rule 12 - William S. Hart Union High School District
rule 12 - William S. Hart Union High School District
rule 12 - William S. Hart Union High School District
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RULE <strong>12</strong> – ABSENCE FROM DUTY<br />
Rule <strong>12</strong>.0<br />
Rule <strong>12</strong>.1<br />
Rule <strong>12</strong>.2<br />
Rule <strong>12</strong>.3<br />
Rule <strong>12</strong>.4<br />
Rule <strong>12</strong>.5<br />
Rule <strong>12</strong>.6<br />
Rule <strong>12</strong>.7<br />
Rule <strong>12</strong>.8<br />
Rule <strong>12</strong>.9<br />
Rule <strong>12</strong>.10<br />
Rule <strong>12</strong>.11<br />
Vacation<br />
Breavement Leave<br />
Jury Duty<br />
Personal Necessity Leave<br />
Military Leave<br />
Sick Leave<br />
Other Leave<br />
Castastrophic Sick Leave Bank<br />
Application for Leave of Absence<br />
Conditions for Granting Leave<br />
Return from Leave<br />
Return from Military Leave<br />
1
RULE <strong>12</strong><br />
ABSENCE FROM DUTY<br />
RULE <strong>12</strong>.0<br />
VACATIONS<br />
A. Eligibility: All employees who have completed six (6) months’<br />
service as a regular probationary or permanent employee shall<br />
earn paid vacation time. Vacation benefits are earned on a fiscal<br />
year basis - - July 1 – June 30. For full-time, monthly employees,<br />
no vacation shall be taken at a lesser rate than one-half day at a<br />
time.<br />
B. Paid Vacation: Except as otherwise provided, paid vacation shall<br />
be granted no later than the fiscal year immediately following the<br />
fiscal year in which it is earned. Where requested by the<br />
employee and approved by the <strong>District</strong>, the paid vacation may be<br />
granted in the fiscal year in which it is earned.<br />
C. Accumulation: Vacation time shall be earned and accumulated on<br />
a yearly basis in accordance with the following:<br />
<strong>12</strong>-month 11-month 10-month<br />
Paid Service Employee Employee Employee<br />
1-5 years <strong>12</strong> days 11 days 10 days<br />
6-15 years 15 days 13 ¾ days <strong>12</strong> ½ days<br />
16-19 years 20 days 18 1/3 days 16 2/3 days<br />
20 & above 22 max. 20 ¼ max. 18 1/3 max.<br />
When employees regularly employed for less than a full fiscal<br />
year (twelve months) are required to work extra days or partial<br />
days (e.g., summer assignments), such extra paid time, exclusive<br />
of overtime, will be included in computing vacation entitlement.<br />
An employee may accumulate and carry over into the subsequent<br />
fiscal year up to twenty (20) days of earned vacation in addition<br />
to that which will be earned in the said subsequent fiscal year.<br />
Any earned vacation days in excess of twenty (20) shall be taken<br />
immediately in July or paid for, at the option of the <strong>District</strong>. Any<br />
such days paid shall be at the salary rate in effect prior to July 1.<br />
D Part-time Employees: Part-time employees whose regular<br />
assigned schedule is less than full-time [eight (8) hours per day]<br />
shall be credited with vacation leave in the same ratio that their<br />
employment bears to full-time employment.<br />
E. Vacation Pay: Pay for vacation days for employees shall be the<br />
same as that which the employee would have received had the<br />
employee been in a working status, and shall not include overtime<br />
pay.<br />
2
F. Vacation Pay Upon Termination: When an employee with over<br />
six (6) months’ regular service is terminated for any reason, the<br />
employee shall be entitled to all vacation pay earned and<br />
accumulated up to and including the effective date of the<br />
termination.<br />
G. Vacation Postponement: If an employee’s vacation becomes due<br />
during a period when the employee is on leave due to illness or<br />
injury, the employee may request that the vacation dates be<br />
changed, and the <strong>District</strong> may grant such request in accordance<br />
with vacation dates available at the time.<br />
If for any reason an employee is not permitted by the <strong>District</strong> to<br />
take all or any part of the employee’s annual vacation, the amount<br />
not taken shall, at the option of the employee, be accumulated for<br />
use in the following year or be paid in cash.<br />
H. Holidays: When a holiday falls during the scheduled vacation of<br />
any employee, such employee shall be granted an additional day’s<br />
vacation with pay for each holiday falling within that period.<br />
I. Vacation Scheduling: The <strong>District</strong> reserves the right to schedule<br />
