8.1    General This Article contains the leave provisions of this Agreement. Such leave provisions shall be deemed to be in conformance with the Education Code.

8.2    Sick Leave Every full-time employee shall be entitled to ten (10) days of paid sick leave per year. An employee covered by this Agreement working less than full-time shall be entitled to sick leave in the same ratio that his/her employment bears to full-time employment. One (1) day of sick leave shall be computed on the basis of the following:  

Classroom Teacher 7.25 hours
Non-Teaching 8 hours

8.2.1           Unused Sick Leave
Unused sick leave shall accrue from school year to school year.

8.2.2           Crediting Sick Leave At the beginning of each school year, every employee shall receive a sick leave allotment credit equal to sick leave entitlement for the school year. An employee may use credited sick leave as provided by the Education Code provisions during the school year.

8.2.3           Summer School Employees Summer school employees shall be entitled to one (1) day per month (eighteen [18] school days) or fraction thereof. Sick leave for such employees shall accrue from summer to summer provided the employee is employed each summer or is reemployed within thirty-nine (39) months from the last date of employment as a summer school employee. Regular academic year accrued sick leave may be used during summer school on a day-for-day basis. Such sick leave shall not be carried over into the summer for purpose of personal necessity.

8.2.4           Hourly Program Employees Adult Education, H.E.L.P., R.I.S.E., and hourly employees shall accrue sick leave at the rate of one (1) hour for every twenty (20) hours of service.

8.2.5           Verification of Illness The District shall require a physician's verification of illness if any employee has been on sick leave for more than five (5) consecutive days. The District reserves the right, for good cause, to require proof of illness for absences of five (5) days or less.

Subsequent to an absence, or for good cause, the District may require an employee to submit a statement from his/her physician or surgeon indicating the nature of the illness or injury, and the date of authorized return to duty.

Verification of illness or injury may be required by the District if there is reason to suspect abuse of sick leave. The District may designate an appropriate medical authority for such verification. The cost of such medical verification shall be borne by the District. Periodic medical reports may be required during an extended absence of a unit member. 

8.2.6           Statement of Entitlement The District shall provide each employee with a written statement of:  (1) accrued sick leave total; (2) sick leave entitlement for the school year.

8.2.7           Family Illness Every full-time employee shall be entitled to use six (6) days of accrued sick leave per school year to attend to the illness of a child, parent, or spouse. An employee covered by this Agreement working less than full-time shall be entitled to family illness leave in the same ratio that his/her employment bears to full-time employment.

8.3 Catastrophic Sick Leave Bank

8.3.1           A bargaining unit member who suffers a catastrophic injury/illness that is expected to incapacitate the unit member for an extended period of time (more than ten [10] days), shall become eligible to use this catastrophic sick leave plan subject to the restrictions and conditions outlined as follows:

8.3.1.1       The unit member to receive donated sick leave must have exhausted all fully paid leave and must be in a true catastrophic condition.

8.3.1.2       A unit member who has exhausted sick leave but still has a differential leave available is eligible for a withdrawal from the Bank. Use of the Sick Leave Bank benefit is allowable only as a supplement to such differential leave. The District shall pay the unit member full pay and the Bank shall be charged one-half.

8.3.1.3       The unit member must be a permanent, not probationary, employee.

8.3.2           The use of this Sick Leave Bank shall only be available to those eligible bargaining unit members who have made a donation of at least five (5) days to the bank prior to their request, and have continued participation under Section 8.3.5. For the purpose of this article only, "days" shall be defined as each individual employee's regular contract hours at the time of donation to or withdrawal from the Sick Leave Bank.

8.3.3           This donation shall be irrevocable. The unit member shall file an irrevocable "Certificated Sick Leave Bank Deposit Form" with the Human Resources Office. A donation to the Sick Leave Bank shall be a general donation and from prior years' accumulations, and shall not be donated to a specific unit member for his/her exclusive use.

8.3.4           There is no limit to the number of sick leave days a unit member may donate to the Sick Leave Bank, so long as the minimum number of accumulated sick leave days available in the unit member's account does not fall below ten (10) days or 72.5 hours.

8.3.5           An additional day of contribution will be required of participants if the number of days in the Bank falls below 300. Unit members who are drawing from the Bank at the time of the assessment will not be required to contribute to remain eligible to draw from the Bank. If a participant has ten (10) or less days of remaining sick leave at the time of the assessment, they need not contribute the additional day to remain a participant in the Sick Leave Bank.

