San Joaquin Delta College

ARTICLE XII

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LEAVES

12.1 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 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. The time off shall equal the time served with an allowance for reasonable travel time.

12.2 Judicial Leave: For any necessary court or agency appearance, except as a party or witness in an action against the District, the Unit member may utilize Personal Necessity Leave.

12.3 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).

12.4 Leave for Illness or Injury

12.4.1 A Bargaining Unit member 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. (Education Code 88191)

12.4.2 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/she would be entitled to because of length of service shall have the amount of the overpayment deducted from his/her last warrant.

12.4.3 Except for probationary employees, credit for sick leave for any current college 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 twelve (12) days sick leave during the twelve-month probationary period.

12.4.4 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.

12.4.5 Absences to secure health services must have prior approval of the Chief of Police and shall be charged to sick leave or compensatory time earned.

12.4.6 A statement from a qualified physician verifying the reason for absence due to illness or injury may be required by the Human Resources and Affirmative Action Office 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.

12.4.7 Any sick leave benefits earned but unused on the date of termination for any cause shall not be paid to the employee in cash.

12.5 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 employee's regular salary. The five-month period shall commence on the first day of illness or accident for classified employees. (Education Code 88191, 88196)

12.5.1 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 a supplemental sick leave basis shall not be entitled to the sick leave, holiday, or vacation benefits granted permanent employees.

12.5.2 Supplemental sick leave is payable only upon medical verification any only for absence of five (5) or more consecutive days.

12.6 Leaves of Absence for Industrial Accident and Illness: All permanent classified employees shall be eligible for the benefits provided by Education Code, Section 88192, as follows:

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

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

12.6.3 Industrial accident or illness leave will commence on the first day of absence.

12.6.4 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.

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

12.6.6 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.

12.6.7 The industrial accident or illness leave of absence is to be used in lieu of entitlement acquired under Section 88192 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, he/she shall be entitled to use only so much of his/her accumulated or available sick leave, accumulated compensating time, vacation or other available leave which, when added to the worker's compensation award, provide for a full day's wage or salary.

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

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

12.6.10 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.

12.6.11 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 his/her position, he/she shall, if not placed in another position, be placed on a re-employment 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 class of his/her previous assignment over all other available candidates except for a re-employment list established because of a lack of work or lack of funds, in which case he/she shall be listed in accordance with appropriate seniority regulations.

12.6.12 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 Governing Board authorizes travel outside the State.

12.6.13 An employee who has been placed on a re-employment list, as provided above, who has been medically released for return to duty and who fails to accept an appropriate assignment shall be dismissed.

12.7 Break in Service: No absence under any paid leave provisions of this Article shall be considered as 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.

12.8 Personal Necessity Leave: The employee requiring a leave under this section shall verify by a signed statement that he/she 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 his/her election, not more than six (6) days of accumulated sick leave benefits in a school year in the following cases of personal necessity.

12.8.1 Death of a member of the employee's immediate family when additional leave is required beyond that provided in District Policy 4630. According to Education Code 88194, immediate family is defined as mother, father, grandmother, grandfather, or 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 any relative living in the immediate household of the employee.

12.8.2 Accident, involving his/her person or property, or the person or property of a member of his/her immediate family, as defined above, of such an emergency nature that the immediate presence of the employee is required during his/her work day.

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

12.8.4 Serious or critical illness of a member of the immediate family as defined above calling for services of a physician and of such an emergency nature that the immediate presence of the employee is required during his/her work day.

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

12.8.6 When any of the following significant personal events occur which require the immediate attention of the employee during assigned hours of service and the circumstances cannot be reasonably disregarded, leave up to a maximum of three (3) days may be granted, which three (3) days are within the six (6) days authorized by Section 88207 of the Education Code, in any school year for all cases of personal necessity listed in Paragraph 12.8.1 through 12.8.5 above.

1. To males when wife gives birth to a baby.

2. To take any advanced educational degree examination.

3. To get married.

4. To attend marriage of son or daughter.

5. To attend college graduation for spouse, son, or daughter.

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

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

12.8.7 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/President, employee may use up to three (3) days personal necessity leave for this purpose.

12.9 Additional Leave for Non-Industrial Illness or Injury: A permanent employee of the Bargaining Unit 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 periods that it may provide, but not to exceed a total of eighteen (18) months.

12.9.1 An employee, upon ability to resume the duties of a position within the class to which he/she was assigned, may do so at any time during the leave of absence granted under this section and time in a paid status shall not be considered a break in service. He/she shall be restored to a position with all the rights, benefits and burdens 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 his/her position, he/she shall be placed on a re-employment list for a period of thirty-nine (39) months. (Education Code Section 88195)

12.9.2 At any time during the prescribed thirty-nine (39) months the employee is able to assume the duties of his/her position, he/she shall be re-employed in the first vacancy in the classification of his/her previous assignment. His/her re-employment will take preference over all other applicants except for those laid off for lack of work or funds under Section 88117, in which case, he/she shall be ranked according to his/her proper seniority. Upon resumption of his/her duties, the break in service shall be disregarded and he/she shall be fully restored as a permanent employee. (Education Code 88195)

12.10 General Leaves: When no other leaves are available, a leave of absence may be granted to an employee on an unpaid basis at any time upon any terms acceptable to the District and the employee.

12.11 Leave for Death in the Immediate Family: (Bereavement) Members of the Bargaining Unit are entitled to be absent up to three (3) days (up to five (5) days if out-of-state travel is required) for the death of any member of his/her 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 any relative living in the immediate household of the employee. (Education Code 88194) Also included shall be stepmother or stepfather.

12.12 Absence Due to Quarantine: Bargaining Unit employees shall receive salary in full when quarantined by city or county health officials. (Education Code 87765)