Leaves of Absence

Employee Leaves of Absence
COVID-19 Related Leaves of Absence
 
Eligible employees may request a leave of absence related to COVID-19 under the Families First Coronavirus Response Act (FFCRA), which includes Emergency Paid Sick Leave Act (EPSL) and/or the Emergency Family and Medical Leave Expansion Act (EFMLEA).

 

FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

EFFECTIVE DATE

Applies to leave taken between April 1, 2020 and December 31, 2020

PROVISIONS

Emergency Paid Sick Leave (EPSL)

Expanded Family Medical Leave (EFMLEA)

WHO IS ELIGIBLE

  • Employees regardless of how long they have been employed 
  • Employees employed for at least 30 days

RATE OF PAY

  • The employee’s regular rate of pay or; 
  • Two-thirds of the employee’s regular rate of pay
  • Two-thirds of the employee’s regular rate of pay
  • An employee may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave for the first two weeks of partial paid leave under this section.

PROVISION RESTRICTIONS

  • Paid sick time provided under this Act does not carryover from one year to the next. 
  • Employees are not entitled to reimbursement for unused leave upon termination, resignation, retirement, or other separation from employment.
 

FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

Leave Qualifications & Provisions

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Employee is unable to work (or unable to telework) due to a need for leave because the employee:

DURATION OF LEAVE AVAILABLE


CALCULATION OF PAY

1

is subject to a Federal, State, or local quarantine or isolation order related to COVID-19;

A full-time employee is eligible for 80 hours of leave, and a part-time employee is eligible for the number of hours of leave that the employee works on average over a two-week period.

Employees taking leave are entitled to pay at either their regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a 2-week period).

2

has been advised by a health care provider to self-quarantine related to COVID-19;

3

is experiencing COVID-19 symptoms and is seeking a medical diagnosis;

4

is caring for an individual subject to an order described in (1) or self-quarantine as described in (2);

Employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate (over a 2-week period).

5

is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or

A full-time employee is eligible for up to 12 weeks of leave:

  • Two weeks of paid sick leave followed by up to 10 weeks of paid Expanded Family & Medical Leave (EFML) at 40 hours a week
  • A part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period

Employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate (over a 12-week period).

  • An employee may elect to substitute any accrued vacation leave, personal leave, or medical or sick leave for the first two weeks of partial paid leave under this section.

6

is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.

A full-time employee is eligible for 80 hours of leave, and a part-time employee is eligible for the number of hours of leave that the employee works on average over a two-week period.

Employees taking leave are entitled to pay at 2/3 their regular rate or 2/3 the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate (over a 2-week period).

 
Medical Leaves of Absence
 
 
CLASSIFIED EMPLOYEES (CalPRO)
ARTICLE XI - LEAVE OF ABSENCE
  • 11.1.1  An employee, covered by this Agreement, working five (5) days per week for a full contract year (12 months), shall annually be entitled to twelve (12) days of leave of absence with full pay for the purpose of personal illness or injury.
      • An employee, covered by this Agreement, working less full-time, shall be entitled to such leave in the same ratio that his/her employment bears to full-time employment.  Credit for personal illness and injury leave need not be accrued prior to utilizing such leave and such leave may be utilized at any time during the employee’s assigned work year.  Sick leave used but not earned, upon termination, shall be reimbursed to the District. Nine (9) month employees shall receive ten (10) sick days.
 
    • 11.1.1.1 Establish Committee to Review Cost of Absences: The Union and the District agree to establish a joint committee with equal representation by Painters and Allied Trades District Council 36 and the District to review and recommend a plan for reduction of the cost of absences. The areas shall not be limited to incentives similar to those presented to the certificated bargaining unit or other forms of compensation or incentives.
 
  • 11.1.2  Employees, upon initial employment, shall be eligible to take not more than six (6) days, or the proportionate amount of sick leave to which they are entitled, until the first day of the calendar month following six months of service. Sick leave used but not earned upon termination shall be reimbursed to the District.
 
  • 11.1.3  Pay for any day of such absence shall be the same as the pay which would have been received had the employee served during the day of illness.
 
  • 11.1.4 Each bargaining unit employee shall once a year be credited with a total of 100 working days of paid sick leave including days to which he or she is entitled under Section 11.1.1. Such days of paid sick leave in excess of those provided under Section 11.1.1 shall be compensated at fifty percent (50%) of the employee’s salary.  Use of sick leave hereunder shall be subject to the provisions of Section 11.1.6.
 
  • 11.1.5  If an employee does not utilize the full amount of leave as authorized in Section 11.1.1 in any school year, the amount not utilized shall be accumulated from year to year.
 
