Article 13. Leaves of Absence

Subd. 1. Each teacher shall be credited with one hundred twenty hours (120) sick/emergency leave at the beginning of each year of service. One duty day equals eight (8) hours. The crediting for a teacher who is not employed for the entire school year shall be prorated on the basis of the number of days the employment spans within the basic contract year. If a teacher should, for any reason, leave the employment of the School District before the time has elapsed for which sick/emergency leave was credited, the credit shall be reduced on a pro-rata basis.

Subd. 2. There shall be no limit on the accumulation of sick and safe/emergency leave earned but not used in accordance with the provisions of this Section.

Subd. 3 Sick and safe /emergency leave may be used for personal illness, or emergencies or illness in the immediate family. Immediate family is defined as spouse, domestic partner, child, parent, or sibling, as well as in-laws or step-family members of a similar relationship.

Subd. 4. Upon request of the supervising administrator, absence for personal illness in excess of three (3) consecutive days shall be certified by the attending physician and permission given by him/her for the teacher to return to work.

Subd. 5. In case of frequent or intermittent illness, the teacher may be required by Human Resources to submit a certificate concerning the condition of health from a physician.

Subd. 6. Sick and safe /emergency leave shall not be used for routine physical or dental appointments of a non-emergency nature which can be otherwise scheduled. It is preferred that sick/emergency leave not be used for elective surgeries of a non-emergency nature that can otherwise be scheduled.

Subd. 7. Sick and safe /emergency leave allowed shall be deducted from the sick/emergency leave hours credited to the teacher.

Subd. 8. An individual teacher who is placed on disability leave status or who is absent on sick leave and who has utilized their accumulated sick/emergency leave shall cease accumulation of sick leave until the teacher resumes duties.

Subd. 9. Sick and safe /emergency leave may be used as follows:

A. Up to but not to exceed ten (10) days with full pay shall be allowed for absence due to death of a spouse, domestic partner, or child. By arrangement with the Supervisor of Human Resources, up to two (2) of the ten (10) days may be taken at a later time in order to take care of matters connected with settling the estate of a family member. Up to but not to exceed five (5) days with full pay shall be allowed for absence due to death of a sibling, parent, grandparent, and comparable in-laws. By arrangement with the Supervisor of Human Resources, up to two (2) of the five (5) days may be taken at a later time in order to take care of matters connected with settling the estate of the deceased family member. Any absence beyond such allowed days shall have a salary deduction of the cost of the substitute.

B. Absences due to a death of a family member not listed above or of a close friend may be authorized for up to three (3) days with the approval of the supervising administrator and Human Resources.

Absence due to serious illness in the immediate family as defined above. Initially, a teacher may use up to twenty (20) days of sick/emergency leave for absences due to serious illness in the immediate family. Contact the Human Resources department with inquiries as other types of family members may be approved under current legislation. After ten (10) days of absences, please contact Human Resources to discuss further options. If additional days are requested, the teacher shall review the circumstances Human Resources so that additional leave may be properly categorized for future use, i.e., additional emergency leave, personal leave, short-term or long-term leave. Additional leave would be granted in one or more of the following:

Emergency/sick

Personal

Short-term

Long- term

D. Up to ten days of emergency leave may be used by the non-child-bearing co-parent upon the birth of a child. Leave must be used within eight weeks of birth or adoption.

E. One day for critical situations not covered previously making it impossible for the employee to report for work may be allowed as determined by the superintendent or their delegated agent. (Bad weather in the local area or poor driving conditions are not considered a legitimate excuse for a day when school is in session.)

F. Additional days for critical situations may be allowed upon the presentation of the facts in writing to the Superintendent or their delegated agent subject to review by the School Board.

Subd. 10. Any absence whatever for which a deduction in pay is made shall not be deducted from the accumulated sick and safe /emergency leave.

Subd. 11. Upon termination of employment for any reason, all sick and safe /emergency leave, current or cumulative, shall be automatically canceled unless otherwise provided in this Contract.

Subd. 12. Teachers may voluntarily contribute up to forty hours of sick leave annually to a district wide bank which may be used by teachers who have exhausted their own accumulated sick and safe /emergency leave. and who have not yet qualified for long-term disability provisions. The maximum number of hours that can accrue in the district sick leave bank shall be 1520.

