Collective Bargaining Agreement |

11.1

Notification Procedure

11.1a

Employees shall notify the District in advance of any leave.  In case of emergency leave, employees who find it necessary to be absent from duty shall notify the District Office on the first day of their emergency leave before 7:00 a.m. of the day of absence. Employees who are absent from duty on the second or subsequent days shall notify the school daily before 1:00 p.m. to indicate that they will not return to duty on the following day. In the case of known absences of more than one day, arrangements should be made with the principal of the school site to eliminate the daily call.

11.2

Illness or Injury Leave

11.2a

Every employee who is regularly employed five (5) days per week is entitled to ten (10) days paid sick leave for that year of employment. Employees who work less than full lime shall be entitled lo a proportionate amount of sick leave in accordance with the contract. The ten ( 10) days per school year Apr be accumulated without limitation.

11.2b

When the certificated employee is absent from his/her duties due to illness or injury for a period of more than ten (10) days, the employee shall supply the site supervisor with a statement from a qualified medical doctor verifying the employee's illness or injury.

11.2c

The District may require verification by a physician of an employee's ability to perform his/her responsibilities before returning to work due to an absence in excess of ten (10) days for illness or disability injury.

11.2d

Unused sick leave shall accrue from school year to school year.

11.2e

The Board shall provide each employee with a written statement of (1) his/her accrued sick leave total, and (2) his/her sick leave entitlement for the school year. Such statement shall be provided no later than October of each school year. An employee may use his/her credited sick leave at any time during the school year.

11.2f

During the length of this contract, when a certificated employee is on an illness or injury leave, he/she shall be paid full salary for that period of time equal to the balance of his/her accumulated illness leave.

Beginning January 1, 1999, employees in the bargaining unit whose illness/injury benefits have been consumed and must still be absent from duty because of illness or injury shall receive that amount of pay which is the difference between their pay and the amount paid for a substitute employee, whether or not a substitute is employed, for a total of 100 days commencing with the exhaustion of their accumulated sick leave.

11.3

Personal Necessity Leave

11.3a

Employees shall be allowed not more than ten (10) days of accumulated sick leave annually for the purposes of personal necessity. Any of the ten (10) days Apr be used for reasons of compelling personal importance. (However, in no case shall this leave be used for vacation purposes.)

11.3b

The employee shall notify his/her principal at least seventy-two (72) hours in advance of taking such leave, unless an emergency makes such notice impossible.

11.3c

Under all circumstances, an employee shall verify by signature that the personal necessity leave taken was in compliance with this Article.

11.4

Family Illness Leave

11.4a

Three (3) days of leave per year without loss of salary or sick leave shall be allowed to any employee for an illness, which is of a serious nature, of a member of the employee's immediate family. An illness of a serious nature shall be an illness which an employee cannot reasonably be expected to disregard and which requires the attention of the employee during his/her assigned hours of service. An employee Apr use three (3) additional family illness days, but the additional three (3) days will be deducted from his/her sick leave.

11.5

Pregnancy Disability/Maternity Leave

11.5a

Pregnancy Disability Leave

Employees are entitled to use accumulated sick leave as set forth in the provisions of illness/injury leave, for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, or recovery therefrom. Such leave shall not be used for child care, but shall be limited to those disabilities as set forth above. The length of such disability leave, including the date upon which the leave shall commence and the date on which the duties are to be resumed, shall be determined by the employee and the employee's physician.

11.5b

In cases of miscarriage, an individual on pregnancy/disability leave Apr be considered for immediate placement provided a position for which the individual is qualified exists and a statement from the attending physician indicates that the employee is able to assume full responsibilities of the position without detriment to her health.

11.5c

Maternity Leave

An employee is entitled to a leave of absence without pay for a period of up to one year because of pregnancy, miscarriage, childbirth, and recovery therefrom. Employees on a District approved maternity leave shall continue to receive full health and welfare benefits paid by the District for six (6) months from the first day of the month following the last day worked. The date upon which the leave shall commence and the date upon which duties are to be resumed shall be determined by the employee and the employee's physician. The leave request shall be submitted to the District not less than twenty (20) days prior to the commencement of the leave, when possible.

