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10.1
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SICK LEAVE - ENTITLEMENT AND TRANSFER
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10.1.1
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FULL-TIME EMPLOYEES - A full-time ten (10) month academic employee who must absent himself/herself from his/her duties because of illness or injury is entitled to ten (10) days leave per year. Employees whose contractual assignment is for more than ten (10) months shall be granted sick leave on the same basis -- one (1) day per service month.
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10.1.2
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ACCUMULATION AND TRANSFER - Sick leave not taken may be accumulated from academic year to academic year.
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10.1.3
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At the beginning of each academic year every faculty member shall be advanced a sick leave allotment credit, equal to his/her entitlement for the academic year. A faculty member may use this credited sick leave at any time during the academic year.
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10.1.4
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Should a faculty member resign or retire, the faculty member's last salary warrant shall be adjusted, if necessary, by any sick leave used but not earned. For example, the new employee who leaves after one-half (1/2) year service, would receive a final salary warrant with pay reduced by five (5) days -- if ten (10) days of sick leave have been used.
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10.1.5
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The College shall provide each faculty member with a written statement of (1) accrued sick leave total and (2) his/her sick leave entitlement for the academic year. Such statement shall be provided no later than September 30 of each academic year.
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10.2
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MATERNITY LEAVE - PREGNANCY
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10.2.1
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Unit Members are entitled to use sick leave for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom on the same terms and conditions governing leaves of absence from other illness or medical disability. Such leave shall not be used for child care, child rearing, or preparation for child bearing but shall be limited to those disabilities as set forth above. The length of such disability leave, including the date on which the leave shall commence and the date on which the duties are to be resumed, shall be determined by the Unit Member and the Unit Member's physician; however, the District management may require a verification of the extent of disability through a physical examination of the employee by a physician appointed and paid for by the District.
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10.2.2
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Unit Members are entitled to leave without pay or other benefits for disabilities because of pregnancy, miscarriage, childbirth, or recovery therefrom when sick leave has been exhausted. The date on which the employee shall resume duties shall be determined by the Unit Member on leave and the Unit Member's physician; however, the District management may require a verification of the extent of the disability through a physical examination of the employee by a physician appointed and paid for by the District.
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10.2.3
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The Unit Member on leave for pregnancy disability shall be entitled to return to a position comparable to that held at the time the leave commenced.
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10.3
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CHILD-REARING OR PREPARATION FOR CHILD BEARING LEAVE
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The Board may grant an employee a child rearing or preparation for child bearing leave without pay for up to one (1) year after the birth of the employee's child or the adoption of a child of pre-elementary age upon receiving actual custody of the child, or earlier if necessary in order to fulfill the legal requirements for adoption.
Request for such leave shall be made as far in advance as possible.
An employee returning from leave shall resume duties on a regular basis at the same or similar position held prior to the leave. If the employee is not returned to the same or similar position held prior to leave, the change will be considered a transfer.
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10.4
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EXTENDED ILLNESS LEAVE
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If absence extends beyond the number of days of accumulated leave, the academic employee will be paid the difference between his/her salary and that paid the substitute for a period not to exceed five (5) months.
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10.5
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INDUSTRIAL ACCIDENT AND ILLNESS LEAVE
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10.5.1
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Criteria - If a District-related injury or sickness results in absence of a Unit Member, that person is entitled to leave for the duration of the injury as determined by the appropriate medical authority. Such leave shall commence on the first (1st) day of such absence.
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10.5.2
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Compensation - Such leave is for maintenance of the individual's tenure right and service credit and may or may not provide District compensation as provided in this Contract.
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10.5.3
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Allowable Days - For individuals with at least one (1) year of full-time service within the District, the District shall, for not more than sixty (60) working days within any one (1) year for the same accident, provide compensation, which added to any disability payments will equal his/her normal salary. Allowable leave shall not be accumulated from year to year. When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due her/him for the same illness or injury.
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10.5.4
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Utilization of Sick Leave - For individuals with less than one (1) year of full-time service within the District, and for individuals who have exhausted the sixty (60) day compensated leave, a person may utilize accrued sick leave in fractions of days which, when added to disability compensation, will ensure his/her full salary but will not exceed a normal day's compensation.
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10.5.5
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Reduction of Leave - Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability award.
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10.5.6
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Exhaustion of Leave - Upon termination of the industrial accident or illness leave, the employee shall be entitled to the benefits provided in the Education Code, and for the purposes of each of these sections, his/her absence shall be deemed to have commenced on the date of termination of the industrial accident or illness leave, provided that if the employee continues to receive temporary disability indemnity, he/she may elect to take as much of his/her accumulated sick leave, which, when added to his/her temporary disability indemnity, will result in a payment to her/him of not more than his/her full salary.