A teacher who is applying for long-term disability benefits may be eligible to use the sick leave bank after their own sick leave is exhausted. Use of the sick leave bank is restricted to the employee’s absence during the LTD waiting period up to 30 days and is restricted to absences during the LTD wait period and will be paid retroactively up to a maximum of 30 days.

Teachers desiring to use days from this district sick leave bank must apply for them through Human Resources.

Subd. 1. Five personal leave days will be granted each school year. Days must be used in whole, or half day increments and unused days will not be carried forward to next year. Personal leave to be used at the discretion of the teacher shall be credited and used in accordance with the following provisions:

1st day of personal leave No salary deduction, and no sick leave will be deducted

2nd day of personal leave No salary deduction, and no sick leave will be deducted

3rd day of personal leave Salary deduction of 100% of sub pay or deduction of sick leave

4th day of personal leave Salary deduction of 100% of sub pay or deduction of sick leave

5th day of personal leave Salary deduction of 100% of sub pay or deduction of sick leave

Subd. 2. Personal leave requests shall be filed with the Human Resources Office at least one (1) week in advance of the anticipated absence via procedure on the district website.

Subd. 3. Up to 3% (FTE) of the teaching staff that require a substitute shall be granted personal leave on any given day on the condition a suitable replacement can be obtained. In the event a suitable substitute cannot be obtained, the teacher will be notified at least two days prior to the requested leave date.

Subd. 4. The personal leave shall be revoked if the teacher fails to submit appropriate plans and activities to the supervising administrator on or before the day preceding the teacher's absence.

Subd. 5. Personal leave may not be approved for the first or last student day of the school year.

Subd. 6 Approved personal leave days shall not be altered or cancelled on or after the day of the personal leave date has passed. This includes changing personal leave days to sick leave days.

See addendum 4 for information on a Personal Leave Incentive.

Subd. 1. Short term leave shall be without pay.

Subd. 2. Benefits in effect prior to the leave shall continue during the leave.

Subd. 3. Short term leave may be granted for a maximum of ten (10) working days.

Subd. 4. A teacher requesting such leave shall normally present such request no later than fifteen (15) working days prior to the desired day(s) of such leave to their principal. In the event that the teacher has no building assignment, such request shall go to their supervising administrator and Human Resources. Such request shall be in writing and clearly express the reason(s) for such request.

Subd. 5. Following receipt of the request by the supervisor and Human Resources, the request will be reviewed by the Superintendent or their delegated agent. Special conditions established by the administrator for such leave shall be in writing to the individual granted the leave. All conditions established must be met to be eligible for such leave.

Subd. 6. Short term leave shall be granted only in extraordinary circumstances as determined by the Superintendent or their delegated agent.

Subd. 7. Short term leaves without pay shall normally be available no more than once during each four year period of employment.

Subd. 1. Any teacher who becomes pregnant shall have the right to utilize accrued sick leave during the period of disability due to pregnancy, delivery and recovery. In order to qualify for sick leave pay, verification of the beginning of the period of disability by the attending physician shall be provided by the teacher to Human Resources. A postnatal statement of fitness to teach from the attending physician establishing the end of disability shall be provided the Human Resources by the teacher prior to return to duty.

Subd. 2. Any teacher shall have the right to receive a child care leave of absence, without pay, for the remainder of the school year for the purpose of maternity or adoption. This leave may also be taken following the utilization of the disability provisions provided in Subd. 1. above.

Subd. 3. The teacher shall submit a written request indicating the proposed beginning and ending dates of the child care leave not less than forty-five (45) working days in advance of the intended commencement of such leave to the Human Resources. The 45 working-day requirement may be waived by Human Resources if factors beyond the control of the teacher are present.

Subd. 4. The proposed ending dates of an unpaid child care leave may be set by Human Resources according to natural breaks in the program or school year after consultation with the teacher and the supervising administrator.

Subd. 5. Child care leave may be extended by mutual agreement between the teacher and the school district for the school year immediately following a child care leave period which ran to the end of a school year as described in Subd. 2 above.

Subd. 6. A teacher who returns from child care leave within the provisions of this section shall retain all previously recognized experience credit and any unused leave time accumulated prior to the commencement of the child care leave. The teacher shall not accrue experience credit for salary schedule advancement or leave time during the period of absence for child care leave after FMLA has been exhausted. Any leave beyond FMLA will not be applicable towards accrued experience credit towards schedule advancement unless reviewed and approved from human resources.

