ARTICLE 17 - Leaves
A. General Provisions
1. A leave is an authorized absence from duty for a specific period of time. A leave protects the full-time unit member by holding his/her place until he/she returns to duty. Part-time unit members on leave retain their Article 13-1 reemployment preference right. As indicated herein, some leaves are without pay, some leaves are with partial pay, and some leaves are with full pay.
2. “Unit members” refers to all members of the bargaining unit, both full time and part time, unless otherwise specified.
3. Fringe Benefits – Unless otherwise indicated, unit members on paid leave are eligible for and retain fringe benefits of their position; unit members on unpaid leave shall be eligible for and retain fringe benefits of their position, in accordance with the specific insurance program and carrier requirements, by paying monthly, in advance, to the District Business Office, the full District and employee costs of such benefit programs. Fringe benefits for full-time members on partial load leave shall be in accord with current practice. Unit members must make arrangements with the District Business Office for payment of benefit premiums within 20 working days following notice of approval of leave. Unit members not making such arrangements within 20 days following notice of approval of leave shall have coverage rescinded until they return from leave. Management may make exceptions where individual circumstances warrant. Upon return from unpaid leave, such benefits shall be reinstated.
4. Retirement – The effect of leave on retirement eligibility and/or credit shall be exclusively governed by the State Teachers’ Retirement System, or the San Francisco City & County Employees' Retirement System, whichever is applicable. Unit members should, prior to requesting leave, determine from the Retirement System sources the effect of such leave. Leave Forms will include the statement, WARNING - EMPLOYEES SHOULD CHECK WITH THEIR RETIREMENT SYSTEM FOR EFFECTS OF THIS LEAVE ON RETIREMENT ELIGIBILITY/ BENEFITS.
5. Other Benefits – Unless otherwise indicated, time on paid leave shall be counted as time in service for rights and benefits.
6.1 Except in emergency situations or when waived by management, requests for unpaid leaves longer than 20 working days shall be filed within 10 days following the beginning of the semester for the following semester (e.g., approximately January 30 for a Fall Semester leave or approximately August 30 for a Spring Semester leave).
6.2 Within twenty (20) working days of the request for leave, the Chancellor or designee shall, whenever possible, notify the applicant as to whether or not a recommendation for approval of the requested leave shall be forwarded to the Board of Trustees. Notification of approval or denial shall be provided immediately upon determination by the Board.
6.3 Where short term leave (20 days or less) is requested, such request shall be made no later than 5 working days prior to the requested beginning day of leave.
7. Abridgment of Leave – The District may grant or deny requests for early return from leave or cancellation of approved leave.
8. Return from Leave – Where no leave extension request has been received and granted, and no emergency exists to prevent return on the specified date, failure to return shall result in the following: District shall begin immediate processing for the securing of a written resignation and/or begin immediate processing for the discharge of such employee. This section shall be printed on District leave forms.
1. Full-time Unit Members
1.1 A full-time unit member may be granted a leave without pay for not more than twenty (20) assigned duty days in any one-year period, subject to the discretion/approval of the Chancellor.
1.2 A full-time unit member may be granted leave without pay for any period of time up to one year upon recommendation of the Chancellor, and subject to the approval of the Board.
1.3 Unless otherwise indicated, leaves may be extended for up to two additional years upon approval of the Chancellor, and subject to the approval of the Board.
2. Part-time Unit Members
2.1 A part-time unit member may be granted leave without pay for any period of time up to one semester upon recommendation of the Chancellor, and subject to the approval of the Board.
2.1.1 During such leave, the employee shall retain his/her reemployment rights to an assignment in accord with Article 13-1.B.6 for up to two (2) semesters.
2.2 To be eligible, the employee’s most recent evaluation must have been satisfactory.
2.3 The employee must submit an assignment preference form in accord with Article 13-1.A.2.1 prior to expiration of the leave to be eligible for an assignment in the subsequent semester.
2.4 Unless otherwise indicated, leaves may be extended for up to one additional semester upon approval of the Chancellor, and subject to the approval of the Board.
2.5 Other Approved Absences
2.5.1 In order for part-time faculty to take advantage of specific opportunities for professional growth, the appropriate Vice Chancellor may grant written permission for specific absences at that Vice Chancellor’s discretion.
2.5.2 During such approved absences, the employee shall retain his/her reemployment rights to an assignment in accord with Article 13-1.B.6 for up to two (2) semesters.
3. Extension of Unpaid Leaves Longer than 20 Working Days
3.1 Except in emergency situations or when waived by management, an applicant must request an extension of his/her leave of absence in accordance with the deadline for initial leaves of absence.
3.2 Notice to Employee Regarding Extension of Leave – Within twenty (20) working days of the request for extension of leave, the Chancellor or designee shall whenever possible, notify the applicant as to whether or not a recommendation for approval of the leave requested shall be forwarded to the Board of Trustees. Notification of approval or denial shall be provided immediately upon determination by the Board.
4. Board-approved unpaid leaves of one semester or one year when completed under nationally recognized fellowships or foundations (Fulbright, Guggenheim, etc.) do not break the continuity of service for salary increments and sabbatical credit, where applicable.
1. Accrual Rate
1.1 Sick leave for full-time unit members’ illness or injury (only) shall be granted at the rate of one day (or the hourly equivalent) per month of service in the academic calendar computed on a contractual basis ten (10) days (or the hourly equivalent) maximum leave annually.
In the Noncredit Program and for all counselors, sick leave for full-time unit members shall be granted in hours rather than days in accordance with the following schedule:
Instructors = 5 hours per day
Counselors = 6 hours per day
Instructionally-related faculty = 7 hours per day1.1.1 If a full-time unit member has not rendered service during the academic calendar because of illness or injury and does not render service during a subsequent academic calendar because of illness or injury, he/she shall not receive the ten (10) sick days in that subsequent year.
1.2 Part-time unit members who are paid on an hourly basis shall be granted sick leave hours on the basis of 0.057 times the number of hours of service performed during the academic calendar. Part-time unit members who are paid by load shall be granted sick leave hours on the basis of 0.057 times the number of scheduled instructional hours. Part-time sick leave is subject to the following limits:
1.2.1 Limits of Accumulation – No part-time unit member may accumulate more hours of sick leave per semester than the usual number of hours per week at 67% of a full-time load in that assignment times 0.057. This includes block hour assignments.
1.2.2 Use and Accrual of Sick Leave – Sick leave may be used at any time after it is earned, provided it is used in one hour increments. (Sick leave may be used in one-half (½) hour increments only when a full assignment is missed and that assignment is one which is regularly scheduled in one-half (½) hour blocks (e.g. 1½ hours, 2½ hours, etc.)).
1.2.3 For purposes of converting part-time hours to LTS days or full-time days: Number of part-time hours accumulated sick leave divided by hours of average daily workload as a full-time unit member within the department/discipline assigned equals full-time days accumulated.
1.2.4 For purposes of converting LTS days to part-time hours: Number of LTS days accumulated sick leave times hours of average daily teaching load as an LTS equals part-time hours accumulated.
1.3 Sick leave shall be earned only for assignments performed during days of service in the academic calendar year up to a maximum ten (10) days or the equivalent in hours, except in overload/extra-pay assignments. For purposes of this Article, an overload/extra-pay assignment is an additional assignment during the days of the academic calendar granted to a full-time unit member in addition to his/her contractual workload. Overload/extra-pay assignments shall not accrue sick leave, except overload/extra-pay assignments for full-time unit members in the Automotive Program and in the Aircraft Maintenance Program. These specified exceptions preceding shall accrue sick leave, which shall be maintained in a separate sick leave bank. Such sick leave shall be accumulated in the manner of part-time sick leave (17.C.1.2) but it may not be used for any purpose other than overload/extra-pay assignments. This overload/extra-pay sick leave shall be subject to 17.C.2.1. Nothing contained herein shall be interpreted as granting to any full-time unit member the right to an overload/extra-pay assignment.
