ARTICLE 5: LEAVES
5.1 Reporting Absences/Definition of "Day"
All leaves of absence, with the exception of sabbatical leaves and approved unpaid leaves of absence, shall be reported to the immediate supervisor in writing, within three (3) working days after return to duty (A "day" is defined as any day during which District offices are open for business). The appropriate Dean, Director or the Department Chairperson shall make the appropriate reporting forms available to the unit member (Forms F 5.1(a) & (b)).
5.2 Sick Leave
5.2.1 Permanent/probationary unit members shall be entitled to ten (10) sick leave days annually and shall accrue one (1) additional day for every six (6) units or equivalent assignment beyond the full-time work load during the 175 day academic year/workyear or for work assigned during intersession, accumulated indefinitely commencing on the first (1st) day of employment.
5.2.2 Temporary credit unit members shall receive one (1) day's sick leave for every three (3) units taught per semester, and for every six (6) units assigned during intersession, accumulated indefinitely commencing on the first (1st) day of employment.
5.2.3 Temporary non-credit unit members shall receive one (1) day's sick leave for every fifty-three (53) hours of lecture and/or seventy-nine (79) hours of laboratory instruction per quarter, accumulated indefinitely, commencing on the first (1st) day of employment.
5.2.4 Any unit member, who becomes employed in the District within one (1) year of terminating employment in another District, shall have transferred to the District sick leave accumulated in any California public school District, as per Education Code Section 87782.
5.2.5 Human Resources shall notify all permanent/probationary and temporary credit unit members at the beginning of each academic year of their accumulated number of sick leave days available. Non-credit temporary unit members shall be notified yearly of the basis upon which they accumulate sick leave and, upon their request to Human Resources, their total accumulated sick leave.
5.2.6 After all earned leave as set forth in Sections 5.2.1. through 5.2.3. above is exhausted, additional non-accumulated long-term illness leave is available for a period not to exceed, within the fiscal year, five (5) school months. The amount deducted for leave purposes from the unit member's salary shall be the amount actually paid a temporary credit unit member, employed to fill the position during the leave, or if no temporary is employed, the amount which would have been paid to a temporary credit unit member to fill the position.
5.2.7 A unit member shall receive full pay for those days of absence covered by accumulated sick leave.
5.2.8 A unit member shall report an absence by calling the immediate supervisor or his/her designee by 8:30 A.M., or one hour prior to the unit member's first assignment, whichever is earlier.
5.2.9 All unit members shall indicate their intention to return to duty the following work day by contacting their immediate supervisor or his/her designee no later than 2:30 P.M. on the workday preceding their return to duty.
5.2.10 If a unit member fails to give notice within the time limit specified of his/her intention to return after illness or accident, and the substitute appears for the day's work as a result of failure to receive such notice, the substitute shall receive a full day's substitute pay, and this amount shall be deducted from the unit member's salary for that month.
5.2.11 In the event a unit member is unable to contact his/her immediate supervisor, as required in Sections 5.2.8 and 5.2.9 above, he/she shall contact Human Resources, which shall maintain a telephone service beyond the regular workday (485-9340).
5.2.12 The fraction of a sick leave day utilized by UPM unit members shall be calculated and charged against sick leave balances according to the following formula:
hours absent = fraction of a sick day used, rounded to
assigned hours on day absent the nearest quarter
5.2.13 Unit members may voluntarily donate to other unit members up to five (5) days of their accumulated sick leave days per year, not to exceed a total of fifteen (15) days donated to any one individual unit member in a five (5) year period. In no instance shall unit members sell and/or exchange their sick leave for monetary or other considerations. If a unit member wishes to donate sick leave days as stipulated above, he/she must contact the Personnel Department to verify the number of accrued sick leave days they have available and must put in writing to the Personnel Department the request to transfer days as stipulated above (Forms F 5.2.13 (a) & (b)).
5.2.14 Use of Sick Leave for Illness of Child, Parent or Spouse
Pursuant to labor Code 233, effective January 1, 2000 a unit member may use, at his/her election during any contract year, not more than six (6) days accumulated sick leave for the illness of a child, parent or spouse. These days are exclusive of, and in addition to those provided for in Article 5.4 Personal Necessity Leave, that can be used for the serious illness of a unit members immediate family or household.
(a) The unit member shall submit a written request to the immediate supervisor or designee to secure advance permission. In an emergency situation where a request in advance is not possible, leave shall be approved subsequent to the leave.
(b) In the event the unit member used from one (1) to six (6) days of sick leave, as provided above, to extend the twelve (12) days personal necessity allowance for serious illness of a unit members immediate family, as provided for in Article 5.4 of the CBA, he/she will not be subject to salary deductions for substitutes and will receive full pay.
5.2.15 Use of Sick Leave for Terminal Illness of Spouse/Partner, Child, Parent
(a) In the event of the diagnosis of a terminal illness of a spouse/partner, child or parent of a unit member and the unit member has exhausted the personal necessity days allowed in Articles 5.2.14 and 5.4 of the CBA, the unit member may apply up to twenty-five (25) days of accrued sick leave to his/her assigned time, in order to care for the spouse/partner, child or parent.
(b) To use this leave, the unit member must submit to Human Resources, verification from a physician of the diagnosis of the terminal illness.
5.3 Substitution: Faculty
No unit member absent due to illness or personal necessity for a period of three (3) days or less shall be charged sick leave, if during his/her absence the position is voluntarily filled by other faculty members who meet minimum qualifications, and are available to directly supervise the students at no cost to the District. The Absence Report form must be submitted to the appropriate dean or director by the faculty member who was absent to verify that these conditions have been met.
