LAUSD/UTLA CONTRACT

Article XII     Leaves and Absences

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Most questions referred to Certificated Personnel are regarding the 5 types of leaves listed.  Click on the title of the leave to go to the corresponding contract section.

[ILLNESS]  [PERSONAL]
[PREGNANCY] [FAMILY CARE] [CHILD CARE]

   

                        1.0       Leave and Absence Defined:  A leave is an authorized absence from active service granted to probationary or permanent employees, for a specified purpose and period of time, with the right to return to active service unless the employee's service would have otherwise been terminated.  All other employees, except for those excluded in Section 2.0 below may qualify for absences but not leaves.  Leaves are either "permissive" or "mandatory."  As to permissive leaves, the term "may" is used and the District retains discretion as to whether they are to be granted, and as to the starting and ending dates of the leave. As to mandatory leaves the term "shall" is used and the District has no discretion as to whether the leave is to be granted to a qualified employee.  The term "formal leave" refers to any leave of more than twenty days in duration.  Formal leaves must be applied for in writing using the District form.

 

                        2.0            General Eligibility Provisions:   Probationary and permanent employees shall be eligible for certain paid and unpaid leaves.  Other employees serving under written contracts of employment may qualify for such leaves if provided for in their contracts.  All other employees, including substitutes, may qualify for certain paid or unpaid absences with no right to return, but are not eligible for leaves except for family care and medical leave, if eligible.  All other employees, including substitutes, may qualify for certain paid or unpaid absences with no right to return, but are not eligible for leaves except for family care and medical leave, if eligible.

 

                        2.1            Subject to the restrictions specified in Article XIX, a day-to-day substitute or temporary employee may be paid for certain absences as specified in this Article, provided the employee was serving and not released at the close of the working day immediately preceding the day for which paid absence is requested; and the paid absence shall cease with either the return to service of the absent employee whom the day-to-day substitute was replacing or with the end of the projected assignment, whichever occurs first.  However, such restrictions shall not apply in the case of pregnancy  disability (Section 10.2) or industrial injury absences (Section 13), or family care and medical leave (Section 24).

 

                        3.0            Rights Upon Return:  Any employee returning from the leaves listed in this section of one calendar year or less shall be returned to the location from which leave was taken, except that the employee may be transferred pursuant to Article XI, Transfers, if such a transfer would have been made had the employee been on duty.  Such return rights are limited to the following leaves:

 


                        a.            illness

 

                        b.            industrial injury

 

                        c.            reduced workload

           

                        d.            pregnancy

           

                        e.            exchange

 

                        f.            sabbatical

 

                        g.            family care and medical leave of 60 working days or less

 

                        h.            any leave in which the employee was replaced by a substitute             teacher (including a contract pool teacher working in a substitute capacity)

 

                        i.            child care leave immediately following pregnancy leave, birth             or adoption, but only for the balance of the semester or track, e.g., (July 1-December 31 and January 1-June 30) in which the child care leave commenced; and only if the combined pregnancy leave and child care leave does not exceed two semesters.  As an exception that the child care leave must immediately follow pregnancy leave, birth, or adoption for return rights, the family care and medical leave may interrupt that sequence.  However, each leave must immediately follow the other and the child care leave will be granted only for the balance of the semester or track in which the child care leave commenced.  In addition, the combination of the leaves shall not exceed two semesters. 

 

Employees returning from leaves other than as provided above may be subject to transfer pursuant to Article XI.

 

                        4.0            Restrictions:  An unpaid leave or absence may not be converted to a paid leave or absence, except in the case of pregnancy disability as provided in Section 10.2 of this Article.  No employee shall be eligible for a permissive leave from the District who has had three semesters of permissive leave during the six semesters immediately preceding the requested leave, except as provided in Section 11.0, 17.0 and 21.0.  For purposes of this Section, 65 working days per semester on leave shall constitute a semester on leave.  The Superintendent may, in his sole discretion, grant a waiver from this limit, for one semester.  For Children's Center and other employees not assigned on the usual semester basis, the semester period shall be computed as being one-half of the

 

 

normal annual assignment and the 65 working days shall be proportionately adjusted.

 

                        5.0            Application:  Applications for permissive leaves of absence must be submitted on or before the dates established by this Article.  Exceptions may be made in the sole discretion of the District.  Applications for informal permissive absences not to exceed five days shall be submitted for approval to the immediate administrator.  Applications for informal permissive absences in excess of five days shall be made to the immediate administrator and must be approved by the appropriate Cluster Administrator or branch/division head.

 

                        5.1            For continuous programs (Year-round, Children's Center, etc.), the deadline for leave applications, unless otherwise provided, shall be April 15 for all leaves commencing during the period July 1 through December 31 and November 15 for all leaves commencing during the period January 1 through June 30.

 

                        6.0            Notification Requirements:  Unless otherwise provided in this Article, an employee who intends to be absent for 20 working days or less must make every reasonable effort to notify the appropriate substitute office not later than 6:30 a.m. on the day of absence and notify the school or section to which assigned not later than 30 minutes before the schedule begins on the day of absence.  Hourly rate employees must notify the school or center not later than one hour before the employee's class meets.  When the absence is to be for one day only, employees may, when reporting the absence to the school or center, also give notice on intended return for the following day.  All other employees returning to service must notify the school or section at least one hour before the end of the regular working day on the day before the day of anticipated return.  If such notification is not given and both the employee and substitute report for duty, it is only the substitute who is entitled to work and be paid.  Notification requirements for an approved family care and medical leave shall be in accordance with Section 24.4 of this Article and Government Code Section 12945.2.