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10.6
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PERSONAL NECESSITY LEAVE
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10.6.1
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Any days of leave of absence for illness or injury allowed for sick leave may be used by the employee, upon prior approval except where specifically noted (*) in cases of personal necessity. Personal necessity leave shall be limited to circumstances that are serious in nature and that the employee cannot reasonably be expected to disregard, and that necessitate immediate attention, and cannot be taken care of after work hours or on weekends.
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10.6.2
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A maximum of six (6) days accumulated sick leave may be used in any school year for personal necessity leave for any of the following reasons:
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*10.6.2.1
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Death or serious illness of a member of his/her immediate family.
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*10.6.2.2
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Accident involving his/her person or property, or the person or property of a member of his/her immediate family.
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*10.6.2.3
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Death of a close friend which necessitates the employee's presence or serious illness of a member of the employee's household.
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*10.6.2.4
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Acts of God rendering the employee incapable of reporting to his/her assignment.
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* EMPLOYEE IS NOT REQUIRED TO SECURE ADVANCE PERMISSION.
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10.6.3
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Personal necessity leave not specified in other leave regulations may be granted upon the prior approval of the President or designee.
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10.7
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BEREAVEMENT LEAVE
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Each employee shall be entitled to four (4) days of paid leave of absence, or five (5) days if travel beyond three hundred (300) miles or outside of the state is required, when absence is necessary on account of the death of any member of the immediate family. This leave will not be deducted from sick leave.
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10.8
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PERSONAL LEAVE
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A short term personal leave may be granted to an employee for reasons not covered under personal necessity leave. Such leave shall be without pay or with partial compensation at the discretion of the President or designee. Extended leaves without pay up to one (1) year may be granted by the Governing Board.
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10.8.1
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SHORT TERM
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10.8.1.1
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The President or designee may grant a personal leave to an employee for reasons not covered under personal necessity leave. Such a leave shall be granted without pay. However, depending on the nature of the leave, the President or designee may grant such leave with fringe benefits.
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10.8.1.2
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Requests for personal leave shall be submitted to the President or designee two (2) weeks prior to the requested date of leave.
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10.8.2
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EXTENDED PERSONAL LEAVE
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10.8.2.1
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A permanent employee may be granted a leave of absence without pay for up to a maximum of one (1) year for personal reasons as listed below provided such a leave does not adversely affect the teaching program of the District.
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10.8.2.2
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Any academic employee on leave, other than sabbatical leave, shall not receive credit for a step change on the salary schedule unless such an employee renders actual service to the District for more than seventy five percent (75%) of the number of days that regular school is in session.
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10.8.2.3
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The employee will be entitled to retain health benefits for himself/herself and his/her family while on leave so long as the employee pays to the District the full cost of the coverage, subject to the insurance carrier's approval.
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10.8.2.4
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The employee may request that the leave be granted as a benefit leave, in which case fringe benefits may be granted.
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10.8.3
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EXAMPLES OF PERSONAL LEAVE
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10.8.3.1
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Study, travel, and/or professional improvement (not covered by sabbatical leave).
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10.8.3.2
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Overseas teaching.
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10.8.3.3
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Peace Corps or similar service.
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10.8.3.4
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Personal health and family hardship.
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10.8.3.5
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Child-rearing or preparation for child bearing leave.
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10.9
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JURY LEAVE
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A faculty member shall be entitled to paid leave when necessary for jury duty. The Employee shall pay the District the "jury fees" received.
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10.10
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LEGISLATIVE LEAVE
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A faculty member who is elected to the State Legislature, Congress or a School or College Board in another District or appointed to government service shall be entitled to an unpaid leave of absence for the length of the term or terms of office, not to exceed two (2) years.
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10.10.1
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The faculty member on such leave shall notify the College of an intended return at least four (4) weeks in advance of such return.
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10.10.2
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The faculty member on such leave shall be entitled to return to employment at the end of the leave.
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10.11
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STAFF DEVELOPMENT LEAVE
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A faculty member may be granted paid leave for the purpose of improving classroom teaching performance. Such leave may be used to visit classes in other departments or colleges or to attend workshops related to the subject(s) or academic discipline(s) being taught by the faculty member.
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10.12
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SABBATICAL LEAVE
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Note: Paragraph 10.12 will be suspended for FY 03/04 and 04/05. During these two (2) years no sabbaticals will be funded by the District.
