4.0 Leaves
4.1 Absences and Conditions Regulating Absences - General Provisions
4.1.1 A Unit Member may be absent from work during required periods of
service, providing the applicable policies and procedures as stated in this
article have been properly implemented.
4.1.2 Absence for any other reason shall constitute an "unauthorized absence."
Unit Members shall not be entitled to salary compensation during periods
of unauthorized absence from work during required periods of service.
4.1.2.1 Unit Members on “unauthorized absence” for a period longer
than 30 days shall be responsible for reimbursing the District for
health benefits expense for the month(s) of the unauthorized
absence.
4.1.3 Except in an emergency (such as injury or illness in one’s immediate
family or serious damage to one’s property), the Unit Member must notify
his/her immediate supervisor in advance of the intent to be absent so that
students can be notified.
4.1.4 Injury and illness involving Unit Members (or absence from class for any
reason): A Unit Member who is unable to report for duty is required to
notify his/her immediate supervisor each day by 8 a.m. if possible. If a
Unit Member becomes ill or an emergency arises during the day, he/she
should notify the immediate supervisor if it becomes necessary to leave
campus.
4.1.5 Upon return to duty, the Unit Member shall complete and file with the
immediate supervisor a "Report of Absence" for all contract days, or
portions of contract days missed. The immediate supervisor will sign and
forward the form to the Human Resources Office.
4.2 Sabbatical Leaves
4.2.1 Annually, sabbatical leaves shall be granted to eligible Unit Members
(refer to Article 27.4) for the purpose of carrying out an approved program
of study or travel which will enable the Unit Member to provide improved
service to the District and its students. Consideration will be given to
programs which involve one or more of the following categories:
• Advanced academic study;
• A professional study project or travel itinerary which constitutes an
organized program with clear objectives;
• Study through work experiences which enable professors to respond to
changing educational conditions and student needs.
4.2.1.1 Unit Members not excluded by Article 27.4 who have
satisfactorily completed at least six (6) consecutive years of
full-time service in this District will be eligible to apply for a sabbatical leave. Normally, sabbatical leaves will be completed
within one academic year. However, Unit Members may take
the leave in two separate semester periods with prior approval
from the Leave Approval Committee provided the total leave is
completed within a three-year period. Any period of service
between the separate semesters shall comprise a part of the
service required for a subsequent sabbatical leave. An
approved leave, while not constituting a break in continuity of
service, will not count as one of the six (6) years required for
sabbatical eligibility. The applicant may apply during the sixth
(6th) or later consecutive year of service. No sabbatical will be
granted within two (2) years of completing an unpaid leave of
absence of 26 percent or more of the required days of
attendance.
4.2.1.2 The District shall allocate funds in the District Preliminary
Budget each fiscal year for financing of sabbatical leaves
totaling four (4) FTEF (For example, two [2] full-year
sabbaticals and four [4] one-semester sabbaticals or any
combination thereof). When the actual number of approved
sabbaticals is known, the budget will be adjusted accordingly.
4.2.1.3 Leaves granted will be distributed among the various
divisions/sites of the District so as not to impair the
instructional or student services programs.
4.2.1.4 All applications shall be formally submitted to the Leave
Approval Committee through the Vice Chancellor of
Educational Planning and Services Office not later than
December 1 of the previous academic year.
4.2.1.5 For each applicant, the Leave Approval Committee shall be
composed of the Vice Chancellor of Educational Planning and
Services, two (2) Unit Members appointed by the Academic
Senate(s), and two (2) Unit Members appointed by the
Association. Immediate supervisors shall be utilized as non-
voting resource people.
4.2.1.6 The Leave Approval Committee shall provide the Chancellor
with the recommended leave applications for approval.
4.2.1.7 Criteria used for ranking sabbatical leave applications and
evaluation procedures shall be developed by the Academic
Senate(s) and the Leave Approval Committee as named in 4.2.1.5.
