ARTICLE 18 TIME OFF

Westerly School District

The Committee and the Association agree to form a committee to look at leave Articles and paid time off designs.

1. Paid Time Off

A. Personal Leave

i. Teachers shall be entitled to two (2) personal days per school year. Such temporary leave will be granted upon request; unused personal days are cumulative to three (3). Teachers shall give at least twenty-four (24) hours' notice to their Principal prior to the taking of a personal day. Such twenty­ four (24) hour notice may be waived in case of an emergency.

ii. The purpose of the personal day is to grant a teacher the necessary time to handle matters of a personal nature that cannot be handled after the close of school.

iii. Personal days shall not be used to extend holidays or Spring recess, except with permission of the Superintendent or his/her designee.

iv. At the discretion of the Superintendent or his/her designee any absence in excess of the above contractual limits may be deducted at a substitute's per diem rate.

B. Sick Leave

i. All certified teachers in the District shall be entitled annually to fifteen (15) days sick leave for the tenn of this Contract with full salary for personal illness of the teacher or a dependent member of the teacher's household. The unused days shall be cumulative to a maximum of one hundred twenty (120) days. The teacher absent in excess of three (3) consecutive days may be required to submit a certificate from his/her physician that he/she is capable of resuming his/her duties.

ii. This sick leave shall be discharged to cover the cost of the teacher's full salary (1) during the period of absence occasioned by the personal illness of a teacher or a dependent member of the teacher's household; and (2) during periods of job protected leave authorized by the Superintendent or designee under federal or state law on account of the teacher's personal illness or incapacity. At the discretion of the Superintendent or his/her designee, any family illness days beyond fifteen (15) days (not including the teacher's personal illness days) in one (1) contractual year may be deducted at a substitute's rate

iii. At the conclusion of the school year, teachers who have discharged three (3) or fewer days of combined sick time will receive $300 as a ''bonus" payment.

iv. Teachers shall be pennitted to accrue an additional (40) sick days beyond the maximum of (120) days, but shall not discharge these days as sick leave. Instead, a teacher at retirement shall be paid for these (40) days at a rate of $50 per day, provided that at the time of retirement the teacher has maintained a minimum of (100) days of sick days in their account.

C. Sick Leave Pool

i. A teacher on an approved/authorized leave of absence for personal illness or incapacity, as set forth in Paragraph B above, and who has three (3) or fewer days of sick leave remaining in.his/her personal account, may request monies from the Sick Leave Pool.

ii. The Sick Leave Pool shall carry over days remaining at the end of one (1) contractual year to the next contractual year and will continue for the tenn of this Contract.

iii. If the Sick Leave Pool has in excess of three hundred (300) days at the start of each school year, all teachers who have donated the previous year shall be automatically covered without the need of contributing another day.

iv. All teachers who are not covered may voluntarily donate one (1) day in order to initiate the coverage and shall have the same privileges as current Sick Leave Pool members. A newly hired teacher will belong to the Sick Leave Pool unless he/she indicated in writing that he/she does not wish to participate.

v. If the Sick Leave Pool is reduced below two hundred (200) days during the school year, all teachers must donate one (1) day each to continue the coverage.

vi. At the beginning of each school year all teachers with maximum sick leave accrual may donate all days over the maximum to the Sick Leave pool up to a maximum of one thousand (1,000) days.

vii. The Sick Leave Pool shall be administered by a five (5) member board, with two (2) members chosen by the Superintendent, two (2) members by the Association. The four (4) members shall choose a physician as the fifth (5th) member. Each request for aid from the Sick Pool shall be decided by the board on the merits of the individual request. Any and all health and/or medical records, or other confidential information about teacher applicant shall be maintained by the Superintendent or designee, and no copies of such records shall be retained by any board member.

vm. Action of the board shall be by a majority vote and shall be final and binding on all parties, and not subject to the grievance and arbitration procedures of this contract.

ix. However, the Sick Leave Pool may reverse its decision at a subsequent hearing based on additional information provided by the applicant with permission.

x. Illness as a result of pregnancy shall be treated as any other illness, and teachers unable to work as a result of pregnancy shall have full access to their rights under this Article, provided their disability is attested to by a physician.

xi. Sick leave days will be counted as one-half (1/2) days, provided the teacher is present for one-half (1/2) of the school day.

D. Bereavement

A teacher shall be allowed a period of leave at full salary of up to five (5) consecutive working days, to include the day of the funeral, in the case of death of one of the following relatives: father, mother, brother, sister, child, husband, wife, father-in-law, mother-in-law, grandparent, stepchild, grandchild, or domestic partner. Any exceptions must be approved by the Superintendent or designee. A teacher shall be allowed three (3) consecutive working days at full salary, to include the day of the funeral, for the following relatives: aunts, uncles, sister­ in-law, brother-in-law, son-in-law, daughter-in-law. Other instances for individuals not listed will be considered for the day of the funeral with pay by request to the Principal or Superintendent. The decision of the. Superintendent or Principal shall be final and not subject to arbitration under Article 16. Said leave is defined as a full twenty-four (24) hour period.