 

                        7.0            Cancellation of Leave:  A request by an employee for cancellation of a leave or for cancellation of a request for a leave shall be granted unless an employee other than a day-to-day substitute has been assigned to fill the employee's position at the site.  Exceptions may be made in the sole discretion of the District.  The appropriate required credential or permit held at the time the leave was granted must be maintained, or the leave terminates and the employee is subject to termination.  The employee shall be so notified.

 

 

 

 

                        8.0            Expiration of Leave:  Two calendar months before the expiration of a leave for one semester or more, and upon reasonable notice from the District, the employee must notify the Personnel Office of an intention to return, or request an extension of leave, if eligible.  Failure by the employee to give such notice, or to report to duty as directed after having given such notice, shall be considered abandonment of position and resignation from service.  An exception to this provision or requirement shall be made if it was impossible for the employee to give the required notice.  In the case of an early return from family care and medical leave, if the employee informs the District of a desire for early return the District will, if feasible, return the employee to service within two working days after the employee notifies the District of the request to return.

 

                        9.0            Bereavement (Paid):  An employee is entitled to a paid leave/absence from the District, not to exceed three days, on account of the death of a member of the employee's immediate family if acceptable proof of death and relationship is provided and the leave/absence commences within ten calendar days of the death.  If more than one such death occurs simultaneously, the leaves may be taken consecutively.  If out of state travel is required and requested, an additional two days shall be granted.  The immediate family is defined as the following relatives of the employee:

 

                        a.            Spouse or, for purposes of this Leaves Article only, a             cohabitant who is the equivalent of a spouse

 

                        b.            Parent (includes in-law, step and foster parent, and parent of             cohabitant who is the equivalent of spouse)

 

                        c.            Grandparent (includes in-law, step, and a grandparent of             cohabitant who is the equivalent of spouse)

 

                        d.            Child (includes son/daughter-in-law, step and foster child,             and child of cohabitant who is the equivalent of spouse)

  

                        e.            Grandchild (includes grandchild of spouse, step grand-             children, and grandchildren of cohabitant who is the equivalent of spouse)

 

                        f.            Brother

 

                        g,            Sister

 

                        h.            Any relative living in the employee's immediate household

 

 

 

                        10.0            Pregnancy and Related Disability (Paid and Unpaid):

 

                        10.1            Paid Disability Absence:  For that period of time during which the employee (including temporaries and substitutes) is physically disabled and unable to perform her regular duties due to pregnancy, miscarriage, childbirth and recovery therefrom, she shall be permitted to utilize her illness absence pursuant to Section 12.0 of this Article.

 

                        10.2      Optional Unpaid Portion:  A pregnant employee in active status shall, upon request, be granted an unpaid pregnancy leave (or, in the case of substitutes or temporaries, an unpaid absence) and still qualify for paid absence

 

during the period of disability.  This is the only exception to the general rule that paid leaves may only be taken from active status.

 

                        10.3            Physician Certifications:  A pregnant employee shall be permitted to continue on active duty until such date as she and her physician determine that she must absent herself due to pregnancy disability, provided that she can and does continue to perform the full duties and responsibilities of her position.  The employee must also supply to the District her physician's certification as to the beginning and ending dates of actual pregnancy-related disability for which paid illness absence is claimed, and her physician's release to return to active duty. District forms for such certifications, and application forms, shall be available at each site.

 

                        11.0            Child Care (Unpaid):  An unpaid leave shall be granted to a permanent employee to care for such employee's own (including adopted) child of under five years of age.  The leave, together with any renewal thereof, shall not exceed the equivalent of four semesters in duration.

 

                        11.1            A probationary employee shall be granted an unpaid child care leave immediately following the pregnancy leave, birth or adoption, for the balance of the semester (or equivalent period of time in a year-round school, e.g., July 1-December 31 and January 1-June 30) in which the child care leave commenced. The combined pregnancy leave and child care leave shall not exceed two semesters.  As an exception that the child care leave must immediately follow pregnancy leave, birth, or adoption for return rights, the family care and medical leave may interrupt that sequence.  However, each leave must immediately follow the other and the child care leave will be granted only for the balance of the semester or track in which the child care leave commenced.  In addition, the combination of the leaves shall not exceed two semesters.

 

                        11.2            Application may be submitted at any time but must be on file in the Personnel Office by April 15 for the fall semester and by November 15 for the spring semester.  Starting and ending dates may be adjusted by the District to meet educational program needs, except in the case of the starting date for a child care leave which begins immediately after pregnancy leave or family care and medical  leave.

                       

                        11.3            Child care leaves of limited duration have return rights as provided in Section 3.0 of this Article.

 

                        12.0            Illness (Paid):  An employee shall be granted a leave of absence because of illness, or injury, or quarantine of the employee.

 

                        12.1            Subject to the restrictions specified in Article XIX, each employee shall accrue 0.05 hour of full-pay illness absence credit for each hour for which salary is received in a certificated assignment except for Auxiliary Teacher, Replacement Teacher, an assignment for which a lump-sum payment is or could be received, or salary received for sabbatical leave.

 

                        12.2            At the beginning of the pay period immediately preceding July 1, each active employee (excluding substitute and temporary) who is under contract (including temporary contract) for a full school year, who has accrued fewer than the number of full-pay illness absence hours equivalent to 100 days shall be credited with the number of half-pay illness absence days which, when added to the accrued full-pay illness absence days equals the equivalent to 100 days of full and half-pay illness absence days.

