

Withdrawal from the Bank. 1. Catastrophic Leave 8.12.3.1 Bank participants whose sick leave is exhausted may withdraw from the Bank for catastrophic illness or injury. Catastrophic illness or injury shall be defined as any illness or injury that incapacitates a unit member or a member of the unit member's family for over ten (10) consecutive duty days which requires the unit member to take time off work to care for the family member. If a reoccurrence or second illness or injury incapacitates a unit member or a unit member's family within 12 months, it shall be deemed catastrophic after five (5) consecutive days. 2. Unit members 8.12.3.2 Participants must use all sick leave and all other paid leaves excluding differential leave available to them before being becoming eligible to withdraw from the Bank. 38.12.3.3 The first ten work days of illness or disability must be covered by the participant’s own sick leave, differential leave, or leave without pay the first time the participant qualifies for a withdrawal from the Bank in conjunction with 8.12.3.11. 8.12.3.4 If a participant is incapacitated, applications may be submitted to the Committee by the Association. 8.12.3.5 Withdrawals from the Bank shall be granted in units of no more than thirty working days. Unit members The maximum will be two thirty-day periods. Participants may apply for an additional thirty-day extension. Participants withdrawal from the bank may not exceed the sixty-day maximum for the same catastrophic illness or injury within a twelve- month period. The twelve-month period begins on the first day of use of catastrophic leave. 8.12.3.6 Participants applying to withdraw or extend their withdrawal from the Catastrophic Leave Bank will be required to shall submit a doctor's ’s statement indicating the nature of the illness or injury serious health condition and the probable length of absence from work. Members of the Committee shall keep all information confidential. 8.12.3.7 If a participant has drawn thirty Bank days and requests an extension, the Committee may require a medical review by a physician of the Committee’s choice at the participant’s expense. The Committee shall keep information regarding choose only a physician who qualifies under the nature District-offered insurance policy. Refusal to submit to the medical review will terminate the participant’s continued withdrawal from the Bank. The Committee may deny an extension of withdrawal from the illness confidentialBank based upon the medical report. 4. In granting of Catastrophic Leave, the Committee shall consider all District compensation available to the employee (e.g. sub differential and income protection) and may grant up to, but no more than, 30 days per year to any individual RVTA member. 5. 8.12.3.8 Leave from the Bank may not be used for illness or disability which qualifies qualify the member participant for workers compensation Workers’ Compensation benefits unless the unit member participant has exhausted all worker compensation Workers’ Compensation leave, their his/her own sick leave, and provided further that the unit member signs over any worker compensation Workers’ Compensation checks for temporary benefits to the EmployerDistrict. If there are any worker compensation Workers’ Compensation checks signed over to the EmployerDistrict, the Bank will not be charged days, or if charged, will be reimbursed the number of days for which the worker compensation Workers’ Compensation payment is equivalent to a regular day of pay at the negotiated rate for that memberparticipant. “Regular day of pay” means the employee’s annual salary divided by the required number of days of service as set forth in the employee’s contractual work year. If the Employer challenges District and/or Workers’ Compensation insurance denies the worker compensation Workers’ Compensation claim, the unit member participant may draw from the Bank, but upon settlement of the claim claim, the Bank shall be reimbursed the days by the EmployerDistrict. 6. If the Catastrophic Leave Bank does not have sufficient days to fund a withdrawal request, the Committee is under no obligation to provide days and the Employer is under no obligation to pay the participant any funds whatsoever. If the Committee denies a request for withdrawal, or an extension of withdrawal, because of insufficient days to fund the request, they shall notify the unit member, in writing, of the reason of denial. 7. Withdrawals shall become effective immediately upon the exhaustion of sick leave.

