ARTICLE 13--ABSENCES

13.1    Definitions for the purpose of this Article shall be as provided:

            13.1.1 A "serious health condition" is any illness, injury, impairment, or physical or mental condition that either involves inpatient care in a hospital, hospice or residential care facility, or involves continuing treatment or supervision by a health care provider.

            13.1.2 A “family” is defined as the spouse, mother, father, grandmother, grandfather, grandchild, son, daughter, sister, brother, uncle, aunt, niece, nephew, spouse’s “family”, in-laws, any person living in the immediate household of the Member of the Bargaining Unit, or petition to the administration for any other significant relative.

            13.1.3 A “day” shall be any day a Member of the Bargaining Unit is expected to be on duty, only for Article 13.

            13.1.4 A “sick day” is a day granted to a Member of the Bargaining Unit who is unable to work due to personal illness, any medical appointment, injury, or quarantine.

            13.1.5 An “industrial accident or industrial illness” means any injury or illness caused as a result of service for the District, as determined by the Worker’s Compensation.

            13.1.6 A “Sabbatical Leave” is a leave granted to a permanent Member of the Bargaining Unit for formal study or independent study.

13.2    Sick Days

13.2.1 A “sick day” is a day granted to a Member of the Bargaining Unit who is unable to work due to personal illness, any medical appointment, injury, or quarantine.

13.2.2  Each Member of the Bargaining Unit shall be entitled to twelve (12) sick days for each full year of service rendered, plus any amount not taken in previous years.  Such sick days may be taken at any time during the school year in accordance with Education Code Section 44978.

13.2.2.1     If the members of the bargaining unit cumulatively reduce the use of sick/personal necessity days by five (5) percent, the members of the bargaining unit shall receive an additional sick day.

13.2.2.2     An additional sick day will be granted to members of the bargaining unit if they cumulatively reduce the use of sick/personal necessity days by another five (5) percent (total of 10%).

13.2.2.2.1 The absentee rate base will be based on the 2002-2003 school year, calculated the last day of school for the 2002-2003 school year.

13.2.3 Members of the Bargaining Unit using sick days shall receive their regular salary.

13.2.4 In the event of three or more consecutive days of absence due to illness during the school year, the District may require a statement from a physician/state licensed health care practitioner, certifying the illness.

            In the event that all accumulated sick days have been used, the District may require a statement from a physician/state licensed health care practitioner, certifying the illness for every day missed.

13.2.5 Upon exhaustion of all accumulated sick leave, a Member of the Bargaining Unit who would otherwise qualify for sick leave under provisions of this Article, shall receive, for up to one hundred (100) days, the difference between his/her pay and the amount actually paid a substitute(s) or if no substitute has been employed, the amount equal to his/her regular pay less the cost of a daily substitute(s).

13.2.6  A new Member of the Bargaining Unit of the District, who has been a certificated employee of another public school district in California for one year or more, may request, in writing, the transfer of any accumulated unused sick leave from the former district to the Victor Valley Union High School District.  Such notice shall be filed during the first year of employment in Victor Valley Union High School District.

13.3   Industrial Accident and Industrial Illness Leave

13.3.1 An industrial accident or industrial illness as used in this agreement means any injury or illness caused as a result of service for the District, as determined by the Worker’s Compensation.

13.3.2 A Member of the Bargaining Unit shall be entitled to up to a maximum of sixty (60) days of paid leave of absence as a result of an industrial accident or industrial illness.

13.3.3 The total of the Member of the Bargaining Unit’s temporary disability indemnity and the portion of salary due to the Member of the Bargaining Unit during this absence shall at least equal the Member of the Bargaining Unit’s full salary.

13.3.4 The Member of the Bargaining Unit shall be deemed to have recovered from an industrial accident or industrial illness and thereby able to return to work at such time as the Member of the Bargaining Unit’s physician/state licensed health care practitioner so states and that statement is accepted by Worker’s Compensation.

            13.3.5 For any Member of the Bargaining Unit who is absent as a result of an industrial accident or industrial illness, the benefits provided in this section are to be used prior to and separate from sick day benefits.  The District shall not deduct sick days for a period not to exceed sixty (60) days for any Member of the Bargaining Unit who is absent as a result of an industrial accident or industrial illness.

13.3.6 All industrial accident or industrial illness incident should be reported as soon as possible.

13.3.7 The District’s report of an industrial accident or industrial illness shall be kept on file in the District Business Office.

13.4    Personal Medical Leave

13.4.1 The District shall provide a Member of the Bargaining Unit, upon written request, unpaid Personal Medical Leave in accordance with this Article.

13.4.2 Medical Leave shall be granted in the event of a “serious health condition” as defined in Article 13.1 of the Member of the Bargaining Unit.

            13.4.3 Each Member of the Bargaining Unit will be, when practicable, returned to the same position held prior to the Personal Medical Leave.

