December Talking Points
There will be the usual early retirement incentive this year, but there will not be a golden handshake. In the middle of the nationwide staffing shortage, we don't want an excessive number of retirees when it won't be possible to fill the positions.
Bargaining has extended the four release days for Special Ed. Recognizing that it isn't always possible to use those days on site, you will be able to get your per diem for completing the work outside of contract time. You will need to fill out a time card monthly, for accounting purposes.
The bargaining team will be starting to discuss compensation for 2022-2023 in January. They will also be looking at extra compensation this year for the extra work that everyone has had to do.
Additionally, they will be working on the Safety MOU and trying to extend the COVID leave language.
Write to the school board regarding issues with staffing shortages, including subs, so they see the impact it is having.
We discussed some concerns about the new elementary math program. Debbie and I are meeting with the district to discuss this further.
Concerns were also brought up about admin questioning sick/PN days. Below is the board policy regarding absences and also our contract language around sick and PN leave.
9.3.2 Sick Leave
22.214.171.124 Any full time certificated employee shall be entitled to an aggregate total of ten (10) days of leave for illness (physical or mental), injury, or medical appointments with full pay, for each year of service.
126.96.36.199 Certificated employees on extended year contracts will accrue sick leave on the following schedule:
Days of Required Service
Sick Leave Schedule Days
220 or more
188.8.131.52 If the employee does not take the full amount of leave allowed in any school year, the amount not taken shall be accumulated from year to year.
184.108.40.206 The District shall notify in writing all certificated personnel of the number of accumulated days of sick leave on the monthly pay warrant.
220.127.116.11 An eligible retiring certificated employee who is also a member of the State Teachers’ Retirement System, shall be credited at his/her retirement for each day of accumulated and unused sick leave as computed by the State Teachers’ Retirement System.
18.104.22.168 Less than full time employees: A certificated employee employed for less than five (5) full days a week shall be entitled to that proportionate time for ten (10) days leave of absence for illness or injury as the number of hours and days employed bears to five (5) full days.
22.214.171.124 An employee initially employed is entitled at once to sick leave that the employee would be entitled to after one year of service.
126.96.36.199 Full use of the annual sick leave may be made at any time during the regular school year. If a first year employee should leave the employ of the District before the end of the year, any monies drawn for sick leave in excess of the rate of one (1) day per month shall be refunded to the District.
188.8.131.52 Certificated employees transferring to another school district in this state shall have transferred with them any accumulated sick leave. A certificated employee coming to this District from another school district in this state shall be entitled to all sick leave accumulated in the former district. (Employees are responsible for initiating the transfer of sick leave.)
9.3.3 Personal Necessity Use of Sick Leave
184.108.40.206 During any school year, certificated employees may elect to use accumulated sick leave as set forth below for any of the reasons listed in 220.127.116.11.1, 18.104.22.168.2, 22.214.171.124.3 and 126.96.36.199.4 When possible, employees should notify their administrator in advance of their absence.
With 0-5 years of District service, not more than seven (7) days.
After five (5) years of District service, not more than eight (8) days.
After ten (10) years of District service, not more than nine (9) days.
188.8.131.52.1 Personal business that cannot be conducted outside of the work day.
184.108.40.206.2 Matters involving the employee’s immediate family.
220.127.116.11.3 Emergency situations involving the employee or employee’s property or the person or property of a member of the employee’s immediate family, of such a nature that the immediate presence of the employee is required during the work day. An “emergency“ shall be defined as a situation that can neither be planned nor anticipated. No more than two days per school year may be utilized for this purpose.
18.104.22.168.4 Certificated employees shall be required to secure advance permission from their unit administrator or the Assistant Superintendent of Human Resources for leave taken for the following reasons:
22.214.171.124.4.1 Professional improvement or training in the field of education.
126.96.36.199.4.2 Certificated employees may elect to use up to ten (10) additional days of accumulated sick leave for life threatening illness, injury, or operation involving a member of his/her immediate family upon verification of a physician and approval of the Assistant Superintendent of Human Resources. It is the responsibility of the employee to notify the Assistant Superintendent of Human Resources prior to the leave.
