ACT 1776

ARTICLE VI

Leave

1. Each teacher shall be entitled to twelve (12) sick days with full pay during each school year.

1a. The teacher shall be entitled to use any of these sick days for emergencies in the immediate family which require his/her presence.

In the event that a teacher has used the current year’s sick days when an emergency in the immediate family occurs, the teacher may use additional days from accumulated sick days for this purpose. Prior notification of/or communication with the appropriate school administrator is required for the use of these additional days.

1b. For the 2011-2012 school year, sick days may be accumulated indefinitely.

Beginning September 2012, sick days may be accumulated up to three hundred (300) days. In the event that a teacher has already accumulated three hundred (300) days, the teacher will retain the accumulated sick days but cannot accumulate additional days until all days over three hundred (300) have been used.

1c. When absence arises from assault or injury due to personal contact with a student while acting in discharge of duties, a teacher whose application has been accepted by Workers’ Compensation shall not forfeit any sick days.

1d. When absence arises from a work-related injury, and the teacher has applied for and qualifies for Workers’ Compensation, the teacher may, at his/her option, use one-third (1/3) sick day for each day missed. The recording of such absences shall be done in accordance with the provisions of Section 1f below.

1e. In the event that a teacher is in need of sick days and has exhausted all days available under the provisions of Sections 1 and 1a, the teacher may make application to use as many as twelve (12) sick days from the following school year’s sick days. The granting of the days, as well as the number, shall be by mutual agreement between the System and the Association.

1f. Each teaching, service period or two (2) homeroom assignments missed by a teacher will be recorded as an absence from a work period. For every seven (7) such absences, the teacher will be charged with one (1) sick day for that school year.

1g. If a teacher is absent five (5) or more consecutive school days, a doctor’s note must accompany the Teacher Absence Form (Exhibit B) as defined in Section 6 below.

If a teacher requests the use of sick days for his/her own illness or accident for a time period of fifteen (15) school days or more, the teacher must have his/her medical provider complete the System’s medical form regarding the absence from work.

Continued medical verification of the need to be absent from work must be submitted on a quarterly basis using the System’s medical form.

1g1. A teacher who is repeatedly absent on the day before or after a holiday may have a letter placed in the teacher’s personnel file.

1h. Upon retirement from the System, a teacher may redeem all unused sick days up to a maximum of two hundred (200) days at the rate of fifty dollars ($50.00) a day. For new teachers hired beginning with the 1991-1992 school year, the maximum number of unused sick days redeemable upon retirement will be one hundred (100). For new teachers hired beginning with the 1994-1995 school year, the maximum number of unused sick days redeemable upon retirement will be seventy-five (75).

1i. If a teacher with five (5) or more years of continuous service dies while still employed as a teacher and prior to retirement, the teacher’s estate shall be paid fifty dollars ($50.00) a day for all unused sick days up to the maximum number of redeemable days.

2. A teacher shall be granted two (2) personal days each year for urgent personal business which cannot be scheduled on other than school time or for a personal emergency which requires immediate attention. Personal days may be used for a honeymoon. The teacher can use one (1) of his/her sick days as an additional personal day, if necessary. Personal days not used shall become part of accumulated sick days.

A teacher who repeatedly uses a personal day before or after a holiday may have a letter placed in the teacher’s personnel file.

3. Each school year the individual teacher shall be notified in writing as to the number of sick days and personal days available to him/her. This notice shall be given to him/her before September 30. Teachers shall have until October 15 to call attention in writing to any errors.

4. In the event of death in the immediate family of a teacher (parent, grandparent, spouse, child, grandchild, sister, brother, parent-in-law, or relative residing in the same household as the teacher), said teacher shall be entitled to take a leave at full pay up to three (3) school days. In those cases where extended travel is necessary, two (2) additional school days at full pay shall be granted upon request.

5. A teacher shall be entitled to one (1) day funeral leave for the death of aunts, uncles, nieces and nephews, first cousins, brothers-in-law and sisters-in-law. In those cases where extended travel is necessary, two (2) additional school days at full pay shall be granted upon request.

6. Notice of sick or personal days used shall be given on a standard form attached hereto as Exhibit B to the Principal or his/her designee twenty-four (24) hours in advance. In the event of sickness or emergencies, such notice should be given as soon as possible thereafter. The teacher shall complete the Teacher Absence Form and return it within forty-eight (48) hours of his/her return.