  • 11.1.6  If an employee fails to submit a verification required under this section within five (5) workdays of his return to work, the employee’s paycheck may be adjusted to reflect the non-payment for days of leave claimed, in addition to any other measures which the District may take including but not limited to disciplinary action. If an employee is absent due to personal illness or injury on the day before or the day after a legal or local holiday, the employee shall provide a doctor’s statement verifying such absence, or other verification acceptable to the District. An employee who has experienced a disability absence requiring surgery, hospitalization, or extended medical treatment, shall be required to submit, prior to return to active duty, a medical statement indicating an ability to return to his/her position classification.
 
  • 11.1.7  Whenever possible, an employee must contact the District Office as soon as the need to be absent is known, but in no event less than two (2) hours prior to the start of his/her workday, unless later notification is authorized in advance by the immediate supervisor.  The notification described herein shall also include an estimate of the expected duration of the absence.
 
  • 11.1.8  An employee becoming aware of the need for absence of more than five (5) consecutive work days, due to surgery or other predictable causes, shall submit a statement from his/her attending physician at least five (5) days prior to the date of absence, if applicable, and a request for leave of absence to the Personnel Division, using the approved District form, prior to taking the leave. The physician’s statement shall include the beginning date of disability, that the employee is medically able to work, and the anticipated date of return to active service.
 
  • 11.1.9  When a unit member is absent due to illness for more than five (5) consecutive days, a leave form shall be required. On or before the sixth (6th) day of absence, the unit member shall notify the Personnel Division of his/her anticipated length of absence. The District shall provide the employee with a leave of absence form. The leave of absence form shall be submitted to the District within five (5) days after receipt of same by the unit member.
 
  • 11.1.10 For employees compensated on the basis of a monthly salary, personal illness and accident leave may be utilized in increments of no less than one-quarter day. For employees compensated on the basis of an hourly rate, personal illness and accident leave may be utilized in increments of no less than two (2) hours.
 
  • 11.1.11 An employee shall notify the District Office of the employee’s intent to return to work at least two (2) hours prior to the close of the preceding workday. If the employee fails to notify the District Office as specified herein, the employee shall not be allowed to return to work on said day and said day shall be unpaid. If an employee is absent for twenty (20) consecutive workdays or more, the employee shall advise the District Office of his/her intent to return to work at least twenty-four (24) hours prior to the date of the return. If the employee fails to notify the District Office as specified herein and returns to work, the employee shall not be allowed to work on said day and said day shall be unpaid.
 
  • 11.1.12 Immediately upon return to active service, the employee shall complete the District absence form and submit it to the immediate supervisor.
 
  • 11.1.13 If, upon termination, an employee has used more sick leave than has been earned and accrued, that deficit, in a dollar amount calculated for the equivalent daily rate for that employee at the time of termination, shall be deducted from the final salary warrant due.
 
  • 11.1.14 Employees on paid illness leave shall be returned to their previous position unless circumstances warranting a transfer or reassignment under Article 15 apply, the employee has been subject to or affected by a layoff, or the employee is no longer able to perform the essential functions of his or her former position in a manner that does not pose a direct health or safety, with or without reasonable accommodation.
 
  • 11.1.15 Pursuant to Education Code Section 45195, when all available leaves of absence, paid or unpaid, have been exhausted and if the employee is not medically able to assume the duties of his or her position, the employee may request additional leave, paid or unpaid.  If the request is denied or the employee does not request additional leave, the District shall place the employee on a reemployment list for a period of thirty-nine (39) months. If at any time during the 39 months the employee is able to assume the duties of his or her position, the employee shall be reemployed in the first vacancy in the classification of his or her previous assignment.  The employee’s reemployment will take preference over all other applicants except for those laid off for lack of work or funds.  
 
  • 11.1.16 Any classified employee of any public school district or county superintendent of schools who has been employed for a period of one calendar year or more whose employment is terminated for reasons other than action initiated by the employer for cause and who subsequently accepts employment with the District within one year of such termination of his former employment, shall have transferred with him to the District the total amount of earned leave of absence for illness or injury to which he/she is entitled under Section 45191 of the Education Code.
  • 11.2.1  Days of absence for illness or injury earned and available pursuant to Section 11.1.1, may be used by an employee in cases of personal necessity, without prior approval, provided that use of such personal necessity leave does not exceed seven (7) days in any school year.  Personal necessity leave is defined to include only the following:
    • 11.2.1.1 Death or serious illness of a member of the employee’s immediate family when additional leave is required beyond the provisions of Section 11.3.1 for Bereavement Leave. Members of the immediate family shall mean the same as defined in Section 11.3.2 of this Agreement.
    • 11.2.1.2 Accident, involving the employee or his/her property, or the person or property of a member of the employee’s immediate family.
 