vacations at times least disruptive to normal work routines.<br />
However, with the approval of the <strong>District</strong>, vacations may be<br />
scheduled at times requested by employees so far as possible<br />
within the <strong>District</strong>’s work requirements. If there is any conflict<br />
between employees who are working on the same or similar<br />
operations as to when vacations shall be taken, the <strong>District</strong> shall<br />
consider seniority and rotation of vacations among the employees<br />
in granting vacation requests.<br />
J. Interruption of Vacation: An employee shall be permitted to<br />
interrupt or terminate vacation leave in order to begin bereavement<br />
leave without a return to active service, provided the employee<br />
supplies notice and supporting information regarding the basis for<br />
such interruption or termination.<br />
RULE <strong>12</strong>.1<br />
BEREAVEMENT LEAVE<br />
An employee shall be granted up to a maximum of five (5) days of leave<br />
with pay in the event of the death of a member of the employee’s<br />
immediate family, said family being defined as: Spouse, natural or stepparent,<br />
natural or step-parent-in-law, natural or step brother or sister,<br />
brother or sister-in-law, natural or step-child, spouse or child, grandchild,<br />
grandparent, or other person regularly residing in the household of the<br />
employee.<br />
The employee shall execute an affidavit verifying justification for<br />
bereavement leave beyond the time required to attend services.<br />
3
RULE <strong>12</strong>.2<br />
JURY DUTY<br />
The <strong>District</strong> agrees to grant to employees regularly called for jury duty in<br />
the manner provided by law, leave of absence without loss of pay for the<br />
time the employee is required to perform jury duty during the employee’s<br />
regularly assigned working hours. Employees so called for jury duty,<br />
must notify the <strong>District</strong> of service date(s) upon receiving said notice from<br />
officers of the Court. The <strong>District</strong> shall pay the employee the difference,<br />
if any, between the employee’s regular rate of pay and the amount<br />
received for the jury duty, less meals, travel, and parking allowances.<br />
Employees serving jury duty in the local court are required to return to<br />
work during any day or portion thereof in which jury duty services are six<br />
(6) hours or less. The <strong>District</strong> may require verification of jury duty time<br />
prior to or subsequent to providing jury duty compensation. Any<br />
employee whose regular assigned shift commences at 2:00 p.m. or after<br />
and is required to serve more than four (4) hours on jury duty on a given<br />
work day shall be relieved from work with pay for that day.<br />
RULE <strong>12</strong>.3<br />
PERSONAL NECESSITY LEAVE<br />
An employee may use up to ten (10) days of entitled/accumulated sick<br />
leave in each school year for reasons of personal necessity. Personal<br />
necessity shall be defined as bereavement that is not elsewhere provided<br />
for; accident involving the person or property of an employee; appearance<br />
in court or before an administrative tribunal as a litigant, party or witness<br />
under subpoena or any order made with jurisdiction; an accident to or<br />
illness of an employee’s immediate family necessitating the direct<br />
attention of the employee; or personal business of a compelling nature<br />
that can be accomplished only during the employee’s assigned work<br />
hours. The <strong>District</strong> reserves the right to require the employee to submit an<br />
affidavit or other appropriate verification of justification of the specific<br />
nature or need of the personal necessity and personal necessity leave. The<br />
<strong>District</strong> shall be the final judge of the employee’s proper use of personal<br />
necessity leave.<br />
RULE <strong>12</strong>.4<br />
MILITARY LEAVE<br />
Employees shall be granted any military leave to which they are entitled,<br />
under law, as classified school employees. Employees shall be required<br />
to request military leaves in writing and supply the <strong>District</strong> with “orders”<br />
and status reports.<br />
RULE <strong>12</strong>.5<br />
SICK LEAVE<br />
Classified employees employed by the <strong>District</strong> five (5) days per week<br />
with full pay for a fiscal year shall be entitled to twelve (<strong>12</strong>) days’ leave<br />
of absence for illness or injury, exclusive of days they are not required<br />
