9.1 General Provisions and Definition
9.1.1 Unit members on paid leaves of absence, unless otherwise provided herein, shall receive wages, salary step advancement, health and welfare coverage, and retirement credit in the same amounts as if they were not on leave. Those unit members who go on an unpaid leave of absence during any regular monthly pay period shall receive their health and welfare coverage for the balance of that pay period. Thereafter, they shall be allowed on continued coverage pursuant to the terms of the insurance plan selected at their own expense, provided that they made advance payments of the premium in a manner reasonably required by the District.
9.1.2 A leave protects the unit member by holding a position in the District for the unit member until the leave expires, and by retaining for the unit member the right to return to the District in a position of the same position classification at the conclusion of the leave.
9.1.3 The unit member's immediate supervisor may grant a unit member leave for one-half day or less provided no paid substitute is required.
9.1.4 Unit members who are ill, or who will be absent for other appropriate reasons must provide Personnel Services with reasonable advance notice (when practicable), usually no later than 7:00 a.m. Substitute assignments are made by calling the Substitute Employees Management Systems (“SEMS”).
9.1.5 Unit members who are going to be absent for a longer period of time on a pre-planned or pre-scheduled leave shall notify the District of their intended absence as specified in the particular section authorizing such leave in this Article.
9.1.6 A unit member returning from a leave that was granted for a specific length of time shall return on the agreed-to date or shall be deemed to have resigned from the District. The District shall notify a unit member granted such leave at least forty-five (45) calendar days prior to date of return, if the return is during the school year. If the return date is the beginning of school year, then notice shall be given to the unit member by the District on or before March 1. The failure to return on the specified date shall be deemed a resignation. The notice shall be by certified mail at the unit member’s current mailing address on file with the District.
9.1.7 A unit member whose absence under this section exceeds five (5) working days shall provide, upon request by the District, a statement from a licensed physician or practitioner or other appropriate source stating the reason for the absence, including a release for the unit member to return to District duties without impairment or restriction.
9.1.8 A unit member shall not, except as noted herein, go from an unpaid to a paid leave status.
9.1.9 By October 1st of each year, the District shall provide each unit member with a written statement of sick leave entitlement for the current school year and accrued sick leave total.
9.2 Illness/Injury (Sick) Leave
9.2.1 The purpose of illness/injury (sick) leave utilization shall be for physical and mental disabilities which prevent the unit member from performing his/her regular assigned duties.
220.127.116.11 Each school year a unit member may use up to five (5) days of sick leave allowance for immediate family illness. In no event shall said this utilization, when combined with the immediate family illness provisions of Section 18.104.22.168, below, result in the utilization of more than seven (7) days per year of paid leave for immediate family illness.
9.2.2 Unit members who are employed full time for five (5) days per week for a school year of service (September to June) shall be entitled to ten (10) days leave of absence annually for illness or injury. Unit members whose regular assignment is from 190 to 210 days shall be entitled to eleven (11) days annual leave. Unit members whose regular work year assignment is for more than 210 days shall be entitled to twelve (12) days annual leave. Unit members shall receive full pay for illness/injury days thus allowed in any school year, and the number of days not used shall accumulate from year to year. Illness/injury leave for the current school year need not be accrued prior to taking such leave by the unit member. Illness/injury leave which has not been earned and has been advanced to a unit member who does not complete the school year will be deducted from the unit member's final pay warrant.
9.2.3 Leave benefits for unit members contracted on a less than full time basis shall be accrued, taken and paid in the same proportion that their regular salary bears to the salary they would receive if they were full time.
9.2.4 Upon exhaustion of all current and accumulated illness/injury leave credit, a unit member who continues to be absent shall receive the difference between his/her salary and the salary of substitute, or the salary that would have been paid to a substitute, for a period of not more than 100 days (i.e. 5 months). In order to qualify for this differential pay, a unit member shall first utilize all current and accumulated sick leave credit; differential pay shall begin on the day following the exhaustion of sick leave credits. Only one increment of differential pay shall be allowed for any single illness/injury absence. However, if a school year terminates before the five month period is exhausted, the unit member may take the balance of the five month period in the subsequent year.
