ARTICLE 17 - Leaves
A. General Provisions
1. Definition – A leave is an authorized absence from duty for a specific period of time. A leave protects the faculty member by holding his/her place until he/she returns to duty.
2. Extension of Leaves – Unless otherwise indicated, leaves may be extended upon mutual agreement between the unit member and management, for up to two additional years.
3. Salary – As indicated below, some leaves are without pay, some leaves are with partial pay, and some leaves are with full pay.
4. Fringe Benefits – Unless otherwise indicated, members on paid leave are eligible for and retain fringe benefits of their position; members on unpaid leave shall be eligible for and retain fringe benefits of their position, in accordance with the specific insurance program and carrier requirements, by paying monthly, in advance, to the District Business Office, the full District and employee costs of such benefit programs. Fringe benefits for members on partial load leave are covered exclusively by Article 17.P. Members must make arrangements with the District Business Office for payment of benefit premiums within 20 working days following notice of approval of leave. Members not making such arrangements within 20 days following notice of approval of leave shall have coverage rescinded until they return from leave. Management may make exceptions where individual circumstances warrant. Upon return from unpaid leave, such benefits shall be reinstated.
5. Retirement – The effect of leave on retirement eligibility and/or credit shall be exclusively governed by the State Teachers’ Retirement System, or the San Francisco City & County Employees' Retirement System, whichever is applicable. Members should, prior to requesting leave, determine from the Retirement System sources the effect of such leave. Leave Forms will include the statement, WARNING - EMPLOYEES SHOULD CHECK WITH THEIR RETIREMENT SYSTEM FOR EFFECTS OF THIS LEAVE ON RETIREMENT ELIGIBILITY/ BENEFITS.
6. Other Benefits – Unless otherwise indicated, time on paid leave shall be counted as time in service for rights and benefits.
7. Notification of Leave
7.1 Except in emergency situations or when waived by management, requests for unpaid leaves longer than 20 working days shall be filed within 10 days following the beginning of the semester for the following semester (e.g., approximately January 30 for a Fall semester leave or approximately August 30 for a Spring semester leave).
7.2 Within twenty (20) working days of the request for leave, the Chancellor or designee shall, whenever possible, notify the applicant as to whether or not a recommendation for approval of the requested leave shall be forwarded to the Board of Trustees. Notification of approval or denial shall be provided immediately upon determination by the Board.
7.3 Where short term leave (20 days or less) is requested, such request shall be made no later than 5 working days prior to the requested beginning day of leave.
8. Extension of Unpaid Leaves Longer than 20 Working Days
8.1 Extension of Leave
8.1.1 Except in emergency situations or when waived by management, an employee must request an extension of his/her leave of absence in accordance with the deadline for initial leaves of absence.
8.2 Notice to Employee Regarding Extension of Leave – Within twenty (20) working days of the request for extension of leave, the Chancellor or designee shall whenever possible, notify the applicant as to whether or not a recommendation for approval of the leave requested shall be forwarded to the Board of Trustees. Notification of approval or denial shall be provided immediately upon determination by the Board.
9. Abridgment of Leave – The District may grant or deny requests for early return from leave or cancellation of approved leave.
10. Return from Leave
10.1 Where no leave extension request has been received and granted, and no emergency exists to prevent return on the specified date, failure to return shall result in the following: District shall begin immediate processing for the securing of a written resignation and/or begin immediate processing for the discharge of such employee. This section shall be printed on District leave forms.
1. A unit member may be granted a leave without pay for not more than twenty (20) assigned duty days in any one-year period, subject to the discretion/approval of the Chancellor.
2. A unit member may be granted leave without pay for any period of time up to one year upon recommendation of the Chancellor, and subject to the approval of the Board.
3. Board-approved unpaid leaves of one semester or one year when completed under nationally recognized fellowships or foundations (Fulbright, Guggenheim, etc.) do not break the continuity of service for salary increments and sabbatical credit, where applicable.
1. Accrual Rate
1.1 Sick leave for full-time, regular and contract employees' illness or injury (only) shall be granted to each member at the rate of one day (or the hourly equivalent) per month of service in the academic calendar computed on a contractual basis ten (10) days (or the hourly equivalent) maximum leave annually.
In the Credit Program only, an employee who is absent and takes sick leave for an amount of time less than or equal to one-half (½) of a particular day's assignment shall be charged with only one-half (½) day of sick leave.
In the Noncredit Program and for all counselors, sick leave for full-time faculty shall be calculated in hours rather than days in accordance with the following schedule:
Full-time faculty = 5 hours per day
Counselor I = 6 hours per day
Librarian I = 6 hours per day
Non-teaching Full-time faculty = 7 hours per day1.1.1 If an employee has not rendered service during the academic calendar because of illness or injury and does not render service during a subsequent academic calendar because of illness or injury, he/she shall not receive the ten (10) sick days in that subsequent year.
1.2 Part-time employees shall be granted sick leave hours on the basis of 0.057 x the number of hours of service performed during the academic calendar, subject to the following limits.
1.2.1 Limits of Accumulation – No part-time employee may accumulate more hours of sick leave per semester than the usual number of hours per week at 60% of a full-time load in that assignment times 0.057. This includes block hour assignments.
1.2.2 Use and Accrual of Sick Leave – Sick leave may be used at any time after it is earned, provided it is used in one hour increments. (Sick leave may be used in one-half (½) hour increments only when a full assignment is missed and that assignment is one which is regularly scheduled in one-half (½) hour blocks (e.g. 1½ hours, 2½ hours, etc.)).
1.2.2.1 At the end of each year the number of sick leave hours accrued shall be rounded off to the nearest half hour.
1.2.3 For purposes of converting part-time hours to LTS days or full-time days: Number of part-time hours accumulated sick leave hours of average daily workload as a full-time employee within the department/discipline assigned = full-time days accumulated.
1.2.4 For purposes of converting LTS days to part-time hours: Number of LTS days accumulated sick leave x hours of average daily teaching load as an LTS = part-time hours accumulated.
1.3 Sick leave shall be earned only for assignments performed during days of service in the academic calendar year up to a maximum ten (10) days or the equivalent in hours, except in overload/extra-pay assignments. For purposes of this Article, an overload/extra-pay assignment is an additional assignment during the days of the academic calendar granted to a full-time instructor in addition to his/her contractual workload. Overload/extra-pay assignments shall not accrue sick leave, except overload/extra-pay assignments for full-time instructors in the Automotive Program, the Welding Program, and the Industrial Maintenance Program at the Automotive Center in the Centers Division; in the Business Machine Repair Program at the Southeast Center in the Centers Division; and in the Aircraft Maintenance Program in the College Division. These specified exceptions preceding shall accrue sick leave, which shall be maintained in a separate sick leave bank. Such sick leave shall be accumulated in the manner of part-time sick leave (17.C.1.2) but it may not be used for any purpose other than overload/extra-pay assignments. This overload/extra-pay sick leave shall be subject to 17.C.2.1. Nothing contained herein shall be interpreted as granting to any employee the right to an overload/extra-pay assignment.
