Between CCFT & the Cabrillo Community College District
July 1, 2007 through June 30, 2010
- 10.1 General Provisions
- 10.1.1 All paid leaves granted pursuant to the provisions of this
Article shall be credited as service for step advancement on the salary
schedule,
and to the extent permitted by law, shall be credited toward retirement
in the same proportion as salary received.
- 10.1.2 The Board of Trustees may extend any leave granted pursuant
to this Article.
- 10.1.3 Upon return from a leave granted pursuant to this Article,
a bargaining unit member shall be assigned to an equivalent position
for which the unit
member is qualified. The District shall attempt to return the unit member
to the same assignment held at the beginning of the leave if that assignment
is available. Each unit member returning from leave may make other arrangements
with the District either prior to the leave or prior to returning from
the leave.
- 10.1.4 Leaves provided in this section apply to all contract and regular
unit members in proportion to the number of teaching units for which
they are employed. Adjunct members are entitled to the leaves provided
in Sections
10.3, 10.4, 10.5, 10.6, 10.8, 10.9, and 10.14 in proportion to the number
of teaching units for which they are employed, and to the leave in Section
10.2.2, at the rate defined in that section.
- 10.1.5 To the extent permitted by law, unit members on unpaid leaves
may continue to participate in District-mandated health and welfare benefits
(excluding State Teachers' Retirement System and income protection plans)
by arranging with the District to pre-pay appropriate premiums for such
health
and welfare benefits to the District.
- 10.2 Personal Illness and Injury Leave
- 10.2.1 Regular and Contract Employees
Full-time regular and contract unit members shall be entitled to ten
(10) days leave with full pay for each academic year of service for
purposes of personal illness or injury and/or in the event a member
of his/her immediate family (as defined in Section 10.4.2 herein),
suffers from a catastrophic illness or injury. Regular and contract
unit members who work less than full time shall be entitled to that
ratio of the ten (10) days leave as their instructional assignment
bears to a full-time assignment. The District and CCFT will work during
the summer of 2007 to revise Appendices A-D for the utilization of
leave.
- 10.2.1.1 Children's Center Teachers
Children's Center Teachers
shall be entitled to eleven (11) days leave with full pay for each
academic year of service for
purposes of personal
illness or injury and/or in the event a member of his/her immediate
family (as defined in Section 10.4.2 herein), suffers from a
catastrophic illness
or injury. Children's Center Teachers who work less than full
time shall be entitled to that ratio of the eleven (11) days
leave as their instructional
assignment bears to a full-time assignment.
- 10.2.2 Adjunct Employees
Adjunct unit members shall be entitled to leave with full pay for purposes
of personal injury or illness at the rate of one third (1/3) of a day
per unit taught by the unit member per semester. Leave for adjunct
unit members is deducted on a prorata basis, just as it is earned,
for time missed due to personal illness or injury and/or in the event
a member of his/her immediate family (as defined in Section 10.4.2
herein), suffers from a catastrophic illness or injury. The District
and CCFT will work during the summer of 2007 to revise Appendices A-D
for the utilization of leave.
- 10.2.2.1 The District shall allow adjuncts to use their accumulated
adjunct personal illness or injury leave without actually teaching
the class if all of the following conditions exist:
- 1. The adjunct
unit member must in fact be sick or ill and the District may
confirm this fact by having the unit member examined
by a physician of its choice and the leave will be granted
only if the District’s physician verified the illness.
- 2. The adjunct
unit member’s entitlement to such leave is
limited to one term.
- 3. The unit member must have reemployment preference
in the discipline for which leave is sought.
- 4. The adjunct faculty
member shall be a faculty member in good standing at the
college with satisfactory evaluations.
- 5. The adjunct faculty member shall
submit his/her request for leave in writing on a form satisfactory
to the District as
soon as he/she is aware of the fact that he/she will require
time
off.
- 6. The leave will be considered a work assignment. The
amount of leave granted per day will correspond to the assignment
that would
otherwise have been initiated and completed unless
the unit member and the appropriate administrator agree in
writing
to a smaller
load.
- 7. Donations for catastrophic leave, Article 10.14,
are not permitted in this provision, Article 10.2.2.1.