4.2.1.8 By the end of the semester immediately following the
sabbatical, the Unit Member who has completed a sabbatical
leave will submit to the Leave Approval Committee a written
report covering the period of the sabbatical. When applicable, a transcript or other evidence of completion of the planned
program will accompany this report. A copy of each sabbatical
leave report, together with the committee's evaluation, shall be
forwarded through the District Chancellor’s office to the
Board. The individual shall also make an oral report to the
faculty and to the Board if requested by the Leave Committee.
4.2.1.9 The applicant will agree to serve the District immediately
following completion of the sabbatical for at least twice the
time of the leave granted.
4.2.1.10 Compensation while on sabbatical leave shall be 95 percent of
the Unit Member’s range and step computed in accordance
with the salary schedule in effect during the period of leave
with 5 percent of sabbatical compensation (i.e., 5 percent of the
95 percent) held pending 4.2.1.10.1. A sabbatical leave will be
counted as service and experience on the salary schedule and
time toward retirement.
4.2.1.10.1 Upon Leave Approval Committee
acceptance/approval of the written report within the
required timeline (4.2.1.8), the 5 percent will be
returned to the Unit Member by the next pay period.
4.2.1.10.2 In accordance with Education Code 87775, the
District shall be freed from any and all liability for
the payment of compensation or damages for the
death or injury of a Unit Member occurring while
the Unit Member is on sabbatical.
4.2.1.10.3 In the event of death, serious injury, illness, or
disability that precludes completion of the
sabbatical plan and/or post-sabbatical commitments,
the District shall remit the 5 percent of sabbatical
compensation (the 5 percent of the 95 percent) held
to the Unit Member or to his/her estate.
4.2.1.10.4 Unit Members may elect to receive full CalSTRS
service credit for a sabbatical leave by paying their
own contribution for the difference between the 95
percent service credit and the 100 percent service
credit. It is recommended that three months prior to
returning from sabbatical, the Unit Member contact
CalSTRS and request a Redeposit Form (i.e.,
buyback). The Unit Member may pay his/her
portion of the service credit only upon completion
of the sabbatical; and by requesting the form ahead
of time, the Unit Member will be able to pay less
interest.
4.2.1.11 Change of Sabbatical Program
4.2.1.11.1 Once the sabbatical leave request has been
approved, it is understood that the applicant will, as
a minimum, fulfill the approved program within the
agreed upon time lines.
4.2.1.11.2 Any deletion or modification of items in the
approved program shall be made only after an
amended plan has been submitted and approved,
using the same procedure as applies to the original
leave request.
4.2.1.11.3 Any variation from this, without written permission,
will be considered an abrogation of the sabbatical
agreement and may render the time void for service
credit and experience on the salary schedule and for
the accrual of sick leave and will cause the salary
withheld to be forfeited to the District and placed in
the Retiree Benefit Fund. Such decision shall be
determined by the Leave Approval Committee.
4.2.1.11.4 Should the Unit Member fail to complete an
approved report (4.2.1.8) and required post-
sabbatical service to the District (4.2.1.9), the
District has the right to recover a prorata portion of
the Unit Member’s sabbatical compensation and
any related legal fees pursuant to Education Code
Section 87771.
4.3 Sick Leave
4.3.1 At the beginning of each academic year, every full-time Unit Member
shall be credited with ten (10) days of sick leave annually, which shall
accrue from year to year without limit. Sick leaves for Unit Member
illness or injury (only) shall be earned at the rate of one (1) day per month:
A 10-month Unit Member will earn 10 days; an 11-month Unit Member
will earn 11 days; and a Unit Member hired for less than 10 months will
have sick leave prorated at the rate of one (1) day per month of the term of
service.
4.3.1.1 By August 31 of each academic year, the District shall provide
each Unit Member with a full accounting of accrued sick leave.
4.3.2 Credit for sick leave need not be accrued prior to taking sick leave by the
Unit Member; such leave may be taken any time during the fiscal year, not
to exceed the balance of the Unit Member's sick leave entitlement through
June 30 of that academic year.
