14.01 Sick Leave
(a) Days of absence authorized under this provision shall be deducted from the sick leave accumulation.
(b) Each employee shall be entitled to earn one and one fourth (1 1/4) days of sick leave for each month under contract up to 15 days per year. The maximum accumulation of sick leave for full-time employees shall be 275 days. This limit shall be increased fo employees who are at the maximum up to an additional ten (1) days for personal leave days unused and converted to sick leave; provided, however employees who are at the maximum sick leave accumulation at the end o the school year prior to their date of retirement shall be permitted to use sick leave which would have been earned during such school year of retirement before using the accumulated sick leave carried ever into the last school year.
(c) All accumulations of unused sick leave credit heretofore accrued under prior laws and policies shall remain to the credit of the sick leave account of each employee on the effective date of this regulation. Upon the employment of an employee whose employment was in a school district outside the State of Ohio, the employee may transfer to his sick leave account in the Springboro Schools up to a maximum of one hundred and fifty (15) days of unused/uncashed leave as accrued to his/her sick leave account in his/her former district of employment as certified by officials of that district. Accrued credits shall be allowed to employees transferring their employment from other Boards of Education or other political subdivisions in Ohio, provided such credits have been computed under the minimum requirements of the laws of the State of Ohio and do not exceed the local cap on sick leave.
(d) On reporting to duty, each employee shall be credited an advance of five (5) days' sick leav. A new employee shall not accumulate sick leave until such time as the sick leave he/she would have accumulated equals the amount of sick leave he/she was advanced. Thereafter, she/she shall accumulate sick leave at the rate set forth in 14.01(b) above.
(e) Employees who have been employed in the Springboro Community City School District for a period of one (1) year or more and who have consumed all presently accumulated sick leave shall be granted an advancement of the number of sick leave days the employee will earn to the end of the current contract year up to a maximum of five (5) days on their sick leave to be earned thereafter. Any such employee who thus receives an advancement of sick leave shall make written application therefor on a form provided by his/her superior in which he/she shall also allege an intention to return to the employee of the School District upon recovery or to pay the value of such days advanced should he/she not return, such payment ot be either by payroll deduction from money due him/her from the School District or by direct payment. Such application shall be accompanied by the statement of a physical that she/she will be physically able to return to his/her assignment upon recovery and shall also give the anticipated date of return.
(f) The same accrual of one and one fourth (1 1/4) days per month under contract shall continue during the use of sick leave, provided the employee has not been officially separated from the payroll.
(g) Sick leave usage shall be granted for the following:
(1) Absence due to illness, injury or exposure to contagious disease.
(2) Absence due to illness or death in the employee's immediate family.
(3) Disability due to pregnancy and/or delivery. Sick leave may be utilized only during the period of time the employee is actually disabled and unable to perform her normal duties. If additional time off is desired, Child Care/Family and Medical Leave must be utilized.
(4) Up to fifteen (15) days of sick leave may be taken at the time an employee receives an infant (0 to five (5) years old) which is placed with the employee for adoption.
(5) Definitions:
a. Immediate family - Where sickness is concerned, "immediate family" shall be defined as spouse, father, father-in-law, mother, mother-in-law, sister, brother or child. This also includes any other person living as a dependent in the employee's household.
b. Where death is concerned, "immediate family" shall be defined to mean father, mother, husband, wife, son, daughter, step-child (son or daughter of current spouse), father and mother-in-law, son and daughter-in-law, brothers and sisters, brother and sister-in-law, aunts and uncles, nieces and nephews, grandparents and grandparents-in-law, grandchildren and step-parents. The immediate family shall also include the death of a person the employee has been supporting, whether a relative or not.
(6) Sick leave usage to attend the funeral of a member of the employees immediate family shall be:
a. five (5) days when due to the death of the employee's father, mother, spouse, son or daughter; and
b. three (3) days when due to the death of any other member of the employee's immediate family.
NOTE: Additional sick leave usage may be used if the employee is otherwise eligible to use sick leave.