8.3.6           Leave from the Bank may not be used for illness or disability which qualifies the unit member for Worker's Compensation benefits unless he/she has exhausted all Worker's Compensation leave, and his/her own sick leave.

8.3.7           When the unit member may reasonably be presumed to be eligible for disability retirement under STRS or, if applicable, Social Security, he/she may be requested to apply for such retirement. Failure of the unit member to submit a complete application, including medical information provided by the applicant's physician, within twenty (20) calendar days will disqualify the unit member from further Sick Leave Bank payments.

8.3.8           Bargaining unit members may donate earned sick leave at any time during their work year. Following initial enrollment, bargaining unit members may join the Sick Leave Bank during the annual open enrollment period (October 1 to November 10) only.

8.3.9           Unit members who elect not to join the Sick Leave Bank upon first becoming eligible have a waiting period of 30 duty days after joining the Bank before becoming eligible to withdraw from it.

8.3.10        Cancellation of membership in the Bank occurs automatically whenever a unit member fails to make his/her assessment contribution under Section 8.3.5. The unit member shall not be eligible to draw from the Bank as of the effective date of cancellation. Sick leave previously authorized for contribution to the Bank shall not be returned if the unit member effects cancellation.

8.3.11        A unit member wishing to use this Sick Leave Bank shall submit a "Certificated Sick Leave Bank Request for Withdrawal Form." This form shall be submitted to the Human Resources Office. The request shall clearly state the details of the catastrophe and the amount of sick leave requested. Appropriate written verification of the catastrophic illness or injury must be included with the request. The unit member should be prepared to provide additional documentation on the nature and severity of the illness or injury, if requested. A Sick Leave Bank Committee shall consider the request of the unit member.

The committee shall consist of one person selected by the Employer as a recordkeeper and three (3) other members selected by the Association. The committee may grant, reject, or partially grant a request. Approval shall require a majority vote of the Association members. Any rejection of a request may be appealed to the RTA Executive Board for final action and decision. The timelines for filing an appeal shall be the same as found in the initial step of the grievance procedure (Article 19).

8.3.12        The maximum number of duty days allowed to be utilized by one unit member for a single catastrophic injury/illness shall not exceed thirty (30) duty days. A unit member may request a specific number of days on one "Certificated Sick Leave Bank Request for Withdrawal Form." The unit member may request additional days up to the thirty (30) days by filing an additional request for consideration by the Committee.

8.3.13        Any days approved that are unused by the unit member shall be returned to the Catastrophic Sick Leave Bank.

8.3.14        If a unit member uses a day from the Sick Leave Bank, pay for that day shall be the same rate the unit member would have received had the unit member worked that day. No distinction shall be made as to the differing pay rates of the donors or recipients.

8.3.15        During September of each year, the Human Resources Office shall provide the Association a statement outlining the number of days available in the Bank as of September 1 of that year and the number of days used in the previous fiscal year.

8.3.16        Hold Harmless The Association agrees that it will not file, on its own behalf or on behalf of any unit member, any grievance, claim or lawsuit of any kind related to any attempt by a unit member to retrieve donated sick leave used by another unit member pursuant to this provision. The Association also agrees that it will not file, on its own behalf or on behalf of any unit member, any grievance, claim or lawsuit of any kind which attempts to challenge, in any way, the legality or enforcement of this provision.

The Association agrees to defend, indemnify, and hold harmless the District from any loss or damages arising from the implementation of this provision.

In the event of any grievance, claim or lawsuit challenging the legality or enforcement of this provision, the District may terminate this provision upon written notice to the Association.

8.3.17        Once activated, if the Sick Leave Bank is terminated for any reason, the days remaining in the Bank shall be equitably distributed to the then current members of the Bank according to the following distribution formula:  Total number of hours divided () by current active participants.

8.4 Parental Leave

8.4.1           General Upon request, the District shall allow an unpaid leave of absence from duty for any certificated employee of the District who is required to be absent from duties because of pregnancy, miscarriage or childbirth, and recovery therefrom.  Pregnancy and pregnancy-related disability leave provided under Federal and/or State law shall run concurrently with leave under this section.

