ARTICLE 14

TEMPORARY LEAVES OF ABSENCE

A. Request for Temporary Leave of Absence

Any request for an excused, planned absence not otherwise covered by this Agreement shall be made in writing by the employee to the Superintendent through the building principal at least one (1) week prior to the requested time of absence. The Superintendent shall determine whether or not such request for excused, planned absence shall be approved, and notify the employee in question of his/her determination as soon as is practicable. In the event permission is granted, the Superintendent also shall determine whether or not deduction from salary shall be made. The Superintendent may, in his/her discretion, waive the time limits specified herein.

B. Sick Leave

1. Each member of the Unit shall be allowed sick leave without loss of salary for at least twelve (12) working days in any year on account of personal sickness or physical disability, including maternity. If the full amount of sick leave allowed is not used in any school year, the amount not used shall be accumulated from year to year. Members of the Unit employed with effective dates subsequent to September 1st shall be credited with sick leave in accordance with the following table during the first year of employment:

During the first year (12 consecutive calendar months) of employment, an employee must present a certified physician's explanation accounting for use of sick leave beyond five (5) days. Failure to provide such explanation shall result in a loss of pay equivalent to the time absent beyond five days. The five days do not have to be consecutive.

At the beginning of each subsequent year of employment, twelve (12) sick days shall be credited to each Unit member's account. There shall be no limitation on the total number of sick leave days which may be accumulated.

2. Disability due to pregnancy shall be treated in the same manner as all other temporary disabilities.

3. The employees who are absent from duty because of illness may be required, at the discretion of the Superintendent, or a designee, to file a medical report with the school medical director. When such a report is requested, the Superintendent will make a determination whether sick leave payments shall be allowed.

4. The employee shall notify the building principal or his/her designee of the use of a sick day according to reasonable procedures established for call in. If the employee anticipates that he/she will not return on the next day, the employee will call the building principal/supervisor before the end of the workday whenever possible. The employee shall be responsible to notify the principal or his/her designee of any change in status which will affect the assignment of a substitute to the employee's position. In those cases where sick leave is over five (5) days, the employee shall forward medical documentation and anticipated return date to the Health Services Office. The employee shall also call the building principal/supervisor to inform her or him of the anticipated date of return whenever possible.

5. In the event an employee in his/her first year of service in the District is dismissed, remaining sick leave available to that employee shall be prorated in such a manner that the total number of sick leave days used by that employee up to and including the effective date of termination shall not exceed:

• one (1) day for one (1) month's service

• two (2) days for two (2) months' service

• three (3) days for three (3) months' service

• four (4) days for four (4) months' service

• five (5) days for five (5) months' service

• six (6) days for six (6) months' service

• seven (7) days for (7) seven months' service

• eight (8) days for eight (8) months' service

• ten (10) days for nine (9) months' service

• twelve (12) days for ten (10) months' service

The District shall have the right to deduct any compensation for sick leave in excess of the above. Such deduction may be made from the employee's final paycheck.

C. Sickness or Death in Immediate Family

1. Each employee shall be granted up to six (6) days of leave with full pay for each death in the immediate family or the nearest relative. Such leave shall not be curtailed because of use of family illness days and shall be on a non-cumulative basis.

2. Time off for serious illness in the immediate family shall be charged against personal leave as identified in section F of this Article. Immediate family, for purposes of sections C.1 and C.2, consists of:

3. Each employee shall be allowed one (1) additional full-time teaching day to attend the funeral of any of the following members of the family:

* Permitted per affidavit to be filed with the Personnel Office.

**Upon request, the Superintendent is authorized to grant leave pursuant to section C.1.

4. The Superintendent is authorized to grant additional paid emergency or funeral leave under unusual circumstances which, in his/her judgment, justify such an exception.

D. Workers' Compensation

1. Employees who become ill or injured due to circumstances arising out of and in the course of employment shall file a report of such illness or injury with the District and with the Workers' Compensation Board. Such report shall be filed within the time, and in the manner, required by the New York State Workers' Compensation Law. In those instances where an illness or injury is determined by the District or other forum of competent jurisdiction to be compensable as arising out of and in the course of employment, the District will compensate said employee during the period of such illness or injury up to the amount of his/her full salary.

a. The District shall charge to the employee's accumulated sick leave any time taken because of such illness or injury for which the employee receives his or her regular salary. Such charge to, and deduction from, accumulated sick leave shall be proportionate to, and based upon, the percentage relationship between the employee's per diem rate and the daily compensation amount. No such pro rata deduction from accumulated sick leave shall be made in the event the compensable absence is the result of bodily or personal injury resulting from an assault upon the employee or because of gross negligence on the part of the District, except when there is contributory negligence on the part of the employee.

b. In the event the number of compensation days exhausts the employee's accumulated sick days in any school year, the employee shall continue to receive full salary. Sick days which may be credited to the employee at the beginning of the next school year shall not be charged against any compensation days taken during the prior year.

c. The District will also pay, in any compensable line of duty injury, all costs of medical expenses incurred as a result of said injury not covered by insurance provided by the terms of this Agreement. In case of an award, or third party settlement, loss of wages and/or medical or other expenses paid to the employee by the District and included in such settlement or award shall be reimbursed to the District. Any lump sum settlement or award, or damages other than such loss of wages and/or medical or other expenses, shall not be transferred to the District.