(7) Sick leave for immediate family not residing in the same household shall be granted to a maximum of ten (10) consecutive days upon certification by the employee that the family member i seriously ill and the employee's presence is required. Such ten (10) days shall not be deemed leave granted under the Family and Medical Leave provisions herein (Section 14.17).
(8) An employee may appeal to the Superintendent for special permission in unusual situations not listed above, such as the serious illness of a grandchild.
(h) The Superintendent may, in the exercise of his sole discretion, require any employee using sick leave for ten (10) or more consecutive days in any school year to be examined by a physician or physicians selected by the Superintendent for the purpose of confirming that the employee is disabled and not able to work with or without restrictions/limitations and if the employee is able to work with restrictions/limitations, to work out the reasonable accommodations necessary, if possible, to enable the employee to do so.
In the event the employee's physician and the physician selected by the Superintendent do not agree on any matter, they shall jointly refer the matter to a third physician mutually acceptable to such physicians who shall consider the reports of the two physicians, examine the employee, if necessary, and determine the matter at issue. The determination of this third physician shall be binding on all concerned and is not subject to further appeal.
The employee is responsible for all expenses incurred from his/her physician.
The BOARD is responsible for all expenses incurred from the physician selected by the Superintendent and for the cost of the third physician.
(i) Falsification of the sick leave statement could result in the termination of an employee's contract pursuant to Section 3319.16 Ohio Revised Code.
(j) An employee returning to work following a personal illness which required absence of ten (10) or more work days may be required to furnished the Superintendent with a statement from his/her attending physician certifying the employee's ability to return to active working status. If the employee's physician is unable to certify that the employee is able to resume his/her full and normal job duties without limitations, the attending physical shall provide the full particulars on any limitations/restrictions in place and the likely duration of such. In the event there are restrictions/limitations, a meeting will be held with the employee before a determination is made on whether the employee may/may not return to active working status. If as a result of this meeting the Superintendent determines that the employee can return to work with restrictions/limitations, the Superintendent and the employee will then work out the reasonable accommodations necessary, if possible to enable the employee to do so.
(k) The Superintendent may, in the exercise of his sole discretion, require any employee returning to active working status following the use of sick leave for then (10) or more days to be examined by a physician or physicians selected by the Superintendent for the purpose of confirming that the employee is able to return to work with our without restrictions/limitations and if the employee is able to return to work with restrictions/limitations, to work out the reasonable accommodations necessary, if possible, to enable the employee to do so.
In the event the employee's physician and the physician selected by the Superintendent do not agree, they shall jointly refer the matter to a third physician mutually acceptable to such physician who shall consider the reports of the two physician, examine the employee, if necessary, and determine the matter at issue. The determination of this third physician shall be binding on all concerned and is not subject to further appeal.
The employee is responsible for all expenses incurred from his/her physician.
The BOARD is responsible for all expenses incurred from the physician selected by the Superintendent and for the cost of the third physician.
14.02 Exhaustion of Sick Leave
(a) Employees who exhaust all sick leave they have earned or have had credited to their account as an advance or from the sick leave bank who remain sick and unable to report for work shall automatically, for up to thirty (30) days, be deemed on leave-without-pay status. During this thirty (30) day period, the employee MUST apply for appropriate leave to cover the absence from work. Failure to properly apply for appropriate leave during this thirty (30) day period is grounds for termination of the employee's contract for willful failure to return to work.
14.03 Medical/Disability Leave
(a) Upon application and formal BOARD approval, an employee shall be granted an unpaid, medical or disability leave of absence in accordance with Section 3319.13 of the Ohio Revised Code. Said leave shall be for a period of time not to exceed one (1) year from the effective date of the leave, but will be extended for an additional period or periods to a maximum of two (2) total years of medical/disability leave upon submission of appropriate disability verification. All applications for unpaid leave shall include a termination date of the leave.
(b) An employee on a school-year medical leave of absence shall verify in writing by March 15 to the Superintendent his/her desire to return to work the following school year. If the return date is in the middle of a school year, the employee shall verify to the Superintendent his/her desire to return to work within thirty (30) calendar days of the end of the leave. These timelines may be waived by mutual consent of both parties.
