ARTICLE VIII SICK LEAVES AND LEAVES OF ABSENCE

Central Falls School District

Section 1. Sick Leave

A. Sick Leave/Family Illness Policy

Thirteen (13) days per year cumulative to one hundred fifty (150) days shall be granted for personal illness or for family illness of members of a teacher’s immediate family. Immediate family shall mean: husband, wife, son, daughter, mother, father, sister, brother, father-in-law, mother-in-law, or any other person residing in the immediate household.Teachers who have accumulated more than 150 days on June 30, 2012 shall not forfeit her/his days.

If a person resigns before completing his/her contract, the District may, after examining the merits of the particular case, pro-rate sick leave at the rate of 1/12 th sick day per day under contract.

The District has the option of requiring a certificate of illness submitted by a physician when an employee has utilized sick leave for five (5) or more consecutive school days.

Sick days may be taken in one hour increments if needed by a teacher because of a scheduled medical appointment for lab testing, or for a medical examination. However every effort should be made to schedule such an appointment outside of school hours.

Teachers shall be charged partial sick leave should they miss part of the school day due to illness. Such leave shall be deducted in full hour increments by rounding off the nearest hour beginning at 8:00 AM.

B. Extended Sick Leave

Extended sick leave with full pay shall be granted to all regularly employed personnel during periods of long or serious illness or injury.

Extended sick leave shall be granted only after the expiration of all accumulated regular sick leave or after the first five (5) days of an illness or injury period, whichever is the longer period, but in no case will extended sick leave commence before the 6th day of any period of illness or injury.

Extended sick leave shall be granted based on the teacher’s current year of service  in the District:

Unused extended sick leave shall remain credited to a person after any has been used up for an illness or injury. Said unused extended sick leave shall accumulate once again by adding five (5) days of extended sick leave for each year of additional service, not to exceed the totals listed above.

Certification of illness or injury by a physician may be required in cases in which extended sick leave is granted.

Additional extended sick leave may be granted by the Superintendent at full or partial salary.

C. Sick Leave Pool

Any certified member of the staff may voluntarily become a member. He or she shall contribute two (2) of his/her annual allotment of sick days to the Pool.

Anyone wishing to contribute to the Pool must indicate so on a form provided by the Superintendent’s office prior to September 15th of the academic year they choose to join. Anyone who wishes to withdraw from the Pool must likewise do so prior to the annual September 15th deadline. Any days contributed to the Pool the previous year by the individual desiring to withdraw shall remain in the Pool.

Only contributing members to the Sick Leave Pool shall have access to the sick leave accumulated in the Pool, and only in accordance with procedures and conditions outlined herein.

Should the need arise, the Sick Leave Pool Board of Governors (see below) has the power to adjust the annual rate. Any adjustments for the following year will be made known to the members by the last day the school year.

Days contributed shall be accumulative and non-returnable to the members. These days will remain in the pool as long as it continues to exist. Should the Pool cease to exist, any accumulated sick days shall be returned to contributing members in a manner to be determined by the Board of Governors.

The Pool may provide extra sick days to those Pool members suffering from a long-term, catastrophic illness. However, the Pool member must exhaust all of his or her accumulated and extended sick leave and personal days prior to accessing the Pool. Once these leaves have been exhausted and a member has been out of work for five (5) additional, consecutive school days, he/she may apply in writing to the Board. This shall be done so by use of a form available at the Superintendent’s office.

Additional sick leave, if granted, shall be deducted from the accumulated pool. It shall be applied retroactively to the first day after which the member had exhausted his/her own leaves, as indicated above.

The decision to grant or deny additional sick leave shall rest solely with the Board of Governors (see below). These decisions shall be final and binding and not subject to the grievance procedure.

The Board shall routinely request a second opinion by a physician selected by the Board. The cost of this second opinion, if not covered by the individual’s health plan, shall be borne by the Union for bargaining unit members and by the District for administrators. The Board may choose to waive the request for a second medical opinion at its discretion. Additional documentation may be required by the Board.

A member may be granted Sick Leave Pool allotments in up to (30) thirty day increments. At the end of each thirty day increment, the member must re-apply in writing to the Board.

