This an article of the 2000-2003 contract with teachers that are represented by the Alameda Education Association. Here the complete table of contents of the contract.

ARTICLE 5

LEAVES

Article 5 from the 2003 Contract

5.01 Bereavement Leave

5.01.01 An employee shall be entitled to a leave of seven (7) days due to the death of spouse, parent, or child.

5.01.02 An employee shall be entitled to a leave of absence, not to exceed three (3) days for one-way travel of 250 miles or less; or five (5) days if one-way travel of over 250 miles is required, due to the death of any member of his/her immediate family, except for spouse, parent, or child.

5.01.03 For purposes of this provision, the term "immediate family" shall include grandparents, grandchildren, in-laws, siblings of the employee, individual noted on a Domestic Partner Affidavit or any individual residing in the immediate household of the employee. Inclusion of other members in the definition of "immediate family" may be granted at the direction of the Superintendent, or designee.

5.01.04 Any employee may be granted up to two (2) days' bereavement leave for the death of persons of established close family relationship.

5.01.05 For leave granted under this provision, no deductions shall be made from salary or sick leave, unless otherwise specified.

5.01.06 Upon exhaustion of bereavement leave, an employee may use personal necessity leave in accordance with Section 5.04.

5.01.07 Upon exhaustion of personal necessity leave, an extension of bereavement leave may be granted by the Superintendent but it shall be deducted under sick leave. Requests shall not be unreasonably denied.

5.01.08 Notification to the District of the absence shall be made in accord with the sick leave policy.

5.02 Judicial Leave

5.02.01 An employee shall be granted leave to appear in court as a witness when subpoenaed, other than as a litigant, to serve on a jury, or respond to an official order from another governmental jurisdiction for reasons not brought about by the connivance or misconduct of the employee. An employee shall receive his/her regular pay and shall endorse to the District any amounts received for jury duty.

5.03 Personal Illness and Injury Leave

5.03.01 A full-time employee shall be entitled to ten (10) days' leave with full pay each school year for purposes of personal illness and injury.

5.03.02 An employee who works less than full-time shall be entitled to that portion of the ten (10) days as the number of hours per week of scheduled days relates to the number of hours or a full-time employee in a comparable position.

5.03.03 A full time employee may use up to six (6) days of accrued/available sick leave per year to attend to an illness of a child, parent or spouse. This use shall be subject to the same conditions and restrictions as apply to the employee’s use of sick leave for his/her own illness. This sick leave entitlement shall not extend the maximum period of leave to which the employee is entitled under Government Code Section 12945.2 or the Family Medical Leave Act and shall run concurrently with those leaves when the reason for this leave is also reason for leave under those provisions.

5.03.04 Extended Sick Leave of Absence with 5 Month Differential Pay: During each school year when a unit member has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to five school months, whether or not the absence arises out of or in the course of employment, the amount deducted from the salary due the unit member for any month in which the absence occurs shall not exceed the sum which is actually paid a substitute employee to fill the position during the absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. The District shall make every reasonable effort to secure the services of a substitute employee. Any salary paid to a substitute teacher in excess of the absent unit member’s daily rate shall be paid by the District.

a. The sick leave, including accumulated sick leave, and the five month period shall run consecutively.

b. If awarded catastrophic leave the employee may use that leave prior to the five (5) month differential pay leave.

c. A unit member shall not be provided more than one five month period per illness or accident. However, if a school year terminates before the five month period is exhausted, the unit member may take the balance of the five month period in a subsequent school year.

d. When a unit member has exhausted all available sick leave, including accumulated sick leave, and continues to be absent on account of illness or accident beyond the five month period provided for above, and the unit member is not medically able to resume the duties of his or her position, the unit member shall, if not placed in another position, be placed on a reemployment list for a period of 24 months if the unit member is on probationary status, or for a period of 39 months if the unit member is on permanent status. When the unit member is medically able during the 24 or 39 month period, the unit member shall be returned to employment in a position for which he or she is credentialed and qualified. The 24-month or 39 month period shall commence at the expiration of the five-month period provided for above.