11.6

Parental Leave

11.6a

Purpose

Employees who have been employed for at least 12 (twelve) months on a part-time or full-time basis, are entitled to a parental leave for a total of up to 12 work weeks (60 work days) in one year (12 months) period as set forth in state law, EC 44977.5 for the following reasons: bonding within the first year as a result of the birth, adoption or fostering of a child.

11.6b

Definitions

Employees: mother, father, adoptive parent, foster parent

11.6c

Procedure

The leave request shall be submitted to the District not less than thirty (30) calendar days prior to the commencement of the leave, whenever possible. Verification of the birth, adoption or foster shall be provided
to the district.

The leave may be used on an intermittent basis with duration of no less than two week increments. However, the District must grant a request for a leave of less than two weeks’ duration on any two occasions. All parental leave must conclude one year or 12 months from the birth, adoption or fostering of a child.

Parental leave runs concurrently with CFRA baby bonding leave and any other sick leave taken during a period of parental leave.

11.6d

Concurrent Use of Paid Leave

When an employee is on a parental leave due to the birth, adoption or fostering of a child, he/she shall be paid full salary for the period of time equal to the balance of his/her accumulated sick leave. Once sick leave is exhausted, the employee will receive differential pay, meaning he/she is paid the difference between his/her rate of pay and the cost of a substitute (whether or not a substitute is actually employed).

11.6e

Benefits Continuation

The District shall maintain the qualified employee’s coverage under medical, dental, vision, and life insurance benefits during the period of the leave. STRS service credits may be purchased by the employee for the period of the parental leave in accordance with STRS regulations.

11.6f

Both Parents Taking Parental Leave

When spouses are both employed by the District, the parental leave is limited to an aggregate of 12 work weeks if such leave is taken for the birth/adoption/foster care of a child.

11.7

Family Care Leave

11.7a

Purpose

All eligible employees are entitled to a family care leave for a total of up to 12 work weeks (60 work days) in any school year as set forth in state (California Family Rights Act) and federal (Family and Medical Leave Act) statutes for the following reasons: (1) for the care of the employee's son/daughter (birth/adoption/foster care); (2) for the care of the employee's spouse, domestic partner, son/daughter, or parent who has a serious health condition; (3) for a serious health condition that makes the employee unable to perform the job duties.

11.7b

Definitions - For the purposes of this provision:

• Eligible Employee: Must have worked for the District for at least 1250-hours, which includes paid leave and/or family care leave, during the previous school year. Full-time employees meet the 1250- hour requirement.

• Spouse: Legal husband, wife, or domestic partner of the employee.

• Son or Daughter: Biological, adopted, foster, step-child, legal ward, or a child of a person standing in loco parentis, who is under 18 years of age, or 18 years of age or older and incapable of self-care because of mental/physical disability.

• Parent: Biological parent of an employee or an individual who stood in loco parentis to the employee when the employee was a son or daughter.

• Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider
  

11.7c

Procedure

The leave request shall be submitted to the District not less than thirty (30) calendar days prior to the commencement of the leave, when possible. Medical certification for serious health-related leaves shall state:

1. The date on which the serious health condition began.

2. The probable duration of the condition.

3. The appropriate medical facts regarding the condition, including the need for the leave.

11.7d

Benefits Continuation

The District shall maintain the employee's coverage under medical, dental, vision, and life insurance benefits during the period of the leave. STRS service credits Apr be purchased by the employee for the period of the family care leave in accordance with STRS regulations.

If the employee fails to return to work, the District may recover its share of the insurance premiums paid during the period of unpaid leave unless the failure to return is caused by a serious health condition of the employee or other circumstances beyond the employee's control.

11.7e

Special Provisions

Concurrent Use of Paid Leave

When an employee is on a family care leave due to the serious health condition of the employee's spouse, domestic partner, son, daughter, or parent, he/she shall be paid full salary for the period of time equal to the balance of his/her family illness and accumulated sick leave. When an employee is on a family care leave due to the birth/adoption/foster care of the employee's son/daughter, he/she shall be paid full salary for that period of time equal to the balance of his/her family illness and personal necessity leaves.

Pregnancy/Disability Leave

At the conclusion of a pregnancy/disability leave, an employee may elect to take family care leave.

