Narragansett - Article XII Leaves of Absence

ARTICLE XII LEAVES OF ABSENCE

Narragansett School District

The Provisions of the Federal and State Family and Medical Leave Law will apply. (Reference: U.S. Department of Labor Employment Standards Administration Wage and Hour Division, W.H. Publication 1477, July 1993.)

A. Absences Due to Personal Illness

1. Full pay for personal illness of regularly employed teacher or members of his/her immediate family, as defined in Article XII, E, on the basis of fifteen (15) days per year cumulative to one hundred and fifty (150) days will be allowed. If subject to quarantine by order of the Health Department, there shall be no loss of salary nor shall the time lost be deducted from sick leave. If absence is for three (3) consecutive school days or more, certification from a doctor may be requested by the Superintendent of Schools. The Association agrees that malingering shall not be condoned. Unusual cases will be handled individually by the Superintendent of Schools and the Committee.

2. Teachers shall receive written notification of their accumulated sick leave status at the beginning of the school year.

3. In addition to any accrued sick leave, all full-time teachers (.75 or above) will be credited fifteen (15) sick days in September of each year. All part-time teachers (.7 or below) will be credited with a pro-rated number of sick days. A teacher on sick leave shall first use accrued sick days; however, if these days are exhausted, the teacher will draw on the sick days credited for the current school year. A teacher employed after the start of the school year will be credited with a pro-rated number of sick days.

4. A teacher on leave, other than sick or maternity leave, will not accrue sick days. In the event that the teacher's employment terminates during the school year, and at that time of such termination his or her sick leave account has been overdrawn, the final salary payment to the teacher will be reduced by the amount paid for such overdrawn sick days.

5. Abuse of sick time or use of unauthorized leave may result in pro rata loss of pay or other discipline.

6. The Association will determine procedures and policy regarding donation of sick days to members who are absent due to a major illness, injury or accident. The Committee will administer the procedures that are developed.

7. In no event may an individual be allocated more than one hundred and eighty-five (185 days) by members of the collective bargaining unit related to any one illness, injury or accident.

8. There shall be a maximum cap of two years allowed under this provision. Any request for an extension of this cap may be made to the Committee.

B. Absences Due to Death in Immediate Family

A teacher who is absent because of the death of a member in the immediate family shall receive full pay for up to five (5) days. Immediate family is hereby defined as: son, daughter, husband, wife, brother, sister, father, mother, grandchild, or any member of the teacher's household. Further, each teacher may be absent for two (2) days without loss of pay due to the death of his/her mother-in-law, father-in-law, brothers-in-law, sisters-in- law, grandparents, aunt, uncle, niece, or nephew . Any absence because of death in immediate family shall be recorded with the Building Principal and submitted to the Superintendent of Schools.

C. Absence Due to Court Leave

Should a teacher be called for jury service, or be summoned for court, in which the personal interest of the teacher is not involved, he/she shall be paid his/her regular salary and the days discharged as court days. If a teacher is summoned to court on a personal matter, he/she shall discharge personal or sick time. If the teacher does not have any available days to discharge, he/she must take leave without pay.

D. Temporary Leaves of Absence

1.Teachers shall be entitled to two (2) days per year to attend to personal business. Personal leave should be used to attend to matters which cannot be accomplished at any other time except the normal school day. Personal days may not be used prior to or immediately following a holiday or vacation without the permission of the Superintendent of Schools. Unused personal days will be added and accumulate to the individual teachers' sick bank and credited at the end of each school year.

2. The Superintendent of Schools may permit members of the professional staff an additional day of absence each school year for emergency purposes.

3. Said temporary leaves of absence may not be charged as sick leave or become cumulative.

4. Extended vacations and/or unauthorized leave shall result in loss of pay equal to the number of unauthorized days multiplied by the daily rate of the individual teacher.

5. Military Leave

a. When requested, the Committee shall grant a professional employee leave of absence for required military training not to exceed ten (10) school days in any calendar year. Such employee shall receive the difference between his/her teacher salary and the salary earned while on duty.

b. Military leave, without pay, will be granted to any teacher who is inducted or enlists in any branch of the armed forces of the United States. Upon return from such leave, a teacher will be placed on the salary schedule at the level he/she would have attained had he/she remained actively employed in the system during the period of his/her absence up to a maximum of two (2) years. All benefits to which a teacher was entitled at the time of commencement of his/her military leave, including unused sick leave will be restored to him/her upon his/her return.

c. Any teacher called to emergency military duty shall be granted a leave of absence for the period under military jurisdiction. Such teacher shall receive the difference between his/her teacher salary and the salary earned while on such duty, limited to a period of not more than ten (10) school days subject to extension at the discretion of the Superintendent of Schools.

E. Absences Due to Serious Illness Within the Immediate Family

1. Reasonable leaves, without loss of pay, shall be granted in cases of serious illness within the immediate family. Immediate family is hereby defined as: teacher's mother, father, husband, wife, son, daughter, or any member of the teacher's household.

2. Reasonable leaves granted by the Superintendent under this article shall be in those cases when the teacher has exhausted all accumulated sick leave under Article XII.A. Further, the maximum number of days allowed in such cases of serious illness shall not exceed five (5) days.

3. The understanding of the parties is that the language contained in this article, Immediate Family, "any member of the teacher's household. . ." while not specifically defined in this Contract, is meant to include such individuals as: significant others and those for whom the teacher has substantial financial or familial responsibility. This term is not meant to include those persons whose relationship is casual or transient.