5.03.05 An employee may accumulate unused sick leave without limitations.

5.03.06 The District may require verification of illness, injury, or quarantine from a licensed physician, licensed medical care provider or nurse practitioner, if an employee utilized sick leave for five (5) consecutive school days. Employees returning to work from sick leave involving major surgery or serious illness shall be required to present a doctor's release verifying medical permission to return to work.

5.03.07 An employee must contact his/her supervisor in advance of taking sick leave whenever possible in order that other arrangements may be made for services needed. In cases where the absence will be for a period more than one day, the employee will notify the Substitute Desk the day prior to his/her return. Where earlier notification is not possible, the employee will notify the Substitute Desk between 6:00 a.m. and 8:00 a.m. on the day of return to duty.

5.03.08 An employee who is absent for one-half day or less shall have one-half day deducted from accumulated leave; and if the absence exceeds more than one-half day, a full day shall be deducted from accumulated leave. When the notification of return to duty is given too late to withdraw the substitute from the assignment, the substitute shall be permitted to work an additional one-half day and the regularly assigned employee shall be assessed an additional half day of absence.

5.03.09 A full time Adult School employee shall be entitled to ten (10) days' sick leave. Hourly Adult School employees shall be entitled to sick leave based on twice the number of hours of service per week assigned.

5.03.10 An Adult School employee who does not use the allotted sick leave during any school year shall be allowed to accumulate sick leave on the following basis: the average number of days employed per week shall determine the number of days sick leave allowed. The number of days allowable sick leave shall be converted into hours and the net number of hours unused at the close of the school year will be credited to the employee.

5.03.11 A ten (10)-month employee serving in a certificated position during the summer months may use any accumulated sick leave in a manner similar to the regular school year.

5.03.12 The Superintendent or the supervisor of the employee may require a physician's or other verification as to any employee's claimed reasons for absence in any situation which it is believed that no valid grounds exist for the employee's claim for absence.

5.03.13 Quarantine Absence - There will be no charge against an employee's cumulative sick leave if because of another's illness he/she has been quarantined by city or county health officers. Under these circumstances, the employee shall receive his/her salary in full.

5.03.14 Compelling Personal Importance - Three (3) days of sick leave may be used by an employee for the reason of compelling personal importance. "Compelling Personal Importance" is used to mean an event or circumstance which is out of the ordinary, beyond the control of the employee, and one that cannot be handled before or after regular duty hours. This day may not be used in conjunction with any other leave without prior approval by the District Personnel Office.

5.03.15 Catastrophic Sick Leave Bank

a. The District shall establish a Catastrophic Leave Bank for all employees beginning January 1, 1998.

b. Every unit member who wishes to be eligible for this “bank” must contribute one sick leave day to the “bank”. Said donation shall be done during the month of January 1998, initially and as needed thereafter. If the unit member does not contribute when eligible (within 90 days of eligibility as a probationary/permanent teacher) the unit member forfeits the ability to use this bank. This eligibility rule is in effect each time the bank requests new contributions. Any time the bank falls below sixty (60) days a new solicitation shall be done.

c. A maximum of sixty (60) days may be given a member for catastrophic leave. All catastrophic leaves must be preceded by a letter defining the catastrophic nature of the request. An employee applying for catastrophic leave shall have suffered severe incapacitating illness or injury which is expected to be for an extended period of time, as certified by the attending physician or doctor, which requires the regular and continual care of a physician or doctor, and which prevents the employee from performing the substantial duties of his/her assignment. The Chief Personnel Officer, Personnel services and the AEA President shall act upon the request. The granting of catastrophic leave shall be contingent upon mutual agreement of the District and AEA and this decision shall not be grievable.

d. A condition of the granting of the first sixty (60) days of catastrophic leave shall be the exhaustion of fully paid leave. However, the first sixty (60) catastrophic leave days shall be considered pre-differential days.

e. Any unit member is eligible to reapply for one additional unit of sixty (60) days if needed after the differential days have been exhausted.

f. To be eligible for an additional sixty (60) days of catastrophic leave (paragraph above), the unit member shall be enrolled in an income protection plan providing for a minimum of one (1) year’s salary.

g. An employee who is on catastrophic leave may be required by the Committee to apply for STRS disability.

h. A review of the Catastrophic Leave Bank may be initiated by the District or the Association by May 1 of any year and shall be continued into the next school year only with mutual agreement.