8.4.2           Non-Discrimination There shall be no discrimination in the application and utilization of sick leave, health insurance or any other employee rights and benefits on the basis of pregnancy, miscarriage or childbirth, and recovery therefrom.

8.4.3           Child Rearing Leave Upon request, the District shall provide an employee who is a natural or adopting parent an unpaid leave of absence for the purpose of rearing his or her infant. Such leave shall remain in effect at least until the end of the semester following the birth/adoption of the child and no longer than the end of the second semester following the birth/adoption of the child.  Child rearing leave provided under Federal and/or State law shall run concurrently with this section.

8.5 Extended Illness Leave

8.5.1           If an employee has utilized all accumulated sick leave and is still absent from duties on account of extended illness or accident for a period of more than five (5) consecutive days, verified by a physician’s note, or are under ongoing medical treatment related to the extended illness or accident, verified by a physician’s note, the amount of salary deducted in any month shall not exceed  the cost of the substitute during the period of absence. When no verification is provided for an employee absence on account of illness, ongoing medical treatment, or accident for any duration of five (5) consecutive days or less, the amount of salary deducted in any month shall not exceed fifty percent (50%) during the period of absence.  The duration of the extended illness leave shall not exceed one hundred (100) school days.  The period during which the above deductions occur shall not begin until all other paid sick leave provisions for which the employee is eligible have been exhausted.

8.5.2           When a certificated employee has exhausted all available sick leave, including accumulated sick leave, and continues to be absent on account of illness or accident for a period beyond the 100 days provided in Section 8.5.1, and the employee is not medically able to resume the duties of his or her position, the employee shall be placed on a reemployment list for a period of 24 months if the employee is on probationary status, or for a period of 39 months if the employee is on permanent status. When the employee is medically able, during the 24- or 39-month period, the certificated employee shall be returned to employment in a position for which he or she is credentialed and qualified. The 24- or 39-month period shall commence at the expiration of the 100-day period provided pursuant to Section 8.5.1.

8.6 Industrial Accident and Illness Leave

8.6.1           Entitlement Up to sixty (60) working days shall be granted in case of an industrial illness and/or accident when the absence is caused by injury or accident directly arising from the performance of services for the District. All Industrial and Accident Leaves must be supported by a physician's certificate and verified and approved by the District's self insurance administrators.

8.6.2           Amount of Compensation The total of the employee's temporary disability indemnity and portion of the salary due during the employee's absence shall equal the employee's full salary.

8.6.3           Recovery Defined An employee shall be deemed to have recovered from an industrial accident or illness and thereby able to return to work at such time as the employee's physician states that there has been such a recovery.

8.6.4           Industrial Accident/Illness Defined An industrial accident or illness as used in this paragraph means any injury or illness whose cause arises out of or occurs during the course of the performance of services for the District.

8.6.5           Filing of Reports The report of an industrial accident or illness shall be kept on file in the Business Office.

8.6.6           Sick Leave Benefits Not Deducted The benefits provided in this paragraph are in addition to sick leave benefits. Accordingly, the Board shall not deduct accumulated sick leave from the sick leave allotment of a teacher who is absent as the result of an industrial accident or illness as defined in 8.5.4 above.

8.6.7           Carryover of Benefits That portion of the sixty (60)-day industrial accident leave benefit which is not exhausted by the end of the school year shall be carried over to the following school year, provided that no more than sixty (60) days of such leave shall accrue by the accident.

8.7    Personal Necessity Leave Every employee shall be entitled to use up to eight (8) days per year of paid sick leave for reasons of personal necessity. Every employee shall be entitled to use two (2) additional days per year of paid sick leave as general leave for any reason. An employee shall, except in cases of demonstrable emergency, give notice of intent to use personal necessity leave in writing to his/her principal/division head or designee.

8.7.1           Authorized Reasons for Leave Personal necessity leave shall be limited to circumstances significant in nature which the member of the unit cannot reasonably be expected to disregard, which necessitate the member's physical presence elsewhere, and which involve matters which cannot be accomplished at any other time, including but not limited to:

8.7.1.1       A death or serious illness of a member of his/her immediate family. 

8.7.1.2       An accident involving his/her person or property or the person or property of a member of his/her immediate family.

8.7.1.3       Imminent danger to the property of a member of the unit, occasioned by an event such as flood or fire, serious in nature, which requires the attention of the member during his/her assigned hours of service.

