!!!!! Contract Between the. Board of Trustees of the. Magnolia School District. and the. Magnolia Educators Association

Transcription

1 !!!!! Contract Between the Board of Trustees of the Magnolia School District and the Magnolia Educators Association July 1, 2013 through June 30, 2016

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3 TABLE OF CONTENTS ARTICLE NUMBER Article Number Article Page 1 Agreement Recognition Definitions Association Rights Dues Deduction Non-Discrimination Grievance Procedure Leaves of Absence Transfer and Reassignment Evaluation Hours of Employment Class Size Safety Salaries Health and Welfare Benefits Reduced Workload/Job Share/Part-Time District Rights Discipline Concerted Activities Peer Assistance and Review Salary Schedule (2013/14)... Appendix A School Calendar (2013/14)... Appendix B Memorandum of Understanding (Impact Teachers)... Appendix C

4 TABLE OF CONTENTS ALPHABETICAL Article Title Article Number Page Agreement Association Rights Class Size Concerted Activities Definitions Discipline District Rights Dues Deduction Evaluation Grievance Procedure Health and Welfare Benefits Hours of Employment Leaves of Absence Non-Discrimination Peer Assistance and Review Recognition Reduced Workload/Job Share/Part-Time Safety Salaries Transfer and Reassignment Salary Schedule (2013/14)... Appendix A School Calendar (2013/14)... Appendix B Memorandum of Understanding (Impact Teachers)... Appendix C

5 ARTICLE 1. AGREEMENT 1.1 Agreement Clause. The Articles and Provisions contained herein constitute an Agreement by and between two parties. The two parties are the Board of Trustees of the Magnolia School District, hereinafter referred to as "District" and the Magnolia Educators Association, CTA/NEA, hereinafter referred to as "Association." 1.2 Authority. It is understood that all provisions contained in this Agreement shall be deemed to prevail in accordance with the Education Code, California Code of Regulations, Title V; other State laws; District policies, procedures, rules, regulations and program operation. 1.3 Duration. This Agreement shall remain in full force and effect from July 1, 2013 until June 30, 2016 except as specifically stated otherwise. 1.4 Effect of Agreement. This Agreement shall supersede any rules, regulations, or practices of the employer that are contrary to or inconsistent with its terms. 1.5 Publication of Agreement. Within thirty (30) calendar days of the ratification of this Agreement by the District and the Association, the District shall provide twenty (20) copies to the Association and post a copy of the updated contract on the District website. Upon request, the District shall provide a copy of the Agreement to a unit member. 1.6 Improvement of Benefits. Improvements in member benefits contained in this Agreement, which are brought about by the amendment or addition on statutory mandated guarantees now provided in California law, shall be incorporated into this Agreement. Within ten (10) days of receipt of a written request by either party to include them, the parties shall meet and negotiate over the issue(s) involved in a good faith effort to reach mutual agreement. 1.7 Section Contrary to Law. If this Agreement is held contrary to law by a court of competent jurisdiction, the parties shall meet within ten (10) days to renegotiate the provisions affected. MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 1

6 ARTICLE 2. RECOGNITION 2.1 Pursuant to Chapter 961, California Statutes of 1975, the Magnolia School District Board of Trustees (hereinafter "District") hereby recognizes the Magnolia Educators Association, CTA/NEA (hereinafter "Association") as the exclusive representative for the unit of all certificated employees excluding superintendent, assistant superintendents, directors, principals, assistant principals, coordinators, hourly employees, day-to-day substitutes, home teachers. 2.2 All new titled certificated positions established by the District shall be discussed with the Association. Unit determinations not agreed to by the District and the Association shall be resolved through PERB regulations. MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 2

7 ARTICLE 3. DEFINITIONS 3.1 Unit Member refers to any employee who is included in the appropriate unit as defined in Article 2 and therefore covered by the terms and provisions of this Agreement. 3.2 Immediate Family shall include: mother, father, stepparent, grandmother, grandfather, or a grandchild of the employee or the spouse/registered domestic partner of the employee, and the spouse, son, son-in-law, daughter, daughter-in-law, stepchild, brother, sister, brother-in-law, sister-in-law, or any person living in the immediate household of the employee. 3.3 Superintendent means the chief executive officer of the District or his/her designee. 3.4 Board is the governing board of the District which is the public school employer of the employees covered by this Agreement. 3.5 Day is a day in which the District Administrative office is open for business. 3.6 School Day is a day when school is open for pupils. 3.7 Daily Rate of Pay means the unit member's annual salary divided by the number of work days in the adopted school calendar. 3.8 Seniority shall mean the date upon which the unit member first rendered paid service in a probationary position in the District. Breaks in seniority take place when a teacher resigns from the District and is subsequently reemployed. 3.9 Association shall refer to the Magnolia Educators Association, CTA/NEA, the exclusive representative of unit members in the bargaining unit Duty Day is any contractual day in which the unit member is engaged in activities authorized by the District. MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 3