5.4 Personal Necessity Leave
5.4.1 A unit member may use, at his/her election during any contract year, not more than twelve (12) days accumulated sick leave in case of personal necessity. Personal necessity is defined as an urgent situation, which is imposed on a unit member, over which he/she has no control, and which he/she cannot reasonably be expected to anticipate or disregard and which requires the unit member's presence during his/her normal work day. Examples of personal necessity shall include but not be limited to religious holidays, doctoral examinations, adoption hearings, attending funerals of close friends, colleagues and relatives and care of spouse/significant other, children, parents, or infant child following childbirth or adoption.
5.4.2 Advance permission shall not be required for leave taken for either of the following two (2) reasons:
(a) Death or serious illness of a unit member's immediate family or household.
(b) Accident/mishap involving the unit member's person or property, or the person or property of a unit member's immediate family or household.
5.4.3 The unit member shall submit a written request to the immediate supervisor or designee to secure advance permission for personal necessity leave except as specified in Sections 5.4.2 (a) and 5.4.2 (b) above; provided, however, that in an emergency situation where a request in advance is not possible, leave shall be approved subsequent to the leave.
5.4.4 Approved absence for personal necessity beyond a twelve (12) day period, not to exceed an additional six (6) days, shall be subject to salary deductions in the amount required to pay substitute teachers. After the additional six (6) days, the unit member may apply for an unpaid extended personal necessity leave.
5.5 Conference Leave/Professional Affairs Committee
5.5.1 Conference Leave shall be recommended by the UPM-District Professional Affairs Committee (PAC). The PAC shall be composed of four (4) members, two appointed by UPM and two appointed by the District (all members shall be voting members). The criteria in 5.5.4 shall be used by the PAC in the granting of Conference Leaves. The PAC shall recommend to UPM and the Superintendent/President all other issues pertinent to the granting of conference leaves including but not limited to the use and payment of substitute teachers. UPM and the Superintendent/President shall modify, delete and/or add to these criteria. Any criteria not agreed to by UPM and the Superintendent/President shall be submitted to binding arbitration by either party. The criteria finally agreed upon, and only those criteria, shall be utilized by the PAC and management in recommending and approving leaves. Conference leaves shall be, by a majority vote, recommended by the PAC to the supervising Vice President. In case of a split decision, the issue shall be decided by the supervising Vice President. The supervising Vice President shall follow the provisions of 5.5.3 and 5.5.4. Applicants for Conference Leaves who are denied said leaves may appeal via the provisions in the Grievance Article of this contract.
18.104.22.168 Each permanent/probationary unit member and each temporary unit member employed for at least 40% FTE or averaging at least 40% for the academic year shall be eligible for four (4) days of conference leave per fiscal year, per the conditions of 22.214.171.124 and 5.5.3. These days may not be carried over to subsequent fiscal years. No more than fifty (50) percent of the unit members of any department may attend the same conference at the same time without the approval of the appropriate dean or director (Forms F 5.5 (a) & (b)).
126.96.36.199 Definition of Conference Leave.
An employment-related conference, institute, workshop, short course (discipline or teaching skills-related), or institute/workshop wherein a unit member delivers a paper or speaks on his/her publication sponsored by a recognized professional organization, accredited educational institution, organization or national/international body. "Short course (discipline or teaching skills-related)" is defined as one that is no more than four (4) days in length. This language is not intended to include courses taken by a unit member to obtain an advanced degree, or to further his/her placement on the salary schedule, or College of Marin sponsored courses or workshops. A Continuing Education Unit (CEU) waiver must accompany the unit member's request for a short course (discipline or teaching skills-related).
188.8.131.52 For the purpose of calculating the four (4) days, a day of conference leave is any conference leave recommended by the PAC where at least one of the following occurs:
(a) The unit member is granted conference travel money by the PAC.
(b) The unit member is granted paid substitutes by the PAC.
(c) The unit member is released from assigned duties whether or not a substitute is required.
184.108.40.206 A day of conference leave shall be counted even if said conference day falls on a day outside of the 175-day academic year/workyear assigned to all unit members, if for said conference day the unit member receives conference travel funds through the District.
220.127.116.11 The PAC shall have the discretion to recommend additional conference leave days on a case-by-case basis, subject to the limitations of 5.5.3 and the criteria below:
(a) A unit member shall use no more than four (4) days of Article 18.104.22.168 "General Fund" paid substitutes. If the unit member did not use up the four (4) days of substitutes on the original requests, those days will be available for additional requests by that individual in that fiscal year.
(b) If all four (4) days of substitutes have been used, the PAC shall recommend the leave only if the unit member "trades" with another unit member who meets minimum qualifications, under the conditions set forth in 22.214.171.124, and if there is no cost to the District.
(c) Before conference travel funds are allocated to additional requests by a unit member, the PAC shall determine the cumulative total awarded to that individual so far that fiscal year. The cumulative total dollars shall be subtracted from $1000 and the balance is the maximum amount that the individual can have approved. The additional requests shall be awarded conference travel funds as set forth in the criteria in Article 126.96.36.199 up to this maximum.
188.8.131.52 Applicants shall submit requests for conference leave to the PAC on the required form at least fifteen (15) calendar days in advance. Exceptions to the fifteen (15) calendar days advance application will require a written request for waiver to be submitted to the PAC, and said request for waiver is to be received prior to a regular meeting of the PAC.
184.108.40.206 These conference leaves shall be in addition to the leaves specified in Article 13.15 of this contract, but the PAC shall review these applications to insure compliance with Article 13.15 and all other contract requirements.
5.5.2 Expenses for attendance at conferences may be fully, partially or not reimbursed provided the employee is aware of and agrees to whatever level of financial support is offered by the supervising Vice President.
5.5.3 Funding for Conference and Honorary Leaves. (To Be Effective Fall 2002)
220.127.116.11 The District shall provide $30,000 for each fiscal year for approved conference and honorary leave travel costs.
