rule 12 - William S. Hart Union High School District

RULE 12 – ABSENCE FROM DUTY
Rule 12.0
Rule 12.1
Rule 12.2
Rule 12.3
Rule 12.4
Rule 12.5
Rule 12.6
Rule 12.7
Rule 12.8
Rule 12.9
Rule 12.10
Rule 12.11
Vacation
Breavement Leave
Jury Duty
Personal Necessity Leave
Military Leave
Sick Leave
Other Leave
Castastrophic Sick Leave Bank
Application for Leave of Absence
Conditions for Granting Leave
Return from Leave
Return from Military Leave
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RULE 12
ABSENCE FROM DUTY
RULE 12.0
VACATIONS
A. Eligibility: All employees who have completed six (6) months’
service as a regular probationary or permanent employee shall
earn paid vacation time. Vacation benefits are earned on a fiscal
year basis - - July 1 – June 30. For full-time, monthly employees,
no vacation shall be taken at a lesser rate than one-half day at a
time.
B. Paid Vacation: Except as otherwise provided, paid vacation shall
be granted no later than the fiscal year immediately following the
fiscal year in which it is earned. Where requested by the
employee and approved by the District, the paid vacation may be
granted in the fiscal year in which it is earned.
C. Accumulation: Vacation time shall be earned and accumulated on
a yearly basis in accordance with the following:
12-month 11-month 10-month
Paid Service Employee Employee Employee
1-5 years 12 days 11 days 10 days
6-15 years 15 days 13 ¾ days 12 ½ days
16-19 years 20 days 18 1/3 days 16 2/3 days
20 & above 22 max. 20 ¼ max. 18 1/3 max.
When employees regularly employed for less than a full fiscal
year (twelve months) are required to work extra days or partial
days (e.g., summer assignments), such extra paid time, exclusive
of overtime, will be included in computing vacation entitlement.
An employee may accumulate and carry over into the subsequent
fiscal year up to twenty (20) days of earned vacation in addition
to that which will be earned in the said subsequent fiscal year.
Any earned vacation days in excess of twenty (20) shall be taken
immediately in July or paid for, at the option of the District. Any
such days paid shall be at the salary rate in effect prior to July 1.
D Part-time Employees: Part-time employees whose regular
assigned schedule is less than full-time [eight (8) hours per day]
shall be credited with vacation leave in the same ratio that their
employment bears to full-time employment.
E. Vacation Pay: Pay for vacation days for employees shall be the
same as that which the employee would have received had the
employee been in a working status, and shall not include overtime
pay.
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F. Vacation Pay Upon Termination: When an employee with over
six (6) months’ regular service is terminated for any reason, the
employee shall be entitled to all vacation pay earned and
accumulated up to and including the effective date of the
termination.
G. Vacation Postponement: If an employee’s vacation becomes due
during a period when the employee is on leave due to illness or
injury, the employee may request that the vacation dates be
changed, and the District may grant such request in accordance
with vacation dates available at the time.
If for any reason an employee is not permitted by the District to
take all or any part of the employee’s annual vacation, the amount
not taken shall, at the option of the employee, be accumulated for
use in the following year or be paid in cash.
H. Holidays: When a holiday falls during the scheduled vacation of
any employee, such employee shall be granted an additional day’s
vacation with pay for each holiday falling within that period.
I. Vacation Scheduling: The District reserves the right to schedule
vacations at times least disruptive to normal work routines.
However, with the approval of the District, vacations may be
scheduled at times requested by employees so far as possible
within the District’s work requirements. If there is any conflict
between employees who are working on the same or similar
operations as to when vacations shall be taken, the District shall
consider seniority and rotation of vacations among the employees
in granting vacation requests.
J. Interruption of Vacation: An employee shall be permitted to
interrupt or terminate vacation leave in order to begin bereavement
leave without a return to active service, provided the employee
supplies notice and supporting information regarding the basis for
such interruption or termination.
RULE 12.1
BEREAVEMENT LEAVE
An employee shall be granted up to a maximum of five (5) days of leave
with pay in the event of the death of a member of the employee’s
immediate family, said family being defined as: Spouse, natural or stepparent,
natural or step-parent-in-law, natural or step brother or sister,
brother or sister-in-law, natural or step-child, spouse or child, grandchild,
grandparent, or other person regularly residing in the household of the
employee.
The employee shall execute an affidavit verifying justification for
bereavement leave beyond the time required to attend services.