5.03.16 Sick Leave Incentive - A full-time employee shall accumulate one extra day of sick leave for each year that the employee uses one or less days of sick leave.

A donation to the catastrophic leave bank or use of up to three days of personal necessity as religious holidays shall not constitute use of sick leave for purposes of this provision.

5.04 Personal Necessity Leave

5.04.01 Personal necessity leave shall be limited to circumstances serious in nature which an employee cannot reasonably be expected to disregard. Absences pursuant to this leave provision normally necessitate the employee's immediate physical presence elsewhere and involve matters which cannot be accomplished at any other time.

5.04.02 In any single school year a maximum of seven (7) days of accumulated sick leave may be used for personal necessity reasons as defined below.

5.04.03 Under personal necessity leave, an employee shall not be required to secure advance permission for leave taken for any of the following reasons:

a. Death or illness of a member of his/her immediate family.

b. Accident involving his/her person or property, or the person or property of a member of his/her immediate family.

c. Imminent danger to the home of the employee, occasioned by an event such as flood or fire, serious in nature, which under the circumstances the employee cannot reasonably be expected to disregard, and which requires the attention of the employee during his/her assigned hours of service.

5.04.04 The following personal necessity leaves shall require prior notice and be limited to:

a. Appearance in court as a litigant

b. Paternity

c. Bereavement beyond the number of days allowable in the bereavement leave, Section 5.01.04.

d. Adoption

e. Established religious holidays.

5.04.05 Advance approval shall be required for other personal "contingencies" that require the employee's absence from duty. "Contingency" is used to mean an event or circumstance which is out of the ordinary, beyond the control of the employee and one that cannot be handled before or after regular duty hours.

5.04.06 Where prior notice or approval is necessary for personal necessity leave, the employee shall submit a Personal Necessity Form to the Personnel Office. Forms for such leave are to be submitted at least two (2) days prior to commencement of leave.

5.04.07 The employee shall fill out the necessary absence forms upon his/her return. The District Personnel Office shall be responsible for the administration of personal necessity leave, including verification of such leaves.

5.05 Industrial Accident/Illness Leave

5.05.01 An employee will be entitled to industrial accident or illness leave according to the provisions in the Education Code for personal injury which has qualified for workers' compensation under the provisions of the State Compensation Insurance Fund.

5.05.02 Such leave shall not exceed sixty (60) days during which schools of the District are required to be in session or when the employee would otherwise have been performing work for the District in any one fiscal year for the same industrial accident or illness.

5.05.03 For any days of absence from duty as a result of the same industrial accident or illness, the employee shall endorse to the District any wage loss benefit check from the State Compensation Insurance Fund which would make the total compensation from both sources exceed 100% of the amount the employee would have received as salary had there been no industrial accident or illness.

5.05.04 If the employee fails to endorse to the District any wage loss disability indemnity check received due to 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.

5.05.05 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 the employee will be temporarily unable to perform assigned duties and the degree to which a disability is attributable to the injury or illness involved.

5.06 Maternity Leave

5.06.01 Maternity Leave: The Board shall provide for leave of absence from duty for any employee who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. The length of the leave of absence, including the date on which the employee shall resume duties, shall be determined by the employee and the employee's physician.

5.06.02 Pregnancy Disability: An employee is entitled to use personal illness leave as set forth in Section 5.03 of this Article for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom. Such leave shall not be used for child care, child-rearing, or preparation for child- rearing, but shall be limited to those disabilities as set forth above.

The length of such disability leave, including the date on 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; however, the District management may require verification of the extent of disability through consultation with the employee and the employee's physician.

5.07 Child-Rearing Leave

5.07.01 Upon request, the Board shall provide an employee who is a natural or adopting parent an unpaid leave of absence for the purpose of rearing his or her child. Such leave shall remain in effect no longer than the end of the second semester following the request for this leave.

5.07.02 An employee shall notify the Superintendent that he/she intends to take such leave at least six (6) weeks prior to the anticipated date on which the leave is to commence or as soon as possible. Upon request, the Board shall extend a child-rearing leave up to two (2) additional semesters.

