A. A unit member who is absent from work other than for those days as authorized by State law or provisions of this Agreement is taking an unauthorized absence in breech of contract and in violation of the Agreement.  Such unauthorized absence is subject to disciplinary action including dismissal.

B. Absence requests shall be made prior to the absence unless circumstances preclude the procedure.

A. Employees covered by this Agreement shall be entitled to use personal illness leave (sick leave) as set forth in this Agreement for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery there from on the same terms and conditions governing leave of absence for other illnesses, injuries, or medical disabilities.  Such leave shall not be used for child care, child rearing, or preparation for childbearing, but shall be limited to those disabilities caused or contributed to by pregnancy, miscarriage, childbirth, or recovery there from.

B. An employee who is pregnant may continue in active employment as late into her pregnancy as she desires, provided she is able to perform her required duties and responsibilities and has submitted the necessary doctor’s certificate.

C. The length of such pregnancy disability leave, including the date on which the employee’s duties with the District are to be resumed, shall be determined by the employee and the employee’s physician.

D. Employees shall be entitled to leave without pay or other benefits for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, or recovery there from, when all current, accumulated and differential sick leave has been exhausted.  The date on which the employee shall resume duties shall be determined by the employee on leave and the employee’s physician, provided, however, that the District management may require a verification of the extent of disability.

E. The leave policy shall be construed as requiring the Board of Education to grant leave with pay only when it is necessary to do so in order that leaves of absence for disabilities caused or contributed to by pregnancy, miscarriage, or childbirth are treated the same as leaves for other illnesses, injuries, or disabilities.

F. An employee on pregnancy disability leave for one semester or less shall be entitled to return to the same assignment held at the time such leave commenced, unless such assignment has been discontinued, in which case the employee shall be entitled to a comparable assignment.  An employee on pregnancy disability leave for more than one semester shall be entitled to return to an assignment comparable to the assignment held at the time such leave commenced.  In any case, the assignment of the employee upon return to work shall be comparable to that held at the time pregnancy disability began.  “Comparable” means same educational level (primary, upper elementary, middle school, or secondary) and also means immediate assignment within major and/or minor teaching fields whenever possible, except by request of the employee and subject to availability of the position.

G. Whenever the District determines that it may be appropriate to require verification of the extent of any of the disabilities referred to above, said verification shall be achieved through one of the following two (2) methods – the option to be exercised by the affected employee, in the event the employee does not exercise an option upon request, the District may proceed with procedure 1 below:

1. District management may require a verification of the extent of disability through a physical examination of an employee by a physician appointed by the District, at District expense, or

2. An additional medical examination shall be conducted by the employee’s physician at District expense.  In the event the employee chooses to exercise that option, the employee’s physician verification shall contain the following language:

I understand that my verification of disability is to be used for the expenditure of public funds. I have read the foregoing verification of disability and declare under penalty of perjury that it is true and correct.

Executed this _________________ day of ______________________, 20___ at _______________________, California, ________________ County.

H. Unit members may use fifteen (15) days of accumulated sick days for the birth or adoption of a child. (Does not apply to the mother in natural birth.)

I. A unit member may request up to three (3) a year for paternity absence.  The unit member shall have the amount paid a substitute employee deducted from the salary.  This request may be in addition to a request under 10.2.5-B.

A. At the beginning of each school year, each unit member shall be credited with one (1) sick day per month to be worked. 

1. A month of service is at least 75% of the duty days in that month.

2. A unit member who works 50% or more, but less than 75% of the duty days in a month, shall earn ½ sick day.

3. The District shall provide a summary of accumulated sick leave to all unit members.

B. Sick days may be used by a unit member for personal illness, injury, physical disability, or quarantine.  A unit member may annually use six (6) sick leave days for the illness of a child, parent, or spouse.

1. After accrued sick days are exhausted, and if a unit member is absent from duties because of illness or accident for a period of 100 duty days or less, the amount deducted from the salary due for any month in which the absence occurred shall not exceed the sum which is normally paid a substitute employee.

C. All sick day benefits must be claimed within each payroll reporting period by filing a unit member absence card.

D. Signature certification of the unit member is required for absences not exceeding six (6) consecutive duty days.

E. If a pattern of absences exists or if there is reasonable cause to believe that the unit member is abusing the use of sick days, the Human Resources Office may require the unit member to provide additional certification of such absences.