1.4 Usage – Accumulated sick leave may be used at any time during the school year for any assignment, except for overload as stated in 17.C.1.3 preceding.
1.5 Unpaid Leave – Employees who are on unpaid leave, in accordance with the provisions of Section 17.B et seq., shall retain all accumulated sick leave, but shall not accrue any additional sick leave benefits during such periods of absence.1.6 Paid Leave – Employees on paid leave, except those on sabbatical or industrial accident or illness shall accumulate sick leave benefits in accordance with this Article.
2. Earned sick leave which is not used may be accumulated indefinitely from one year of service to the next year and may be used as required during such subsequent years of service.
2.1 Effective Academic Year 2000-2001, part-time employees’ accumulated but unused sick leave is lost after a break in service of more than four consecutive semesters. A one-month grace period shall be allowed.
3. Full-time employee credit for sick leave of absence need not be accrued prior to taking sick leave by the employee, and, such leave may be taken at any time during the school year, not to exceed the balance of the employee's sick leave entitlement through June 30 of that fiscal year.
4. Partially Paid Sick Leave – When a Regular or Contract faculty member has exhausted his/her sick leave benefits and is subsequently absent from work because of illness or accident for a period of one hundred (100) days or less, whether or not the absence arises out of or in the course of the employment of the member the employee shall receive fifty percent (50%) of his/her regular salary during the period of such absence up to a maximum of one hundred (100) days.
5. Transfer of Sick Leave Credit (from outside the District)
5.1 Sick leave credit received by transfer from the previous employer of a new employee shall be accepted within one year from date of hire pursuant to the provisions and limitations of the Education Code.
5.2 It shall be the responsibility of the employee to notify the Human Resources Department, in writing, of the name and address of the District by whom he/she was last employed, and request credit for the accumulated leave of absence for illness or injury to which he/she is, or was, entitled at the time of separation.
6. At the time a full-time employee begins his/her employment for the academic year, he/she shall, annually, be provided with a current accounting of his/her accumulated sick leave.
6.1 Under this Article, upon written request, other employees shall once annually be provided with a current accounting of their accumulated sick leave.
7. An employee utilizing sick leave benefits under provisions of this section shall provide the District with a signed "Application for Sick Leave Allowance" form. In all cases of absence due to illness/accident not exceeding the number of continuous days of absence in the following table, the Manager or Supervisor approval signature shall be deemed as certifying the absence of the member, and authorizing sick leave usage, if available. Failure to sign or refusal to sign shall be for good and sufficient cause. A signed certification from a reputable physician or dentist verifying that there was an illness/accident and the ability to return to work may be required in accordance with the following table. Should absence continue in excess of one month, an additional certification from the physician or dentist must be filed each succeeding month.
7.1 The number of days of continuous absences upon which a doctor's certificate may be required shall be in accordance with the following:
No. of Continuous Days of Absence No. of Days/Week upon which a Doctor's Certificate
of Assignment may be Required6 6 5 6 4 5 3 4 2 3 1 2
8. Sick leave may be utilized by any person placed under quarantine on the same basis as though this person has been ill.
9. Faculty members upgraded from part-time to full-time, from part-time to long-term substitute, from long-term substitute to full-time, or reverting from long-term substitute back to part-time shall retain all sick-leave accruals from their previous District assignment(s).
10. VOLUNTARY SICK LEAVE BANK – A pool may be established and maintained by the voluntary contributions of accrued sick leave days/hours by faculty. The pool will be known as the Voluntary Sick Leave Bank and shall be administered according to the provisions below.
10.1 Contributions – The Voluntary Sick Leave Bank may call for contributions at the beginning of any academic year in which the balance is less than one hundred (100) days. Additional calls for contributions may be accepted whenever the balance is less than the current demands upon the bank. Contributions may also be accepted from new faculty whose initial hire date falls between calls for contributions. In addition to the existing provisions of this section, in Fall Semester 2000 a one-time call for contributions will be made. Current members of the Voluntary Sick Leave Bank must contribute, pursuant to the provisions of Sections 10.1.1 and 10.1.2 et seq. below, during the one-time call in order to maintain membership. Full-time and part-time faculty contributing to the Voluntary Sick Leave Bank for the first time during this one-time call must contribute from their accrued sick leave account pursuant to Sections 10.1.1 and 10.1.2 et seq. below.
10.1.1 Full-time Faculty – Full-time faculty may voluntarily contribute from their accrued sick leave one (1) day per call for contributions.
10.1.1.1 If there is a call for contributions and a full-time faculty member has no accrued sick leave to contribute at the time of the call for contributions, the faculty member will be allowed to respond affirmatively to the call for contributions. Thereafter, one (1) day of accrued sick leave shall be deducted from the account of said faculty member as soon as he/she has accrued the required one (1) day, but in no event may such a faculty member apply for or receive an award from the Voluntary Sick Leave Bank until such time as the required one (1) day of sick leave is deducted from his/her accrued sick leave.
10.1.2 Part-time Faculty – Except as provided below, part-time faculty may voluntarily contribute from their accrued sick leave one (1) hour per call for contributions.
10.1.2.1 Part-time faculty who are members of the Voluntary Sick Leave Bank and who are upgraded to full-time faculty status will be charged from their accrued sick leave one (1) day in order to maintain their membership in the Voluntary Sick Leave Bank.
10.1.2.2 Part-time faculty who are not members of the Voluntary Sick Leave Bank and who are upgraded to full-time faculty status will be afforded a new opportunity to voluntarily contribute from their accrued sick leave one (1) day at the time they are upgraded.
10.1.2.3 If there is a call for contributions and a part-time faculty member has no accrued sick leave to contribute at the time of the call for contributions, the faculty member will be allowed to respond affirmatively to the call for contributions. Thereafter, one (1) hour of accrued sick leave shall be deducted from the account of said faculty member as soon as he/she has accrued the required one (1) hour, but in no event may such a faculty member apply for or receive an award from the Voluntary Sick Leave Bank until such time as the required one (1) hour of sick leave is deducted from his/her accrued sick leave.
10.1.3 Effect of Contribution – Contributors shall be treated as if no right to the contribution had ever accrued. Under no circumstances shall contributed time be retrievable.
10.2 Eligibility
10.2.1 Current Contributors – Only current contributors to the Voluntary Sick Leave Bank shall be eligible for benefits. Current contributors shall be defined as any of the following: (1) faculty members who contributed at the beginning of the academic year; (2) faculty members who contributed to the most recent call for contributions; or (3) faculty members hired between calls for contributions, who contribute at the time of hire.