If the unit member is physically unable to resume his/her District duties at the end of the 100 day differential pay period described above, he/she shall be placed on a reemployment list. The duration of the reemployment list shall be 24 months for a probationary unit member and 36 months for a permanent unit member. These reemployment list periods shall begin upon the expiration of the differential pay period described herein.
9.3 Leaves Related to Pregnancy and Parenting
9.3.1 Pregnancy Disability Leave.
Unit members may use accumulated illness/injury leave and extended illness leave as set forth in Section 9.2 of this Article when they are disabled from working due to conditions related to pregnancy, childbirth, or recovery therefrom. The length of such leave, including the date on which the leave is to begin and the date on which the unit member is to resume duties, shall be determined by the unit member and the unit member's healthcare provider. If the unit member exhausts available illness/injury leave and extended illness leave, and requires additional PDL, the remainder of the PDL shall be unpaid unless, if the child has been born, employee elects to use employee 12 work weeks of CFRA bonding leave/paid parental leave at that time.
9.3.2 Parental Leave
Eligible unit members are entitled to parental leave as set forth in this section.
22.214.171.124 For purposed of this section, “parental leave” means leave for the purpose of bonding with the unit member’s newborn child, or with a newly placed adopted or foster care child in the unit member’s household. Parental leave does not include leave taken for the unit member’s disability due to pregnancy, childbirth, or recovery therefrom (see Section 9.3.1 above).
126.96.36.199 Unit members shall use current and accumulated sick leave for parental leave, for up to 12 workweeks.
188.8.131.52 When a unit member with at least one year of District service has exhausted all current and accumulated sick leave and continues to be absent on account to parental leave, he or she shall be entitled to substitute differential pay, or 50% of the unit member’s regular pay, whichever is greater, for the remainder of the 12 weeks of leave.
184.108.40.206 If possible, the unit member shall give the District at least 30 days advance written notice of his or her intention to use parental leave and the anticipated dates of the leave.
220.127.116.11 Parental leave must be used within 12 months following the birth or placement of the child. Parental leave must be taken in increments of at least 2 weeks duration; however, the unit member may take parental leave in increments of less than 2 weeks on up to two occasions.
18.104.22.168 Parental leave under this section runs concurrently with parental (child bonding) leave under the Family and Medical Leave Act and the California Family Rights Act (CFRA). The total amount of parental leave may not exceed 12 workweeks in any 12-month period.
9.3.3 Unpaid Child Rearing Leave
A leave of absence may be granted to a unit member without pay for the purpose of raising his or her natural or adopted child after the unit member has exhausted parental leave as described in Section 9.3.2. Such leave shall normally be for no more than twelve (12) months duration. The District and the unit member may agree to extend the period of the leave beyond twelve (12) months in order that the return date shall coincide with normal school breaks, i.e., the beginning of a semester.
9.4 Personal Necessity Leave
9.4.1 A unit member shall be entitled to use, during each school year, a maximum of seven (7) days of the sick leave provided for in Section 9.2 of this Article as Personal Necessity Leave for any of the following purposes:
22.214.171.124 Death of a member of the unit member's immediate family as defined in Section 9.5, if leave is required in addition to that provided by Section 9.5 of this Article.
126.96.36.199 An accident involving a unit member's property or the personal property of the unit member's immediate family. If the accident is serious in nature, involves circumstances the unit member cannot reasonably be expected to disregard, and requires the attention of the unit member during working hours.
188.8.131.52 Appearance in court or before any administrative tribunal as a litigant, party, or witness under subpoena or valid order to appear. The unit member must return to work if not required to be absent the entire day. Each date of necessary attendance, other than the dates specified in a subpoena, shall be certified by the clerk or other authorized officer of the court or by an authorized official of the administrative tribunal. The unit member shall ask for and collect any witness fee to which he/she may be entitled to and remit same to the District.
184.108.40.206 The serious illness of a member of a unit member's immediate family, which the unit member cannot reasonably be expected to disregard and which requires the attention of the unit member during working hours.