The Pool shall be governed by a five (5) member committee: the Superintendent, (1) one member appointed by the District, (3) three appointed by the Union President. Board members may serve for two years, but may be re-appointed by the Union President or the District.

All decisions shall be rendered in writing to the member in question. A copy shall be sent to the President of the Union.

The Superintendent shall serve as chair and may only vote to break a tie. The Chair shall maintain all records of the pool and shall present an accounting of the pool’s operation to the all Pool members by June 1st of each year.

D. Sick Leave Due to Pregnancy, Miscarriage, Abortion or Childbirth

Sick leave which is taken due to pregnancy, miscarriage, abortion, or childbirth shall be taken at the discretion of the employee and her doctor.

It shall be the responsibility of the employee to submit verification from her doctor as to when she should leave and return to her teaching duties.

Disabilities caused by pregnancy, miscarriage, abortion, or childbirth shall be considered temporary disabilities and shall be considered such under the terms and conditions set forth in Article VIII of this contract. Employment practices and policies including the commencement and duration of leave, the availability of leave extensions, accrual of seniority, all health and temporary disability insurance and other benefits and privileges shall be applied equally to employees on leave due to pregnancy, miscarriage, abortion or childbirth.

Employees returning from sick leave due to pregnancy, miscarriage, abortion or childbirth shall be restored to the position they held at the time such leave commenced, or in the event that the position is being filled by a permanent full time employee, said returning teacher shall go to an equivalent position.

In no case, however, shall any temporary and/or substitute teacher be retained in a position claimed by an employee returning from such leave.

E. Report of Sick Leave Used

For the 2013-2014 school year only, the Office of the Superintendent shall by October 15th provide each teacher with a hard copy report of his/her accumulated sick leave. Said report shall list the number of sick days accumulated. If there is disagreement regarding said report, the teacher will be given dates of sick leave used.

F.Quarantine

There shall be no loss of salary or sick leave allowance in any single case when a teacher is subject to quarantine by the order of the Board of Health for reason other than personal illness of the teacher, or if a teacher is excluded from school by the school nurse-teacher for a school related communicable disease, such as scabies, ringworm, pink eye, pediculosis, etc., (excluding the common cold). This section shall apply as long as quarantine is in effect. Absence under this provision must be supported by a certificate from the Department of Health.

Section 2. Full Pay Leaves

A leave of absence at full-time pay shall be granted as follows:

A. Professional Leave

Teachers may apply for professional days to visit schools, attend conferences, participate in workshops or seminars, etc. by filling out a form for such at least five (5) days prior to the leave.

Such professional leave shall be granted solely at the discretion of the Superintendent.

B. Religious Observance

Up to three (3) days annually may be granted to teachers whose religious obligations require their absence from their daily duties.

C. Union Conferences/Meetings

Up to ten (10) days for the President and/or one other teacher to be selected by the Union shall be allowed by the District to attend educational conferences of the Department of Education; RI General Assembly legislative hearings relating to education; and/or the educational meetings of the AFL-CIO, the RIFT, the AFT or its affiliate organizations that are a benefit to the teacher in his/her teaching profession.

These days shall be taken upon notification of the Superintendent. No more than two (2) people may be on leave at one time.

D. Court Leave/Jury Duty

Unlimited leave for a court appearance as party defendant or plaintiff under contractual obligation, or as witness under subpoena, or on jury duty, or as a perspective parent in court adoption proceedings.

The teacher must remit to the District compensation received as a witness or juror. Written notification of the need to appear in court must be submitted to the District upon request for said leave.

E. Bereavement Leave

Bereavement leave shall consist of up to seven (7) consecutive calendar days in the event of death in the immediate family. Immediate Family shall mean: husband, wife, domestic partner, son. daughter, mother, father, sister, brother, father-in-law, mother-in-law, son­ in-law, daughter-in-law, grandchild or  any  other  person residing in  the  immediate household.

A teacher shall be allowed two (2) days for a grandparent (or the grandparent of a spouse) not living in the household.

In the event of the funeral of other relatives, namely aunt, uncle, brother-in-law, sister-in-law, niece, nephew, first cousin, a teacher shall be allowed one (1) full day.