1.4Usage – Accumulated sick leave may be used at any time during the school year for any assignment, except for overload as stated in 17.C.1.3 preceding.
In the Credit Program only, a full-time unit member who is absent and takes sick leave for an amount of time less than or equal to one-half (½) of a particular day's assignment shall be charged with only one-half (½) day of sick leave.
In the Noncredit Program and for all counselors, a unit member who is absent and takes sick leave shall be charged in hours rather than days.
1.5 Unpaid Leave – A unit member who is on unpaid leave, in accordance with the provisions of Section 17.B et seq., shall retain all accumulated sick leave, but shall not accrue any additional sick leave benefits during such periods of absence.
1.6 Paid Leave – Unit members on paid leave, except those on sabbatical or industrial accident or illness shall accumulate sick leave benefits in accordance with this Article.
2. Earned sick leave which is not used may be accumulated indefinitely from one year of service to the next year and may be used as required during such subsequent years of service. Part-time unit members’ accumulated but unused sick leave is lost after a break in service of more than four consecutive semesters. A one-month grace period shall be allowed.
3. Full-time unit member credit for sick leave of absence need not be accrued prior to taking sick leave, and such leave may be taken at any time during the school year, not to exceed the balance of the member’s sick leave entitlement through June 30 of that fiscal year.
3.1 Part-time unit members who are paid by load need not have accrued sick leave credit prior to taking sick leave, and such leave may be taken at any time during the semester, not to exceed the balance of the member’s sick leave entitlement through the end of that semester.
4. Transfer of Sick Leave Credit (from outside the District)
4.1 Sick leave credit received by transfer from the previous employer of a new unit member shall be accepted pursuant to the provisions and limitations of the Education Code.
4.2 It shall be the responsibility of the unit member to notify the Human Resources Department, in writing, of the name and address of the District by whom he/she was last employed, and request credit for the accumulated leave of absence for illness or injury to which he/she is, or was, entitled at the time of separation.
5. The District shall continue its practice of reporting a running total of accumulated sick leave on pay advice notices for unit members.
6. A unit member utilizing sick leave benefits under provisions of this section shall provide the District with a signed "Faculty Application for Leave Allowance" form. In all cases of absence due to illness/accident not exceeding the number of continuous days of absence in the following table, the Manager or Supervisor approval signature shall be deemed as certifying the absence of the unit member, and authorizing sick leave usage, if available. Failure to sign or refusal to sign shall be for good and sufficient cause.
A signed certification from a health care provider verifying that there was an illness/accident and the ability to return to work may be required in accordance with the following table, or if the employee has demonstrated a chronic, persistent, or patterned use of sick leave indicating possible misuse and/or the employee shows a pattern of failing to notify their Department of illness-related absences. Should absence continue in excess of one month, an additional certification from the health care provider must be filed each succeeding month.
“Health care provider” is defined as: a doctor of medicine or osteopathy, podiatrist, dentist, chiropractor, clinical psychologist, optometrist, nurse practitioner, nurse-midwife, clinical social worker, and physician assistants who are authorized to practice by the State and performing within the scope of their practice as defined by State law, a Christian Science practitioner, or any provider from whom the employee's health plan will accept medical certification to substantiate a claim for benefits.
6.1 The number of days of continuous absences upon which a doctor's certificate may be required shall be in accordance with the following:
No. of Days/Week of Assignment No. of Continuous Days of Absence upon which a Doctor’s Certification may be Required 6 6 5 6 4 5 3 4 2 3 1 2
7. Sick leave may be utilized by any unit member placed under quarantine on the same basis as though this person has been ill.
8. Unit members upgraded from part-time to full-time, from part-time to long-term substitute, from long-term substitute to full-time, or reverting from long-term substitute back to part-time shall retain all sick-leave accruals from their previous District assignment(s).
When a full-time unit member (excluding full-time temporary) has exhausted his/her sick leave benefits and is subsequently absent from work because of illness or accident for a period of one hundred (100) days or less, whether or not the absence arises out of or in the course of his/her employment, the employee shall receive fifty percent (50%) of his/her regular salary during the period of such absence up to a maximum of one hundred (100) work days within an academic year.
E. Voluntary Sick Leave Bank (VSLB)
1. The pool established and maintained by the voluntary contributions of accrued sick leave days/hours by unit members is known as the Voluntary Sick Leave Bank (VSLB) and shall be administered according to the provisions below.
1.1 Contributions – The VSLB may call for contributions at the beginning of any academic year in which the balance is less than one hundred (100) days. Additional calls for contributions may be accepted whenever the balance is less than the current demands upon the bank. Contributions may also be accepted from new unit members whose initial hire date falls between calls for contributions. Effective with the first call for contributions after July 1, 2009, if the unit member agrees to contribute to the VSLB, that member’s contribution will automatically renew at each subsequent call for contributions. Members who agree to contribute will be provided a written form to be signed by the member to confirm that contributions will automatically renew. At each subsequent call for contributions, members will be provided the opportunity to opt out of the automatic renewal.
1.1.1 Full-time Unit Members – Full-time unit members may voluntarily contribute from their accrued sick leave one (1) day per call for contributions.
1.1.1.1 If there is a call for contributions and a full-time unit member has no accrued sick leave to contribute at the time of the call, a current member subject to automatic renewal will be allowed to remain a member, and a new member will be allowed to respond affirmatively to the call for contributions. Thereafter, one (1) day of accrued sick leave shall be deducted from the account of said member as soon as he/she has accrued the required one (1) day, but in no event may such member apply for or receive an award from the VSLB until such time as the required one (1) day of sick leave is deducted from his/her accrued sick leave.
1.1.2 Part-time Unit Members – Except as provided below, part-time unit members may voluntarily contribute from their accrued sick leave the following increments per call for contributions:
Full-time-equivalent load up to 50% = 1 hour
Full-time-equivalent load 50% or higher = 2 hours1.1.2.1 Part-time unit members who are members of the VSLB and who are upgraded to full-time status will be charged from their accrued sick leave one (1) day in order to maintain their membership in the VSLB.
1.1.2.2 Part-time unit members who are not members of the VSLB and who are upgraded to full-time status will be afforded a new opportunity to voluntarily contribute from their accrued sick leave one (1) day at the time they are upgraded.
1.1.2.3 If there is a call for contributions and a part-time unit member has no accrued sick leave to contribute at the time of the call, a current member subject to automatic renewal will be allowed to remain a member, and a new member will be allowed to respond affirmatively to the call for contributions. Thereafter, accrued sick leave shall be deducted from the account of said member as soon as he/she has accrued the required sick leave, but in no event may such member apply for or receive an award from the VSLB until such time as the required sick leave is deducted from his/her accrued sick leave.
1.1.3 Effect of Contribution – Contributors shall be treated as if no right to the contribution had ever accrued. Under no circumstances shall contributed time be retrievable.
1.2 Eligibility
1.2.1 Current Contributors – Only current contributors to the VSLB shall be eligible for benefits. Current contributors shall be defined as any of the following: unit members (1) who contributed at the beginning of the academic year; (2) who contributed to the most recent call for contributions; or (3) who are hired between calls for contributions, who contribute at the time of hire.
1.2.1.1 Unit members who are on leave or approved absence when there is a call for contributions shall be sent via the U.S. Mail to their home addresses written notification of the call for contributions and a copy of an appropriate form. Unit members on leave or approved absence who are unable to respond by the deadline established for that call for contributions shall have up to thirty (30) calendar days from their return from leave to turn in the call for contributions form to the Human Resources Department.
1.2.2 Other Paid Leave Accounts – No unit member will be eligible for benefits from the VSLB until all other available paid leave accounts under the District/AFT Contract have been exhausted.
1.2.3 Catastrophic or Life-Threatening Injury or Illness – Benefits will be available from the VSLB only in the event of a catastrophic or life-threatening illness, as defined below.