- 10.2.3 Extended Illness and Injury Leave
Additional non-accumulated
extended illness leave shall be available, provided that the provisions
of Section 10.2.5 below are met. The total
amount of extended leave shall not exceed five (5) months and ten (10)
work days,
when counting together all accumulated sick leave and extended illness
leave. The amount deducted for extended leave purposes from the unit
member's salary
shall be the amount actually paid a substitute employee employed to fill
the position during the leave, or if no substitute is employed, the amount
which would have been paid to a substitute.
- 10.2.4 Accumulation of Leave
If a unit member does not utilize the full
amount of leave as authorized in Section 10.2.1 and 10.2.2 above in any
academic year, the amount not
utilized shall be accumulated from year to year.
- 10.2.5 Verification of Illness or Injury
Upon request by District management,
after six consecutive days of absence or upon evidence giving rise to
a reasonable belief of abuse
of sick leave,
a unit member shall be required to present a certificate signed by an
appropriate certified medical authority verifying the illness or injury
of the unit member
and/or his/her immediate family member.
- 10.2.6 Notification of Absence
To permit the District time to secure substitute service, a unit member
shall notify the District of an absence as soon as practicable prior
to the start of the unit member's assignment. The absent unit member
shall first attempt to notify the appropriate administrator. If the
unit member is unable to contact the administrator or Division office,
the unit member shall telephone the District's absence notification
central number and leave a message regarding the unit member's absence.
Because the absence notification line is only monitored during regular
office hours, a unit member notifying the District of an absence after
5 p.m. for a class that evening should call the Evening Administrator.
The unit member shall furnish directions for a substitute.
- 10.2.7 Deduction from Leave
A unit member who misses any scheduled duties
due to personal and/or immediate family member illness or injury shall
have leave deducted from
his/her accumulated
leave in increments according to Appendix A or B, where eight (8) hours
deducted leave is equivalent to one day.
- 10.2.8 Notification of Return
A unit member shall make a reasonable
attempt to notify the manager or designee of the unit member's intent
to return or not to return the
following
day, prior to the end of the college business day.
- 10.2.9 Completion of Absence Forms
Each unit member shall complete the District absence form (Appendix C
or D) and submit it to the appropriate administrator or designee upon
return from an absence for illness or personal injury under Section
10.2. Whenever possible, unit members taking personal necessity leave
under Section 10.3, or bereavement leave under Section 10.4, shall
complete the absence form prior to the absence.
- 10.2.10 The District shall provide each member of the bargaining unit
an Annual Statement of Accrued Sick Leave as of the end of an academic
year on or before the first day of the next academic year.
- 10.3 Personal Necessity Leave
- 10.3.1 Leave which is credited under Sections 10.2.1 and 10.2.2 of
this Article may be used at the unit member's election, for the purposes
of personal
necessity, provided that use of such personal necessity leave does not
exceed six (6) days in any academic year.
- 10.3.2 For purposes of this provision, personal necessity shall be
limited to:
- (a) Death or serious illness of a member the unit member's immediate
family, as defined in Section 10.4.2 herein;
- (b) An accident which is unforeseen involving the unit member's
person or property, or the person or property of a unit member's
immediate family;
- (c) Illness or accident to the unit member's immediate family;
and
- (d) Appointments for the purpose of conducting personal legal
affairs or personal financial transactions that cannot be conducted
outside of
working hours;
- (e) The birth or adoption of a child; or
- (f) Other personal necessities which are approved by the Dean
or appropriate administrator, provided that under no circumstances
shall
leave be available
for purposes of extending a holiday or vacation period or a recreational
or social activity.
- 10.3.3 Except in cases of emergency, before the utilization of personal
necessity leave, a unit member shall obtain prior written approval from
the appropriate supervisor, except in cases (a), (b) or (c) in Section
10.3.2.
Should the circumstances outlined in (a), (b) or (c) arise, the unit
member shall make every effort to comply with District procedures to
enable the
District to secure substitute service.
- 10.3.4 Deduction from Leave
A unit member who misses any scheduled duties
due to personal necessity shall have leave deducted from his/her accumulated
leave in increments
according to Appendix A or B, where eight (8) hours deducted leave is
equivalent to
one day.