8 ARTICLE 4. ASSOCIATION RIGHTS 4.1 Use of District Facilities The Association and its members shall have the right to make use of school buildings and facilities at all reasonable hours when such are not otherwise in use The Association and its members shall have the right to reasonable use of equipment normally located at school and used by unit members in the course of their employment at such times as that equipment is not otherwise in use. 4.2 Access. The Association representatives shall have the right to transact Association business on school property at all reasonable hours when unit members are not directly performing services on behalf of the District. 4.3 Communication. The Association and its members shall have the right to post notices of activities and matters of Association concern on designated Association bulletin boards, at least one of which shall be provided in each school building in areas frequented by unit members. The Association may use the District mail service and unit members' mailboxes for communicating with unit members. One copy of all materials placed in mailboxes shall be provided to the District management at the facility The Association president or vice president may use District for the limited purpose of announcing to committee members the scheduling of Association representative council, executive board, and negotiation meetings. Copies of the s shall be sent to the Assistant Superintendent, Human Resources and Technology. The District reserves the right to disallow access to the Association in the event this section is violated. 4.4 Representation. The unit member shall have the right to representation by the Association in any meeting which may result in any disciplinary action being taken against the unit member by the District, up to and including suspension, dismissal, or other disciplinary action. The unit member also has the right of representation by the Association at any level of the grievance procedure provided herein. 4.5 Release Time-Negotiations. A reasonable number of representatives of the Association shall have the right to receive reasonable periods of release time without loss of compensation for the purpose of meeting and negotiating a successful Agreement. Such release time shall be scheduled at mutually agreeable times and locations. MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 4

9 4.6 Names and Addresses. Within ten (10) days of each school calendar the District shall provide the Association with a list of the names and school locations of all bargaining unit members. No later than October 15 of each school year, the District shall provide unit members with a list of names, addresses, and telephone numbers of all bargaining unit members unless requested to be omitted. The Association may request the name, address, telephone number and school location of any new member of the bargaining unit, and the District will provide information to the Association in fifteen (15) days. 4.7 Availability of Information School Board Packets. The District will post on the District website School Board Agendas at least 48 hours in advance of a regularly scheduled Board meeting, and 24 hours in advance of a special Board meeting Board Policies. The District will provide the Association with three (3) copies of updated Board Policy manuals Information. Upon request of the Association, the Board shall provide copies of prepared non-confidential information and reports to the Association for meeting and negotiating and for the processing of grievances. 4.8 Association Business. Upon twenty-four (24) hours prior notice and with the concurrence of the Superintendent or district office designee, the Association President or designee may be authorized up to twenty (20) days released time for the purpose of conducting Association business. In addition, the Association president may be authorized up to 5 additional days for the purpose of conducting Association business. Additional days may be granted with the approval of the Superintendent. The Association shall reimburse the District for the cost of any substitute teacher provided under this section. 4.9 Association Site Meetings. Association meetings may be held at any time unit members are not required to be on duty During the month of May each year an election conducted by the School Leadership at each school will be held to select representatives to the School Site Council. MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 5

10 ARTICLE 5. DUES DEDUCTION 5.1 Dues Deduction The right to payroll deduction for payment of organizational dues shall be accorded to the Association. Association members who currently have authorization cards on file for the above purposes need not be resolicited. Association dues and fees, upon formal written request from the Association to the District, shall be increased or decreased without resolicitation and authorization from unit members Pursuant to authorization by the unit member, the District shall deduct one-tenth (1/10) of the Association dues and fees from the regular salary check each month. Deductions for unit members who sign such authorization after commencement of the school year shall be appropriately prorated to complete the payment by the end of the school year With respect to all sums deducted by the District pursuant to authorization of the unit member, for membership dues, the District agrees promptly to remit such monies to the Association along with an alphabetical list of unit members for whom such deductions have been made and any changes that may have occurred since the previous list. 5.2 Maintenance of Membership. The Association and the District agree that any unit member who is a member of the Association at the time this Agreement becomes effective or who enrolls during the term of the Agreement shall maintain such membership from year to year unless revoked in writing between July 1 and July 31 of the year in which the Agreement terminates. The District will guarantee said maintenance of membership to the Association by enforcing payment of dues by members required under the terms set forth above and provisions of the Education Code and Government Code section (i)(1). 5.3 Agency Shop (Fair Share) Any unit member who is a member of the Magnolia Educators Association/CTA/ NEA, or who has applied for membership, may sign and deliver to the District an assignment authorizing deduction of unified membership dues, initiation fees and general assessments in the Association. Pursuant to such authorization, the MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 6