10.2.1.1 Faculty members who are on leave or approved absence when there is a call for contributions shall be sent via the U. S. Mail at their home addresses written notification of the call for contributions and a copy of an appropriate form. Faculty members on leave or approved absence who are unable to respond by the deadline established for that call for contributions shall have up to thirty (30) calendar days from their return from leave to turn in the call for contributions form to the Human Resources Department.
10.2.2 Other Paid Leave Accounts – No faculty member will be eligible for benefits from the Voluntary Sick Leave Bank until all other available paid leave accounts under the District/AFT Contract have been exhausted.
10.2.3 Catastrophic or Life-Threatening Injury or Illness – Benefits will be available from the Voluntary Sick Leave Bank only in the event of a catastrophic or life-threatening illness, as defined below.
10.2.3.1 Catastrophic Injury or Illness – A catastrophic illness or injury is one which is expected to create a financial hardship and one which the employee's physician has certified is expected to incapacitate the employee for an extended period of time.
10.2.3.2 Life-Threatening Injury or Illness – A life threatening injury or illness is one which is expected to create a financial hardship and one which the employee's physician has certified poses an imminent threat to the employee.
10.3 Benefits
10.3.1 Full-time Faculty – The Voluntary Sick Leave Bank may contribute up to 100 days of half-pay sick leave, which leave shall coincide with the District's provision of 100 days of half-pay sick leave pursuant to Article 17.C.4 – Partially Paid Sick Leave.
10.3.2 Part-time Faculty – The Voluntary Sick Leave Bank may contribute up to 100 days of sick leave, at the rate of the faculty member's current load, which leave shall terminate at the end of the semester in which it begins.
10.3.3 Limitation on Use – No faculty member may receive benefits from the Voluntary Sick Leave Bank more than two times in his/her lifetime provided, however, that the Voluntary Sick Leave Bank Committee may determine that a faculty member will receive benefits from the Voluntary Sick Leave Bank a third time in his/her lifetime. In order to be considered for a third lifetime benefit, the Committee must determine that the total number of days (half-days for full-time faculty and full-days for part-time faculty) of sick leave in either the first or second award was thirty-five (35) days or less due to the number of instructional days remaining in a semester for part-time faculty or the number of instructional days remaining in an academic year for full-time faculty.
10.3.4 Extraordinary Benefits
10.3.4.1 The Voluntary Sick Leave Bank Committee may, in its discretion, make a finding that in a particular case there are exceptional circumstances which would make it desirable to provide an extraordinary benefit to a faculty member. Such a finding shall be made by majority vote of the Committee. In such exceptional cases the Committee may recommend to the Board of Trustees that the Voluntary Sick Leave Bank contribute up to 25 full days to the faculty member, to commence after the faculty member has exhausted the half-pay sick days which the Voluntary Sick Leave Bank contributed to him/her. The Board shall appoint a special committee to consider such recommendations. The Board's special committee, in its sole discretion, may approve or reject the Committee's recommendation for extraordinary benefits.
10.3.4.2 A decision by the Board's special committee to reject the Committee's recommendation for extraordinary benefits shall not affect the faculty member's eligibility to receive other benefits under this Article.
10.3.4.3 No faculty member may receive extraordinary benefits from the Voluntary Sick Leave Bank more than one time in his/her lifetime.
10.3.5 Effect of Receiving Benefits – Benefit recipients shall be solely responsible for any state and federal taxes on the donated time. Such taxes shall be withheld at the normal rate for the recipient employee. In the event that the state or federal governments rule that a tax liability is due other than as taxed, the recipient shall be solely liable for such liabilities.
10.4 Procedures
10.4.1 Applications – Applications for benefits shall be submitted in a sealed envelope to the Director of Human Resources. A copy of such applications, excluding the identities of the applicants, shall be referred to a Voluntary Sick Leave Bank Committee of two (2) District and two (2) Union
representatives. This Committee shall administer the Voluntary Sick Leave Bank, and its decisions regarding the administration of the Bank shall be by majority vote. This Committee shall also make recommendations, by majority vote, of the number of sick leave days/hours to be made available to persons who apply for them. In the event of a deadlock, the Committee shall jointly select a person to cast the deciding vote. The Committee Chairperson will prepare an annual report which will include the following: (1) the number of hours and days in the bank; (2) the number of applications for benefits; (3) the number of applications approved; (4) the number of days/hours granted; and (5) the date of the last call for contributions. The Board's special committee, at its sole discretion, may accept or reject such recommendations of the Voluntary Sick Leave Bank Committee.10.4.2 Physician Certification – Applicants for benefits must submit a physician's certification that a catastrophic or life threatening injury or illness exists. (See definitions in Sections 10.2.3.1 and 10.2.3.2, above.) At its discretion and expense, the District may require that applicants submit to examination by a second physician for confirmation.
10.4.3 The decision of the Voluntary Sick Leave Bank Committee and of the Board's special committee shall not be subject to the grievance and arbitration provisions of this agreement.
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1. A unit member who is absent from duties because of disability caused by
or contributed to by pregnancy, miscarriage, childbirth and recovery therefrom
shall have the right to utilize sick leave, unpaid leave or provisions of 17.C.4
above. To utilize these leave provisions after the delivery date, the employee
shall be required, within six (6) weeks post delivery to provide a physician's
statement as to the expected length of disability/ability to return to work.
Should circumstances cause a re-evaluation of the expected length of disability/ability
to return to work an additional statement from the physician shall be required.
These provisions are not intended to be used as child care leave. Child care
leave is an unpaid leave which shall commence on the date certified by the
employee's physician that she is able to return to work (See Article 17.Q,
Family Medical Leave).
2. Effective Fall semester, 2004, when a unit member is absent from duties
because of disability caused by or contributed to by pregnancy, miscarriage,
childbirth, or recovery therefrom, her accumulated sick leave, if any, shall
not be charged in connection with the absence for a maximum period of up
to six weeks, provided all other requirements of Section D.1 are met.
E. Industrial Accident and Illness Leave – For accident or illness which is job-incurred, members shall be provided leave benefits under the following provisions:
1. Allowable leave shall be sixty (60) days during which the schools of the District are required to be in session or when the member would otherwise have been performing work for the District in any one (1) fiscal year for the same accident.
2. Allowable leave shall not be accumulated from year to year.
3. Industrial accident or illness leave shall commence on the first (1st) day of absence.
4. When a unit member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 (commencing with Section 3201) or Division 4.5 (commencing with Section 6100) of the Labor Code, will result in a payment to him/her of not more than his/her full salary. The phrase "full salary" as utilized in this section shall be computed so that it shall not be less than the member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
5. 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.
