ARTICLE 9:  LEAVE PROVISIONS
9.1  The benefits which are expressly provided by this section, Article 9, are the sole benefits which are part of this collective agreement, and it is agreed that permissive statutory or regulatory leave benefits are not incorporated either directly or impliedly in this Agreement.  Normal verification of proper use of leave shall be the indication of the type of leave used and the signing of a District-provided form.  In the event there exists sufficient reason, as determined by management, to suspect abuse of leave provisions, the District may require further verification of the legitimate use of such leave.
9.2  Personal Illness and Injury Leave
9.2.1  Full-time unit members shall be entitled to ten (10) days leave with full pay for each school year for purposes of personal illness or injury.  Unit members who work less than full time shall be entitled to that portion of the ten (10) days leave as the number of hours per week of scheduled duty relates to the number of hours for a full-time unit member in a comparable position. 
9.2.2  After all earned leave as set forth in 9.2.1 above is exhausted, additional leave benefits shall be available for a period, not to exceed five (5) school months, provided that the provisions of 9.2.4 below are met.  The amount deducted for leave purposes from the unit member's salary shall be the amount actually paid a substitute employee employed to fill the position during the leave or, if no substitute is employed, the amount which would have been paid to substitute.  The five (5) month period shall begin immediately after exhaustion of the unit member's entitlement to current and accumulated sick leave.  An employee shall not be provided more than one five-month period per illness or accident.  However, if a school year terminates before the five-month period is exhausted, the employee may take the balance of the five-month period in a subsequent school year.
9.2.3  If a unit member does not utilize the full amount of leave as authorized in 9.2.1 above in any school year, the amount not utilized shall be accumulated from year to year.
9.2.4  Upon request by District management, a unit member shall be required to present a medical doctor's certificate verifying absences for personal illness or injury.  However, the District shall not require such medical verification unless there exists sufficient reason, as determined by management, to suspect an abuse of sick leave.
       9.2.4.1 If the illness or injury exceeds ten (10) consecutive days the District may require, at District expense, a unit member to visit a certified medical specialist who shall make all necessary inquiries in order to be fully informed as to the nature and severity of the illness or injury, and to report such findings to the superintendent or designee.  If the report concludes that the absence is not due to personal illness or injury, or that the illness is not sufficiently severe to warrant continued absence, then the superintendent or designee, after notice to the unit member, may refuse to grant such leave.  The medical examination to return to work shall be at District expense when the District management selects the medical doctor.
9.2.4.2  If requested by theDistrict management, a unit member shall not return to work until he/she submits a medical doctor's authorization to return to work.  When the District selects the medical doctor for examination to determine the unit member's fitness to return to work, the unit member to be examined shall be offered a choice of one of three medical doctors.
9.2.5  Whenever possible, a unit member shall contact his/her immediate supervisor or his/her designee as soon as the need to be absent is known, no later than one and one-half hour prior to the workday, to permit the employer time to secure a substitute's service.  Failure to provide adequate notice may be grounds for disciplinary action.
9.2.6  A unit member who is absent for less than a full day shall be charged for no less than one (1) hour of sick leave.  For purposes of sick leave records, a unit member who is absent any portion of an hour will be charged 1/6 of a day's sick leave; between one (1) and two (2) hours, 2/6; between two (2) and three (3) hours, 3/6; between three (3) and four (4) hours, 4/6; between four (4) and five (5) hours, 5/6; between five (5) and six (6) hours, a full day.
9.2.7  A unit member shall notify the District of his/her intent to return to work at least one (1) hour prior to the start of the workday.  In the event a unit member, without good reason as determined by management, fails to give such notice, he/she may be liable for the cost of a one-half day substitute unless the substitute can otherwise be utilized in a classroom situation which requires the services of a substitute teacher.
9.2.8  Three (3) days of accumulated sick leave may be utilized by a unit member in addition to that allowed under Article 9.3.2 in the event that the unit member's presence is required for the care of the unit member's dependent(s) necessitated by serious illness or injury.
9.3  Personal Necessity Leave
9.3.1  Leave which is credited under 9.2.1 of this Article may be used, at the unit member's election, for purposes of personal necessity; provided that use of such personal necessity leave does not exceed ten (10) days in any school year. 