11 District shall deduct one-tenth (1/10) of such dues from the regular salary check of the unit member each month for ten (10) months. Deductions for unit members who sign such authorization after commencement of the school year shall be appropriately prorated to complete the payment by the end of the school year Any unit member currently not a member of the Association at the time of an election conducted by PERB shall not be subject to this article. Any new unit member shall within thirty (30) days from the date of commencement of assigned duties within the bargaining unit, shall become a member of the Association or pay to the Association a fee in an amount equal to unified membership dues, initiation fees and general assessments payable to the Association in one lump sum cash payment in the same manner as required for the payment of membership dues, provided, however, that the unit member may authorize payroll deduction for such fee in the same manner as provided in section 5.3.1, the Association shall so inform the District, and the District shall immediately begin automatic payroll deduction as provided in Education Code section and in the same manner as set forth in section of this Article. There shall be no charge to the Association for such mandatory agency fee deductions Any unit member who is a member of a religious body whose traditional tenets or teachings include objections to joining or financially supporting employee organizations shall not be required to join or financially support the Magnolia Educators Association/CTA/NEA except that such unit member shall pay, in lieu of a service fee, sums equal to such service fee to one of the following nonreligious, non-labor organizations, charitable funds exempt from taxation under section 501 (c)(3) of Title 26 of the Internal Revenue Code: a. Magnolia Outdoor Education Programs b. Anaheim Achieves YMCA c. Foundation to Assist California Teachers Any other qualified charity mutually agreed upon by the fee payer and the Association Those who object to joining or financially supporting employee organizations, pursuant to section above, shall submit proof of payment on an annual basis to the Association and District as a condition of continued exemption from the MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 7

12 provisions of sections and above. Proof of payment shall be in the form of receipts and/or canceled checks indicating the amount paid, date of payment, and to whom payment in lieu of the service fee has been made. Such proof shall be presented on or before October 1 of each school year. A written statement of objection shall accompany the first year's proof of payment and is subject to verification by the Association Any unit member making payments as set forth in sections and above, and who requests that the grievance or arbitration provisions of this Agreement be used in his or her behalf, shall be responsible for paying the reasonable cost of using said grievance or arbitration procedures With respect to all sums deducted by the District pursuant to sections and above, whether for membership dues or agency fee, the District agrees promptly to remit such monies to the Association accompanied by an alphabetical list of unit members for whom such deductions have been made, categorizing them as to membership or non-membership in the Association, and indicating any changes in personnel from the list previously furnished The Association agrees to furnish any information needed by the District to fulfill the provisions of section 5.3 of this Article. 5.4 Hold Harmless. The Association agrees that it will indemnify and hold harmless the District from reasonable attorney's fees, costs, charges, fees, awards and damages arising out of any matter commenced against the District due to compliance by the District with its obligations under this article. The District agrees that in consideration of the Association's obligation hereunder the District will notify the Association in writing of any matter within seven (7) days of service thereof upon the District. The District and the Association shall both fully cooperate with each other on any matter commenced against the District or the Association. The Association shall have the exclusive right to decide and determine whether any such action or proceeding referred to in this paragraph shall or shall not be compromised, resisted, defended, tried or appealed, and shall notify the District in writing of the position of the Association within seven (7) days. MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 8

13 ARTICLE 6. NON-DISCRIMINATION 6.1 In the implementation of this Agreement, the Board agrees that it shall not discriminate against any unit member on the basis of race, color, creed, age, gender, sexual orientation, national origin, political affiliation, domicile, marital status, physical handicap, or membership in or participation in the activities of the Association. MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 9