6. When an industrial accident or illness leave overlaps into the next fiscal year, the member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
7. Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87781 and 87786, and for the purposes of each of these sections, his/her absence shall be deemed to have commenced on the date of termination of that industrial accident or illness leave, provided that if the member 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 him/her of not more than his/her full salary.
8. During any paid leave of absence, the District will issue the employee appropriate salary warrants for payment of the salary including, where appropriate, temporary disability indemnity, and will deduct normal retirement and other authorized contributions; all without the necessity of preparing and issuing a temporary disability indemnity check to the employee who then endorses it to the District.
9. Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Board of Trustees authorizes travel outside the state.
10. Re-employment (Following Leave Exhaustion)
10.1 When a permanent employee has been on an extended leave due to industrial accident or illness, and, all leaves are exhausted, paid or unpaid, he/she will be placed on a reemployment list for a period of thirty-nine (39) months. If at any time, during the thirty-nine (39) months, the employee is able to assume the duties of his/her position, he/she will be reemployed in the first (1st) vacancy in the classification of his/her previous assignment. Upon resumption of his/her duties, the break in service will be disregarded and he/she will be fully restored as a permanent employee.
F. Professional Growth Leave – Professional Growth Leave may be granted by the Chancellor or his/her designee to any faculty member, with or without pay, travel, expenses or fees, where such leave is determined as beneficial to the District.
G. Personal Emergency/Necessity Leave
1. An academic employee shall be granted up to a maximum six (6) days leave of absence in any school year, at his/her election, in cases of personal emergency/necessity, where such leaves can be deducted from the employee's accumulated sick leave.
1.1 Prior notice or management approval is not required for Personal Emergencies of serious illness or death of a member of his/her immediate family or an accident involving his/her person or property, or the person or property of a member of his/her immediate family.
1.2 Personal business of a compelling nature, religious holidays and appearances in court as a litigant require prior management approval.
1.3 Where such leave can be deducted from the employee's accumulated sick leave and such use does not exceed the six (6) day maximum, personal/emergency necessity leave may be used to a maximum of three (3) days in any one occurrence, upon prior notice to management, where there is a death of a person with whom the employee has had a significant relationship of long standing and such person is not a member of the immediate family as defined in this section.
1.4 Personal Necessity Leave – District agrees to provide a notice with Personal Necessity Leave forms informing employees that they may submit forms directly to the appropriate administrator in a sealed envelope in order to assure confidentiality. Such forms will be viewed only by the persons required for approval, and shall be placed in the appropriate files.
2. "Immediate family" will be interpreted to mean the mother, father, daughter, son, sister, brother, grandmother, grandfather, or a grandchild of the employee or of the spouse or domestic partner of the employee, and the spouse, domestic partner, son-in-law, daughter-in-law, of the employee, or any person living in the immediate household of the employee.
3. An employee utilizing Personal/Emergency Necessity Leave under the provisions of this section shall fill out and sign the appropriate mutually agreed upon form provided by the District.
4. The number of continuous days of personal emergency leave allowable shall be in accordance with the following:
No. of Days/Week of Assignment No. of Continuous Days of
Personal Emergency Leave5 6 4 5 3 4 2 3 1 2
1. Employees shall be granted, without loss of salary, sick leave or other benefits, leave of absence not to exceed three (3) days, or five (5) days if out-of-state travel is required, per occurrence on account of death of any member of the employee's immediate family in accordance with the following table.
1.1 The number of continuous days of bereavement leave allowable shall be in accordance with the following:
No. of Days/Week
of AssignmentTotal No. of Days of Paid
Bereavement Leave to be
Taken ContinuouslyIn-State 5 3 5 4 3 4 3 3 3 2 2 2 1 1 1
2. "Member of the immediate family," as used in this section, means the mother, father, daughter, son, sister, brother, grandmother, grandfather, or grandchild of the employee or of the employee's spouse or domestic partner, and the spouse, domestic partner, son-in-law, daughter-in-law, or any person living in the immediate household of the employee.
1. When regularly called for jury duty or as a witness in the manner provided by law, members shall be granted, upon request, a leave of absence without loss of pay for each day the employee is required to perform jury duty, make an appearance at court, or serve as a witness during the employee's regularly assigned working hours. (See Article 17.G.1.2, above.)
1.1 "On-Call" Status – In jurisdictions where employees are placed in "on call" (as opposed to "courtroom") status by the jury commissioner, such employees shall perform all regular assignments unless unable to report for duty because of the court "on call" requirements; that is, employees are required to return to work during any day, evening or weekend assignment in which jury duty/witness services are not required.
1.1.1 In cases where a member cannot complete a full day's assignment because he/she has been ordered to report to "courtroom status," said employee shall immediately notify the appropriate Department Chairperson or Administrator of his/her change from "on call" status.
1.2 Employees who are in "courtroom status" during a day shall, upon request, be excused, with pay, from an evening assignment which is part of their regular assigned workload. Effective fall semester 2006, the District will compensate for a regularly scheduled overload extra pay) assignment of the member, but will not compensate for a block overload assignment.
2. Forms Required
2.1 Request for jury duty/witness leave should be made by presenting as soon as possible the official summons, or subpoena as a witness, to the member's immediate supervisor or District designee, who shall supply the member with the appropriate form.
2.2 Request for Compensation for Jury Duty/Witness Leave – District requires verification from the court for such leave prior to providing leave compensation. Each member shall submit to Payroll a completed Jury Duty/Witness Leave Request for Compensation form after having served.
3. The faculty member shall reimburse to the District any moneys earned as a juror or witness, except for transportation and meal allowance.
4. A member regularly called for jury duty or as a witness shall not be encouraged in any way to seek exemption from such duty, nor shall he/she be discriminated against in any way for not seeking such exemption.
J. Military Service Leave – Members shall be granted military leave in accordance with the provisions of the State of California Education Code and of the Military and Veterans Code and policies and regulations adopted by the Board of Trustees.
1. Any Regular employee elected to the State Legislature shall be granted a leave of absence without pay for the duration of his/her elected term of office, if requested by the employee.
2. The employee must resume his/her full duties within six (6) months after his/her term of office expires.
3. Compensation for part-time services by an employee on legislative leave shall be on a pro rata basis of the employee's full-time salary.
4. Unless otherwise agreed to, an employee, upon completion of his/her term of office, shall be reinstated to a comparable position to the one he/she held prior to his/her election.
5. A person employed to take the place of an employee who has been granted a legislative leave shall not have any right to such position following the return of such employee to the position.
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L. Post Retirement Consultancy Contracts – This
is an incentive plan whereby the employee retires before age sixty-five (65)
but after age fifty-five
(55) and is eligible for retirement benefits and is contracted to perform professional
services for up to five (5) years or until the retiree is sixty-five (65)--whichever
comes first.