1.2.3.1 Catastrophic Injury or Illness – A catastrophic illness or injury is one which is expected to create a financial hardship and one which the employee's physician has certified is expected to incapacitate the employee for an extended period of time.
1.2.3.2 Life-Threatening Injury or Illness – A life threatening injury or illness is one which is expected to create a financial hardship and one which the employee's physician has certified poses an imminent threat to the employee.
1.3 Benefits
1.3.1 Full-time Unit Member – The VSLB may contribute up to 100 days of half-pay sick leave, which leave shall coincide with the District's provision of 100 days of half-pay sick leave pursuant to Article 17.D – Partially Paid Sick Leave.
1.3.2 Part-time Unit Member – The VSLB may contribute up to 100 days of sick leave, at the rate of the faculty member's current load, which leave shall terminate at the end of the semester in which it begins.
1.3.3 Limitation on Use – No unit member may receive benefits from the VSLB more than two times in his/her lifetime provided, however, that the VSLB Committee may determine that a member will receive benefits from the VSLB a third time in his/her lifetime. In order to be considered for a third lifetime benefit, the Committee must determine that the total number of days (half-days for full-time unit members and full-days for part-time unit members) of sick leave in either the first or second award was thirty-five (35) days or less due to the number of instructional days remaining in a semester for part-time members or the number of instructional days remaining in an academic year for full-time members.
1.3.4 Extraordinary Benefits
1.3.4.1 The VSLB Committee may, in its discretion, make a finding that in a particular case there are exceptional circumstances which would make it desirable to provide an extraordinary benefit to a unit member. Such a finding shall be made by majority vote of the Committee. In such exceptional cases the Committee may recommend to the Board of Trustees that the VSLB contribute up to 25 full days to the member, to commence after the member has exhausted the half-pay sick days which the VSLB contributed to him/her. The Board shall appoint a special committee to consider such recommendations. The Board's special committee, in its sole discretion, may approve or reject the Committee's recommendation for extraordinary benefits.
1.3.4.2 A decision by the Board's special committee to reject the Committee's recommendation for extraordinary benefits shall not affect the member's eligibility to receive other benefits under this Article.
1.3.4.3 No member may receive extraordinary benefits from the VSLB more than one time in his/her lifetime.
1.3.5 Effect of Receiving Benefits – Benefit recipients shall be solely responsible for any state and federal taxes on the donated time. Such taxes shall be withheld at the normal rate for the recipient. In the event that the state or federal governments rule that a tax liability is due other than as taxed, the recipient shall be solely liable for such liabilities.
1.4 Procedures
1.4.1 Applications – Applications for benefits shall be submitted in a sealed envelope to the Dean of Human Resources. A copy of such applications, excluding the identities of the applicants, shall be referred to a VSLB Committee of two (2) District and two (2) Union representatives. This Committee shall administer the VSLB, and its decisions regarding the administration of the VSLB shall be by majority vote. This Committee shall also make recommendations, by majority vote, of the number of sick leave days/hours to be made available to persons who apply for them. In the event of a deadlock, the Committee shall jointly select a person to cast the deciding vote. The Committee Chairperson will prepare an annual report which will include the following: (1) the number of hours and days in the bank; (2) the number of applications for benefits; (3) the number of applications approved; (4) the number of days/hours granted; and (5) the date of the last call for contributions. The Board's special committee, at its sole discretion, may accept or reject such recommendations of the VSLB Committee.
1.4.2 Physician Certification – Applicants for benefits must submit a physician's certification that a catastrophic or life threatening injury or illness exists. (See definitions in Sections 1.2.3.1 and 1.2.3.2, above.) At its discretion and expense, the District may require that applicants submit to examination by a second physician for confirmation.
1.4.3 The decision of the VSLB Committee and of the Board's special committee shall not be subject to the grievance and arbitration provisions of this agreement.
F. Personal Emergency/Necessity Leave
1. A unit member shall be granted up to a maximum six (6) days leave of absence in any school year, at his/her election, in cases of personal emergency/necessity, where such leaves can be deducted from the employee's accumulated sick leave.
1.1 Personal Emergency Leave. Prior notice or management approval is not required for Personal Emergencies of serious illness or death of a member of his/her immediate family or an accident involving his/her person or property, or the person or property of a member of his/her immediate family. "Immediate family" will be interpreted to mean the mother, father, daughter, son, sister, brother, grandmother, grandfather, or a grandchild of the employee or of the spouse or domestic partner of the employee, and the spouse, domestic partner, son-in-law, daughter-in-law, of the employee, or any person living in the immediate household of the employee.
1.2 Personal Necessity Leave. Personal business of a compelling nature, religious holidays and appearances in court as a litigant require prior management approval.
1.3 Where such leave can be deducted from the employee's accumulated sick leave and such use does not exceed the six (6) day maximum, personal emergency/necessity leave may be used to a maximum of three (3) days in any one occurrence, upon prior notice to management, where there is a death of a person with whom the employee has had a significant relationship of long standing and such person is not a member of the immediate family as defined in this section.
2. An employee utilizing Personal Emergency/Necessity Leave under the provisions of this section shall fill out and sign the "Faculty Application for Leave Allowance" form. For Personal Necessity leave, District agrees to provide a notice with Personal Necessity Leave forms informing employees that they may submit forms directly to the appropriate administrator in a sealed envelope in order to assure confidentiality. Such forms will be viewed only by the persons required for approval, and shall be placed in the appropriate files.
3. The number of continuous days of personal emergency leave allowable shall be in accordance with the following:
No. of Days/Week of Assignment No. of Consecutive Assignment Days of Leave 5 6 4 5 3 4 2 3 1 2
G. Pregnancy Disability Leave (PDL)
1. A unit member who is absent from duties because of disability caused by or contributed to by pregnancy, miscarriage, childbirth, or recovery therefrom has the right to up to four months of Pregnancy Disability Leave (PDL). Up to six weeks of PDL is District-paid leave and not deducted from sick leave. To utilize PDL before or after the delivery date, the employee shall be required, within six (6) weeks post–delivery, to provide a physician's statement as to the expected length of disability/ability to return to work. Should circumstances cause a re-evaluation of the expected length of disability/ability to return to work, an additional statement from the physician shall be required. A unit member who requires leave beyond six weeks and provides documentation from her physician shall have the right to utilize sick leave, unpaid leave, or provisions of 17.D above for the additional time off required.
2. PDL is not intended to be used as child care leave, which is an unpaid leave. PDL is separate from Family Medical Leave (FMLA), to which a full-time unit member may be entitled. (See Article 17.H, Family Medical Leave.) Part-time unit members are not eligible for FMLA but may be eligible for extended District-paid medical and dental benefits (see Article 21.B.1.4) and may have a reemployment preference right (see Article 13-1.G).
1. Eligibility
1.1 Full-time unit members who have been employed by the District for a total of at least fifty-two (52) weeks, whether or not those weeks were consecutive, and who were employed at more than a 67% load during the past year, shall be eligible for Family Medical Leave.
1.2 Part-time unit members are ineligible for leave under this Article. However, they may have certain reemployment preferences under Article 13-1.G, and (2) be eligible for District-paid medical and dental benefits pursuant to Article 21.B.1.4.
2. Use of Sick Leave
2.1 A full-time unit member shall use accrued sick leave as part of any Family Medical Leave taken because of the employee’s own serious health condition, except when the employee is receiving compensation pursuant to a disability plan or workers’ compensation benefits. The District and employee may agree to allow the use of accrued sick leave to supplement disability or workers’ compensation benefits in circumstances when said benefits only provide partial replacement of an employee’s income.
2.2 Pursuant to California’s “Kin Care” law, a full-time unit member may use up to five days of his or her yearly sick leave entitlement when otherwise unpaid family medical leave is taken to care for an ill spouse, domestic partner, child, or parent. Additional accrued sick leave may be used for Kin Care or other types of Family Medical Leaves by mutual agreement between the District and the employee.