9.3.2  For purposes of this provision, personal necessity shall be limited to:  (a) Death or illness of a member of the unit member's immediate family as defined in Article 9.4.2; (b) an accident which is unforeseen or an impending disaster involving the unit member's person or property, or the person or property of a unit member's immediate family; or (c) other personal necessities which are allowed with the prior approval of the superintendent or designee, provided that under no circumstances shall leave be available for purposes of personal convenience or for the extension of a holiday or a vacation period, for matters which can be taken care of outside the work hours, or for recreational activities. 
9.3.3  Notwithstanding the provisions of 9.3.2, unit members shall be permitted to use two (2) days of personal necessity each school year so long as such absence is not directly or indirectly related to considering, planning or engaging in illegal work stoppages or slowdowns.  Members of the unit may not take leave authorized under this section during the first and last two (2) teaching days of each semester/trimester/term.
9.3.3.1  Unit members who desire to use the two days of personal necessity under this section must request, in writing, advance approval from the district superintendent or designee.  The request shall not indicate the specific reason for the desired use of the two days of personal necessity leave.  Such verification shall contain a statement assuring that any personal necessity leave use was not related to a work stoppage or slowdown.
9.3.3.2  In order to assure the efficient operation of the school district, a limit of 3% of all unit members shall be permitted to utilize personal necessity under section 9.3.3 on any given day.  This limit may be exceeded at the discretion of the superintendent/designee.
9.3.4  Before the utilization of personal necessity leave, a unit member must obtain prior written approval from the appropriate management person except in cases of (a) and (b) in section 9.3.2 above.  Should the circumstances outlined in (a) and (b) arise, the employee shall make every reasonable effort to comply with District procedures to enable the District to secure a substitute.
9.3.5  Under all circumstances a unit member shall verify in writing that the personal necessity leave was used only for purposes as set forth in 9.3.2 and 9.3.3 above.
9.4  Personal Business Leave
9.4.1  Unit members shall be entitled to up to a maximum of three days of Personal Business Leave each year subject to the following conditions contained in 9.4.2 - 9.4.5.
9.4.2  To be eligible for Personal Business Leave in any given year, the unit member must have at least 180 hours of earned accumulated unused sick leave in the year in which the request is made.
9.4.3  Unit members must receive prior written approval from the Assistant Superintendent of Human Resources or designee on the appropriate District form.
9.4.4  The Personal Business Leave may not be directly or indirectly related to considering, planning or engaging in any concerted activities prohibited under Article 15 of this agreement.  Unit members may not take leave authorized under this section during the first or last two (2) teaching days of each semester/trimester/term.
9.4.5  The District shall deduct from the unit members's salary the amount actually paid to a substitute during the leave, or if no substitute is employed, the amount that would have been paid a substitute at the rate authorized by Board Policy.
9.5  Bereavement Leave
9.5.1  A unit member shall be entitled to a maximum of three (3) days of leave of absence, or if travel is required in excess of 350 miles, five (5) days of absence, without loss of salary on account of the death of any member of his/her immediate family.
9.4.2  For purposes of this provision, an immediate family member shall be limited to mother, father, foster mother, foster father, grandmother, grandfather, or a grandchild, domestic partner or spouse of the employee; and the spouse, son, foster son, son-in-law, daughter, foster daughter, daughter-in-law, brother or sister, aunt or uncle, mother-in-law, father-in-law, sister-in-law, and brother-in law of the employee or any person living in the immediate household of the employee.
9.6  Leave for Pregnancy Disability
9.6.1  Unit members are entitled to use sick leave as set forth in 9.2.1 and 9.2.2 for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom, on the same terms and conditions governing leaves of absence for other illness or medical disability.  Such leave shall not be used for child care, child rearing, or preparation for childbearing, but shall be limited to those disabilities as set forth above.  The length of such disability leave, including the date on which the leave shall commence and the date on which the duties are to be resumed, shall be determined by the unit member and the unit member's physician.
