A. Employees who have acquired tenure in the District may be granted leaves of absence, which shall be without loss of tenure, upon the recommendation of the Superintendent and the approval of the Board. All requests for leaves of absence shall carry affirmation of intention of the applicant to return to an assignment in the District upon the termination of such leave.
The tenure requirement shall not apply in the case of request for a military leave of absence. The Superintendent is also authorized to grant leave of absence to probationary employees under extraordinary circumstances deemed acceptable to him/her.
B. Employees shall make a written application for a leave of absence. Forms will be available in the principal's office. The application shall be directed to the Director of Personnel, stating the specific reason for the leave and must be filed at least thirty (30) days prior to the effective date of the leave. Employees shall furnish whatever evidence which may be required by the Director of Personnel in support of their request.
C. Leaves of absence shall be granted for a period of one (1) year, except where leaves of longer duration are specifically permitted in other paragraphs of this Article. Special requests for periods of less than one (1) year may be granted at the discretion of the Superintendent. Employees on leave of absence shall notify the Director of Personnel of their intention for the following school year in writing and prior to June 30th. Return to duty from extended leave of absence shall be governed by the terms of the agreed upon length of the leave. Exceptions shall be permitted when, in the discretion of the District, there are good and sufficient reasons to do so.
D. Planned leaves of absence are contingent upon the availability of qualified regular substitute teachers. Regular substitute teachers shall be appointed and their names carried in the minutes of the Board as "regular substitutes" along with the names of the teacher for whom they are substituting. Regular substitute teachers so appointed are not eligible for tenure except as provided in § 2573(1) of the Education Law.
E. The Board of Education reserves the prerogative of recalling to service any or all employees who have been granted leaves of absence, when an emergency or teacher shortage makes such action necessary. It is understood, however, that leaves granted for personal illness, approved educational commitments, military service, Red Cross, Peace Corps, or V.I.S.T.A. service shall not be affected by this provision.
F. A teacher returning from any leave of absence may be reassigned to any vacancy within the District for which he/she is qualified by certification and experience, such assignment being the same, or substantially the same, as the position previously held.
G. For the year(s) in which a teacher is on an unpaid leave of absence, there shall be no advancement in step placement.
H. All leaves of absence must terminate:
1. at least five (5) working days prior to any scheduled holiday or recess; or
2. on or subsequent to the first working day following such holiday or recess.
I. A teacher who is granted a leave of absence under the provisions of this Article shall not be eligible for any of the payments set forth in Article 14 of this Agreement while on such leave.
J. Leaves of absence may be granted for any of the following reasons:
1. Continuing Education
a. Employees may be granted continuing education leave of absence, with or without pay, for a period not to exceed two (2) years, for purposes of education, travel, or other professional activities which, in the judgment of the Superintendent, are in the best interests of the District and the teacher involved. At the conclusion of such leave of absence with pay, a teacher shall return to service with the District for a minimum period equal to the duration of the leave. In the event of the teacher's failure to meet this obligation, such monies as have been paid to the teacher by the District while on such leave of absence shall be repaid to the District on a pro rata basis, unless the District waives repayment. This provision shall not apply when, for physical or other reasons beyond his/her control, the teacher is incapable of further service.
b. There are no restrictions on individual eligibility for continuing education leave, but there shall be a general limitation whereby no more than one percent (1%) of the total certificated staff may be on continuing education leave at any one time.
c. The Superintendent shall be guided, but not bound, by the following, in the administration of this Article:
(1) As a general rule, after seven (7) or more years of service in the District a teacher may apply for and be granted a leave with (i) full pay for a period not to exceed one (1) semester; or (ii) half pay for a full school year.
(2) Applicants must file a statement indicating the specific purpose for which such leave of absence is desired.
(3) Grants and scholarships shall not be deductible from salary received while on such leave. Other monies may be deductible.
(4) Evaluation of applications for continuing education leave of absence should be according to the following criteria:
(a) educational value to the District;
(b) educational value to the individual concerned;
(c) type of research, study, or travel planned;
(d) in cases of equally meritorious applications, length of service in the District should be the deciding factor.
(5) Applications for continuing education leave should be postmarked or hand delivered to the Personnel Department not later than February 1st; the applicant should be notified of approval (or disapproval) not later than March 1st.
The February 1st date also applies to employees desiring a one-half (1/2) year continuing education leave during the fall semester. Those applying for a one-half (1/2) year continuing education leave for the spring semester must similarly submit applications by October 1st, with notification to be made not later than November 1st.
(6) Employees on continuing education leave will receive only the salary adjustment approved in advance by the Director of Personnel after completing the leave.
d. In the event the purpose of a paid continuing education leave is frustrated, and cancellation of the leave becomes necessary, the following provisions shall apply:
(1) Personal illness - The regular sick leave policy shall apply in the same manner as if the teacher were in active service in the District, with the exception that section D of Article 14 shall not apply.