2.3 Use of accrued sick leave during otherwise unpaid family medical leave does not extend the amount of leave allowed.
3. Events for Which Leave will be Granted – Family Medical Leave will be granted to eligible full-time unit members in the following circumstances:
3.1 For the birth of a child of the employee, and for the care of the newborn child of the employee;
3.2 For the placement of a child with the employee in connection with the adoption or foster care of the child by the employee;
3.3 For the care of a family member of the employee who has a serious health condition, including both physical and psychological care. For purposes of this Article, "family member" is defined as the child, parent, spouse or domestic partner of the employee;
3.4 Due to the serious health condition of the employee which makes the employee unable to perform the essential functions of his or her position. A "serious health condition" of the employee includes any illness, injury, impairment, or physical or mental condition that involves any of the following:
3.4.1 A period of incapacity or treatment in connection with inpatient care (i.e., an overnight stay) in a hospital, hospice or residential medical care facility.
3.4.2 A period of incapacity of more than three (3) consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also involves the following: treatment two (2) or more times by a health care provider within thirty (30) days of the first day of incapacity, or treatment by a health care provider on at least one (1) occasion which results in continuing treatment under the health care provider’s supervision. An in-person visit is required to the health care provider, and the first visit must take place within seven (7) days of the first day of incapacity.
3.4.3 Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which requires periodic visits (at least twice per year) to a health care provider for treatment, continues over an extended period of time, and may cause episodic rather than a continuing period of incapacity (such as asthma, diabetes, epilepsy.)
3.4.4 A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer’s, severe stroke, terminal stages of a disease). The employee or family member must be under the continuing supervision of a health care provider, but need not be receiving active treatment.
3.4.5 Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three (3) consecutive calendar days in the absence of medical treatment, such as cancer (chemotherapy, radiation), severe arthritis (physical therapy), or kidney disease (dialysis.)
3.4.6 Routine physical examinations and voluntary or cosmetic treatments which are not medically necessary are not "serious medical conditions" unless inpatient hospital care is required.
3.5 For a “qualifying exigency” arising out of the fact that an employee’s spouse, domestic partner, child or parent is on active duty or has been notified of an impending call or order to active duty (“qualifying exigency leave”).
3.5.1 Qualifying exigency leave is limited to relatives of National Guard and Reserve servicemembers and of Armed Forces retirees who are in federal service. It does not apply to relatives of the Regular Armed Forces on active duty because those individuals, according to federal law, do not serve under a call or order to active duty.
3.5.2 For purposes of qualifying exigency leave, “child” means the employee’s biological, adopted or foster child, stepchild, legal ward, or a child for which the employee stood in loco parentis, who is of any age.
3.5.3 The following are examples of a “qualifying exigency,” so long as the need for leave relates to active military duty or a call to active duty: (1) addressing issues arising from a short-notice deployment (defined as seven (7) days or less); (2) attending military sponsored events; (3) arranging childcare or participating in school activities; (4) making or updating financial or legal arrangements; (5) attending counseling; (6) spending time with a servicemember who is on short-term rest and recuperation leave during the period of deployment (leave limited to up to five (5) days for each instance of rest and recuperation); (7) participating in post-deployment activities, such as arrival ceremonies, reintegration briefings and other military sponsored events for a period of ninety (90) days following the termination of the active duty status; and (8) addressing other issues arising out of the active duty or call to active duty provided that the District and employee agree such leave shall qualify as an exigency and agree to both the timing and duration of such leave.
3.6 To care for a current member of the Armed Forces, National Guard or Reserves who has a serious injury or illness if the employee is the spouse, domestic partner, child, parent or next of kin of the servicemember (“military caregiver leave”).
3.6.1 Military caregiver leave does not apply to relatives of former members of the Armed Forces, National Guard and Reserves or those on the permanent disability retired list.
3.6.2 For purposes of military caregiver leave, “next of kin” means the nearest blood relative other than the servicemember’s spouse, domestic partner, parent or child, in the following order: blood relatives who have been granted legal custody of the servicemember by court decree, siblings, grandparents, aunts and uncles, and first cousins, unless the servicemember has designated in writing another blood relative as his or her nearest blood relative.
3.6.3 For purposes of military caregiver leave, a “serious injury or illness” is an injury or illness incurred by a servicemember in the line of duty on active duty that renders the servicemember unfit to perform the duties of his or her position.
3.6.4 For purposes of military caregiver leave, “child” means the employee’s biological, adopted or foster child, stepchild, legal ward, or a child for which the employee stood in loco parentis, who is of any age.
4. Amount of Leave – The length of leave depends upon the type of Family Medical Leave taken.
4.1 Full-time unit members who are eligible for Family Medical Leave are entitled to take up to twelve (12) weeks of leave in a twelve (12) month period when the leave is taken for the following reasons: (1) birth of an employee’s child; (2) placement of a child with the employee for adoption or foster care; (3) to care for a family member with a serious health condition; (4) due to the employee’s own serious health condition; and (5) due to a qualifying exigency arising from an employee’s family member being on active duty or called to active duty. The twelve (12) month period shall be a rolling 12-month period running backward from the date the leave is first used.
4.2 Full-time unit members who are eligible for Family Medical Leave are entitled to take up to twenty-six (26) weeks of military caregiver leave in a single twelve (12) month period to care for a family member who is a current military servicemember and has suffered a serious injury or illness in the line of duty.
4.2.1 The single twelve (12) month period begins the first day an employee takes leave and ends twelve (12) months after that date. If an eligible employee does not take all of his or her twenty-six (26) weeks of military caregiver leave entitlement during the single twelve (12) month period, the remaining part of the twenty-six (26) weeks of leave entitlement is forfeited.
4.2.2 An eligible employee is entitled to a combined total of twenty-six (26) weeks of leave for any FMLA qualifying reason during the single twelve (12) month period. Thus, for example, an eligible employee may, during the single 12 month period, take 16 weeks of military caregiver leave and 10 weeks of leave to care for a newborn child. However, the employee may not take more than 12 weeks of leave to care for the newborn child during the single 12 month period, even if the employee takes fewer than 14 weeks of military caregiver leave.
4.3 Employees may take leave in a single block, intermittently, or by a reduced leave schedule. "Intermittent leave" is defined as leave taken in separate blocks of time due to a single illness or injury, rather than for one continuous period of time. "Reduced leave schedule" is defined as a leave schedule that reduces the employee’s usual number of hours per workweek or workday.
4.3.1 Intermittent leave or reduced leave schedule may be taken for the serious health condition of the employee, to care for a family member with a serious health condition, or to care for a seriously ill military servicemember where the patient's health care provider certifies that the serious health condition warrants this type of leave.
4.3.2 Qualifying exigency leave may also be taken on an intermittent or reduced leave schedule.
4.3.3 Intermittent or reduced leave schedule may be taken for the birth, adoption or foster care of a child or care of a newborn, only by mutual agreement between the District and the employee. The District shall predicate its agreement to intermittent or reduced leaves on considerations dictated by student needs, the needs of the instructional program, and the needs of employees requesting such leave. The District’s agreement is not required, however, if the mother or child has a serious health condition.
4.3.4 If the employee requests intermittent leave or reduced schedule leave because of his or her serious health condition, to care for a family member with a serious health condition, to care for a seriously ill servicemember, or if the District agrees to permit such leave for the birth of a child or placement of a child for adoption or foster care, the District may require the employee to transfer temporarily to an available alternate position for which the employee is qualified and which has equivalent pay and benefits and better accommodates the recurring periods of leave than the employee’s regular position.
4.3.5 The employee shall make all reasonable efforts to structure his/her leave request to balance the need for family medical leave with the needs of the instructional program.
4.4 Interaction of FMLA with Pregnancy Disability Leave (Article 17.G) – An employee who takes Family Medical Leave for the birth of a child may also take pregnancy disability leave for any period up to four (4) months during which she is physically disabled due to the pregnancy or childbirth. The pregnancy disability leave is in addition to the maximum Family Medical Leave and may be paid for and taken in the manner described in Article 17.G.