18.104.22.168 (a) The District shall provide $15,000 for each fiscal year for substitutes for all approved conference and honorary leaves.
(b) Effective February 27, 1996 any excess balance of the PAC substitute budget shall be transferred to the PAC travel budget during each fiscal year based on utilization of the substitute budget. It is understood by the District an UPM that the rate for calculating compensation for substitutes for the purposes of this Article is the current stipend rate. The amount transferred to the PAC travel budget will be used to compensate unit members whose travel was approved by PAC, but who were not compensated because the travel budget was depleted. PAC will keep a prioritized list of the unit members and award them the remaining funds in accordance with Article 22.214.171.124 of the CBA. Any funds remaining in either the PAC substitute budget or PAC travel budget, after all approved travel taken during the fiscal year has been reimbursed within the sixty (60) calendar day limit under Article 126.96.36.199, will not be carried forward to the next fiscal year.
188.8.131.52 Travel Award Schedule. The PAC shall award conference money for travel expenditures (including meals) to all approved conference leaves not to exceed $1,000 per year per unit member.
(a) All requests are subject to the availability of monies contained in 184.108.40.206 and 220.127.116.11.
(b) No individual shall receive more than $1,000 cumulative total of conference/travel fund dollars (excluding substitute dollars) during the fiscal year.
18.104.22.168 Eligibility While on a Leave. Unit members shall be eligible for conference leave while on sabbatical leave, but not while they're on any other type of contractually approved leave.
22.214.171.124 Eligible Workshops/Activities. Workshops or activities per Article 126.96.36.199 do not qualify for conference leave, if credit from said workshop or activity can be used to advance the member on the salary schedule.
188.8.131.52 Use of Substitutes. Unit members who meet minimum qualifications may substitute or exchange during their unassigned hours to cover an absence of an approved conference or honorary leave. A unit member requesting conference or honorary leave shall, along with the conference or honorary leave form, turn in a copy of the form showing assigned hours during the period of leave and the arrangements for covering those obligations (e.g. substitute, trade with named unit members, etc.).
184.108.40.206 District-Directed Travel. The PAC shall not award travel funds to unit members requesting leave for District-directed travel. However, the PAC shall review all unit member requests regardless of funding source and forward them to the supervising Vice President or Dean (Student or Enrollment Services) for signature.
220.127.116.11 Request for Reimbursement Timeline. Unit members who have been granted funds for a conference or honorary leave shall submit a request for reimbursement on the claim for reimbursement form no later than 60 calendar days after the completion of the conference or honorary leave.
5.5.4 Criteria. At least one of the following criteria shall be met for the leave to be granted:
(a) There is significant benefit to the institution.
(b) There is benefit to the member by staying current in their own discipline.
(c) There is benefit to the District by retraining member for teaching, counseling, librarianship, or administration.
(d) There is enhancement of teaching methodology.
(e) There is increased expertise in meeting learning needs of a changing student population, i.e. re-entry students, older students, remediation, etc.
5.6 Sabbatical Leave
5.6.1 Purpose. Sabbatical leave of absence shall be granted to eligible (as defined in Article 5.6.3) permanent credit unit members of the regular staff for professional improvement to be attained by study or research. A sabbatical leave will fulfill one (1) or a combination of the following purposes:
18.104.22.168 Formal Study. Applicants for sabbatical leave under this section shall agree to undertake a program of undergraduate or graduate work or combination thereof. This program must be related to the present or prospective service of the unit member within the District. If the study undertaken is for prospective service to the District, then the leave shall be called a sabbatical/retraining leave.
22.214.171.124 Independent Study. An Independent Study leave is one during which time the unit member pursues a program of study, research and/or experience. This program must be related to the present or prospective service of the unit member.
126.96.36.199 Travel. Sabbatical leave which is for the purpose of travel will normally be approved only if the proposed travel program incorporates a plan of study or research in an area related to the applicant's field of work. Applicants will submit as detailed an itinerary of their program as possible with a statement of the objectives of the plan.
5.6.2 Application. An application for sabbatical leave shall be accompanied by a statement of program which the applicant proposes to follow while on leave including sufficient detail for evaluation and comparison with other applications (Forms F 5.6.2 (a) & (b)).
5.6.3 Eligibility. To be eligible for sabbatical leave a unit member must have six (6) years of permanent, full-time service as a member of the faculty or six (6) years of permanent, full time service since the unit member's last sabbatical leave. In the event of a split sabbatical leave, as provided for in Article 5.6.4, the six year period shall be calculated from the commencement of the first semester of the unit member's last sabbatical leave. Recipients of sabbatical leaves must agree to remain in the employ of the District for two (2) years after return to service, unless otherwise provided for in the CBA. No absence from service under a leave of absence other than sabbatical leave shall be deemed to be a break in the continuity of service required by the Education Code for the purpose of qualifying for a sabbatical leave; however, such absence shall not be included as service in computing the six (6) years required for sabbatical leave. Reduced loads below sixty (60) percent in a semester shall, for the purpose of eligibility, be computed on a prorated basis. After employment by the District, service under a nationally recognized fellowship or foundation approved by the Board of Governors for a period of not more than one (1) year for research or teaching shall not be considered a break in continuity of service and shall be included in computing the six (6) consecutive years required for sabbatical leave. No service performed prior to the granting and execution of a sabbatical leave of any duration may be used in determining eligibility for a subsequent application for sabbatical leave. A sabbatical leave shall not count as a break in continuity of service to the District. The last possible time for an applicant to take sabbatical leave shall be such that upon his/her return, there will be two (2) full years remaining to serve the District prior to the end of his/her legal tenure unless otherwise provided for in the CBA.