Withdrawal from the Bank. 1. Catastrophic Leave 8.12.3.1 Bank participants whose sick leave is exhausted may withdraw from the Bank for catastrophic illness or injury. Catastrophic illness or injury shall be defined as any illness or injury that incapacitates a unit member or a member of the unit member's family for over ten (10) consecutive duty days which requires the unit member to take time off work to care for the family member. If a reoccurrence or second illness or injury incapacitates a unit member or a unit member's family within 12 months, it shall be deemed catastrophic after five (5) consecutive days. 2. Unit members 8.12.3.2 Participants must use all sick leave and all other paid leaves excluding differential leave available to them before being becoming eligible to withdraw from the Bank. 38.12.3.3 The first ten work days of illness or disability must be covered by the participant’s own sick leave, differential leave, or leave without pay the first time the participant qualifies for a withdrawal from the Bank in conjunction with 8.12.3.11. 8.12.3.4 If a participant is incapacitated, applications may be submitted to the Committee by the Association. 8.12.3.5 Withdrawals from the Bank shall be granted in units of no more than thirty working days. Unit members The maximum will be two thirty-day periods. Participants may apply for an additional thirty-day extension. Participants withdrawal from the bank may not exceed the sixty-day maximum for the same catastrophic illness or injury within a twelve-month period. The twelve-month period begins on the first day of use of catastrophic leave. 8.12.3.6 Participants applying to withdraw or extend their withdrawal from the Catastrophic Leave Bank will be required to shall submit a doctor's ’s statement indicating the nature of the illness or injury serious health condition and the probable length of absence from work. Members of the Committee shall keep all information confidential. 8.12.3.7 If a participant has drawn thirty Bank days and requests an extension, the Committee may require a medical review by a physician of the Committee’s choice at the participant’s expense. The Committee shall keep information regarding choose only a physician who qualifies under the nature District-offered insurance policy. Refusal to submit to the medical review will terminate the participant’s continued withdrawal from the Bank. The Committee may deny an extension of withdrawal from the illness confidentialBank based upon the medical report. 4. In granting of Catastrophic Leave, the Committee shall consider all District compensation available to the employee (e.g. sub differential and income protection) and may grant up to, but no more than, 30 days per year to any individual RVTA member. 5. 8.12.3.8 Leave from the Bank may not be used for illness or disability which qualifies qualify the member participant for workers compensation Workers’ Compensation benefits unless the unit member participant has exhausted all worker compensation Workers’ Compensation leave, their his/her own sick leave, and provided further that the unit member signs over any worker compensation Workers’ Compensation checks for temporary benefits to the EmployerDistrict. If there are any worker compensation Workers’ Compensation checks signed over to the EmployerDistrict, the Bank will not be charged days, or if charged, will be reimbursed the number of days for which the worker compensation Workers’ Compensation payment is equivalent to a regular day of pay at the negotiated rate for that memberparticipant. “Regular day of pay” means the employee’s annual salary divided by the required number of days of service as set forth in the employee’s contractual work year. If the Employer challenges District and/or Workers’ Compensation insurance denies the worker compensation Workers’ Compensation claim, the unit member participant may draw from the Bank, but upon settlement of the claim claim, the Bank shall be reimbursed the days by the EmployerDistrict. 6. If the Catastrophic Leave Bank does not have sufficient days to fund a withdrawal request, the Committee is under no obligation to provide days and the Employer is under no obligation to pay the participant any funds whatsoever. If the Committee denies a request for withdrawal, or an extension of withdrawal, because of insufficient days to fund the request, they shall notify the unit member, in writing, of the reason of denial. 7. Withdrawals shall become effective immediately upon the exhaustion of sick leave.

