Personal Illness and Injury Leave 10.1.1 Full-time bargaining unit members shall be entitled to ten (10) days leave with full pay for each school year for purposes of personal illness or injury. Bargaining unit members who work less than full-time shall be entitled to that portion of the ten (10) days leave as the number of hours per week of scheduled duty relates to the number of hours for a full-time bargaining unit member in a comparable position.
10.1.2 After all earned leave as set forth in 10.1.1 above is exhausted, additional non-accumulated leave shall be available for a period not to exceed five (5) school months, provided that the provisions of 10.1.4 below are met. The amount deducted for leave purposes from the bargaining unit member's salary shall be the amount actually paid a substitute employee employed to fill the position during the leave, or, if no substitute is employed, the amount which would have been paid to a substitute. The five-month period shall begin on the eleventh (11) day of absence due to illness or injury.
10.1.3 If a bargaining unit member does not utilize the full amount of leave as authorized in Article
10.1.1 above in any school year, the amount not utilized shall be accumulated from year to year.
10.1.4 Upon request by District management, a bargaining unit member shall be required to present a medical doctor's certificate verifying the personal illness or injury and/or a medical authorization to return to work. If the illness or injury exceeds twenty (20) consecutive days, the District may require a certified medical specialist to visit the bargaining unit member and make all necessary inquiries in order to be fully informed as to the nature and severity of the illness or injury, and to report such findings to the Superintendent or designee. If the report concludes that the absence is not due to personal illness or injury, or that the illness is not sufficiently severe to warrant continued absence, then the Superintendent or designee, after notice to the bargaining unit member, may refuse to grant such a leave. If requested by the District management to furnish a medical doctor's authorization, bargaining unit member shall submit said authorization upon returning to work.
10.1.5 Whenever possible, a bargaining unit member must contact the designated District Office personnel as soon as the need to be absent is known, but no later than ninety (90) minutes prior to the bargaining unit member's starting time, in order to permit the employer time to secure a substitute. Failure to provide adequate notice may be grounds for denial of leave with pay.
10.1.6 A bargaining unit member who is absent for one-half day or less may have deducted one-half day from the accumulated leave; and if the absence exceeds more than one-half day, a full day may be deducted from accumulated leave.
10.1.7 A bargaining unit member may not be allowed to return to work and may be required to pay the cost of the substitute secured if the bargaining unit member fails to notify the District of the bargaining unit member's intent to return to work prior to the close of the bargaining unit member's preceding workday, and such failure results in a substitute being secured.
10.1.8 Each bargaining unit member may request notification of the accumulated leave by September 30th of each school year.
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.
Personal Illness Employees may use accumulated sick leave for hours off due to personal illness. The employee may be required to furnish a medical certificate from a qualified physician as evidence of illness or physical disability in order to qualify for paid sick leave as per District practice. Accumulated sick leave may also be granted for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc.
Industrial Accident and Illness Leave For accidents or illnesses that are job- incurred, unit members shall be provided leave benefits under the following provisions:
12.6.1 Allowable leave shall be sixty (60) days during which the colleges of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.
12.6.2 Allowable leave shall not be accumulated from year to year.
12.6.3 Industrial accident or illness leave shall commence on the first (1st) day of absence.
12.6.4 When a faculty member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase, "full salary," as utilized in this section, shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
12.6.5 Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
12.6.6 When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
12.6.7 Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87780, 87781 and 87786, and for the purposes of each of these sections his/her absence shall be deemed to have commenced on the date of termination for the industrial accident or illness leave, provided that if the unit member continues to receive temporary dis- ability indemnity, he/she may elect to take as much of his/her accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to him/her of not more than his/her full salary.
12.6.8 During any paid leave of absence, the unit member may endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary, and shall deduct normal retirement, other authorized contributions, and the temporary disability indemnity, if any, actually paid to, and retained by, the employee for periods covered by such salary warrants.
12.6.9 Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Governing Board authorizes travel outside the state.
12.6.10 When all available leaves of absence have been exhausted and the unit member is not medically able to return to all the duties of his/her prior assignment, the District shall provide first (1st) priority in assigning such a person into classes where his/her disability, in the discretion of the District, does not hinder the performance of the duties required of him/her if he/she is otherwise qualified. With mutual agreement with the unit member, the District may also assign an employee into a position that can reasonably accommodate his/her performance of duties required by the position, despite his/her disability, prior to the exhaustion of leave of absence.
