13.1 Jury Duty An employee shall be entitled to leave without loss of pay
for any time the employee is required to perform jury duty. The
time-off shall equal the time served with an allowance for
reasonable travel time. The employee shall deposit with the Cashier,
checks received from the judicial system. Any meal, mileage, or
parking allowance provided the employee for jury duty shall not be
considered in the amount received for jury duty.
13.2 Judicial Leave For any necessary court or agency appearance, except
as a party or subpoenaed witness in an action against the District, the
Unit member may utilize Personal Necessity Leave.
13.3 Military Leave An employee shall be entitled to any military leave
provided by law and shall retain all rights and privileges granted by
law arising out of the exercise of military leave. (Military and
Veterans Code 389-395.4)
13.4 Leave for Illness, Injury, or Maternity
13.4.1 A classified employee employed 40 hours a week is entitled
to eight (8) hours of sick leave for each month of
employment during the college year for illness or injury,
without loss of pay, cumulative indefinitely. An employee
must be in paid status for more than one-half (1/2) of the
month's normal working hours in order to qualify for sick
leave credit for that month. (Ed. Code 88191)
13.4.2 A classified employee employed less than forty (40) hours
per week shall be entitled to that proportionate amount of
sick leave as the number of hours he is employed per week
bears to 40. Sick leave for all part-time employees will be
computed and charged on an hourly basis. When such
person is employed for less than a full fiscal year of service,
this and the preceding paragraph shall determine that
proportion of sick leave to which he is entitled. (Ed. Code
88191)
13.4.3 Sick leave entitlement for any current year is based on the
length of service, and a person who serves only a portion of
the year shall be entitled only to the proportionate amount
of sick leave earned. Any person who terminates his
employment during the year and who has been absent
because of illness or injury for a longer period of time than
he would be entitled to because of length of service shall
have the amount of the overpayment deducted from his last
paycheck.
13.4.4 Except for probationary employees, credit for sick leave for
any current year need not be earned prior to taking such
leave, and such leave may be taken at any time during the
year. Probationary employees shall be eligible to take eight
(8) days sick leave during the eight month probationary
period.
13.4.5 Pay for any day of such absence shall be the same as the
pay which would have been received had the employee
served during the day of illness.
13.4.6 Absences to secure health services will be charged to sick
leave on an hourly basis. Non-emergency absences must
have prior approval of the appropriate administrator or
department head.
13.4.7 A statement from a qualified physician verifying the reason
for absence due to illness or injury may be required by the
Office of Human Resources on the third (3rd) day of absence,
except when the employee has a record of excessive
absenteeism within a six (6) month period, then a verifying
statement may be required at any time.
13.4.8 Any sick leave benefits earned but unused on the date of
termination for any cause shall not be paid to the employee
in cash. In lieu thereof, for employees hired prior to
January 1, 1980, the employee may convert unused sick
leave to retirement credit in accordance with Government
Code 22719, or its successor, if the employee is filing a
request for retirement.
13.4.9 Any employee who has accrued a minimum of 800 hours of
sick leave on June 30 of any year, will be entitled to eight
additional hours vacation leave to be added to accrued
vacation leave on July 1.
13.5 Supplemental Sick Leave When a permanent employee is absent
from duty on account of illness or accident for a period of five (5)
months or less, whether or not the absence arises out of or in the
course of employment, the employee shall be credited with sufficient
additional sick leave which, when added to regular earned sick leave,
shall not be less than one hundred (100) working days. Such
additional sick leave shall be exclusive of any other paid leave and
will be compensated at not less than fifty (50) percent of the
employees regular salary. The five-month period shall commence on
the first day of illness or accident for classified employees. (Ed. Code
88191, 88196)
13.5.1 Total full pay and supplemental sick leave shall not exceed
one hundred (100) working days in any one fiscal year or
for any one illness. No full pay or supplemental sick leave
payments shall be made during the period of the college
year in which the employee would not normally be
employed. Employees who are on supplemental sick leave
basis shall not be entitled to the sick leave, holiday, or
vacation benefits granted permanent employees.
13.5.2 Supplemental sick leave is payable only upon medical
verification and only for absence of five (5) or more
consecutive days.
13.6 Parenting Leave An unpaid leave ending no more than four months
following the birth of a child may be granted by the District. Unpaid
leaves of longer duration may be requested according to Article XIII,
Section 13.12, General Leaves of this agreement.
13.7 Leaves of Absence for Industrial Accident and Illness All permanent
classified employees shall be eligible for the benefits provided by Ed.