The duration of the contract shall be one year unless the District and employee
mutually agree, prior to early retirement, to a longer time period.
1. Age Requirement – The employee must have reached the age of fifty-five (55) before participation.
2. Initiation of Request – Although the employee shall initiate the request, post-retirement employment contractual arrangements are made by mutual consent of the employee and the District before retirement according to the provisions of this Article. At the option of the employee, the contract can be revoked.
3. Other Requirements – The employee must have been employed as a Schedule I or II employee working at his/her full load (75% of the days or 75% of his/her full load) in the San Francisco Community College District for at least ten (10) years.
4. Workload
4.1 Over the period of the plan, the employee's work assignment shall not exceed that which bears the same relationship to a regular employee's workload having comparable duties as the allowable STRS maximum bears to the early retiree's place on the salary schedule.
4.2 Formula for Computation
4.2.1 In the Noncredit Program the annual workload (in days) shall be the current STRS maximum x 175 (days) divided by the retiree's final scheduled annual salary rounded off to the nearest whole number.
4.2.2 In the Credit Program the annual workload (in units) shall be the current STRS maximum x 30 (units) divided by the retiree's final scheduled annual salary, rounded off to the nearest whole number.
4.3 Duties may include any activities agreed upon between the early retiree and District other than day-to-day substitution.
4.4 Employees who perform teaching services under this plan shall be given the same consideration as regular employees in regard to class assignments, scheduling and class size.
4.5 Salary – The employee shall receive the maximum compensation allowable to those concurrently receiving retirement benefits. The employee may arrange with the District the manner in which this payment is made.
4.6 Fringe Benefits – Employees who retire with ten (10) or more years of service to the District and acting as consultants under this plan shall continue to receive District-paid contributions for employee and dependent family member coverage in the health and dental plans, subject to the rules and regulations of the contracts with the health and dental plan organizations and this contract. A "retired" employee shall be defined as one who has retired for service or disability and who is eligible for or is receiving a retirement allowance from the State Teachers’ Retirement System or San Francisco City and County Employees’ Retirement System.4.7 Notification Dates
4.7.1 An employee shall apply within ten (10) working days following the beginning of the semester for the following semester.
4.7.2 If the District and employee mutually agree as to the duties and term of the retirement contract, such terms shall be reduced to writing within 20 working days of application unless the parties agree to extend that time.
M. Reduced Workloads – Pre-Retirement Reduction of Academic Employees
Annual Workload – State law allows pre-retirement reduction of academic employee workload in accordance with Education Code Section 87483 and 22713. These provisions are to remain effective only if legislation continues to permit such reductions under the same terms and conditions.
1. Age Requirement – The employee must be fifty-five (55) or above to be eligible for a reduction in workload according to this provision.
2. Initiation of Request – The option of reduced-load employment shall be made by the employee, and can be revoked only with the mutual consent of the District and employee.
When specifying the length of time for a reduced pre-retirement workload, the employee is urged to consider the impact on District programs created by a request for a long-term reduced schedule, including staffing needs and the availability of part-time or full-time substitutes in the faculty member's area of specialization.
3. Other Requirements – The employee must have been employed full-time
in the San Francisco Community College District in a position requiring certification
for at least ten (10) years, of which the immediately preceding five (5) years
were full-time employment. "Full-time" in this subsection shall be
defined in accordance with STRS requirements.
4. Workload – The minimum workload for reduced-load employment shall
be the equivalent of one-half (½) of the annual full-time workload
as defined elsewhere in this Agreement. Employees who teach under this plan
shall be given the same consideration as regular employees in regard to class
assignments, scheduling and class sizes. Employees who work one-half (½)
of a full-time workload may be able to fulfill their annual assignment by
working full-time for one (1) regular semester.
Pre-retirement reduction in workload is limited to a period of ten (10) years. Retirement can be taken at the end of each work-year, but retirement shall be mandatory at the conclusion of the ten-year pre-retirement program period.
5. Salary and Fringe Benefits – The employee shall be paid a salary which is the pro rata share of the salary which the employee would have earned had he or she not elected to exercise the option of reduced workload. The employee shall retain all other rights and benefits enjoyed by full-time members of the unit.
6. Retirement System – The employee shall receive retirement credit as if he/she were employed on a full-time basis. The employee contributions will be the same as if the member were employed on a full-time basis, the District contributions will be as required by law.
7. Notification Dates
7.1 An employee shall apply within ten (10) working days following the beginning of the semester for the following semester.
7.2 If the District and employee mutually agree as to the duties and terms of the retirement contract, such terms shall be reduced to writing within 20 working days of application unless the parties agree to extend that time.
8. The Chancellor or designee shall notify the employee within 20 working days of the receipt of the request for reduced workload as to whether or not a recommendation for approval of the leave requested shall be forwarded to the Board of Trustees. Notification of approval or denial shall be provided immediately upon determination by the Board.
1. General Information – All applications for sabbatical leave will be submitted on a form provided by the District and will include a full statement of the purpose and plans for use of such leave. This full statement becomes a major part of the employee's sabbatical contract with the District.
All sabbatical leave applications shall be submitted one academic year in advance only. The completed sabbatical leave application shall be submitted to the Human Resources Department no earlier than the first day of the applicable Fall semester and no later than the deadline in the schedule that follows in Section 17.N.4, below, for all sabbatical leaves.
2. Basic Eligibility – At the time of application, a regular faculty member must have completed at least twelve (12) credited semesters of servicerequiring certification qualifications or the equivalent, all of which shall have been Schedule I or II service in the San Francisco Community College District.
General – Unpaid leaves are not counted as service for sabbatical leave basic eligibility; however, credited semesters are not required to be consecutive semesters.
2.1 A semester of service shall be credited to full-time employees upon completion of service of at least seventy-five percent (75%) of the regular full load within their discipline for an entire semester.
2.2 Temporary part-time service is not credited for eligibility.
2.3 Long-term substitute service is not credited for eligibility except that service as a full-time long-term substitute for the complete academic year immediately preceding a full-time contract (probationary) appointment shall be credited as one (1) year.
2.4 Grant or categorical service is not to be credited for eligibility except that service as a full-time grant/categorical employee for the complete academic year immediately preceding a full-time contract (probationary) appointment shall be credited as one (1) year.
2.5 Service as a temporary, part-time employee working the equivalent of a full-time load (20-30 hours per week) shall be credited for that amount of continuous uninterrupted service with the District, as reflected on District records beginning with the 1973-74 academic year to the date of First or Second Year Contract, probationary full-time appointment.
2.6 Notwithstanding any such crediting of semesters to long-term substitute or to grant/categorical service, no probationary employee shall be eligible for, or be granted, a sabbatical leave prior to completion of his/her probationary status.