5.07.03 Any employee who seeks an extension of a child- rearing leave shall notify the Superintendent no later than six (6) weeks preceding the expiration of the original leave.

5.08 Health Leave

5.08.01 The Board shall grant an employee who has exhausted all other illness leaves, upon request, an unpaid leave for health reasons for the period requested up to the end of the school year.

5.08.02 A statement by the employee's physician to the effect that the employee is entitled to such leave shall be furnished at the Board's request.

5.08.03 An employee shall notify the Board of his/her intended return date at least two (2) weeks in advance but in no event later than June 30.

5.09 Study Leave

5.09.01 Board may grant an employee an unpaid leave of absence to pursue educational improvement and advancement. This improvement and advancement shall consist of a formal course of study for credit. Such leave shall be for a minimum of one semester and a maximum of two (2) semesters and shall be extended upon request for a maximum of two (2) additional semesters, provided that verification of full-time academic pursuit is presented.

5.09.02 An employee shall make application to the Superintendent at least six (6) weeks prior to the anticipated date on which the leave is to commence.

5.09.03 An employee who seeks an extension of study leave shall make application no later than six (6) weeks preceding the expiration of the original leave.

5.10 Legislative Leave

5.10.01 An employee who is elected or appointed to a public office shall be entitled to an unpaid leave of absence for the length of his/her term or terms of office.

5.10.02 The employee on such leave shall notify the Board of his/her intended return at least six (6) weeks in advance.

5.10.03 The employee on such leave shall be entitled to return to employment at the end of the leave.

5.11 Inservice Leave

5.11.01 Upon request, an employee may be granted inservice leave for the purpose of improving his/her professional performance. This includes attendance at professional conferences and performance of duties as an officer in a professional organization. Application for such leave shall be made to the Superintendent through the employee's immediate supervisor. Such leave shall be paid.

5.12 Sabbatical Leave

5.12.01 All applications for sabbatical leave shall be submitted to the Office of Personnel and shall include a detailed outline of the purpose and the plans for use of such leaves.

5.12.02 An employee who has served the District for seven (7) consecutive years is eligible to apply for sabbatical leave. Authorized leaves shall not constitute a disruption of consecutive years of service accruing toward the sabbatical leave requirements. Leaves may be one semester or one year.

5.12.03 Applications for sabbatical leave must be submitted to the Office of Personnel no later than March 1 of the year preceding the school year in which leave is requested.

5.12.04 Members of the unit may be granted sabbatical leave in any one school year if approved by the Board in accordance with the provisions of this section.

Distribution of leaves will be weighted against the following criteria:

a. The benefit to the schools and pupils of District

b. Specific purpose of the sabbatical

c. Quality of applicant's service to the District

d. Former sabbatical leaves granted to the employee

e.T otal length of employee's professional service

f. Employee's seniority in the District

g. Cost to the District

5.12.05 Evaluation of application shall be made by a committee consisting of three (3) employees appointed by the Association and three (3) others appointed by the Superintendent or his/her designee.

5.12.06 An employee on sabbatical leave shall be compensated at the difference between the salary of the employee on leave and the salary at Step I, Column 3, on Salary Schedule A. While on leave, the employee may continue fringe benefits at his/her own expense.

5.12.07 Upon application, the employee will sign an agreement to return to service in the District for not less than two (2) years upon completion of leave, or restore to the District all compensation received while on leave. Sabbatical leave salary payment will be made in the same manner as if the employee were working in the District.

5.12.08 In case of injury to, or illness of, the employee during sabbatical leave which prevents his/her completing the purpose of the leave, the sabbatical leave will be terminated and all provisions for sick leave will apply. If death, serious injury, or disabling illness prevents the employee from fulfilling the agreement to return to service in the District, no repayment of salary will be required.

5.12.09 The employee who has taken sabbatical leave will file with the Office of Personnel, for transmission to the Board of Education, a detailed report within sixty (60) days after returning, giving evidence that the program of study and/or travel has been carried out.

5.13 Family Medical Leave

5.l3.01 The District shall comply with the applicable provisions of the California Family Rights Act and the Family and Medical Leave Act. Nothing herein shall be construed to delete any rights in the contract or the Education Code.