F. A written statement of absence day(s) and reason(s) for absence by a duly licensed physician for absences more than six (6) consecutive duty days, or acceptable evidence of treatment and the need therefore by the practitioner of the religion of any well-recognized church or denomination, shall be required in each payroll reporting period.

G. The absence card shall indicate the days of absence, the reason(s) for the absence(s), and the unit member’s signature.

H. The immediate supervisor’s signature designating approval is required in order for the unit member to receive pay.

I. The District shall provide each unit member with verification of accumulated sick days by November 1.

A. Bargaining unit members shall be allowed no more than eight (8) days of accumulated sick leave for purposes of personal necessity/compelling absence.  Such days may be taken when: (a) the need for absence is beyond the unit member’s immediate control, (b) it presents an unavoidable conflict with duty hours, and (c) the unit member has no reasonable alternative.

The unit member will provide advance notice of absence to his/her supervising administrator unless extenuating circumstances exist.  Reasons for such absence need not be provided, but shall comply with the limitations in 10.2.4-A.

A. Without Loss of Pay:  Upon request a unit member may be excused for an occasional absence up to a maximum of two (2) hours for a change in assignment or personal business when such absence from regular duty is deemed in the best interest of the District and the unit member and of such nature that it requires the presence of the unit member during the working day (e.g. medical or dental appointment, religious observance, funeral of close friend).

B. Partial Loss of Pay:  A unit member may request up to two (2) days a year for personal absence with loss of pay equal to that normally paid a substitute.

1. The request shall be made to the immediate supervisor at least twenty-four (24) hours in advance unless an emergency (serious illness of members of immediate family) makes such advance notification impossible.

2. In the event the immediate supervisor denies the absence, the unit member may request a review by the appropriate Division Superintendent, whose decision shall take place prior to the date requested for the personal leave day.

A. Each unit member shall be granted three (3) duty days of paid absence, or five (5) duty days if out of state or travel of more then 250 miles one way is involved, for each bereavement due to the death of any member of his/her immediate family.  Verification of death of member of immediate family and travel distance may be required by the District.

A. A unit member shall be entitled to as many days of paid absence as are necessary for appearance for jury duty or court appearance under subpoena, except where the subpoena supports a bargaining unit member’s action against the District (voluntary service on Grand Jury not included).

B. The daily jury stipend, less mileage and parking allowance if given, shall be paid to the District.

C. A verification (court order, subpoena, etc.) shall be required proof of the need for such attendance.

D. Unit members who are released from jury duty or court appearance under subpoena at or before 10:00 a.m. will report to their assignments for the remainder of the day.

E. A unit member who is the victim of a crime or domestic violence may utilize days of paid absence to appear in court if such is necessary.

1. Advance notice is required except in the case of extenuating circumstances.

2. Verification of appearance from the court is required.

A. A unit member who serves the Santa Ana Unified School District shall be entitled to an occupational accident or occupational illness leave of absence not to exceed sixty (60) duty days during which time schools of the District are required to be in session or when the unit member would otherwise have been performing work for the District in any one fiscal year for the same accident.

1. The unit member shall notify the immediate supervisor of the injury/illness within 24 hours.

2. If the injury/illness results in lost time from work the District may require the unit member to submit to a physical examination by a physician selected by the District at any time during the absence period.  The expense of the physical shall be borne by the District

B. The following rules shall apply:

1. Allowable absence shall not be accumulated from year to year.

2. Occupational injury or illness absence shall commence on the first day absence.

3. When a person employed in a position requiring certification qualifications is absent from assigned duties on account of an occupational injury or illness, the person shall be paid such portion of the salary due him/her for any month in which the absence occurs as when added to the person’s temporary disability indemnity, will result in a payment of not more than the person’s full salary.

4. Occupational injury or illness absence shall be reduced by one day for each day of authorized absence regardless of a disability indemnity award.

5. When an occupational injury or illness absence extends into the next fiscal year, the unit member shall be entitled to only the amount of unused absence due for the same illness or injury.

C. Upon termination of the occupational injury or illness absence benefit, the unit member shall be entitled to the other benefits provided in this Agreement and for the purposes of each of these sections, the absence shall be deemed to have commenced on the date of termination of the occupational injury or illness absence benefit, and entitlement or their sick leave will then be used; but if a unit member is receiving Workers’ Compensation the unit member shall be entitled to use only so much of the person’s accumulated or available sick leave, or other available leave which, when added to the Workers’ Compensation award will result in a payment of not more than the full salary.