4.3.2.1 In the event that a Unit Member has exhausted his/her sick
leave, the District shall grant the Unit Member up to ten (10)
days of sick leave in addition to that accrued in anticipation of the Unit Member’s accruing such leave after he/she returns to
duty.
4.3.2.1.1 Should the Unit Member fail to return to duty after
having been granted the additional days as provided
for in 4.3.2.1, the Unit Member shall reimburse the
District for the days advanced. The reimbursement
amount will be calculated as a day being equal to
1/176th of the Unit Member’s regular annual salary;
i.e., the reimbursement shall be at the prorata rate.
4.3.2.2 The District shall allow Unit Members to donate a total of two
(2) days of sick leave each academic year to another Unit
Member or Members who have exhausted all accumulated sick
leave.
4.3.2.2.1 Unit Members shall be allowed to receive donated
leave with medical verification outlining the term of
the leave.
4.3.2.2.2 A Unit Member is eligible to receive donated leave
up to a maximum of 110 days
4.3.2.2.2.1 Upon exhaustion of donated leave,
the District will provide an
additional 10 days of catastrophic
leave to be utilized by Unit
Members.
4.3.2.2.3 Once a Unit Member has returned from a medical
leave during which donated leave was utilized, the
Unit Member is not eligible to accumulate
additional donated leave for a term of 6 months.
4.3.3 Any Unit Member who is on paid status while on sick leave, sabbatical, or
other paid leave shall continue to earn all employee leave benefits to
which entitled. A Unit Member who is on other leaves of absence without
pay shall retain all accumulated sick leave benefits but shall not accrue
any additional sick leave benefits during such periods of absence.
4.3.4 If absence because of illness or injury extends beyond the foregoing
allowance, the employee may be eligible for “five month law” benefits
(Ed. Code 87780). If the employee provides the District with an
acceptable medical verification, the amount deducted from the salary due
for any month in which the absence occurs shall not exceed the sum which
is actually paid a temporary employee hired to fill the Unit Member’s
position during the absence or, if no temporary employee is hired, the
amount which would have been paid to the temporary employee had one
been hired and paid from the Exhibit B-2 Extra Pay (EP) Salary Schedule
at the Class II Step 1 level. The benefit provided in this article shall not be
cumulative from year to year nor shall an employee be credited with more than one (1) entitlement of the “five month law” benefit for a single illness
or injury. This benefit is available to the employee whether or not he/she is
placed on long-term personal leave for health reasons by the Board. Long-
term temporary employees are not eligible for this benefit.
4.3.5 Sick leave credit received by transfer from a previous school district of a
new Unit Member shall be accepted pursuant to the provisions and
limitations provided in the Education Code.
4.3.6 All sick leave rights or accumulations shall be canceled when a full-time
Unit Member severs all official connection with the District as an
employee, except that accumulated sick leave may be transferred to a
subsequent employing district upon request pursuant to the provisions and
limitations of the Education Code.
4.3.7 Any Unit Member shall have the right to utilize sick leave necessitated by
pregnancy, adoption, miscarriage, childbirth, or recovery there from. In
order to minimize disruption of the educational process, the Unit Member
shall notify his/her appropriate Dean as soon as practical to facilitate
scheduling.
4.3.8 Unit Members shall be provided with an accounting of accumulated sick
leave annually.
4.3.9 Any Unit Member using sick leave benefits under provisions of this
Article shall provide the supervising Dean with a signed “Report of
Absence” form upon return to duty.
4.3.9.1 The District may require a statement from a physician
verifying the necessity of such absence.
4.3.9.2 Periodical medical reports may be required during extended
absence of a Unit Member, if so requested by the District.
4.3.9.3 Unit Members returning to work from illness absence may be
required to present a physician's release verifying medical
permission to return to work, including restrictions, if any.