14 ARTICLE 7. GRIEVANCE PROCEDURE 7.1 Definitions Grievance. A grievance is a claim by one or more unit members or the Association that there has been a violation, misinterpretation or misapplication of a provision(s) of this Agreement which affects the grievant Grievant. A "grievant" is the unit member(s) or the Association who files a "grievance." Immediate Supervisor. The Immediate Supervisor is the administrator who has immediate jurisdiction over the grievant and has been designated by the District to adjust grievances Grievance Representative. The Grievance Representative is any person designated by the Association to process grievances. 7.2 General Provisions Time Limits a. Failure at any level of this procedure to communicate the decision on a grievance within the specified time limits shall permit the grievant to proceed to the next level. Failure at any step of this procedure to appeal a grievance to the next level within the specified time limits shall be deemed as acceptance of the decisions as rendered. b. Time allowances set forth in this grievance procedure may be extended by mutual consent. c. Time limits for appeal provided in each level shall begin the day following the receipt of written decision by the Parties In Interest Grievance Adjustments. Nothing contained herein will be construed as limiting the right of any unit member having a grievance to discuss the matter informally with an appropriate member of the administration, and to have the grievance adjusted without intervention of the Association, provided that the adjustment is not inconsistent with the terms of this Agreement. The Association shall be provided a copy of all grievances and responses at the formal levels and an opportunity to review such adjustment and to state its views in writing within ten (10) days of notification. MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 10

15 7.2.3 Grievance Format. Grievances which proceed beyond the informal step shall be in writing on a form to be mutually developed and shall be a clear, concise statement of the grievance including the specific provisions of the Agreement alleged to have been violated, the circumstances involved and the specific remedies sought Grievance Representative. A grievant may be accompanied at any level of the grievance process by a representative of the Association. The unit member shall file all grievances in his or her own name and shall be the grievant. The grievant shall be present at all stages of the grievance processing Sequential Numbering System. Although a specific time period is provided for administrative decisions at each level of the foregoing procedure, it is recognized that multiple grievance filings must be processed in a sequential manner. Consequently, at each level of the procedure, grievances shall be assigned consecutive numbers, based upon the time and date on which written grievances are received. Administrative personnel shall process such numbered grievances in a sequential manner, following a pattern that first filed will be first considered. Regardless of specific time periods provided for decisions at the various levels of this procedure, administrative personnel shall not be required to consider more than one grievance per day Grievance Files. All documents, communications, and records dealing with the processing of a grievance will be filed in a separate grievance file and will not be kept in the personnel file of any of the participants Release Time. Release time for conferences shall be provided grievant(s), one Association representative and any necessary witnesses at a time mutually agreed to by the grievant and the management employee involved at any level No Reprisals. No reprisals of any kind will be taken by either party against any participant in the grievance procedure by reason of such participation Grievance Meetings. Grievance meetings shall be conducted at each step in the grievance procedure Timeline of Grievance. Only grievances that are filed within thirty (30) duty days after the act or omission leading to the grievance shall be considered as subjects for the grievance process. MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 11

16 Grievance Dispositions. The disposition of the grievance shall contain written rationale for the disposition. Unless the parties involved in the various steps have reached a compromise as to the wording of the remedy, the disposition shall be rendered by one of the following statements: a. Grievance Sustained (remedy granted) b. Grievance Denied (remedy denied) c. Grievance Sustained In Part (partial remedy set forth) Remedies. Remedies granted shall be consistent with this Agreement and shall be provided to the Association within ten (10) days after the notification to the grievant. 7.3 Grievance Process Informal Process The unit member shall discuss the grievance orally with his/her immediate supervisor. If not resolved, the unit member may put the grievance in writing stating clearly its basis and the relief sought and file such grievance at Level One Formal Process - Level One a. If the grievant is not satisfied with the informal disposition of the grievance, then the grievant may file the grievance in writing with the immediate supervisor within ten (10) days after the informal discussion. b. The supervisor shall communicate his/her decision to the unit member and the Association in writing within ten (10) days after receiving the grievance. c. Within the above time limits either the grievant or the supervisor may request a personal conference with the other party Formal Process - Level Two a. In the event that the grievant is not satisfied with the decision at Level One or did not receive a response, he/she shall appeal the decision in writing to the Superintendent within ten (10) days after such decision. The appeal shall include a copy of the original grievance, the decision rendered, and a clear, concise statement of the reasons for the appeal. b. The Superintendent shall communicate the decision to the grievant and the Association within ten (10) days after receiving the appeal. MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 12