2.7 Service intervening between two semesters of a split one-year sabbatical shall be counted toward future sabbatical leave eligibility.
3. Selection in the Event Applicants Exceed Available Leaves
3.1 If a sufficient number of eligible faculty members apply, sabbatical leaves shall be granted by credit or noncredit mode of instruction so that four percent (4%) of the total full-time faculty in each credit or noncredit mode of instruction will be on leave each semester; however, in each credit or noncredit mode of instruction at least three-fourths (¾) of such four percent (4%) granted and on leave must be for one (1) year sabbaticals.
3.2 In the event more eligible faculty apply than leaves available, leave shall be granted, determined in the following order:
3.2.1 Greatest number of consecutive service semesters of Schedule I or Schedule II employment since date of hire or date of last sabbatical leave, whichever is later; if equal,
3.2.2 Least number of sabbaticals taken previously; if equal,
3.2.3 Earliest hire date in a probationary status; if equal,
3.2.4 Earliest continuous temporary, part-time service hire date within the District; if equal,
3.2.5 By lottery.
4. Sabbatical Applications, Deadlines and Process:
| Apply This Semester:(By Deadline Date Indicated) | For Sabbatical BeginningThis Semester: | Notification by District |
| Fall, 20059/6/05 | F 2006 | 10/07/05 |
| Fall, 20059/6/05 | S 2007 | 10/07/05 |
| Fall, 20069/7/06 | F 2007 | 10/12/06 |
| Fall, 20069/7/06 | S 2008 | 10/12/06 |
| Fall, 20079/6/07 | F 2008 | 10/11/07 |
| Fall, 20079/6/07 | S 2009 | 10/11/07 |
4.1 The District shall notify those faculty who have applied for sabbatical whether or not their sabbaticals will be granted. Notification dates are in 17.N.4.
a. Sabbatical leave may be granted for no more than one (1) year (two [2] semesters). A faculty member may elect to split his/her one (1) year (two [2] semester) sabbatical leave into two (2) non-consecutive semesters within a three (3) year period.
b. A member on a one (1) semester sabbatical leave shall receive one hundred percent (100%) of full salary for such semester.
c. A member on a one (1) year sabbatical, or on a one (1) year split-semester sabbatical shall receive sixty percent (60%) of full salary for such period(s).
d. A split sabbatical, at 60% salary while on sabbatical status: Applicants must indicate on the initial application for the first half of a split, the semester in which the second half of a split will be taken. Where applicant does not indicate a preference, the following applies: Applications for the second half of a split sabbatical must be submitted during the Fall application period immediately following return from the first half of a split, or no later than the Fall application period an academic year in advance of the second half of the split.
e. Notwithstanding any other provision of this Agreement, District may delay for an additional semester a sabbatical leave to faculty members otherwise eligible where granting of such leave is deemed detrimental to the educational programs and needs of the District.
(i) Such reason(s) shall be in writing from the Chancellor.
(ii) AFT 2121 shall be immediately notified of such decision(s).
(iii) AFT 2121 shall investigate and, upon request, shall meet with the appropriate Chancellor/designee to discuss the justification for the deferral and possible alternatives.
f. An applicant may apply for Fall semester only, Spring semester only, or one or the other. Once a sabbatical leave is granted for a given semester, no switching of semesters may occur.
g. An applicant may apply for a one-year or split sabbatical leave to begin in the next succeeding Fall semester or to begin in the next succeeding Spring semester thereafter, or either Fall or Spring. Once a sabbatical leave is granted, no switching of the beginning semester may occur.h. Once awarded, a faculty member is committed to a sabbatical leave contract. A request for rescission will be considered by administration. Where the District agrees that a faculty member may withdraw, and where another faculty member is not available to fill the leave, that leave is added to the leaves of the next academic year. However, in no event can more than a total of two (2) additional leaves be carried over.
5. Application Rejected
If a sabbatical leave application is rejected, the faculty member may, within ten (10) working days of receipt of notice of rejection, file an appeal of such rejection to the Chancellor. The Chancellor may hear the appeal, or may appoint one or more persons to an advisory panel to hear the appeal and recommend a decision to the Chancellor. The Chancellor shall review any such advisory opinion prior to making a final decision. Such decision shall be final and binding on all parties.
6. Approved Activities for Sabbatical Leaves
6.1 Sabbatical Leave for Study
6.1.1 During a sabbatical, an academic employee shall complete at least nine accredited semester units, or their equivalent, of courses approved in advance per semester, and the employee shall be credited for one complete semester or year of service for salary increment purposes.
6.1.2 Transcripts or other evidence of completion shall be submitted to the Human Resources Department within sixty (60) days of the academic employee's return to duty, except that if credit is to be claimed for salary classification or for increments, transcripts must be received by the District’s Human Resources office by November 30 to affect salary placement for that current academic year (Article 20.D.5).
6.1.3 A special project or research problem may be substituted for the unit requirement if it is approved in advance by the Chancellor or his/her designee.
6.2 Sabbatical Leave for Travel
6.2.1 Academic employees on sabbatical leave shall remain in travel status at least 80% of their sabbatical term, and the employee shall be credited for one complete semester or year of service for salary increment purposes.
6.2.2 The application for leave shall include, in general terms, an itinerary of the proposed travel, together with a statement concerning the proposed objective.
6.3 Where accident, illness, or other extenuating, unforeseen circumstances prevent completion of an original sabbatical plan, the faculty member may request approval of a revised plan.
7. Employee Obligation on Return from Sabbatical
7.1 Within sixty (60) calendar days of the employee's return to duty, a detailed itinerary (where applicable) and written report describing and documenting the activities and accomplishments of the employee, how the program of study or travel agreed upon was carried out, and/or how the intent and purposes of the sabbatical were satisfied during the sabbatical leave, shall be submitted to the Human Resources Department where a receipt will be issued to the employee. The Chancellor or designee shall indicate acceptance or rejection within sixty (60) calendar days from date of receipt.
7.1.1 If the employee is taking a split semester sabbatical leave, an interim report is required detailing his/her itinerary (where applicable) and a written report describing and documenting the activities and accomplishments of the employee, how the program of study or travel agreed upon was carried out, and/or how the intent and purposes of the sabbatical leave were satisfied during the sabbatical leave.
Such report shall be submitted to the Human Resources Department where a receipt will be issued to the employee. The Chancellor or designee shall indicate acceptance or rejection within sixty (60) calendar days from date of receipt.