4.3.10 The Unit Member shall notify the supervising Dean as soon as practically
possible so that arrangements can be made for cancellation of class or
obtaining a substitute. If the Unit Member becomes ill or another
emergency arises during the day, he/she shall notify the supervising Dean
of the absence (refer to Articles 4.1.3 and 4.1.4).
4.3.11 Sick leave may be utilized by any person placed under quarantine on the
same basis as though the person had been ill.
4.3.12 The District may at its expense require an examination by a physician
mutually agreed upon by the District and the Association to corroborate a
Unit Member's ability to return to work or his/her ability to work because
of injury or illness (refer to Article 4.1.5).
4.4 Sick Leave for Extra-Pay Teaching, Counseling, and Librarian Assignments
4.4.1 Unit Members whose employment is designated as EP assignment(s)
employed on an hourly basis (other than Summer Session), shall earn sick
leave credit at the rate of one (1) hour for each eighteen (18) hours of paid
service. Sick leave credit will not be earned for any fraction of eighteen
(18) hours. Sick leave earned may not be credited to sick leave accrued
during other District employment, nor may sick leave earned during other
District employment be utilized for absence during hourly employment.
4.4.1.1 By August 31 of each academic year, the District shall provide
each Unit Member with a full accounting of accrued EP sick
leave hours.
4.4.2 Reporting and verification will be in accordance with Article 4.3.9 above.
4.4.3 Notification of absence will be in accordance with Article 4.3.10 above.
4.5 Bereavement Leave
4.5.1 Unit Members shall be granted, without loss of salary or other benefits,
leave of absence not to exceed three (3) working days, or five (5) working
days if travel of more than 300 miles is required, per occurrence on
account of death of any member of the Unit Member's immediate family.
4.5.2 "Member of the immediate family," as used in this section means the
mother, father, grandmother, grandfather, or grandchild of the Unit
Member or of the Unit Member's spouse, and the spouse, son, son-in-law,
daughter, daughter-in-law, brother, sister, domestic partner or any
immediate relative living in the household of the Unit Member.
4.5.3 An extension of bereavement leave may be requested under personal
necessity leave.
4.5.4 Upon return to duty, the “Report of Absence” form shall be filed with the
Unit Member's supervising Dean. The Unit Member shall provide
verification satisfactory to the District.
4.6 Long-Term Disability Leave
4.6.1 Consistent with Education Code §87789, the District will grant a long-
term leave of absence for any academic employee who has applied for and
been certified/qualified by CalSTRS for a disability allowance.
4.6.2 Academic employees utilizing such leave as qualified by CalSTRS shall
have the leave extended for the term of the disability, not to exceed 39
months from the time that the academic employee was determined to be
eligible by CalSTRS.
4.7 Industrial Injury and Illness Leave
4.7.1 For an injury or illness which is job-incurred, and upon the written request
of the Unit Member, he/she shall be provided leave benefits under the
following provisions:
4.7.1.1 Allowable leave shall be sixty (60) days during which the
colleges of the District are required to be in session or when the
Unit Member would otherwise have been performing work for
the District in any one academic year for the same injury.
4.7.1.1.1 Industrial injury or illness leave shall be reduced by
one (1) day for each day of authorized absence
regardless of a temporary disability indemnity
award.
4.7.1.2 Allowable leave shall not be accumulated from year to year.
4.7.1.3 Industrial injury or illness leave shall commence on the first
(1st) day of absence.
4.7.1.4 When a Unit Member is absent from his/her duties on account
of an industrial injury or illness, he/she shall be paid such
portion of the salary due him/her for any month in which the
absence occurred and, when added to his/her temporary
disability indemnity under Division 4 or Division 4.5
(commencing with Section 6100) of the Labor Code, will result
in a payment to him/her of not more than his/her full salary.
4.7.1.5 The phrase, "full salary," as used in this Article shall be
computed so that it shall not be less than the Unit Member's
"average weekly earnings" as that phrase is used in Section
4453 of the Labor Code. For purposes of this Article, however,
the maximum and minimum average weekly earnings set forth
in Section 4453 of the Labor Code shall otherwise not be
deemed applicable.