220.127.116.11 Imminent danger to the home of a unit member, occasioned by flood, fire, or similar cause, serious in nature, which the unit member cannot reasonably be expected to disregard and which requires the attention of the unit member during working hours.
18.104.22.168 Personal business of the unit member which is serious in nature, which the unit member cannot reasonably be expected to disregard, be of such nature that it could not be anticipated or cannot reasonably be handled outside of working hours, and which requires the attention of the unit member during working hours.
22.214.171.124 Religious holidays which occur on regular school days that are not Board-declared holidays.
126.96.36.199 A unit member may use two (2) days per year of Personal Necessity Leave to attend his/her child’s school activities.
188.8.131.52 When the District is not providing full subsidy, and upon the advance written approval of the site administrator, a unit member's request to utilize personal necessity leave for attendance at a professional conference related to staff development may be granted. The decision of the site administrator on said request(s) shall not be subject to the provision of Article V (Grievance Procedure).
9.4.2 Personal Necessity Leave must be taken in increments of not less than one-half (1/2) day.
9.4.3 Under all circumstances, a unit member shall verify in writing that the personal necessity leave was used only for purposes as set forth above.
9.5 Bereavement Leave
9.5.1 A unit member shall be eligible for a temporary leave of absence for the death of any member of the immediate family without loss of pay or deduction from other leave benefits found in this Article. This leave shall be for three (3) days, unless out of state travel or travel of more than four hundred (400) miles (one way) is required. In this case the length of the leave shall be for five (5) days.
9.5.2 Such leave shall also be granted whenever there is official notice in time of war that a member of the immediate family is missing in action or being returned to this country for internment.
9.5.3 Immediate family is defined as:
Grandmother of unit member
Grandfather of unit member (or spouse) (or spouse)
Husband (Registered Domestic
Wife (Registered Domestic Partner) Partner)
Foster Children of unit member (or spouse) Grandchild of unit member (or spouse)
Any individual living as a member of the immediate household of the unit member.
184.108.40.206 In case of aunt and/or uncle, a unit member will be eligible for one (1) day of bereavement without loss of pay or deduction from other leave benefits found in this Article.
9.6 Quarantine Leave
9.6.1 A unit member shall be entitled to use accumulated sick leave for absence due to quarantine resulting from contact with persons having a contagious disease, or because of temporary inability to perform the services required of him/her because of quarantine.
9.7 Subpoena or Jury Leave
9.7.1 Subpoena Leave
220.127.116.11 Unit members shall be granted paid leaves of absence for subpoena leave, except as a litigant in the manner provided by law. Unit members shall be required to notify and present verification to the site manager and Human Resources upon receipt of notice of required subpoena, except as a litigant.
18.104.22.168 A unit member while on paid subpoena leave shall receive his/her established salary and shall endorse to the District any and all subpoena checks received less mileage reimbursement.
22.214.171.124 Absence of a unit member for a legal action in which he/she is a litigant may be charged to illness/injury under the provisions of Section 9.4 of this Article, Personal Necessity Leave.
126.96.36.199 Unit members are required to return to work during any day or portion thereof during which subpoena presence is not required.
9.7.2 Jury Leave
188.8.131.52 In an effort to minimize interruptions to the instructional program for students, unit members shall be granted unpaid leaves of absence while on jury duty service; other District benefits shall not be interrupted during periods of absence for this service.
184.108.40.206.1 Effective July 1, 2004, up to five (5) days per year of paid jury duty leave shall be granted to unit members; required jury duty absence beyond the five (5) days shall be deducted from Personal Necessity Leave (See Section 9.4)
220.127.116.11.2 Effective July 1, 2019, unit members who postpone jury duty service to Summer or Winter Break shall be paid the substitute’s daily rate of pay up to five (5) days with proof of jury duty service subject to Section 18.104.22.168.
22.214.171.124 Unit members shall be required to notify and present verification to the site manager and Human Resources upon receipt of completion of jury service. Unit members who postpone jury service to Summer or Winter Break shall notify and present notice of jury service, postponement of jury service to Summer or Winter Break, and written proof of the jury time served during the Summer or Winter Break.