7. In the event a teacher desires a child bearing leave of absence in anticipation of and prior to any disability or inability to work due to her pregnancy or pregnancy-related condition, she shall notify the System in writing of her intent to take a child bearing leave of absence. The notice must contain information sufficient to verify the pregnancy including the expected date of delivery.

The notice must be given at least thirty (30) days prior to the date the teacher wishes to commence said leave except in case of emergency.

Upon receipt of the above, the System shall confirm in writing the child bearing leave of absence.

Sick days as stated in Sections 1 and 1b above may be utilized by a teacher on a child bearing leave of absence upon certification by the teacher’s attending physician of the teacher’s disability by reason of pregnancy or pregnancy-related condition during the period of the child bearing leave of absence.

The cost of the Medical Insurance will be borne by the System during the time of disability due to pregnancy, subject to the provisions of Article XIII, Section 1.

The child bearing leave of absence shall extend to the child’s first birthday but may, at the option of the teacher, be for a shorter period of time. The teacher shall notify the System in writing at least thirty (30) days prior to the date of return. Such notification shall be accompanied by a letter from her physician stating that, in his/her opinion, she is capable of resuming her teaching duties.

When the requested date of return substantially interferes with the continuity of instruction, then the System may adjust those dates to a more suitable time. The Association shall be notified in writing concerning any adjustment of said dates.

A teacher returning from such leave shall return to the same school and same department which she left without loss of system or school seniority as previously acquired. In the absence of such a position, the teacher shall return to a position mutually agreed upon by the Association and the System without loss of system or school seniority as previously acquired.

The teacher hired as a replacement shall be so notified at the time of employment.

7a. At least thirty (30) days prior to the child’s first birthday, a teacher who was granted a child bearing leave of absence shall apply to the System in writing of her desire to be granted a child rearing leave of absence which shall not extend beyond the child’s second birthday but may, at the option of the teacher, be for a shorter period of time. The System shall interview the teacher after which the System will confirm in writing the child rearing leave of absence.

The teacher shall notify the System in writing thirty (30) days prior to the date she wishes to return. Upon receipt of the teacher’s request, the System shall place the teacher’s name on a list in order of system seniority as previously acquired. Such list shall also contain the names of teachers who have been laid off due to Constriction as provided in Article VII, Section 1h.

If there are no laid-off teachers as provided for in Article VII, Section 1h, then teachers requesting to return from child rearing leave shall be offered openings in the appropriate academic area(s) as they occur.

The teacher returning from such leave shall return without loss of system and school seniority as previously acquired.

7b. In the event a teacher desires a paternity leave of absence immediately following the birth of his child, he shall notify the System in writing of his intent. The notice must contain information sufficient to verify the birth of the child.

The notice must be given at least thirty (30) days prior to the date the teacher wishes to commence said leave except in case of emergency.

Upon receipt of the above, the System shall confirm in writing the paternity leave of absence.

The paternity leave of absence shall extend to the child’s first birthday but may, at the option of the teacher, be for a shorter period of time. The teacher shall notify the System in writing at least thirty (30) days prior to the date of return.

A teacher returning from such leave shall return to the same school and same department which he left without loss of system or school seniority as previously acquired.

In the absence of such a position, the teacher shall return to a position mutually agreed upon by the Association and the System without loss of system or school seniority as previously acquired.

The teacher hired as a replacement shall be so notified at the time of employment.

7c. A teacher who was not granted a child bearing or paternity leave of absence may apply for a child rearing leave of absence which shall not extend beyond the child’s second birthday. After careful review of the application, the System shall notify the teacher and the Association in writing as to whether or not such leave is granted and its duration.

The teacher shall notify the System in writing thirty (30) days prior to the date the teacher wishes to return. Upon receipt of the teacher’s request, the System shall place the teacher’s name on a list in order of system seniority as previously acquired. Such list shall also contain names of teachers who have been laid off due to Constriction as provided in Article VII, Section 1h.

The teacher returning from such leave shall return without loss of system and school seniority as previously acquired.

8. In the event that a teacher adopts a child, he/she shall apply in writing to the System at least thirty (30) days prior to adoption, except in cases of emergencies, for an adoption leave of absence which shall be for a period of one (1) year following the date of adoption but may, at the option of the teacher, be for a shorter period of time. The System shall confirm in writing the adoption leave of absence.