4.7.1.6 When an industrial injury or illness leave overlaps into the next
fiscal year, the Unit Member shall be entitled to only the
amount of unused industrial injury or illness leave due him/her
for the same illness or injury.
4.7.1.7 Upon termination of the industrial injury or illness leave, the
Unit Member shall be entitled to the benefits provided in
Education Code Sections 87781 and for the purposes of each of
these sections his/her absence shall be deemed to have
commenced on the date of termination of the industrial injury
or illness leave, provided that if the Unit Member continues to
receive temporary disability indemnity, he/she may elect to
take as much of his/her accumulated sick leave which, when
added to his/her temporary disability, will result in a payment
to him/her of not more than his/her full salary.
4.7.1.8 During any paid leave of absence, the Unit Member may
endorse to the District the temporary disability indemnity
checks received on account of his/her industrial injury or
illness. The District, in turn, shall issue the Unit Member appropriate salary warrants for payment of the Unit Member's
salary, and shall deduct normal retirement, other authorized
contributions, and the temporary disability indemnity, if any,
actually paid to and retained by the Unit Member for periods
covered by such salary warrants.
4.7.1.9 Any Unit Member receiving benefits as a result of this Article
shall, during periods of injury or illness, remain within the
State of California unless the Board authorizes travel outside
the state.
4.7.2 Periodic medical reports may be required during extended absence of a
Unit Member. Unit Members returning to work from industrial injury or
illness leave shall be required to present a doctor's release verifying
medical permission to return to work, including any restrictions.
4.7.3 Upon return to duty, the “Report of Absence” form shall be filed with the
Unit Member's supervising Dean.
4.8 Jury Duty
4.8.1 When regularly called for jury duty in the manner provided by law,
members of the Association shall be granted a leave of absence without
loss of pay for the time the Unit Member is required to perform jury duty
during the Unit Member’s regularly assigned working hours.
4.8.2 Request for jury service leave should be made by presenting as soon as
possible the official court summons to jury service to the Unit Member's
supervising Dean.
4.8.3 Reimbursement to the District of any monies earned as a juror, except
mileage, shall be made by the Unit Member.
4.8.4 A Unit Member regularly called for jury duty shall not be encouraged in
any way to seek exemption from such duty nor shall he/she be
discriminated against in any way for not seeking such exemption.
4.8.5 Upon return to duty, the “Report of Absence” form shall be filed with the
Unit Member's supervising Dean. Unit Members will be required to attach
jury notice and or proof of service to “Report of Absence” form.
4.9 Military Leave
4.9.1 Upon written request, members of the Association shall be granted
military leave if required by the provisions of the State of California
Education Code and of the Military and Veterans Code.
4.9.2 Upon return to duty, the “Report of Absence” form, along with
verification of military leave, shall be filed with the Unit Member's
supervising Dean.
4.10 Personal Necessity Leave
4.10.1 A Unit Member may use, at his/her election, not more than six (6) days of
accumulated sick leave credit in a school year for personal necessity leave.
4.10.2 Consistent with Education Code §87784, a Unit Member shall submit
notification for personal necessity leave to his/her supervising Dean at
least one (1) day prior to the beginning date of the leave, except where
extenuating circumstances make this impossible. Such leave may be used
at the election of the Unit Member who shall not be required to explain the
reason.
4.10.2.1 This leave excludes use for recreation, prospective or actual
employment, and union activity.
4.10.3 Upon return to duty, the “Report of Absence” form shall be filed with the
Unit Member’s supervising Dean.
4.11 Other Leaves of Absence; Other Conditions
4.11.1 A Unit Member may be granted a leave of absence without pay by the
Board upon recommendation of the Chancellor for a period not to exceed
one (1) year.
4.11.2 Such leaves of absence without pay will terminate at the end of the
academic year, June 30 but may be extended or renewed with the approval
of the Board.
