13.9.1 A Unit Member who has been employed by the District for more than one year shall be granted not more than twelve (12) weeks of unpaid family medical leave within a twelve (12) month period for the following reasons:
13.9.1.1 the birth of a child or to care for a newborn child of the Unit Member;
13.9.1.2 the placement of a child with the Unit Member in connection with the adoption or foster care of a child;
13.9.1.3 to care for a child, parent or spouse who has a serious health condition; or
13.9.1.4 because of the Unit Member’s own serious health condition that makes the Unit Member unable to perform the essential functions of the Unit Member’s position.
13.9.2 For purposes of family medical leave, “spouse” includes the domestic partner of a Unit Member as defined by section 297 of the California Family Code.
13.9.3 The Unit Member’s health premium will be maintained by the District during approved family medical leave. If the Unit Member fails to return to work at the expiration of the family medical leave, the Unit Member shall reimburse the District for all health benefits paid during the family medical leave.
13.9.4 If the Unit Member’s need for family medical leave is foreseeable, the Unit Member must provide the District with reasonable advance notice.
13.9.5 A request for family medical leave for the Unit Member’s serious health condition, or for family medical leave to care for a child, spouse, or parent, who has a serious health condition, must be supported by a certification of the health care provider of the individual requiring the care.
13.9.6 Applicable unused paid leave benefits must be applied to family medical leave time before time off without pay.
13.9.7 In any case where Unit Members who are spouses are entitled to family medical leave, the aggregate number of weeks of leave to which both may be entitled may be limited to twelve (12) weeks, if leave is taken for the birth or placement for adoption or foster care of the Unit Member’s child.
13.9.8 Rights and obligations which are not specifically set forth or defined herein are contained in the U.S.
Department of Labor regulations implementing the Federal Family and Medical Leave Act (FMLA) and the California Fair Employment and Housing Commission regulations implementing the California Family Rights Act (CFRA).
13.9.9 Except as otherwise provided by the specific terms of this Agreement, the District shall have and retain the right and authority to administer such leaves consistent with law, including the adoption of policies and procedures in furtherance thereof.
37 13.10 CONDITIONS OF PAID AND UNPAID LEAVE
13.10.1 Unless specifically provided for elsewhere in this Agreement, a Unit Member on a paid leave of absence shall be entitled to return to a position in a class of employment within the bargaining unit for which the Unit Member is qualified; to receive credit for annual salary increments provided during the leave; and to receive, during the leave, all other fringe benefits, including, but not limited to, insurance and retirement benefits to the extent not prohibited by law.
13.10.2 A Unit Member on unpaid leave of absence shall be entitled to return to a position in a class of employment within the bargaining unit for which the Unit Member is qualified. During the unpaid leave of absence, the Unit Member shall have the right to contribute to and maintain insurance plans.
13.10.3 If a change is proposed from the position held prior to going on leave, the returning Unit Member is entitled to the same notice and opportunity to receive, upon request, the same review as would be afforded any Unit Member.
38 ARTICLE 14 SABBATICAL LEAVES 14.1 PURPOSE OF SABBATICAL LEAVE
The purpose of sabbatical leaves is to provide Unit Members with the opportunity to pursue educational activities which will enhance their professional growth and enrichment and contribute to the improvement of the instructional services and programs of the District. Sabbatical leaves may be granted for one of, or a combination of, the following activities:
14.1.1 Education Advancement
14.1.1.1 Educational advancement sabbaticals are intended to allow Unit Members to pursue either continuing education in a discipline in which the Unit Member is currently performing service, or to pursue education in another discipline to gain knowledge and skills that will benefit the Unit Member and the District.
14.1.1.2 Educational advancement is the upgrading and/or acquisition of knowledge and skills through academic or vocational preparation, defined as follows:
14.1.1.2.1 Academic Preparation involves formal classroom instruction, internship, or other formal preparatory methods.
14.1.1.2.2 Vocational Preparation involves occupational training, programs, seminars, internship, reentry occupational employment, or other appropriate educational pursuits.
14.1.1.3 A proposal for an education advancement sabbatical must provide for a full program of instructional work.
14.1.2 Research
14.1.2.1 Research sabbaticals are intended to allow Unit Members the opportunity to pursue research in the discipline in which the Unit Member is currently performing service within the District, or for the purpose of advancing or exploring matters pertaining to instructional or institutional development.
14.1.2.2 A proposal for a research sabbatical must provide for a program of research activities equivalent in time to that of a full-time study program. The research sabbatical must result in a formal presentation of the research.
14.1.3 Travel Study
14.1.3.1 Travel study sabbaticals are intended to allow Unit Members the opportunity to gain access to information, people, experiences, and materials which will benefit the Unit Member, students, and the District.
14.1.3.2 A proposal for a travel study sabbatical must provide for a program of activities which devotes the majority of the time during the sabbatical leave to specific travel study visits.
The proposal must include a detailed itinerary which specifies all of the following:
14.1.3.2.1 the places to be visited;
14.1.3.2.2 the approximate dates of arrival and departure for each visit;
14.1.3.2.3 the specific reasons for travel to each location.
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14.1.3.3 The travel study sabbatical must result in a formal presentation of the observations and findings.