(c) An employee returning to work following an approved medical/disability leave of absence must furnish the Superintendent with a statement from his/her attending physician certifying the employee's ability to return to active working status. lf the employee's physician is unable to certify that the employee is able to resume his/her full and normal job duties without limitations, the attending physician shall provide the full particulars on any limitations/restrictions in place and the likely duration of such. In the event there are restrictions/limitations, a meeting will be held with the employee before a determination is made on whether the employee may/may not return to active working status. If as a result of this meeting the Superintendent determines that the employee can return to work with restrictions/limitations, the Superintendent and the employee will then work out the reasonable accommodations necessary, if possible, to enable the employee to do so.
(d) The Superintendent may, in the exercise of his sole discretion, require any employee desiring to return to active working status to be examined by a physician or physicians selected by the Superintendent for the purpose of confirming that the employee is able to return to work with or without restrictions/limitations and if the employee is able to return to work with restrictions/limitations, to work out the reasonable accommodations necessary, if possible, to enable the employee to do so.
In the event the employee's physician and the physician selected by the Superintendent do not agree on any matter, they shall jointly refer the matter to a third physician mutually acceptable to such physicians who shall consider the reports of the two physicians, examine the employee, if necessary, and determine the matter at issue. The determination of this third physician shall be binding on all concerned and is not subject to further appeal.
The employee is responsible for all expenses incurred from his/her physician.
The BOARD is responsible for all expenses incurred from the physician selected by the Superintendent and for the cost of the third physician.
14.04 Sick Leave Bank (S.L.B.)
(a) Purpose:
To load additional days of sick leave to employees who experience personal accidental injury, surgery or serious illness and have used up all personal sick leave days.
(b) Provisions of Eligibility:
(1) All employees shall be eligible to be members of the S.L.B.
(2) At the start of each school year, each employee will receive a written notice of the open enrollment period which will provide an opportunity to enroll in the bank between September 1 and October 1. Initial membership will consist of one (1) day sick leave, to be deducted from the employee's sick leave accumulation and be transferred to the S.L.B. prior to October 1. Each employee will receive a notice of receipt indicated his/her participation in the program. Any unused days in the Bank will carry over to the next year.
(3) Membership shall be continuous unless canceled, in writing, to the Treasurer's Office during the period of September 1 through October 1.
(4) If 50 participants are not enrolled by October 1st, the bank will not be established for that school year.
(c) Operational Procedures:
(1) Loans will be limited to participating employees for use only in cases of the employee's own, the employee's spouse or dependent child's personal illness, injury or non-elective surgery occurrence under unusual, severe or emergency conditions, as determined by the S.L.B. Board. Normal pregnancy is not an unusual, sever or emergency condition.
(2) Applications for loans from the Sick Leave Bank must be made on the Employee Application for Sick Leave Bank Form (Appendix B). A Physician's Statement (Appendix C) is required with each application in order to be considered for a loan.
(3) A loan will be considered only after the individual has used all of his/her accumulated sick leave days, has used all possible advances of sick leave days and is not eligible for disability leave under the Ohio State Teacher Retirement System.
(d) Sick Leave Bank Board
The Sick Leave Loan Bank is to be regulated by a Board consisting of two (2) teachers to be selected by the ASSOCIATION, one of whom will be co-chairman and a permanent member; and two (2) administrators to be selected by the Superintendent, one of whom shall be a co-chairman and a permanent member. A physical shall be asked to volunteer as an advisor to the Board, as needed. One (1) employee and one (1) administrator shall be appointed to three (3) year terms.
(e) Loan and Payback Procedures
(1) The maximum number of days that a member may borrow is ten percent (10%) of the total days in the bank at the end of the enrollment period (October 1).
(2) The member who borrows days will pay back the days at the rate of fifty percent (50%) of his/her annual accumulated sick leave at the and of the salary contract year, each year until the total number of days borrowed has been restored to the bank. Provided, int he event of a member who owes days to the bank ceases for any reason to earn sick leave days (i.e., retirement, resignation, permanent disability or death), any days of sick leave at that time to the credit of such member after first repaying days and advanced shall be used to repay the bank before any sick leave days are cashed in for severance pay purposes.