9.6.2  Unit members are entitled to leave without pay and without any other benefits for disabilities because of pregnancy, miscarriage, childbirth, or recovery therefrom, when sick leave as set forth in 9.2.1 and 9.2.2 above has been exhausted.  The date on which the employee shall resume duties shall be determined by the unit member on leave and the unit member's physician.
9.6.3  The unit member on leave for pregnancy disability shall be entitled to return to the same position, if vacant, or otherwise to a similar vacant position for which the employee is legally qualified.
9.7  Leave Without Pay for Childbearing Preparation and Child Rearing
9.7.1  Leave without pay and without any other benefits may be granted to a unit member for preparation for childbearing and child rearing for both a parent and an adopting parent for the purpose of rearing his or her infant.
9.7.2  The unit member shall request such leave as soon as practicable, but under no circumstances less than forty (40) workdays prior to the date on which the leave is to begin.  Exceptions to this requirement may be granted at the discretion of the superintendent.  Such request shall be in writing and shall include a statement as to the dates the employee wishes to begin and end the leave without pay.
9.7.3  The determination as to the date on which the leave shall begin and the duration of such leave shall be made at the discretion of the superintendent when considering the scheduling and replacement problems of the District.
9.7.4  The duration of such leave shall consist of no more than twelve (12) consecutive months and shall automatically terminate on June 30 in the school year in which such leave is granted.  An extension of leave may be granted, not to exceed an additional twelve (12) months.
9.7.5  The unit member is not entitled to the use of any accrued sick leave or other paid leave while such employee is on childbearing preparation leave or leave for child rearing, whether or not the illness or disability is related to a pregnancy, miscarriage, childbirth, or recovery therefrom.
9.7.6  There shall not be a diminution of employment status for childbearing or child rearing except that no person shall be entitled to compensation, increment, nor shall the time taken for such purposes count toward credit for probationary teachers in earning permanent status.
9.7.7  If an employee is on leave for childbearing or child rearing and in the event of a miscarriage or death of a child subsequent to childbirth, the unit member may request an immediate assignment to a unit position.  If there is a vacancy for which a unit member is qualified, the District will assign the employee to a position as soon as practicable.
9.7.8  The unit member on leave, pursuant to Section 9.6, shall be entitled to return to the same position, if vacant, or otherwise to a similar vacant position for which the employee is legally qualified.
9.8  Industrial Accident Leaves
9.8.1  Unit members will be entitled to industrial accident leave according to the provision in Education Code Section 44984 for personal injury which has qualified for workers' compensation under the provisions of the Self Insurance Program for Employees.
9.8.2  Such leave shall not exceed sixty (60) days during which the schools of the District are required to be in session or when the employee would otherwise have been performing work for the District in any one fiscal year for the same industrial accident.
9.8.3  At District expense, the District has the right to have the unit member examined by a physician designated by the District to assist in determining the length of time during which the unit member will be temporarily unable to perform assigned duties and the degree to which a disability is attributable to the injury involved.
9.8.4  For any days of absence from duty as a result of the same industrial accident, the unit member shall receive wage loss benefit check from the Self Insurance Program for Employees which would result in a total compensation from both sources not to exceed 100 percent of the amount the unit member would have received as salary had there been no industrial accident or illness.
9.8.5  The workers' compensation check(s) shall be sent directly to the district, payable to the district, and the amount of the check will be deducted from the employee's gross salary on the next payroll check. 

9.9  Judicial Leave
9.9.1  Unit members will be provided leave for regularly called jury duty and to appear as a witness in court, other than as a witness to any judicial action against the Yucaipa-Calimesa Joint Unified School District, or other than as a litigant, for reasons not brought about for the convenience or through the misconduct of the unit member.  The unit member shall submit a written request to the associate superintendent, human resources/administrative services for an approved absence no later than ten (10) days prior to the beginning of the leave or when called to jury duty.
9.9.1.1  Unit members shall be provided release time when called to appear as a witness in litigation resulting from his/her performance of duties as a regular employee of the District.
9.9.2  Unit members will be released from assignments in sufficient time to travel to jury duty.  Unit members shall return to their work assignments when released from jury duty in the event the time of such release is before l2:00 noon.