13.4.4 Such leave granted under Article 13.4.1 may be for a period of up to one (1) year, and may be renewed upon request.  Said request must be submitted prior to March 1^st.

13.4.5 A Member of the Bargaining Unit who has been granted a Personal Medical Leave may participate in District approved insurance programs provided the Member of the Bargaining Unit pays the necessary premiums for such insurance programs.

13.5      Maternity Leave

13.5.1 The District shall provide for leave of absence without pay from duty for any Member of the Bargaining Unit who is required to be absent from duties because of the Member of the Bargaining Unit's pregnancy, miscarriage, childbirth and recovery therefrom. Members of the Bargaining Unit may use accumulated sick days in lieu of this leave.

13.5.2 The length of the leave of absence, including the date on which the leave shall commence and the date on which the Member of the Bargaining Unit shall resume duties, shall be determined by the Member of the Bargaining Unit’s physician/state licensed health care practitioner.

13.5.3 Disabilities caused by or contributed to the Member of the Bargaining Unit’s pregnancy, miscarriage, childbirth, and recovery therefrom are temporary disabilities. These shall be treated as sick days.

13.5.4 The Member of the Bargaining Unit shall be allowed to be selected for a training program related to reassignment or promotion during the Member of the Bargaining Unit’s maternity leave.

13.6    Child Rearing Leave

            13.6.1 Upon written request, the District may provide a Member of the Bargaining Unit, who is a natural or adopting parent, unpaid leave of absence for the purpose of rearing the Member of the Bargaining Unit's infant/child.

            13.6.2 Such leave granted under Article 13.6.1 shall remain in effect no longer than the end of the second semester following the birth/adoption of the child.

            13.6.3 When requesting Child Rearing Leave, the Member of the Bargaining Unit shall notify the District as soon as possible of the anticipated date on which the leave is to commence.

            13.6.4 Each Member of the Bargaining Unit will be, when practicable, returned to the same position held prior to the Child Rearing Leave.

            13.6.5 A Member of the Bargaining Unit who has been granted a Child Rearing Leave may participate in District approved insurance programs provided the Member of the Bargaining Unit pays the necessary premiums for such insurance programs.

13.7    Family Care Leave

13.7.1 The District shall provide a Member of the Bargaining Unit, upon written request, unpaid Family Care Leave in the event of a “serious health condition” of the Member of the Bargaining Unit’s “family” as defined in Article 13.1.

13.7.2 A Member of the Bargaining Unit’s eligibility for leave under this Article shall not be affected by entitlement, or lack thereof, of another person of the Member of the Bargaining Unit’s family to any leave benefit under any statue or any employment.

            13.7.3 Members of the Bargaining Unit may use accumulated sick days in lieu of this leave.

            13.7.4 Such leave granted under Article 13.7.1 shall remain in effect no longer than the end of the contracted year following the commencement of the leave.

13.7.5  A Member of the Bargaining Unit who has been granted a Family Care Leave may participate in District approved insurance programs provided the Member of the Bargaining Unit pays the necessary premiums for such insurance programs.

13.8      Family Medical Leave Act

A regular certificated employee who has more than 1250 hours of continuous service with the district shall, upon request, be granted a family care leave of up to twelve (12) weeks of unpaid leave in a twelve (12) month period coinciding with the district’s fiscal year.  Intermittent of not less than one hour may be taken.  Benefits will continue during this period.

13.9      Bereavement Leave

Each Member of the Bargaining Unit shall be entitled to five (5) days of paid of absence, upon the death of any member of the Bargaining Unit Member's “family” as defined Article 13.1.2.  This leave shall not be deducted from sick leave (Ed Code 44985).  The district may, at its discretion, require verification of the death.

13.10  Personal Necessity

13.10.1            “Personal Necessity” is defined as circumstances that require a Member of the Bargaining Unit’s personal attention. This does not include vacations; rendering paid service, or working with or without remuneration either for oneself or for anyone else (Ed Code 44981).

13.10.2            The District agrees that any days of leave of absence may be used by the Member of the Bargaining Unit at their election, not to exceed seven (7) days of accumulated sick leave benefits per school year for the purpose of Personal Necessity.  Prior notification shall be made to the site administrator or designee whenever possible.

13.10.3            Under extraordinary circumstances, additional Personal Necessity days may be requested of the site administrator with final approval granted by the Superintendent or designee.  Proof of extraordinary need may be required.  Additional Personal Necessity days would come from accumulated sick days.

13.11 Jury Duty/Witness Leave

13.11.1 Members of the Bargaining Unit shall be granted leave, without loss of pay, to appear in court as a witness, other than as a litigant, to respond to an official order from authorized government agencies, or to serve as a juror.  Upon dismissal as a witness or a juror, the Member of the Bargaining Unit must report the next duty day and present proof of jury service or court summons to appear as a witness.  If a Member of the Bargaining Unit is released from Victorville jury duty with 50% of the assigned duty day remaining, it is anticipated that the Member of the Bargaining Unit will make an attempt to return to his/her site.