5. Benefits
5.1 During the period a full-time unit member is on Family Medical Leave, the District will maintain the employee’s coverage under all health plans to the same extent as if the employee were not on leave.
5.2 Employees on unpaid Family Medical Leave shall be entitled to participate in other benefit plans to the same extent as employees who take other types of unpaid leave.
5.3 The District shall cease providing benefits when the employee’s Family Medical Leave is exhausted or whenever the employee informs the District that he or she does not intend to return from leave.
5.4 If an employee exhausts his or her Family Medical Leave and does not return to work, the employee must repay the benefit premiums paid by the District during the period of unpaid leave. In such circumstances the District may make a deduction from any sums due the employee, to cover the cost of the premiums, in accordance with the District’s Salary Overpayment Standard Operating Procedure and State wage garnishment laws. The employee is not required to repay the premiums where the failure to return to leave is due to the following:
5.4.1 The continuation, recurrence, or onset of a serious health condition of the employee or a family member which would entitle the employee to Family Medical Leave, were his or her leave not exhausted. The employee must provide certification of the condition from the patient's health care provider within thirty (30) days; or
5.4.2 Other circumstances beyond the employee’s control, such as the unexpected job transfer of a spouse or the serious health condition of a person other than a defined family member, who requires the employee’s care. The employee shall provide verification of these circumstances within thirty (30) days.
5.4.3 An employee’s desire to stay with a family member for whom care is no longer medically necessary, or a parent's desire to remain home with a newborn child are not "other circumstances beyond the employee’s control."
5.5 Full-time unit members on Family Medical Leave remain employees of the District and the leave will not constitute a break in service.
6. Verification – Before a Family Medical Leave will be granted, the full-time unit member must provide written certification supporting the need for the family medical leave as follows:
6.1 If leave is requested due to the employee’s serious health condition, the employee’s health care provider must certify the date of commencement and probable duration of the condition and the employee’s inability to perform essential job functions. If intermittent or reduced schedule leave is sought, the certification should indicate the medical necessity for such leave and its expected duration. The certification may not disclose the nature of the condition.
6.2 If leave is requested to care for a family member with a serious health condition, the family member's health care provider must provide certification of the date of commencement and probable duration of the serious health condition and a statement that the serious health condition warrants the participation of a family member. If intermittent or reduced schedule leave is sought, the certification should indicate the medical necessity for such leave and its expected duration. The certification may not disclose the nature of the condition.
6.3 “Health care provider” is defined as: a doctor of medicine or osteopathy, podiatrist, dentist, chiropractor, clinical psychologist, optometrist, nurse practitioner, nurse-midwife, clinical social worker, and physician assistants who are authorized to practice by the State and performing within the scope of their practice as defined by State law, a Christian Science practitioner, or any provider from whom the employee's health plan will accept medical certification to substantiate a claim for benefits.
6.4 If leave is requested for a qualifying exigency arising from active duty or a call to active duty, the employee must provide a copy of the military member’s active duty orders. The employee will also be required to submit a certification setting forth the following information: (1) the name of the servicemember; (2) the employee’s relationship to the servicemember; (3) the reason for requesting qualifying exigency leave; (4) the date on which the qualifying exigency commenced or will commence; (5) the probable duration of the qualifying exigency leave; (6) if intermittent leave or reduced schedule leave is required, the anticipated frequency and duration of the leave; and (7) if the qualifying exigency involves meeting with a third party, the certification should include contact information for the individual or entity with whom the employee is meeting and a brief description of the purpose of the meeting.
6.5 If military caregiver leave is requested, the employee must provide a certification from a health care provider setting forth the following: (1) whether the servicemember’s injury or illness was incurred in the line of duty on active duty; (2) the approximate date on which the serious injury or illness commenced and its probable duration; (3) whether the injury or illness renders the servicemember unfit to perform his or her duties; (4) whether the servicemember is receiving medical treatment, recuperation or therapy; (5) information sufficient to establish the servicemember is in need of care and the estimated duration of the need for care; and (6) if intermittent leave or reduced schedule leave is required for medical appointments, the medical necessity for the servicemember to have such periodic care and an estimate of the frequency and duration of the treatments.
6.5.1 The military caregiver leave certification must be completed by one of the following: a United States Department of Defense (DOD) health care provider; a United States Department of Veterans Affairs health care provider; a DOD TRICARE network authorized private health care provider; or a DOD non-network TRICARE authorized private health care provider.
6.5.2 The employee may also be required to provide a further certification containing the following information: (1) the name of the servicemember; (2) the relationship of the employee to the servicemember; (3) whether the servicemember is a current member of the Armed Forces, National Guard or Reserves, and the servicemember’s military branch, rank, and current unit assignment; (4) whether the servicemember is assigned to a military medical facility and the name of the facility; (5) whether the servicemember is on the temporary disability retired list; and (6) a description of the care to be provided to the servicemember and an estimate of the duration of the leave.
6.5.3 In lieu of such certification, the District will accept “invitational travel orders” (“ITOs”) or “invitational travel authorizations” (“ITAs”) issued to a family member to join an injured or ill servicemember at his or her bedside.
6.6 If the leave is foreseeable, the employee must provide certification within a reasonable time after the District requests it. The leave may be denied if certification is not received within a reasonable time. When the leave is not foreseeable, the employee may begin the leave, but must provide certification within a reasonable time of request. A reasonable time will usually be within 15 days, unless there is an emergency which makes it impracticable to provide certification within that time.
6.7 The District may require recertification of the employee’s serious health condition on a reasonable basis if additional leave is requested.
6.8 When an employee requests leave for his or her own serious health condition and the District has reason to doubt the validity of the certification, it may require, at its expense, that the employee obtain the opinion of a second health care provider designated or approved by the District, who is not regularly used or employed by the District. If the second opinion differs from the first, the District may require, at its expense, that the employee obtain the opinion of a third health care provider jointly selected by the District and the employee. The third opinion shall be final and binding.
6.9 Family Medical Leave runs concurrently with paid sick leave, and verification requirements shall be consistent with paid sick leave under Article 17.C.
7. Notice by the Full-Time Unit Member – Full-time unit members shall provide the District with reasonable advance notice of the need to take Family Medical Leave and its estimated duration. Leave shall not be denied for failure to give advance notice when the lack of notice is due to an emergency or otherwise unforeseeable situation.
7.1 If the employee becomes aware of the need for a leave more than thirty (30) calendar days in advance, the employee shall give reasonable written notice, which shall usually be thirty (30) days.
7.2 If the employee becomes aware of the need for a leave less than thirty (30) calendar days in advance, the employee shall give written notice within five (5) working days after becoming aware of the need for the leave, where that is possible.
7.3 If the leave is needed for a planned medical treatment or planned supervision of a family member with a serious health condition, the employee shall give reasonable advance notice of the leave and may be requested to meet with the District's designee to discuss scheduling to minimize disruption to District operations. Any such scheduling shall be subject to the approval of the health care provider.
8. Reinstatement – Upon return from Family Medical Leave, a full-time unit member will be reinstated to the position he or she held prior to the commencement of the leave or to an equivalent position, subject to the following:
8.1 If the leave was due to the employee’s serious health condition which prevented him or her from performing the essential functions of the job, the employee may be required to provide verification of his or her ability to work pursuant to Article 17.C.6.
8.2 An employee has no greater right to reinstatement than if the employee had been continuously employed during the Family Medical Leave. Therefore, the District may deny reinstatement if the employee would have been laid off or otherwise terminated during the Family Medical Leave for reasons unrelated to the leave.
I. Industrial Accident and Illness Leave – For accident or illness which is job-incurred, unit members shall be provided leave benefits under the following provisions:
1. Allowable leave shall be sixty (60) days during which the schools 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 (1) fiscal year for the same accident.