Both Parents Taking Family Care Leave

When spouses are both employed by the District, the family care leave is limited to an aggregate of 12 work weeks if such leave is taken for the birth/adoption/foster care of a son or daughter.

11.8

Military Leave

11.8a

Employees who are members of any reserve corps of the Armed Forces of the United States, the National Guard, or the Naval Militia, or who are inducted or who are otherwise ordered to active duty, shall be granted such leave as required by the Education and Military and Veterans Codes. A copy of military orders shall be provided to the District Office with the request for military leave. In accordance with education code and military code 395(c), military personnel shall receive their full salary and benefits upon completion of their active duty and shall be reinstated to their position within six months. Reinstatement rights as stated in 11.15 do not apply; within six months a teacher will be returned to his/her position.

11.9

Bereavement Leave

11.9a

Upon the death of a member of the immediate family, absence without loss of salary or sick leave shall be allowed to any regular employee for a period of not to exceed three (3) days or five (5) days leave of absence if travel beyond a 300 mile radius is required.

11.9b

"Immediate family," for the purposes of this provision, shall be defined as mother, father, child, grandmother, grandfather, or grandchild of the employee or the spouse of the employee, and the spouse, domestic partner, son-in-law, daughter-in-law, brother, or sister of the employee, or any relative living permanently in the immediate household of the employee.

11.10

Jury Duty/Witness Leave

11.10a

Leaves of absence for jury duty shall be provided at a salary which is equal to the difference of the employee's regular earnings and any amount he/she receives as a juror's fee during the period he/she serves on the jury.

11.10b

Leave of absence shall be granted an employee when he/she has been served a subpoena to appear as a witness, not as a litigant, in a court case. The length of the leave granted shall be for the number of days in attendance in court as certified by the clerk or other authorized officer of the court. The employee shall receive full pay during the leave period, provided that the witness fee for such leave, with the exception of travel allowance, is assigned to, and the subpoena and court certification are filed with, the School District.

11.10c

Employees who voluntarily postpone their jury duty service to a school vacation period shall be compensated at the current substitute teacher rate for each day's service.

Health and Hardship Leave

11.11a

The Board of Education may grant a leave of not more than one (1) school year to an employee unable to perform duties due to ill health, physical disability, or personal hard­ship, at the request of the employee. Verification of ill­ness or physical disability, by a licensed physician, shall be required.  Requests for personal hardship leaves shall be processed through the Office of Personnel Services.

11.12

Long Term Leave

11.12a

The Board of Education may, upon written application by an employee, grant a leave of absence without pay for not less than one semester nor more than a year for purposes such as, but not limited to, child care or obtaining newly mandated State credentials required for maintaining current position or responsibility.

11.12b

During any school year in which the Board of Education does not grant sabbatical leaves in accordance with Section 11.14, the Board shall grant up to twenty (20) one-year leaves of absence without pay for reasons not specified elsewhere in Article 11 unless a credentialed replacement cannot be found. Requests must be submitted to the Office of Personnel Services by the first Monday in Apr for a leave starting the following school year.

When more than twenty (20) employees apply, the twenty (20) leaves shall be granted according to length of service in the District.

Employees may not receive more than one (1) unpaid leave as specified in Section 11.12b in any seven (7) year period. Employees shall be notified of approval or denial of their leave request prior to the second Monday in June.

11.13

Industrial Accident and Illness Leave

11.13a

Employees will be entitled to an industrial accident leave for an injury which qualifies for compensation benefits in accordance with requirements of the Education Code and the provisions of the California Workers Compensation Law.

11.13b

Such leave shall not exceed sixty (60) days during which the schools of the District are required to be in session, or when the employee would otherwise be performing work for the District. When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him/her for the same illness or injury

11.13c

The District has the right to have the employee examined by a physician designated by the District, to assist in determining the length of time during which he/she will be temporarily unable to perform assigned duties and/or the degree to which the disability is attributable to the injury involved.

11.13d

For any days of absence from duty as a result of the industrial accident, the employee shall endorse to the District any wage loss benefit check from the adjusting firm or carrier which makes the total compensation from both sources exceed 100% of the amount the employee would have received as salary or Workers Compensation benefit. If the employee fails to endorse to the District any wage loss disability check received because of the industrial accident or illness as provided above, the District shall deduct from the employee's salary warrant the amount of such disability indemnity actually paid to and retained by the employee.