126.96.36.199 A unit member on unpaid jury leave service shall retain all payments and fees received for the service.
9.8 Sabbatical Leave
9.8.1 The District may, upon the recommendation of the Superintendent, grant sabbatical leave to a unit member for the purpose of professional study and/or approved travel which, in the opinion of the District, will benefit the pupils and the schools of the District. Such leave shall be granted for one (1) semester or one (1) year. No more than five (5) members of the bargaining unit may be granted a sabbatical leave during any one (1) school year.
9.8.2 Any member of the bargaining unit who has successfully completed seven (7) consecutively satisfactory full years of service, based upon written evaluations in accordance with Article VIII, Evaluations, in the District shall be eligible to apply for sabbatical leave. Once a leave is granted the member must serve seven (7) additional years before again becoming eligible to apply. A unit member on an approved leave of absence, other than Sabbatical Leave, shall not be deemed to have had a break in the continuity of service required by this section. The period of approved absence shall not be included as service in computing the seven (7) consecutive years of service required by this section.
9.8.3 Request for a sabbatical leave shall be made at least one (1) semester prior to the beginning of a school year and should include a detailed statement of the proposed study program.
9.8.4 Sabbatical leaves shall be granted on the basis of the years of service in the District from the last sabbatical leave, if any.
9.8.5 The applicant shall submit evidence that the proposed professional study and/or travel shall be designed to enlarge the applicant's understanding of educational psychology; to improve facility in teaching techniques, and/or to broaden applicant's learning in subject matter field(s) applicable to his/her current or anticipated assignment.
9.8.6 Should a unit member be granted a leave for which he/she receives financial compensation from sources other than the District, the combination of salary under Section 9.8.7 of this Article and such other compensation shall not exceed the amount the unit member would have received had he/she served in his/her regular position with the District.
9.8.7 Manner of Payment
188.8.131.52 Option One
The unit member must file a suitable bond indemnifying the District for any salary paid the unit member during the period of sabbatical leave in the event the unit member fails to return and to render two (2) full years of service in the District upon completion of the sabbatical leave. Compensation under this option shall be fifty percent (50%) of the unit member's current salary
184.108.40.206 Option Two
The unit member need not provide a bond because the method of compensation is based on receiving payment for the sabbatical year in two (2) equal annual installments during the first two (2) years of service rendered in the employ of the District following the return of the unit member from his/her sabbatical leave. Compensation under this option shall be fifty percent (50%) of the unit member's current salary.
9.8.8 For salary schedule placement purposes, the time spent on sabbatical leave shall be considered as equivalent to service in the District.
9.8.9 The unit member who is on sabbatical leave shall retain all rights, privileges, and benefits that would be accorded him if he/she were on duty.
9.8.10 The District shall not be held for any liability for the payment of any compensation or damages arising from the death or injury of any unit member while on leave of absence.
9.9 Military Leave
Military leave shall be granted in accordance with the requirements of the law. Unit members shall provide advance written or verbal notice regarding Military leave and shall be required to supply the District with military orders and status reports. No advance notice is required if such notice is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable.
9.10 Industrial Injury and Illness Leave
9.10.1 A unit member shall be entitled to a leave of absence for any injury or illness which is recognized as a bona fide injury or illness arising out of and in the course of employment with the District by the California Workers' Compensation laws.
9.10.2 Industrial injury or illness leave shall be without loss of pay for up to a maximum of sixty (60) days in any fiscal year for a given industrial injury or illness. Industrial injury and illness leave not taken in a fiscal year shall not be accumulated from year to year. When an industrial injury or illness leave overlaps into the next fiscal year, the unit member shall be entitled to only the amount of unused leave due him/her for the same illness or injury.
9.10.3 Industrial injury and illness leave shall commence on the first day of absence, and leave time shall be reduced by one (1) day for each day of authorized absence. The amount of a unit member's temporary disability indemnity and the portion of salary due the unit member during his/her absence shall not exceed the unit member's regular salary less appropriate deductions.
9.10.4 When entitlement for industrial injury and illness leave has been exhausted the unit member may elect to use any sick leave or other paid leave to which he/she is entitled.