to render service. Day, as used in this article, means the employee’s<br />
regularly assigned work day, exclusive of overtime.<br />
Classified Management and Confidential employees shall be entitled to<br />
eighteen (18) days of leave of absence for illness or injury, or one and a<br />
half (1 ½) days for each month worked.<br />
4
Employees employed less than five (5) days per week and/or less than a<br />
full fiscal year are entitled to that proportion of twelve (<strong>12</strong>) days’ leave of<br />
absence for illness or injury as the number of months they are employed<br />
bears to twelve (<strong>12</strong>) months and/or the number of days per week they are<br />
employed bears to five (5) days, whichever one or both may apply.<br />
Credit for any hour(s) or day(s) of illness or injury need not be accrued<br />
prior to taking such leave by the employee and such leave may be taken<br />
at any time during the employee’s assigned work year. New employees<br />
are not eligible to take more than six days, or the proportionate amount to<br />
which entitled, until the first day of the calendar month after completion<br />
of six months’ active service with the <strong>District</strong>. A classified employee new<br />
to this <strong>District</strong> who transfers sick leave from another <strong>District</strong> or County<br />
Superintendent of schools is eligible to use the transferred sick leave at<br />
any time.<br />
A. Accumulation: If an employee does not take the full amount<br />
allowed in any year, the amount not taken shall be accumulated<br />
from year to year.<br />
B. Procedures: An employee absent due to illness or injury must<br />
follow procedures established by the immediate supervisor to<br />
notify the <strong>District</strong> of intent to be absent, the nature of the illness or<br />
injury, and the anticipated duration of the illness as early as<br />
possible. For all monthly employees, sick leave shall not be<br />
taken at a lesser rate than one hour minimum and half-hour<br />
increments thereafter.<br />
An employee requesting paid illness or injury leave may be<br />
periodically required, at the discretion of the immediate<br />
supervisor, to provide medical statements on forms supplied by<br />
the <strong>District</strong>, with any medical cost to be borne by the employee.<br />
Employees absent due to surgery, serious injury or illness or<br />
absent for more than five (5) consecutive assigned work days may<br />
be required, at the discretion of the <strong>District</strong>, to submit a medical<br />
release to their immediate supervisor prior to being permitted to<br />
return to work.<br />
C. Break in Service: An employee who is on paid leave as provided<br />
in these <strong>rule</strong>s shall continue to receive earned health, holiday, and<br />
vacation benefits during such paid leave. These benefits shall not<br />
be provided by the <strong>District</strong> during unpaid leave.<br />
D. Additional Sick Leave: Each year, each employee shall be entitled<br />
to five months of sick leave in addition to those required in this<br />
<strong>rule</strong>. Such additional sick leave shall be compensated at 50% of<br />
the employee’s reqular rate of pay for the employee’s regularly<br />
assigned work schedule. Not more than five months of additional<br />
sick leave shall be provided in any one fiscal year, nor shall more<br />
than five months of additional sick leave be provided for absence<br />
attributed to the same illness or injury, irrespective of the fiscal<br />
year or years involved.<br />
5
E. Upon retirement, the earned but unused sick leave of any<br />
employee employed before July 1, 1980, by the <strong>District</strong> for 10 or<br />
more calendar years, may be converted to retirement credit<br />
pursuant to Government Code Rule 20862.5. The employee must<br />
notify the <strong>District</strong> of the retirement and request such conversion of<br />
sick leave to retirement credit. Upon retirement, if earned but<br />
unused sick leave of any employee employed by the <strong>District</strong> for 10<br />
or more years has not been converted to retirement credit pursuant<br />
to Government Code Rule 20862.5, the employee will be paid the<br />
number of hours or days at the current rate of pay in his/her final<br />
accounting check, not to exceed $7,500.<br />
RULE <strong>12</strong>.6<br />
OTHER LEAVE<br />
A. Pregnancy Disability: Female employees who are in a paid status<br />
immediately preceding medically verified pregnancy disability<br />
and who return to active employment with the <strong>District</strong><br />