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RULE 12.2
JURY DUTY
The District agrees to grant to employees regularly called for jury duty in
the manner provided by law, leave of absence without loss of pay for the
time the employee is required to perform jury duty during the employee’s
regularly assigned working hours. Employees so called for jury duty,
must notify the District of service date(s) upon receiving said notice from
officers of the Court. The District shall pay the employee the difference,
if any, between the employee’s regular rate of pay and the amount
received for the jury duty, less meals, travel, and parking allowances.
Employees serving jury duty in the local court are required to return to
work during any day or portion thereof in which jury duty services are six
(6) hours or less. The District may require verification of jury duty time
prior to or subsequent to providing jury duty compensation. Any
employee whose regular assigned shift commences at 2:00 p.m. or after
and is required to serve more than four (4) hours on jury duty on a given
work day shall be relieved from work with pay for that day.
RULE 12.3
PERSONAL NECESSITY LEAVE
An employee may use up to ten (10) days of entitled/accumulated sick
leave in each school year for reasons of personal necessity. Personal
necessity shall be defined as bereavement that is not elsewhere provided
for; accident involving the person or property of an employee; appearance
in court or before an administrative tribunal as a litigant, party or witness
under subpoena or any order made with jurisdiction; an accident to or
illness of an employee’s immediate family necessitating the direct
attention of the employee; or personal business of a compelling nature
that can be accomplished only during the employee’s assigned work
hours. The District reserves the right to require the employee to submit an
affidavit or other appropriate verification of justification of the specific
nature or need of the personal necessity and personal necessity leave. The
District shall be the final judge of the employee’s proper use of personal
necessity leave.
RULE 12.4
MILITARY LEAVE
Employees shall be granted any military leave to which they are entitled,
under law, as classified school employees. Employees shall be required
to request military leaves in writing and supply the District with “orders”
and status reports.
RULE 12.5
SICK LEAVE
Classified employees employed by the District five (5) days per week
with full pay for a fiscal year shall be entitled to twelve (12) days’ leave
of absence for illness or injury, exclusive of days they are not required
to render service. Day, as used in this article, means the employee’s
regularly assigned work day, exclusive of overtime.
Classified Management and Confidential employees shall be entitled to
eighteen (18) days of leave of absence for illness or injury, or one and a
half (1 ½) days for each month worked.
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Employees employed less than five (5) days per week and/or less than a
full fiscal year are entitled to that proportion of twelve (12) days’ leave of
absence for illness or injury as the number of months they are employed
bears to twelve (12) months and/or the number of days per week they are
employed bears to five (5) days, whichever one or both may apply.
Credit for any hour(s) or day(s) of illness or injury need not be accrued
prior to taking such leave by the employee and such leave may be taken
at any time during the employee’s assigned work year. New employees
are not eligible to take more than six days, or the proportionate amount to
which entitled, until the first day of the calendar month after completion
of six months’ active service with the District. A classified employee new
to this District who transfers sick leave from another District or County
Superintendent of schools is eligible to use the transferred sick leave at
any time.
A. Accumulation: If an employee does not take the full amount
allowed in any year, the amount not taken shall be accumulated
from year to year.
B. Procedures: An employee absent due to illness or injury must
follow procedures established by the immediate supervisor to
notify the District of intent to be absent, the nature of the illness or
injury, and the anticipated duration of the illness as early as
possible. For all monthly employees, sick leave shall not be
taken at a lesser rate than one hour minimum and half-hour
increments thereafter.
An employee requesting paid illness or injury leave may be
periodically required, at the discretion of the immediate
supervisor, to provide medical statements on forms supplied by
the District, with any medical cost to be borne by the employee.
Employees absent due to surgery, serious injury or illness or
absent for more than five (5) consecutive assigned work days may
be required, at the discretion of the District, to submit a medical
release to their immediate supervisor prior to being permitted to
return to work.
C. Break in Service: An employee who is on paid leave as provided
in these rules shall continue to receive earned health, holiday, and
vacation benefits during such paid leave. These benefits shall not
be provided by the District during unpaid leave.
D. Additional Sick Leave: Each year, each employee shall be entitled
to five months of sick leave in addition to those required in this
rule. Such additional sick leave shall be compensated at 50% of
the employee’s reqular rate of pay for the employee’s regularly
assigned work schedule. Not more than five months of additional
sick leave shall be provided in any one fiscal year, nor shall more
than five months of additional sick leave be provided for absence
attributed to the same illness or injury, irrespective of the fiscal
year or years involved.