E. Court and Arbitration

i. When a teacher serves as a juror, an amount equivalent to the pay he/she receives as a juror shall be deducted from his/her pay by the District.

ii. If a teacher reports for jury duty but is excused without pay, no deduction shall be made from his/her salary provided the teacher returns immediately to his/her assigned building.

iii. When a teacher is subpoenaed to serve as a witness in any court he/she shall be granted leave with full pay less any payment received as a witness.

iv. When a teacher learns that he/she has been called as a juror or witness, he/she shall notify his/her Principal immediately.

v. The Association may select any three (3) of its officers or members to attend arbitration, Level 4 grievance and Labor Relations Board sessions. Teacher attendance at arbitration sessions in excess of the three (3) listed above will be at the discretion of the Superintendent.

F. Religious Leave

Upon approval of the Superintendent or his/her designee, an employee may receive up to three (3) days leave without loss of pay or benefits for required observance of recognized religious rites when such observance of recognized religious rites is not possible outside the school day. These days are not to be deducted from any sick or personal leave.

G. Union Leave

Paid leaves of absence may be granted to Association officers, representatives, and elected delegates of the Association to attend meetings, conventions, and executive board meetings of local, city, state, regional and parent organizations. Requests for said leaves must be submitted to the Superintendent or his/her designee at least fourteen (14) days prior to the effective day of said request leave.

H. With permission of the Principal, tea9hers shall be allowed two (2) days leave for the purpose of visiting other schools and attending meetings or conferences of an

educational nature. A written report of the conference or visitation shall be submitted to the Principal when required. The Superintendent or his/her designee may grant up to two (2) additional days per year for visitations and/or conferences. Permission for leave will not be unreasonably withheld.

2. Unpaid Time Off

Upon the teacher's return from leave granted under any of the below circumstances, he/she shall be assigned to the same position held prior to such leave, if such position is available or, when not available, to a substantially equal position.

If the teacher makes a request to return to work earlier than the September following the granting of the leave, the Superintendent or his/her designee will re-employ the teacher for the remainder of the school year in any position in which he/she is certified.

All benefits to which a teacher was entitled at the time his/her leave of absence commenced shall continue upon his/her return.

By February 1, any teacher on a leave of absence under any provision of the below Article, exclusive of military leave, must notify the Superintendent or his/her designee in writing of his/her intention to return to his/her position the next September. Failure to notify the Superintendent or his/her designee may be considered as a resignation.

A. Family Leave

i. At the request of a teacher, a family leave of up to one (1) school year will be granted without salary. An additional year for family leave may be granted if requested by the teacher. Family leave is for the purpose of taking care of a newborn or adopted child as well as for the purpose of taking care of a child with serious illness.

ii. A teacher on family leave may remain in the District's group health and dental insurance. plans by making the payment therefore.

iii. A teacher who takes family leave and specifies the date of return, which shall be within one (1) calendar year of the effective beginning date of such leave, shall have the right to return to a position for which the individual is certified.

iv. The school year in which a teacher is on family leave will not count as a year toward tenure. However, the teacher will be credited with a year's service provided a minimum of ninety-one (91) days is taught.

v. The provisions of this Section shall be in addition to and shall not in any way diminish the rights of bargaining unit members under Chapter 28-48 of the Rhode Island General Laws.

B. Personal Leave

i. Teachers who are requesting leave for personal reasons under provisions of this Section shall notify the Superintendent or his/her designee on or before May 1. Under emergency situations the Committee may grant exceptions to the time requirement.

ii. Any teacher whose personal illness extends beyond the compensated period . will be granted leave of absence for such time as necessary for complete recovery from such illness. The Committee may, at its discretion, require the teacher to provide medical proof of his/her complete recovery.

C. Professional Leave

At the request of a teacher, the Committee may grant professional personal a leave of absence of one (1) year without salary. By mutual agreement, such leave may be extended for one (1) additional year. Upon return, the teacher will be placed on the appropriate step on the salary scale based on his/her teaching experience.

D. Graduate School

Teachers who are applying for graduate school will notify the Superintendent or his/her designee on or.before February 1. The Superintendent or his/her designee will be notified immediately upon acceptance at graduate school, however, ordinarily no leave will be granted unless the acceptance is at least thirty (30) days prior to the opening of school or unless a qualified replacement can be found.

E. Sabbatical

Definition: A sabbatical leave is a privilege granted by the District for the advancement of the District. A sabbatical leave is an important tool in the professional development of qualified teachers.

Desiring to provide incentive to achieve greater .professional performance and encourage independent research and achievement, the Committee hereby maintains a policy of sabbatical leaves for teachers.

