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ARTICLE 11 ABSENCE AND LEAVES

South Kingstown School District

The Committee and the Association agree that certain temporary and special leaves of absence may from time to time become necessary during the school year. Therefore, the following leaves of absence shall be authorized under the provisions of this Article.

A. Leave Without Pay

Upon  the  recommendation   of  the  Superintendent,  the  School  Committee  may  grant tenured  professional  personnel  up  to  one  (1)  year  leave  of  absence  without  pay.   A request for such leave shall be submitted to the Superintendent  in writing by April 1 prior to the academic  year. Not later than April 1 of the school year in which a teacher is on leave, in response to a written request from the Superintendent,  the teacher shall notify the Superintendent whether he/she intends to return for the ensuing school year, and subsequent to that notice shall promptly advise the Superintendent of any change in his/her plans.

B. Military Leave

1. When requested, the School Committee shall grant a professionally employed person a military leave of absence for training not to exceed ten (10) school days. Such employee shall receive full pay while on leave, less compensation received for military service.

2. Military leave of absence will be authorized to a teacher under contract who may be ordered for active duty in any of the military armed forces of the United States. Within six (6) months after honorable discharge, the teacher must indicate in writing his/her intention to rejoin the school system. He/she shall be assigned to his/her position and shall be placed on the salary step at such level as may be determined by the Superintendent.

C. Jury Duty and Witness Duty

Teachers required to perform jury duty shall receive daily pay less jury pay. Teachers appearing as legally subpoenaed witnesses, in a matter arising out of his/her job responsibilities, will receive daily pay less any witness pay.

D. Professional Days

A teacher may be granted up to two (2) days with pay in a school year for visiting other schools or for attendance at professional workshops or conferences. Such leave is subject to the approval of the Superintendent. In exceptional cases, the Superintendent may grant additional days for professional workshops or conferences. A written report of the visitation or conference shall be submitted to the Superintendent.

E. Personal Days

For personal business which cannot otherwise be conducted except during the school day, a teacher shall have two (2) personal days  beginning in 2021-2022 school year, teachers shall have three (3) personal  days with pay provided notice in writing is given the principal or Superintendent at least forty-eight (48) hours in advance. If the forty-eight (48) hour written requirement cannot be met because of an emergency, this provision can be waived by the principal or Superintendent. Teachers are not required to state reasons for such leave, but abuse of the right to such leave may be subject to discipline.

A teacher who does not utilize their personal days during the school calendar year will be eligible for a $100.00 reimbursement for an unused personal day. If the teacher does not utilize either of their two  personal  days  they will be reimbursed  $225.00.  Beginning  in the 2021-2022 school year, If the teacher does not utilize three personal days they will be reimbursed $350.00.

F. Parental Leave Section

Section 1: An employee who has been employed for at least one calendar year may request parental leave for the purpose of birth of a child/children or for the legal adoption of a child/children under the age of 18 (or under the age of23 if the child is mentally or physically disabled). An employee who is requesting Parental Leave shall notify the Human Resources Department, in writing, specifying the expected dates of the leave of absence. The notification shall be provided as far in advance as possible, but at least four
(4) weeks before the leave is to begin. The purpose of such notification is to provide the employee with the required documentation from human resources and to provide the administration with as much notice as possible to make suitable arrangements for continuity with respect to the employee's assignments. Parental Leave will not be denied for failure to provide the required notice per this paragraph.

Section 2:

(a) Employees shall be allowed to use up to eighty (80) consecutive days of leave within the first six months of a child's life or legal adoption of the child under the age of 18 (or a child under the age of 23 with a mental or physical disability) to be at home with the child. The first thirty (30) days of such leave shall be paid without deduction from any contractual leave time. Up to fifty (50) additional days shall be deducted from the employee's accumulated personal illness days if they have the days available.

(b) A leave of absence granted under this Article will be in accordance with the provisions of the Family and Medical Leave Act of 1993 (FMLA) as amended and/or the Rhode Island Parental and Family Medical Leave Act, whichever provides the most favorable treatment to an eligible bargaining unit member. Parental Leave will run concurrently with FMLA leave and RIFMLA leave if the employee is eligible for such leave.