(f) Policy Procedures:
(1) In consideration of the benefits of participating in the S.L.B., each applicant of membership in the Bank and for benefits from the Bank shall, as a condition to such application, agree in writing as follows "I specifically acknowledge and agree that the granting of days from the S.L.B. shall be at the sole discretion of the S.L.B. Board. All decisions of the S.L.B. Board will be final and binding and are not subject to grievance. I further agree to abide by such decision and to indemnify and hold harmless the Springboro Community City School District, the Springboro Education Association, the S.L.B. Board, and al of their agents for any loss they may sustain as a result of any claim or legal proceedings I may bring against any of them respect to a decision made by any of them concerning this application."
(2) Application for the S.L.B. days must be made to the Superintendent.
(3) The S.L.B. Board shall meet and render a decision within ten (10) days of receipt of request.
(4) Unused requested days shall be returned to the S.L.B.
(5) The S.L.B. will begin with one (1) day from each contributing employee. When the fund is depleted below seventy-five (75) days, each member will be assessed one (1) additional day. The S.L.B. Board shall be responsible for notifying employees of each assessment period. Members may donate days above and beyond this requirement.
(6) Extension of additional days may be applied for in the same manner as original application.
(7) When an employee donates days to the Bank, he/she agrees to the above stated rules for administration of the Bank and agrees to abide by the stated rules.
(8) All decisions of the S.L.B. Board shall be final and binding, and are not subject to the grievance/arbitration provisions of this Agreement.
(9) These guidelines will be reviewed annually by the Sick Leave Bank Board if requested by either party.
14.05 Personal Business Days
(a) All employees will be credited with three (3) days personal business absence per year for businesses and personal reasons with the approval of the Superintendent. Such absence is not to be counted as sick leave. If personal days are unused, one day may be carried over to the next school year. Thus, the maximum number of personal days available in any one year would be four (4) days.
(b) Except in unforseen emergencies, as determined by the Superintendent, personal leave days shall not be granted on the first or last day of school, the day immediately prior to or following a school vacation or school holiday or on any in-service day or any parent-teacher conference day.
(c) If at the end of each school year an employee has any unused personal leave days, that employee may carry over one (1) day as described in paragraph (a) above or that employee may either transfer the unused personal leave to the employee's sick leave account up to the maximum accumulation allowed or cash out the unused personal days(s) at a rate of either five dollars ($85.00) per unused day. For employees who have the maximum number of six days accumulated, unused personal days (maximum of four (4) per year) may be converted to sick leave days, not to exceed ten (10) additional days. For employees who cash out the unused personal days(s), the payment shall not be considered as salary for STRS credit and will be made by separate check in a lump sum in July. An employee must inform the Treasurer in writing of his/her decision about what that employee wants to do with unused personal days by the teacher work day at the end of the school year. If an employee fails to notify the Treasurer by the date, then one personal day will be carried over to the net school year and any other unused personal days will be converted to sick leave in accordance with this paragraph.
(d) In calculating the severance pay for an employee eligible for severance pay, all accrued and unused personal days which the employee has will be automatically converted to sick leave days before severance pay is calculated.
14.06 Child Care Leave
(a) If an employee desires to take unpaid child care leave, he/she shall notify his/her Superintendent not later than two (2) months prior to the date upon which he/she plans to start the leave.
(b) The date of return for an employee granted unpaid child care leave shall coincide with the beginning of a semester, unless otherwise approved by the Superintendent. The total length of child care leave shall not exceed one (1) calendar year from the date he/she begins leave unless his/her return would coincide with the beginning of the following semester.
(c) An employee granted a child care leave shall be returned to his/her original position, if the leave is for one (1) semester or less. If the leave is for more than one (1) semester, the employee shall be returned to his/her original position, if available, or one similar, if the original position is no longer available. Employees granted a full year of absence, shall notify the District in writing by April 1, their desire to return to work the following year. It the employee fails to notify the Board of a decision to return by April 1, then the employee shall be considered to have resigned and the Board shall not have to take any action to accept such resignation.