In the event of the funeral for a friend or any other relative, a teacher shall be allowed one (1) full day and one half day (or three half days) per year.

Additional funeral leave without loss of pay may be granted at the discretion of the Superintendent.

Notification of such aforementioned absences shall be made at the Superintendents office not later the one (1) day prior to the day of the leave, unless unusual circumstances exist.

F. Sabbatical Leave

The District on recommendation of the Superintendent shall have the discretion to grant a sabbatical leave of absence for up to one (1) year for approved scholarly programs or for any other purpose judged by the Superintendent to be of benefit to the teacher’s professional growth and an educational benefit to the system. Such shall be done under the following conditions:

1) Each teacher granted a sabbatical leave will be reimbursed at the rate of 50% of the teacher’s regular salary for a full year’s leave or 100% of the teacher’s regular annual salary for a leave of one half year or one semester.

2) Any teacher granted a sabbatical leave must agree to return to the Central Falls District at the expiration of such leave and to remain for two (2) years, unless released by the District.

3) Any teacher not released by the District who resigns prior to the end of two (2) full school years after return shall refund 1/20th of the salary he/she received while on leave for each month of the school year he/she fails to serve under this obligation. This requirement shall be contained in the written sabbatical agreement.

4) Each teacher granted leave shall, upon his/her return, be entitled to service credit for longevity, seniority, retirement, appropriate placement on the salary schedule and increments due him/her in accordance with the length of leave granted.

5) Teachers on such leave shall have regular monthly state retirement contributions deducted by the District as required by law, based upon salary earned from the District for the period of such leave.

6) Teachers on such leave shall have any contributions required by law or contract continued.

7) No more than two (2) teachers in any one school year shall be absent on sabbatical leave.

8) A teacher seeking a sabbatical shall have completed at least seven (7) full years of service to the District.

9) Applications for a sabbatical must be submitted by January 31st to be considered for either semester of the following academic year.

10) Department chair compensation shall not be applied as part of the regular salary, unless the chair volunteers to return periodically to perform his/her departmental duties on a schedule agreed to by the chair, principal and Superintendent.

G. Personal Days

Teachers shall be granted two (2) days for personal business upon request to the Superintendent. A form for such requests shall be given to the principal or his/her designee and forwarded to the office of the Superintendent.

Except in emergencies, requests shall be made at least three (3) days prior to the actual start of the personal day.

Personal days may be utilized for conducting personal business which cannot be conducted outside of the regular school schedule.

Personal days may be taken in one hour increments.

Personal days are not to be used the day before or after a holiday or vacation period, unless a written explanation is submitted with the request and approved by the Superintendent. Except in cases of emergency, personal days may not be used to extend vacation periods.

In emergencies, notification shall be made to a teacher’s principal or immediate supervisor, who shall notify the Superintendent’s Office. Proper forms must be filled out upon return to school.

The reason for personal absence need not be disclosed at the time of the request. However, if more than six (6) requests are received for any given school day, then all requests beyond the first six shall require a stated reason and the approval of the Superintendent.

Additional days may be granted at the discretion of the Superintendent.

If any portion of personal day leave is not used by the completion of the school year, such shall be added to a teacher’s accumulated sick leave.

H. Job Connected Injury

An employee absent from his duties and receiving compensation as provided under the Workers’ Compensation laws, may be granted sick leave or personal leave in an amount not to exceed their regular compensation. The total of the two shall not exceed the regular salary for a given pay period or the total annual salary.

Any leave in excess of accumulated sick leave, earned extended sick leave or personal leave shall be deemed leave without pay.

I. Regents Fellows

Upon selection, a teacher shall be granted leave to serve as a Fellow at the Rhode Island Department of Education. While on leave, a teacher shall maintain the same benefits as those afforded to all district teachers.

J. Military Leave

A regular teacher who is a qualified member of the Armed Services will be allowed a leave not to exceed ten (10) school days in any one (1) school year to receive military training with the Armed Services under the following conditions:

1) Evidence is shown that this obligation cannot be carried out at a time when school in not in session.