9.10.5 After all available paid leaves have been exhausted, and the unit member is unable to resume duties of his/her position, the unit member shall either elect to resign, or request a leave of absence without pay.
9.10.6 A unit member shall be permitted to return to service after an industrial injury or illness leave only upon presentation of a release from the designated physician, and notification from Personnel Services that the necessary paperwork requirements have been completed.
9.10.7 The designated physician may be appointed by the District for the first thirty (30) days unless the unit member has pre-designated, in writing, to the District that his/her personal physician is to be utilized in which case the unit member may utilize the District appointed physician or his/her personal physician. After thirty (30) days the unit member may utilize any physician or facility within a reasonable geographical area. Authorization must be obtained prior to treatment.
9.11 Personal Leave Without Pay
For purposes of health rehabilitation, a unit member may apply for and normally shall be granted by the District an unpaid health leave of absence for a maximum of one (1) school year and which may be extended in serious cases for a period of time to be determined by the District. The unit member shall furnish the District, upon request, a physician's verification of his/her need for such health leave.
9.11.2 STRS Disability
The District may grant a leave of absence to any unit member who has applied for a disability allowance from the State Teachers' Retirement System. This leave shall not exceed thirty (30) days beyond the final determination of the disability allowance if the unit member is determined to be eligible for the disability allowance by STRS, such leave shall be extended for the term of the disability, but not for more than thirty-nine (39) months from the date of notification of the determination.
9.11.3 The District may grant a unit member, upon request, an unpaid leave of absence for up to one school year for reasons such as study, exchange teaching and Peace Corps, or Vista.
9.12. Catastrophic Leave
Bargaining unit members may apply for and receive catastrophic leave pursuant to the following provisions:
9.12.1 The unit member (or a unit member’s immediate family member for whom he/she must care) shall have suffered a severe incapacitating illness or injury which is expected to be for an extended period of time, as certified by the attending physician, and which prevents the unit member from properly performing his/her District duties.
9.12.2 The time off work must create a financial hardship for the unit member because he or she has exhausted all personal sick leave, industrial illness and accident leave and/or any other paid time.
9.12.3 A joint Association-District committee of equal representation must determine and certify that the unit member is eligible for catastrophic leave because he/she is unable to work due to the severity of that personal or family catastrophic illness, and only after adequate proof of illness has been provided in accordance with Education Code Section 44043.5, and pertinent rules and regulations of the District.
9.12.4 Donated catastrophic leave credits may be used only for the remainder of the school year in which personal sick leave is exhausted, plus the following school year, but in no event longer than twelve (12) consecutive calendar months following the start of the leave.
9.12.5 No unit member who elects to donate eligible leave credits may donate more than ten percent (10%) of his/her accumulated full day sick leave that is in excess of twenty (20) days, and no unit member may donate any leave credits until after eligibility has been certified, as provided for in 9.12.3, above.
9.12.6 All procedures for requesting catastrophic leave, and for donating catastrophic leave credits, shall be established by the Joint Committee provided for in 9.12.3, above.
9.12.7 Catastrophic leave shall begin upon the exhaustion of available personal sick leave benefits, and shall continue until donated catastrophic leave credits or twelve (12) month entitlement is exhausted, whichever comes first.
9.12.8 Donations of leave credit(s) from multiple unit members for an individual instance of catastrophic leave shall be rotated alphabetically among the donors, one day at a time per donor. Unused leave credits shall be returned to the credit of the donor.
9.12.9 Transfers of eligible leave credits are irrevocable, and shall be donated only in full day increments.
9.12.10 Any unit member who receives paid catastrophic leave shall first use any leave credits that he or she continues to accrue on a monthly basis prior to receiving paid catastrophic leave.
9.12.11 Any unit member who applies for catastrophic leave understands that he/she waives any right to privacy concerning the communication of the circumstances and factors contemplated herein to those who will be requested to donate eligible leave credits, or process those credits.