 

                        12.3      At the beginning of the pay period immediately preceding July 1, each active employee (excluding substitute and temporary) shall receive credit for full-pay illness absence hours up to ten days (pro-rated for those employed for less than a full school year) prior to accrual. However, an employee who uses such a credit prior to actual accrual shall not accrue or be credited with additional absence hours until the negative balance has been restored.  A full-time active employee assigned to a Concept 6 (including modified) school shall be credited with full-pay illness hours equivalent to ten Concept 6 days.

 

                        12.4            An exception to the "active employee" requirement of Sections 12.2 and 12.3 will be made upon request once in each employee's career to permit qualification for the annual full and half-pay illness absence hours, even though the employee is unable to report to work at the commencement of the employee's annual assignment basis due to illness, provided the following conditions are met:

 

                        a.            The employee holds probationary or permanent status.

 

                        b.            The employee did not carry over any full pay illness hours from     the previous year.

 

                        c.            The employee has on file an illness leave request satisfying the             requirements of Sections 12.8 and 12.9.

 

                        12.5            If an employee is paid for more than the illness absences to which entitled, or terminates employment prior to accruing leave taken in advance, the employee shall be required to refund to the District the salary to which not entitled.  This requirement shall be waived in the event of the employee's death or physical or mental disability.

 

                        12.6            Unused full-pay illness absence credit shall be cumulative from year to year without limitation.  Half-pay illness credit shall not be cumulative from year to year.

 

                        12.7            When an employee is absent under this section and such absence is properly verified, the employee will receive full normal pay up to the total of the employee's full-pay illness benefits.  Full-pay illness benefits shall be used before available half-pay benefits may be used.  Additional days of illness absence will be at half pay up to the total of half pay days credited if available.  Further illness absence shall be non-paid absence, unless the employee requests use of any accrued vacation.  The amount of illness absence taken in any pay period shall not be in excess of the illness absence accumulated by the close of the pay period immediately preceding the illness absence, except as provided in paragraph 12.3. Pay for absence shall not be made in increments of less than .3 hours (18 minutes).

 

                        12.8            An employee who is absent shall be required to certify the reason for absence.  Also, the District shall have the authority to use whatever means are reasonably necessary to verify any claimed illness, injury, or disability under this section before authorizing any compensation.

 

                        12.9            An employee absent from duty for any illness, injury, or other disability for more than 5 consecutive working days shall be required to submit either the Certification of Illness or Injury Card (Form 60.82) completed by the attending physician or a statement from the attending physician on letterhead attached to Form 60.82.  Form 60.82 shall be signed by the employee.  An employee absent for more than 20 consecutive working days shall be required to submit a formal leave request and an "Attending Physician Statement" form.

 

                        12.10            If a permanent employee resigns and returns within 39 monthsof the last date of paid service to permanent status, the number of hours for which the employee was entitled to full-pay illness absence shall be restored, unless such had been transferred to another agency or used in computation of retirement allowance.  Any other employee who resigns or is otherwise terminated and returns within 12 calendar months of the last date of paid service, shall be restored the number of hours of full-pay illness absence to which entitled, unless such has been transferred to another agency.

 

                        12.11            Catastrophic Illness Leave Program:  The District and UTLA shall  jointly study the feasibility of establishing a catastrophic illness leave program pursuant to which employees could donate sick leave credits to eligible applicant employees.  The study shall be targeted for completion by January 15, 1993.  At that time the study team shall prepare a joint report detailing the results of this study.  This catastrophic illness leave study shall then be brought back to negotiations for the next collective bargaining agreement.

 

                        13.0            Industrial Injury or Illness Paid:  An employee who is absent from District service because of an injury or illness which arose out of and in the course of employment, and for which temporary disability benefits are being received under the worker's compensation laws, shall be entitled to a paid absence or leave under the following conditions:

 

                        a.            Allowable leave/absence shall be for up to 60 working days     for the same injury or illness.

 

                        b.            Allowable paid leave/absence shall not be accumulated from     year to year.

 

                        c.            An employee absent under this section shall be paid such             portion of the salary due for any school month in which the absence occurs as, when added to the temporary disability indemnity under Division 4 or Division 4.5 of the Labor Code, will result in a payment of not more than the employee's full normal salary.  For substitutes and limited term employees, full normal salary shall be computed so that it shall not be less than the employee's average weekly earnings as utilized in Section 4453 of the Labor Code.  For purposes of this section the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.

 

                        d.            When an authorized leave/absence continues into the next             school year, the employee shall be entitled to only the amount of unused leave/absence due for the same illness or injury.

 

                        e.            Each employee who has received a work-related injury or             illness which requires medical attention or absence from work for more  than the day of the occurrence, must complete a written report of injury on a form to be provided by the District.  This written report  must be submitted to the immediate administrator within two working  days after occurrence if the employee is physically able to do so.  The site administrator shall, as a result of an investigation, complete the Employer's Report of Occupational Injury or Illness, and shall attach the employee's report thereto.  The employee must also report as soon as possible for examination and treatment by a physician who is on the District's Emergency Medical Panel.  When the  employee files the report of injury or illness, the site administrator shall notify the UTLA Chapter Chairperson of the reported injury unless the employee requests that the matter not be so disclosed.  Also, if the employee reports or alleges that the injury arose out of an act of violence, the administrator shall report the incident to the School Police.