9.9.3  Unit members will provide the District with verification of the dates and times of jury duty by submitting a report of actual service signed by the clerk of the court.  This verification shall be attached to the "District Report of Absence."
9.9.4  The unit member, while serving jury duty, will receive pay in the amount of the difference between the unit member's regular earnings and any amount received for jury service, excluding mileage payments.
9.10  Sabbatical Leaves
Upon recommendation by the superintendent, sabbatical leaves may be granted by the Board of Education to members of the unit for academic study in the member's major or minor teaching field or for course work which will result in an additional credentialed teaching area or for fellowships, National Institute or equivalent activities which are directly related to the educational field in which the applicant is involved.  The Board of Education shall have complete discretion on the final decision regarding who and how many applicants shall receive a sabbatical leave.  Each year at least one (1) sabbatical leave shall be granted up to a maximum of one percent (1%) of the certificated personnel of the district, provided qualified applicants are available.
9.10.1  Time Granted
Such leave shall not be granted for less than nor more than one (1) school year.
9.10.2  Performance of Services
9.10.2.1  The employee is only required to perform academic study or activities required within the fellowship, National Institute or project agreed to in his/her approved application.
9.10.2.2  Certificated employees brought in for special employment by the district while on sabbatical leave must have prior approval of the assignment by the superintendent/designee.
9.10.3  Application Procedures
9.10.3.1  An employee who has completed seven (7) consecutive, full school years of service within the Yucaipa-Calimesa Joint Unified School District is eligible to apply for sabbatical leave.  Teachers eligible for the sabbatical leave must meet or exceed expected level of performance overall on his/her most recent evaluations.
9.10.3.2  A member of the unit applying for a sabbatical leave shall complete the proper application form and submit it to the Human Resources Office on or before the first duty day in January of the school year prior to the school year for which the proposed leave is being requested.  Exceptions to this deadline date requirement may be made at the discretion of the superintendent/designee for extenuating circumstances as determined by the superintendent/designee.
9.10.3.3  A request for sabbatical leave for study shall include the name of the fully accredited institution which will be attended, the number of units which will be carried, the type of courses which will be taken, and the additional teaching competency which will be attained, if applicable.  (Additional information may be requested by the district.)  The planned program shall consist of not less than twenty-four (24) semester units or equivalent quarter units of upper division or graduate level work in the unit member's credentialed teaching field(s) or in the additional field of teaching competency being sought.  The planned program will specifically include the application of the teaching trategies that will enhance student learning required in each of the California Standards for the Teaching Profession:
A.  Engaging & Supporting All Students in Learning.
B.  Creating/Maintaining Effective Environments for Student Learning.
C.  Understanding & Organizing Subject Matter for Learning.
D.  Planning Instruction/Designing Learning Experiences for Students.
E.  Assessing Students' Learning.
F.  Developing as a Professional Educator.
In the case of a fellowship, National Institute or project, full details will be given regarding sponsor, activities/coursework to be accomplished, and relationship to the applicant's professional field.
9.10.3.4  The superintendent shall review the applications and forward a recommendation to the Board of Education.  The Board of Education shall have sole discretion to grant or deny such leave requests.
9.10.3.5  The superintendent or his designee shall notify the applicant of the Board of Education's action no later than the end of March.
9.10.4  Conditions for Sabbatical
9.10.4.1  A member on sabbatical leave shall be paid by the employer at fifty percent (50%) of the rate of salary he/she would have received during the year of the individual's sabbatical leave.
9.10.4.2  A member on sabbatical leave shall be entitled to all the health and welfare benefits contained in this Agreement.
9.10.4.3  Upon application for sabbatical leave, the employee agrees to return to service in the district for not less than a term of twice the period of time of the leave.  At the end of the sabbatical leave period, with prior Board approval, the employee may delay his/her return by applying for another type of leave as provided by this Agreement.
9.10.4.4  The employee shall be required to furnish a suitable bond indemnifying the governing board against loss in the event that the employee fails to return to service in the district or that he/she fails to complete the required service obligation.