2. Employees who are absent from duty with pay, pursuant to this paragraph, may be required, at the discretion of the Superintendent, to file a medical report with the school medical director. When such a report is requested, the Superintendent will make a determination on the basis of said report and the recommendation of the school medical director whether pay shall be continued. In no instance, shall payments to an employee for service-connected disability exceed those provided under Compensation Law, unless the Superintendent, in his/her sole and exclusive discretion, shall authorize such payments, notwithstanding any determination by any compensation board which is at variance with the determination of the Superintendent.

3. Absences due to communicable diseases which have been ruled by the New York State Workers' Compensation Board to be compensable shall not be charged against the employee's accumulated sick leave days, provided that a Workers' Compensation claim has been filed, proposed, and accepted by the District. In compensation cases resulting from such illness, the weekly allowance paid the employee under Workers' Compensation will be transferred to the District.

E. Supplemental Sick Leave

1. There shall be a Sick Leave Committee, consisting of one (1) member designated by the Association, one (1) administrator appointed by the Superintendent, a third member selected by the other two, and the school medical director, who shall be an advisory member. Said Sick Leave Committee shall review and pass upon applications for additional sick leave days submitted by members of the Unit.

2. Applications for additional sick leave days may be made to the Committee by any member of the Unit who has suffered a prolonged serious illness or injury (as hereinafter defined), whose accumulated sick leave has been exhausted, and who has no other source of coverage such as income protection insurance, accident and health insurance, catastrophe insurance, etc., which would provide an income equal to the employee's salary.

3. For purposes of this Article, the term "serious illness or injury" shall be defined as one which is generally regarded as such by those in the medical profession. Any dispute as to whether or not an illness or injury is "serious", as used herein, shall be resolved by the school medical director. The purpose of this paragraph is to provide additional sick leave in extraordinary situations where a seriously ill or injured employee has no other significant means of income and cannot return to work for a prolonged period of time (after accumulated sick leave credit has been exhausted) which will create a bona fide economic hardship upon the employee. It is not intended to cover absences of a day, or several days, in excess of accumulated sick leave, or situations where there is no serious or prolonged illness or injury, or where no bona fide economic hardship exists. The Committee is authorized, however, to grant additional sick leave upon a pro rata basis where, in its discretion, it deems it appropriate to do so and such proration does not exceed the general limitations set forth herein.

4. Prior to, or no later than concurrent with, the submission of the application for additional sick leave, the employee shall provide the school medical director with a medical report setting forth the nature of the illness/injury and the anticipated date of recovery and return to work. The Committee shall have the right to request additional medical information, if it deems such information to be necessary, as well as the right to have the employee examined by the school medical director or a physician designated by the school medical director.

5. If additional sick leave is granted by the Committee, said additional leave shall not exceed sixty (60) days, and shall be chargeable upon the basis of one day for each day pay would have been received had there been no illness or injury.

6. There shall be a limitation of the total number of sick leave days which may be granted by the Committee to the extent that the total annual expenditure shall not exceed Forty-five Thousand Dollars ($45,000). It is understood and agreed that the inclusion of said maximum figure is to be in no way construed as a guarantee or commitment by the District that any of such monies must, or will, be expended in the designated time period. Said maximum represents only the total amount which is available in the event the Committee determines an application to be meritorious and within the purview of this Article.

7. The decision of the Committee shall be final, binding, and not subject to the Grievance and Arbitration Procedure set forth in Article 25 of this Agreement.

F. Personal Leave

1. All full-time employees shall be entitled to five (5) days of personal leave per school year, prorated for part-time employees. Any unused personal days shall be credited to the employee's sick leave account at the end of the school year.

2. Teachers shall be required to notify their building principal, or his/her designee, of their intention of using a personal leave day at least five (5) school days prior to the date of the leave, except under unusual circumstances. Although reasons need not be stated by the employee, it is understood and agreed that the purpose of this Article is to permit a employee to attend to personal matters which cannot be accomplished during other than normal working hours.