5.6.4 Extent. Sabbatical leaves shall not normally be granted for less than one (1) semester except for eligible permanent credit unit members who do not have teaching assignments. It is understood that the second half of the sabbatical leave is waived if the applicant requests only (1) semester or less. The second semester of a two-semester sabbatical leave may be taken immediately following the first semester or may be taken at a later time on a split basis provided the second semester of leave is completed within two (2) years of the beginning date of the first leave. Extensions beyond the two year limit may be granted by the
Sabbatical Leave Committee upon written request. One half (1/2) sabbatical shall count as one half (1/2) of a year sabbatical in computing the total number of sabbatical leaves which may be granted under this policy.
5.6.5 Distribution. The number of sabbatical leaves awarded in any one (1) fiscal year shall be five percent (5%) of the total permanently filled FTEF (excluding administrative positions), as of October 15, the number of sabbatical positions awarded to be rounded to the nearest half number. (Definition of a "filled" FTEF position: Non-administrative minimally qualified full time equivalent (1.0 FTE) held by a permanent or probationary unit member, either in service or on leave.)
188.8.131.52 A unit member on a granted sabbatical leave for a period of one (1) semester or less as of January 1, 1991 shall be paid ninety (90%) percent of his/her salary plus all fringe benefits including retirement contributions he/she would have received had he/she remained in active service. A unit member awarded a sabbatical leave of absence for one (1) year shall be paid sixty five percent (65%) of his/her salary plus all fringe benefits including retirement contributions he/she would have received had he/she remained in active service. In the computation of the salary, extra pay for summer session, overloads, etc., shall be excluded.
184.108.40.206 A unit member who is awarded sabbatical leave of absence shall receive, when sabbatical leave is computed, such automatic changes in salary rating as would have been received had he/she remained in active service. A unit member on sabbatical leave shall be paid at the same intervals as he/she would for his/her normal pay period.
5.6.7 Criteria. The ranking of sabbatical leave proposals shall be governed by the list of priority determinations, listed in order of precedence (220.127.116.11 - 18.104.22.168), and shall be calculated in accordance with established Sabbatical Leave Committee practice. The revised "SLIDING SCALE OF VALUES FOR EVALUATING SABBATICAL LEAVE PROPOSALS, " (Forms F 5.6.7 (a) & (b)).
22.214.171.124 Value of leave to the District, to the students of the District, and to the individual. Value of leave to the District and students is evaluated in terms of the applicant's proposed contribution to classroom teaching, leadership, curriculum development, teaching methods, or other related activities.
126.96.36.199 Among those candidates in the District eligible for sabbaticals at the time applications are submitted, applicants not previously having been granted sabbaticals shall be given preference over candidates who have previously been granted sabbaticals by the District.
188.8.131.52 Seniority of service since last sabbatical.
184.108.40.206 Reasonable distribution in every discipline to the extent required by educational considerations.
220.127.116.11 No sabbatical proposal with a score lower than 10 points shall be considered "qualified" for award. The Sabbatical Committee shall rank all "qualified" sabbatical proposals, including alternates. In the event that a leave is forfeited, the next alternate shall then be selected. Five (5) additional points shall be added to criteria #1 (form 5.6.7 (a)) for a total of 25 points to be awarded in 5 point increments. No proposal scoring below 10 points in criteria #1 shall be eligible for approval. However, applicants submitting proposals deemed unqualified shall be given the opportunity to revise and resubmit their proposal to be considered for placement in a ranked order below those proposals initially approved by the committee, provided there are available sabbatical leaves.
5.6.8 Application Procedure. The selection process should contain the following steps:
18.104.22.168 A Sabbatical Leave Committee shall be composed of four (4) unit members selected by UPM and one (1) manager selected by the Superintendent/President. Each member shall have one (1) vote. A majority vote (3 votes) will be required to pass sabbatical leave requests. A quorum shall consist of three (3) committee members.
22.214.171.124 Applications for sabbaticals shall be submitted by October 15 in the year preceding the fiscal year in which the sabbatical is applied for. The Sabbatical Leave Committee shall submit all qualified sabbatical proposals to the supervising Vice President by December 15 in each year, and each application must be approved or disapproved by the MCCD Governing Board ("Board) no later than the last Board
meeting in January. If application(s) is disapproved, the applicant shall be informed in writing within ten (10) working days of the reason(s) for disapproval. The Board shall not review additional sabbatical leave proposals in that contract year. If a unit member decides, for any reason, not to take a sabbatical leave approved by the Board, their leave is forfeited. However, should the unit member apply for a future sabbatical leave, the forfeited leave shall not count in the calculations determining future eligibility. Forfeited leaves shall be awarded to the next highest ranked unit member from the Governing Board's approved list.
126.96.36.199 The supervising Vice President shall review the sabbatical recommendations and forward the same to the Superintendent/President and the Board with such recommendations for changes as the Vice President requires to reconcile the recommendations with the educational and financial requirements of the District.
188.8.131.52 The final approval for each individual sabbatical, with said approval based upon the criteria listed in this Article, shall rest with the Board. Each recipient of a sabbatical must post a bond. The California Education Code Section 87770, and any amendments thereto, shall govern. The bond must be received in Human Resources prior to the last day of the semester preceding the sabbatical. The bond requirement may be waived by mutual agreement of the UPM and the MCCD.
5.6.9 Accident or Illness. If there is a temporary interruption of more than five (5) calendar days in the program of study or research caused by serious accident or illness during a sabbatical leave, evidence and written verification from a physician of the accident or illness shall be sent by the unit member to the Sabbatical Leave Committee. This notice shall be by registered letter mailed within fifteen (15) calendar days of such illness or accident, or as soon as physically possible. If this evidence is found to be satisfactory to the Sabbatical Leave Committee, this temporary interruption shall not prejudice a unit member regarding fulfillment of the conditions concerning study or research on which such leave was granted. During this period of temporary interruption, the employee shall be returned from sabbatical leave status, placed on regular pay and sick leave status. The employee shall also notify the Sabbatical Leave Committee as outlined in 5.6.11 if accident or illness requires recuperation of an extended nature and creates an unmet Sabbatical Leave commitment.