Sabbatical leave for teachers may be granted subject to the following conditions:

i. Sabbatical Duration and Remuneration Criteria

a. Teachers shall be granted leaves for a full school year at half salary or one (1) semester leave at full salary and shall receive applicable fringe benefits. Applicable benefits shall be defined in Article 17.

b. Leaves shall not begin and/or end in the middle of Fall or Spring Semesters.

ii. Eligibility

Teachers with at least six (6) full years of active employment within the District shall be eligible for consideration for sabbatical leaves, or six (6) years after return from a previously granted sabbatical leave. Active employment is defined in Articles 7 and 8.

iii. Application Procedure

a. A teacher who desires a sabbatical leave shall apply for leave in writing to the District Evaluation Committee which will act as the Sabbatical Review Board by January 1, or nine months before the school year for which the leave is requested. The Board will vet all sabbatical submissions based on relevance to District goals and length of time since last sabbatical and recommend the _final candidates to the Superintendent or his/her designee.

b. The application for leave shall include a detailed written statement of purpose for the leave. The statement should indicate how the sabbatical leave will bring enrichment to the teacher and the District. The interest of the District, in addition to the professional needs of the teacher shall be a major consideration in granting the sabbatical leave.

c. The statement, in consultation with the immediate supervisor, should include a description of arrangements to cover the teacher's instructional responsibilities and, if applicable, other administrative duties for which he/she is responsible.

d. No more than two (2) teachers may be on sabbatical leave during a school year.

e. Based on the vetting process, at least one (1) teacher will be granted a sabbatical leave, with the opportunity for a second sabbatical based on budgetary considerations.

iv. Approval Process

a. The Board of Review shall submit its recommendations to the Superintendent or his/her designee by January 15.

b. The Superintendent or his/her designee will review all applications and submit his/her recommendations to the Committee for approval.

c. The Committee will ensure that each step of the approval process met the requirements of the guidelines.

d. The Superintendent or his/her designee will notify each applicant as to the disposition of their sabbatical leave request not later than May 15.

v. Changes in Approved Sabbatical Leaves

If a teacher on sabbatical leave finds it necessary or desirable to alter substantially the proposal or academic objectives of the sabbatical leave project, he/she must inform the Superintendent or his/her designee in writing as soon as possible of the reasons for the change and secure the Superintendent or his/her designee's written approval for the revised proposal.

vi. Report on Sabbatical Experience

a. Each applicant who is granted a sabbatical leave is expected to prepare a report after the completion of his/her experience. By no later than the end of the first semester after returning to regular duties, the teacher must file a substantive report with the Superintendent or • his/her designee of his/her work and overall accomplishments during the sabbatical. The Superintendent or his/her designee will evaluate the report for conformity with the sabbatical proposal. Copies of the proposal and the report must be kept on file. The Principal of the school the individual is assigned shall evaluate the sabbatical report as part of the annual evaluation.

b. For twelve (12) month leaves, the staff should also file a mid-year progress report with the Superintendent or his/her designee.

vii. Return from Sabbatical

a. In accepting a sabbatical leave, the teacher agrees to return to the District for at least two (2) years thereafter.

b. The teacher shall agree to return to employment in the District for two (2) school years. Upon such return the teacher shall be placed on his/her appropriate step on the salary schedule as though he/she had not been on leave. If the teacher does not return to his/her teaching position for the required two (2) school years, he/she will reimburse to the District the amount received while on sabbatical leave plus the cost of the applicable fringe benefits. Exceptions to this provision include circumstances such as permanent disability or death, wherein neither the individual nor the heirs shall be obligated to refund any part of the amount paid while on sabbatical.

F. Military Leave

i. Military leave is automatically granted to any teacher who is voluntarily or involuntarily mobilized or performs active duty_ for training (AT) in accordance with State and Federal laws, including the Uniformed Services Employment and Re-employment Rights Act (USERRA) and Veterans Re­ employment Rights Act of 1994.

ii. When scheduling their AT, the teachers shall make every effort to do so during periods when school is not in session.

iii. If a teacher voluntarily enlists or is commissioned for active duty, he/she may serve on active duty for a cumulative total of five (5) years and still be entitled to be re-employed in the position from which he/she left, if a request for re-employment is made in writing within ten (10) days of discharge from active duty or demobilization.

iv. A teacher will be employed in his/her previous position, if available, or assigned to an equivalent position for which he/she is certified and qualified.

G. Peace Corps

A leave of absence without pay of up to two (2) years may be granted to teachers who join the Peace Corps or serve as exchange teachers and are full-time participants in either of such programs and who have completed at least three (3) years of teaching in District. Upon return from such leave, a teacher may be considered as if he/she were actively employed by the Committee during the leave and will be placed on the salary schedule at the level he/she would have achieved if he/she had not been granted leave.