D. During any paid absence, the District in turn shall issue the unit member appropriate salary warrants for payment of the unit member’s salary and shall deduct normal retirement and other authorized contributions

E. ny unit member receiving benefits as a result of this regulation shall, during periods of injury or illness, remain within the state of California unless the District authorizes travel outside the state.

F. Any unit member who has been off work as the result of an occupational injury or illness shall have a signed release from the physician, duly licensed, prior to returning to work.

1. Limited capacity releases from the treating physician are acceptable for return to work only if the immediate supervisor advises the Human Resources Office, in writing, that the specified limitations will not prohibit the unit member from performing the major responsibilities of the position.

2. If it is determined that a unit member with a limited capacity release cannot perform regular assigned duties, the District may assign the unit member to another District position until a full release is granted.  Nothing herein shall be interpreted or applied to require the District to make such assignment or to create a light duty position.

A. In cases of expected maternity, paternity, adoption or child rearing, the certificated employee involved may secure a leave of absence, without pay, not to exceed one school year, at the end of which the employee shall be reemployed at a comparable position and, if possible, the same position, provided that the employee shall not have an employment status greater than that which the employee would have enjoyed if the employee would not have been on leave.  Leave for child rearing is limited to a child five (5) years old or less.

B. No compensation or fringe benefits, unless paid by the employee, shall be paid to an employee while on parental leave.  During such a leave, a teacher shall maintain, but not add to, sick leave or other employee benefits, including seniority, accumulated prior to such leave

C. Upon request, an eligible unit member shall be granted four (4) months leave without pay for the birth or adoption of a child of the unit member (see 10.3.2.B below).

A. Upon request, the District may provide a unit member an unpaid leave not to exceed one (1) year of the purpose of meeting responsibilities involving members of the immediate family.

B. Upon request, Family Care and Medical Leave for up to four (4) months without pay shall be granted to an eligible unit member within any twelve- (12) month period.

C. A health care provider’s verification of serious illness or serious health condition shall be provided by the employee at the time a request for a leave is filed with the Associate Superintendent, Human Resources.

D. “Serious health condition” means an illness, injury, impairment, or a physical or mental condition which requires the unit member’s presence to care for his/her child, spouse, or parent.

E. No Family Care and Medical Leave shall be granted if an undue hardship would be created regarding the operation of the District.  The District shall consider alternative means to alleviate the situation.

F. Health benefits as provided to active employees shall be provided during the first twelve (12) weeks of such leave.

A. The District shall consider granting a unit member, upon request of the unit member’s medical advisor, an unpaid leave for health reasons.  The District may require a statement by the District’s selected physician to the effect that such leave is necessary.  The physician’s cost shall be borne by the District.

A. The District may grant a unit member an unpaid leave of absence of one (1) year (renewable with permission for an additional year) to pursue a District-approved program of professional development which may include, but not be limited to, additional schooling and/or training, research, participation in faculty exchange programs, or travel related to the unit member’s present assignment.

1. Other leaves of absence shall be considered if they are related to the educational needs and/or programs of the District.

A. A unit member who is elected to the State Legislature shall be granted an unpaid leave of absence for the length of his/her term or terms of office.  A permanent unit member elected to other government posts may also be granted an unpaid leave of absence for the length of his/her term or terms of office.

A. At the discretion of the District, a sabbatical leave may be granted for the purpose of professional improvement and the development of material which will benefit the students of the Santa Ana Unified School District.  This purpose may be achieved by one of the following or a combination of the following:

1. Academic Study

a. The unit member pursues a program of studies as a full-time student in an accredited institution of higher learning.  “Full-time” status shall be verified in writing by the registrar’s office of the institution attending.

2. Independent Research

a. A leave related to the present or prospective service.  The program must be at least equivalent in effort and content to the required units as pursued in 10.3.6.A-1.  A complete plan for such study must be approved and filed with the original application.

3. Travel

a. The unit member shall remain in travel status three and one-half (3 ½) months for each semester of leave granted.

B. General Provisions

1. Eligibility:  Unit members meeting the following criteria may, at the discretion of the District, be granted a leave once in every eight (8) years.

a. Achieved permanent status.

b. Possession of a valid California credential.

c. Completion of seven (7) consecutive years of successful service in the District.  A full year of service shall consist of seventy-five percent (75%) of the school year.

d. An approval by a physician that the unit member is in good physical condition shall be required.  Expenses incurred will be the responsibility of the unit member.