17 c. Either the grievant or the Superintendent may request a personal conference within the above time limits Formal Process - Level Three. Either Option A or B. as specified below, may be exercised at the discretion of the grievant and the Association. a. Option A - Arbitration (1) If the grievant is not satisfied with the decision at Level Two or did not receive a response, he/she may request the Association to submit the grievance to arbitration. If the Association concurs with the grievant's request for arbitration, the Association shall, within ten (10) days of the Superintendent's decision, submit a request in writing to the Superintendent for arbitration of the dispute, and the District shall comply with the request. (2) The Association and the District shall attempt to agree upon an arbitrator, and if no agreement can be reached within seven (7) days, the moving party shall request the California State Conciliation Service to supply a panel of five (5) names of persons experienced in hearing grievances in public schools. Each party shall alternately strike a name until only one name remains. The remaining panel member shall be the arbitrator. The order of striking shall be determined by lot. The arbitration hearing shall be governed by the rules of the American Arbitration Association. (3) The fees and expenses of the arbitrator and the hearing shall be borne equally by the District and the Association. All other expenses, including fees for witnesses and conferees, or the costs of substitutes for witnesses and conferees, shall be borne by the party incurring them. (4) The arbitrator shall, as soon as possible, hear evidence and render a decision on the issue or issues that were submitted to arbitration. If the parties cannot agree upon a statement of the issues, the arbitrator shall determine the issue(s). In disputed cases regarding whether or not a grievance claim is within the scope of these MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 13

18 proceedings, the arbitrator shall rule on the arbitrability of the issue. (5) The arbitrator's decision will be in writing and will set forth his/her findings of fact, reasoning, and conclusion on the issues submitted. The arbitrator will be without power or authority to make any decision which requires the commission of any act prohibited by law, or which is violative of the terms of this Agreement. The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement, but shall determine only whether or not there has been a violation of this Agreement with respect to the alleged grievance. (6) The decision of the arbitrator shall be final and binding on all parties.!! ". Option B Board of Trustees Determination (1) The Association will, at its own discretion, exercise Option B no more than three (3) times a year. (2) If the grievant is not satisfied with the decision at Level II or did not receive a response, he/she may request the Association to submit the grievance to the Board of Trustees for final determination. The Association shall, within ten (10) days of the Superintendent s decision, submit a written request to the Board for resolution of the dispute, and the District shall comply with the request. (3) The Board shall, within twenty (20) days, in executive session, hear evidence and render a decision on the issue or issues that were submitted. (4) After a hearing wherein both parties have received the opportunity to fully present their respective cases, including oral argument, documentary evidence and testimony, the Board shall submit, in writing, within ten (10) days, its decision which shall be binding on all parties. MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 14

19 ARTICLE 8. LEAVES OF ABSENCE 8.1 Sick Leave/Personal Illness and Injury Annual Sick Leave/Accumulation. Each unit member shall be entitled to one day leave of absence with pay per contract month for reasons of personal illness or injury, including disabilities caused by pregnancy and childbirth. Credit for leave of absence need not be accrued prior to taking such leave during the school year. This leave, if not used, may be accumulated at the rate specified without limitation Accumulated Sick Leave. By October 1, every unit member shall receive from the District a written statement of: (1) his/her accrued sick leave total, and (2) his/her accrued sick leave entitlement for the school year. A unit member may use his/her credited sick leave at any time during the school year Retirement Credit. Upon retirement, the number of days of accumulated sick leave shall be counted as a proportionate amount of service credit for purposes of computing length of service for retirement benefits as authorized by the State Teachers' Retirement System Half Day Absences. A unit member who is absent for one-half day or less shall have deducted one-half day from the accumulated leave. If the absence exceeds one-half day, a full day shall be deducted Verification of Absence. When the District has cause to believe that sick leave is being abused, the District may require medical verification of the need for absence Five Month Differential Pay. A unit member who continues to be absent after all personal accumulated sick leave has been exhausted shall receive fifty percent (50%) of his/her salary or the difference between his/her salary and the Tier 2 cost of a substitute teacher s salary, whichever is greater, for a period not to exceed five (5) continuous school months. 8.2 Industrial Accident and Illness Leave. Industrial Accident and Illness Leave shall be granted for illness or injury incurred within the course and scope of an employee's assigned duties. The unit member who has sustained a job-related injury shall report the injury (on District approved accident form) to his/her immediate supervisor. Such report MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 15