11.14

Sabbatical Leave

11.14a

After completing seven (7) consecutive full school years of service, an employee will be eligible to apply for leaves of one semester or one year duration for the purpose of academic study or travel. Applicants for sabbatical leave must submit their request to the Personnel Office no later than September 30 for a leave starting the following school semester or school year. If a split sabbatical leave is desired it must be requested at the time of application of the first semester of such leave. Employees shall be notified of approval or denial of sabbatical leave requests within thirty (30) days and shall receive the reason for denial, in writing, if requested.

11.14b

The Superintendent Apr recommend approval of sabbatical leave requests to the Board of Education, and the Board of Education Apr grant such leave.

11.14c

An employee on sabbatical leave for one semester shall receive full salary and full health and welfare benefits. An employee who is on a full year's sabbatical shall receive fifty (50) percent of his/her salary and full health and welfare benefits. Paid sick leave is not earned while on sabbatical leave. The District is freed from any liability for the payment of any compensation or damages provided by law, for the death or injury of the employee while he/she is on sabbatical leave. All sabbatical leaves shall be administered in accordance with Education Code 44966-44975.

11.14d

The terms and conditions of the leave shall be agreed upon in writing and shall include, but not be limited to:

• An indemnification bond equal to twice the salary received during the sabbatical leave;

• A requirement of service to the District of two (2) full years for each full year of leave, and one full year for each one-half year of leave; and
  

• Appropriate reporting procedures on the values of sabbatical leave as Apr be designated by the Superintendent.

11.15

Catastrophic Leave

11.15a

Definition

A "catastrophic illness or injury" shall be defined as an injury or illness that is expected to incapacitate the employee for an extended period of time, causing the employee to miss ten or more days from work, which would create a financial hardship for the individual because they have exhausted all of their accumulated sick leave

11.15b

The following shall not be eligible for use of Catastrophic Leave

• Conditions or illness resulting from the commission of a crime

• Elective cosmetic surgery

• Any mental stress related illness, unless the employee is hospitalized

• Illnesses/injury covered under the Workers' Compensation Program

11.15c

A "day of catastrophic leave" shall be defined as the amount of dollars necessary to augment the Bargaining Unit Member's differential pay in order that the Bargaining Unit Member shall receive one hundred percent (100%) of their per diem base salary while using Catastrophic Leave. No Bargaining Unit Member shall receive more than 100% of their base salary, including contributions from other sources, while using Catastrophic Leave.

11.15d

A Catastrophic Leave Committee (CLC), comprised of two (2) GGEA members appointed by the GGEA President and two (2) District representatives shall administrate the Catastrophic Leave Bank (CLB). Decisions to approve the use of Catastrophic Leave shall be made only by majority vote of the CLC (i.e. three members constitutes a majority of the four-person committee). A 2-2 vote of the CLC shall result in the denial of the request for a CLB withdrawal.

11.15e

Decisions of the Catastrophic Leave Committee shall be final and are not subject to the grievance procedure contained in Article 5 of this agreement.

11.15f

Participation shall be voluntary but shall require a contribution of one (1) irrevocable day of accumulated sick leave to the CLB; only contributors shall be permitted to request a withdrawal from the CLB.

11.15g

All bargaining Unit Members shall be eligible to contribute to the CLB by September 30th provided that the Bargaining Unit Member shall have a minimum of five (5) days of earned sick leave remaining after contributing a sick leave day to the CLB.

11.15h

Bargaining Unit Members hired after the first day of the student instructional year shall be eligible to contribute to the CLB during the first (30) calendar days of employment, provided that the Bargaining Unit Member shall have a minimum of five (5) days of earned sick leave remaining after contributing a sick leave day to the CLB.

11.15i

GGUSD shall make Catastrophic Leave Enrollment forms available to all Bargaining Unit Members. Members will only need to complete the enrollment form once in their GGUSD career.

11. 15j

Contribution forms shall be received by the Office of Personnel Services no later than the September 30th or no later than the thirtieth (30th) calendar day of the Bargaining Unit Member's employment, if hired after the first student instructional day of the work year.

11.15k

Days shall be contributed to and withdrawn from the CLB without regard to the daily rate of pay of the CLB participant.