4.11.3 A member of the Association on unpaid leave of absence for 26% or more
of the required days of attendance shall be ineligible foron the salary schedule.
4.11.4 The Board may, on the request of the Unit Member and upon the
recommendation of the Chancellor, grant a partial paid leave if the District
deems it to be in the best interest of the District and the Unit Member.
4.11.5 Unit Members who have been on approved paid or unpaid leave shall
return to an academic bargaining unit position unless mutually agreed
otherwise. Salary for those on paid leaves shall include any increments
and be subject to the salary schedule in effect upon date of return.
4.11.6 Members of the Association who are on approved leaves of absence shall
be eligible to participate in the District health and welfare benefit program
provided that the Unit Member pays the full cost of participation,
including the District contribution and the Unit Member contribution to
the premium for self and family members, if applicable.
4.11.6.1 To remain eligible for participation, the Unit Member shall
remit the full premium cost to the District not later than the last
working day of the month preceding the benefit coverage.
4.11.6.2 Unit Members who fail to remit premiums as provided above
shall be deemed to be ineligible for further participation in the
benefit program for the remainder of the unpaid leave. However, the Unit Member shall be reinstated in the District
health and welfare benefit program upon full payment of
premiums due, subject to Tri-County Schools Insurance Group
(TCSIG) provisions.
4.12 Family Care and Medical Leave
4.12.1 The purpose of Family Care and Medical Leave is to provide a Unit
Member with the ability to take leave without pay for the birth, adoption,
or placement of a child or for the serious health condition of the Unit
Member, his/her child, dependent grandchild, parent, spouse, or domestic
partner without jeopardizing employment status.
4.12.2 Eligibility: A Unit Member who has been employed by the District for at
least twelve (12) months and who is otherwise eligible for benefits.
4.12.3 Reasons for Family Care and Medical Leave
4.12.3.1 The birth of the Unit Member's child and in order to care for
such child.
4.12.3.2 The placement of a child with the Unit Member for adoption or
foster care.
4.12.3.3 To care for the spouse, domestic partner, a child, a dependent
grandchild, or a parent who has a serious health condition.
4.12.3.4 A serious health condition that renders the Unit Member
unable to perform the functions of his/her position.
4.12.4 Leave Parameters
4.12.4.1 A Unit Member may take a total of twelve (12) weeks of leave
during any twelve (12) month period.
4.12.4.2 In general, leave shall not be taken by the Unit Member
intermittently or on a reduced leave schedule unless medically
necessary. However, the taking of leave intermittently or on a
reduced leave schedule shall not result in a reduction in the
total amount of leave to which the Unit Member is entitled
pursuant to this Article.
4.12.4.3 A pregnant Unit Member may utilize the provisions of the
Pregnancy Disability Leave Law (PDLL) concurrently with
FMLA and subsequently with the California Family Rights Act
(CFRA) for the purposes of bonding with the new child.
4.12.5 Maintenance of Insurance Benefits
4.12.5.1 Coverage - During any period that a Unit Member takes Family
and Medical Care Leave, the District shall continue to provide
the fully paid District group health and welfare life insurance
benefits for the duration of the leave at the level and under the
conditions coverage would have been provided if the Unit Member had continued in employment continuously for the
duration of such leave.
4.12.5.2 Failure to Return from Leave - The District may recover the
premium that it paid for maintaining coverage for the Unit
Member under the group health and welfare benefits plan
during any period of unpaid Family and Medical Care Leave if
the Unit Member fails to return from leave after the period to
which the Unit Member is entitled has expired, and the Unit
Member fails to return to work for a reason other than
4.12.5.2.1 The continuation, recurrence, or onset of a serious
health condition that entitled the Unit Member to
leave or
4.12.5.2.2 Other circumstances beyond the control of the Unit
Member.
4.12.6 Reinstatement Rights
4.12.6.1 Upon return from an approved family or medical care leave,
the Unit Member shall return to the same bargaining unit
position unless mutually agreed upon otherwise.