9.10.4.5  In the event the employee cannot meet the requirements stated on the sabbatical leave application approved by the Board because of illness or injury, the leave shall be terminated and the employee placed on sick leave.  All provisions of the sick leave policy shall apply to the employee.  The employee shall verify inability to continue the sabbatical.  In the event of the employee's death, no repayment of salary shall be required of his/her estate unless provided for in the bonding agreement.
9.10.5  Return from Sabbatical
9.10.5.1  Within forty-five (45) days after returning from sabbatical leave, the employee shall be required to furnish the Human Resources Office with university/college transcripts verifying academic work taken and/or documents indicating additional teaching competency(ies), or a complete report of activities accomplished in conformance with the approved sabbatical proposal.
9.10.5.2  Years of experience on salary schedule for the purpose of advancement shall be granted according to the length of the sabbatical leave and shall apply in a prorated manner toward retirement.
9.10.5.3  All approved academic credits earned by an employee on leave are applied, upon his/her return to teaching, to his/her group classification on the salary schedule.
9.10.5.4  Upon return from sabbatical leave, the employee shall, unless he/she agrees otherwise, be reinstated in the same position he/she left if that position still exists.  If the same position does not still exist, the employee shall be placed in a similar vacant position for which the employee is legally qualified.
9.11  Other Leaves Without Pay
9.11.1  Upon recommendation of the superintendent and approval by the Board of Education, leave without compensation, without increment, or tenure credit may be granted for a period of from one to three years. Requests must be submitted by March 15.  This deadline may be waived at the discretion of the Board.
9.11.2  The application for and granting of such leaves of absence shall be in writing.  In addition, a unit member on such leave shall notify the District personnel office by March 15 of the school year during the last year of the leave as to an intent to return to employment in the District.
9.11.3  A personal leave of absence without remuneration for not more than three (3) days may be awarded administratively and at the discretion of the superintendent/designee.  The purpose may be to transact urgent personal business which could not otherwise be performed during the normal workday.
9.11.4  Employees receiving a disability allowance from the State Teachers' Retirement System may be placed on an unpaid leave status for the duration of the receipt of such allowance or to age 60.  They may be reinstated based upon certification of ability to return to work.
9.12  Flexible Scheduling
9.12.1  Unit members teaching an on-track assignment will be permitted to exchange a maximum of four (4) instructional days not to exceed two (2) instructional days at any one time with an off-track unit member.  Three consecutive days may be exchanged if the same unit member fills the position for all three days.
9.12.2  The district shall be notified by the on-track unit member five (5) instructional days prior to the exchange period.  All exchanges must be completed within one (1) fiscal year.  The district will be held harmless if the exchange of teaching is not accomplished.
Such arrangements shall not impact other leaves set forth elsewhere in the Agreement.
9.13  Catastrophic Sick Leave Bank
The District and the Association shall maintain a Catastrophic Leave Bank which will be in compliance with Education Code Section 44043.5.
9.13.1  Catastrophic illness/injury shall be defined as those categories (exclusive of stress) generally accepted by medical insurance carriers.  Bargaining unit members who suffer a catastrophic injury/illness that is expected to incapacitate the unit member for an extended period of time (in excess of ten (10) days), shall become eligible to use this catastrophic sick leave plan subject to the restrictions and conditions outlined below:
9.13.1.1  The unit member to receive donated sick leave must have exhausted all fully paid leave and must be in a true catastrophic condition.
9.13.1.2  In the event of a catastrophic illness as defined in 9.13.1 above, the following options shall be utilized in the following order:  (1) unit member's accumulated sick leave; (2) authorized catastrophic leave; (3) five (5) months differential leave; and (4) thirty-nine (39) months reemployment list.
9.13.1.3  The unit member must be a permanent, not probationary, employee.
9.13.2  The use of this Sick Leave Bank shall only be available to those eligible bargaining unit members who have made a donation of at least three (3) days to the Bank prior to their request, and have continued participation under Section 9.13.5.
9.13.3This donation shall be irrevocable.  The unit member shall file an irrevocable "Certificated Sick Leave Bank Deposit Form" with the Payroll Office.  A donation to the Sick Leave Bank shall be a general donation and from prior years' accumulations, and shall not be donated to a specific unit member for his/her exclusive use.
