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ARTICLE XIII


LEAVES


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 forty (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 forty (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 (8) 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. It is possible that unused sick leave may be applied to retirement credit in accord with applicable law.

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 (8) 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 100 working days. Such additional sick leave shall be exclusive of any other paid leave and will be compensated at not less than fifty percent (50%) of the employee's regular salary. The five-month period shall commence on the first (1st) 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 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 Sick Leave Donations When due to a catastrophic illness or injury an employee has exhausted all sick leave, the employee may make a request for donated sick leave through the Human Resources Office. The Human Resources Office will issue a notice of the request through Staff Notes and electronic mail. Employees may donate sick leave by providing notice to the Human Resources Office by a reasonable deadline. Sick leave donated to an employee and not used will be retained by the employee receiving the donation.

13.7 Parenting Leave An unpaid leave ending no more than four (4) 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.

13.8 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:

13.8.1 Allowable leave shall be for sixty (60) working days in any one (1) fiscal year for the same accident or illness.

13.8.2 Allowable leave shall not be cumulative from year to year.

13.8.3 Industrial accident or illness leave will commence on the first (1st) day of absence.

13.8.4 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.

13.8.5 Industrial accident leave will be reduced one (1) day for each day of authorized absence regardless of a compensation award made under worker's compensation.

13.8.6 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.

13.8.7 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.

13.8.8 The Board of Trustees may provide for additional leave of absence, paid or unpaid, as it deems appropriate.

13.8.9 Periods of approved leaves of absence, paid or unpaid, shall not be considered to be a break in service of the employee.

13.8.10 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.

13.8.11 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 thirty-nine (39) months. When available during the thirty-nine (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.

13.8.12 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.

13.8.13 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 twenty-four (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 sixty-three (63) months. If an employee fails to accept employment in an equal assignment the employee will be dismissed.


13.9 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.



13.10 Personal Necessity Leave

13.10.1 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 (7) days of accumulated sick leave benefits in a school year in the following cases of personal necessity:

13.10.1 .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.

13.10.1 .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.

13.10.1.3 Appearance in court as a litigant, except as a party in an action brought against the District.

13.10.1 .4 Illness of a member of the immediate family as defined in Section 13.13 of this contract.

13.10.1 .5 Death of a member of the family not considered as immediate family, i.e., aunt, uncle, brother-in-law or sister-in-law.

13.10.1.6 To employees for the birth of their child.

13.10.1.7 When employee's attendance is required for adoption proceedings.

13.10.1.8 To take any advanced educational degree examination.

13.10.1.9 To get married.

13.10.1.10 To attend marriage of son or daughter.

13.10.1.11 To attend high school or college graduation for self, spouse, son or daughter.

13.10.1.12 When ordered to appear before a local, state or federal agency.

13.10.1.13 To transact personal business before a local, state or federal agency.

13.10.1.14 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.

13.10.1.15 One (1) day per year, of the existing allowed days for compelling personal importance may be used for personal necessity as determined by the employee.

13.10.1.16. 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.

13.11 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.

13.11.1 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.

13.11.2 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)

13.12 General 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 and Affirmative Action.




13.12.1 If the employee is dissatisfied with the supervisor's decision, an appeal may be filed with the Superintendent/President within five (5) days of notice of the manager's decision. The Superintendent/ President shall respond in writing to the employee and the supervisor within five (5) days of receipt of the appeal.

13.12.2 If the employee is dissatisfied with the Superintendent/ President's decision, the employee may file, within five (5) 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.

13.12.3 Within five (5) 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 (5) days of receipt of the Superintendent/President's rebuttal, if any, the employee may submit a rebuttal for review by the Board.

13.12.4 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.

13.13 Leave for Death in the Immediate Family (Bereavement) Classified personnel are entitled to be absent up to three (3) days (up to five (5) 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.

13.14 For purposes of Section 13.10, Personal Necessity Leave and Section 13.13, Bereavement Leave only, the term "spouse" shall be defined to include an unmarried life partner previously declared to the Human Resources Office.

13.15 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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