2) The teacher shall forward to the Superintendent notification of such duties at the earliest possible dates.

3) The teacher shall provide evidence that such training has been completed satisfactorily.

4) During such leaves a teacher shall receive the difference between his/her scheduled pay and the compensation he/she receives from reserve training if the latter is less than the regular salary. Payments under this section shall be made only after official military vouchers are submitted by the teacher.

Section 3. Leaves Without Pay

A.Parental or Child Rearing Leave

A parental leave without pay of up to two (2) years for the care of children shall be granted to employees upon application to the Superintendent. Such leave may be extended an additional year by the Superintendent upon application from the employee. After exhausting parental or child rearing leave (a maximum of three years), a teacher shall either resume his/her teaching responsibilities or be placed on the Recall list.

All employees on parental leave shall have the option of retaining their comprehensive medical coverage in accordance with Article IX of this contract. Employees electing such option shall reimburse the District for such medical coverage at the current group rate applicable to all other employees.

Individual arrangements must be made with the Finance Office. Employees may return from parental leave during the school year. Such employees shall be restored to the position that they held at the time such leave commenced providing that the position is not being filled by a permanent full time employee.

B.Military Leave

Military leave of absence without pay will be granted in accordance with state and federal law.

It is the policy of the Central Falls School District that any employee of the Central Falls School District who is on military leave status due to having been called to active duty shall, during the period of that leave, maintain the paid medical and dental benefits that he or she would have been entitled to had he or she not gone on military leave status, to the extent permitted under the provisions of any relevant medical or dental insurance plan.

As a condition of receipt of those paid medical and dental benefits, the employee shall give reasonable notice of his or her military service as provided in 38 U.S.C.A. Section 4312.

The entitlement to paid medical and dental benefits shall continue until such time as the employee terminates his or her employment with the Central Falls School District, provides notice that he or she does not intend to return to his or her employment after completing military service, or fails to return to work within a reasonable time after completion of his or her military service.

Nothing in this policy shall be construed to extend paid medical or dental benefits to employees whose entry in the military service postdates their beginning employment in the Central Falls School District.

Nothing in this policy shall be construed to limit the rights of the school district to change carriers of any medical or dental insurance plan, or to amend or alter the provisions of said plan.

C.Peace Corps Leave

Teachers who join the Peace Corps, or similar endeavors, shall be granted a leave of absence without pay not to exceed two (2) years. Upon their return to Central Falls, they shall be placed on a step on the salary scale as if they had never left, providing said teachers notify the Superintendent in writing of their intention to return within thirty (30) days of separation from the Peace Corps.

D. General Leaves

The District shall grant a leave of absence to a teacher who has completed three (3) years of continuous service as follows:

1.Personal

One (1) year for personal reasons, except that said teacher cannot without approval of the District take employment in any other school system, except substitute duty in Central Falls.

2.Government Employment

The District shall approve a leave not exceeding two (2) years for employment in a government agency - local, state or national.

3.Outside Employment

The District may grant up to two (2) years leave for a teacher who takes employment outside the District when in the judgment of the Superintendent such employment is of definite benefit to the Central Falls District.

4.Military Teaching

For teaching in Armed Forces dependent schools, one (1) year with a two (2) year limit.

5.Union Service Up to two (2) years leave without pay for Union service.

Upon proper application an employee who is an officer of the union, or who is appointed to its staff, shall be given a leave of absence without pay for the purpose of performing legitimate duties for the Union. Except in an emergency, application for said leave shall be made in writing at least thirty (30) days before the opening of school. Such shall be given annual salary increments of the salary scale appropriate to his/her rank.
Only one (1) teacher at a time can be on a Union Leave.

E. Leave Return

Any teacher on a approved leave of absence from the District must notify the Superintendent’s office by May 1st of his/her intentions for September of the year following the conclusion of said approved leave. Failure to comply shall indicate termination of employment from the District.

F. Leave Extensions

All leaves listed in Article VIII of this contract may be extended at the discretion of the Superintendent.

G. Forms For Requesting a Leave

All forms for requesting leaves shall be available in the outer office of each school building and shall be readily accessible to teachers.