20 should be made as soon as possible, preferably within twenty-four (24) hours of such accident. A unit member shall report any illness, in writing, to his/her immediate supervisor within five (5) days of knowledge that the illness is an alleged industrial illness. Requirements for such leave shall be: Allowable leave shall be for not more than sixty (60) days during which the schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident Allowable leave shall not be accumulated from year to year Industrial Accident or Illness Leave shall commence on the first day of absence When a person employed in a certificated position is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as will result in a payment to him/her of not more than his/her full salary Industrial Accident or Illness Leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award When an Industrial Accident or Illness Leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused leave due him/her for the same illness or injury During any paid leave of absence, the unit member shall endorse to the District the temporary disability indemnity checks received on account of his/her industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the member's salary and shall deduct normal retirement and other authorized contributions A unit member shall be permitted to return to service after an industrial accident or illness only upon the presentation of a release from the authorized Workers' Compensation physician certifying the unit member's ability to return to the position classification without restrictions or detriment to the unit member's physical and emotional well-being. Notwithstanding this provision, the District may permit a unit member to return to work if the physician s restriction(s) can be reasonably accommodated by the District. 8.3 Personal Necessity Leave. Personal Necessity Leave may be utilized for circumstances, MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 16

21 which are serious in nature and cannot be expected to be disregarded, which necessitate immediate attention and cannot be effectively dealt with during off-duty hours. A unit member may use up to the number of recorded accumulated sick leave days for purposes of approved personal necessity leave Unit members shall submit a request for Personal Necessity Leave approval to the immediate supervisor with reasonable advance notice prior to the beginning date of the leave. The prior approval required for Personal Necessity Leave shall not apply to the following reasons: a) Death or serious illness of a member of the unit member's immediate family; b) Accident involving person or property or the person or property of the unit member's immediate family If a unit member does not feel it is appropriate to list the reasons for the personal necessity leave because the reasons relate to "very personal areas" of a person's life, said unit member may merely write on the District form "personal business" or "personal reasons." Stating "personal business" or "personal reasons" may not be listed more than four (4) days per fiscal year, no more than two consecutive days and may not be used to extend a holiday/extended break (i.e. Winter and Spring break). The reason for the leave, however, must conform to the circumstances as stated in 8.3. In all other cases, the unit member should specifically write the reasons on the form for requesting the Personal Necessity Leave All requests for Personal Necessity Leave shall be submitted in advance, except as listed above in 8.3.1, on the appropriate form stating the reasons for such leave to his/her immediate supervisor. All requests shall be approved or denied in writing. The unit member shall provide, upon District request, additional verification of the use of these leave provisions. For serious illness of the member of the immediate family in excess of five (5) consecutive days, the unit member shall provide a medical statement of the nature of the serious illness, estimated length of absence and the reasons why the employee must be in attendance. 8.4 Paternity Leave. Each full-time male unit member of the District is permitted, without loss of pay, an absence not to exceed one (1) day each school year upon the occasion of the birth of the unit member's child. MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 17

22 8.5 Court Summons and Jury Duty The District may grant leave of absence to unit members to appear as a witness in court other than as a litigant The District shall grant five (5) days leave of absence to unit members who have been requested to serve on Jury Duty The unit member will receive from the District the difference between his/her daily rate of pay and the amount received on a daily basis for jury or witness fees A unit member who has told the court of the jury duty limitation in Section of the Agreement and has still been ordered by the court to fulfill their jury service, may write a letter to the District asking that the required days of jury duty service beyond the five (5) days to be paid at their current rate of pay. Such a request shall not be unreasonably denied. A denial of such request may be appealed through the Grievance Article of the Agreement (Article 7) If a unit member requests the jury duty service be postponed until an off track period, the long term substitute pay, will be paid up to ten (10) days of jury duty service. 8.6 Bereavement Leave Every unit member shall be entitled to three (3) days of paid leave of absence or five (5) days if three hundred (300) miles from District or out of state travel is required on account of the death of any member of his/her immediate family. The Board may provide for exception to the definition of immediate family in unusual cases The District may approve two (2) additional days bereavement leave for any unit member when in its opinion unusual circumstances exist Bereavement Leave as granted by the District will not be deducted from sick leave or any other leave of absence provided by the District. 8.7 Sabbatical Leave Sabbatical leave shall be mutually advantageous to the individual and the District It may be granted for study, research and/or travel for a period of up to one year Sabbatical leave must be preceded by at least seven (7) consecutive years of service immediately preceding the request for leave. MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 18

