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9.1 Sick Leave. Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave, the employee must report to his/her supervisor no later than one-half hour past his/her regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of this Agreement. Any employee who has accumulated sick leave as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary for the following specified allowable uses:
9.1.1 Personal Illness. Employees may use accumulated sick leave for hours off due to personal illness. The employee may be required to furnish a medical certificate from a qualified physician as evidence of illness or physical disability in order to qualify for paid sick leave as per District practice. Accumulated sick leave may also be granted for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc.
9.1.2 Family Illness. Employees may use accumulated sick leave for hours off due to illness, injury or disability of a member of his/her household or to make arrangements for the care of such sick or disabled persons up to a maximum of twelve hours sick leave per day based on the regular work hours actually scheduled on the day of the illness. Up to one hundred sixty (160) hours of accumulated sick leave may be used in a 12 month period to allow the employee to care for and attend to the illness or injury of his/her adult child, spouse, sibling, parent, grandparent, stepparent or member of household, unless otherwise in accordance with Minnesota §181.9413. These hours when used are deducted from sick leave.
9.1.3 Sick Child Care Leave. Sick leave to care for a sick child shall be granted on the same terms as the employee is able to use sick leave for the employee’s own illness. This leave shall only be granted pursuant to M.S. §181.9413 and shall remain available as provided in Statute.
9.1.4 Adoption Leave and Father with Newborn Child. Up to thirty (30) days of accumulated sick leave may be used in a contract year to attend to adoption procedures or care for a newly-adopted child or for a father with a newborn child. Use of these thirty (30) days does not need to occur consecutively. The thirty (30) days of sick leave for fathers of newborns must be used within six (6) weeks surrounding the birth of the child. For adoption the thirty (30) days of sick leave may be used for adoption processes or up to six (6) weeks following the adoption. Upon completion of the adoption process additional sick leave may be allowed for the care of a sick child as required by M.S. §181.9413.
9.2 Bereavement Leave. A leave of absence with pay, not to exceed five (5) days, shall be granted because of the death of an employee’s spouse, child or step child, parent or step-parent, and regular members of the immediate household. Up to three (3) days shall be granted because of death of other members of the employee’s immediate family. Other members of the immediate family shall mean sister or step sister, brother or step brother, grandparent, grandchild, parent‑in‑law, son-in-law or daughter-in-law. Leave of absence for one (1) day shall be granted because of death of other close relatives. Other close relatives shall mean uncle, aunt, nephew, niece, brother-in-law and sister-in-law.
Travel Extension: If an employee is required to travel beyond a two-hundred (200) mile radius of Saint Paul for purposes related to eligible bereavement leave, two (2) additional days of sick leave may be used. Employee, if requested, shall provide the Human Resource Department verification of the funeral location outside of Saint Paul.
9.3 Court Duty Leave
9.3.1 Court Cases. Any employee who is duly subpoenaed as a witness in any case in court shall be entitled to leave with pay for that purpose provided that the employee is not a party in the case, and provided that the case is not the result of litigation undertaken by the employee or the Union against the District. In cases where the Board is a party in the litigation, the employee shall be entitled to pay while attending as a witness at the request of the Board or as a co-defendant in the case.
9.3.2 Required Jury Duty. Any employee who is required to serve as a juror shall be granted leave with pay while serving on jury duty contingent upon court certification of attendance for such jury service. The employee may seek to be excused from jury duty.
9.4 Military Leave
9.4.1 Military Leave With Pay. Any employee who shall be a member of the National Guard, the Naval Militia or any other component of the militia of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the Officers Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar year and further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the employee 1) returns to his/her position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave; or 2) is prevented from so returning by physical or mental disability or other cause not due to such employee’s own fault; or 3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave.
Any employee who is a member of the armed forces or National Guard and who is called to active duty may be eligible for pay continuation pursuant to the requirements of M.S. §471.975.
9.4.2 Military Leave Without Pay. Any employee who engages in active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as are imposed by law. Such leaves of absence as are granted under Article 9.4 shall conform to Minnesota Statutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute.
9.5 General Non-Compensatory Leave of Absence. After three (3) months of employment, an employee may make application for a leave of absence not to exceed one (1) year. A leave of absence shall be granted on the basis established in the Civil Service Rules (Resolution No. 3250).
9.5.1 Said rules are supplemented and amended by the following provision:
All requests for unpaid leave are subject to District approval. Such requests are to be submitted to the Human Resource Department on a form provided by the Employer.