4.12.6.2 Family Care and Medical Leave shall not be considered a break
in service for longevity or seniority.
4.12.7 Notice by Unit Member
4.12.7.1 If the Unit Member's need for a leave pursuant to this section is
foreseeable, the Unit Member shall provide notice in writing to
the appropriate College Vice President or the Clear Lake
Campus Dean, with copies to the supervising Dean and to the
Director of Human Resources Development and Personnel
Services with reasonable notice of the need for the leave.
4.12.7.2 If the Unit Member's need for leave pursuant to this section is
foreseeable due to a planned medical treatment or supervision,
the Unit Member shall make a reasonable effort to schedule the
leave to avoid disruption to the operations of the District,
subject to the approval of the health care provider of the
individual requiring care.
4.12.7.3 The District may require that the Unit Member's request for
leave to care for a child, a spouse, or a parent who has a serious
health condition be supported by a certification issued by the
health care provider of the individual requiring care.
4.12.7.4 The District may require that the Unit Member's request for
leave because of the Unit Member's own serious health
condition be supported by a certification issued by his/her own
health care provider.
4.13 Retraining Leave - Retraining Leave is a reassignment of a Unit Member for the
purpose of the Unit Member gaining skills in a new area or improving skills in an
existing area or when the program has been discontinued or reduced such that the
Unit Member would not have a load. The length and percentage of the
reassignment may vary according to the specific needs of the Unit Member to
reach minimum qualifications and the needs of the District.
4.13.1 The District may assign a Unit Member to a Retraining Leave to prepare
for a new teaching, counseling, or librarian assignment.
4.13.2 Retraining Leave also provides opportunity for study in order to update
and upgrade skills for assignments as determined by District needs.
4.13.3 Program review may be one of the considerations in determining whether
a Unit Member will be participating in a Retraining Leave.
4.13.4 The recommendations of the College Vice President or the Clear Lake
Campus Dean may indicate areas where the training is needed.
4.13.5 Retraining Request
4.13.5.1 A Unit Member shall request retraining in writing. The written
request must identify the area of interest for the Unit Member’s
retraining. Additionally, a Unit Member must identify the
rationale for the need for retraining along with a proposed
timeline and budget for retraining.
4.13.6 Retraining Plan
4.13.6.1 A contract and retraining plan shall be jointly defined by the
Unit Member, the respective Dean, and the appropriate College
Vice President. At Clear Lake the plan shall be jointly defined
by the Unit Member and the Campus Dean. These documents
shall include but not be limited to an indication of the length
and schedule of assignment; reimbursement to the Unit
Member of costs, such as tuition, mileage, books, and supplies;
and any service agreement following the retraining leave. The
jointly agreed to final retraining plan submitted shall be
approved by the appropriate College Vice President or Clear
Lake Campus Dean. In the event that the Unit Member, Dean,
and the appropriate College Vice President or Clear Lake
Campus Dean cannot reach a jointly developed agreement, the
Unit Member may appeal to the appropriate College President.
The appropriate President shall render a decision within ten
(10) days of the appeal date.
4.13.6.2 While on retraining leave, the Unit Member shall receive salary
and benefits as if fully employed and shall receive service
credit for salary advancement and retirement.
4.13.6.3 A Unit Member must complete the retraining plan, as outlined
in 4.13.5.1 within 24 months of beginning the plan. This plan may be extended at the discretion of the District based on the
need for retraining.
4.13.6.4 A Unit Member, after completing the retraining plan, shall
contract to serve the District for a period equal to the length of
leave. Failure to render the service contract will require that the
Unit Member repay the District for the cost of the retraining
leave.
4.13.7 A Unit Member may request participation in retraining but is not required
to do so. In the event that a Unit Member does not choose to participate in
retraining, he/she may pursue other opportunities, such as retirement or
resignation. CalSTRS reduced workload may also be pursued, contingent
upon District approval.