F. Maternity Leave

Maternity Leave shall be for the period of time during the pregnancy in which the teacher is physically or psychologically disabled by reasons of the pregnancy from performing her duties as a teacher and extending after the termination of the pregnancy for the period of time immediately following said termination that the teacher is physically or psychologically disabled from performing her duties as a teacher.

The teacher must notify the Superintendent of Schools in writing of her pregnancy as soon as possible but not later than thirty (30) days prior to said leave and inform the Superintendent of Schools in said notification of the estimated date given by her doctor at which her disability will prevent her from performing her teaching duties. The teacher must also notify the Superintendent of Schools after the termination of the pregnancy of the estimated date given by her doctor at which she will be able to return to her teaching duties.

While absent on maternity leave the teacher shall be entitled to utilize all of her sick leave. If the maternity leave extends beyond the number of days sick leave accumulated by the teacher, then the remainder of the maternity leave shall be without pay; however, fringe benefits will continue to be paid by the Committee. The teacher must return from maternity leave as soon as she is physically and/or psychologically able to perform her duties as a teacher.

G. Parental Leave

The teacher may elect to take unpaid parental leave. The teacher taking such leave may select one (1) of the following options:

1. A maximum six (6) weeks unpaid leave, following maternity leave or following the birth or adoption of his/her child, to commence after sick leave is exhausted. The teacher's return must commence with the beginning of the nearest school term within the six (6) week period.

2. A leave to extend to the following September.

3. A leave to extend to the second September following the birth or adoption.

In 2 and 3 above, the teacher must notify the Superintendent of Schools prior to February 1st following the birth or adoption of the child of the teacher's intent to return. All teachers on parental leave shall have continuous fringe benefits for three (3) months following the birth or adoption of a child. The option of retaining all fringe benefits will continue provided they reimburse the Narragansett School System for any costs involved.

H. Absence for Educational Purposes

Absence for educational purposes are considered professional time and may be granted at the discretion of the Superintendent of Schools with no reduction in salary.

I. Sabbatical Leave

Sabbatical Leave may be granted to teachers who have been in the Narragansett School System for at least seven (7) years. Thus, an individual will be eligible for sabbatical during his/her eighth (8th) teaching year in Narragansett. The following basic provisions shall be met for an individual to be eligible for this sabbatical program.

1. Complete necessary candidate forms as may be required and submit to the Superintendent of Schools through the Principal by December 15th of the year previous, to which a statement of what is to be done during the sabbatical and a positive statement of the value of the leave to the individual and the Narragansett School System. The candidate must notify the Association of this application.

2. The Superintendent of Schools will make recommendations to the Committee for final approval prior to annual budget preparations following the January School Committee meeting. If leave is denied, the teacher will be informed in writing as to the reasons. Leave will be denied only for good and just cause.

3. The sabbatical leave period will be for one (1) school year, or one-half (1/2) of the school year.

4. Teachers on one (1) year sabbatical leave shall receive fifty percent (50%) of their scheduled salary for a full year. Teachers on one-half (1/2) year sabbatical shall receive fifty percent (50%) of their scheduled salary (i.e. twenty-five percent (25%) of their annual salary) during the sabbatical leave. Fringe benefits will continue to be provided by the Committee.

5. The candidate shall agree in writing, prior to final approval by the Committee, that upon termination of the sabbatical he/she will return to the Narragansett School System and fulfill a minimum of two (2) years as an employee.

6. The candidate who fails to fulfill this obligation shall indemnify the school system for the amount paid during the sabbatical leave and forfeit accrued benefit for that period.

7. The candidate shall be returned to the appropriate step in his/her salary program as though he/she had not been on leave.

8. A written evaluation of the year and the value such leave will provide to the school system shall be required of the sabbatical leave participant upon completion of the leave.

9. Said report may also be presented to the Committee in person.

10. The total number of acceptable candidates in the sabbatical leave program for any given school year shall be no more than two (2).

11. The candidate may reapply annually if not first accepted.

12. A candidate that has been on sabbatical leave under the provisions of this Article may be eligible again after seven (7) years from the date of the last leave terminated.

13. As a safeguard, both to the teachers and to the Committee, should a teacher who has been granted a sabbatical leave fail to accept it, he/she then shall forfeit the right to sabbatical leave for three (3) school years.

J. Unpaid Leave of Absence

1. Upon request, a teacher will be granted an unpaid leave of absence for one (1) year, subject to the following conditions:

a. The teacher shall have at least five (5) years teaching experience in Narragansett;

b. Submission of the request shall be made no later than February 1st preceding the year being requested. Extenuating circumstances will be reviewed by the Superintendent of Schools and the Committee for those requests made after February 1st;

c. Each teacher shall be entitled to only one (1) such leave of absence;

d. No more than four (4) such leaves shall be granted per year;

e. If more than four (4) teachers submit requests for such leaves, the four (4) senior teachers shall be granted the leaves;

f. Upon return, a teacher on such leave shall be returned to his/her former position;

g. Teachers on unpaid leave of absence may purchase the group health plan at the teacher's expense.

h. A teacher on 1-year unpaid leave of absence must notify the committee of his or her intent to return to his/her position no later than February 1st of the year preceding his or her return to teaching. The teacher will be notified by certified mail of the impending deadline. Failure to notify the committee of intent to return will be considered a resignation of his/her position as a teacher in the Narragansett Schools.

2. Unpaid Leave of Absence greater than one year.

a. Upon request, a teacher may be granted an unpaid leave of absence. All provisions of Article XII Paragraph J are applicable to extended leave. Upon return from said leave, the teacher shall return to a comparable position.

b. Teachers on unpaid leave of absence may purchase the group health plan at the teacher's expense.