9.12.12 The receipt of a donated sick leave credit through catastrophic leave as defined herein, when combined with other District income, shall not provide the recipient with a greater monthly District income/fringe benefit contribution than he/she received immediately prior to the receipt of catastrophic leave.
9.12.13 The catastrophic leave recipient, because he/she remains in paid District status, shall continue to receive District fringe benefit contributions for the duration of the leave.
9.12.14 If the Board of Education subsequently adopts a catastrophic leave policy for non-represented certificated employees of the District, and if the terms and conditions of the policy are parallel to this section, unit members shall be allowed to donate to, or receive from, said non-represented employees the catastrophic leave credits described herein.
9.12.15 This catastrophic leave section shall not be subject to the provisions of Article V (Grievance Procedure) of this Agreement.
9.13 Family Care and Medical Leave (FMLA) and California Family Rights Act (CFRA) It is the intent of this provision to be consistent with the California Family Right Act (CFRA), Government Code section 12945.2 and the Family and Medical Leave Act of 1993, and it shall be interpreted so that there will be no violation of those statutes.
9.13.1 An employee with more than one year of service with the District, who has worked at least 1,250 hours during the year immediately preceding the leave shall be granted, upon written request, an unpaid family care leave up to a total of twelve (12) weeks per school year, pursuant to the provisions contained herein.
For purpose of this section the term, "family care and medical leave" under FMLA and CFRA means either: (a) leave for reason of the birth of a child of the employee, the placement of a child with an employee in connection of the adoption of the child or foster care of the child of the employee, or the serious illness of a child of the employee; (b) leave to care for a parent, spouse, registered domestic partner, grandparent, grandparent of spouse, grandchild, sibling, sibling of spouse, or child regardless of age or disability who has a serious health condition; or ( c) leave because of serious health condition, as defined in the FMLA and/or CFRA, that makes the employee unable to perform the functions of the position of that employee, except for leave taken for disability on account of pregnancy, childbirth or related medical conditions.
220.127.116.11 Servicemember Family Leave
To the extent required by law, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period
18.104.22.168 Combined Leave Total
During the single 12-month period described in the paragraph above, an eligible employee shall be entitled to a combined total of 26 workweeks of leave. Nothing in this paragraph shall be construed to limit the availability of leave during any other 12-month period.
9.13.2 An unpaid family care and medical leave shall be treated as any other unpaid leave. During an unpaid family care and medical leave an employee shall retain employee status with the District, and such leave shall not constitute a break in service. An employee returning from an unpaid family care and medical leave shall have no less seniority than when the leave commenced.
9.13.3 If an employee's need for an unpaid family care and medical leave is foreseeable, the employee shall provide the District with at least thirty (30) days advance notice; for unplanned absences, the employee shall provide the District with reasonable advance notice of the need for such leave. If the employee's need for such leave is foreseeable due to a planned medical treatment or supervision, the employee shall make a reasonable effort to schedule the treatment or supervision to avoid disruption to the operations of the District.
9.13.4 The District requires that an employee's request for an unpaid family care and medical leave for the purpose of caring for a specified family member as defined in Section 9.5.3 who has a serious health condition or for the employee's own serious health condition be supported by a written certification issued by the health care provider of the family member requiring care. This written certification must include the date on which the serious health condition commenced and the probable duration of the condition.
For a leave based upon caring for a specified family member as defined in Section 9.5.3 who has a serious health condition the written certificate must have an estimate of the amount of time the health care provider believes the employee needs to care for the individual requiring care, and a statement that the serious health condition warrants the participation of a family member to provide care during a period of the treatment or supervision of the individual requiring care.
For a leave based on the employee's own serious health condition, the written certification must include a statement that the employee is unable to perform the functions of his or her position.
If additional leave is required upon the expiration of the time estimated by the health care provider, the employee must request such additional leave, again supported by a written certification consistent with the requirements for an initial certification.