2. Allowable leave shall not be accumulated from year to year.
3. Industrial accident or illness leave shall commence on the first (1st) day of absence.
4. When a unit member is absent from his/her duties on account of an industrial accident or illness, he/she shall be paid such portion of the salary due him/her for any month in which the absence occurs as, when added to his/her temporary disability indemnity under Division 4 (commencing with Section 3201) 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. The phrase "full salary" as utilized in this section shall be computed so that it shall not be less than the unit member's "average weekly earnings" as that phrase is utilized in Section 4453 of the Labor Code. For purposes of this section, however, the maximum and minimum average weekly earnings set forth in Section 4453 of the Labor Code shall otherwise not be deemed applicable.
5. Industrial accident or illness leave shall be reduced by one (1) day for each day of authorized absence regardless of a temporary disability indemnity award.
6. When an industrial accident or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused industrial accident or illness leave due him/her for the same illness or injury.
7. Upon termination of the industrial accident or illness leave, the unit member shall be entitled to the benefits provided in Education Code Sections 87781 and 87786, and for the purposes of each of these sections, his/her absence shall be deemed to have commenced on the date of termination of that industrial accident 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 indemnity, will result in a payment to him/her of not more than his/her full salary.
8. During any paid leave of absence, the District will issue the employee appropriate salary warrants for payment of the salary including, where appropriate, temporary disability indemnity, and will deduct normal retirement and other authorized contributions; all without the necessity of preparing and issuing a temporary disability indemnity check to the employee who then endorses it to the District.
9. Any unit member receiving benefits as a result of this section shall, during periods of injury or illness, remain within the State of California, unless the Board of Trustees authorizes travel outside the state.
10. Re-employment (Following Leave Exhaustion)
10.1 When a permanent employee has been on an extended leave due to industrial accident or illness, and, all leaves are exhausted, paid or unpaid, he/she will be placed on a reemployment list for a period of thirty-nine (39) months. If at any time, during the thirty-nine (39) months, the employee is able to assume the duties of his/her position, he/she will be reemployed in the first (1st) vacancy in the classification of his/her previous assignment. Upon resumption of his/her duties, the break in service will be disregarded and he/she will be fully restored as a permanent employee.
1. Unit members shall be granted, without loss of salary, sick leave or other benefits, leave of absence not to exceed three (3) days, or five (5) days if out-of-state travel is required, per occurrence on account of death of any member of the employee's immediate family in accordance with the following table.
1.1 The number of continuous days of bereavement leave allowable shall be in accordance with the following:
No. of Days/Week
of AssignmentTotal No. of Days of Paid
Bereavement Leave to be
Taken ContinuouslyIn-State 5 3 5 4 3 4 3 3 3 2 2 2 1 1 1
2. "Member of the immediate family," as used in this section, means the mother, father, daughter, son, sister, brother, grandmother, grandfather, or grandchild of the employee or of the employee's spouse or domestic partner, and the spouse, domestic partner, son-in-law, daughter-in-law, or any person living in the immediate household of the employee.
1. When regularly called for jury duty or as a witness in the manner provided by law, unit members shall be granted, upon request, a leave of absence without loss of pay for each day the employee is required to perform jury duty, make an appearance at court, or serve as a witness during the employee's regularly assigned working hours. (See Article 17.F.1.2, above.)
1.1 "On-Call" Status – In jurisdictions where employees are placed in "on call" (as opposed to "courtroom") status by the jury commissioner, such employees shall perform all regular assignments unless unable to report for duty because of the court "on call" requirements; that is, employees are required to return to work during any day, evening or weekend assignment in which jury duty/witness services are not required.
1.1.1 In cases where a unit member cannot complete a full day's assignment because he/she has been ordered to report to "courtroom status," the employee shall immediately notify the appropriate Department Chairperson or Administrator of his/her change from "on call" status.
1.2 Employees who are in "courtroom status" during a day shall, upon request, be excused, with pay, from an evening assignment which is part of their regular assigned workload. Effective fall semester 2006, the District will compensate for a regularly scheduled overload extra pay assignment of the unit member, but will not compensate for a block overload assignment.
2. Forms Required
2.1 Request for jury duty/witness leave should be made by presenting as soon as possible the official summons, or subpoena as a witness, to the unit member's immediate supervisor or District designee, who shall supply the unit member with the appropriate form.
2.2 Request for Compensation for Jury Duty/Witness Leave – District requires verification from the court for such leave prior to providing leave compensation. Each unit member shall submit to Payroll a completed Jury Duty/Witness Leave Request for Compensation form after having served.
3. The unit member shall reimburse to the District any moneys earned as a juror or witness, except for transportation and meal allowance.
4. A unit member regularly called for jury duty or as a witness 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.
L. Sabbatical Leave – Full-Time Tenured Unit Members
1. General Information – All applications for sabbatical leave will be submitted on a form provided by the District and will include a full statement of the purpose and plans for use of such leave. This full statement becomes a major part of the employee's sabbatical contract with the District. All sabbatical leave applications shall be submitted one academic year in advance only. The completed sabbatical leave application shall be submitted to the Human Resources Department no earlier than the first day of the applicable Fall semester and no later than the deadline in the schedule that follows in Section 17.L.4, below, for all sabbatical leaves.
2. Basic Eligibility – At the time of application, a full-time tenured unit member must have completed at least twelve (12) credited semesters of service equiring certification qualifications or the equivalent, all of which shall have been in the San Francisco Community College District.
General – Unpaid leaves are not counted as service for sabbatical leave basic eligibility; however, credited semesters are not required to be consecutive semesters.
2.1 A semester of service shall be credited to full-time employees upon completion of service of at least seventy-five percent (75%) of the regular full load within their discipline for an entire semester.
2.2 Temporary part-time service is not credited for eligibility.
2.3 Long-term substitute service is not credited for eligibility except that service as a full-time long-term substitute for the complete academic year immediately preceding a full-time contract (probationary) appointment shall be credited as one (1) year.
2.4 Grant or categorical service is not to be credited for eligibility except that service as a full-time grant/categorical employee for the complete academic year immediately preceding a full-time contract (probationary) appointment shall be credited as one (1) year.
2.5 Notwithstanding any such crediting of semesters to long-term substitute or to grant/categorical service, no probationary employee shall be eligible for, or be granted, a sabbatical leave prior to completion of his/her probationary status.
2.6 Service intervening between two semesters of a split one-year sabbatical shall be counted toward future sabbatical leave eligibility.
3. Selection in the Event Applicants Exceed Available Leaves
3.1 If a sufficient number of eligible full-time tenured unit members apply, sabbatical leaves shall be granted so that four percent (4%) of the total full-time faculty will be on leave each semester; however, at least three-fourths (¾) of such four percent (4%) granted and on leave must be for one (1) year sabbaticals.
3.2 In the event applications by eligible unit members exceed the number of leaves available, sabbatical leaves shall be granted as determined by the following order:
3.2.1 Greatest number of service semesters of full-time service of at least seventy-five percent (75%) of the regular full load since date of hire or date of last sabbatical leave, whichever is later; if equal,
3.2.2 Least number of sabbaticals taken previously; if equal,
3.2.3 Earliest hire date in a probationary status; if equal,
3.2.4 Earliest continuous temporary, part-time service hire date within the District; if equal,
3.2.5 By lottery.
4. Sabbatical Applications, Deadlines and Process:
Apply This Semester:(By Deadline Date Indicated) For Sabbatical BeginningThis Semester: Notification by District Fall, 2009 9/9/09 F 2010 10/13/09 Fall, 2009 9/9/09 S 2011 10/13/09 Fall, 2010 9/9/10 F 2011 10/14/10 Fall, 2010 9/9/10 S 2012 10/14/10 Fall, 2011 9/8/11 F 2012 10/12/11 Fall, 2011 9/8/11 S 2013 10/12/11 Fall, 2012 9/12/12 F 2013 10/17/12 Fall, 2012 9/12/12 S 2014 10/17/12 4.1 The District shall notify those who have applied for sabbatical whether or not their sabbaticals will be granted. Notification dates are in 17.L.4.
a. Sabbatical leave may be granted for no more than one (1) year (two [2] semesters). An employee may elect to split his/her one (1) year (two [2] semester) sabbatical leave into two (2) non-consecutive semesters within a three (3) year period.
b. Those on a one (1) semester sabbatical leave shall receive one hundred percent (100%) of full salary for such semester.
c. Those on a one (1) year sabbatical, or on a one (1) year split-semester sabbatical shall receive sixty percent (60%) of full salary for such period(s).
d. A split sabbatical, at 60% salary while on sabbatical status: Applicants must indicate on the initial application for the first half of a split, the semester in which the second half of a split will be taken. Where applicant does not indicate a preference, the following applies: Applications for the second half of a split sabbatical must be submitted during the Fall application period immediately following return from the first half of a split, or no later than the Fall application period an academic year in advance of the second half of the split.
e. Notwithstanding any other provision of this Agreement, District may delay for an additional semester a sabbatical leave to those otherwise eligible where granting of such leave is deemed detrimental to the educational programs and needs of the District.