3. Use of consecutive personal leave days, except for reasons of family illness, shall be granted only after an employee has filed a request, in writing, with the Personnel Department stating reasons for such absence. Requests which do not meet the intent of the use of personal leave (see 2 above) or are not filed sufficiently in advance, will be denied.

4. Personal leave days may not be taken on days immediately preceding and/or subsequent to scheduled vacations except in cases of family illness or unless authorized by the Superintendent pursuant to a valid written request submitted by the employee.

5. In the event that schools are closed due to severe weather, or other emergency conditions, on a day when an employee has been granted personal leave, said day shall not be deducted from the teacher's allotment if the teacher certifies in writing to the Personnel Department that the personal business for which the day was taken could not be conducted on that day because of the severe weather or emergency conditions which caused the school(s) to be closed.

G. Jury Duty

Each employee shall be granted leave with full pay as may be necessary in order to perform jury duty. Such absence shall not be deducted from any other leave allowance. When an employee receives a notice of call to jury duty, the individual shall notify the building principal, or designee, to that effect, on the first school day following receipt of such notice by providing to the principal a copy thereof.

H. Absence for Other Judicial or Administrative Proceedings

When an employee is required to appear in court, or for any other judicial or administrative proceeding, leave with full pay as necessary to comply with the order shall be granted, provided the appearance is in some way connected with the professional duties and responsibilities of the employee. Appearances which are not in the line of duty in the District will be judged on their individual merits by the Superintendent.

I. Severe Weather and Other Emergency Conditions

1. Each employee shall receive full pay for absence due to abnormally severe weather or other emergency conditions when so certified by the principal or supervisor and approved by the Superintendent.

2. The official closing of schools by the Superintendent shall not result in loss of pay by any employee unless such closure is the result of unauthorized absence from duty by members of the Unit or unless an employee has been excused from duty, without pay, for the period of such closing.

3. Any employee who is on sick leave with pay on days when schools are closed due to weather conditions or other emergencies will receive full pay for such days and will not have said days deducted from his/her accumulated sick leave allowance.

4. In the event that schools are officially closed by the Superintendent for a period of time sufficient to require an alteration in the official School Calendar for the remainder of the year to make up the time lost, no additional compensation shall be paid to any employee for the days thereby added to the School Calendar.

J. Temporary Military Service

Employees shall be paid full salary and other benefits for any and all periods of absence while engaged in the performance of ordered temporary military duty, and while going to and returning from such duty, as required by New York State Military Law. If possible, written notice will be given the building principal or supervisor at least two (2) weeks in advance and simultaneously transmitted to the Superintendent. Every effort shall be made by the employee affected by this paragraph to serve temporary active duty obligations during periods of time when school is not in session and at the request of the Superintendent, or his/her designee, such employee shall be required to provide evidence of such effort, in the form of a written request to the appropriate military authority, to serve at a time when school is not in session. The Board agrees to intervene with the appropriate military authorities in an effort to assist the employee who is attempting to comply with this obligation. It is the intention of the parties that teachers shall not serve temporary voluntary military duty during the periods that school is in session.

K. Professional Conferences

1. Officially authorized Association delegates and/or alternates, as required, shall be granted time necessary with pay, to attend NYSUT, NYSUT Election District, Retirement, and AFT conventions, upon timely request to the Superintendent. All expenses shall be borne by the individual or the Association. Representatives of the Association, in addition to delegates and alternates, may also be excused by the Superintendent, or his/her designee, to perform official Association functions.

2. Excused absences, with pay, may be granted to any employee to attend professional meetings, conferences and workshops, when approved by the Superintendent or his/her designee.

L. Adoption

An employee shall be granted up to thirty (30) days of paid leave upon the legal adoption of a child. The number of paid days available for this purpose will be the number of unused personal leave days accumulated (and previously credited to sick leave) during the past ten (10) years. In those instances where an employee requests thirty (30) days and there are an insufficient number of such days accumulated, the remaining days shall be without pay. See also Article 15, Section 5. C.

M. Leaves Without Pay

There shall be a District committee, consisting of one (1) member to be appointed by the Association, one (1) administrator to be appointed by the District, and one (1) individual to be selected by the other two, to review requests from teachers for short term unpaid leaves of absence, of up to five (5) school days, which are in compliance with the applicable Administrative Bulletin. Said leaves shall be granted only to accommodate unusual or extraordinary circumstances and limited to the extent there shall be no more than a total of forty (40) days available for leaves of this kind during any school year with the exception of Adoption Leave (Article 14.L). There shall be no more than a total of fifty (50) available days for leaves of this kind during the remaining term of this Agreement. Written request for such leaves must be submitted to the Committee at least thirty days prior to the date of leave unless circumstances make it impossible to do so.