An employee returning from an approved leave shall be returned to his/her original position unless the position has been filled permanently or offered to another employee in accordance with Human Resource staffing procedures and terms of this agreement, in which case the employee will be offered the opportunity to return to employment in an equivalent position, if a vacancy is available after the conclusion of the leave. If no equivalent vacancy exists at that time, the District will continue to consider the employee’s return for two (2) years after the conclusion of leave. If no equivalent vacancy has occurred and has been assigned by the end of two (2) years from the conclusion of leave, the employee’s name will be dropped from consideration as though he/she had resigned, and the employee will be considered resigned.
“Equivalent vacancy” means a position of the same job classification held by the employee at the time of the leave, which remains in existence, has been vacated by the resignation or termination of another employee, and which the District intends to fill in the same classification.
9.6 Parental Leave
9.6.1 Parental leave is a leave without pay or benefits which shall be granted upon request subject to the provisions of this Section. It may be granted for reasons of adoption or pregnancy and/or the need to provide parental care for a child or children of the employee for an extended period of time immediately following adoption or the conclusion of pregnancy; such period of leave shall be no longer than one calendar year in length. Leave up to six (6) calendar months shall be granted upon request. Leave for more than six (6) calendar months is at the discretion of the Employer.
9.6.2 In the case of pregnancy, an employee who wishes to use a period of (paid) earned sick leave at the time of pregnancy and delivery-related disability, may request unpaid parental leave for a period following the use of earned sick leave; however, sick leave time shall not be granted within (during the course of) a period of unpaid parental leave. The employee requesting such sequential leave shall submit an application in writing to the District Executive Director of Human Resources not later than twelve (12) weeks in advance of the anticipated date of delivery. The employee will be required to submit, at the time of use, appropriate medical verification for the sick leave time claimed.
9.6.3 In the case of adoption, the employee shall submit to the District Executive Director of Human Resources a written application including the anticipated date of placement of the child, at least twelve (12) weeks in advance of the anticipated date of placement, or earlier if possible. Documentation will be required.
9.6.4 When an employee is returning from parental leave extending over a period of six (6) calendar months or less, the employee shall be placed, at the beginning of the first pay period following the scheduled date of return, in the same position held prior to the leave or, if necessary, in an equivalent position.
9.6.5 When an employee has requested and been granted leave for a period longer than six (6) calendar months, but no more than twelve (12) calendar months, the employee will be placed in an equivalent position after the scheduled date of return as soon as an equivalent vacancy becomes available. For purposes of this provision, an equivalent vacancy is a position in the same title which exists, has no certified incumbent, which is to be filled, and for which no other person has rights.
9.7 Family Medical Leave. Effective February 1, 1994, leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures which coordinate contractual provisions with FMLA.
9.8 School Activities Leave Without Pay. An employee may request and be granted up to sixteen (16) hours of unpaid leave per calendar year for school activities of his/her own child, pursuant to M.S. §181.9412 rules, so long as the Statute so provides.
9.9 Educational Leave. Leave with pay may be granted for educational purposes at the option of the Employer.
9.10 Union Official Leave. An employee elected or appointed to a position involving work with the exclusive representative may be granted a leave of absence without pay for not more than one (1) year for the purpose of conducting the duties of the exclusive representative. An employee may choose to use accrued vacation or compensatory time instead of a leave of absence without pay. In the event an employee chooses the leave without pay option, the employee shall continue to accrue seniority. The Employer shall continue to pay the Employer’s portion of any health, life, or dental insurance premiums in effect immediately prior to the commencement of such leave as long as the leave does not exceed two pay periods provided that if the employee fails to return to the District, he/she shall refund to the District the amount paid by the District in premium contribution.
9.11 Release Time for Negotiations, Labor Management Committees and Meet and Confer Meetings. Members appointed or elected by the union as part of the Union’s negotiating team or representative(s) to labor management or meet and confer meetings may be released from their assignment with appropriate advance notice for such reasonable time as is necessary to attend negotiation sessions or meetings set by the school district and union. Such time may be granted upon approval of the employee’s immediate supervisor and payment of salary during time off shall be granted by the District when such meetings occur during the employee’s regularly scheduled work hours.
9.12 Quarantine/Catastrophic Disaster Leave. Employees will be provided up to a maximum of ten (10) days paid leave of absence for quarantine by a health officer due to a contagious disease. The same will be provided for a catastrophic disaster that occurs at the employee’s school and/or community which causes the closure of the District or the employee’s worksite.
The ten (10) days of leave as defined in the paragraph above only applies for the duration of the current collective bargaining agreement. Should the contract end date reach expiration and a new collective bargaining agreement is not in place, the 10 days from the prior agreement are no longer available. Any future use of time as defined in the above paragraph must be utilized from a subsequent collective bargaining agreement.