(i) Such reason(s) shall be in writing from the Chancellor.
(ii) AFT 2121 shall be immediately notified of such decision(s).
(iii) AFT 2121 shall investigate and, upon request, shall meet with the appropriate Chancellor/designee to discuss the justification for the deferral and possible alternatives.f. An applicant may apply for Fall semester only, Spring semester only, or one or the other. Once a sabbatical leave is granted for a given semester, no switching of semesters may occur.
g. An applicant may apply for a one-year or split sabbatical leave to begin in the next succeeding Fall semester or to begin in the next succeeding Spring semester thereafter, or either Fall or Spring. Once a sabbatical leave is granted, no switching of the beginning semester may occur.
h. Once a sabbatical has been awarded, the employee is committed to a sabbatical leave contract. A request for rescission will be considered by administration. Where the District agrees that the employee may withdraw, and where another eligible unit member is not available to fill the leave, that leave is added to the leaves of the next academic year. However, in no event can more than a total of two (2) additional leaves be carried over.
5. Application Rejected
If a sabbatical leave application is rejected, the employee may, within ten (10) working days of receipt of notice of rejection, file an appeal of such rejection to the Chancellor. The Chancellor may hear the appeal, or may appoint one or more persons to an advisory panel to hear the appeal and recommend a decision to the Chancellor. The Chancellor shall review any such advisory opinion prior to making a final decision. Such decision shall be final and binding on all parties.
6. Approved Activities for Sabbatical Leaves
6.1 Sabbatical Leave for Study
6.1.1 During a sabbatical, an employee shall complete at least nine accredited semester units, or their equivalent, of courses approved in advance per semester, and the employee shall be credited for one complete semester or year of service for salary increment purposes.
6.1.2 Transcripts or other evidence of completion shall be submitted to the Human Resources Department within sixty (60) days of the employee's return to duty, except that if credit is to be claimed for salary classification or for increments, transcripts must be received by the District’s Human Resources office by November 30 to affect salary placement for that current academic year (Article 20.D.5).
6.1.3 A special project or research problem may be substituted for the unit requirement if it is approved in advance by the Chancellor or his/her designee.
6.2 Sabbatical Leave for Travel
6.2.1 Employees on sabbatical leave shall remain in travel status at least 80% of their sabbatical term, and the employee shall be credited for one complete semester or year of service for salary increment purposes.
6.2.2 The application for leave shall include, in general terms, an itinerary of the proposed travel, together with a statement concerning the proposed objective.
6.3 Where accident, illness, or other extenuating, unforeseen circumstances prevent completion of an original sabbatical plan, the employee may request approval of a revised plan.
7. Employee Obligation on Return from Sabbatical
7.1 Within sixty (60) calendar days of the employee's return to duty, a detailed itinerary (where applicable) and written report describing and documenting the activities and accomplishments of the employee, how the program of study or travel agreed upon was carried out, and/or how the intent and purposes of the sabbatical were satisfied during the sabbatical leave, shall be submitted to the Human Resources Department where a receipt will be issued to the employee. The Chancellor or designee shall indicate acceptance or rejection within sixty (60) calendar days from date of receipt.
7.1.1 If the employee is taking a split semester sabbatical leave, an interim report is required detailing his/her itinerary (where applicable) and a written report describing and documenting the activities and accomplishments of the employee, how the program of study or travel agreed upon was carried out, and/or how the intent and purposes of the sabbatical leave were satisfied during the sabbatical leave.
Such report shall be submitted to the Human Resources Department where a receipt will be issued to the employee. The Chancellor or designee shall indicate acceptance or rejection within sixty (60) calendar days from date of receipt.
7.2 If the Chancellor or designee(s) finds the report submitted is unsatisfactory, or has not been submitted, he/she shall:
7.2.1 If unsatisfactory, notify the employee in writing, including reason(s) for rejection and require the employee to rewrite the report within twenty (20) working days. If the second report is still unsatisfactory, the employee shall be notified in writing with the reason(s) for rejection, and that pursuant to the pertinent provisions of the Education Code, the salary payment due the employee for his/her last four (4) weeks of service for the year will be withheld until a satisfactory report is submitted.
7.2.2 If not submitted, notify the employee in writing and inform the employee that pursuant to the pertinent provisions of the Education Code, the salary payment due the employee for his/her last four (4) weeks of service for the year will be withheld until a satisfactory report is submitted.
7.2.3 Notwithstanding 17.L.7.2.1 above, if a sabbatical leave report is rejected by the Chancellor or designee, the employee may, within ten (10) working days of receipt of notice of rejection, file an appeal of such rejection to the Chancellor. The Chancellor may hear the appeal, or may appoint one or more persons to an advisory panel to hear the appeal and recommend the Chancellor's response. The Chancellor shall review any such advisory opinion prior to making a final decision. Such decision shall be final and binding on all parties.
7.3 The Sabbatical Review Committee may, for good cause, recommend to the Chancellor an extension of time not to exceed one academic year for the purpose of completing the necessary requirements/report of the sabbatical. The decision of the Chancellor is final and binding.
7.4 The District reserves the right to print and distribute sabbatical reports.
8. Required Services Following Sabbatical Leave
8.1 An employee must serve two years of consecutive service at his/her full load after a one-year sabbatical leave, and one year of consecutive service at his/her full load after a one-semester sabbatical leave.
8.2 The District will consider exceptions to the post-sabbatical service requirement (consecutive and full-load requirement only) in Section 8.1, above, on a case-by-case basis. In making its determination, the District will consider the nature of the employee’s request and such factors as the impact on District programs, operation, and staffing and applicable provisions of this Agreement. Any requests for exceptions shall be made in writing to the Vice Chancellor of Academic Affairs or Vice Chancellor of Student Development and the Director of Human Resources. Absent extenuating circumstances, the request must be submitted within the first two weeks of the semester prior to the semester in which the employee will commence fulfillment of his/her required post-sabbatical service. The terms of any exception granted pursuant to this section shall be in writing.
9. In case the program of study or travel, as agreed upon in the sabbatical leave contract with the District, is interrupted by serious accident or illness during such leave, and the accident or illness is properly verified by a qualified physician, such interruption shall not constitute a violation of the contract or prejudice the employee against receiving the rights and benefits provided for under the terms of the sabbatical leave. However, this provision is based on the fact that such interruption does not extend over a period of time that would cause the purposes of the sabbatical leave to be abandoned. In the latter case, the sabbatical leave would be terminated and sick leave would be substituted. If a sabbatical is terminated due to illness or serious accident, the sabbatical leave salary shall also be terminated. In all cases of serious accident or illness of an employee on sabbatical leave, the District shall be notified by registered letter after occurrence or medical diagnosis.
M. Professional Growth Leave – Professional Growth Leave may be granted by the Chancellor or his/her designee to any unit member, with or without pay, travel or other expenses, or fees, where such leave is determined as beneficial to the District.
