Principales preocupaciones sobre la profesión docente

In the following Sections 4171 through 4176, “full-time employee” refers to all full-time instructional personnel, administrators and principals, as well as all full-time non-instructional employees. The “appropriate administrator” for purposes of authorization and communication in the case of the principal is the pastor. For all other employees, the “appropriate administrator” is the principal.

4171 ABSENCE FROM SCHOOL

Full-time employees may not be absent from school premises during any school day during school hours except for emergencies, personal illness or accident, personal days, and attendance at professional in-service meetings approved by the appropriate administrator. The latter may include in-service meetings and workshops sponsored by the Archdiocese, workshops and conventions of professional organizations and visits to other educational facilities.

In the event that an administrator plans to attend an out-of-state meeting or is absent from school for an extended period, the pastor and the Department of Catholic Schools must be notified.

4172 ABSENCE DUE TO ILLNESS

Sick leave benefits detailed in 4164 apply to full-time employees, and eligible part-time employees who are absent for personal or family illness.

.1 Notification. All school employees are required to notify the appropriate administrator promptly when they must be absent from work due to personal illness or the illness of a family member. If the duration of absence can be anticipated, they must inform the administrator when they expect to return to work.

.2 Medical certification of fitness to return. Employees who are absent because of illness for thirty (30) or more consecutive days shall submit to the appropriate administrator a statement from a physician certifying that such employee is incapable of assuming his/her responsibilities and when he/she will be capable of returning to work.

.3 Family and Medical Leave. Employees who have completed at least one year of continuous service, and who have worked a minimum of 1,250 hours in the year preceding the need for Family and Medical Leave, are entitled under the Family and Medical Leave Act (FMLA) of 1993 to take up to twelve (12) work weeks in a twelve (12) month calendar year period of unpaid family leave. FMLA leave is permitted: for the birth of a child or the placement with the employee of a child for adoption or foster care;

because the employee is needed to care for a family member (child, spouse, or parent) with a serious health condition; or because the employee’s own serious health condition makes the employee unable to do his/her job. During the period of FMLA leave, the employer must retain the employee on the employer’s medical insurance plan and pay the employee’s health care premium. The employer may recoup the health care premium if the employee does not return to work when the FMLA leave expires.

Requests for Family and Medical Leave must be submitted in writing to the appropriate administrator on the appropriate forms provided by the Department of Catholic Schools to local administrators. The written request must be approved by the administrator and by the Department of Catholic Schools.

The written request for Family and Medical Leave must be accompanied by a statement

perform his/her duties because of said medical condition(s). The health care provider statement shall also indicate the date of anticipated return to work. The employee is to promptly notify the appropriate administrator during the leave of absence if there is any change in the anticipated date of return.

It is the employer’s responsibility to supply the employee with appropriate forms in a timely manner.

An employee returning to work from a Family and Medical Leave shall submit a written statement from his/her health care provider specifying any restrictions that should apply to the performance of his/her duties.

Where the necessity for the FMLA leave is foreseeable, the employee is required to provide the employer with at least thirty (30) days notice. If unforeseeable circumstances require the leave to begin in less than thirty (30) days, then the notice must be provided as soon as it is practicable.

In cases involving the serious health condition of the employee, or a member of the employee’s family, the employee must make reasonable efforts to avoid disruption of the employer’s operation.

School teachers are partially exempted because their unpaid leave may be involuntarily extended to the end of a teaching period (e.g., semester) under appropriate circumstances in order to avoid disruption of the continuity in the classroom.

.4 Medical disability leave. Full-time employees who are not eligible for Family and Medical Leave may request a medical disability leave of absence when absence due to illness or injury is expected to extend beyond the duration of earned and accumulated sick leave benefits. When paid sick leave is exhausted, the remainder of the leave shall be without pay.

Paid sick leave benefits will be reduced by the amount of State Disability or Workers’

Compensation salary continuation benefits paid to the employee. This integration of sick leave benefits will be made after the employee receives his/her SDI or Workers’

Compensation benefit. It is the employee’s responsibility to forward to the appropriate administrator a copy of his/her SDI or Workers’ Compensation benefit payment. Sick leave payments will cease once the employee exhausts his/her accrued sick leave benefits.

In cases of medical disability leave for the employee’s own serious health condition, the provisions of Section 4172.4 concerning written request for leave, health care provider certification, and integration of paid sick leave with State Disability or Workers’

Compensation salary continuation benefits apply.