5.6.10 Return to Service/Final Report. At the expiration of the sabbatical leave, a unit member shall be reinstated in a position equivalent in classification (instructor, counselor, librarian, school nurse and other non-instructional unit member) to that held by him/her at the time of the granting of the leave, unless he/she otherwise agrees in writing prior to the beginning of his/her leave. The unit member is obliged to render at least the equivalent of two (2) full time years of service to the District within a four (4) year period following the completion of the sabbatical leave. A unit member returning from leave shall file a report with the Sabbatical Leave Committee within one semester of his/her return. The nature of the required report shall be determined by the purpose and type of the sabbatical leave, and shall be discussed with the Sabbatical Leave Committee before the leave is taken. This report shall be retained in the Sabbatical Leave Committee's files. At the unit member's request, the report shall be included in the unit member's personnel file. This report shall also be retained in District files and shall serve as a record of professional growth on the part of the unit member and the unit as a whole. (See Form G-7a/b) When formal college credit has been earned during a sabbatical leave, an official transcript shall be supplied by the unit member to the District. 5-8
5.6.11 Inability to Complete Approved Leave. In the event of a unit member's inability to complete a sabbatical leave proposal in a timely manner as approved by the Sabbatical Leave Committee, the unit member shall so inform the supervising Vice President or other designated administrator not later than 20 working days following the unit member's awareness of this problem. Said administrator shall notify the Chair of the Sabbatical Leave Committee who shall convene the committee (or, during the summer, members and/or alternates designated by the respective parties as provided for in 184.108.40.206 of the CBA) for the purpose of considering and/or proposing an alternative to the unit member's unmet sabbatical leave commitment.
220.127.116.11 First preference shall be given to any proposal by the employee that is comparable in appropriateness, time, and product to the original approved sabbatical.
18.104.22.168 In the event the committee determines the new proposal to be inappropriate, it shall explain why and an opportunity for reply and revision shall be given to the unit member.
22.214.171.124 In the event the committee determines that the new proposal does not meet the criteria of time (i.e., length of courses taken, length of travel commitment, etc.) or product (i.e., publications, degree received, etc.) it shall pro-rate the repayment (as provided for in 24.7.1 of the CBA) in a manner corresponding to a time-salary ratio (e.g., The percentage of leave that the unit member failed to complete multiplied by the pro-rated salary received by the unit member).
126.96.36.199 In computing the repayment and schedule, the Committee shall allow the unit member to use any available sick, personal necessity or industrial accident leave as compensation to the District in accordance with Articles 5.2, 5.4 and 5.11, as applicable.
188.8.131.52 Failure by the employee to comply with the amended provisions established by the Sabbatical Leave Committee shall result in those sanctions provided for in 24.7.1.
5.6.12 A unit member who is approved for a two semester sabbatical leave which is disrupted due to the accident/illness of the unit member (under conditions provided for in Article 5.6.9) shall have the option of reducing his/her sabbatical to a one semester leave to be compensated under the provision of Article 184.108.40.206 or to extend the period between his/her first and second semester (as provided for in Article 5.6.4 and Appendix G-8a).
5.7 Legislative Leave
5.7.1 Every permanent unit member who is elected to the Legislature, either State or Federal, shall be granted a leave of absence without pay for the duration of the term of the office.
5.7.2 Within six (6) months after the term of office expires, the unit member shall be entitled to return to the position held at the time of election, at the salary to which he/she would be entitled had the unit member not been absent from the service of the District to serve in the Legislature.
5.7.3 A unit member employed to take the place of another unit member elected to the Legislature shall not have any right to such position following the return of the unit member on Legislative leave to the District.
5.7.4 Subject to approval of the carriers, a unit member elected to the Legislature may continue his/her health and welfare benefits at his/her own expense.
5.8 Unpaid Leaves
5.8.1 Unpaid Leaves shall be recommended by the UPM-District Professional Affairs Committee (PAC) as defined in 5.5.1. The PAC shall review all unpaid leave requests on a case by case basis and shall recommend to UPM and the Superintendent/President all other issues pertinent to the granting of these leaves including but not limited to the use and payment of substitute teachers. UPM and the Superintendent/President may determine criteria and, if so determined, these shall be the criteria used by the PAC for the granting of Unpaid Leaves. Any criteria not agreed to by UPM and the Superintendent/President shall be submitted to binding arbitration by either party. The criteria finally agreed upon, and only those criteria, shall be utilized by the PAC and management in recommending and approving Unpaid Leaves. Unpaid Leaves shall be, by majority vote, recommended by the PAC to the supervising Vice President. Applicants for Unpaid Leaves who are denied said leaves may appeal via the provisions in the Grievance Article of this contract (Form F 5.8).
5.8.2 Short-Term. Unpaid leaves of less than a semester may be granted in extreme emergencies or, if not an emergency, at the discretion of the Board.
220.127.116.11 Requests for long-term leave shall be made at least ninety (90) days in advance of the desired start date. Special consideration may be given in emergencies. Long-term leaves shall start at the beginning of the semester.
18.104.22.168 The period of the leave may be one (1) semester or one (1) school year. Application may be made for a renewal, with the reasons(s) for the renewal being specified.
22.214.171.124 Fringe benefit coverage may be continued at the unit member's expense, if permitted by insurance carriers and requested in writing by the unit member.
126.96.36.199 Reasons for denial will be specified in writing upon request of the unit member whose leave has been denied.
188.8.131.52 A unit member on leave of absence shall signify in writing by March 15 if the leave was in the Spring semester, or by November 15th if the leave was in the Fall semester, his/her intent to return to duty the following semester or shall at that time request an extension of leave.