Regulation 4161.1: Personal Illness/Injury LeaveStatus: ADOPTEDOriginal Adopted Date: 08/06/2015 | Last Revised Date: 05/18/2017 Certificated employees employed five school days per week are entitled to 10 days leave of absence with full pay for personal illness or injury (sick leave) per school year of service. Employees who work less than five school days per week (part-time employees) shall be granted sick leave in proportion to the time they work. However, any part-time employee who is entitled to less than three days of paid sick leave per year due to the amount of time worked shall be granted sick leave pursuant to Labor Code 246, if he/she is eligible. (Education Code 44978; Labor Code 245-249) (cf. 4161/4261/4361 - Leaves) (cf. 4161.9/4261.9/4361.9 - Catastrophic Leave Program) An employee may take sick leave at any time during the school year, even if credit for sick leave has not yet been accrued. (Education Code 44978) An employee shall reimburse the district for any unearned sick leave used as of the date of his/her termination. Unused days of sick leave shall be accumulated from year to year without limitation. (Education Code 44978) At the beginning of each school year, employees shall be notified of the amount of sick leave they have accumulated. A certificated employee who has been an employee of any school district for one year or more who accepts a position requiring certification in another school district or community college district during the second or any succeeding school year of his or her employment with the first school district or who accepts employment in a position requiring certification in another school district or community college district within one school year of his or her termination from the first school district, shall have transferred with him or her to the second district the total amount of leave of absence for illness or injury to which he or she is entitled. The district shall not require new employees to waive leave accumulated to which they may be entitled in a previous district. (Education Code 44979, 44980) Use of Sick Leave Certificated employees may use sick leave for absences due to: 1. Accident or illness, whether or not the absence arises out of or in the course of employment; quarantine which results from contact with other persons having a contagious disease during the employee's performance of his/her duties; or temporary inability to perform assigned duties because of illness, accident, or quarantine (Education Code 44964) (cf. 4157.1/4257.1/4357.1 - Work-Related Injuries) 2. Pregnancy, miscarriage, childbirth, and related recovery (Education Code 44965, 44978) (cf. 4161.8/4261.8/4361.8 - Family Care and Medical Leave) 3. Personal necessity as defined in the Collective Bargaining Agreement. (Education Code 44981) (cf. 4161.2/4261.2/4361.2 - Personal Leaves) 4. Medical and dental appointments, in increments of not less than one half day 5. Industrial accidents or illnesses when leave granted specifically for that purpose has been exhausted (Education Code 44984) (cf. 4161.11/4261.11/4361.11 - Industrial Accident/Illness Leave) 6. Need of the employee or his/her family member, as defined in Labor Code 245.5, for the diagnosis, care, or treatment of an existing health condition or for preventive care (Labor Code 233, 246.5) 7. Need of the employee to obtain or seek any relief or medical attention specified in Labor Code 230(c) and 230.1(a) for the health, safety, or welfare of the employee, or his/her child, when the employee has been a victim of domestic violence, sexual assault, or stalking (Labor Code 233, 246.5) An employee shall notify the district of his/her need to be absent as soon as such need is known, so that substitute services may be secured. This notification shall include an estimate of the expected duration of absence. If the absence becomes longer than estimated, the employee shall so notify the district. If the duration of absence becomes shorter than estimated, the employee shall notify the district not later than 3 p.m. of the day preceding the day on which he/she intends to return to work. If failure to so notify the district results in a substitute being secured, the cost of the substitute shall be deducted from the employee's pay. Verification Requirements The district may require evidence during sick leave of absence, including doctor's verification, of illness or injury. The Superintendent or designee may, at any time, require additional written verification by the employee's physician or other authorized health care provider. Such verification shall be required whenever an employee's absence record shows chronic absenteeism or a pattern of absences immediately before or after weekends and/or holidays or whenever clear evidence indicates that an absence is not related to illness or injury. The Superintendent or designee may require an employee to visit a physician selected by the district, at district expense, in order to receive a report on the medical condition of the employee. The report shall include a statement as to the employee's need for further leave of absence and a prognosis as to when the employee will be able to return to work. If the report concludes that the employee's condition does not warrant continued absence, the Superintendent or designee may, after giving notice to the employee, deny further leave. Any district request for additional verification by an employee's physician or a district-selected physician shall be in writing and shall specify that the report to be submitted to the district should not contain the employee's genetic information. Any genetic information received by the district on behalf of an employee shall be treated as a confidential medical record, maintained in a file separate from the employee's personnel file, and shall not be disclosed except in accordance with 29 CFR 1635.9. Before returning to work, an employee who has been absent for surgery, hospitalization, or extended medical treatment shall be asked to submit a letter from his/her physician stating that he/she is able to return to duty and stipulating any necessary restrictions or limitations. Angelica Miklos President