           13.11.2            Any compensation, less any mileage expenses, received for appearance as a witness or from serving as a juror under this section shall be endorsed over to the District. The Member of the Bargaining Unit's compensation for any days of absence for the above purposes shall not be in excess of or less than her/his regular pay.

13.12  Catastrophic Leave

Catastrophic illness or injury shall mean an illness or injury that is expected to incapacitate the Member of the Bargaining Unit for an extended period of time, or that incapacitates a member of the Member of the Bargaining Unit’s immediate family.  This incapacity requires the Member of the Bargaining Unit to take time off from work for an extended period of time to care for that family member which creates a financial hardship for the Member of the Bargaining Unit because the Member of the Bargaining Unit has exhausted all sick days.

13.13  Sabbatical Leave

13.13.1             A Sabbatical Leave is a leave granted to a permanent Member of the Bargaining Unit for formal or independent study.

13.13.2             Sabbatical Leave may be granted for not less than one (1) nor more than two (2) semesters, and must be completed within three (3) years after the initial part of the leave has commenced.

13.13.3             A Member of the Bargaining Unit under the age of sixty three (63) who has completed seven (7) consecutive years of certificated service in the District may apply for Sabbatical Leave.  Only one such leave will be granted in each seven (7) year period.  Applications for Sabbatical Leave may be filed not later than December 1^st of the year proceeding the school year in which the Sabbatical Leave is intended.  Applications will be evaluated after December 1^st, by an appointed committee.  Applicants will be notified by March 1^st.

13.13.4             Not more than two (2) percent (rounded to the next highest whole number) of the certificated Members of the Bargaining Unit of the District may be on Sabbatical Leave in any one year.  If the number of eligible applicants exceeds two (2) percent, selection shall be made on the basis of District-wide seniority.

13.13.5             A Member of the Bargaining Unit on Sabbatical Leave shall receive fifty (50) percent of the salary the Member of the Bargaining Unit would have received on regular, full time duty in the District.  During the term of the Sabbatical Leave, all benefits will remain the same as for the other Members of the Bargaining Unit.

13.13.6             Any Member of the Bargaining Unit who is granted a Sabbatical Leave shall file a bond with the District, which shall enable the District to reclaim any remuneration granted the Member of the Bargaining Unit while on leave in the event that Member of the Bargaining Unit does not return to the district for a period of at least twice the period of the leave.  In the event of physical disability or death whereby the Member of the Bargaining Unit is rendered unable to perform such period of service, the Member of the Bargaining Unit will be exonerated from the forfeiture of such bond.

13.13.7 While on Sabbatical Leave, while on Sabbatical Leave, the Member of the Bargaining Unit shall receive their salary warrant in the same manner as other Members of the Bargaining Unit.

13.13.8             Each Member of the Bargaining Unit shall be, when practicable, returned to the same position held prior to the Sabbatical Leave.

13.13.9             A Member of the Bargaining Unit returning from Sabbatical Leave shall receive the same progressive advancement on the salary schedule as the Member of the Bargaining Unit would have received had he/she not taken the leave.

13.13.10 A period of Sabbatical Leave does not affect retirement status, providing the Member of the Bargaining Unit’s full time retirement STRS contribution is deducted from the Sabbatical warrant.  The District shall, when the Member of the Bargaining Unit requests in writing, pay into STRS the percentage required as if a full salary were paid.

13.13.11 Each Member of the Bargaining Unit who has been on Sabbatical Leave shall provide a written report no later than thirty (30) days after return from leave.  The report will contain a detailed journal of the activities, a professional evaluation of the experience, and any other data necessary for a satisfactory report.  The Member of the Bargaining Unit shall not be considered as having completed the requirements of Sabbatical Leave until the Board of Trustees has approved this report.

13.14  Military Leave

A Member of the Bargaining Unit shall be entitled to any Military Leave provided by law and shall retain all rights and privileges granted by law arising out of the exercise of military leave (Government Code 3543.2, Ed Code 44962-44988).

13.15 Status of Leaves

13.15.1            The period of Leaves shall not be considered a break in service for the Member of the Bargaining Unit and, upon return to the District from the leave, the Member of the Bargaining Unit shall have no less seniority than he/she had when the leave commenced.  Upon return to the District from a leave, the Member of the Bargaining Unit shall be restored to the same column and step (exception Article 13.12.9) and, when practical, to the same teaching position held prior to the leave.

13.15.2            A Member of the Bargaining Unit may request participation in optional benefit programs such as early retirement.

13.15.3            A leave under Article 13 shall run consecutive to, not concurrent with, other leaves available to the Member of the Bargaining Unit not to exceed three (3) years total time.

13.15.4            A leave under Article 13 shall terminate whenever the Member of the Bargaining Unit returns to the District following written notice.