(d) Leave granted under this section shall be deemed leave granted under the Family and Medical Leave provisions herein (Section 14.17).
14.07 Adoption Leave
(a) Any employee shall, upon request, receive an unpaid leave of absence for the adoption of a child. If the child's age is less than the amount required for enrollment in kindergarten, the leave shall be up to one school year. Otherwise, the leave shall not exceed one semester.
(b) An employee granted an adoption leave shall be returned lo the employee's original position if the leave is for one school semester or less. An employee granted an adoption leave for one school year shall be returned to the employees original position, if available, or a similar position.
(c) Leave granted under this section shall be deemed leave granted under the Family and Medical Leave provisions herein (Section 14.17).
14.08 Professional Leave
(a) An employee wishing to request professional leave shall do so on the designated District form at least ten (10) calendar days prior to the meeting or conference. Said request shall be approved or rejected by the Principal and Superintendent in advance of the meeting or conference.
(b) Attendance is limited to one employee from a department or office at any one meeting except as approved by the Superintendent. Presenters shall have priority in being granted Professional Leave provided approval is secured prior to the employee agreeing to be a presenter.
(c) Expense Reimbursement:
(1) Travel expenses shall be reimbursed at the then current IRS-approved mileage rate for reimbursement, or air tourist rates, whichever is less.
(2) Meal and lodging allowance shall be paid at a per diem rate of not more than One Hundred Twenty-five Dollars ($125.00) per day provided that receipts for all expenditures are attached to the designated reimbursement request.
(3) The meal allowance for one (1) meal during a full one day workshop shall not exceed Fifteen Dollars ($15.00) per day, provided that receipts for all expenditures are attached to the designated reimbursement request.
(4) Registration fees shall be reimbursed at the advertised conference rate. When cost of meals is included in the registration fee, no other voucher for meals will be honored.
(5) Because of budget constraints, professional meeting reimbursements may be less than the actual anticipated and/or incurred expenses. The administration shall make the employee aware of this limitation prior to the approval of the meeting.
14.09 Fulbright Teacher Exchange Leave
(a) An employee with at least (5) years of continuous employment with the Springboro Community City School District dating from the employee's most recent date of hire may, with permission of the BOARD be entitled to take a leave of absence from teaching duties with full salary and benefits for up to one (1) year to participate in Fulbright Teacher Exchange Program.
(b) Participation in the Fulbright Exchange Program shall be subject to the following conditions:
(1) The year the employee participates in the Fulbright Exchange Program shall count as a year of service in the Springboro Community City Schools.
(2) Application for permission to participate much be submitted prior to September 1 in the year preceding the year in which the leave is to be taken.
(3) The Fulbright Teacher Exchange Program must approve the employee's participation in the program and must provide an exchange replacement employee to the School District to teach in the position of Springboro employee granted the leave from assigned teaching duties at no cost to the BOARD for any wages, benefits or other expense of the provided employee.
(4) The employee, who must agree to work for the Springboro Community City School District for one (1) year following completion of the program, shall be returned to his/her same position upon return.
(5) Participation in the Exchange Program shall result in no additional cost to the District.
(6) The exchange employee shall not be deemed an employee of the School District but shall be subject to all rules, regulations and policies of the BOARD, the same as an employee who would bound by such rules, regulations and policies.
(7) If the exchange employee, for whatever reason, cannot fulfill his/her responsibilities for the term of the exchange, the Springboro employees shall return to the District at such time as the exchange employee leaves the District.
(c) No more than one (1) employee may participate in a Fulbright Teacher Exchange Program in any school year.
14.10 Job Sharing
(a) An employee who has at least three (3) years of seniority is eligible to apply for and be granted a shared teaching assignment pursuant to the conditions set forth in this program agreement.
(b) Two employees who are certified for the same position may be granted, upon the approval of the Superintendent in the exercise of his sole discretion, the opportunity to share a single full-time job assignment. Decisions of the Superintendent with regards to granting or not granting any application forjob sharing by any employees shall not be subject to review by the Board or be the subject of any grievance under the Grievance Procedure set forth in the basic Collective Bargaining Agreement between the Board and the SEA.