(c) If both Parents are employed by the District, each employee is entitled to up to sixty
(60) consecutive days; the first thirty (30) days of such leave shall be paid without deduction from any contractual leave time. Up to thirty (30) additional days shall be deducted from the employee's accumulated personal illness days if they have the days available.

Section 3:

a. Employees requesting Parental Leave commencing after the beginning of a school year shall be eligible to have the remainder of that school year off.

b. An employee who leaves on or after March 15 and notifies the Superintendent or his/her designee that he/she intends to take the next school year off must take the next year off unless he/she notifies the Superintendent of his/her intention to return prior to June 1 preceding the next school year.

Section 4:

When the employee returns from Parental Leave. The teacher shall return to their identical position.

Section 5.

Medical leave may be taken for absences due to complications of pregnancy, childbirth, or miscarriage and after delivery of child. Such sick leave shall be taken in accordance with Article 13. It shall be the responsibility of the teacher to submit verification from her physician as to when she should leave from and return to her teaching duties. This medical leave will run concurrently with FMLA leave and RIFMLA leave if the employee is eligible for such leave.

H. Bereavement Leave

Teachers shall be granted a leave of five (5) days with full pay for death in the immediate family (mother, father, brother, sister, son, daughter, spouse or domestic partner, grandparent, grandchild, or other relative with whom the teacher shares a household). Teachers shall be granted a leave of five (5) days with full pay for death of a person for whom a teacher has power of attorney or legal guardianship.

In the case of the death of a close family member (mother-in-law, father-in-law, son-in­ law, daughter-in-law) , a teacher shall be allowed up to three (3) days of absence with full pay.

For the death of other relatives , a teacher shall be allowed the day of the funeral with full pay.

In the case of the death of a person other than family (as described above), a teacher shall be allowed one (1) day to attend the funeral with full pay. A teacher can take no more than two (2) of these days in any one school year without approval of the Superintendent.

In the case of the death of a teacher or school staff member, there will be teacher representation as determined jointly between the Superintendent and Union President. The time absent from school to attend the funeral will not be counted against the teachers' bereavement leave.

In all cases other than immediate family members as defined above, the teacher shall furnish to the district a copy of the death ce1iificate or obituary, and indicate relationship.

I. Emergency Leave

Emergency Leave shall be defined as the leave taken when the teacher is forced to absent himself/herself from his/her assignment due to an emergency or an unforeseen circumstance which requires immediate action by the teacher himself/herself.

Emergency Leave cannot exceed more than two days per school year. It shall be at the discretion of the Superintendent, within the grounds of reason, whether or not a teacher is eligible for compensated Emergency Leave. If compensated emergency leave is not granted, these days will be considered dock days and subject to Article 13 A.2. Any days used for Emergency Leave purposes will be deducted from the teacher's yearly sick leave account. Emergency Leave days do not qualify for sick pool benefits as described in Article 13 B. Teachers shall request such leave from the Superintendent by submitting the Emergency Leave Form as soon as the need for such leave is known.

J. Should the need arise to revise or update the Sabbatical Leave policy (Appendix D), a committee comprised of two (2) members of the School Committee, one (1) administrator and two (2) members of the Association  will be called  into session before any changes can be made.

K. The Association president shall receive up to three (3) days leave with pay per year to attend workshops, conferences, etc. The Association shall reimburse the School Committee for the cost of a substitute teacher.

L. Other Additional Leaves

Any other additional leave without pay may be granted on a case by case basis by the School Committee on the recommendation of the Superintendent.

M. Insofar as practicable, all teachers on leave of absence will return to the same administrative unit that they were assigned to when they went on leave (i.e., the same school, same department, the same special education unit, etc.).

N. If "dock days" are requested/needed, the member understands that the time will be unpaid. A reason needs to accompany the dock day request. If the member could anticipate the need earlier (not an emergency and could have used personal days) then the member will be responsible to contribute to their medical and dental insurance for the days missed (at a rate not to exceed $100.00 per day).