5.9 Bereavement Leave
Every unit member is entitled to a leave of absence, not to exceed three (3) days, or five (5) days if one-way travel in excess of 300 miles is required on account of the death of any immediate family member. No deduction shall be made from the salary of such unit member, nor shall such leave be deducted from leave granted by other sections of the Agreement. Members of the immediate family are mother, father, grandmother, grandfather, or a grandchild of the unit member or of the spouse of the unit member, and the spouse, son, son-in-law, daughter, daughter-in-law, brother or sister of the unit member, or any person living in the immediate household of the unit member.
5.10 Military Leave
Unit members shall be granted any military leave to which they are entitled under law. Unit members shall be required to request military leaves in writing, and, upon request, to supply the District with "Orders" and status reports.
5.11 Industrial Accident Leave
All unit members who are eligible for Workers' Compensation benefits shall be provided with industrial accident and illness leave according to the following provisions:
5.11.1 The accident or illness shall have arisen out of and in the course of the employment of the unit member and shall be accepted by the State Compensation Insurance Fund as a bona fide injury or illness.
5.11.2 Allowable leave for each industrial accident or illness shall be for the number of days of temporary disability but shall not exceed sixty (60) days during which the College is in session or when the unit member would otherwise have been performing work for the District in any one (1) fiscal year.
5.11.3 Allowable leave shall not be accumulated from year to year.
5.11.4 The leave under these rules and regulations shall commence on the first day of absence.
5.11.5 Maximum salary during any one (1) period shall not exceed the normal salary rate.
5.11.6 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.
5.11.7 During any paid industrial accident leave of absence, the unit member shall endorse to the District the temporary disability indemnity checks received on account of said member's industrial accident or illness. The District, in turn, shall issue the unit member appropriate salary warrants for payment of the unit member's salary and shall deduct normal retirement (on said member's full salary) and other authorized contributions.
5.11.8 Temporary disability payment on account of the industrial accident or illness shall be endorsed back to the District during any paid leave of absence.
5.11.9 Upon termination of the industrial accident or illness leave the unit member shall be entitled to the benefits provided for sick leave and his/her absence for such purpose will be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that if the unit member continues to receive temporary disability indemnity he/she may elect to draw on accumulated sick leave to provide (with temporary disability indemnity payments) total income not to exceed normal full salary.
5.12 Jury Duty
A unit member absent from work to fulfill jury obligations shall be paid the difference between regular salary and jury fees for each day absent. A unit member who receives a jury duty summons shall notify his/her immediate supervisor and shall submit to Human Resources a copy of the summons attached to the leave of absence report. Payment shall be made to the District in the amount of statutory fees which the unit member has received for attendance as a juror, excluding the statutory mileage fee.
5.13.1 The District shall provide a leave of absence for any unit member required to stop working because of a disability caused or contributed to by pregnancy, pregnancy-related disability, childbirth, and the recovery therefrom.
5.13.2 Any period of actual physical disability connected with the above conditions shall be treated as any other physical disability, and any accrued sick leave or other salary continuance benefits shall be available to the unit member. Physical disability shall be defined as a period during which the unit member is unable to perform job-related duties. Upon request by the District the unit member shall submit verification of physical disability by a health advisor, licensed to practice in the State of California.
5.13.3 The period of disability shall be determined by the unit member in consultation with the unit member's licensed health advisor. The District may, at its option, obtain other medical opinion(s).
5.13.4 Any period beyond, or in addition to, a period of physical disability, during which the unit member wishes to remain away from the job, shall be treated as an unpaid leave of absence.
5.13.5 This policy shall not be construed to apply to any unit member on other long-term leave of absence, sabbatical leave, or during any period when a unit member would not normally be performing services for the District.
5.14 Disability Leave
5.14.1 A disability leave shall apply when a unit member qualifies for disability insurance at the termination of accrued sick leave.
5.14.2 When a unit member is granted a disability leave, the District shall be responsible for continuing the District's proportion of medical, dental, and life insurance premiums for a period not to exceed ten (10) months.
184.108.40.206 The ten month period shall begin anew when the disability leave is for the same disability as the previous leave, but separated by a period of nine months; or for an unrelated disability.
5.14.3 A unit member on a disability leave shall be responsible for his/her portion of said fringe benefits payment which shall be due on a monthly basis, in advance.
5.15 Honorary Leave
Honorary Leaves shall be recommended by the UPM-District Professional Affairs Committee (PAC) as defined in 5.5.1. The PAC shall review all honorary leave requests on a case by case basis and shall recommend to UPM and the Superintendent/President all other issues pertinent to the granting of these leaves including but not limited to the use and payment of substitute teachers. UPM and the Superintendent/President may determine criteria and, if so determined, these shall be the criteria used by the PAC for the granting of Honorary Leaves. Any criteria not agreed to by UPM and the Superintendent/President shall be submitted to binding arbitration by either party. The criteria finally agreed upon, and only those criteria, shall be utilized by the PAC and management in recommending and approving Honorary Leaves. Honorary Leaves shall be, by majority vote, recommended by the PAC to the supervising Vice President. In case of a split decision, the issue shall be decided by the supervising Vice President. The supervising Vice President shall follow the provisions of 5.5.3. Applicants for Honorary Leaves who are denied said leaves may appeal via the provisions in the Grievance Article of this contract (Forms F 5.5 (a) & (b)).
5.15.1 Each permanent/probationary unit member and temporary unit member teaching at least six units a semester or twelve units a year is eligible to apply for paid honorary leave. An honorary leave is one which is requested by a unit member who has been formally honored and invited by a recognized group, organization, or national or international body. The PAC must receive applications for honorary leaves at least fifteen (15) working days in advance. Such application shall include a copy of the invitation and other relevant information. In order to receive expense reimbursement, applicable receipts must be submitted. The funding limitation set forth in Section 220.127.116.11 and 18.104.22.168 shall apply.