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E. Upon retirement, the earned but unused sick leave of any
employee employed before July 1, 1980, by the District for 10 or
more calendar years, may be converted to retirement credit
pursuant to Government Code Rule 20862.5. The employee must
notify the District of the retirement and request such conversion of
sick leave to retirement credit. Upon retirement, if earned but
unused sick leave of any employee employed by the District for 10
or more years has not been converted to retirement credit pursuant
to Government Code Rule 20862.5, the employee will be paid the
number of hours or days at the current rate of pay in his/her final
accounting check, not to exceed $7,500.
RULE 12.6
OTHER LEAVE
A. Pregnancy Disability: Female employees who are in a paid status
immediately preceding medically verified pregnancy disability
and who return to active employment with the District
immediately following the conclusion of (release from) pregnancy
disability following child birth or miscarriage, shall be eligible to
receive compensation at their regular rate of pay, charged against
available sick leave for the work days missed during the period of
disability, provided that the District receives medical status reports
not less frequently than once each two weeks during the period of
disability on forms provided by the District.
B. Maternity-Child Rearing Leave: The District shall provide
employees, male or female, who are natural or adoptive parents,
an unpaid leave of absence for the purpose of rearing the
employee’s child. A pregnant female employee may begin this
leave any time during her pregnancy. The length of the leave shall
be for not more than one (1) year. The employee may request and
shall be granted leave for less than one (1) year. An employee
shall serve in paid status four (4) consecutive semesters to be
eligible for each additional leave under this Rule. The employee
shall notify the District of such intent four (4) weeks prior to the
anticipated date of the leave.
C. Retraining and Study Leave: An unpaid leave of absence for
study/retraining may be granted to any employee at the discretion
of the District.
Such leave of absence may be taken in separate six (6) month
periods or in any other appropriate periods rather than for a
continuous one (1) year period provided the separate periods of
leave of absence shall be commenced and completed within a
three (3) year period. Any periods of service by the individual
intervening between the authorized separate leave periods shall
comprise a part of the service required credit for a subsequent
leave of absence for study or retraining purposes.
Study and/or retraining leave cannot be granted to a classified
employee who has not served at least three (3) consecutive years
preceding granting of the leave. No more than one study and/or
year retraining leave of absence shall be granted in each three
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(3) year period. The District may prescribe standards of service
which shall entitle the employee to the leave of absence.
Any leave of absence granted under this rule shall not be deemed
a break in service for any purpose, except that such leave shall not
be included as service in computing service to the granting of
any subsequent leave under this type of leave, nor shall an
employee earn vacation pay, sick leave, holiday pay, or other
benefits provided under this agreement.
D. Personal Reasons: Employees may request unpaid leave of
absence for personal reasons. Such leave must be requested in
advance, in writing, stating the reason for the request. The
immediate supervisor, with authorization by the Director of
Personnel, may approve the request for unpaid leave of absence
for personal reasons, provided that such absence will not, in the
sole judgment of the supervisor, disrupt the operation of the
District, and provided that where necessary a satisfactory
substitute is available. Unpaid leave of absence for personal
reasons shall be granted for not less than one-half (1/2) day,
and for not more than thirty (30) days. Request for unpaid leave
of absence for personal reasons for more than thirty (30) days
must be submitted to the Board of Trustees for approval.
E. Industrial Accident and Illness Leave: Employees who sustain an
injury or illness arising directly out of and in the course and scope
of their employment shall be eligible for a maximum of sixty (60)
working days paid leave in any one fiscal year. Industrial accident
or illness leave will commence on the first day of absence.
When an employee is absent from duty on account of an industrial
accident or illness, the employee shall submit within the first
seven (7) days of leave, a statement from a licensed physician or
other evidence as may be required by the District affirming that
the industrial accident or illness does exist and did occur while
performing work for the District. The District may require the
employee to submit to a physical examination by a physician
selected by the District at any time during the leave, at District
expense. The District may, at its option, require the employee to
provide verification of the job relatedness of the accident or illness
to the District’s compensation insurance carrier and the District
may, at its option, accept the carrier’s determination of the job
relatedness of the accident or the illness.
Payment for wages lost on any day shall not, when added to an
award granted under the Worker’s Compensation laws of this
State, exceed the normal wages for the day. Industrial accident
and illness leave will be reduced by one day for each day of
authorized absence, regardless of a compensation award made
under the Worker’s Compensation.
When an industrial accident or illness occurs at a time when the
full sixty (60) work days will overlap into the next fiscal year, the
employee shall be entitled to only that amount of the sixty (60)
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day allotment remaining at the end of the fiscal year in which the
industrial injury or illness occurred, for the same illness or injury.
Employees shall be required to have completed their probationary
service in the District to be eligible for industrial accident or
illness leave.