- 10.3.5 Completion of Absence Forms
Each unit member shall complete the
District Absence Form (Appendix C or D) and submit it to the appropriate
supervisor or designee upon
return
from an absence for personal necessity under Section 10.3.
- 10.4 Bereavement Leave
- 10.4.1 At the request of the employee, s/he will be granted up to
five (5) days leave with full pay (according to Appendices A & B) with
no deduction from sick leave in the event of the death of any member
of the employee's
immediate family. Additional sick leave may be granted at the discretion
of the appropriate administrator.
- 10.4.2 For purposes of this provision, an immediate family member
shall be limited to mother, father, grandmother, grandfather, or a grandchild
of
the employee or of the spouse or principal domestic partner of the employee,
and the spouse or principal domestic partner, son, son-in-law, daughter,
daughter-in-law, brother or sister of the employee, any relative living
in the immediate household of the employee, or any person having a similar
close
relationship with the employee which the appropriate administrator may
accept as qualifying for bereavement leave.
- 10.4.3 Additional leave with full compensation may be granted by the
District in case of demonstrated need.
- 10.5 Individual Responsibility Leave
- 10.5.1 The District shall grant up to two (2) days Individual Responsibility
Leave, without loss of salary or deduction from sick leave for the observance
of major religious holidays of the unit member's faith or family responsibilities
that cannot be scheduled outside working hours (including the birth or
adoption of a child).
- 10.5.2 Deduction from Leave
A unit member who misses any scheduled duties
due to Individual Responsibility Leave shall have leave deducted according
to Appendix A or B, where eight
(8) hours deducted leave is equivalent to one day.
- 10.5.3 Accumulation of Individual Responsibility Leave
Individual Responsibility
Leave shall not accumulate from year to year.
- 10.5.4 Before the utilization of Individual Responsibility Leave,
except in cases of emergency, a unit member shall obtain prior written
approval
from the appropriate supervisor. The unit member shall make every effort
to comply with District procedures to enable the District to secure substitute
service.
- 10.6 Leave for Pregnancy Disability
- 10.6.1 Unit members are entitled to use sick leave as set forth in
Sections 10.2.1, 10.2.2, and 10.2.3 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. 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.
- 10.6.2 Unit members are entitled to leave without pay or other benefits
for disabilities because of pregnancy, miscarriage, childbirth, or recovery
therefrom when sick leave as set forth in Sections 10.2.1, 10.2.2 and
10.2.3 has been exhausted. The date on which the unit member shall resume
duties
shall be determined by the unit member on leave and the unit member's
physician.
- 10.7 Leave Without Pay for Child Bearing Preparation and Child Rearing
- 10.7.1 Upon request by the unit member and approval of the Governing
Board, leave without pay or other benefits shall be granted to a unit
member for
preparation for child bearing and for child rearing. Use of child bearing
preparation leave shall not preclude subsequent use of pregnancy disability
leave.
- 10.7.2 The unit member shall request such leave as soon as practicable,
but no less than sixty (60) calendar days prior to the date on which
the leave is to begin, except in cases of emergencies. Such request shall
be
in writing and shall include a statement as to the dates the unit member
wishes to begin and end the leave without pay.
- 10.7.3 The determination as to the date on which the leave shall begin
and the duration of such leave shall be made in consultation with the
Superintendent/President or designee, taking into consideration the scheduling
and replacement problems
of the District and the needs and interests of the unit member.
- 10.7.4 The duration of such leave shall consist of no more than twelve
(12) consecutive months. An extension of leave may be granted, not to
exceed an additional twelve (12) months.
- 10.7.5 The unit member is not entitled to the use of any accrued sick
leave or other paid leave while such employee is on child bearing leave
or leave for child rearing, unless the illness or disability is related
to a
pregnancy, miscarriage, childbirth, or recovery therefrom.
- 10.7.6 If a unit member is on leave for child bearing preparation
or child rearing and in the event of a miscarriage or death of a child
subsequent
to childbirth, the unit member may request an immediate assignment to
a unit position. If there is a vacancy for which a unit member is qualified,
the
District shall assign the unit member to a position as soon as practicable.