  • 11.2.2  An employee shall obtain prior approval from the Personnel Division for use of personal necessity leave in these circumstances:
    • 11.2.2.1 Appearance in any court or before an administrative tribunal as a litigant, party or witness under subpoena or any order made with jurisdiction, provided the subpoena or summons is submitted to the Personnel Division three (3) days prior to the required appearance, when possible, subject to appropriate verification.
        • The term “litigant” in this provision does not mean plaintiff, complainant or charging party in an action against the District.
        • In any case where a witness fee is payable, such fee may be collected by the unit member and remitted to the District. A unit member who chooses to retain any witness fee shall be paid the difference between the unit member’s regular rate of pay and the witness fees received.
    • 11.2.2.2 Attendance at a funeral of a close friend or a member of the employee’s family, other than the immediate family. The duration of such leave shall not exceed one (1) workday.
 
  • 11.2.3  If an employee is absent due to personal necessity as defined herein on the day before and/or day after a legal or local holiday, the employee shall provide verification of his personal necessity acceptable to the District. If the employee fails to submit the verification immediately upon return to work, the employee’s paycheck may be adjusted to reflect the non-payment for days of personal necessity leave claimed.
 
  • 11.2.4  For employees compensated on the basis of a monthly salary, personal necessity leave may be utilized in increments of no less than one-quarter day. For employees compensated on the basis of an hourly rate, personal necessity leave may be utilized in increments of no less than two (2) hours.
 
  • 11.2.5  An employee shall submit a request for approval of personal necessity leave on the District developed form to the immediate supervisor not less than 48 hours prior to the proposed beginning of the requested leave, except when there is an emergency. The employee shall provide upon District request additional verification of the basis for the leave request.  Requests for such leave shall be accepted for review less than forty-eight (48) hours in advance if there is an emergency. The employee shall in any event make every effort to comply with District procedures designed to secure substitutes and shall notify the immediate supervisor on the request form of the requested duration of the leave. The immediate supervisor shall review the request, grant or deny it in his or her discretion, and advise the employee accordingly.
 
  • 11.2.6  Immediately upon return to active service, the employee shall complete the District absence form and submit it to the immediate supervisor.
 
  • 11.2.7  Of the seven (7) days of personal necessity leave, employees may take, once a year, up to two (2) days for personal business without prior authorization. Said days are not cumulative.  Employees are expected to notify their immediate supervisors in sufficient time so that substitute may be employed. 
 
  • 11.2.8  An employee shall notify the District Office of employee’s intent to return to work at least two (2) hours prior to close of the preceding workday unless the return day is definite and certain.
  • 11.3.1 An employee shall be granted necessary leave of absence, not to exceed five (5) consecutive workdays without loss of salary on account of the death of any member of his/her immediate family. The necessary leave of absence shall be granted for the number of days specified herein immediately following the bereavement.
  • 11.3.2 For the purpose of this provision, the immediate family is defined as spouse or domestic partner, mother, father, sister, brother, son, daughter, mother-in-law, father-in-law, daughter-in-law, son-in-law, grandchild, foster-parent, step-parent, stepson, stepdaughter, grandparents, brother-in-law, sister-in-law or any relative of either spouse or registered domestic partner living in the immediate household of the employee. Bereavement leave not exceeding three (3) days may also be granted in case of death of:
    • 11.3.2.1 An aunt or uncle defined as a brother or sister of a parent.
    • 11.3.2.2 A close friend for whose funeral arrangements an employee has responsibility. 
  • 11.3.3 An employee exercising the leave of absence provisions shall notify the District as soon as possible and indicate the expected duration of the absence.
  • 11.3.4 Immediately upon return to active service, the employee shall complete the District absence form and submit it to the immediate supervisor.
  • 11.3.5 The employee shall provide upon District request additional verification for the use of these leave provisions.

11.4.1  An employee is entitled to utilize sick leave as set forth in 11.1.1 and 11.1.3 for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and related medical conditions on the same terms and conditions governing leaves of absence for other temporary illness or injury disability. Such leave shall not be used for child care, child rearing, or preparation for child bearing, but shall be limited to those disabilities as set forth above. The length of such disability leave, including the date on which the leave shall commence and the date on which the duties are to be resumed, normally shall be determined by the employee and employee’s physician. If absence after normal delivery exceeds six (6) weeks, the District may require a verification from the employee’s physical stating that the employee remains medically unable to work, the absence is related to the pregnancy, and identifying an approximate date of return to work.

 

11.4.2  The employee shall submit a request for pregnancy disability leave not less than thirty (30) days prior to the requested commencement date of the leave. The request shall be accompanied by the attending physician’s statement stating that the employee is medically unable to perform her duties of and the anticipated beginning and ending dates of the leave.

 

11.4.3  Immediately upon conclusion of the pregnancy disability described herein, the employee shall return to service and shall complete the required District absence form and submit it to her immediate supervisor. The employee shall provide advance notice of return as provided by section 11.1.11.  The employee shall provide verification of ability to return to work as provided by section 11.1.6.