(c) Employees who wish to share an assignment shall submit a written application to the Superintendent which includes a plan for approval to the Superintendent no later than March 1 of the year preceding the proposed job share plan. The plan must include the following elements:
(1) The names of the employees who desire to job share.
The then current job assignments of such employees - building, grade, subject, team members if a team teaching situation, and all other relevant particulars of such
assignment.
The teaching assignment proposed for the job sharing - building, grade, subject matter, team members if a team teaching situation, and all relevant particulars of such assignment.
A statement from each Building Principal affected if the shared staff or program which is proposed is approved, indicating the position of each regarding the effect of
approving shared staffing on the educational opportunity for students.
A statement from each team member affected if the shared staffing program which is proposed is approved, indicating the position of each regarding the effect of approving the shared staffing proposal on the educational opportunity for students.
(2) That the plan shall be in effect for one (1) school year.
(3) A full description of the teaching techniques, methods and grading practices used by each employee, with a full explanation of the steps the participants will use to insure compatibility of such techniques and practices.
(4) A full description as to who shall be responsible for teaching the specific areas of the curriculum, how grades and reports shall be completed, a means for communication between both employees and the Building administration.
(d) A job sharing arrangement shall be for one (1) year increments and must receive the Superintendents approval for continuation from year to year.
(e) Should an employee, both employees or the Superintendent wish to discontinue the job sharing assignment for a subsequent school year, the employee with the greater seniority shall retain the position on a full-time basis. The employee with the less seniority shall be allowed to transfer to an open position, if any, and if there is no open position, shall be placed on a suspended contract basis due to a reduction-in~force and thereafter be permitted to exercise the rights available to an employee on reduction-in-force under the applicable provisions of the basic Collective Bargaining Agreement.
(f) Both employees shall be present for Parent-Teacher conferences.
(g) If during the course of the school year one employee is not able to continue in the job sharing assignment, the other employee must assume the full-time teaching position.
(h) Each employee shall receive a prorated salary based upon the portion of the total employee duty day worked by each employee applied to the appropriate step on the salary schedule for each employee and for the amount of time that he/she is assigned to work.
(i) Sick leave earned prior to working in a job sharing assignment or while working in thejob sharing assignment shall be earned and used based on the concept that a day is a day.
(j) If one job sharing employee is absent, the other employee may substitute for him/her and will receive his/her full daily rate of pay for such days.
(k) The Board shall pay a total of 100% of a single or family monthly premium for the Board's portion of the premium cost for physician/surgical and major medical, dental, vision and prescription drug benefit program as specified for a full-time employee in Article XVIII of the basic Collective Bargaining Agreement. If both employees desire coverage under such insurance programs, they shall, as part of their application, agree on the insurance program cost each shall be responsible for paying so that the total dollars payable by the Board will not exceed the amount the Board would have been required to pay for one full-time teaching employee.
All particulars regarding the insurance coverage to be in effect for the employees involved in the job sharing must be worked out and agreed to in advance by the employees, the ASSOCIATION, and the Superintendent.
If during the job sharing year the circumstances of either of the employees change and the opportunity to secure insurance coverage becomes necessary and is available, all concerned shall meet and work out the particulars to permit the insurance coverage to be provided at no additional total cost to the BOARD.
(l) The total amount of personal leave the employees involved in sharing a single assignment shall be eligible to receive is three (3) one»half (1/1) days each.
(m) It is specifically understood and agreed that the Superintendent will not approve any request for a shared teaching assignment unless it is demonstrated to the satisfaction of the Superintendent that approval of the application will benefit the educational opportunity for the students affected by the shared staffing if the application is approved.
14.11 Other Leaves
Days of absence authorized under this section shall be fully paid days unless otherwise stipulated in each individual leave, and shall not be deducted from sick leave accumulation.