Subd. 7. When a childcare leave period includes February 1 and runs to the end of the school year, the teacher must notify the Human Resources Office in writing by February 1st of their intent to return to active duty for the following school year. If the childcare leave period begins on or after February 1 and runs to the end of the school year, the statement of intention is due on or before the last duty day of that school year.

Subd. 8. Teachers on child care leave may continue to participate in the insurance programs, but must pay the entire premium for such program(s) as the teacher wishes to retain, commencing with the beginning of the child care leave. Family Medical Leave Act provisions may be coordinated as per district guidelines.

Teachers may voluntarily contribute un-used personal leave days to a district wide bank which may be used by teachers who have exhausted their own accumulated sick/emergency leave and whose situation will not qualify for Long Term Disability (meaning the chronic illness of a dependent or when an employee does not have LTD due to their part-time status). A teacher is eligible to use this bank after a period of 5 unpaid duty days in a fiscal year and may be paid up to a maximum of 30 days. This bank is for chronic illness and based on District Approval.

Hours in this bank will carry-forward to the following school year. Neither the teachers who donate nor the teachers who use the bank will be charged the deduction of sub pay for donated personal leave days. Teachers who donate up to three personal leave days will not lose either of their free personal leave days.

Teachers desiring to use days from this bank must apply for them through the Director of Human Resources.

A teacher may use up to thirty (30) days of sick leave for the adoption of a child according to district guidelines.

Leaves shall be governed by M.S. 192.26 and M.S. 192.261 and by Title 38 United States Code Section 2021 and 2024. Military leave shall be granted to a teacher pursuant to M.S. Chapter 192 and other applicable law. As per Minn. Stat. 471.975:

The School District may pay to each eligible member of the national guard or other reserve component of the armed forces of the United States an amount equal to the difference between the member’s basic active duty military salary and the basic salary the member would be paid as an active political subdivision employee, including any adjustments the member would have received if not on leave of absence. This payment may be paid in a lump sum. Payment under this section may not extend beyond one year from the date the employee reported for active service, plus any additional time the employee may be legally required to serve.

An eligible member of the reserve components of the armed forces of the United States is a reservist or national guard member who was an employee of a political subdivision at the time the member reported for active service on or after the effective date of this act or who is on active service on the effective date of this act.

Notwithstanding other obligations under law, a political subdivision has total discretion regarding employee benefit continuation for a member who reports for active service and the terms and conditions of any benefit.

For purposes of this sections, “active serve” has the meaning given in section 190.05, subdivision 5, but excludes service performed exclusively for purposes of :

(1) basic combat training, advance individual training, annual training, and periodic

inactive duty training;

(2) special training periodically made available to reserve members; and

(3) service performed in accordance with section 190.03, subdivision 3.

An individual teacher may be granted a one (1) school year leave of absence without pay pursuant to the leave policies established by the School Board. If a leave is granted, the teacher shall have the right to medical insurance, dental insurance, and life insurance for a period not to exceed 18 months provided that the cost of such coverage is assumed by the individual teacher. Teachers on long term leave must, on or before February 1, resign or commit to return for the beginning of the following school year. EM-R President will have until May 1st to notify District of their intent.

This provision shall be grievable through the grievance procedure including the level of School Board Review only.

A sabbatical leave of one (1) year or part of a year may be granted upon request to a full-time teacher for the purpose of professional advancement, subject to the following provisions:

Subd. 1. To be eligible for sabbatical leave an individual shall have taught six (6) full years in District 623. The School Board may utilize the recommendation of a selection committee, including members of the CEC, a principal, the Director of Human Resources, and a teacher who is currently on a sabbatical leave in deciding sabbatical leave recipients. On such a committee, no elementary teacher shall vote on the application of a teacher within their building, no secondary teacher shall vote on the application of a teacher within their department, and no principal shall vote on the application of a teacher within their building.

Subd. 2. A proposed program of study may be interpreted to include study, research, work experience, travel, theater experience or other planned experiences appropriate to the professional growth of the staff member, primarily for the person at the MA level or beyond.