5.l3.02 Specifically, the Act permits unpaid leave for birth of a child, placement of a child for adoption or foster care, to care for a spouse, child or parent with a serious health condition, or a serious health condition which renders the employee unable to perform job functions.

5.l3.03 Definitions of child and parent shall be as defined in the above law.

5.l3.04 For any of the above leave reasons, the employer shall maintain the employee's health benefits coverage on the same level as if the employee has continued to work to the extent required by the above referenced law. If an employee fails to return to work, an employer may recover its share of health plan 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 circumstance beyond the employee's control.

5.13.05 Family medical leave will run concurrently with other paid and unpaid leave if the reasons for the leave meet the requirements of family medical leave.

5.l3.06 An employee may be required to provide medical certification whenever a serious health condition of the employee or his/her family member is the reason for the leave. A second or third medical opinion may be required regarding the employee's serious health condition at the District's expense. In certain circumstances, the employee may be required to provide recertification of his or her serious health condition (e.g., when the duration and/or need for the leave is uncertain). Failure to obtain medical certification when necessary may delay the granting of the leave request until such certification is provided.

5.l3.07 Where advance notice is possible, an employee must provide 30 days advance written notice of the need for the leave. If the need for the leave is unforeseen, written notice must be given as soon as possible. Failure to provide advance written notice may delay the granting of leave.

5.l3.08 An employee may be required to provide periodic reports of his or her status and of his or her intent to return to work while on leave. Such reports may be required as often as every 30 days, unless otherwise specified by the employee's immediate supervisor.

5.13.09 An employee on family leave for his or her own serious health condition is required to provide a fitness-for-duty certificate from his or her physician before he or she will be reinstated to employment.

5.14 Military Leave

5.14.01 Unit members who have active duty assignments during the school year shall be compensated in accordance with applicable law.

5.15 Casual Absence

A supervisor shall have the power to grant a full-time employee permission to be absent, without loss of salary, for parts of a day, not to exceed one-half day, when good reason for such absence exists and provided that frequent requests for such absence are avoided. Such absences may be granted only when the supervisor is certain that the normal assignment for the individual can be adequately covered.

5.16 General Purpose Leave

Leave granted by the Board not specified or defined is a general purpose leave. In the application, the employee must specify the reason for the leave. If this leave is granted, it shall be granted for a maximum of one year. An employee is not limited to one general leave per career. Normally the Board shall not grant a leave to allow the employee to accept other employment, whether the employment be as an educator or in a different occupation.

5.17 Returning from Leave

5.17.01 An employee on an unpaid leave of absence shall be entitled to be assigned to the same site and position held prior to the leave of absence, or if circumstances do not permit such assignment, to an available position at the site similar to the position held at the time the leave was granted only if the employee notifies the District by March 1 of his/her intent to return for the coming school year. If an employee is on leave for health purposes, the District may require a report from the employee's physician prior to March 1 regarding whether the employee will return to work at the beginning of the following school year. This provision shall not apply to any leave longer than one year.

5.17.02 If, when requested to do so an employee fails to notify the District prior to July 1 of his/her intent to remain or not to remain in the service of the District, the District may terminate the employee as of June 30th of that year in accord with Education Code section 44842. A notice and hearing as required by the Education Code shall be offered prior to termination.

5.18 Miscellaneous

5.18.01 An employee on an unpaid leave of absence shall be entitled to make payments for all District Group Insurance programs in which the employee may wish to participate.

5.18.02 Superintendent may require, where any absence for illness, accident or quarantine is taken during a work stoppage, a statement from the attending physician for such absence. The expense, if any, for this statement verifying valid absence during work stop page, shall be paid by the District if the employee's medical plan does not cover such expense. No compensation shall be paid for absences which are not under the provisions of this Article.

5.18.03 The District has the right to require that an employee be examined by a physician designated by the District at the District's expense prior to an employee's return from leave.

This procedure shall be implemented only for just cause. The employee reserves the right to a second medical opinion by a physician or practitioner of the employee's choice at the District's expense.

No absence arising from implementation of this section shall result in loss of salary, fringe benefits, sick leave, or any other leave rights.

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Article 5 from the 2003 Contract

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Last modified: January 12, 2004

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