(a) Jury duty - Absence for jury duty is permissible for any employee during the term of this Agreement. After absence for such duty, either reporting or service, the employee shall return payment received for such services less any parking expenses paid by the employee to the office of the Treasurer and at the next regular pay period receive full payment of his/her regular salary from the BOARD for the day or days of excused absence for this purpose.
(b) Military duty - All employees, who are members of the Ohio National Guard, the Ohio Defense Corps, the Ohio Naval Militia, or members of other reserve components of the armed forces of the United States, shall be granted leaves of absence and pay in accordance with the Ohio Revised Code.
(c) Court leave - In all cases where employees are subpoenaed or summoned to appear before grand jury hearings or to appear in any court in cases which are school related, except cases in which the employee has the potential to directly receive a benefit or award from the action, they shall be paid the difference between their witness fee and the normal salary for the period of absence.
(d) Justifiable Emergency - The Superintendent may authorize absences for other justifiable emergency situations. The reason for such request shall be stated in writing.
14.12 Sabbatical Leave
(a) An employee who has completed five years of service in the Springboro Community City School System may, with permission of the BOARD, be entitled to take a leave-of-absence with part pay, equal to the difference between the substitutes pay and the employee's expected salary, for one or two
semesters subject to the following restrictions:
(1) Application submitted by March 1 of the school year prior to the beginning of the leave.
(2) A plan of study in education approved by the Superintendent.
(3) Provide evidence at the conclusion of the leave that the plan was followed and credit received.
(4) Agree to work for Springboro Community Schools for one year following completion.
(5) In the event the employee does not return for one (1) year, he/she shall repay all monies expended on behalf of the employee pursuant to this section.
(b) No more than two (2) employees may be on sabbatical leave at any one time.
(c) This section is subject to all other provisions of Section 3319.131 O.R.C.
14.13 Leave for Professional Study
(a) Professional leave without pay will be granted on the basis of one (1) full semester or one (1) full year. Leave will be granted only for full-time graduate study or completion of an undergraduate degree. Earned credits must be filed with the Superintendent prior to reemployment in the Springboro Community City School System. Upon request, an extension of one (1) full year of leave may be granted.
14.14 Leave for Teaching Overseas
(a) Written requests for leave of absence without pay may be granted for exchange teaching in a foreign nation under the federal government's exchange teacher program or for overseas teaching of dependents of military personnel; leave will be for two (2) school years and may be extended for a third year.
14.15 Office In State and National Professional Organizations
(a) Upon request of the S.E.A., an employee elected to a state or national office of a bonafide professional organization at either state or national level may be granted a leave of absence without pay not to exceed two (2) years.
14.16 Absence Not Covered by Leave
(a) Any approved absence not covered by one of the leave provisions of this article shall be without pay. Each day of such unpaid leave shall be deducted from an employee's salary at the rate of 1/185th of the employee's total yearly salary for each day of absence.
14.17 Family and Medical Leave
(a) Employees who: (1) have been continuously employed for at least one (1) year; and (2) have either: (a) worked for at least 1250 hours during the twelve (12) month period immediately preceding the date when the application to take this leave is filed, or (b) were employed under a "full time" contract during the twelve (12) month period immediately preceding the date when the application to take this leave is filed, shall be eligible for "Family and Medical Leave" in accordance with the Family and Medical Leave Act, Public Law 103-3.
(b) Family and Medical Leave may be taken by employees who are temporarily unable to work due to:
(1) birth of a child where the employee is needed to care for such newborn [Child Care Leave, see Section 14.06];
(2) placement of a child with the employee for adoption or foster care [Adoption Leave, see Section 14.07];
(3) the need for the employee to care for the employee's spouse, son, daughter or parent with a serious health condition [Family Care Leave]; or
(4) serious health conditions of the employee, as defined by the U.S. Department of Labor's Regulations, that make the employee unable to perform essential functions of his/her job (with or without reasonable accommodations for the disability, if such is required) [employee disability leave]/
(c) Child Leave and Adoption Leave taken under this section as Family and Medical Leave may commence at any time during the one (1) year period following the date of birth or date of placement for adoption.
(d) No more than twelve (12) weeks of Family and Medical Leave, as such, will be granted in any twelve (12) month period commencing with the first day of usage.