The teacher shall notify the System at least thirty (30) days prior to his or her date of return.

When the requested date of return substantially interferes with the continuity of instruction, the System may adjust those dates to a more suitable time. The Association shall be notified in writing concerning any adjustment of said dates.

A teacher returning from such leave shall return to the same school and same department which he/she left without loss of system and school seniority as previously acquired. In the absence of such a position, the teacher shall return to a position mutually agreed upon by the Association and the System without loss of system and school seniority as previously acquired.

The teacher hired as a replacement shall be so notified at the time of employment.

8a. The teacher who adopted a child shall apply in writing for an extension of the adoption leave which may be for one (1) year or a shorter period of time at the option of the teacher.

After careful review of the application, the System shall notify the teacher and the Association in writing as to whether or not such leave is granted and its duration.

The teacher shall notify the System in writing thirty (30) days prior to the date the teacher wishes to return. Upon receipt of the teacher’s request, the System shall place the teacher’s name on a list in order of system seniority as previously acquired. Such list shall also contain the names of teachers who have been laid off due to Constriction as provided for in Article VII, Section 1h.

The teacher returning from such leave shall return without loss of system and school seniority as previously acquired.

9. Teachers required to serve on juries, notwithstanding the demands of the teaching profession, will receive their pay from the System. The jury duty fee and verification of jury service shall be provided to the System upon the teacher’s return to work.

The above will apply only in instances where the jury duty extends beyond two (2) days. Beginning on the third day, teachers shall return to the school all monies in excess of the amount received on the first day. However, teachers will be expected to work on those days when the jury is not actually in session.

9a. A teacher who is subpoenaed to appear as a witness in a civil or criminal case shall be granted leave with pay for each day’s appearance as required by the court, provided the teacher is not a defendant in a criminal case.

10. In the event that a teacher joins the military or a reserve component, he/she shall be entitled to return to the System as soon as a position is available, without loss of seniority, providing such teacher applies for re-employment within ninety (90) days of discharge from one (1) normal tour of duty. Teachers on active military duty shall accrue seniority for the period of the leave.

10a. In the event a teacher is called to the military service or joins a reserve component which is called up, he/she shall be granted a leave of up to three (3) semesters or until date of discharge from one (1) normal tour of duty. A teacher who is granted such leave shall return to the System without loss of system and school seniority as previously acquired. Upon the conclusion of this leave, the teacher has the right to return to the System to the same department and school that he/she left or, in the absence of such an opening, a position mutually agreed upon by the System and the Association. The teacher hired as a replacement shall be so notified at the time of employment. The teacher on leave shall notify the System in writing thirty (30) days prior to the date the teacher wishes to return. Teachers on active military duty shall accrue seniority for the period of the leave.

Should medical and dental insurance not be provided by the military for the teacher and his/her family, the System shall provide and bear the cost of such insurance. Pension and life insurance premiums shall also be paid by the System.

10b. Teachers activated for military duty other than in Section 10a above, notwithstanding the demands of the teaching profession, will receive the difference between their weekly pay and the amount received while on active service as designated by law. However, teachers will be expected to work on those days when not scheduled for military duty.

11. Guidelines for sabbatical leave shall be formulated by the Sabbatical Leave Committee as defined in Article XV, Section 5, and shall be posted in all schools by February 1.

11a. All teachers having completed their eighth year are entitled to apply to the System for sabbatical leave. A teacher who has received a sabbatical leave may only reapply after eight (8) additional years.

11b. Applications for sabbatical leave shall be submitted no later than March 1. The Sabbatical Leave Committee shall review the applications and prepare a list of candidates which shall be submitted to the Secretary for Catholic Education no later than March 31.

The Secretary for Catholic Education shall select one (1) sabbatical from this list of candidates for sabbatical leave for the 2012-2013 school year.

The Secretary for Catholic Education shall select two (2) sabbaticals from this list of candidates for sabbatical leave for the 2013-2014 school year.

The Secretary for Catholic Education shall select two (2) sabbaticals from this list of candidates for sabbatical leave for the 2014-2015 school year.

The teacher(s) selected and the Association shall be so notified by April 30.