9.13.5 In any case in which the District has reason to doubt the validity of the certification provided pursuant to this section, the District may require at the District's expense, that the employee, or as appropriate the employee's spouse, child or parent, obtain the opinion of a second health care provider. The second health care provider may not be employed on a regular basis by the District. If the opinions of the first and second health care provider differ, the District may require a third opinion, again at the District's expense, from a health care provider mutually agreed upon by the District and the employee. The third opinion shall be final and binding.
a. For purposes of this section and consistent with current law, the term "child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of an employee standing in loco parentis who is either under eighteen (18) years of age or an adult dependent child. For CFRA leave, a child may be any age and need not have a disability.
b. For purposes of this section and consistent with current law, the term "parent" means biological, foster, in-law, or adoptive parent, a stepparent or a legal guardian.
9.13.7 If an employee applies for a family care and medical leave, the employee can elect, or the District may require, the substitution of paid vacation or other paid leaves to which the employee is entitled. If such paid leave is substituted, the employee is required to comply with the contractual requirements for use of such paid leave.
9.13.8 An employee granted a leave under this provision shall have a right to reinstatement to his/her former position (if it still exists) with equivalent benefits, pay, and other working conditions provided by this Agreement; if the former position no longer exists, he/she shall be placed in an equivalent position, with the equivalent salary, benefits, and working conditions provided for herein.
9.13.9 An employee taking unpaid family care and medical leave pursuant to this section shall continue to be entitled to participate in District health insurance benefits to the same extent and under the same conditions as apply to other active employees receiving said benefits. The District may recover the premium that it paid as required by this subdivision for maintaining coverage for the employee under the group health plan if both of the following conditions occur:
a. The employee does not return to District service for a number of days equal to the duration of the family care and medical leave.
b. The employee's failure to return from leave is for a reason other than the continuation, recurrence, or onset of a serious health condition that entitles the employee to family care and medical leave or other circumstances beyond the control of the employee.
9.13.10 Family care and medical leave may be taken in one (1) or more periods. Leave may be taken in increments of at least one (1) day for recurring medical treatment certified by a health care provider.
9.13.11 This policy shall not be construed to entitle the employee to receive disability benefits under Part 1 (commencing with Section 3201) of Division 4 of Labor Code (Workers Compensation).
9.14 Disaster Related Personal Necessity Leave (DRPNL)
Bargaining unit members may apply for and receive disaster personal necessity leave pursuant to the following provisions:
9.14.1 Unit members who shall be eligible to apply for DRPNL must have exhausted all personal necessity leave and will be absent from work due to disaster related matters (i.e. earthquakes, fires, floods, mud slides, etc.) that result in severe damage to a person's primary residence.
9.14.2 A joint Association-District committee of equal representation shall establish all procedures for requesting disaster related personal necessity leave and for donating said personal necessity leave credits.
9.14.3 In order to be eligible to donate personal necessity leave days, a unit member must possess as minimum of twenty (20) days of accumulative sick leave and six (6) days of personal necessity leave for that year.
9.14.4 Donated personal necessity leave credits may be used only for the school year in which personal necessity leave is exhausted by the applicant.
9.14.5 No unit member who elects to donate eligible personal necessity leave credits may donate more than two (2) days of personal leave days in a given school year.
22.214.171.124 At the beginning of each school year, the committee shall solicit contributions for a DRPNL Bank, as described herein; said contribution may not exceed one (1) day per contributor.
126.96.36.199 In the event of a widespread natural disaster, the committee may call for an additional contribution of one (1) day per year per contributor.
9.14.6 Personal necessity leave credits shall be donated only in full day increments.
9.14.7 Donations of personal necessity leave days from multiple unit members for an individual instance of disaster related to personal necessity leave shall be rotated alphabetically among the donors, one day at a time per donor. Unused leave days shall be returned to the credit of the donor at the end of the year in which donated, however, donated days may not be revoked by the contributor during the year in which donated.
9.14.8 This disaster related personal necessity leave section shall not be subject to the provisions of Article V (Grievance Procedure) of this Agreement.
9.15 United Teachers of Pasadena Presidential Leave
Upon completion of UTP Presidential duties, the president will be reassigned to his/her prior assignment and school site, seniority permitting (Article VII,) unless he/she requests a transfer to a different site (see 7.3.1 Voluntary Transfer).
Should the prior assignment no longer exist, the president will have a choice of one of three assignments.