 

                        f.            If the employee was physically injured during an act or acts of             violence related to and during the performance of assignment duties, then the leave of absence may be extended beyond the initial 60 day period.  In order to qualify for such an extension the employee must have (1) notified the site administrator and appropriate law enforcement authorities within 24 hours of the incident if the employee was physically able to do so; (2) completed the employee's written report and reported for treatment as required in e. above; (3) reported, as soon as it becomes evident that an extension is to be requested, for a physical examination by the employee health coordinator and received approval as a result of such examination; and (4) applied in writing to the District for such an extension, using a District form.  Such application should be filed with the immediate administrator as soon as the employee sees the need for such an extension, so that the District has adequate time to review and process the claim prior to the effective date of the leave extension.  Determination whether the injury was the result of an act of violence, and whether the act of violence was related to and during the performance of duties, shall be made in the reasonable judgment of the immediate administrator.  Determination whether the injury is disabling beyond the 60 day period shall be made in the reasonable medical judgment of the employee health coordinator.  An employee may be required during the extended period to be evaluated by the employee health coordinator at any time.

 

                        g.            Employees covered under Section f. shall have the right             to be transferred to the next appropriate opening available in the same or adjacent geographic region.

 

 

                        13.1            Upon exhaustion of the above-authorized industrial injury absence benefits, the employee shall be permitted to utilize accrued illness benefits or vacation benefits, if any.  If the employee continues to receive temporary disability indemnity, the employee shall be paid for any illness and vacation benefits which, when added to the temporary disability indemnity, will result in a payment of not more than full normal salary.

 

                        13.2            An employee absent under this section shall remain within the State of California unless the District authorizes the travel outside the State.

 

                        14.0           Personal Necessity Leaves or Absence (Paid):  Subject to the limits set forth below, an employee shall be granted a paid personal necessity leave when the gravity of the situations described below require the personal attention of the employee during assigned hours of service:

 

                        a.            Death of a close friend or relative not included in the definition             of immediate family (as used in this section, the term  "immediate family" shall be as defined in Section 9.0 of this Article);

 

                        b.            Death of a member of the employee's immediate family, when             time in excess of that provided in Section 9.0 of this Article is  required;

 

                        c.            Serious illness of a member of the employee's immediate              family;

 

                        d.            Accident involving the employee's person or property or the             person or property of a member of the employee's immediate family;

                        e.            Birth of a child of the employee, or adoption of a child by             the employee (includes child of cohabitant who is the equivalent of a             spouse);

           

                        f.            Religious holiday of the employee's faith;

 

                        g.            Imminent danger to the home of the employee occasioned by             a disaster such as flood, fire, or earthquake;

 

                        h.            An appearance of the employee in court as a litigant.  Each             day of necessary attendance as a litigant must be certified by the  clerk of the             court.  The employee must return to work in cases where  it is not necessary             to be absent the entire day;

 

                        i.            An appearance of the employee in court or governmental             agency as a non-litigant witness under subpoena:

 

                                    (1)            Each day of necessary attendance as a witness must                                          be certified by an authorized officer of the court or other                                        governmental jurisdiction;

 

                        (2) In any case in which a witness fee is payable, such fee shall be collected by the employee and remitted to the Accounting and Disbursements Division; and

 

                        (3) The employee must return to work in cases where it is  not necessary to be absent the entire day;

 

                        j.            Conference or convention attendance pursuant to Section 19.0             of this Article;

 

                        k.            Attendance at the classroom of the employee's own child or             ward and meeting with the school administrator because of suspension as required by Section 48900.1 of the Education Code;

 

                        l.            Up to four hours of paid personal necessity leave and up to             thirty six (36) additional hours of accrued vacation or unpaid leave not to exceed a total of (8) hours per calendar month,  forty (40) hours per school year for attendance at the school of the employee's own child, ward, or grandchild for purposes of a school activities leave provided by Section 230.8 of the Labor Code.  The employee must notify the immediate administrator at least five working days prior to the absence.  The administrator or designee and employee must agree on the date and time of the leave and the employee must provide written verification from the school visited, upon request of the administrator or designee.

 

                        14.1            The following limits and conditions are placed upon allowing a personal necessity leave or absence:

 

                        a.            The total number of days allowed in one school year for such             leave shall not exceed six days per school year for a probationary, permanent or provisional contract employee, or, subject to the restrictions specified in Article XIX, three days per school  year for a day-to-day substitute employee.

 

                        b.            The days allowed shall be deducted from and may not exceed the number of days of accrued full-pay illness leave to which the employee             is entitled.

 

                        c.            The personal necessity leave shall not be granted during a             strike, demonstration or any work stoppage.

 

                        d.            The employee shall be required to verify the nature of such             necessity.  Such statement shall be filed with the appropriate administrator             no less than five working days in advance of a religious holiday, court appearance or school visitation.  The immediate administrator shall take whatever steps reasonably necessary to become satisfied that a personal necessity within the limits of this section did exist.

 

                        15.0            Sabbatical Leave (Paid):  A permanent employee shall be granted a sabbatical leave of absence for up to one year for the purpose of permitting study or travel by the employee which will benefit the schools and students of  the District under the following conditions:

 

                        a.            The allocated number of sabbatical leaves shall be:  For

1995-96, 1996-97 and 1997-98, none.

