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Article 27: Leaves

Collective Bargaining Agreement for Full-Time Faculty

27.1 General Provisions

All leave usage is subject to the approval of the dean or designee. Attendance on days when there is a meeting of the Academic Affairs Division or school meetings is mandatory.

27.1.1

For the purposes of this article, "immediate family" shall mean the employee's spouse, child, stepchild, grandchild, parent, stepparent, sister, stepsister, brother, stepbrother, grandparent, son-in-law, daughter-in-law, sister-in-law, brother-in-law, mother-in-law, father-in-law, others who reside in the same household with the employee, including a domestic partner, or a person in loco parentis (i.e., a person who is acting in place of the employee's parent or who is in the care of an employee acting in place of a parent).

27.1.2

Time spent by an employee on any approved leave shall be counted for seniority purposes.

27.1.3

Chargeable paid leave shall be made in one-half (1/2) hour increments. All employee absences shall be recorded and, where appropriate, debited on a one-to-one basis from accrued leave.

27.1.4

Chargeable leave shall not be made for time involved in an College closing or abbreviated schedules.

27.1.5

Once an employee is on an approved leave, the leave may be converted to another type of leave if the conversion request is approved by the President or the President's designee.

27.1.6

Unless otherwise stated in this Agreement, all benefits earned by an employee on an accrual or credited basis shall be restored to an employee following the return of the employee from leave without pay. An employee shall continue to accrue benefits while on a paid leave of absence, but the employee shall not accrue benefits while on an unpaid leave of absence.

27.1.7

An employee shall continue to be eligible for all employee insurance programs while on a leave of absence. While an employee is on a paid leave of absence, the College shall continue to assume its share of premium costs.

27.1.8

Unless otherwise stated in this Agreement, an employee shall submit leave requests for approval to the employee's dean or dean's designee. All leave requests shall be subject to approval by the employee's dean or dean's designee based on reasonable criteria. The employees recognize the importance of requesting leave as far in advance as possible to allow for reasonable accommodation by the dean or deans designee of the leave request. The dean or deans designee shall apply reasonable, articulable criteria.

27.1.9

Unless otherwise stated in this Agreement, an employee on any leave of absence with a duration of one term or less shall be returned at the conclusion of the leave to the same job title to which the employee was assigned immediately prior to the commencement of the leave. An employee returning from a leave of absence with duration in excess of one (1) term shall be returned to the same or equivalent job title, which the employee is qualified to teach. The job title to which the employee is returned may or may not contain the same class schedule, which was assigned to the employee prior to the leave.

27.2 Bereavement Leave

Bereavement Leave: A maximum of three (3) days leave with pay shall be granted an employee in the event of a death in the employee's immediate family.  If additional leave is required, the employee may use other available paid leave as appropriate.  Bereavement leave is not cumulative and shall not be deducted from accumulated paid leave. The supervisor may require verifiable proof of death.  

27.3 Sick Leave

27.3.1

Sick leave with pay may be used by an employee for personal illness in the immediate family subject to the limits set forth herein, injury or quarantines.

27.3.2

An employee shall accrue three (3) hours of paid sick leave per pay period to a maximum of 1362 hours or 227 days.

27.3.3

A maximum of three (3) days of sick leave in succession may be used by an employee for illness of an employee's immediate family member. For illness extending beyond three (3) days in succession, see section five (5) of this article.

27.3.4

If the absence is due to a work-related injury or illness, the President may advance additional sick leave to the employee in an amount equal to amount the employee would have accrued during the balance of the fiscal year. Requests for this benefit shall be submitted in writing to the President.

27.3.5

An employee who is absent because of personal or family illness may be asked by the employee's supervisor to submit a physician's statement attesting to the illness.

27.3.6

Appointments for treatment by a physician or dentist are legitimate reasons for the use of sick leave. Prior arrangements for the appointments shall be made by the employee with the employee's supervisor and adequate documentation may be required.

27.3.7

Abuse of sick leave is sufficient reason for termination of employment or other disciplinary action.

27.4 Medical Leave:

27.4.1

When an employee is unable to perform essential job functions because of a serious health condition, the employee shall be entitled to medical leave without pay under the Family and Medical Leave Act for a period not to exceed 12 weeks during any 12-month period.