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10.12.1
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After completing seven (7) consecutive full school years of service, a Unit Member will be eligible for a sabbatical leave of absence not to exceed two (2) semesters, provided that such is commenced and completed within a three (3) year period. Any Board approved leave will not be considered a break in the required seven (7) years of consecutive service, nor will it be counted as a period of service for purposes of sabbatical leave.
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10.12.2
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Applicants for sabbatical leave must submit their request and plan to the Staff Development Committee no later than December 1 of the school year preceding the school year in which the leave is requested. The Staff Development Committee will review and prioritize sabbatical proposals using criteria established by the Board of Trustees. The Committee will forward its recommendations through the Vice President of Instructional Services to the President. The leave requests will be presented to the Board at the regular January meeting for information. The President will present the leave requests to the Board for action no later than the regular March meeting.
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10.12.3
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Subsequent to the President's recommendation, the Board of Trustees may grant leave based on benefit of the proposed leave to the educational process.
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10.12.4
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Unit Members on sabbatical leave will receive a percentage of the regular salary they would have earned during their leave, according to the following schedule:
One Semester Leave - 100% of salary
Two Semester Leave - 60% of salary
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10.12.5
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The regular salary earned per semester shall be calculated by dividing the regular salary for the academic year by two (2). The annual salary calculated according to the above schedule shall be paid in ten (10) equal payments.
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10.12.6
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The Unit Members will be entitled to return to positions comparable to those which were held at the time of granting leave, and will also receive the appropriate step advancement which would have been granted had they not been on leave. Unit Members on sabbatical leave will receive the same health and welfare benefits they would have received had they not gone on leave.
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10.12.7
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The terms and conditions of the leave shall be agreed upon in writing, and shall include, but not be limited to: an indemnification bond in the amount of the sabbatical pay posted to protect the District against failure to successfully complete the sabbatical program as described or to render the necessary post-leave service of not less than two (2) years for a full year of leave; the description, purpose, and objectives of the sabbatical program; and appropriate reporting procedures as may be designated by the President.
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10.12.8
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At no time may the number of individuals on a sabbatical leave exceed three percent (3%) (rounded to the nearest whole number) of the Unit Members.
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10.12.9
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The teaching or workload of faculty on sabbatical leave will be absorbed by other members of the faculty, if possible. If this is not possible in the opinion of the President, a recommendation which has the least detrimental effect on the educational program will be made to the Board of Trustees.
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10.13
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ASSOCIATION LEAVE
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The Association President or designee shall have five (5) non-consecutive days of paid leave to utilize for local, state or national conferences or for conducting other business pertinent to Association affairs. The Association President must provide at least five (5) working days notice of leave to the District.
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10.14
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MISCELLANEOUS
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10.14.1
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A faculty member on paid leave shall be entitled to (a) receive wages and all fringe benefits, including, but not limited to, insurance and retirement benefits; and (b) return to the same or similar assignment held immediately preceding the commencement of the paid leave; and (c) to receive credit for annual salary increments provided during the paid leave. A faculty member on unpaid leave shall not be entitled to any of the benefits provided employees on paid leave or benefit leave except the right to return to the same or similar assignment held immediately preceding the commencement of the leave. Benefit leave means that the faculty member shall be entitled to medical, dental and vision fringe benefits accorded faculty members who are on paid leave and entitled to return to the same or similar assignment held immediately preceding the commencement of the leave.
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10.14.2
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UNAUTHORIZED LEAVE
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10.14.2.1
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The academic employee's daily rate of compensation shall be charged against the annual salary for all unapproved personal absences. Unauthorized leave is defined as non-performance of those duties and responsibilities assigned by the President or designee including all duties and responsibilities as defined by the Education Code, rules and regulations of the State Board of Education and policies and regulations of Gavilan Community College District.
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10.14.2.2
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Beginning on the first day of unauthorized leave, no warrant shall be drawn in favor of any employee who has not faithfully performed all duties prescribed; however, any past earned salary or outstanding accounts due will be paid.
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10.14.2.3
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An employee shall receive as salary only that amount which bears the same ratio to the established annual salary as the time served bears to the required days served.
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10.14.3
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VERIFICATION
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The District may require an employee to furnish reasonable documentation of the reason for taking leave or the ability to return from leave.
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10.14.4
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PERSONAL BUSINESS LEAVE
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An academic employee is permitted to be absent for his/her personal business for three (3) days per year subject to advanced approval from his/her immediate supervisor.
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10.14.5
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FAMILY CARE LEAVE (See Appendix F)
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