Code, Section 88192, as follows:
| 13.7.1 | Allowable leave shall be for sixty (60) working days in any |
| one fiscal year for the same accident or illness. |
13.7.2 Allowable leave shall not be cumulative from year to year.
| 13.7.3 | Industrial accident or illness leave will commence on the |
| first day of absence. |
CSEA Contract 1995-98 page 34
13.7.4 Payment for wages lost on any day shall not, when added to
an award granted the employee under the worker's
compensation laws of this State, exceed the normal wage for
the day.
13.7.5 Industrial accident leave will be reduced one day for each
day of authorized absence regardless of a compensation
award made under worker's compensation.
13.7.6 When an industrial accident or illness occurs at a time when
the full sixty (60) days will overlap into the next fiscal year,
the employee shall be entitled to only that amount
remaining at the end of the fiscal year in which the injury or
illness occurred, for the same illness or injury.
13.7.7 The industrial accident or illness leave of absence is to be
used in lieu of entitlement acquired under Section 88191 of
the Education Code. When entitlement to industrial accident
or illness leave has been exhausted, entitlement to other
sick leave will then be used, but if an employee is receiving
worker's compensation, the employee shall be entitled to
use only so much of his accumulated or available sick leave,
accumulated compensating time, vacation or other available
leave which, when added to the worker's compensation
award, provides for a full day's wage or salary.
| 13.7.8 | The Board of Trustees may provide for additional leave of |
| absence, paid or unpaid, as it deems appropriate. |
| 13.7.9 | Periods of approved leaves of absence, paid or unpaid, shall |
| not be considered to be a break in service of the employee. |
13.7.10 During all fully paid leaves of absence, whether industrial
accident leave, sick leave, vacation, compensated time off or
other available leave provided by law or the action of a
Governing Board, the employee shall endorse to the District
wage loss benefit checks received under the worker's
compensation laws of this State. The District, in turn, shall
issue the employee appropriate warrants for payment of
wages or salary and shall deduct normal retirement and
other authorized contributions.
13.7.11 When all available leaves of absence, paid or unpaid, have
been exhausted and if the employee is not medically able to
assume the duties of the employee's position, the employee
shall, if not placed in another position, be placed on a
reemployment list for a period of 39 months. When
available during the 39 month period the employee shall be
employed in a vacant position in the classification of the
previous assignment over all other candidates except for
candidates on the list established because of a lack of work
or lack of funds, in which case the employee shall be listed
in accordance with appropriate seniority regulations.
13.7.12 Any employee 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 this State.
13.7.13 An employee who has been placed on a reemployment list,
as provided above, who has been medically released for
return to duty will be offered an assignment for which the
employee is qualified in an equal or a lower classification
(e.g. Clerk Typist II will be offered an open position as Clerk
Typist I). If the employee accepts the assignment to the
lower classification the employee shall remain on the
reemployment list for an additional 24 months. The
employee shall be offered placement in the employee's prior
classification until the total time expires on the list not to
exceed 63 months. If an employee fails to accept
employment in an equal assignment the employee will be
dismissed.
13.8 Break in Service No absence under any paid leave provisions of this
Article shall be considered as a break in service for any employee
who is in paid status, and all benefits accruing under the provisions
of this Agreement shall continue to accrue under such absence.
13.9 Personal Necessity Leave
13.9.1 The employee requiring a leave under this section shall
verify by a signed statement that the employee has taken a
leave for one of the reasons listed as permissible under this
section. Whenever possible, advance notification of any
personal necessity permitting leave under this section shall
be given. An employee may use, at the employee's election,
not more than seven days of accumulated sick leave benefits
in a school year in the following cases of personal necessity:
13.9.1 .1 Death of a member of the employee's immediate
family when additional leave is required beyond
that provided in Section 13.13 of this contract.
13.9.1 .2 Accident, involving the employee's person or
property, or the person or property of a member
of the employee's immediate family, as defined
in Section 13.13 of this contract, of such an
emergency nature that the immediate presence
of the employee is required during the
employee's work day.
| 13.9.1.3 | Appearance in court as a litigant, except as a |
| party in an action brought against the District. |
| 13.9.1 .4 | Illness of a member of the immediate family as |
| defined in Section 13.13 of this contract. |
13.9.1 .5 Death of a member of the family not considered
as immediate family, i.e., aunt, uncle, brother-in-
law or sister-in-law.
13.9.1.6 To employees for the birth of their child .
| 13.9.1.7 | When employees attendance is required for |
| adoption proceedings. |
13.9.1.8 To take any advanced educational degree
examination.
13.9.1.9 To get married.
13.9.1.10 To attend marriage of son or daughter.
| 13.9.1.11 | To attend high school or college graduation for |
| self, spouse, son or daughter. |
| 13.9.1.12 | When ordered to appear before a local, state or |
| federal agency. |
13.9.1.13 To transact personal business before a local,
state or federal agency.