Subd. 3. Applications for sabbatical leave shall be filed with the Human Resources Office on or before February 1st for leaves granted beginning the next basic contract year. Applicants shall receive written notification of the disposition of their requests by April 1st.

Subd. 4. The number of teachers on sabbatical leave shall be limited to a maximum of one (1) percent of the full-time teachers. If the number of requests exceeds the limitation, priority shall be given on the basis of need for meeting resident requirements for study, contribution to the school system, length of service, and the equitable distribution of leaves among the various departments of school service. In each case the administration must certify ability to secure a qualified substitute.

Subd. 5. The allowance granted to a teacher on sabbatical leave shall be selected by the teacher from one of the following forms of allowance:

A. One-half (1/2) the basic contract salary of the individual for the school year during which the leave takes place and a full basic contract salary for the school year immediately following the leave.

B. Three-fourths (3/4) the basic contract salary of the individual for the school year during which the leave takes place and three-fourths (3/4) the basic contract salary for the school year immediately following the leave.

For periods of less than one year the sabbatical allowance shall be prorated. Teachers granted sabbatical leave shall retain leave days accumulated prior to sabbatical leave and shall be provided the medical, dental, and life insurance benefits of employed full-time teachers.

Subd. 6. A teacher who is granted a sabbatical leave is required to teach in District 623 for one basic contract year following the termination of the leave. If the teacher does not fulfill this requirement for any reason other than the individual's incapacity to teach before the expiration of the contract year, they shall pay to the School Board a prorata part of the sabbatical allowance. Provided, however, that a person on a sabbatical leave who is placed on unrequested leave of absence shall have the 5-year unrequested leave period to accumulate the equivalent of the one-year, return-to-service requirement. The required repayment, if any, of the sabbatical allowance at the end of the 5-year period shall be the dollar equivalent of the unfulfilled service requirement. In the event that at any time during the 5-year unrequested leave period the teacher refuses to accept a .8 FTE, or greater position, and for which they are qualified, provided the offer of a position is made within 20 working days of the end of a school year, the teacher shall immediately repay the sabbatical allowance.

Subd. 7. In the event a teacher's program of study includes research, work experience, travel, theater experience or planned experiences other than course work, the teacher shall be required to submit a written report to the Staff Development Committee. The report shall be submitted within one month after the conclusion of the sabbatical leave.

Subd. 8. Upon expiration of the sabbatical leave, the teacher shall return to the teaching position they occupied immediately prior to the leave or to a position mutually agreed upon. If the position the teacher occupied immediately prior to the leave has been discontinued and there is no mutual agreement on an alternative position, the teacher may be assigned by the appropriate director to any position for which the teacher is qualified licensed.

Subd. 9. Applications for second sabbatical leaves will only be considered if:

A. The applicant has been employed six (6) full years since the return from the first sabbatical leave, and

If the number of approved first sabbatical leaves for the coming school year is less than the allowable percentage of full-time teachers to be on sabbatical leave in a given year.

An extended leave of absence is available to eligible teachers under the provisions of Minnesota Statue 122A.46. See summary information in Addendum 7 of this contract for a description of the leave provisions.

Act: The Family Medical Leave Act is available to eligible teachers under the provisions of Federal Statue. See FMLA summary information in Addendum 6 of this contract for a description of the leave provisions.

Up to three official religious holidays during the school year may be granted under the following conditions:

A. Written application is made indicating the religious day to be observed two weeks in advance of the desired day of leave to the supervising administrator and Human Resources.

B. Such day is a scheduled duty day.

Subd. 1. If a teacher is required to appear in court as a result of involvement in matters related to school duties, neither sick nor emergency leave shall be deducted.

Subd. 2. Absence of a teacher due to court action initiated by the teacher or an organization, other than the Exclusive Representative, of which a teacher is a member for personal, monetary, or other gains shall require use of personal leave. If no personal leave is available, the teacher may make application for short term leave.

Subd. 3. A teacher required by the court to appear in non-school related cases not covered in Subd. 2 shall have emergency leave available.

Subd. 4. Requested exceptions to such deductions shall be submitted in writing to, and subject to the approval of, the Superintendent or his/her delegated agent.

Subd. 5. To the extent that per diem payments are received, the salary paid shall be reduced in like amount and the reduction of sick/emergency leave prorated.