9.13.4  There is no limit to the number of sick leave days a unit member may donate to the Sick Leave Bank, so long as the minimum number of accumulated sick leave days available in the unit member's account does not fall below ten (10 days or 72.5 hours).
9.13.5  An additional day of contribution will be required of participants if the number of days in the Bank falls below 100.  Unit members who are drawing from the Bank at the time of the assessment will not be required to contribute to remain eligible to draw from the Bank.  If a participant has ten (10) or less days of remaining sick leave at the time of the assessment, they need not contribute the additional day to remain a participant in the Sick Leave Bank.
9.13.6  Leave from the Bank may not be used for illness or disability which qualified the unit member for Worker's Compensation benefits unless he/she has exhausted all Worker's Compensation leave, and his/her own sick leave.
9.13.7When the unit member may reasonably be presumed to be eligible for disability retirement under STRS or, if applicable, Social Security, he/she may be requested to apply for such retirement.  Failure of the unit member to submit a complete application, including medical information provided by the applicant's physician, within twenty (20) working days will disqualify the unit member from further Sick Leave Bank payments.
9.13.8Eligible bargaining unit members may join the Sick Leave Bank during the annual open enrollment period (July 1  October 1) only.
9.13.9  Cancellation of membership in the Bank occurs automatically whenever a unit member fails to make his/her assessment contribution under Section 9.12.5.  The unit member shall not be eligible to draw from the Bank as of the effective date of cancellation.  Sick leave previously authorized for contribution to the Bank shall not be returned if the unit member effects cancellation.
9.13.10  A unit member wishing to use this Sick Leave Bank shall submit a "Certificated Sick Leave Bank Request for Withdrawal Form."  This form shall be submitted to the Human Resources Office.  The request shall clearly state the details of the catastrophe and the amount of sick leave requested.  Appropriate written verification of the catastrophic illness or injury must be included with the request.  The unit member should be prepared to provide additional documentation on the nature and severity of the illness or injury, if requested.  A Sick Leave Bank Committee shall consider the request of the unit member.  The committee shall consist of one (1) person selected by the Employer as a recordkeeper and three (3) other members selected by the Association.  The committee may grant, reject or partially grant a request.  Approval shall require a majority vote of the Association members.  Any rejection of a request may be appealed to the Y-CEA Executive Board for final action and decision.  The timelines for filing an appeal shall be twenty (20) working days following the receipt of the decision of the committee.
9.13.11  The maximum number of duty days allowed to be utilized by one unit member for a single catastrophic injury/illness shall not exceed thirty (30) duty days.  A unit member may request a specific number of days on one "Certificated Sick Leave Bank Request for Withdrawal Form."  The unit member may request additional days up to the thirty (30) days by filing an additional request for consideration by the Committee.
9.13.12  Any days approved that are unused by the unit member shall be returned to the Catastrophic Sick Leave Bank.
9.13.13  If a unit member uses a day from the Sick Leave Bank, pay for that day shall be the same rate the unit member would have received had the unit member worked that day.  No distinction shall be made as to the differing pay rates of the donors or recipients.
9.13.14  During September of each year, the Payroll Office shall provide the Association a statement outlining the number of days available in the Bank as of September 1 of that year and the number of days used in the previous fiscal year.
9.13.15  Hold Harmless
The Association agrees that it will not file, on its own behalf or on behalf of any unit member, any grievance, claim or lawsuit of any kind related to any attempt by a unit member to retrieve donated sick leave used by another unit member pursuant to this provision.  The Association also agrees that it will not file, on its own behalf or on behalf of any unit member, any grievance, claim or lawsuit of any kind which attempts to challenge in any way the legality or enforcement of this provision.
The Association agrees to defend, indemnify and hold harmless the District from any loss or damages arising from the implementation of this provision.
In the event of any grievance, claim or lawsuit challenging the legality or enforcement of this provision, the District may terminate this provision upon discussion and written notice to the Association.
9.13.16  If the Sick Leave Bank is terminated for any reason, the days remaining in the Bank shall be equitably distributed to the then current members of the Bank.

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