 

                        b.            The employee must have rendered satisfactory certificated             service for at least seven consecutive years (of at least 130 full days of paid time) immediately preceding the effective date of the leave, not more than two of which may be in substitute status, unless the District in its discretion waives such requirement;

 

                        c.            The employee must sign an agreement to study or travel             according to a plan acceptable to the District;

 

                        d.            The employee must agree to receive one-have of the applicable             basic salary (excluding extra assignments) less appropriate deductions;

 

                        e.            The employee must agree to render certificated service in             permanent and paid status immediately following the leave which is equal to twice the length of the leave during a period not to exceed four times the length of  the leave.   An indemnity bond satisfactory to the District is required to assure such performance; and

 

                        f.            The employee shall reimburse the District for the cost of the             sabbatical salary and benefits in the event of non-compliance with any of the

 

 

sabbatical regulations except for reason of death or physical or mental disability.                    

 

                        15.1            Sabbatical leave applications shall be filed by April 15, and once approved under paragraph 15.0 c. shall be considered on a priority basis; if more employees request sabbatical leaves for any school year than there are funds budgeted, the employees with the most complete semesters served in the District (or served since the last sabbatical, whichever is applicable) shall be granted the leave.  If a tie develops, the employee with the lower seniority number established in accordance with Article XI, Section 6.2 shall be granted the leave.  For purposes of determining priority, the second period of a split sabbatical leave shall be considered a continuation of the first period.  The first round of successful applicants shall be notified by June 1.  There shall be prompt notification of subsequent approvals resulting from cancellations after the first round.  However, if the employee would have been selected, and, as the result of the cancellation has already begun service for the Fall semester, that employee shall not be selected but shall have a priority for the Spring semester.  This priority shall not extend to the next school year.

 

                        15.2            Interruption of the program of study or travel caused by serious injury or illness shall not be considered a failure to fulfill the conditions of study or travel upon which such leave is granted, nor shall interruption affect the amount of compensation to be paid such employee under the terms of the leave agreements, provided:

 

                        a.            Notification of illness is given to the Personnel Division by             means of registered or certified letter; and

 

                        b.            Written evidence verifying the interruption of the travel or study             due to illness is filed with the assignment office.  A sabbatical leave cannot be changed to an illness leave before the expiration date of the sabbatical leave.

 

                        15.3            Involuntary call to active military service will justify the conversion of a sabbatical leave to a military leave without jeopardy to sabbatical salary already received.

 

                        15.4            An employee who fails to complete all of the requirements of the sabbatical leave due to illness in the family or other causes beyond the employee's control may receive compensation on a prorated basis if a portion of the requirements is completed.

 

                        15.5            If a sabbatical leave is cancelled pursuant to Section 7.0 of this Article, the following terms shall be applicable:

 

                        a.            The leave may be converted to personal leave effective with             the beginning date of the sabbatical leave; but sabbatical rights will be             forfeited for the year following the year of cancellation;

 

                        b.            An employee who cancels a sabbatical leave may request a             return to duty.  Upon return to duty the employee may be assigned             temporarily to another site at the discretion of the District, but shall retain return rights (see Section 3.0) at the end of the originally scheduled sabbatical leave; and

 

                        c.            An employee may apply for an exemption from any provision             of this section on grounds that an emergency exists, and the Superintendent may thereupon waive any part of this section to permit the employee to return to service in the District without loss of sabbatical rights, but any sabbatical salary received must be refunded.

 

                        16.0            Exchange Leave:   An exchange leave shall be granted to a permanent employee in accordance with an agreement entered into by the employee and District under applicable provisions of the Education Code. Applications must be filed with the Personnel Division by October 15 for leaves to be taken during the following year.  Return rights to the previous work site shall be the same as for sabbatical leaves.

 

                        17.0            Personal Leave (Unpaid):  An unpaid leave shall be granted to a permanent employee for a period not to exceed 52 consecutive calendar weeks, except as provided below, for a specific personal reason satisfactory to the District, including but not limited to the following:

                       

                        a.            To be with a member of the immediate family who is ill             (see Section 9 of this Article for the definition of the immediate family);

 

            b.            To accept an opportunity of a superior character which will result in the employee rendering more effective service on return to the District;

 

                        c.            To rest, subject to the approval of the employee health             coordinator;

 

                        d.            To accompany spouse, or a cohabitant who is the equivalent             of a spouse, when change of residence is required;

 

                        e.            To pursue a program of study in residence in an approved             institution of higher learning or under a fellowship foundation approved by the State Board of Education;

 

                        f.            To serve as a State Legislator--such leave shall be renewed             annually during tenure of office, the above limitation notwithstanding;

 

                        g.            To serve in an elective position in the city, county, state, or             federal government, other than the State Legislature.

 

Applications may be submitted at any time but must be on file in the Personnel Office by April 15 for Fall semester and November 15 for Spring semester. Paragraphs a, c and d above are not subject to these deadlines.

 

                        18.0            Government Order Leaves (Commissions, Military, Witness, and Jury Service)

 

                        18.1            Paid leave shall be granted for service on a Commission on Professional Competence established pursuant to the Education Code.

 

                        18.2            An appropriate military leave/absence shall be granted to any qualified employee in accordance with the provisions of the Education Code and Military and Veterans Code.

 

                        18.3            A paid leave shall be granted to allow an employee to appear, in response to a subpoena duly served, when other than a litigant (a) in a case before a grand jury; (b) in a criminal case before a court within the State; or (c) in a civil case in a court within the county in which the employee resides or outside of said county if within 150 miles of place of residence.  Leave may be granted for the days of attendance in court as certified by the clerk or other authorized officer of such court or grand jury or by the attorney for the litigant in the case.  In any case in which witness fees are payable, such fees shall be collected by the employee and remitted to the Accounting and Disbursements Division.