(e) In the event both a husband and a wife are employed by the BOARD, the combined total Family and Medical Leave which can be granted as Child Care Leave or Adoption Leave is twelve (12) weeks in any one (1) year period.
(f) Where the necessity for this leave is foreseeable, the employee must give notice by requesting this Leave, in writing, at least thirty (30) days prior to the onset of the leave. Such written notice shall be filed with the Superintendent. In those situations where the employee is unable to give this thirty (30) day notice, notice of the request for the leave must be given at the earliest time possible, considering all the circumstances present.
When "family care leave" or employee disability leave" is forseeable, based on planned medical treatment, the employee should try to schedule such planned medical treatment during non-assigned duty time.
(g) Requests for "family care leave" must be supported by a health care provider certification verifying that a serious health condition exists and that the employee is needed to care for the family member and the estimated time needed for such care.
Requests for "employee disability leave" must be supported by a health care provider certification verifying that a serious health condition exists and a statement that the employee is unable to perform the essential functions of his/her position.
Requests for "intermittent or reduced schedule family care leave" or "reduced schedule employee disability leave" must be further supported by medical certification as to the necessary and the expected duration of the leave; and, for planned medical treatments, the dates and duration of each treatment.
(h) Employees covered by the medical insurance program set form in Article XVIII, Section 10.02(a), at the onset of a leave secured under this section may continue to participate in the program during the leave on the same terms and conditions that would have applied had no leave been taken. The premium portion payable by the employee, is any, is due on the first day of the month.
(i) Except as specifically required by other provisions of the AGREEMENT with respect to any other type of leave taken concurrently with leave taken under this Section, no other employment benefits accrue during a family and medical leave and no other paid leave benefits will be paid if such occur during a family and medical leave. The seniority of an employee on a approved family medical leave of absence shall not be broken, and the time spent on such leave shall be continued as continuous service for seniority calculation purpose.
(j) Where there is medical necessary for :intermittent leave" or "reduced schedule leave" or "family care leave" or "employee disability leave," such are available, subject to agreement between the BOARD and the employee. However, the BOARD may require the employee to transfer for during of the leave to an equivalent position that better accommodates the purposed intermittent or reduced leave schedule, if such a position exists within the employee's area(s) of certification. Employee's on an intermittent or reduced leave schedule will have their salaries reduced to reflect the hours or days missed due to such leave unless paid leave (e.g., sick leave) is otherwise payable for time off work on Family and Medical Leave under other provisions of this AGREEMENT.
(k) Employees with accrued but unusued personal days or sick leave days must use such paid leave first as part of any "family care leave" and/or "employee disability leave" taken under this Section. A request to use Family and Medical Leave under this Section shall also be depend a request to take any paid leave (e.g., sick leave, personal days) the employee is eligible to take. Approval to take Family and Medical Leave also constitutes approval to take such other leave.
(l) Employees who apply for and take a leave of absence under other sections of this Article (e.g., sick leave, medical/disability leave, child care leave or adoption leave), which leave is for a reason for which the employee would also be eligible for Family and Medical Leave under this section and/or the Family and Medical Leave Act, shall also be deemed to be on Family and Medical Leave under this section and shall be no notified by the Treasurer's office.
(m) When returning from a leave under this Section, the employee will be placed in the same position that he/she held before taking this leave. IF the employee was transferred to accommodate an intermittent leave or reduced hours leave, the employee will be returned to the position he/she held before being transferred for accommodation of the intermittent leave or reduced hours leave. If family and medical leave is taken in conjunction with child care leave, as provided for in Section 14.06 above, or adoption leave as provided for in Section 14.07 above, or medical/disability leave as provided in Section 14.03 above, the provisions of Section 14.03, 14.06 or 14.07, whichever is applicable , shall govern the return to work conditions for the employee.
(n) The provisions of Section 14.01(j) and 14.03(c) shall also be applicable to the return of an employee from employee disability leave" granted under this Section.
(o) In the event the Family and Medical Leave Act is repealed, this Section shall be null and void and have no further force and effect.