11c. Remuneration to the teachers who have been awarded a sabbatical leave shall be fifty percent (50%) of their annual salary if a full year of sabbatical leave is granted, or twenty-five percent (25%) of their annual salary if a half year of sabbatical leave is granted.

Remuneration to the teachers with twenty (20) or more years of service shall be seventy-five percent (75%) of their annual salary if a full year of sabbatical leave is granted, or thirty-seven and one-half percent (37 ½%) of their annual salary if a half year of sabbatical leave is granted.

All other benefits provided for in this Agreement shall likewise accrue to the teachers. However, no sick or personal days shall accumulate during the leave.

11d. Teachers on sabbatical leave shall accrue seniority for the period of the leave.

11e. Sabbatical leave shall be granted for a period of not more than one (1) year nor less than one (1) full semester.

11f. Upon conclusion of this leave, the teachers have the right to return to the System to the same department and school that they left or, in the absence of such openings, a position mutually agreed upon by the System and the Association.

The teachers hired as replacements shall be so notified at the time of employment.

12. Academic and curriculum leave offers an excellent opportunity for the teacher to continue his/her professional growth. Therefore, those tenured teachers desiring such leave may make application to the System with a copy to the Association at least sixty (60) days prior to the beginning of the school semester during which the requested leave is to be taken. Such application shall include the name of the academic institution, the particulars of the educational program into which the teacher seeks admission, and/or special work on curriculum materials or study to be pursued. Such leave may be granted only at the beginning of a school semester.

If, under the provisions of this leave, the needs of the teacher require part-time release from the System, then the System shall roster the individual teacher to enable him/her to pursue that approved educational goal.

After careful review of the application, the System will notify the teacher and the Association in writing as to whether or not such leave is granted and its duration.

The System has the right to verify that a teacher who has been granted an academic leave is, in fact, enrolled in a college or university for the purpose stated. The teacher must provide grade verification at the completion of the academic program for which the leave was approved.

A teacher who is granted such leave shall return to the System without loss of system and school seniority as previously acquired. Upon the conclusion of this leave, the teacher has the right to return to the System and to the same department and school that he/she left or, in the absence of such an opening, a position mutually agreed upon between the System and the Association.

The teacher hired as a replacement shall be so notified at the time of employment.

13. Teachers with ten (10) or more years of system seniority are entitled to apply to the System for an unpaid career or personal leave. Seniority will be frozen for the year. Teachers may enroll in the group benefit plans at their own expense. Upon the conclusion of this leave, the teacher has the right to return to the System and to the same department and school that he/she left or, in the absence of such an opening, to a position mutually agreed upon by the System and the Association.

Career leave may not be used to pursue a teaching, counseling or administrative position in another school or school system.

A teacher who has received a career leave may only reapply after two (2) years.

The teacher hired as a replacement shall be so notified at the time of employment.

14. Extended Leave: Due to unforeseen circumstances not covered by the leave clauses, a teacher may find it necessary to be placed on extended leave. The teacher requesting such leave will submit to the System in writing the reasons for the request, medical verification for each semester in cases of accident or illness, as well as the expected length of time for such leave. An extended leave may be granted up to three (3) semesters.

The System, after careful review of all pertinent information, will notify the teacher of the System’s decision in regard to granting such a leave and the duration thereof.

The teacher shall notify the System in writing thirty (30) days prior to the date the teacher wishes to return.

A teacher who is granted extended leave shall return to the System without loss of system and school seniority as previously acquired. Upon the conclusion of this leave, the teacher has the right to return to the System and to the same department and school that he/she left, except as modified by Sections 14a, 14a1 and 14a2 below. In the absence of such an opening, the teacher shall return to a position mutually agreed upon by the System and the Association.

The teacher hired as a replacement shall be so notified at the time of employment.

Teachers who are on approved extended leave due to illness or accident shall continue on the Medical Health Plan and Dental Health Plan for three (3) semesters and the Group Life Insurance Plan and Pension for one (1) year. The full cost of such premiums shall be borne by the System, subject to the provisions of Article XIII, Section 1.

In the event that it becomes necessary, due to accident or illness, a teacher may re-apply and may be granted up to an additional three (3) semesters of extended leave.

The teacher shall notify the System in writing thirty (30) days prior to the date the teacher wishes to return. Upon receipt of the teacher’s request, the System shall place the teacher’s name on a list in order of system seniority previously acquired. Such list shall also contain names of teachers who have been laid off due to Constriction as provided for in Article VII, Section 1h.