27.4.2

A medical certification attesting to the employee's health condition shall be required.

27.4.3

An employee on Medical Leave shall report to the employee's dean or dean's designee every 30-calendar days.

27.4.4

If the employee participates in College insurance plans, the College will pay the employer's share of insurance premiums for up to 12 weeks.

27.4.5

The employee shall have all rights provided under the Family and Medical Leave Act.

27.4.6

An employee shall be eligible for a total leave of 12 weeks during any 12 month period subject to the conditions set forth in section 4.1 above and the conditions set forth in section 5.1 below. An employee shall not be allowed to exceed the 12-week total by combining the two leaves.

27.5 Family Leave

27.5.1

An employee shall be eligible, under the Family and Medical Leave Act, to up to 12 weeks of unpaid leave during any 12 month period upon the birth and care of the employee's child, placement of an adopted or foster child with an employee or care of an employee's spouse, child or parent in case of a serious health condition.

27.5.2

An employee may substitute appropriate accrued leaves for any part of the 12-week period. Sick leave may be substituted only if the family leave is being used for care of the employee's spouse, child or parent in case of a serious health condition.

27.5.3

The 12-month period referenced in 5.1 above shall commence on the date the Family Leave commences.

27.5.4

An employee shall be entitled to all rights set forth in the Family and Medical Leave Act.

27.5.5

If an employee participates in College insurance plans, the College shall pay the employer share of the insurance premiums for up to 12 weeks.

27.5.6

Where two (2) spouses are College employees, they shall be allowed a total of 12 weeks of Family Leave between them during any 12 month period for the birth or adoption of a child, the placement of a foster child or to care for an ill parent. If the leave is requested for either spouse's own serious health condition or the serious health condition of the couple's child, each spouse shall be entitled to separate Family Leave.

27.6 Personal Leave

27.6.1

Each employee shall be granted five (5) days, or 30 hours, of personal leave with pay for each academic year. Personal leave shall accrue at the rate of .1923 days per pay period and shall be deducted on an hour for hour basis when utilized.

27.6.2

Personal leave may be taken, with proper approval, whether or not it has been accrued to the maximum amount for which an employee will become eligible during a given academic year. However, if the employee terminates employment before having accrued as much leave as has been taken, the employee shall be obligated to reimburse the College for unaccrued leave taken or the College may withhold from the employee's earnings an amount sufficient to liquidate the debt.

27.6.3

Except in the case of an emergency, personal leave requires advance approval by the dean or dean's designee.

27.6.4

Not more than five (5) days of personal leave may be taken in succession.

27.6.5

Not more than five (5) days (thirty (30) hours) of personal leave granted but not taken during an academic year may be carried forward to the following academic year.  For additional personal leave granted but not taken, the employee receives payment at a conversion rate of one (1) day's pay for four (4) days of leave.

27.6.6

Use of personal leave is discouraged during staff development days and is prohibited during the first five (5) or last five (5) instructional days of a term unless there is an exception granted by the dean or the dean’s designee.

27.7 Professional Leave

Within budgetary constraints, professional leave with pay shall be encouraged, supported and granted by the College for the professional enhancement of faculty. Employees and the dean in each department shall attempt to collegially determine the activities recommended to the vice-president. If the employees and the dean cannot reach agreement on the recommended activities, the dean shall make the final recommendations.

27.8 Professional Development/Career Advancement Leave:

27.8.1

The parties recognize professional development/career advancement leave as an important method for updating employees who have been away from industry for a prolonged period of time. The parties further recognize the importance of establishing procedures for encouraging employees to return to industry from time to time. For the purposes of this leave, "industry" shall mean a private business or industrial organization, a government or public agency or an academic setting regularly employing five (5) or more persons.

27.8.2

Professional development/career advancement leave may be made available to employees each academic year. This leave shall not exceed one (1) academic year in length.

27.8.3

While on professional development/career advancement leave, an employee shall be paid up to one-half (1/2) of the employee's daily rate of pay for which the employee would have been qualified as an employee. The pay shall be subject to the following conditions:

27.8.3.1

The employee must be employed in a position commensurate with and appropriate to the duties assigned to the employee at the College.

27.8.3.2

The pay from the industrial employment shall not equal the employee's College daily rate of pay, and the employee is not paid below the prevailing rate of pay for the employment.