23 8.7.4 Applications for sabbatical leaves must be submitted to the Human Resources Office no later than four (4) months prior to the start of the leave A total of not more than two percent (2 %) of the total regular certificated staff may be granted sabbatical leaves during any school year For the purpose of sabbatical leave, the school year during which the experience must occur is hereby defined as the period beginning July 1, and ending June 30 of the following year Leaves shall not be granted for the purpose of engaging in gainful occupation or for the purpose of studying for a trade or other profession Staff members while on leave will not be employed to do any work for the school system The following activities will be considered appropriate: a. Formal Graduate Study. A minimum of twenty (20) units and a maximum of thirty (30) units of study will be full-year leaves and the appropriate fraction will be required for half-year leaves. The study may be in courses for which formal college credit is granted or in courses which are audited. Content of courses in order of preference (1) unit member's own field of work in the District, (2) closely related field. b. Independent Research undertaken in consultation with the Sabbatical Leave Committee. c. Writing of Doctoral Thesis. d. Schedule of Travel planned in consultation with the Sabbatical Leave Committee Any unit member on Sabbatical Leave who has complied with the provisions under which such leave was granted, shall receive compensation as follows: Payment of fifty percent (50%) of the contract salary or payment of the difference between the contract salary and the salary of the substitute--whichever is greater The salary will be received in the same manner as if the unit member were teaching in the District, upon furnishing by the unit member of a suitable bond indemnifying the District against loss in the event that the unit member fails to render at least twice the length of the sabbatical leave in the District after the leave expires. MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 19

24 Sabbatical leave of absence shall count toward advancement on the salary schedule and retirement. Retirement contributions shall be collected In the case of serious injury or illness of the unit member during the sabbatical leave which prevents completion of the objective of the leave, the sabbatical leave will be terminated and all provisions for sick leave at the rate of fifty percent (50%) will apply to the unit member. The provisions will take effect on the first day of the next pay period following notification of said injury or illness to the Superintendent, verified by a medical doctor's report. Upon release by a medical doctor, the unit member will return to regular duty for the remainder of the school year to be assigned as needed in a certificated position at the discretion of the Superintendent with a minimum of the same contract payment for which the sabbatical leave was granted. The subsequent year he/she will be reassigned as if he/she had completed the sabbatical leave Both the Governing Board of the District and the District shall be freed from any liability for the payment of any compensation or damages provided by law for the death or injury of any unit member of the District employed in a position requiring certification qualifications, when the death or injury occurs while the unit member is on any leave of absence granted under the provisions of the Education Code At the expiration of a sabbatical leave, the unit member who has been granted such leave shall be returned to a position with the unit member's certification; however, the unit member's preference for assignment will be considered The sabbatical leave committee shall include one kindergarten primary teacher, one upper grade teacher, one special education teacher, one principal, and the Superintendent. The President of the Teacher's Association and the Superintendent shall jointly recommend members of the sabbatical leave committee to the Board of Trustees for official appointment The sabbatical leave committee shall study and evaluate applications for sabbatical leave. It shall also be the responsibility of the sabbatical leave committee to evaluate the sabbatical report after the unit member returns to the District. The evaluation shall be based upon fulfillment of agreement indicated in the application. The committee shall submit its recommendation to the MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 20

25 Superintendent. The Superintendent shall forward the Committee's recommendation to the Board of Trustees together with his/her own recommendation Health and Welfare Benefits as provided in Article 15 shall apply to unit members on a sabbatical leave. 8.8 Personal Leaves of Absence Without Pay Unit members shall, upon request, be granted up to one year leave of absence without pay for the following reasons: a. Health b. Maternity c. Child Care d. To assume public office for duration of one term, except as provided by law e. To assume an elective or appointive position within a certificated employee organization (for duration of the term) f. Serious illness of unit member's immediate family Leaves of absence without pay for personal reasons may be granted by the District whenever such absences would not be inimical to the welfare of the District. Unit members may, upon request, be granted up to one year leave of absence without pay for the following reasons: a. Travel b. Personal Necessity c. Formal Study d. Exchange Teaching/Job Corps/Peace Corps All such unpaid leaves may be, upon request, extended for one additional semester or year. Leaves of less than a full semester or leaves which begin and/or end within a semester shall have the approval of the District, and the District shall have the authority to establish the starting and/or ending dates of such leaves Short Term Personal Leave Without Pay. Unit members shall be entitled to a maximum of five (5) days of absence without pay upon one day's advance notice of intention to take such leave. Additional leave without pay up to ten (10) days MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 21