5.15.2 If the unit member is to be fully compensated by the group/organization for services rendered, then he/she shall receive no compensation from the District. If the unit member receives less than his/her normal salary and fringe benefits, the District shall pay the difference as stipulated in 5.15.2. The funding limitation of Section 22.214.171.124 and 126.96.36.199 shall apply.
Request Limits: A unit member cannot receive more than two (2) honorary leaves within a seven (7) year period for the same honor bestowed by the same group, organization or national/international body.
(a) Time Limits: A maximum of eight (8) calendar days per fiscal year.
(b) Substitute Limits: A maximum of eight (8) calendar days per fiscal year.
(c) Travel Compensation Limits: A maximum of $400.00 per fiscal year.
5.16 Assault Leave
Request for leave due to an assault upon a unit member shall be governed by Article V, Section 5.11, Industrial Accident Leave.
5.17 Unit Banking Program
The District and the Union agree to amend Article 5.17 Unit Banking Program as follows, effective with the Spring semester, 2000:
5.17.1 Definition: A permanent/probationary credit unit member may request the District to retain in a separate account, specifically designated for this purpose, salary compensation for overload/intersession/summer session work for the purpose of deferred remuneration, to be used to fund otherwise unpaid (unpaid leaves), or partially funded leaves, sabbatical leaves or reduced loads.
5.17.2 Sabbatical Leave: In the case of sabbatical leaves, compensation may be increased to 100% of the current salary (e.g., in one semester leaves, 1.5 units must be banked; in one year leaves, 10.5 units must be banked) if the banked units increase the partially funded sabbatical to 100%. Otherwise, compensation is prorated against the banked units applied to the partially funded sabbatical. All fringe benefits, including retirement contributions the unit member would have received had he/she remained in active service, continue.
5.17.3 Reduced Loads: In the case of a reduced load, a unit member must carry at least 9 units, or a 60% load, to be eligible to apply banked units toward a reduced load. The unit member may apply 6 units to the reduced load for a fully paid load for that semester, or may apply less than 6 units to the reduced load for a partially funded reduced load/unpaid leave for that semester. Compensation and retirement contributions will be prorated against the number of banked units applied. All fringe benefits, including Life Insurance and Income Protection continue.
188.8.131.52 Librarians, the School Nurse and other non-instructional unit members who are applying banked units towards a reduced load may select for the purposes of reduced load any single bloc of consecutive days of a semester that is equivalent to the six (6) units or less mentioned above, except the first 14 days of a semester commencing on the first day of classes, the final 14 days of a semester, concluding with the last day of final exams or any other segment of the semester, in which the unit member in question is identified as the instructor of record for a credit or non-credit course. Provisions contained in this article shall neither limit nor detract from any section of 8.6 of the CBA.
5.17.4 Unpaid Leave: In the case of a fully funded leave (otherwise an unpaid leave), compensation is at the 100% of the current salary. All fringe benefits including retirement contributions the unit member would have received had he/she remained in active service continue, based on approval of the carrier. Life Insurance and Income Protection are not provided because the unit member is not actively at work, as required under these benefits. Notice of the unit member's intent to exercise his/her right to an unpaid leave compensated by banked units shall be submitted to the PAC at least forty-five (45) calendar days prior to the semester the leave is taken.
5.17.5 Procedure for Banking Units:
1. Semester Banking - Applications for banking units shall be submitted to the Union/District Workload Committee (UDWC) via the Department Chair and Dean/Director by completing the Request for Reassigned Time, Stipend, or Overload Form F 8.3 during the scheduling process for the following semester (i.e. September for the following Spring semester load; January for the following Fall semester load).
2. Intersession/Summer Session Banking - Applications for banking intersession/summer session units shall be submitted to the Union/District Workload Committee (UDWC) via the Department Chair and Dean/Director by completing the Request for Reassigned Time, Stipend, or Overload Form F 8.3 before April 1 of any year.
1. Once the request for banked units is approved by UDWC, no change may be made (i.e. a unit member may not decide to be paid for approved banked units, unless the situation is beyond the unit members control - termination or critical emergency). Conversely, once the unit member has been scheduled for pay for overload/intersession or summer session, he/she does not have the option to bank these units.
(c) Access to Banked Units: When a unit member signs the Constructive Receipts Waiver for Banked Units, access to funds credited to the unit members account are restricted to applying them toward sabbaticals, reduced loads and unpaid leaves.
(d) Leave Not Taken: In the event the leave is not taken, unit members who do not sign the Constructive Receipts Waiver for Banked Units may recover original monetary value upon written request to Payroll, in any contract year following the year the units were earned. Requests for cash-out will only be permitted in cases beyond the employees control, i.e., termination, critical emergencies, or paying out of nominal residual balances, as provided for by IRS Code 1.451-2 (a).
(e) Tax Implications: Internal Revenue Service regulation 1.451-2 (a) applies the doctrine of constructive receipt to compensation income earned from unit banking. Income is constructively received for the year its credited to the taxpayers account, set part for him/her, or otherwise made available so he/she can draw upon it at any time.
In order to avoid reporting compensation as taxable income on the current salary banked, the unit member must sign the Constructive Receipts Waiver for Banked Units, Form F 5.17.
(f) Impact on Retirement: The increased compensation due to the addition of banked units to either a partially funded sabbatical leave, reduced leave or unpaid leave to make it a fully funded leave, is subject to STRS contributions with resulting service credit.
5.17.6 By October one (1) of each academic year, Human Resources shall give written notification to all unit members who have banked units:
(a) The total number of units in their account.
(b) The semester(s) and/or intersession(s) during which the units were earned and/or expended.
(c) The total dollar value of the units (computed as provided above).