Industrial accident or illness leave is to be used in lieu of normal
sick leave benefits. When entitlement to industrial accident or
illness leave under this rule has been exhausted, entitlement to
other sick leave,vacation or other paid leave will be used. If,
however, an employee is still receiving temporary disability
payments under the Worker’s Compensation laws of this State
at the time of the exhaustion of benefits under this rule, the
employee shall be entitled to use only so much of the employee’s
accumulated and available normal sick leave and vacation leave,
which, when added to the Worker’s Compensation award,
provides for a day’s pay at the regular rate of pay.
Any employee receiving benefits under this rule shall, during
periods of injury or illness, remain within the State of California
unless the District authorizes travel outside the State.
When all leaves of absence, paid or unpaid, have been exhausted
and if the employee is not medically able to resume regular and
normal duties of the employee’s position or if the employee
accepts another position in the District, the employee’s name shall
be placed on the reemployment list for a period not to exceed
thirty-nine (39) months. At any time the employee shall be entitled
to reemployment over all other available candidates except those
listed on a reemployment list established as a result of layoff for
lack of work or lack of funds.
The employee on industrial accident or illness leave shall provide
the District with medical clearance for return to normal and
regular duties before returning to work. The District may, at its
option, require the employee to submit to an examination by a
District-appointed physician prior to returning to work. The
District shall pay the costs of the District-appointed physician.
Any time an employee on industrial accident or illness leave is
able to return to work under the requirements above, the employee
may be reinstated in a position in the same class without loss of
status or benefits.
RULE 12.7
CATASTROPHIC SICK LEAVE BANK
A. WHEN GRANTED: Employees who suffer a catastrophic illness
which results in the employee using all available paid leaves,
including regular sick leave, 50% sick leave, vacation time, and
available industrial accident and illness leave, shall become
eligible to use this catastrophic sick leave bank, subject to the
restrictions and conditions outlined in this rule.
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B. ELIGIBILITY OF THOSE WHO DONATE DAYS: The use of
the Sick Leave Bank shall be available only to those classified
employees who have made a donation to the Bank. The exception
to this restriction shall be any classified employee who was absent
due to an approved catastrophic illness allowed under this rule at
the time of the adoption of this rule by the Personnel Commission.
C. SICK LEAVE BANK: The William S. Hart Union High School
District shall have established a Catastrophic Sick Leave Bank to
which all classified employees may donate earned and unused sick
leave days and/or earned or unused vacation days to the Sick
Leave Bank. This donation shall be irrevocable, and shall be
accomplished by the employee filing a “Classified Sick Leave
Bank Irrevocable Deposit Form.” The form shall clearly state that
the sick leave daysand/or vacation days being donated are
irrevocably given to the Sick Leave Bank, and cannot be rescinded
for any reason whatsoever. A donation to the Sick Leave Bank
shall be a general donation, and shall not be donated to a specific
employee for his/her exclusive use.
D. LIMITS ON NUMBER OF DAYS No classified employee may
donate any sick leave days unless the employee has a minimum of
five (5) earned sick leave days credited to his/her sick leave
account. A less than twelve (12) month employee may not donate
vacation days if such donation would result in an unpaid period of
time during the Winter or Spring Recess periods. Twelve (12)
month employees shall have no such restrictions. There is no limit
to the number of sick leave days an employee may donate to the
Sick Leave Bank, so long as the minimum number of earned sick
leave days available to the employee does not fall to five (5) days
or less. Except for the restrictions above, there shall be no limit to
the number of sick leave days an individual employee may
contribute to the Sick Leave Bank.
E
CERTAIN TYPES OF ILLNESS EXCLUDED FROM THIS LEAVE:
Any mental stress related illness shall be excluded from the
benefits of this rule.
F. SOLICITATION OF DONATIONS: There shall be two periods
of soliciting Catastrophic Sick Leave Bank donations from all
classified employees. The first period shall be November of each
year, and the second period shall be June of each year. If the Bank
becomes depleted, there will be an additional donation period. At
the beginning of each donation period, the Personnel Commission
Office shall send to each classified employee a notice outlining
the Sick Leave Bank program and a “Classified Sick Leave Bank
Irrevocable Deposit Form.” All donations must be received by the
Personnel Commission Office by the last work day in November,
and the last work day in June. At the inception of the program in
September 1991, the Personnel Commission Office shall make a
special solicitation of donations as soon as possible after the
approval of this rule. This will allow for an initial bank of days to
be created immediately.