9.13 Sick Leave Bank:
9.13.1 Eligibility to donate sick leave To be eligible to donate sick leave under this Bank, the employee must:
1. Be a regular full-time or part-time member of the bargaining unit who is eligible for plan benefits;
2. Have an accumulated sick leave balance sufficient, at the employee’s FTE, to carry the employee through 720 hours; and
3. Not have submitted a resignation or retirement to the District prior to making the donation.
9.13.2 Eligibility to receive sick leave
1. To be eligible to receive sick leave under this Bank, the employee must: a. Be a regular full-time or part-time member of the bargaining unit who is eligible for benefits. Employees meeting these criteria who are on a district-approved medical leave of absence are also eligible b. Have exhausted her/his accumulated sick leave and all other paid leave, such as accrued vacation, if applicable, at the time the recipient requests a donation from the Bank c. Be eligible for leave under the Family Medical Leave Act (FMLA) prior to the beginning of the need for donated sick leave d. Not be receiving benefits from Workers Compensation or Social Security e. Not be receiving long term disability benefits f. Not be serving a disciplinary suspension g. Not have submitted a resignation or retirement to the District h. Must have a serious medical condition or need leave to care for the serious medical condition of the employee’s spouse, parent or member of the employee’s household i. Due to the serious health condition, need a prolonged absence from duty and suffer a substantial loss of income
2. Definitions: a. A “serious health condition” has the same meaning as in 29 C.F.R. §825.113(a) of the FMLA regulations, except that elective surgeries and minor illnesses are not covered as serious health conditions b. A “substantial loss of income” means the employee has exhausted all paid leave available and has been unpaid for five (5) duty days at the employee’s usual FTE
9.13.3 Process for Donation
1. To donate sick leave to the Bank, an eligible employee must complete a sick leave contribution form and submit the completed form to Human Resources.
2. Contributions must be made in whole hour increments and may not exceed eighty (80) total hours during the time the donor is employed by the District.
3. Donations, once made and processed by Human Resources are irrevocable.
4. Donations are not taxed to the donor and are not tax deductible.
5. Days donated are donated at the donor employee’s regular rate of pay.
9.13.4 Application for Benefits
To receive sick leave from the Bank, an eligible employee must complete a sick leave donation form and submit the completed form to Human Resources. Employees are required to provide medical documentation of their eligibility. Updated documentation of the serious medical condition must be provided by the employee upon request by Human Resources.
9.13.5 Sick Leave Bank Benefit
1. Sick leave time received may only be used on a prospective basis beginning with the first day following determination of eligibility. Sick leave time received shall not be used for a back period or for periods of unpaid time.
2. A recipient may not receive more paid time under this Bank than they would otherwise receive if they were working. For example, noncontracted work days shall not be compensated nor shall an employee receive pay for days or hours in excess of their FTE.
3. A recipient’s pay will continue to be taxed in accordance with state and federal tax tables, and all authorized deductions will continue to be deducted from the recipient’s paycheck.
4. Recipients shall not accrue additional sick leave based on hours received from the Bank.
5. Any use of the Bank will run concurrent with leave under the Family Medical Leave Act (FMLA). Use of the Bank will not extend the FMLA period.
6. Hours received are paid at the eligible recipient’s regular rate of pay.
7. In no case shall the benefit received through the Bank exceed 480 total hours at the employee’s FTE during the time the recipient is employed by the District.
8. In the case of an employee receiving a donation due to the need to care for the serious medical condition of the employee’s spouse, parent or member of the employee’s household, the maximum benefit received shall not exceed the time permitted in Article 9, pursuant to M.S. §181.9413.
9.13.6 Administration of the Bank
1. The identities of donors and recipients are private data consistent with the Minnesota Government Data Practices Act. The recipients of sick leave from this Bank shall not be informed of the identities of the donors and donors may not be informed about the identity of recipients nor shall donors be allowed to designate specific recipients for their donation. Employees shall not intimidate, threaten, or coerce any other employee with respect to donating or receiving leave under this Bank.
2. The Bank shall be administered by the District’s Human Resource Department subject to the terms of this Memorandum. The decisions of the District in administering the Bank are final and not subject to the grievance procedure.
3. Donated hours shall be distributed to eligible recipients on a first-come, first-served basis and in no case may the number of distributed hours exceed the number of hours donated. If more than one qualifying request is received on the same day and insufficient donations exist in the Bank, existing Bank donations will be divided equally among the qualified recipients. Any recipient found to have provided fraudulent information shall be immediately removed from the program, subject to disciplinary action, required to repay money received from the program, and criminal prosecution may be pursued.
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ARTICLE 8. VACATION TABLE OF CONTENTS ARTICLE 10. WAGES
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