4.14 Load Banking Leave
4.14.1 Eligibility for Leave - Tenured Unit Members who teach overloads
without additional compensation may accrue up to a maximum of thirty
(30) equivalent load banking units which may be applied towards a Load
Banking Leave.
4.14.1.1 Load banking units may not be taken in excess of the EP limit
of 12 units. By way of example, a Unit Member may teach up
to 12 units of EP in any academic year and elect to bank all 12
units; however, no additional units beyond the limit may be
taught.
4.14.1.2 Every twenty (20) earned EP units is equivalent to 15 load
banking units.
Twenty (20) Earned Semester Units = 15 Load Banking
Units = 1 Semester Leave.
Forty (40) Earned Semester Units = 30 Load Banking
Units = 2 Semesters Leave.
4.14.1.3 A new agreement with the scheduling Dean and the appropriate
College Vice President or Clear Lake Campus Dean must be
signed prior to the start of the semester or contract year in
which the load-banked EP assignment occurs. The Unit
Member must complete a Load Bank Agreement form from the
Human Resources Office prior to the Load Bank assignment.
4.14.1.4 A minimum of fifteen (15) load banked units must be accrued
prior to taking the leave.
4.14.1.5 A Unit Member may bank intersession classes, but not summer
session classes.
4.14.1.6 Any hours earned in excess of thirty (30) hours by the end of
the semester/contract year, shall be paid to Unit Members in
the semester when earned. Payment shall be based upon the appropriate EP salary schedule and step of the tenured Unit
Member.
4.14.1.7 Unit Members are required to follow conditions of Article 13.0
Consideration for filling EP, intersession and summer teaching,
counseling, librarian, and nursing assignments, pursuant to this
section.
4.14.2 Duration and Timing of Leaves
4.14.2.1 Load Banking Leaves must be taken in one (1) semester or two
(2) semester increments.
4.14.2.2 The semester or year selected must be mutually agreeable to
the Unit Member and appropriate scheduling Dean, based on
the educational program and staffing needs of the college. If no
mutual agreement can be reached, the Unit Member may
choose from the following options:
• Be paid for the earned semester units taught, such payment
to be based upon the EP salary schedule in effect at the
time of payment. By way of example, a Unit Member who
has thirty (30) load banking units shall be paid for the full
forty (40) units actually taught.
• Retain the banked load units for later use. The Unit
Member may only retain up to the maximum of thirty (30)
load banked units for later use.
4.14.2.3 Any flex obligations must be completed during the semester a
tenured Unit Member is load banking the EP units. Therefore,
no flex obligation will be required when the Unit Member
takes load banking leave.
4.14.2.4 Tenured Unit Members may not load bank while on any paid
or unpaid leave. An exception may be made for sabbatical or
retraining leaves.
4.14.2.5 Should Load Banking Leave no longer be a contractual right,
the Unit Member retains the same options as delineated in
Article 4.14.2.2.
4.14.3 Application for Leave
4.14.3.1 A request to take Load Banking Leave must be submitted one
(1) academic year prior to taking the leave.
4.14.3.2 The tenured Unit Member shall apply for a Load Banking
Leave by submitting a written request to his/her supervisor.
4.14.3.3 The approved request shall be reviewed by the appropriate
College Vice President or Clear Lake Campus Dean and
forwarded to the Director of Human Resources Development
and Personnel Services.
4.14.4 Salary and Benefits
Salary while on a Load Banking Leave shall be at the Unit Member’s
appropriate step on the full-time salary schedule. Health and welfare
benefits will be continued. A Unit Member on Load Banking Leave shall
receive service credit for salary advancement and retirement.
4.14.4.1 Except as described in Article 4.14.2.2, tenured Unit Members
are not entitled to payment for any accumulated leave within
the thirty (30) hour maximum unless separated from the
District due to retirement, termination, or death.
4.14.4.2 A Unit Member may use his/her banked leave in conjunction
with the Reduced Workload Program.
4.14.4.3 A Unit Member may use his/her banked leave in conjunction
with the member’s final year prior to retirement from the
District.