- 10.8 Industrial Accident Leave
- 10.8.1 Unit members will be entitled to industrial accident leave
according to the provisions in Education Code Section 87787 for personal
injury or
illness which has qualified for workers' compensation under the provisions
of the State Workers' Compensation Insurance Program.
- 10.8.2 In any one fiscal year, allowable leave shall be for not less
than sixty (60) days during which the College is required to be in session
or when the employee would otherwise have been performing work for the
District.
- 10.8.3 Pursuant to the statutory provisions of the state workers'
compensation system, the District has the right to have the unit member
examined by a
physician designated by the District at the District's expense, to assist
in determining the length of time the unit member will be temporarily
unable to perform assigned duties, and the degree to which a disability
is attributable
to the injury involved.
- 10.8.4 When an industrial accident or illness leave overlaps into
the next fiscal year, the unit member shall be entitled to only the amount
of
unused leave due him or her for the same illness or injury.
- 10.8.5 Allowable leave shall not accumulate from year to year.
- 10.8.6 Industrial accident or illness leave shall commence on the
first day of absence.
- 10.8.7 For any days of absence from duty as a result of the same industrial
accident, the unit member will receive a check from the appropriate insurance
fund which would make the total compensation from both insurance and
District sources equal 100% of the amount the unit member would have
received as salary
had there been no industrial illness or accident.
- 10.9 Judicial Leave
- 10.9.1 A unit member shall be provided leave for regularly called
jury duty and to appear as a witness in court, other than as a litigant,
for reasons
not brought about through the connivance or misconduct of the unit member.
The unit member shall submit a written notification to the appropriate
supervisor as soon as the unit member is aware of a request for appearance.
- 10.9.2 The unit member, while serving on jury duty, will receive pay
in the amount of the difference between the unit member's regular earnings
and
any amount received for jury service, exclusive of any mileage reimbursement.
- 10.9.3 Paid judicial leave shall not be provided for unit members
who serve as paid expert witnesses.
- 10.10 Exchange Teaching Leave
- 10.10.1 An exchange leave is a leave granted to permit an employee
to serve as an exchange professional in any foreign country or in any
state,
territory, or possession of the United States.
- 10.10.2 Exchange leaves of absence may be granted by the Board of
Trustees to unit members who meet the following requirements:
- (a) The unit member must have regular status in the District on
the effective date of the leave; and
- (b) An exchange agreement must be signed by the employees and
the districts concerned.
- 10.10.3 The exchange is for one (1) year, unless extended for one
(1) additional year by consent of the Governing Board and the unit member.
- 10.10.4 During the exchange leave, the unit member will be paid by
the District at the unit member's regular rate of pay, and the other
instructor
will be paid by their educational institution.
- 10.10.5 At the completion of any exchange, the unit member shall return
to duty in the District and shall serve full time for at least two (2)
consecutive years before being eligible for another exchange assignment.
- 10.10.6 Credit for service on exchange leave counts toward advancement
on the salary schedule as if such service were given in the District,
provided that the unit member served the same number of days in the exchange
position
as would have been required to be served at the District.
- 10.10.7 Service on an exchange leave grants credit toward retirement.
If retirement contributions are not deducted from compensation, the unit
member must personally arrange for payment of required contributions.
- 10.10.8 If the unit member wishes to request an extension of the exchange
leave, such request shall be made not later than two (2) months prior
to the expiration of the leave.
- 10.11 Military Leave
- 10.11.1 Military leave shall be provided in accordance with statutory
provisions.
- 10.12 Family and Medical Leave Policy
- 10.12.1 The District shall grant family care leaves in accordance
with State and Federal laws and regulations (see Appendix X). Family
care leave
for the principal domestic partner is provided according to the conditions
of coverage as established by the Santa Cruz County Schools Health Insurance
Group.
- 10.13 Other Leaves Without Pay
- 10.13.1 Upon recommendation of the Superintendent/President and approval
by the Board of Trustees, leave without compensation, salary increment,
tenure and professional development (sabbatical) leave credit may be
granted to
contract and regular unit members for a period of up to one (1) year.
Upon approval of the District, such leave may be extended one (1) year.