8.7.1.4       Circumstances beyond the control of the member which compel the member to be absent from duty. Utilization of personal necessity leave directly adjacent to a holiday or the winter or spring vacation period shall require the unit member to specify the reason for such leave.

8.7.2           Reasons Not Authorized Personal necessity leave shall not be permitted for any of the following, which shall be considered unauthorized absences from duty:

8.7.2.1       Attendance at or participation in functions or activities which are primarily for pleasure, amusement, or personal convenience.

8.7.2.2       Seeking or engaging in remunerative employment (except in cases covered under Education Code Sections 44949 and 44955).

8.7.2.3       Engaging in a strike or any other activities related to a work stoppage.

8.7.3           Verification of Absence A member of the unit shall submit to the satisfaction of his/her principal/division head the reasons for having taken personal necessity leave on an appropriately drawn District Absence Affidavit form (see Appendix C).

8.8    Bereavement Leave Every employee shall be entitled to five (5) days of paid leave of absence on account of the death of any member of his/her immediate family. This leave shall not be deducted from sick leave. Additional leave for bereavement shall be charged to personal necessity or other applicable leave.

8.9    Jury Duty/Official Appearance Leave

8.9.1           Judicial and official appearance leave shall be granted for purposes of regularly called jury duty, appearance as a witness in court other than as a private litigant on non-employment related matters, or to respond to an official order from another government jurisdiction for reasons not brought about through the malfeasance of the employee.

8.9.2           Upon receiving notification of a judicial or official appearance request, the employee shall inform his/her supervisor of said notification. The employee seeking an official jury duty leave shall submit appropriate verification of the use of such leave to the supervisor.

8.9.3           On the first day bargaining unit members are to report for Jury Duty, the following provision shall apply:

Eight (8)-hour employees (counselors, psychologists, speech therapists and librarians) who report and are released prior to noon shall return to work for the remaining four hours of their work day. Work hours for all eight (8)-hour employees shall be adjusted on this day to begin at 8:00 a.m. and conclude at 5:00 p.m.

Teachers who report and are released prior to noon shall call their work site to ensure substitute coverage has been provided and determine with their immediate supervisor what professional activities they will complete to fulfill the remainder of the contract day.

After the first day of jury service, should an employee be required to return or be empanelled on a jury, the hours spent in jury service shall constitute the working day. For any days court is not in session, the employee shall return to work.

8.9.4           An employee granted a jury duty leave under these provisions shall be granted full District compensation. Fees received by the employee, paid by the Court, excluding travel and subsistence expenses, shall be subject to payroll deduction. Such deduction shall be taken after a thirty (30)-day period subsequent to submission of an affidavit verifying completion of jury service.

8.10 Legislative Leave An employee who is elected to the State Legislature, Congress, or a School Board in another District shall be entitled to an unpaid leave of absence for the length of term or terms in office.

8.10.1        An employee on such leave shall notify the District of intended return at least four (4) weeks in advance.

8.10.2        The employee on such leave shall be entitled to return to employment at the end of the leave, but shall not be entitled to any of the other benefits accorded by Section 8.14 of this Article, entitled "Miscellaneous."

8.10.3        During the term of elective office, employees may be employed by the District to perform part-time service for such compensation as may be mutually agreed upon.

8.11 Personal Business Leave

8.11.1        An employee shall be entitled to no more than three (3) days of absence due to personal business, without pay, per school year. The supervisor/principal shall be notified by the employee at least twenty-four (24) hours in advance of taking such leave unless an emergency makes such advance notification impossible. The employee shall provide complete lesson plans and preparations. All requests for early dismissal at the end of the school year shall be referred to the Superintendent/Designee

8.11.2        Personal Business Salary Deductions Computation of personal business salary deductions shall be based on the employee's per diem salary for each day of absence.

8.12 Personal Leave At the option of the employee, he/she shall be entitled to use five (5) days per year for personal leave. The supervisor/principal shall be notified by the employee at least twenty-four (24) hours in advance of taking such leave unless an emergency makes such advance notification impossible. The employee shall provide complete lesson plans and preparation. A payroll deduction equal to the cost of a daily substitute will be made for each day utilized under this provision. This deduction will be made whether or not a substitute is employed.

8.13 Military Leave Leave for purposes of military service shall be granted pursuant to applicable Federal and State law including, but not limited to, the Uniformed Services Employment and Reemployment Rights Act and the Military and Veteran’s Code.