7.2 If the Chancellor or designee(s) finds the report submitted is unsatisfactory, or has not been submitted, he/she shall:
7.2.1 If unsatisfactory, notify the employee in writing, including reason(s) for rejection and require the employee to rewrite the report within twenty (20) working days. If the second report is still unsatisfactory, the employee shall be notified in writing with the reason(s) for rejection, and that pursuant to the pertinent provisions of the Education Code, the salary payment due the employee for his/her last four (4) weeks of service for the year will be withheld until a satisfactory report is submitted.
7.2.2 If not submitted, notify the employee in writing and inform the employee that pursuant to the pertinent provisions of the Education Code, the salary payment due the employee for his/her last four (4) weeks of service for the year will be withheld until a satisfactory report is submitted.
7.2.3 Notwithstanding 17.N.7.2.1 above, if a sabbatical leave report is rejected by the Chancellor or designee, the faculty member may, within ten (10) working days of receipt of notice of rejection, file an appeal of such rejection to the Chancellor. The Chancellor may hear the appeal, or may appoint one or more persons to an advisory panel to hear the appeal and recommend the Chancellor's response. The Chancellor shall review any such advisory opinion prior to making a final decision. Such decision shall be final and binding on all parties.
7.3 The Sabbatical Review Committee may, for good cause, recommend to the Chancellor an extension of time not to exceed one academic year for the purpose of completing the necessary requirements/report of the sabbatical. The decision of the Chancellor is final and binding.
7.4 The District reserves the right to print and distribute sabbatical reports.
8. Required Services Following Sabbatical Leave
8.1 An academic employee must serve two years of consecutive service at his/her full load after a one-year sabbatical leave, and one year of consecutive service at his/her full load after a one-semester sabbatical leave.
8.2 The District will consider exceptions to the post-sabbatical service requirement (consecutive and full-load requirement only) in Section 8.1, above, on a case-by-case basis. In making its determination, the District will consider the nature of the employee’s request and such factors as the impact on District programs, operation, and staffing and applicable provisions of this Agreement. Any requests for exceptions shall be made in writing to the Vice Chancellor of Academic Affairs or Vice Chancellor of Student Development and the Director of Human Resources. Absent extenuating circumstances, the request must be submitted within the first two weeks of the semester prior to the semester in which the faculty member will commence fulfillment of his/her required post-sabbatical service. The terms of any exception granted pursuant to this section shall be in writing.
9. In case the program of study or travel, as agreed upon in the sabbatical leave contract with the District, is interrupted by serious accident or illness during such leave, and the accident or illness is properly verified by a qualified physician, such interruption shall not constitute a violation of the contract or prejudice the employee against receiving the rights and benefits provided for under the terms of the sabbatical leave. However, this provision is based on the fact that such interruption does not extend over a period of time that would cause the purposes of the sabbatical leave to be abandoned. In the latter case, the sabbatical leave would be terminated and sick leave would be substituted. If a sabbatical is terminated due to illness or serious accident, the sabbatical leave salary shall also be terminated. In all cases of serious accident or illness of an academic staff member on sabbatical leave, the District shall be notified by registered letter after occurrence or medical diagnosis.
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1. The Board of Trustees of the San Francisco Community College District, subject to the rules and regulations prescribed by the Board of Governors, may enter into an agreement with the proper authorities of any foreign country, or of any state, territory or possession of the United States, or other district within the state, for the exchange and employment of its regularly credentialed employees and employees of public schools of any foreign country, state, territory or possession or other district within this state. Any academic person so employed shall be known as an "exchange academic employee."
2. An employee of the San Francisco Community College District may apply for such an exchange under an exchange leave.
3. Exchange leaves may be granted to employees upon approval of the Board of Trustees.
4. To be eligible for such a leave, an employee must be a regular employee for at least one full year and/or have served a minimum of two (2) years at his/her full load immediately prior to the period of the exchange leave.
5. The exchange leave is for one semester or one academic year only, unless extended for an additional year upon mutual agreement among the four parties; the educational institutions and the two exchanged employees.
6. The San Francisco Community College District shall pay its faculty member the usual and full salary for the period of assignment with the host institution.
7. The San Francisco Community College District shall continue to contribute to its employee's fringe benefits in the same manner as if the employee were not exchanged.
8. At the completion of the exchange and upon return to duty in the San Francisco Community College District, the employee must serve at least two (2) consecutive years at his/her full load before becoming eligible for another exchange leave.
9. The San Francisco Community College District shall not be obligated to pay any costs for transportation, living or personal expenses incurred as a result of the exchange.
P. Partial Load Leave – By mutual agreement between the employees and management, Contract and Regular employees may be granted a reduction from their full work load requirements. The employee shall receive pay on a pro rata basis as the load reduction bears to his/her full load salary schedule placement. Increments shall be given in accordance with Article 20.C of this contract (Advancement Annual Increment). Retirement credit, if any, shall be in accordance with the Retirement programs' respective provisions.
1. Eligibility – Faculty members who have been employed by the District for a total of at least fifty-two (52) weeks, whether or not those weeks were consecutive, and who were employed at more than a 60% load during the past year, shall be eligible for unpaid Family Medical Leave. Part-time employees are ineligible for leave under this Article. However, they may have certain reemployment preferences under Article 13-1.G, and (2) be eligible for District-paid medical and dental benefits pursuant to Article 21.B.1.4.
2. Events for Which Leave will be Granted – Family Medical Leave will be granted to eligible employees in the following circumstances:
2.1 For the birth of a child of the faculty member, and for the care of the newborn child of the faculty member;
2.2 For the placement of a child with the faculty member in connection with the adoption or foster care of the child by the faculty member;
2.3 For the care of a family member of the faculty member who has a serious health condition, including both physical and psychological care. For purposes of this Article, "family member" is defined as the child, parent, spouse or domestic partner of the faculty member; or
2.4 Due to the serious health condition of the faculty member which makes the faculty member unable to perform the essential functions of his or her position. A "serious health condition" of the faculty member includes any illness, injury impairment, or physical or mental condition that involves any of the following:
2.4.1 Any period of incapacity or treatment in connection with or in consequent to treatment in a hospital, hospice or residential medical care facility; or
2.4.2 Any period of incapacity requiring absence from work, school or regular daily activities of more than three (3) calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider; or
2.4.3 Continuing treatment by a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three (3) calendar days.
2.4.4 Severe illness for which the faculty member may not be receiving continuing active care or treatment from a physician, but is under continuing supervision of a health care provider (such as a severe stroke or the late stages of a terminal illness).
2.4.5 Conditions which, while not incapacitating at the moment, require visits to a health care provider (such as cancer treatments, physical therapy or prenatal care).
2.4.6 Routine physical examinations and voluntary or cosmetic treatments which are not medically necessary are not "serious medical conditions" unless inpatient hospital care is required.