(2) Cancellation of Program - In the event of cancellation or termination of the program, the teacher shall be returned to the first available vacancy for which he/she is qualified. During the interim, if any, he/she will continue to receive full pay and benefits until such vacancy occurs, provided he/she accepts assignment to other professional duties for which he/she is qualified.
e. The provisions contained in the continuing education leave section shall apply only if a teacher carries out and completes in a reasonably successful manner the stated intent of such leave. Should a teacher fail to substantially comply with the details outlined in the approved application for leave, the District may require the repayment of all wages and fringe benefits paid while on leave of absence.
2. Personal Reasons
a. Any employee, upon written request, and upon the approval of the Superintendent, may be granted an unpaid leave of absence of up to three (3) years for personal reasons, including primary care for an elderly person for whom the teacher is responsible. Such personal leave shall be applied for and taken one (1) year at a time.
b. Extensions of such leave may be granted at the discretion of the Superintendent.
3. Extended Personal Illness
a. Any teacher whose personal illness extends beyond the period of accumulated and extended sick leave will, upon written application and approval of the Superintendent, be granted an unpaid leave of absence for such time as is necessary for complete recovery from such illness, up to a maximum of four (4) years. Such request for leave of absence shall be granted for up to one (1) year and must be supported by a physician's certificate. The leave may be renewed and each subsequent request for renewal shall also be supported by a physician's certificate. At the end of four (4) years, the teacher's employment may be terminated, subject to the applicable tenure provisions of the New York State Education Law.
b. Employees returning to active teaching after such leave will, upon request, furnish the Board with a doctor's certification indicating fitness to return to full employment.
c. Employees exhausting accumulated sick leave who are ill but do not request personal illness leave of absence may be placed on inactive status for a period not to exceed (4) years and then dismissed for neglect of duty, subject to the applicable tenure provisions of the New York State Education Law.
4. Child Bearing* and Child Rearing Leave
a. An employee who becomes a parent shall be entitled to a leave of absence of up to two (2) years, without pay or increment, up to one (1) year at a time. Application for said leave shall be accompanied by a statement from the teacher's physician confirming her pregnancy. The leave may be for a period of less than one (1) or two (2) years' duration so as to conform to the individual circumstances of each case.
b. Probationary employees returning from child rearing leave granted under this section for or within the maximum period for any one pregnancy shall be credited with the probationary period already served. Any probationary teacher returning from a leave in excess of three (3) years shall be required to serve a probationary period of at least one (1) year, regardless of the length of the probationary period already served prior to that leave.
c. If, during the period of any such leave granted hereunder the employee accepts other employment, the District reserves the prerogative of recalling the employee to service.
* See also, Section 14, B, 2.
5. Child Care
a. Any employee shall be granted, upon written application, a child care leave of up to two (2) years. Such leave will be granted without pay or step increase and shall be granted for periods of up to one (1) year at a time.
b. In the event that both father and mother are employed by the District there shall not be a duplication of childcare and/or child bearing leave, and only one (1) individual shall be granted leave at any one time. If one spouse is not an employee of the District, and remains at home to care for the infant, child care leave shall not be granted to the employee of the District, unless he/she can prove to the satisfaction of the District there are exceptional and medically compelling circumstances which require the employee to remain at home.
c. Child care leave provided for in this subsection shall also be available in cases of adoption.
d. If, during the period of any such leave granted hereunder the employee accepts other employment, the District reserves the prerogative of recalling the teacher to service.
6. Military
Military leave of absence for employees shall be granted pursuant to New York State Military Law and any other State or Federal statutes which may apply. Such military leave of absence shall be granted to any teacher while engaged in the performance of ordered military duty while going to and returning from such duty, as provided by law, except the term "ordered" shall not include those instances where the leave is as a result of employee contrivance, whether by planned acquiescence or other means, direct or indirect, to arrange for such duty to be taken at a time when it is not actually required by the military and/or inconvenient to the needs of the District. Absence of a teacher, pursuant to this paragraph, during time of national emergency shall not constitute an interruption of continuous employment. A teacher returning from military leave of absence shall be entitled to full military service credit then allowed for salary purposes to new applicants for positions in the District. All provisions of this subsection shall be amended in accordance with any changes in Federal or State legislation which delimit any of the above provisions. See Article 14, J.
7. Peace Corps, V.I.S.T.A., Teacher Corps, Exchange, Overseas
A leave of absence not to exceed two (2) years may be granted to any teacher who joins the Peace Corps, V.I.S.T.A., Teacher Corps, or who serves as an exchange or overseas teacher on a full-time basis. When on teaching assignment under this paragraph, increments shall be earned as if there had been no break in service.
8. Illness in Immediate Family
Any tenured employee may secure a leave of absence when sufficient evidence has been presented that an emergency exists due to illness in the employee's immediate family. The duration of the leave may be for less than one (1) school year and may be renewed for not to exceed two (2) consecutive years provided, however, a leave of absence for less than one (1) school year pursuant to this paragraph is subject to the same limitations with respect to return to duty, as set forth in sections C. and H. of this Article.
9. Campaign for, or Service in, Public Office
The Board may, in its discretion, grant an unpaid leave of absence to any employee to campaign for, serve in, or continue to serve in, a public office. Upon return from such leave this service shall be evaluated for related service credit on the salary schedule. Any determination made, however,
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