immediately following the conclusion of (release from) pregnancy<br />
disability following child birth or miscarriage, shall be eligible to<br />
receive compensation at their regular rate of pay, charged against<br />
available sick leave for the work days missed during the period of<br />
disability, provided that the <strong>District</strong> receives medical status reports<br />
not less frequently than once each two weeks during the period of<br />
disability on forms provided by the <strong>District</strong>.<br />
B. Maternity-Child Rearing Leave: The <strong>District</strong> shall provide<br />
employees, male or female, who are natural or adoptive parents,<br />
an unpaid leave of absence for the purpose of rearing the<br />
employee’s child. A pregnant female employee may begin this<br />
leave any time during her pregnancy. The length of the leave shall<br />
be for not more than one (1) year. The employee may request and<br />
shall be granted leave for less than one (1) year. An employee<br />
shall serve in paid status four (4) consecutive semesters to be<br />
eligible for each additional leave under this Rule. The employee<br />
shall notify the <strong>District</strong> of such intent four (4) weeks prior to the<br />
anticipated date of the leave.<br />
C. Retraining and Study Leave: An unpaid leave of absence for<br />
study/retraining may be granted to any employee at the discretion<br />
of the <strong>District</strong>.<br />
Such leave of absence may be taken in separate six (6) month<br />
periods or in any other appropriate periods rather than for a<br />
continuous one (1) year period provided the separate periods of<br />
leave of absence shall be commenced and completed within a<br />
three (3) year period. Any periods of service by the individual<br />
intervening between the authorized separate leave periods shall<br />
comprise a part of the service required credit for a subsequent<br />
leave of absence for study or retraining purposes.<br />
Study and/or retraining leave cannot be granted to a classified<br />
employee who has not served at least three (3) consecutive years<br />
preceding granting of the leave. No more than one study and/or<br />
year retraining leave of absence shall be granted in each three<br />
6
(3) year period. The <strong>District</strong> may prescribe standards of service<br />
which shall entitle the employee to the leave of absence.<br />
Any leave of absence granted under this <strong>rule</strong> shall not be deemed<br />
a break in service for any purpose, except that such leave shall not<br />
be included as service in computing service to the granting of<br />
any subsequent leave under this type of leave, nor shall an<br />
employee earn vacation pay, sick leave, holiday pay, or other<br />
benefits provided under this agreement.<br />
D. Personal Reasons: Employees may request unpaid leave of<br />
absence for personal reasons. Such leave must be requested in<br />
advance, in writing, stating the reason for the request. The<br />
immediate supervisor, with authorization by the Director of<br />
Personnel, may approve the request for unpaid leave of absence<br />
for personal reasons, provided that such absence will not, in the<br />
sole judgment of the supervisor, disrupt the operation of the<br />
<strong>District</strong>, and provided that where necessary a satisfactory<br />
substitute is available. Unpaid leave of absence for personal<br />
reasons shall be granted for not less than one-half (1/2) day,<br />
and for not more than thirty (30) days. Request for unpaid leave<br />
of absence for personal reasons for more than thirty (30) days<br />
must be submitted to the Board of Trustees for approval.<br />
E. Industrial Accident and Illness Leave: Employees who sustain an<br />
injury or illness arising directly out of and in the course and scope<br />
of their employment shall be eligible for a maximum of sixty (60)<br />
working days paid leave in any one fiscal year. Industrial accident<br />
or illness leave will commence on the first day of absence.<br />
When an employee is absent from duty on account of an industrial<br />
accident or illness, the employee shall submit within the first<br />
seven (7) days of leave, a statement from a licensed physician or<br />
other evidence as may be required by the <strong>District</strong> affirming that<br />
the industrial accident or illness does exist and did occur while<br />
performing work for the <strong>District</strong>. The <strong>District</strong> may require the<br />
employee to submit to a physical examination by a physician<br />