3. Amount of Leave – Faculty members who are eligible for Family Medical Leave may take a maximum of twelve (12) weeks of leave in a twelve (12) month period. The twelve (12) month period shall be a rolling 12-month period running backward from the date the leave is first used. Faculty members may take leave in a single block, intermittently, or by a reduced leave schedule in accordance with the following:
3.1 "Intermittent leave" is defined as leave taken in separate blocks of time due to a single illness or injury, rather than for one continuous period of time.
3.2 "Reduced leave schedule" is defined as a leave schedule that reduces the faculty member's usual number of hours per workweek or workday.
3.3 Intermittent leave or reduced leave schedule may be taken for the serious health condition of the faculty member or to care for a family member where the patient's health care provider certifies that the serious health condition warrants this type of leave.3.3.1 Intermittent or reduced leave schedule may be taken for the birth, adoption or foster care of a child or care of a newborn, only by mutual agreement between the District and the faculty member. The District shall predicate its agreement to intermittent or reduced leaves on considerations dictated by student needs, the needs of the instructional program, and the needs of faculty requesting such leave. The faculty member shall make all reasonable efforts to structure his/her leave request to balance the need for leave for the birth, adoption or foster care of a child or care of a newborn with the needs of the instructional program.
3.4 If the faculty member requests intermittent leave or reduced schedule leave because of his or her serious health condition or to care for a family member with a serious health condition, the District may require the faculty member to transfer temporarily to an available alternate position for which the faculty member is qualified and which has equivalent pay and benefits and better accommodates the recurring periods of leave than the faculty member's regular position.
4. Effect on Other Leaves
4.1 A faculty member who takes Family Medical Leave for the birth of a child may also take pregnancy disability leave for any period up to four (4) months during which she is physically disabled due to the pregnancy or childbirth. The pregnancy disability leave is in addition to the maximum Family Medical Leave and may be taken in the manner described in Article 17.D.
4.2 A faculty member shall use accrued sick leave as part of any Family Medical Leave taken because of the faculty member's own serious health condition. Accrued sick leave may not be used for other types of Family Medical Leaves unless mutually agreed by the District and the faculty member.
5. Benefits
5.1 During the period a faculty member is on Family Medical Leave, the District will maintain the faculty member's coverage under all health plans to the same extent as if the faculty member were not on leave.
5.2 Faculty members on unpaid Family Medical Leave shall be entitled to participate in other benefit plans to the same extent as faculty members who take other types of unpaid leave.
5.3 The District shall cease providing benefits when the faculty member's Family Medical Leave is exhausted or whenever the faculty member informs the District that he or she does not intend to return from leave.
5.4 If a faculty member exhausts his or her Family Medical Leave and does not return to work, the faculty member must repay the benefit premiums paid by the District during the period of unpaid leave. In such circumstances the District may make a deduction from any sums due the faculty member, to cover the cost of the premiums, in accordance with State wage garnishment laws. The faculty member is not required to repay the premiums where the failure to return to leave is due to the following:
5.4.1 The continuation, recurrence, or onset of a serious health condition to the faculty member or a family member which would entitle the faculty member to Family Medical Leave, were his or her leave not exhausted. The faculty member must provide certification of the condition from the patient's health care provider within thirty (30) days; or
5.4.2 Other circumstances beyond the faculty member's control, such as the unexpected job transfer of a spouse or the serious health condition of a person other than a defined family member, who requires the faculty member's care. The faculty member shall provide verification of these circumstances within thirty (30) days.
5.4.3 A faculty member's desire to stay with a family member for whom care is no longer medically necessary, or a parent's desire to remain home with a newborn child are not "other circumstances beyond the faculty member's control."
5.5 Faculty members on Family Medical Leave remain "employees" of the District and the leave will not constitute a break in service.
6. Verification – Before a Family Medical Leave will be granted, the faculty member must provide written certification by a health care provider as follows:
6.1 If leave is requested due to the faculty member's serious health condition, the faculty member's health care provider must certify the date of commencement and probable duration of the condition and the faculty member's inability to perform essential job functions. The certification need not state the nature of the condition.
6.2 If leave is requested to care for a family member, the family member's health care provider must provide certification of the date of commencement and probable duration of the serious health condition and a statement that the serious health condition warrants the participation of a family member. The certification need not state the nature of the condition.
6.3 If the faculty member requests intermittent leave or reduced leave schedule for planned medical treatments, the certification must include the dates and duration of such treatments. Whenever such intermittent leave or reduced schedule leave is requested, the certification shall indicate that this type of leave is warranted and its expected duration. The certification need not state the nature of the condition.
6.4 If the leave is foreseeable, the faculty member must provide certification within a reasonable time after the District requests it. The leave may be denied if certification is not received within a reasonable time. When the leave is not foreseeable, the faculty member may begin the leave, but must provide certification within a reasonable time of request. A reasonable time will usually be within 15 days, unless there is an emergency which makes it impracticable to provide certification within that time.
6.5 The District may require recertification of the faculty member's serious health condition on a reasonable basis if additional leave is requested.
6.6 When a faculty member requests leave for his or her own serious health condition and the District has reason to doubt the validity of the certification, it may require, at its expense, that the faculty member obtain the opinion of a second health care provider designated or approved by the District, who is not regularly used or employed by the District. If the second opinion differs from the first, the District may require, at its expense, that the faculty member obtain the opinion of a third health care provider jointly selected by the District and the faculty member. The third opinion shall be final and binding.
6.7 If the faculty member substitutes paid sick leave for Family Medical Leave, verification requirements shall be consistent with paid sick leave under Article 17.C.
7. Notice by the Faculty Member – Faculty members shall provide the District with reasonable advance notice of the need to take a leave and its estimated duration. Leave shall not be denied for failure to give advance notice where it is required due to an emergency or otherwise unforeseeable situation.
7.1 If the faculty member becomes aware of the need for a leave more than thirty (30) calendar days in advance, the faculty member shall give reasonable written notice, which shall usually be thirty (30) days.
7.2 If the faculty member becomes aware of the need for a leave less than thirty (30) calendar days in advance, the faculty member shall give written notice within five (5) working days after becoming aware of the need for the leave, where that is possible.
7.3 If the leave is needed for a planned medical treatment or planned supervision of a family member with a serious health condition, the faculty member shall give reasonable advance notice of the leave and may be requested to meet with the District's designee to discuss scheduling to minimize disruption to District operations. Any such scheduling shall be subject to the approval of the health care provider.
8. Reinstatement – Upon return from Family Medical Leave, a faculty member will be reinstated to the position he or she held prior to the commencement of the leave or to an equivalent position, subject to the following:
8.1 If the leave was due to the faculty member's serious health condition which prevented him or her from performing the essential functions of the job, the faculty member may be required to provide verification of his or her ability to work pursuant to Article 17.C.7.
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OPEIU248:3AFL-CIO