13.9.1.14 In a situation which makes it impossible for an
employee to get to the work location due to a
natural disaster as declared by the
Superintendent and President, the President of
the United States or the Governor of California
the employee may use up to three (3) days
personal necessity leave for this purpose.
13.9.1.15 One day per year, of the existing allowed days
for compelling personal importance may be used
for personal necessity as determined by the
employee.
13.9.2 After all sick leave or personal necessity leave is exhausted,
an employee may use accumulated vacation leave for
personal necessity as provided in this section.
13.10 Additional Leave for Non-Industrial Illness or Injury A permanent
employee of the classified service who has exhausted all entitlement
to sick leave, vacation, compensatory overtime, or other available
paid leave and who is absent because of non-industrial accident or
illness may be granted additional leave, paid or unpaid, not to
exceed six (6) months. The Board may renew the leave of absence,
paid or unpaid, for two (2) additional six-month periods or such
lesser leave periods that it may provide, but not to exceed a total of
eighteen (18) months.
13.10.1 An employee, upon ability to resume the duties of a position
within the class to which the employee was assigned, may
do so at any time during the leave of absence granted under
this section and time lost shall not be considered a break in
service. The employee shall be restored to a position with
all the rights, benefits and responsibilities of a permanent
employee. If at the conclusion of all leaves of absence, paid
or unpaid, the employee is still unable to assume the duties
of the employee's position, the employee shall be placed on
a reemployment list for a period of thirty-nine (39) months.
13.10.2 At any time, during the prescribe thirty-nine (39) months
the employee is able to assume the duties of the employee's
position, the employee shall be reemployed in the first
vacancy in the classification of the employee's previous
assignment. The employee's reemployment will take
preference over all other applicants except for those laid off
for lack of work or funds under Section 88117, in which case
the employee shall be ranked according to the employee's
proper seniority. Upon resumption of the employee's duties,
the break in service shall be disregarded and the employee
shall be fully restored as a permanent employee. (Ed. Code
88195)
13.11General Leaves When no other leaves are available, a leave of
absence may be granted to an employee on a unpaid basis at any
time upon any terms acceptable to the employee, the supervisor, and
the Director of Human Resources.
13.11.1 If the employee is dissatisfied with the supervisor's
decision, an appeal may be filed with the Superintendent/
President within five days of notice of the manager's
decision. The Superintendent/ President shall respond in
writing to the employee and the supervisor within five days
of receipt of the appeal.
13.11.2 If the employee is dissatisfied with the Superintendent/
President's decision, the employee may file, within five days
of the written decision of the Superintendent/President, a
request for review by the Board of Trustees and a written
response to the Superintendent/President's decision.
13.11.3 Within five days of receipt of the written response of the
employee, the Superintendent/President may submit a
written rebuttal for review by the Board. Within five days
of receipt of the Superintendent/President's rebuttal, if any,
the employee may submit a rebuttal for review by the
Board.
13.11.4 The Board will review:
(a)the Superintendent/President's written decision
including the reasons for the decision,
(b)the employee's written response to the
Superintendent/President's decision,
(c) the Superintendent/President's written rebuttal to the
employee's response,
(d) the employee's written rebuttal to the rebuttal of the
Superintendent/President.
The Board will not receive any additional information
regarding rendering their decision on the leave request,
except as the Board may request. After reviewing all
material presented, the Board may accept, reject, or modify
the Superintendent/President's decision. This decision shall
be made by the Board of Trustees in a timely manner. The
decision of the Board shall be final.
13.12 Leave for Death in the Immediate Family (Bereavement) Classified
personnel are entitled to be absent up to three (3) days (up to five
days if one way travel of 300 miles or more is required) for the
death of any member of the employee's immediate family. No
deduction shall be made from the salary of such employee on
account of such leave of absence. "Members of the immediate
family" means the mother, father, grandmother, grandfather, or a
grandchild of the employee or of the spouse of the employee, and
the spouse, son, son-in-law, daughter, daughter-in-law, brother or
sister, of the employee or spouse, or any relative living in the
immediate household of the employee. (Ed. Code 87788) Also
included shall be stepmother or stepfather or stepchildren.
13.13 For purposes of Section 13.9, Personal Necessity Leave and Section
13.12, Bereavement Leave only, the term "spouse" shall be defined
to include an unmarried life partner previously declared to the
Human Resources Office.
13.14 Absence Due to Quarantine Classified employees shall receive salary
in full when quarantined by city or county health officials. (Ed. Code
87765.)
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