selected by the <strong>District</strong> at any time during the leave, at <strong>District</strong><br />
expense. The <strong>District</strong> may, at its option, require the employee to<br />
provide verification of the job relatedness of the accident or illness<br />
to the <strong>District</strong>’s compensation insurance carrier and the <strong>District</strong><br />
may, at its option, accept the carrier’s determination of the job<br />
relatedness of the accident or the illness.<br />
Payment for wages lost on any day shall not, when added to an<br />
award granted under the Worker’s Compensation laws of this<br />
State, exceed the normal wages for the day. Industrial accident<br />
and illness leave will be reduced by one day for each day of<br />
authorized absence, regardless of a compensation award made<br />
under the Worker’s Compensation.<br />
When an industrial accident or illness occurs at a time when the<br />
full sixty (60) work days will overlap into the next fiscal year, the<br />
employee shall be entitled to only that amount of the sixty (60)<br />
7
day allotment remaining at the end of the fiscal year in which the<br />
industrial injury or illness occurred, for the same illness or injury.<br />
Employees shall be required to have completed their probationary<br />
service in the <strong>District</strong> to be eligible for industrial accident or<br />
illness leave.<br />
Industrial accident or illness leave is to be used in lieu of normal<br />
sick leave benefits. When entitlement to industrial accident or<br />
illness leave under this <strong>rule</strong> has been exhausted, entitlement to<br />
other sick leave,vacation or other paid leave will be used. If,<br />
however, an employee is still receiving temporary disability<br />
payments under the Worker’s Compensation laws of this State<br />
at the time of the exhaustion of benefits under this <strong>rule</strong>, the<br />
employee shall be entitled to use only so much of the employee’s<br />
accumulated and available normal sick leave and vacation leave,<br />
which, when added to the Worker’s Compensation award,<br />
provides for a day’s pay at the regular rate of pay.<br />
Any employee receiving benefits under this <strong>rule</strong> shall, during<br />
periods of injury or illness, remain within the State of California<br />
unless the <strong>District</strong> authorizes travel outside the State.<br />
When all leaves of absence, paid or unpaid, have been exhausted<br />
and if the employee is not medically able to resume regular and<br />
normal duties of the employee’s position or if the employee<br />
accepts another position in the <strong>District</strong>, the employee’s name shall<br />
be placed on the reemployment list for a period not to exceed<br />
thirty-nine (39) months. At any time the employee shall be entitled<br />
to reemployment over all other available candidates except those<br />
listed on a reemployment list established as a result of layoff for<br />
lack of work or lack of funds.<br />
The employee on industrial accident or illness leave shall provide<br />
the <strong>District</strong> with medical clearance for return to normal and<br />
regular duties before returning to work. The <strong>District</strong> may, at its<br />
option, require the employee to submit to an examination by a<br />
<strong>District</strong>-appointed physician prior to returning to work. The<br />
<strong>District</strong> shall pay the costs of the <strong>District</strong>-appointed physician.<br />
Any time an employee on industrial accident or illness leave is<br />
able to return to work under the requirements above, the employee<br />
may be reinstated in a position in the same class without loss of<br />
status or benefits.<br />
RULE <strong>12</strong>.7<br />
CATASTROPHIC SICK LEAVE BANK<br />
A. WHEN GRANTED: Employees who suffer a catastrophic illness<br />
which results in the employee using all available paid leaves,<br />
including regular sick leave, 50% sick leave, vacation time, and<br />
available industrial accident and illness leave, shall become<br />
eligible to use this catastrophic sick leave bank, subject to the<br />
restrictions and conditions outlined in this <strong>rule</strong>.<br />
8
B. ELIGIBILITY OF THOSE WHO DONATE DAYS: The use of<br />
the Sick Leave Bank shall be available only to those classified<br />
employees who have made a donation to the Bank. The exception<br />
to this restriction shall be any classified employee who was absent<br />
due to an approved catastrophic illness allowed under this <strong>rule</strong> at<br />