If there are no laid-off teachers as provided for in Article VII, Section 1h, then teachers requesting to return from extended leave shall be offered openings in the appropriate academic area(s) as they occur.

The teacher returning from such leave shall return without loss of system and school seniority as previously acquired.

Sick days as stated in Sections 1 and 1b may be utilized by a teacher on extended leave of absence provided that the illness, disability or condition for which the use of sick days is sought relates back to the initial reason for the requested leave of absence and providing further that the teacher’s attending physician certifies that the teacher was or is disabled by reason of the leave-related illness or condition.

14a. Should a teacher’s use of sick days or extended leave exceed one (1) school year, two (2) consecutive semesters or forty (40) school weeks, the System may hire a permanent teacher for that position. If this interferes with the continuity of instruction, then the System may adjust those dates to a more suitable time. The Association shall be notified in writing concerning any adjustment of said date.

14a1. If a teacher who has less than twenty (20) years school seniority and who is using sick days or on extended leave beyond one (1) school year, two (2) consecutive semesters or forty (40) school weeks is able to and wishes to return to the System, the teacher shall be offered an open position in the appropriate academic area(s) or, in the absence of such a position, the teacher’s name shall be placed on the Constriction List (Article VII, Section 1h). If there are no laid-off teachers, he/she shall be offered openings in the appropriate academic area(s) as they occur. The teacher returns without loss of system and school seniority as previously acquired.

14a2. If a teacher who has twenty (20) or more years school seniority and who is using sick days or on extended leave beyond one (1) school year, two (2) consecutive semesters or forty (40) school weeks is able to and wishes to return to the System, the teacher shall return to the same department and school that he/she left without loss of system and school seniority as previously acquired. In the absence of an opening, the person with the lowest seniority in that department would be bumped, who then in turn would bump the person with the lowest seniority in the System in the appropriate academic area(s). Should the teacher with the lowest seniority in the department be bumped at the end of the school year, the teacher’s name shall be placed on the Constriction List and the provisions of Article VII and the Constriction Guidelines will be followed. In the absence of such a position, the returning teacher will be placed in a position mutually agreed upon by the System and the Association.

15. Teachers on any leave, other than career leave and leave as defined in Article III, Section 4, or using pre-approved sick days, may not be involved in gainful employment. Teachers on disability shall be governed by the rules of that program.

16. Teachers on an approved leave or using sick days for the entire school year do not accumulate additional sick or personal days for that school year.

17. Teachers who are on approved leaves—child bearing beyond the pregnancy disability, paternity, child rearing, child adoption, academic and curriculum, career or personal, extended not due to accident or illness or beyond the first three semesters—shall have the option of continuing the Medical Health, Dental, and Group Life Insurance Plans, if applicable. The full cost of the plans will be borne by the teacher except as modified by the Family and Medical Leave Act of 1993.

18. If a teacher’s use of sick days for his/her own illness or accident extends ninety (90) or more school days, the teacher may be asked to submit to the same medical verification as those teachers on disability. The System will assume the cost of the medical verification.

19. Teachers hired as replacement teachers for those using sick days or on approved leaves shall have their names placed on a list and no new teacher with comparable qualifications shall be employed to fill a vacancy until the provisions of Article I, Section 1a have been fulfilled.

20. A teacher on leave shall notify the System in writing thirty (30) days prior to the date the teacher wishes to return. In cases of illness, disability, pregnancy or accident, such notification shall be accompanied by a letter from his/her physician stating that, in his/her opinion, he/she is capable of resuming his/her teaching duties.

21. When the requested date of return from a leave or the use of sick days substantially interferes with the continuity of instruction, the System may adjust that date to a more suitable time. The Association shall be notified in writing concerning any adjustment of said date.

22. The System, after careful review of all pertinent information, will notify the teacher of the System’s decision in regard to granting a leave and the duration thereof.

23. A copy of all leave granting letters as defined in Article VI shall be forwarded to the Association.

24. At the end of each quarter, the Association will be provided with a list of all teachers on leaves, teachers who have retired or resigned, as well as the names of newly hired teachers. This list shall contain the teacher’s name, school, status, and relevant dates. This list will reflect the status of these teachers as of the date transmitted.