 

                        18.4            The mutual intention of the District and UTLA is that jury service be encouraged, but also limited, as far as practical, to periods of time when the continuity of instruction will not be adversely affected.  An employee summoned to jury service in Federal or State court shall notify the immediate administrator of such summons.  At the employee's request, the District and the employee shall jointly

 

 

seek deferral of the obligation so that it can be performed on the employee's non-work time (vacation, K-time).  If the deferred jury service thereafter unavoidably runs into the employee's work time, a paid absence or leave shall be granted to the employee for up to 20 days subject only to such exceptions as may be agreed upon by the District and UTLA.

 

For employees assigned on A-basis, the employee and the District, at the employee's request, shall seek exemption from jury service.  If denied exemption, the two parties shall request that the days of jury service be restricted to 10 consecutive days whenever possible.  After exemption is petitioned and request is made for the 10 consecutive days restriction, and denied, a paid absence or leave shall be granted for up to 20 working days subject to exceptions as may be determined by the District.

 

As for Federal jury service, if the court denies the deferral request and requires service during work time, or, for A-basis employees, if the court denies request for exemption, paid absence shall be granted.  All jury fees received while on District-paid status shall be remitted to the Accounting and Disbursements Division.

 

                        19.0            Conference and Convention Attendance:  A paid leave may, in the discretion of the District and upon the recommendation of the appropriate superintendent, be granted for attendance at conferences and conventions sponsored by professional instructional organizations which are recognized by the State Board of Education or approved by the appropriate administrator under all of the conditions noted below.  The District shall consult with UTLA regarding these matters.

 

                        a.            Attendance must lead directly to the professional growth of             the employee and the improvement of the educational program of the District;

 

                        b.            Unless the employee is an official representative of the             organization or is participating as a workshop leader or speaker at the conference or convention, the attendance must not necessitate assignment of a substitute for the employee or the payment of replacement teacher salary;

 

                        c.            The attendance must not result in unnecessary duplication of             participation by District personnel;

 

                        d.            The attendance must not necessitate the reimbursement of             any expenses by the District to the employee; and

 

 

                        e.            A written or oral report of the conference may be requested             by the appropriate administrator or superintendent.

 

For conference or convention attendance which meets the above standards, but is not approved for paid leave status pursuant to the above, the employee may utilize personal necessity leave under Section 14.0 of this Article.

 

                        20.0            Substitute Leave:  A substitute leave shall be granted to a permanent employee for a period not to exceed one year to allow service as a substitute in accordance with District need.  Such an employee will be paid as specified in Article XIX.  An employee on substitute leave unavailable for more than 20 working days, not necessarily consecutive, will be placed on a personal leave.

Applications must be on file in the Personnel office by April 15 for the fall semester and November 15 for the spring semester.

 

                        21.0            Half-Time Leave:  A regular half-time leave shall be granted to allow a permanent employee or probationary Children's Center Teacher to continue service for half of each working day.  At the elementary level, a complementary partner  with permanent status  is required.  Exceptions to the "half of each working day" requirement may be made in special circumstances but shall require written special approval of the Cluster Administrator upon recommendation of the immediate administrator.  In any event, the assignment and service shall be for the equivalent of one-half of the number of hours required for full-time employment each pay period.  Applications must be on file in the Personnel office by April 15 for the fall semester and by November 15 for the spring semester.

 

                        21.1            Half-Time Assignment:

 

                        a.            New employees hired effective July 1, 1993 or later may be             employed full-time and work one-half time with the other one-half time covered by a half-time leave pursuant to this section.

 

                        b.            In the event the half-time assignment cannot be arranged, the             half-time leave will be cancelled and full-time service shall be required.

 

                        c.            If the employee is unable or unwilling to accept a full time             assignment in such circumstances, the employee shall submit a voluntary resignation.

 

                        d.            New employees hired pursuant to this section shall receive             District paid health benefits pro-rated to the hours of paid service provided the employee contributes the balance of the full cost pursuant to Article XVI, Section 3.0 c.

 

                        22.0            Reduced Workload Leave:  A reduced workload leave shall be granted annually to a permanent full-time employee, serving in pre-kindergarten through grade 12, to permit the employee to reduce a regular assignment to the

equivalent of one-half of the number of hours required of full-time employment, provided all the following conditions are met:

 

                        a.            The employee shall submit a request annually to the Personnel             Division prior to April 15 for a leave to be effective during the following school year, and the total of such annual leaves shall not exceed ten years.

 

                        b.            The employee has reached age 55 prior to the school year             during which the leave is effective.

 

                        c.            The employee was assigned full-time in a certificated position             with the District for at least 10 school years of which the immediately preceding 5 school years were consecutive, full-time employment.  Time spent on approved leaves shall not constitute a break in the 5 school year sequence, but shall not count toward the service requirement.

 

                        d.            An assignment and schedule satisfactory to both the employee             and the District is agreed to.  The continuing assignment must be either for half of each working day for the entire school year, in which case the specific assigned hours, must be agreed to by the employee and the immediate administrator, or for one complete semester of full-time service per year. Elementary teachers who wish to work half-time daily will need a complementary partner.  Half-time arrangements must be mutually agreed to by the affected employees and the immediate administrator.  Where no complementary partner is available, the elementary teacher will be limited to the option of full semester service.  If the employee is assigned on other than the "C" basis, the leave shall be the equivalent of one-half of the number of hours of service required by the  employee's current assignment basis. Exceptions to the above work schedules may be made in special circumstances, but shall require written approval of the Cluster Administrator upon recommendation of the site administrator.  In any event, the assignment shall be for the equivalent of at least one-half of the number of hours required for full-time employment; and the employee shall be placed on leave from the location in which half-time service is performed.