Personal/Carer’s Leave 18.1 Entitlement to paid personal/carer’s leave
a) Paid personal leave will be available to an Employee (other than casual Employees) when they are absent due to:
(i) personal illness or injury (sick leave); or
(ii) for the purposes of caring for an immediate family or household member who is sick and requires the Employee's care and support (carer's leave).
b) The amount of personal leave to which an Employee is entitled is as follows:
(i) Upon commencement of employment Employees will automatically be credited with 5 days Personal and/or Xxxxx’s leave. After 6 months of employment, the leave will begin to accrue progressively up until it reaches 10 days at the conclusion of 12 months employment.
(ii) Once the Employee has completed one year of continuous employment, the Employee shall be credited with a further ten days personal leave entitlement at the beginning of the Employee's second and subsequent year, which subject to clause 18.1(f) hereof, shall commence on the anniversary of engagement.
c) In any year unused personal leave accrues.
d) An Employee will inform the Company of the Employee's inability to attend for duty, and need to take personal leave, as soon as practicable.
e) An Employee shall prove to the Company's satisfaction that the Employee’s Personal/Xxxxx’s leave is/was justified. Such evidence may be a medical practitioner’s certificate, or a statutory declaration. An Employee will not be required to provide such evidence for single days of absence but only where two or more consecutive days of absence are taken.
f) If an Employee’s employment is terminated by the Company and is re-engaged within a period of six months, then the Employee's unclaimed balance of sick leave shall continue from the date of re-engagement. In such case the Employee's next year of service will commence after a total of twelve months has been served with that Company excluding the period of interruption in service from the date of commencement of the previous period of employment or the anniversary of the commencement of the previous period of employment, as the case may be.
g) Unpaid carer’s leave will be in accordance with the NES.
18.2 Immediate family or household
a) The entitlement to use personal leave for the purpose of carer's or compassionate leave is subject to the person being either:
(i) a member of the Employee's immediate family; or
(ii) a member of the Employees' household.
b) The term immediate family includes:
(i) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the Employee; or
(ii) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the Employee.
Personal Illness or Disability The bargaining unit member may use all or any portion of his/her leave to recover from his/her own illness or disability, or for the illness or disability of any member of his/her immediate family as defined below, which shall include all disabilities caused or contributed to by pregnancy, miscarriage, childbirth and recovery.
Family Medical Leave or Critical Illness Leave a) Family Medical Leave or Critical Illness leaves granted to a permanent teacher, long-term occasional teacher or teacher hired into a term position under this Article shall be in accordance with the provisions of the Employment Standards Act, as amended.
b) The teacher will provide to the employer such evidence as necessary to prove entitlement under the Employment Standards Act.
c) A teacher contemplating taking such leave(s) shall notify the employer of the intended date the leave is to begin and the anticipated date of return to active employment.
d) Seniority and experience continue to accrue during such leave(s).
e) Where a teacher is on such leave(s), the Employer shall continue to pay its share of the benefit premiums, where applicable. To maintain participation and coverage under the Collective Agreement, the teacher must agree to provide for payment for the teacher’s share of the benefit premiums, where applicable.
f) In order to receive pay for such leaves, a teacher must access Employment Insurance and the Supplemental Employment Benefit (SEB) in accordance with g) to j), if allowable by legislation. An employee who is eligible for E.I. is not entitled to benefits under a school board’s sick leave and short term disability plan.
g) The Employer shall provide for permanent teachers, long-term occasional teachers and teachers hired into a term position who access such Leaves, a SEB plan to top up their E.I.
Extended Personal Leave Leave without pay for up to one (1) year may be granted to a teacher provided said teacher has been actively employed for five (5) continuous contract years preceding the granting of this leave and has not been granted an extended part-time leave within that period. Application for said leave shall include a statement indicating the purpose of the leave and shall be submitted, except in unusual circumstances, as determined by the District, thirty (30) days prior to the date the leave is to commence.
Personal Harassment Harassment means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment can be either psychological or physical or it can be a combination of both. It is any behaviour, whether deliberate or negligent, which denies individuals their dignity and respect, is offensive, embarrassing or humiliating to the individual and adversely affects the working environment.
Personal Leave With Pay Full-time employees who are eligible to accrue sick leave may use up to a maximum of six days personal leave with pay per year provided that such days shall be charged against the employee's currently accrued sick leave. This leave is non-cumulative.