5.18 Employee/Family Care Leave
It is the intent of this section of the collective bargaining agreement to make available to unit members leave under the Federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) (Government Code Section 12945.2). This section shall be applied and interpreted in accordance with the state and federal law and regulations and related provisions of the Collective Bargaining Agreement (CBA).
5.18.1 Eligibility: A unit member who has worked in the District for 12 continuous months and a minimum of 1,198 hours during the previous 12 months is eligible for the leaves described below. Unit members who work less than 12 months and who return each year, are considered to have met the 12 month requirements so long as they meet the 1,198 hours requirement.
5.18.2 Purposes for Which Leave May be Taken:
(a) Birth, adoption or foster care placement of a child (within one year of event).
(b) Care of a family member with a serious health condition:
1. Family member includes spouse (husband or wife), parent, (including
person who stood in loco parentis to the employee), child (including
foster, step and adult children and legal wards).
2. Serious Health Condition is defined as any illness, injury, impairment or
physical or mental condition that requires either inpatient care in a
hospital, hospice, or residential care facility, or continuing treatment by
or under the supervision of a health care provider.
(c) Unit member's own serious health condition (except that CFRA excludes pregnancy disability which is covered under Government Code Section 12945 (b) (2) and Article 15.3 of the CBA.
5.18.3 Duration of Leave:
(a) All leave is unpaid.
(b) Leave may be taken for a total of 12 work weeks in a 12-month period.
(c) Intermittent leave in the form of reduced work day or work weeks may be taken for treatment of a single illness or injury, i.e. for chemotherapy, radiation, kidney dialysis or other treatments of a similar nature.
(d) Intermittent leaves as defined 5.18.3 (c) above shall be scheduled, to the extent possible, to minimize disruption to the District. A unit member who requests leave on an Intermittent or a reduced leave schedule may be required to transfer temporality to an assignment that better accommodates recurring periods of absence than the unit member's regular assignment.
5.18.4 Time for Commencement of Leave:
(a) Leave for birth, adoption or foster care placement of a child must commence within one year of the birth, adoption or foster care event. Leave need not all be taken at one time.
(b) The unit member shall be required to first use personal necessity (as provided for in Article 5.4 of the CBA), if available, but not sick leave for situations other than the unit member's own serious health condition.
(c) If the situation is the unit member's own serious health condition, he/she shall be required to first use sick leave and five month "differential" leave.
(d) Pregnancy disability leave is treated separately under CFRA (See Government Code Section 12945 (b) (2).
5.18.5 Employee Notice:
(a) If the need for leave is foreseeable, the unit member shall provide the District with reasonable (at least 30 days) written notice.
(b) If the need for the leave is unforeseeable, notice must be given as soon as practicable.
(c) The District may deny the leave for failure to provide notice if:
(1) The unit member had no reasonable excuse for failure to give
(2) The unit member actually knew of the notice requirements; and
(3) The need for leave was clearly foreseeable.
5.18.6 Continuation of Benefits:
(a) The District will continue to pay the unit member's health benefits to the same extent the District would have paid for such benefits if the unit member would have continued working.
(b) If the unit member does not return at the end of the leave, the District will collect from the unit member the amount expended for benefits unless the failure to return is because of disability or other reasons beyond the control of the unit member.
(c) The District will not continue to pay for dental and vision benefits. The unit member can make arrangements to pay for these benefits, if he/she wishes them to continue.
(d) The District and the unit member cannot continue to pay the retirement contributions because the unit member must be in paid status for these contributions to continue. However, a unit member with STRS retirement may elect to purchase the additional service credit for an approved family care leave, prior to retirement, and in doing so will pay all contributions with respect to that service at the contribution rate for additional service credit in effect at the time of the election.
(e) The District and the unit member cannot continue to pay for life insurance or income protection because the unit member must be in paid status to make this payment.
5.18.7 Status While on Leave: Leave does not constitute a break in service for purposes of seniority or longevity.
5.18.8 Husband and Wife Employees: If both spouses are employed by the District, the aggregate leave for both employees is limited to 12 weeks for the care of a newly arrived child (birth, adoption or foster care placement) or a sick parent. For other purposes, such employee is entitled to 12 weeks of leave.
5.18.9 Medical Certification of Serious Health Condition:
(a) The unit member shall provide to the District medical certification of the serious health condition of a child, spouse or parent and a statement that the serious health condition requires the participation of a family member to provide care.
(b) The unit member shall provide to the District medical certification of his/her own serious health condition and the inability to perform the functions of his/her position.
(c) Medical certification may be provided by a physician, osteopath or other health care provider designated by the Secretary of Labor.
(d) The District may, at its expense, require additional medical evaluation and certification of the unit member's own serious health condition (but not of the unit member's spouse, parent or child).
(e) The District shall require fitness for return to duty certification following leave for the unit member's own serious health condition.
5.18.10 Right to Reinstatement: A unit member is entitled to reinstatement to the same or a comparable position, if the position exists at the time of the unit member's return.
5.18.11 Procedure for Applying:
Complete the Request For Employee/Family Care Leave And Medical Certification Form and submit to Human Resources (Form F5.18).
5.19 Leave Provisions Unit Members Assigned to the Childrens Center
The following provisions of Article 5 apply to unit members assigned to the Childrens Center. All other provisions (Articles 5.6, 5.15 and 5.17) do not apply.
5.1 Reporting Absences/Definition of Day
5.2 Sick Leave
5.3 Substitution Faculty
5.4 Personal Necessity Leave
5.5 Conference Leave/ Professional Affairs Committee
5.7 Legislative Leave
5.8 Unpaid Leave
5.9 Bereavement leave
5.10 Military Leave
5.11 Industrial Accident Leave
5.12 Jury Duty
5.14 Disability Leave
5.16 Assault Leave
5.18 Employee/Family Care Leave