2. Length of Leave

a. Sabbatical leaves shall be granted for not less than one (1) full semester or more than two (2) consecutive semesters.  Leave for a fractional part of a semester is not permitted. 

b. Any certificated employee eligible for sabbatical leave who requests such leave during the second semester of any school year must have completed a minimum of seventy-five percent (75%) of the days that school is in session the first semester of that school year.

3. Application

a. Sabbatical leave applications shall be submitted prior to November 10 or the year preceding the school year for which the leave is desired.  Requests for leaves for the second semester shall be submitted prior to the last duty day of the year preceding that for which leave is desired.

b. The application form is to be submitted to the Associate Superintendent, Human Resources, who will establish the eligibility of the candidate.  It will then be forwarded to the principal for approval and then returned to the Office of Human Resources.

c. Qualifying applicants’ forms shall be forwarded to the Sabbatical Leave Application Panel.

d. The Sabbatical Leave Application Panel shall consist of seven (7) members.  The members shall be four (4) tenured teachers appointed by the Association and three (3) administrators appointed by the Superintendent or designee.  One of the administrators shall be appointed by the Superintendent or designee to serve as chairperson of the panel.  The panel shall review all qualifying applications and forward them to the Division Superintendent with a recommendation.  The composition of the panel (grade level or position held) may be adjusted to reflect the applicant’s assignment.

e. The Associate Superintendent, appropriate division, will review all sabbatical leave applications considering: (a) Relative merits of reasons for desiring leave; (b) Direct benefit to the District; (c) The number or previous sabbatical leaves granted the applicant; (d) Seniority or service in the District; (e) Reasonable distribution of applicants in the various segments of the district.  Following review of the applicants, the Associate Superintendent, will make his recommendations to the Superintendent.

4. Approval

a. Upon the approval of the Board of Education, the Human Resources Division will prepare the necessary contract and see that all required signatures are properly affixed and that any other pre-leave requirements are met.

5. Concerning Retirement

a. Sabbatical leave shall count toward retirement, and the retirement contributions shall be deducted from warrants in the usual manner. (Education Code, Section 22803)

6. Rate and Conditions of Compensation

a. A unit member who receives a sabbatical leave approval shall receive his/her regular salary less 83% of Class I, Step 1.

b. The unit member may elect to continue the maintenance of his/her benefits or receive that amount paid by the District for his/her benefits as salary.

c. Compensation for any employment accepted as part of the sabbatical leave program must not exceed the difference between the regular salary the employee would have received had he/she remained on duty and the salary he/she receives for sabbatical leave.

d. Sabbatical leaves shall count as a regular period of service and shall not interrupt the unit member’s progress on the salary schedule.

7. Method of Payment

a. Two plans are made available from which an employee may select his/her preference: (1) Compensation granted by the Board of Education to the employee on leave may be paid in two equal annual installments during the first two (2) years of service rendered in the employ of the District following the return of the employee from the leave of absence (Education Code, Section 44969); (2) Salary for sabbatical leave will be paid to the employee while on leave of absence in the same manner as if the employee were teaching in the District upon the furnishing by the employee of a suitable bond indemnifying the District against loss in the event that the employee fails to render at least two (2) years of service in the Santa Ana Unified School District after return from leave of absence.  The employee should make arrangements with the Business Office for the disposition of his/her salary warrant each month.

8. Status upon Returning from Sabbatical Leave and Required Report

a. At the expiration of the sabbatical leave, the certificated employee who has been granted such leave shall be reinstated, unless he/she agrees otherwise, in the position that is in the best interest of the District.  The provisions of Education Code, Section 44973 shall be waived upon acceptance of the leave.  The District shall make a good faith effort to reinstate the unit member in the position held at the time the leave was granted.

b. Each employee who has been on sabbatical leave shall file with the Division Superintendent the complete material that was agreed to at the time the leave was approved not later that thirty (30) duty days after return to his/her assigned duty.  In addition, a report shall be filed giving specific information on employment accepted and compensation received there from during the period of sabbatical leave.  All such material shall then be presented to the Board of Education for approval.  Transcripts of college and university work shall be supplied the District.

c. Payment for service rendered after return to duty cannot be made until either (1) these documents are filed with the Superintendent and approved by the Board of Education, or (2) a statement is filed that the employee is not going to fulfill the leave requirements.  If leave requirements are not fulfilled, no compensation may be paid for such leave and any such compensation received must be refunded.

d. In all matters in which this Section is in conflict with the Education Code, the provision of the Education Code shall prevail.