N. Partial Load Leave – By mutual agreement between the employee and management, a full-time tenured or tenure-track (probationary) unit member may be granted a reduction from his/her full work load requirements. The employee shall receive pay on a pro rata basis as the load reduction bears to his/her full load salary schedule placement. Salary steps shall be given in accordance with Article 20.C.1. Retirement credit, if any, shall be in accordance with the retirement programs' respective provisions.
O. Pre-Retirement Workload Reduction For Full-Time Unit Members – State law allows pre-retirement reduction of workload in accordance with Education Code Section 87483 and 22713. These provisions are to remain effective only if legislation continues to permit such reductions under the same terms and conditions.
1. Age Requirement – The employee must be fifty-five (55) or above to be eligible for a reduction in workload according to this provision.
2. Initiation of Request – The option of reduced-load employment shall be made by the employee, and can be revoked only with the mutual consent of the District and employee. When specifying the length of time for a reduced pre-retirement workload, the employee is urged to consider the impact on District programs created by a request for a long-term reduced schedule, including staffing needs and the availability of part-time or full-time substitutes in the employee’s area of specialization.
3. Other Requirements – The employee must have been employed full-time in the San Francisco Community College District in a position requiring certification for at least ten (10) years, of which the immediately preceding five (5) years were full-time employment without a break in service. Sabbaticals, other approved leaves of absence, and unpaid absences from the performance of creditable service for personal reasons do not constitute a break in service. "Full-time" in this subsection shall be defined in accordance with STRS requirements.
4. Workload – The minimum workload for reduced-load employment shall be the equivalent of one-half (½) of the annual full-time workload as defined elsewhere in this Agreement. Employees who teach under this plan shall be given the same consideration as full-time unit members in regard to class assignments, scheduling and class sizes. Employees who work one-half (½) of a full-time workload may be able to fulfill their annual assignment by working full-time for one (1) regular semester.
5. Duration – Pre-retirement reduction in workload is limited to a period of ten (10) years. Retirement can be taken at the end of any reduced workload work-year, but retirement shall be mandatory at the conclusion of the ten-year pre-retirement program period.
6. Salary and Fringe Benefits – The employee shall be paid a salary which is the pro rata share of the salary which the employee would have earned had he or she not elected to exercise the option of reduced workload. The employee shall retain all other rights and benefits enjoyed by full-time unit members.
7. Retirement System – The employee shall receive retirement credit as if he/she were employed on a full-time basis. The employee contributions will be the same as if the employee were employed on a full-time basis, the District contributions will be as required by law.
8. Notification Dates
8.1 An employee shall apply within ten (10) working days following the beginning of a spring semester for the following fall semester.
8.2 If the District and employee mutually agree as to the duties and terms of the retirement contract, such terms shall be reduced to writing within 20 working days of application unless the parties agree to extend that time. Effective July 1, 2008, the agreement between the District and the employee must be in place and in effect as of the beginning of the school year and remain in effect for the full school year.
9. The Chancellor or designee shall notify the employee within 20 working days of the receipt of the request for reduced workload as to whether or not a recommendation for approval of the leave requested shall be forwarded to the Board of Trustees. Notification of approval or denial shall be provided immediately upon determination by the Board.
P. Military Service Leave – Unit members shall be granted military leave in accordance with the provisions of the State of California Education Code, the State Military and Veterans Code, the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), and policies and regulations adopted by the Board of Trustees.
1. The Board of Trustees of the San Francisco Community College District, subject to the rules and regulations prescribed by the Board of Governors, may enter into an agreement with the proper authorities of any foreign country, or of any state, territory or possession of the United States, or other district within the state, for the exchange and employment of its regularly credentialed employees and employees of public schools of any foreign country, state, territory or possession or other district within this state. Any academic person so employed shall be known as an "exchange academic employee."
2. To be eligible for an exchange leave, an employee must be a full-time tenured unit member for at least one full year and/or have served a minimum of two (2) years at his/her full load immediately prior to the period of the exchange leave.
3. An employee of the San Francisco Community College District may apply for such an exchange under an exchange leave.
4. Exchange leaves may be granted to employees upon approval of the Board of Trustees.
5. The exchange leave is for one semester or one academic year only, unless extended for an additional year upon mutual agreement among the four parties; the educational institutions and the two exchanged employees.
6. The San Francisco Community College District shall pay its employee the usual and full salary for the period of assignment with the host institution.
7. The San Francisco Community College District shall continue to contribute to its employee's fringe benefits in the same manner as if the employee were not exchanged.
8. At the completion of the exchange and upon return to duty in the San Francisco Community College District, the employee must serve at least two (2) consecutive years at his/her full load before becoming eligible for another exchange leave.
9. The San Francisco Community College District shall not be obligated to pay any costs for transportation, living or personal expenses incurred as a result of the exchange.
1. Any full-time tenured unit member elected to the State Legislature shall be granted a leave of absence without pay for the duration of his/her elected term of office, if requested by the employee.
2. The employee must resume his/her full duties within six (6) months after his/her term of office expires.
3. Compensation for part-time services by an employee on legislative leave shall be on a pro rata basis of the employee's full-time salary.
4. Unless otherwise agreed to, an employee, upon completion of his/her term of office, shall be reinstated to a comparable position to the one he/she held prior to his/her election.
5. A person employed to take the place of an employee who has been granted a legislative leave shall not have any right to such position following the return of such employee to the position.
S. Post Retirement Consultancy Contracts – This is an incentive plan whereby the employee retires before age sixty-five (65) but after age fifty-five (55) and is eligible for retirement benefits and is contracted to perform professional services for up to five (5) years or until the retiree is sixty-five (65)--whichever comes first. The duration of the contract shall be one year unless the District and employee mutually agree, prior to early retirement, to a longer time period.
1. Eligibility – The employee must have been employed as a full-time unit member working at his/her full load (75% of the days or 75% of his/her full load) in the San Francisco Community College District for at least ten (10) years.
2. Age Requirement – The employee must have reached the age of fifty-five (55) before participation.
3. Initiation of Request – Although the employee shall initiate the request, post-retirement employment contractual arrangements are made by mutual consent of the employee and the District before retirement according to the provisions of this Article. At the option of the employee, the contract can be revoked.
4. Workload
4.1 Over the period of the plan, the employee's work assignment shall not exceed that which bears the same relationship to a full-time unit member’s workload having comparable duties as the allowable STRS maximum bears to the early retiree's place on the salary schedule.
4.2 Formula for Computation
4.2.1 In the Noncredit Program the annual workload (in days) shall be the current STRS maximum x 175 (days) divided by the retiree's final scheduled annual salary rounded off to the nearest whole number.
4.2.2 In the Credit Program the annual workload (in units) shall be the current STRS maximum x 30 (units) divided by the retiree's final scheduled annual salary, rounded off to the nearest whole number.
4.3 Duties may include any activities agreed upon between the early retiree and District other than day-to-day substitution.
4.4 Employees who perform teaching services under this plan shall be given the same consideration as full-time unit members in regard to class assignments, scheduling and class size.
4.5 Salary – The employee shall receive the maximum compensation allowable to those concurrently receiving retirement benefits. The employee may arrange with the District the manner in which this payment is made.
4.6 Fringe Benefits – Employees who retire with ten (10) or more years of service to the District and acting as consultants under this plan shall continue to receive District-paid contributions for employee and dependent family member coverage in the health and dental plans, subject to the rules and regulations of the contracts with the health and dental plan organizations and this contract. A "retired" employee shall be defined as one who has retired for service or disability and who is eligible for or is receiving a retirement allowance from the State Teachers’ Retirement System or San Francisco City and County Employees’ Retirement System.
4.7 Notification Dates
4.7.1 An employee shall apply within ten (10) working days following the beginning of the semester for the following semester.
4.7.2 If the District and employee mutually agree as to the duties and term of the retirement contract, such terms shall be reduced to writing within 20 working days of application unless the parties agree to extend that time.
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