27.8.3.3

The leave and employment is full-time.

27.8.4

Only an employee who has completed at least three (3) continuous years of service with the College will be considered for professional development/career advancement leave.

27.8.5

As a condition for approval of this leave, the employee shall agree to return to College employment for at least two (2) terms for each term on leave or repay to the College the salary received from the College during their period of leave.

27.8.6

The College shall continue to pay its share of premiums for insurance plans in which the employee is enrolled when the leave is approved. If the employee does not satisfy the conditions set forth in 26.8.5 above, the employee shall be liable for all premium payments made by the College on behalf of the employee while the employee was on the leave.

27.8.7

An employee on this leave shall continue to accrue paid leave in the same manner as the employee accrued the paid leave while the employee was working full-time at the College, however, it shall be prorated based upon the amount of salary paid by the College.

27.8.8

Upon return from the leave the employee will be placed in a position with the same job title that the employee held prior to the leave being taken.

27.9 Court Leave

27.9.1

An employee shall be granted leave with pay for service or appearance at a legal proceeding including jury duty or a response to a subpoena or other legal proceeding which requires the employee's absence from duty for other than personal matters. The employee shall make arrangements with the College for the endorsement by the employee to the College of any per diem check received from the court. Amounts received for mileage and expenses may be retained by the employee.

27.9.2

An employee who needs to appear at a legal proceeding to assert or protect the employee's own interests may be eligible to use accrued paid personal leave for these purposes. If the employee does not have accrued paid personal leave, the employee may be eligible to use unpaid leave without pay.

27.9.3

This leave may not be used by an employee pursuing a claim or called to testify against the College.

27.10 Military Leave

An employee shall be granted up to 15 days or paid military leave per year if the employee is required to report for service with any branch of the United States Armed Forces, including the National Guard or Reserves. If the military pay is less than an employee's salary during the leave period, the College will pay the difference.

27.11 Leave Without Pay:

27.11.1

An employee may be granted an unpaid leave of absence outside the Family Medical and Leave Act when such leave is determined to be in the best interests of the College.  Leave for the purpose of taking employment with another employer is not in the best interest of the College, however extended unpaid leave on a per term basis for the  Union President to work for the Union will be allowed with reasonable notice.

27.11.2

Upon return from the leave, the employee may be reassigned to an equivalent job title within the bargaining unit. No guarantee is made that the employee will have the same or substantially the same duties or schedule upon his/her return.

27.11.3

The leave shall not exceed one (1) year.

27.11.4

An employee with less than three (3) years of service with the College who takes this leave may continue enrollment in College insurance plans provided the employee pays 100% of the insurance premiums during the time spent on the leave.

27.11.5

An employee with three (3) years or more service with the College who takes this leave may continue enrollment in the College's insurance plans by paying in advance the employee's share of the insurance premium for the first 105 calendar days of the leave. For a leave extending beyond 105 calendar days, the employee on leave shall pay 100% of the premium costs in order to remain enrolled with the College's insurance plans.

27.12 Substitute Procedures:

27.12.1

An employee who plans to be absent shall obtain the appropriate approved leave and make plans for the coverage of missed classes.  The practice of "collegial coverage" (i.e., the voluntary coverage by an employee of another employee's class) during an employee's absence may be used if approved by the employee's dean or dean's designee provided the employee acquires approved leave. 

An employee may utilize "flex time" for the rescheduling of office and/or preparation time as a result of an absence provided the scheduling is programmatically sound, the time is rescheduled  within a six (6) instructional day period before or after the originally scheduled time, and the request is approved by the employee's dean or dean's designee.  Flextime does not require the use of accrued leave. 

27.12.2

When an employee's absence is caused by illness or another emergency, the employee shall notify the department office, the dean or the dean's designee as soon as possible. If the office is closed and the dean or the dean's designee cannot be located, the employee shall contact the control center and leave the required information.

27.13 Absence Without Leave:

27.13.1

An employee's failure to notify the College of an absence for three (3) consecutive days shall be regarded as abandonment and a voluntary resignation by the employee except as provided herein.

27.13.2

The requirement set forth in 26.13.1 above shall only be waived when the employee is prevented from providing notification by events beyond the employee's control. As a condition for reinstatement, the employee shall be required to demonstrate that notification was provided as soon as possible.