Withdrawal from the Bank. 1. Catastrophic Leave (a) Bank participants whose who have exhausted all sick leave is exhausted leave, vacation leave, and all other paid leaves may withdraw from the Bank for catastrophic illness or injury. Catastrophic In the case of an employee’s own incapacity, the employee’s extended illness leave under Article XV, Section 15.6 (e.g. differential pay leave) shall run concurrently with all other paid leave entitlements and any catastrophic leave will be utilized in conjunction with differential pay leave, such that the amount of catastrophic leave used for any day of absence shall be limited to that amount which is necessary for the employee to receive a full day’s pay. (b) The unit member must submit to the Joint Committee via the Assistant Superintendent a written application to withdraw days from the Bank. The member must use the appropriate district form and shall state the nature of the catastrophic illness or injury and the estimated number of days requested. The form shall be defined as any accompanied by a written statement signed by a licensed physician that, without disclosing private health information details, verifies the employee has the catastrophic illness or injury. This provision may be waived for unit members who are suffering from a catastrophic illness or injury that incapacitates and have exhausted all paid leaves on the effective date of this Agreement. (c) If the member is incapacitated a unit member request for withdraw may be submitted to the Committee by participant’s agent or a member of the unit member's family for over ten participant’s family. (10d) consecutive duty days which requires Withdrawals from the unit member to take time off work to care for the family member. If a reoccurrence or second illness or injury incapacitates a unit member or a unit member's family within 12 months, it Bank shall be deemed catastrophic after five granted in units of no more than thirty working days (5) consecutive days. 2regardless of a member’s workday). Unit members must use all sick leave available to them before being eligible to withdraw from the Bank. 3Participants may apply for an additional thirty-day extension. Unit members applying to withdraw from the Catastrophic Leave Bank Participant’s requesting an extension of benefits will be required to submit a second doctor's ’s statement indicating the nature of the illness or injury of the unit member or family member and the probable length of absence from work. Participant’s withdrawal from the bank may not exceed a sixty-day maximum for the same catastrophic illness or injury within a twelve-month period. The twelve-month period begins on the first day of use of catastrophic leave. (e) The Committee will notify the applicant of its decision within ten (10) working days of the initial application. Members of the Committee shall keep the information regarding the nature of the illness or injury confidential. 4(f) Hours from the leave bank shall be authorized on a first-come first-served basis. In granting the event the Bank is depleted, no further applications, to use paid catastrophic sick leave, will be granted. (g) Any mental stress-related illness of the Bank member or family member shall be excluded from the benefits of the Catastrophic LeaveLeave Bank. (h) When the Committee may reasonably presume the applicant for a draw may be eligible for a Disability Award or Retirement under PERS, STRS, if applicable, Social Security, the Committee shall consider all District compensation available may encourage the member to apply for disability or retirement. Upon approval of PERS, STRS, or Social Security payments the employee (e.g. sub differential and income protection) and may grant up to, but no more than, 30 unit member’s eligibility for withdrawal of days per year to any individual RVTA member. 5. Leave from the Bank shall cease. (i) This program shall be reviewed annually. The District and CSEA may mutually agree to negotiate appropriate modifications to the program which shall require formal ratification by the Chapter. (j) The provisions of this section shall not be used for illness or disability which qualifies the member for workers compensation benefits unless the unit member has exhausted all worker compensation leave, their own sick leave, and provided further that the unit member signs over any worker compensation checks for temporary benefits subject to the Employer. If there are any worker compensation checks signed over to the Employer, the Bank will not be charged days, or if charged, will be reimbursed the number grievance procedures contained in Article 20 of days for which the worker compensation payment is equivalent to a regular day of pay at the negotiated rate for that member. If the Employer challenges the worker compensation claim, the unit member may draw from the Bank, but upon settlement of the claim the Bank shall be reimbursed the days by the Employerthis Agreement. 6. If the Catastrophic Leave Bank does not have sufficient days to fund a withdrawal request, the Committee is under no obligation to provide days and the Employer is under no obligation to pay the participant any funds whatsoever. If the Committee denies a request for withdrawal, or an extension of withdrawal, because of insufficient days to fund the request, they shall notify the unit member, in writing, of the reason of denial. 7. Withdrawals shall become effective immediately upon the exhaustion of sick leave.

