Article 14. Unrequested Leave of Absence

The purpose of this article is to implement the provisions of Minn. Stat. § 122A.40, Subd. 10, which article, when adopted, shall constitute a plan for unrequested leave because of discontinuance of position, lack of pupils, financial limitation or merger of classes caused by consolidation of district.

Subd. 1. Teacher: "Teacher" means a continuing contract teacher who is a member of the appropriate unit as defined in this Agreement. Probationary teachers, Tier 1 licensed teachers shall not be defined as a teacher for purposes of this Article only.

Subd. 2. Day/Date of Employment: "Day/date of employment" shall mean the “hire date” the teacher entered the bargaining unit. For teachers returning to work after retirement or resignation, the hire date shall mean the date the employee returns to the bargaining unit after such retirement or resignation.

Subd. 3. Subject Matter Category: "Subject Matter Category" shall mean such categories as are determined by the State Board of Education, State Board of Teaching, or the appropriate agency for licensing purposes.

Subd. 4. Seniority: "Seniority" means length of service by a continuing contract teacher commencing with the hire date as provided in Subdivision 3 of this Section. Probationary teachers, Tier 1 licensed teachers and substitute teachers as defined in Minn. Stat. § 122A.44, Subd. 2, are excluded. Upon completion of the probationary period, a teacher's seniority date shall relate back to the date of hire.

Subd. 5. Seniority Date: A teacher's seniority date shall be unaffected by any board approved leave of absence.

Subd. 6. Length of Seniority: In determining the length of seniority, a teacher whose employment has been legally terminated by resignation, or termination pursuant to Minn. Stat. § 122A.40, but whose employment was subsequently reinstated, by action of the school district and the teacher, without interruption of regular service, shall retain his/her original seniority date. If there is an interruption of regular service, the seniority date shall be determined as provided in Subdivision 3 of this Section.

Subd. 1. Terms: The school district may place teachers on an unrequested leave of absence without pay or benefits because of discontinuance of position, lack of pupils, financial limitations, or merger of classes. Such leave shall be effective no later than the close of the school year. A teacher placed on unrequested leave shall have the right to recall for five (5) years from the date of the teacher's last working day, provided the teacher still holds the license for that position.

Subd. 2. Notice: Teachers placed on such ULA shall receive notice immediately after the first May School

Board Meeting in the school year prior to the commencement of such leave with reasons.

Subd. 3. Order of Layoff: Teachers shall be placed on unrequested leave in inverse order of seniority as qualified pursuant to this Article, within the subject matter categories covered by this Agreement, subject to the following exceptions. Tier 2 licensed teachers will be laid off prior to any qualified Tier 3 or 4 teachers being placed on unrequested leave of absence.

Subd. 4. Equal Opportunity: The provisions herein shall not apply if it will result in any violation of the district's affirmative action program which shall include ethnic, race, color or sex; and any person employed in an affirmative action program may be retained in the same field or subject matter of a teacher with greater seniority if it is necessary to effectuate the purposes of such affirmative action program.

Subd. 5. Tie Breaking: In the event of a staff reduction action affecting teachers whose first date of employment commenced on the same date and who have equal seniority, the board approved hire date shall be the first tie breaker. If seniority is still equal, the selection of the teacher for purposes of discontinuance shall be determined by the lowest file folder number assigned by the Board of Teaching.

Subd. 6. Restrictions: Any teacher placed on such leave may engage in teaching or any other occupation during such period and may be eligible for unemployment compensation if otherwise eligible under that law.

Subd. 7. Limitations: A teacher on unrequested leave serving in a substitute position pursuant to Minn. Stat. § 122A.44, shall not acquire any additional seniority as a result of the substitute service, nor shall such teacher's five (5) year period of unrequested leave be extended as a result of substitute service.

Subd. 1. Reinstatement: No new or probationary teacher shall be employed by the school district while any qualified teacher is on unrequested leave of absence in the subject matter category in positions covered by this Agreement. Teachers placed on unrequested leave of absence shall be reinstated to the position from which they have been given leave, or any other available position in the school district covered by this Agreement in the subject matter categories in which they are qualified as such positions become available. The order of reinstatement shall be in inverse order in which teachers were placed on unrequested leave.