8.14 Family Care and Medical Leave Family Care and Medical Leave provides a maximum of twelve (12) weeks of leave in any continuous twelve (12) month period for all qualifying unit members who have completed a full year of full time service with the District. Leave under this article shall entitle the unit member to all benefits of employment, except for salary, on the same basis as if the unit member were not on leave. If the unit member fails to return from leave, for a reason other than the continuation, recurrence, or onset of a serious health condition, then the unit member shall reimburse the District for premiums paid to maintain group benefits.

There will be no more than twelve (12) weeks of Family Care and Medical Leave granted per unit member for any one qualifying event in any continuous twelve (12) month period. Leave may be taken in multiple segments of time if used for medical necessity as certified on the leave application. Except in case of emergency, leave should be arranged thirty (30) days in advance.

8.14.1        Definitions

8.14.1.1     "Child" means a biological, adopted, or foster child; a stepchild; a legal ward; or a child of a person standing "in loco parentis" who is either under 18 years of age or an adult dependent child.

8.14.1.2     "Parent" means a biological, foster or adoptive parent, a stepparent, a legal guardian, or other person who stood "in loco parentis" to the unit member when the unit member was a child.

8.14.1.3     "Serious Health condition" means an illness, injury, impairment, or physical or mental condition that involves either in-patient care in a hospital, hospice or residential health care facility, or continuing treatment or supervision by a health care provider.

8.14.1.4     "Health Care Provider" means a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices.

8.14.2        Leave Qualifiers

8.14.2.1     Personal Illness Due To a Serious Health Condition – Personal illness requires a physician's off work order and will run concurrent to extended illness leave to the extent allowed by law.

8.14.2.2     Family Illness Due To a Serious Health Condition – Family is defined as a spouse, parent or child. Family illness requires medical certification on the District's request form. All available paid leaves may be used as part of the twelve (12) weeks of family leave.

8.14.2.3     New dependent care (birth, adoption, or placement of a foster child)

– Dependent care leave requires certification of new dependent on the District's leave request form. This leave must be taken within one (1) year of new dependent's arrival. If not taken immediately following the qualifying event, the leave must be arranged in advance with the supervisor's approval, so as to least interrupt the educational program.

8.15 Miscellaneous

8.15.1        Unpaid Leave of Absence Unless otherwise provided in this Agreement, an employee on an unpaid leave of absence shall be entitled to the following:

8.15.1.1     Return, if possible, to the position held prior to the leave or to a similar position for which the employee is qualified.

8.15.1.2     Maintenance of employee benefits as provided in Article 7.

8.15.1.3     Upon request, the Board may extend a teacher's unpaid leave, except Personal Business Leave, for a maximum of one (1) year, and such teacher shall be entitled to all benefits provided in this Section.

8.15.1.4     Any teacher who seeks an extension of such leave shall make application no later than six (6) weeks preceding the expiration of the original leave.

8.15.2        Paid Leave of Absence Unless otherwise provided in this Agreement, an employee on a paid leave of absence shall be entitled to the following:

8.15.2.1     Receive credit for annual salary increments provided during the leave.

8.15.2.2     Receive during the leave all other teacher fringe benefits including, but not limited to, insurance and retirement benefits to the extent not expressly prohibited by law.

8.15.2.3     Return, if possible, to the position held prior to the leave or to a similar position for which the employee is qualified.

8.16 Conference and Workshop Leaves Employees covered by this Agreement may be assigned to attend conferences, workshops, seminars, or other professional gatherings. If so, the legitimate expenses shall be paid by the District. The employee shall be required to submit a statement of expenses and may be required to produce receipts. The employee may be asked to report on the presentations at such meetings or participate in programs to pass on to other employees information, ideas or techniques learned at such meetings. An employee may wish to attend a professional development program meeting, workshop, seminar, or conference requiring time off from his/her assignment. Such leave will be considered by the Board for approval when endorsed by the employee's immediate supervisor and recommended by the Superintendent/Designee.

8.17 Other Leaves Nothing in this Agreement shall preclude the Board, at its sole discretion, from granting unpaid leaves for reasons not specified in this Agreement.

8.18 Employee Responsibility Except in case of emergency or extenuating circumstances, the employee shall provide lesson plans, class list and seating charts for the substitute teacher to continue with the instructional program in the absence of the regular teacher.