Withdrawal from the Bank. 1. a. Catastrophic Leave Bank participants whose sick leave is benefits are exhausted may withdraw from the Bank for catastrophic illness or injury. Catastrophic illness or injury shall be defined as any illness or injury that seriously incapacitates a the unit member or a member of the unit member's family for over more than ten (10) consecutive duty days which requires and may include, but not be limited to: Traumatic brain injuries, stroke, effects of HIV, heart ailments, paralysis, etc. Stress shall not be deemed a catastrophic illness under this Article; however, physical manifestations of stress may qualify as catastrophic illness, pending a medical review by a physician of the Committee's choice and at the unit member to take time off work to care for the family member's expense, per §19.24.3 (g). If a reoccurrence or a second illness or injury incapacitates a unit member or a unit member's family within 12 twelve (12) months, it shall be deemed catastrophic after five (5) consecutive days. 2b. Unit members who have exhausted their accrued sick leave, but still have differential leave available are eligible for a withdrawal from the CSLB. The District shall pay the unit member full pay and the Bank shall be charged one- half (1/2) day per paid day. Unit members receiving income protection benefits shall be eligible for their daily rate of pay, and the Bank shall be considered a secondary payer. CSLB leave is not intended to extend the 5 school months of extended leave allotted unit members pursuant to Education Code section 44977. Rather, deductions from the bank shall run concurrently with the 5 school months allotted by Ed Code section 44977. c. The first ten (10) days of illness or disability must use all be covered by the unit member's own sick leave, differential leave, or leave available to them before being eligible to withdraw without pay the first time said unit member qualifies for a withdrawal from the Bank. For subsequent withdrawals within the twelve (12) consecutive months, the first five (5) duty days of illness must be covered by the unit member's own sick leave, differential leave, or leave without pay. 3d. If a unit member is incapacitated, applications may be submitted to the Committee by the participant's legal agent or member of the unit member's immediate family. e. Withdrawals from the CSLB shall be granted in units of no more than twenty (20) duty days. Unit members may submit requests for extensions of withdrawals as their grants expire. A unit member's maximum withdrawal from the Bank shall not exceed seventy-five (75) days for the employee's lifetime of employment. f. Unit members applying to withdraw or extend their withdrawal from the Catastrophic Leave Bank CSLB will be required to submit a doctor's statement indicating the nature of the illness or injury and the probable length of absence from work. The CSLB Committee members shall keep information regarding the nature of the illness confidential. Notwithstanding the requirement to maintain the confidentiality of information relative to the nature of a unit member's illness, there shall be no penalty to the Committee or to the District for unintentional disclosures of such information. 4. In granting of Catastrophic Leaveg. If a unit member has drawn twenty (20) CSLB days and requests an extension, the Committee may require a medical review by a physician of the Committee's choice and at the unit member's expense. The Committee shall consider all choose only a physician who qualifies under a District compensation available CalPERS offered insurance policy. Refusal to submit to the employee (e.g. sub differential and income protection) and medical review will terminate the unit member's continued withdrawal from the Bank. The Committee may grant up to, but no more than, 30 days per year to any individual RVTA memberdeny an extension of withdrawal. 5. h. Leave from the Bank may not be used for illness or disability which qualifies the unit member for workers compensation Workers' Compensation benefits unless the unit member has exhausted all worker compensation temporary Workers' Compensation leave, their own sick leave, and provided further that the unit member signs over any worker compensation Workers' Compensation checks for temporary benefits to the EmployerDistrict. If there are any worker compensation Workers' Compensation checks signed over to the EmployerDistrict, the Bank will not be charged days, or if charged, will be reimbursed the number of days for which the worker compensation Workers' Compensation payment is equivalent to a regular day of pay at the negotiated rate for that unit member. If the Employer District challenges the worker compensation Workers' Compensation claim, the unit member may draw from the BankBank but, but upon settlement of the claim, if the claim shall be determined to be valid, the Bank shall be proportionately reimbursed the days by the EmployerDistrict. 6. i. If the Catastrophic Leave Bank CLSB does not have sufficient days to fund a withdrawal request, neither the Committee nor the District is under no obligation to provide days and the Employer is under no obligation to pay the participant any funds whatsoeverdays. If the Committee denies a request for withdrawal, or an extension of withdrawal, because of insufficient days to fund the request, they shall notify the unit member, in writing, of the reason of for the denial. 7. j. Withdrawals shall become effective immediately upon the exhaustion of sick leaveleave or the waiting periods provided for in previous stated sections, whichever is greater. k. Unless specifically allowed by statute, employees shall not be entitled to accrue sick or personal leave during the time they are using leave from the Bank.