Subd. 2. Notification: When placed on unrequested leave, a teacher shall file his/her name and address with the school district’s human resources office to which any notice of reinstatement or availability of position shall be mailed. It is the teacher’s responsibility to provide notice of any address changes. Proof of service by the District’s representative depositing such notice to the teacher at the last known address shall be sufficient and it shall be the responsibility of any teacher on unrequested leave to provide for forwarding of mail or for address changes. Failure of a notice to reach a teacher shall not be the responsibility of the school district if said notice has been mailed as provided herein. If a teacher does not have a current license as reported on the Board of Teaching or requisite licensing body web as of the recall date, the teacher shall forfeit any further recall rights.

Subd. 3. Response Time for Recall before July 1: If a position becomes available for a qualified teacher on unrequested leave, the school district shall mail the notice to said teacher prior to July 1 in the school year of recall. The teacher shall have five (5) business days from the date of receipt of said notice to accept or decline the employment in writing, and an additional ten (10) calendar days to report for duty. Failure to provide written notice of acceptance of re-employment, or to report under the provisions outlined herein, shall constitute forfeiture of right to recall and such teacher shall forfeit any further recall rights.

Subd. 4. Response Time for Recall on or after July 1: If a recall notice is given to any teacher, with a current license required for the available position, on or after July 1 in the school year of recall, such teacher shall have seven (7) business days to provide written notice from receipt to accept the employment and an additional five (5) business days to report for duty. A teacher recalled on or after July 1 may decline the recall without waiving his/her rights to further employment or reinstatement and shall maintain his/her seniority date without interruption.

Subd. 5. Method of Response: In order to maintain the right to reinstatement, the teacher must file a written statement by April 1 of each year requesting reinstatement for the following year. Reinstatement rights shall automatically cease five (5) years from the date unrequested leave was commenced and no further rights to reinstatement shall exist.

Subd. 6. Hearing. If a teacher requests a hearing regarding his/her proposed placement on ULA, such hearing shall be before a Hearing Officer mutually agreed to by the School District and EM-R, and the Hearing Officer shall, after the hearing, submit to the School Board Findings of Fact, Conclusions, and a Recommendation regarding the proposed ULA.

Following school board action on discontinued positions and school board action proposing placement of teachers on unrequested leave of absence, each individual teacher proposed for placement on unrequested leave of absence shall receive notice of the proposed placement that:

states the applicable grounds for the proposed placement;

b) provides notice to the teacher of their right to request a hearing on the proposed placement within 14 days from the receipt of the notice: and

c) provides notice to the teacher that failure to request a hearing will be deemed acquiescence to the school board’s proposed placement action.

Right to a hearing and decision: If the teacher requests a hearing, teachers proposed for placement on unrequested leave of absence pursuant to school board action shall be entitled to a hearing and challenge the proposed placement pursuant to the grievance procedure as provided in this agreement commencing at the arbitration level.

Subd. 1. Publication of List: The school district shall publish and email a seniority list pursuant to this Article within ninety (90) days after execution of this Agreement, and annually thereafter no later than October 15th of each year. The list published on January 10 shall reflect the license(s) on file as of the end of the day on September 15 of each year. In any year in which a reduction of teaching staff is occurring, and the school district is placing teachers on unrequested leave of absence, the seniority list as published in October shall govern for purposes of determining layoff within areas of licensing and qualification for the following school year.

Subd. 2. Disputes: A teacher who disputes personal standing on the seniority list published by the school district may process a grievance pursuant to the grievance procedure within twenty (20) working days following the publication of the list.

This Article shall govern the seniority rights of all teachers as defined herein who are members of the appropriate unit covered by this Agreement. This Article shall not be construed to limit or diminish the statutory rights, as provided in Minn. Stat. § 122A.40, Subd. 11 of any other licensed employees not covered by this Agreement, to a position in the school district consistent with their seniority as provided in said statute nor shall this Article be construed to limit or diminish the contractual rights of other licensed employees covered by a similar agreement.

An employee on an unrequested leave of absence pursuant to this Article shall be entitled to participate in group insurance programs at his/her own expense, to the extent permitted by statute and/or carrier rules.

A teacher placed on unrequested leave of absence may engage in teaching or any other occupation during the period of this leave.

Continuing contract rights and service credits: The unrequested leave of absence must not impair the continuing contract rights of a teacher or result in a loss of credit for previous years of service. A teacher's continuing contract must remain in full force and effect, except as modified by mutual consent of the board and the teacher. Any agreement to mutually modify continuing contract rights must be in writing and can only occur after the teacher is provided with an explanation of their rights under the continuing contract statute and an opportunity to consult with the exclusive representative. The School District agrees to provide notice to the exclusive representative of all mutual modifications of continuing contracts prior to the modifications being finalized.