 

                        e.            The employee agrees to have retirement contributions made

            based on the salary that would have been received had service been full-time             for the complete school year.

 

                        f.            The salary earned and paid must be at least half the salary             the employee would have earned on a full-time basis.  The employee will             receive salary for the hours for which service is rendered.

 

                        22.1            Whether the employee is assigned for one complete semester of full-time service per year or half of each working day per year, the District shall maintain the employee's Health and Welfare benefits for eligible employees for the school year.  This reduced workload leave is granted pursuant to Education Code Sections 22713 and 44922.

 

                        22.2            The period of service and leave under Section 21.0 or  22.0 shall not qualify for salary step advancement under Section 16.0 of Article XIV, but

shall qualify for regular health/welfare benefits under Article XVI, Health and Welfare.

 

                        22.3            Notwithstanding the provisions of the Teacher Integration Transfer Plan, an employee shall not, by virtue of being placed on this leave, be exempted from said Transfer Plan.

 

                        23.0            Disability Leave or Absence:   An unpaid disability leave or absence will be granted on request to a probationary or permanent employee who has been awarded State Teachers' Retirement Disability benefits for up to 39 months from the effective date of the disability benefits, or until the effective date of service retirement, whichever is first, subject to the following conditions:

 

                        a.            The leave will be granted from the effective date of the             disability benefits to the end of the school year in which the disability benefits begin.  The leave will be extended annually for periods not to exceed a total of 39 months from the effective date of the disability benefits, or until the effective date of service  retirement, whichever is first.

 

                        b.            If the disability benefits are cancelled and the employee is             determined to be able to return to service during the period of the leave,             the employee will be referred to the District Medical Adviser.  If the return is approved by the District Medical Adviser the employee will be returned to active service.  An employee not approved to return by the District Medical Adviser may appeal to Medical Review Committee.  This committee shall be comprised of a District physician, a physician selected and compensated by

 

 

UTLA, and a third physician selected by the two doctors.  The third doctor shall be compensated equally by the District and UTLA.  A decision by the Medical Review Committee shall be final.

 

                        c.            A substitute or temporary employee who receives disability             benefits  shall  be  deemed  unavailable  for  service,  while receiving such

benefits, for up to 39 months unless a separation from service  is requested by the employee.

           

            d.            As an exception to the general rule regarding unpaid leave, employees placed on this leave shall be entitled to continued coverage under the medical, vision and dental plans of this Agreement, but not the life insurance plan in accordance with the provisions of Article XVI, Section 4.0.

 

                        24.0            Family Care and Medical Leave/Absence:  (The following provisions may be changed when final regulations are adopted by the California Fair Employment and Housing Commission and the United States Department of Labor.) An unpaid Family Care and Medical Leave/Absence shall be granted, to the extent of and subject to the restrictions as set forth below, to an employee who has been employed for at least 12 months and who has served for 130 workdays during the 12 months immediately preceding the effective date of the leave.  For purposes of this section, furlough days and days worked during off-basis time shall count as "workdays."  The Family Care and Medical Leave/Absence may be granted for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, the serious health condition of a child of an employee, the employee's own serious health condition, or the care of a parent or spouse who has a serious health condition.

 

                        24.1            Definitions  For purposes of this leave, the following definitions shall apply:

           

                        a.            "Child" means a biological, adopted or foster child; a  stepchild;             a legal ward; the child of a cohabitant who is the equivalent of a spouse; or a child of a person standing "in loco parentis," such child being either under 18 years of age or an adult dependent who is incapable of self care due to a mental or physical disability.

 

                        b.            "Spouse" means a husband or wife or cohabitant who is the             equivalent of a spouse.

 

                        c.            "Parent" means a biological, foster, or adoptive parent; a             person who stood "in loco parentis" to the employee when the employee was a child; a stepparent; or a legal guardian; and does not include a parent-in-law.

 

                        d.            "Serious health condition" means an illness, injury, impairment,             or physical or mental condition that involves either in-patient care in a             hospital, hospice or residential health care facility, or continuing treatment or supervision by a health care provider.

 

                        e.            "Health care provider" means an individual holding either a             physician's and surgeon's certificate or an osteopathic physician's and surgeon's certificate issued pursuant to Article 4, Chapter 5 of Division 2 of the California Business and Professions Code, who directly treats or supervises the treatment of the serious health condition, or any other individual duly licensed to practice medicine in another state or jurisdiction or by any other person determined by the Secretary of Labor to be capable of providing health care services.  The definition includes podiatrists, dentists, clinical psychologists, optometrists, chiropractors (limited in scope), nurse practitioners, nurse midwives, and certain Christian Science practitioners.

 

                        24.2            Length of Leave:  The leave, together with any renewal thereof, shall not exceed the number of days equivalent to a total of 12 normally scheduled  work weeks in a fiscal year.  However, leave may be taken intermittently in one or more periods.  In addition, the following provisions govern the length of the leave:

 

                        a.            An employee who takes leave for the birth, adoption or             placement for foster care of a child will be allowed to take leave of at least one hour (can be less than one hour, if necessary) within one year of the birth, adoption or placement for foster care of the child.

 

                        b.            An employee who takes leave for health care provider certified             recurring medical treatment or supervision to care for a seriously ill family member or because of the employee's own serious health condition, will be allowed to take leave of at least one hour (can be less than one hour, if necessary).