Withdrawal from the Bank. 1. a. Catastrophic Leave Bank participants participants, whose sick leave is exhausted exhausted, may withdraw from the Bank for catastrophic illness or injury. Catastrophic illness or injury shall be defined as any illness or injury that incapacitates a unit member the employee for over ten (10) consecutive duty days. Catastrophic illness or injury shall be defined as any illness or injury that incapacitates a member of the unit member's employee’s immediate family for over ten (10) consecutive duty days which requires the unit member employee to take time off work to care for the family membermember for not more than thirty (30) duty days in a school year. If a reoccurrence or a second illness or injury incapacitates a unit an employee or member or a unit member's of the employee’s family within 12 twelve (12) months, it shall be deemed catastrophic after five (5) consecutive duty days. 2. Unit members b. Participants must use all sick leave as defined Article 13.1 of the Certificated Contract available to them before being they are eligible to withdraw for a withdrawal from the Bank. 3c. A minimum of the first ten (10) duty days of illness or disability must be covered by the participant’s sick leave, differential leave, or leave without pay for the first time said participant qualifies for a withdrawal from the Bank. Unit members For subsequent withdrawals within twelve (12) consecutive months, the first five (5) duty days of illness must be covered by the participant’s differential leave, or leave without pay. d. If a participant is incapacitated, applications may be submitted to the Committee by the participant’s agent or member of the participant’s family. e. Withdrawals from the Catastrophic Leave Bank shall be granted in units of no more than ten (10) duty days, with a limit of thirty (30) duty days per year. f. Participants applying to withdraw or extend their withdrawal from the Catastrophic Leave Bank will be required to submit a doctor's statement from the treating physician indicating the nature of the illness or injury and the probable length of absence from work. The Members of the Committee shall keep information regarding the nature of the illness confidential. 4. In granting of g. If a participant has withdrawn less than thirty (30) Catastrophic LeaveLeave Bank days and requests an extension, the Committee shall consider all District compensation available may require a medical review by a physician of the Committee’s choice at the participant’s expense. Refusal to submit to the employee (e.g. sub differential medical review will terminate the participant’s continued withdrawal from the Bank. The Committee may deny an extension of withdrawal from the Catastrophic Leave Bank based upon the medical review and income protection) and may grant up to, but no more than, 30 days per year to any individual RVTA memberrecommendation. 5. h. Leave from the Bank may not be used for illness or disability which qualifies the member participant for workers compensation benefits unless Worker’s Compensation benefits. i. When the unit member has exhausted all worker compensation leave, their own sick leave, and provided further Committee may reasonably presume that the unit member signs over any worker compensation checks applicant for temporary a draw may be eligible for a Disability Award, a Retirement, or vacation days under PERS or, if applicable, Social Security, the Committee may request that the draw applicant apply for disability or retirement. Failure of the draw applicant to submit a complete application including medical information provided by the applicant’s physician, within twenty (20) calendar days will disqualify the draw applicant from further Catastrophic Leave Bank payments. Any request for additional medical information from STRS or Social Security shall be submitted within ten (10) days or the participant’s entitlement to Catastrophic Leave Bank payments will cease. If denied benefits by STRS or Social Security, the applicant must appeal or entitlement to the Employer. If there are any worker compensation checks signed over to the Employer, the Bank will not be charged days, or if charged, will be reimbursed the number of days for which the worker compensation payment is equivalent to a regular day of pay at the negotiated rate for that member. If the Employer challenges the worker compensation claim, the unit member may draw from the Bank, but upon settlement of the claim the Catastrophic Leave Bank shall be reimbursed the days by the Employercease. 6. j. If the Catastrophic Leave Bank does not have sufficient days to fund a withdrawal request, the Committee is under no obligation to provide days and the Employer District is under no obligation to pay the participant any funds whatsoever. If the Committee denies a request for withdrawal, withdrawal (or an extension of withdrawalreapplication), because of insufficient days to fund the request, they shall notify the unit memberparticipant, in writing, of the reason of for the denial. 7. k. Withdrawals shall become effective immediately upon the exhaustion of sick leaveleave or the waiting periods provided for in Section B.3 and B.4, whichever is greater, for example, if a participant contributed when first eligible to contribute (Section B.3) and had 10 days of accumulated sick leave when the illness began (Section C.3), he/she shall begin withdrawing upon the eleventh (11th) duty day if otherwise eligible. If the participant had fifteen (15) days of sick leave at the beginning of the illness, he/she shall begin withdrawing days on the sixteenth (16th) duty day. If the participant had five (5) days of sick leave at the beginning of the illness, he/she shall begin withdrawing days on the eleventh (11th) duty day. l. Catastrophic Leave shall not begin until receipt of written approval from the Committee. m. The decision of the Committee is final and binding upon the participants. n. While on approved Catastrophic Leave, if the employee has an unforeseen emergency situation where they need time off for themselves or a member of the employees family, the employee would be able to utilize the Catastrophic Leave days approved for the employee as they are already experiencing a Catastrophic event. This is not a reoccurrence or second Catastrophic event as explained in section 4.11.3 a.