the time of the adoption of this <strong>rule</strong> by the Personnel Commission.<br />
C. SICK LEAVE BANK: The <strong>William</strong> S. <strong>Hart</strong> <strong>Union</strong> <strong>High</strong> <strong>School</strong><br />
<strong>District</strong> shall have established a Catastrophic Sick Leave Bank to<br />
which all classified employees may donate earned and unused sick<br />
leave days and/or earned or unused vacation days to the Sick<br />
Leave Bank. This donation shall be irrevocable, and shall be<br />
accomplished by the employee filing a “Classified Sick Leave<br />
Bank Irrevocable Deposit Form.” The form shall clearly state that<br />
the sick leave daysand/or vacation days being donated are<br />
irrevocably given to the Sick Leave Bank, and cannot be rescinded<br />
for any reason whatsoever. A donation to the Sick Leave Bank<br />
shall be a general donation, and shall not be donated to a specific<br />
employee for his/her exclusive use.<br />
D. LIMITS ON NUMBER OF DAYS No classified employee may<br />
donate any sick leave days unless the employee has a minimum of<br />
five (5) earned sick leave days credited to his/her sick leave<br />
account. A less than twelve (<strong>12</strong>) month employee may not donate<br />
vacation days if such donation would result in an unpaid period of<br />
time during the Winter or Spring Recess periods. Twelve (<strong>12</strong>)<br />
month employees shall have no such restrictions. There is no limit<br />
to the number of sick leave days an employee may donate to the<br />
Sick Leave Bank, so long as the minimum number of earned sick<br />
leave days available to the employee does not fall to five (5) days<br />
or less. Except for the restrictions above, there shall be no limit to<br />
the number of sick leave days an individual employee may<br />
contribute to the Sick Leave Bank.<br />
E<br />
CERTAIN TYPES OF ILLNESS EXCLUDED FROM THIS LEAVE:<br />
Any mental stress related illness shall be excluded from the<br />
benefits of this <strong>rule</strong>.<br />
F. SOLICITATION OF DONATIONS: There shall be two periods<br />
of soliciting Catastrophic Sick Leave Bank donations from all<br />
classified employees. The first period shall be November of each<br />
year, and the second period shall be June of each year. If the Bank<br />
becomes depleted, there will be an additional donation period. At<br />
the beginning of each donation period, the Personnel Commission<br />
Office shall send to each classified employee a notice outlining<br />
the Sick Leave Bank program and a “Classified Sick Leave Bank<br />
Irrevocable Deposit Form.” All donations must be received by the<br />
Personnel Commission Office by the last work day in November,<br />
and the last work day in June. At the inception of the program in<br />
September 1991, the Personnel Commission Office shall make a<br />
special solicitation of donations as soon as possible after the<br />
approval of this <strong>rule</strong>. This will allow for an initial bank of days to<br />
be created immediately.<br />
9
G . SICK LEAVE BANK APPROVAL COMMITTEE: All<br />
employees wishing to use the Sick Leave Bank shall submit a<br />
“Classified Sick Leave Request for Withdrawal Form.”. This<br />
form shall be submitted to the Personnel Commission Office. The<br />
request shall state the maximum number of days being requested<br />
by the employee. The Sick Leave Bank Committee shall consider<br />
the request of the employee.The committee shall consist of the<br />
Classified Personnel Director (Chairperson), a representative of<br />
CSEA Chapter #349, one classified confidential employee. The<br />
<strong>District</strong> Director of Personnel shall be on the Committee as a nonvoting<br />
member. Approval of any request shall require a majority<br />
vote of the voting committee members. Any rejection of a request<br />
may be appealed to the Personnel Commission for final action and<br />
decision. The timelines or filing an appeal shall be the same as<br />
found in the initial step of the Commission’s grievance procedure<br />
(Rule 10.83).<br />
H. MAXIMUM NUMBER OF DAYS USED: The maximum number<br />
of days allowed to be utilized by one employee for a single<br />
approved catastrophic illness shall not exceed 260 days. An<br />
employee may request a specific number of days on one<br />
“Classified Sick Leave Bank Request for Withdrawal Form,” and<br />
if the employee finds that additional days are necessary, the<br />
employee may file an additional request for consideration by the<br />