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G . SICK LEAVE BANK APPROVAL COMMITTEE: All
employees wishing to use the Sick Leave Bank shall submit a
“Classified Sick Leave Request for Withdrawal Form.”. This
form shall be submitted to the Personnel Commission Office. The
request shall state the maximum number of days being requested
by the employee. The Sick Leave Bank Committee shall consider
the request of the employee.The committee shall consist of the
Classified Personnel Director (Chairperson), a representative of
CSEA Chapter #349, one classified confidential employee. The
District Director of Personnel shall be on the Committee as a nonvoting
member. Approval of any request shall require a majority
vote of the voting committee members. Any rejection of a request
may be appealed to the Personnel Commission for final action and
decision. The timelines or filing an appeal shall be the same as
found in the initial step of the Commission’s grievance procedure
(Rule 10.83).
H. MAXIMUM NUMBER OF DAYS USED: The maximum number
of days allowed to be utilized by one employee for a single
approved catastrophic illness shall not exceed 260 days. An
employee may request a specific number of days on one
“Classified Sick Leave Bank Request for Withdrawal Form,” and
if the employee finds that additional days are necessary, the
employee may file an additional request for consideration by the
Committee, so long as the total number of days utilized for a
single approved catstrophic illness shall not exceed the maximum
of 260 days.
I. APPROVED AND UNUSED DAYS RETURNED TO SICK
LEAVE BANK Any days approved by the Committee or the
Personnel Commission that are unused by the employees shall be
returned to the Catastrophic Sick Leave Bank.
J. THE WORTH OF A DONATED DAY: A day of donated sick
leave or vacation shall be considered one day for purposes of
credit to the Sick Leave Bank, regardless of the number of hours
that donated day would have been worth to the employee making
the donation.
K. ONE USED DAY EQUAL TO THE EMPLOYEE’S REGULAR
PAY: If an employee uses a day from the Sick Leave Bank pay,
that day shall be the same pay the employee would have received
had the employee worked that day.
L. EMPLOYEES ON THIS LEAVE CONSIDERED IN PAID
STATUS: Employees who are granted use of Sick Leave Bank
Days shall be considered in regular paid status during such use.
M. ANNUAL STATEMENT OF SICK LEAVE BANK: During
September of each year, the Classified Personnel Commission
Office shall issue to each classified employee a statement
outlining the number of days available in the Bank as of
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September 1 of each year, and the number of days used in the
previous fiscal year.
Reference: Education Code Sections 45122, 45136, 45137,
45190, 45191, 45193, 49195, 45196.5, 45198, 45260, and 45261.
RULE 12.8
RULE 12.9
APPLICATION FOR LEAVE OF ABSENCE
Application for leave of absence must be submitted on the forms provided
and in accordance with the procedures established by the District.
CONDITIONS FOR GRANTING LEAVE
Leave of absence without pay may be granted upon filing of an
application showing reasons which are deemed sufficient, subject to the
following conditions:
A. An employee who has been granted a leave for 30 days or more
shall complete one year of service before a second leave will be
granted, except as otherwise provided in these Rules.
B. Leave of absence shall not be granted for more than twelve
consecutive calendar months, with the following exception:
1. Leave of absence for military service shall be granted as
provided in the Education Code and the Military and Veterans
Code.
2. Leave of absence for Peace Corps service shall not exceed 24
consecutive calendar months.
C. Military service--Leave of absence for military service shall be
granted as provided by the Education Code and the Military and
Veterans Code.
RULE 12.10
RETURN FROM LEAVE
A. An employee must give notification not less than thirty (30) days
prior to the expiration of the leave that it is the intention of the
employee to return to active service.
B. An employee will be assigned to the same position or a position in
the same class upon return to service following a leave of absence
only if absent six calendar months or less.
C. An employee returning from leave of absence longer than six
months will be assigned to a vacant position in the class in which
the employee holds status. If no such vacant position is
reemployment list for the class for a period of thirty-nine (39)
months. The employee may return to a vacant position in the class
at the same or a lower salary level for which qualified.
D. An employee who fails to return from a leave of absence within
three days after the expiration of the leave shall be deemed to have
abandoned the position.
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RULE 12.11
RETURN FROM MILITARY LEAVE
An employee returning from military service who presents the discharge
as evidence of such service, shall be returned to the former position in the
appropriate classification if such position exists, and shall have the
privilege of accepting assignment to other vacancies of equal or lesser
grade or rank for which qualified, provided, however, that should the
returning employee accept a position of equal or lesser grade or rank, the
continued occupancy of such position shall be dependent upon
maintaining service ratings above the point designated as unsatisfactory
by the District.
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