26 may be taken with the approval of the immediate supervisor. However, no more than eight (8) unit members in the District may be absent under this section on any one working day Personal Leaves of Absence Without Pay. Any unit member who has been granted a leave of absence for personal reasons shall, between the first day of March and the first day of April preceding the beginning of the next school year, confirm his/her return to the District. The District shall, in the event that the notification described above has not been received, notify the unit member by registered mail at his/her last known address, that failure of the unit member to respond to the notice by May 1st shall constitute the unit member's resignation. This notice shall constitute the unit member's resignation. This notice shall be mailed no later than April 10. As of May 1, if no response is received, the unit member will be considered to have resigned. 8.9 Participation in Fringe Plans. Unit members on unpaid leaves of absence shall be permitted to participate in District fringe benefit programs provided that the unit member pays his/her premiums to the District Maternity/Childbirth Leave A unit member may use sick leave (8.1) for medical disabilities caused by pregnancy and childbirth. Upon medical release, the unit member must return to work or request an unpaid personal leave of absence A unit member may use personal necessity leave upon the receipt of an adoptive child for a period of up to three (3) weeks if available under At the end of the period the unit member must return to work or request an unpaid personal leave of absence Catastrophic Leave Program. The District and the Association agree to the establishment of a Certificated Unit Member Catastrophic Leave Program (Catastrophic Leave Program). The intent of this Catastrophic Leave Program is to provide additional financial protection to those unit members who incur a period of prolonged illness/injury or hospitalization Definition: Catastrophic is defined as a potentially long term illness or injury of a catastrophic nature which has affected the life function of the unit member for a period of longer than thirty (30) calendar days. MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 22

27 Administration of the Program: A Catastrophic Leave Program Committee (Committee) shall administer the Catastrophic Leave Program. The Committee shall consist of up to four (4) members; up to one (1) appointed by the District, and up to three (3) appointed by the Association. The Committee shall be responsible for receiving catastrophic leave requests, verifying validity of requests, approving the full or less than full amount requested or denying requests, communicating its decision to affected unit members and the District, and soliciting donations of illness leave days from eligible unit members Donor Eligibility: All bargaining unit members are eligible to make a request for donations not to exceed thirty (30) days, subject to the conditions of this Agreement Donation of Days: Bargaining unit members with more than (10) days of accumulated illness leave and at least one year of service in the District may participate in donations to the Catastrophic Leave Program. A unit member may elect to participate in the program by donating a maximum of eight (8) days of his/her accumulated illness leave to another member. No requesting unit member may receive more than eight (8) days from a donating unit member. Any member s remaining illness leave may not drop below ten (10) days after donation. This will be based on the school year of the donating unit member. Any donation of illness leave is irrevocable, although excess donation of days will be returned to members based on the day of official receipt of donation Donation Procedures: The Association will be responsible for notifying unit members of the need for donations to the Catastrophic Leave Program. The Human Resources Office will be responsible for notifying the Payroll Department of approved request for participation/donations in the Catastrophic Leave Program. Forms for donations will be available through MEA or the Human Resources Office. Completed forms are to be sent directly to Human Resources with copies to be distributed accordingly Procedures to Use Leave-Conditions Restrictions: a. In order to be eligible to receive catastrophic leave donations, the unit member must have exhausted all available leave including, industrial injury leave, differential leave and illness leave. MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 23

28 b. A unit member electing to use the Catastrophic Leave Program shall complete an appropriate form in order to request donations. The unit member must submit this form to the Catastrophic Leave Program Committee for processing, and authorize the Committee to publish a request of donation. An attending physician s statement, which verifies the catastrophic illness or injury and gives an estimated date of the unit member s return to work is required. Upon request by the Committee, a release will be signed by the unit member giving authorization to verify any and all needed information for the use of the Catastrophic Leave Program. This information will be made available to the Committee members and/or the District when appropriate. All information will be treated as confidential. Failure of the unit member to submit a completed application, including medical information provided by the applicant s physician, within twenty (20) calendar days, will disqualify the unit member from further Catastrophic Leave donations. c. In the event that the unit member is personally unable to apply for catastrophic leave, an immediate family member or unit member s agent may make the request for the applicant.. d. When the unit member may reasonably be presumed to be eligible for disability or other disability insurance, the Catastrophic Leave Committee may elect to deny the request of donations. e. If there are insufficient donations, there is no obligation to grant leave hereunder in whole or in part. Neither the District, Association, and/or Committee shall be legally responsible if there are insufficient donations to provide catastrophic leave. f. Catastrophic Leave Program shall not be available to any unit member who sustains the illness or injury while on a Leave of Absence that was granted for any reason other than medical Allowable Days: An initial request shall not normally exceed thirty (30) days. A unit member may request an additional thirty (30) days by filing an additional request for consideration by the Catastrophic Leave Program Committee. The maximum number of days allowed to be utilized by one (1) unit member shall not MSD/MEA Contract (July 1, 2013 through June 30, 2016) Page 24