 

                        c.            Any leave an employee takes for the reasons specified in             Section 24.0 above will be counted against the employee's annual leave entitlements under the federal Family and Medical Leave Act of 1993 and the California Family Rights Act of 1991 as amended.  This leave runs

 

concurrently with any other leave the District offers for which the employee is qualified, except that family care and medical leave granted for the birth or adoption of a child or placement of a child for foster care must be concluded within 12 months of that birth or adoption or placement for foster care.

 

                        d.            Leave caused by pregnancy, childbirth or related medical             conditions under Subdivision 10.0 of this Article is separate and apart from the provisions of Family Care and Medical Leave/Absence herein. Employees are entitled to the leave allowed under Section 10.0 and, in addition, up to the full 12 work weeks of family care leave.

 

                        24.3            Approval:  Family Care and Medical Leave/Absences of 20 consecutive workdays or less can be granted by the immediate administrator. Leaves of more than 20 consecutive workdays can be granted by the District after submission of a formal leave application.

 

                        24.4            Notification and Scheduling:  If the need for the Family Care and Medical Leave/Absence is foreseeable more than 30 calendar days prior to the employee's need for leave, the employee shall give at least 30 days notice.  If less than 30 days, the employee must provide the immediate supervisor with as much advance notice as possible but, at the least, within one or two days of learning of the need for the leave, or as soon as practicable, whichever is earlier.  These advance notice requirements shall not be applicable in the event of unforeseeable circumstances or emergencies.  Whenever possible, if the need for leave is foreseeable due to a planned medical treatment or supervision, the employee must make a reasonable effort, subject to the approval of the health care provider, to schedule the treatment or supervision to avoid disruption to the operation of the District's educational program.

 

                        24.5            Medical Certification - Family:  For leaves/absences to care for a child, spouse or parent, as defined in 24.1, who has a serious health condition, the employee must submit to the immediate administrator or, if applying for a formal leave must attach to the leave application, certification from the health care provider which includes (1) the date if known, on which the serious health condition commenced, (2) the probable duration of the condition, (3) an estimate of the time that the health care provider believes the employee needs to care for the individual, and (4) a statement that the serious health condition warrants the participation of the employee to provide care.

 

                        24.6            Medical Certification - Employee:  If the leave is for the serious health condition of  the employee, the employee must submit to the immediate

 

 

administrator and/or, if applying for a formal leave must attach to the leave application, certification as specified in (1) and (2) of 24.5 above, plus a statement that, due to the serious health condition, the employee is unable to perform one or more of the essential functions of the employee's position.  After such certification, the following procedures are available:

 

                        a.            In the case of leave due to the serious health condition of the             employee, the District reserves the right to require, at its own expense, that the employee obtain the opinion of a second or even third health care provider designated by the District but not employed on a regular basis by the District.  The second health care provider, if required, shall be selected by the District.  Third health care provider can be requested by the employee or the District if the second opinion differs from the first opinion.

 

                        b.            The method that shall be used to choose the third health care             provider is as follows:  The District and UTLA shall each choose a health

care provider.  The two health care providers will choose the third health care provider, whose opinion shall be final and binding.

 

                        c.            If additional leave beyond that provided in the certification is             required, the employee must submit recertification by the health care provider and be eligible for additional requested leave.

 

                        24.7            Restrictions:  In the event that spouses who are both District employees each wish to take Family Care Leave/Absence for the birth, of their child, or placement for adoption, or  foster care placement of a child during the same time period, the combined total amount of leave that will be granted such employees will be 12 work weeks during a fiscal year.  These employees will still be eligible to take the remainder of their individual 12 week allotment for family care leave for a purpose other than the birth, placement for adoption, or foster care of a child.

 

                        24.8            Compensation and Benefits:  The Family Care and Medical Leave/Absence shall be an unpaid leave and for all purposes treated comparably to other unpaid leaves except that the District will continue to provide the health and welfare benefits as provided in Article XVI during the Family Care Leave/Absence to an employee who is otherwise eligible for such benefits.  However, an employee who does not return from such leave or who works less than 30 days after returning from the leave  will be required to reimburse the District for the cost of the benefits package unless the reason the employee does not return to work is due to (1) the continuation, recurrence, or onset of a serious health condition that would entitle the employee to FMLA leave (either affecting the employee or an immediate family member) or  (2) retirement, or (3) other circumstances beyond the control of the

 

employee.  The District, however, will not provide such health benefits for an employee for any leave period beyond twelve weeks unless these benefits are provided by other provisions of the District/UTLA Agreement such as paid illness leave.  For example, if an employee combines pregnancy leave with a family care leave, the employee will only be entitled to continued health benefits for the first twelve weeks of leave unless the employee continues on paid illness leave

An employee  who asks for leave for what would be a qualifying event for Family and Medical Care Leave/Absence and  who has accrued vacation leave may elect, or the immediate administrator may require, the employee to utilize the vacation leave for this purpose, in lieu of unpaid status.  An employee who takes leave for the employee's own serious health condition which prevents the employee from performing one or more of the essential functions of the employee's position and who has accumulated illness days may elect, or the District may require the employee to utilize paid illness days for the leave.

                        24.9            Seniority;  The period of the Family Care and Medical Leave/Absence shall not be considered a break in service, and the employee's seniority date shall not be affected by the time spent on leave.

                         24.10            Return Rights:  An employee returning from a Family Care and Medical Leave/Absence shall be returned to the same or comparable position from which on leave and the same location from which the leave was taken, except that the employee may be transferred if such a transfer would have been made had the employee been on duty.