11.15l

Days contributed to the CLB shall be a general contribution, not made for a specific member.

11.15m

Days in the CLB shall accumulate from year to year.

11.15n

Each day donated to the CLB shall equate to one (1) day of catastrophic leave.

11.15o

Upon initial contribution to the CLB, no further contribution that year shall be required from participants unless the number of days in the CLB drops below sixty (60).

11.15p

In the event that the number of days in the CLB drops below sixty (60), the Committee shall send out notification to all Bargaining Unit Members that they must contribute an additional irrevocable day to remain a participant in the CLB.

11.15q

In the event that 11.15p occurs, there will be an opportunity for initial contributions to be made by interested Bargaining Unit Members.

11.15r

Catastrophic Leave participants shall use all of their sick leave, before being eligible to withdraw from the CLB.

11.15s

Bargaining Unit Members who have disability and/or income protection insurance shall apply for that benefit(s) before applying to use the CLB.

11.15t

Bargaining Unit Members shall not be eligible to use Catastrophic Leave unless the total benefit(s) plus differential pay results in less than 100% of the Bargaining Unit Member's per diem base salary.

11.15u

Utilization of Catastrophic Leave, when combined with differential pay and disability or income protection benefits, shall not result in income greater than the Bargaining Unit Member's per diem base salary.

11.15v

If the participant is incapacitated to the point of being incapable of completing an application, applications Apr be submitted to the Catastrophic Leave Committee by the participant's agent or member of the Bargaining Unit Member's Family.

11.15w

Withdrawals from the CLB shall be granted in units of no more than twenty (20) Bargaining Unit Member work days. Bargaining Unit Members Apr submit a request for two extensions of up to twenty (20) additional days each. Withdrawal from the CLB shall be limited to a maximum of sixty (60) days within a school year per eligible Bargaining Unit Member.

11.15x

Bargaining Unit Members Apr use approved days from the CLB intermittently in order to receive and recover from therapies and/or treatments directly related to the illness or injury for which the withdrawal from the CLB is originally approved.

11.15y

Any days approved that are unused by the Bargaining Unit Member shall be returned to the CLB at the end of the school year.

11.15z

If more than one (1) applicant requests use of Catastrophic Leave at the same time and the number of days in the CLB is not adequate to fulfill the total number of days requested, the number of days shall be divided equally among the applicants until such time as there are enough days to fulfill the requests.

11.15aa

The use of Catastrophic Leave shall run concurrently with the Health and Hardship leave identified in Article 11 of the Agreement between the Association and the District.

11.15bb

Bargaining Unit members wishing to use this CLB shall submit a "Catastrophic Leave - Request for Withdrawal Form" to the Office of Personnel Services. Bargaining Unit Members applying to utilize days of Catastrophic Leave shall be required to submit verification of catastrophic illness in the form of a written medical statement from the attending physician indicating the nature of the illness/injury and the probable length of absence from work.

11.15cc

The Catastrophic Leave Committee Apr require a medical review by a physician of the Committee's choice. The Committee shall choose only a physician who participates in the Bargaining Unit Member's medical plan. The District shall reimburse any co-pay and mileage incurred by the Bargaining Unit Member for the review.

11.15dd

Refusal to submit to the medical review will terminate the Bargaining Unit Member's continued withdrawal from the CLB.

11.15ee

The Bargaining Unit Member shall waive any and all claims against the Board of Education, District, and its officers and employees, arising from the administration of Catastrophic Leave.

11.15ff

Members of the Catastrophic Leave Committee shall not divulge personal information about any participant including but not limited to the nature of the illness.

11.15gg

Any fraudulent use of the CLB shall result in a demand for reimbursement of the cost of the days granted, garnishment of wages if not repaid within 30 days of demand for reimbursement, and will terminate the Bargaining Unit Member's participation in the CLB program.

11.15hh

In the event that the parties negotiate the termination of Catastrophic Leave, the days remaining in the CLB shall be returned to the then current members of the CLB in the amount calculated by dividing the number of remaining days. Partial days Apr be applied to retirement but not sick leave days.

11.16

Reinstatement Rights

The employee has the right to return to the same site if the length of the leave is for an entire semester or less.