Unpaid
leaves may include but are not limited to the following: (a) government
or legislative service; (b) recuperation and rest; (c) travel, study,
professional
or education pursuits; (d) work experience; and (e) any other reason
deemed sufficiently important by the District.
- 10.13.2 The application for and granting of such leaves of absence
shall be in writing. In addition, a unit member on such leave shall notify
the
District Personnel Office by the ninth (9th) week of the final semester
of the leave as to an intent to return to the employment of the District.
- 10.13.3 Approved leaves of a semester or less shall not constitute
a break in service for the purpose of salary schedule advancement.
- 10.13.4 Partial Unpaid Leave of Absence
- 10.13.4.1 Regular unit members may take a partial unpaid leave
by accepting less than a full-time assignment. In such leaves regular
unit
members shall
continue to fulfill the appropriate pro rata share of regular full-time
duties. Written request for such leave shall be submitted to the
Superintendent/ President three (3) months in advance. With the mutual
consent of the
District
and the bargaining unit member, this time line may be waived. Partial
unpaid leaves may be extended with District approval.
- 10.13.4.2 Partial Unpaid Leaves of One Year or Less
A unit member
on a partial unpaid leave of one (1) year or less may return to a
full-time assignment at the beginning of a semester,
provided
that the
District is notified prior to the preparation of the schedule for
that semester, in no event less than three (3) months before the
semester
begins.
- 10.13.4.3 Partial Unpaid Leaves Exceeding One Year
A unit member
who desires a partial leave for longer than one (1) year may pursue
one of the following options:
- 10.13.4.3.1 If the unit member desires a reduced assignment
for a specific period of time which exceeds one (1) year, prior
to the
beginning
of the
leave, the unit member and the District may mutually agree to
the terms of the partial unpaid leave, including the length of
the leave
and the
full-time
assignment to which the unit member will return.
- 10.13.4.4 Unit members on partial unpaid leaves shall receive
benefits on a pro rata basis of a full-time contract, or may receive
full benefits
by paying the difference.
- 10.13.4.5 Unit members on partial leave without pay shall receive
personal illness, personal necessity, bereavement, and individual
responsibility leaves
on a pro rata basis of full-time contract.
- 10.14 Donations for Catastrophic Sick Leave
Definition: Any bargaining unit member may donate, in one (1) hour increments,
accumulated and unused sick leave to another District employee when that
District employee or a member of his/her family suffers from a catastrophic
illness or injury, and that District employee has exhausted all fully paid
leaves, as provided in this section.
- 10.14.1 Eligibility for Using Donated Time
- (a) The employee must have exhausted all accrued sick leave (Section
10.2.4).
- (b) The employee must be off work (not actually rendering service
to the District) for purposes of caring for a seriously ill family
member, or due to a personal serious health condition. Family and Medical
Leave Policy definitions as contained in Appendix X to the Agreement,
shall apply to this section only. In addition, principal domestic partners
shall qualify as family members for purposes of this section.
- 10.14.2 Employees donating sick leave must retain a minimum of eighty
(80) hours of accrued sick leave. Recipients may neither accept nor
use more than the number of hours needed to provide fully paid sick
leave for 175 days. Recipient members must work for six (6) continuous
months prior to renewed eligibility for further catastrophic illness
contributions beyond 175 days.
- 10.14.3 Procedure for Donation of Hours
- (a) CCFT shall inform District employees on a case-by-case basis
when the need for donated time arises.
- (b) CCFT shall be responsible for collecting donated time for
CCFT bargaining unit members. Members shall authorize donations
in writing, signed and dated.
- (c) CCFT shall compile the list of donated time in order of donations
received and submit the list to the District along with supporting
written authorizations. (Once the first round list is received
by the District,
no more donations will be added. In the event more donations are
needed, the
process shall repeat itself, subject to Section 10.14.2 above.)
- (d) The District will deduct sick leave from donors, according
to the list and credit it to the member on leave.
- (e) The total hours donated by each member shall be used before
moving to the next donor on the list.
- (f) Donor members on the list whose hours were not used will
have their original authorization forms returned to them as a confirmation
that their
donated hours were not used.
- (g) At the completion of the Catastrophic Leave, the District
will return to CCFT the original list indicating which donor members'
hours
were used.
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