Committee, so long as the total number of days utilized for a<br />
single approved catstrophic illness shall not exceed the maximum<br />
of 260 days.<br />
I. APPROVED AND UNUSED DAYS RETURNED TO SICK<br />
LEAVE BANK Any days approved by the Committee or the<br />
Personnel Commission that are unused by the employees shall be<br />
returned to the Catastrophic Sick Leave Bank.<br />
J. THE WORTH OF A DONATED DAY: A day of donated sick<br />
leave or vacation shall be considered one day for purposes of<br />
credit to the Sick Leave Bank, regardless of the number of hours<br />
that donated day would have been worth to the employee making<br />
the donation.<br />
K. ONE USED DAY EQUAL TO THE EMPLOYEE’S REGULAR<br />
PAY: If an employee uses a day from the Sick Leave Bank pay,<br />
that day shall be the same pay the employee would have received<br />
had the employee worked that day.<br />
L. EMPLOYEES ON THIS LEAVE CONSIDERED IN PAID<br />
STATUS: Employees who are granted use of Sick Leave Bank<br />
Days shall be considered in regular paid status during such use.<br />
M. ANNUAL STATEMENT OF SICK LEAVE BANK: During<br />
September of each year, the Classified Personnel Commission<br />
Office shall issue to each classified employee a statement<br />
outlining the number of days available in the Bank as of<br />
10
September 1 of each year, and the number of days used in the<br />
previous fiscal year.<br />
Reference: Education Code Sections 45<strong>12</strong>2, 45136, 45137,<br />
45190, 45191, 45193, 49195, 45196.5, 45198, 45260, and 45261.<br />
RULE <strong>12</strong>.8<br />
RULE <strong>12</strong>.9<br />
APPLICATION FOR LEAVE OF ABSENCE<br />
Application for leave of absence must be submitted on the forms provided<br />
and in accordance with the procedures established by the <strong>District</strong>.<br />
CONDITIONS FOR GRANTING LEAVE<br />
Leave of absence without pay may be granted upon filing of an<br />
application showing reasons which are deemed sufficient, subject to the<br />
following conditions:<br />
A. An employee who has been granted a leave for 30 days or more<br />
shall complete one year of service before a second leave will be<br />
granted, except as otherwise provided in these Rules.<br />
B. Leave of absence shall not be granted for more than twelve<br />
consecutive calendar months, with the following exception:<br />
1. Leave of absence for military service shall be granted as<br />
provided in the Education Code and the Military and Veterans<br />
Code.<br />
2. Leave of absence for Peace Corps service shall not exceed 24<br />
consecutive calendar months.<br />
C. Military service--Leave of absence for military service shall be<br />
granted as provided by the Education Code and the Military and<br />
Veterans Code.<br />
RULE <strong>12</strong>.10<br />
RETURN FROM LEAVE<br />
A. An employee must give notification not less than thirty (30) days<br />
prior to the expiration of the leave that it is the intention of the<br />
employee to return to active service.<br />
B. An employee will be assigned to the same position or a position in<br />
the same class upon return to service following a leave of absence<br />
only if absent six calendar months or less.<br />
C. An employee returning from leave of absence longer than six<br />
months will be assigned to a vacant position in the class in which<br />
the employee holds status. If no such vacant position is<br />
reemployment list for the class for a period of thirty-nine (39)<br />
months. The employee may return to a vacant position in the class<br />
at the same or a lower salary level for which qualified.<br />
D. An employee who fails to return from a leave of absence within<br />
three days after the expiration of the leave shall be deemed to have<br />
abandoned the position.<br />
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RULE <strong>12</strong>.11<br />
RETURN FROM MILITARY LEAVE<br />
An employee returning from military service who presents the discharge<br />
as evidence of such service, shall be returned to the former position in the<br />
appropriate classification if such position exists, and shall have the<br />
privilege of accepting assignment to other vacancies of equal or lesser<br />
grade or rank for which qualified, provided, however, that should the<br />
returning employee accept a position of equal or lesser grade or rank, the<br />
continued occupancy of such position shall be dependent upon<br />
maintaining service ratings above the point designated as unsatisfactory<br />
by the <strong>District</strong>.<br />
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