.5 Medical leave for pregnancy and childbirth.

a) Employees on medical leave for pregnancy, childbirth or related medical conditions will be treated the same as employees on leave for other types of temporary medical disabilities (4172.3 and 4172.4). An employee on medical leave for pregnancy is entitled to any fringe benefits to which others with disabilities are entitled, based upon medical conditions. If an employee on a medical leave for pregnancy requests additional leave and she is no longer disabled (i.e., unable to work), but wishes to remain home with her child, the request will be considered a request for an unpaid personal leave. Personal leave cannot be extended beyond the term of the employment agreement.

b) Requests for paternity leaves or requests for a leave of absence related to adoption of a child shall be considered as requests for Family and Medical Leave (4172.3).

c) For all medical leaves for pregnancy, childbirth or related medical condition, accrued sick leave will be paid. When such sick leave is exhausted, the remainder of the leave shall be without pay.

.6 Extension of Health Insurance While On Medical Leave. Effective April 1, 1997, all regular employees of the Archdiocese covered under the Archdiocesan health insurance plans (including COBRA) who are on any authorized medical leave of absence shall have their applicable health insurance premium paid for by their employer. Said leave of absence must be authorized in writing as described in 4172.3 and ARG, Section 8, Leaves of Absence.

Extended medical insurance coverage shall commence at the time of the completion of any Family and Medical Leave taken by the employee for his/her own serious health condition, or, if the employee is not eligible for Family and Medical Leave, at the time that the medical disability leave of absence commences.

4173 LEAVES

.1 Sick leave. The annual and accumulated sick leave periods permitted under the terms of the various agreements are detailed in 4164.

.2 Personal days with pay. Full-time employees shall be entitled to three (3) personal days with pay during the school year. These days are to be used for personal or family matters that cannot be dealt with on non-working days and are to be approved by the appropriate administrator. Employees must notify the administrator two (2) school days in advance.

Personal days with pay will be deducted from accumulated sick leave days and will be granted only to those who have accumulated sick leave. Ordinarily, personal days will not be approved the day preceding or following a holiday, weekend, or vacation period except for emergencies. Unused personal days may not be accumulated and are non- compensable upon termination.

.3 Personal leaves of absence (not family leave). A full-time employee who has been employed by the school for two years may, at the discretion of the administrator, be eligible for a personal leave of absence without pay. Personal leave cannot extend beyond the term of the employment agreement. All leaves must have prior written approval of the appropriate administrator and the Department of Catholic Schools. The period of time that a full-time employee is on an approved leave of absence is not considered time worked with regard to advancement on the salary scale nor with regard to calculation of pension contributions.

.4 Bereavement leave. At the administrator’s discretion, a full-time employee will be granted paid leave to attend the funeral of a family member. This leave is not to be charged against the sick leave allowance.

a) For the death of a spouse, child, parent or legal guardian a maximum of seven (7) consecutive days.

b) For the death of a sibling, grandchild, daughter-in-law or son-in-law a maximum of five (5) consecutive days.

c) For the death of grandparents, mother-in-law or father-in-law, sister-in-law or brother-in-law, step-parent, step-sister or step-brother, aunt, uncle, niece or nephew a maximum of two (2) work days.

.5 Family and medical leave. Policy for family and medical disability leave is generally governed by the Federal Family and Medical Leave Act fully outlined in 4172.3 and ARG, Personnel Records and Policies – Leaves of Absence.

4174 JURY DUTY

On receipt of a summons to jury duty, it is the teacher’s responsibility to submit a written request to have the duty postponed to a time when school is not in session so that the educational program of the school will not be materially disrupted. A copy of the written request must be filed with the school principal within three (3) days of the first written notice to the teacher of the call to jury duty. If the postponement request is denied by the court or jury commissioner, the teacher shall receive his/her regular salary less the amount received for jury duty.

This benefit does not apply to those who do not request that jury duty either be waived or postponed as set forth above and are required to report for duty. These teachers shall receive their monthly salary less both the amount received for jury duty and the salary paid the substitute teacher who replaced them.

4175 MILITARY LEAVE

The California Military and Veterans’ Code requires employers to provide employees with a temporary leave of absence without pay while they are engaged in military duty for a period of up to seventeen (17) calendar days per year. This protection extends to employees who are members of the reserve corps of the U.S. armed forces, the National Guard or Naval Militia.

Employees who enlist or are drafted are entitled to reinstatement pursuant to Federal Law.

4176 VACATION, HOLIDAY, PERIODS OF SERVICE

Holidays and vacation periods for students listed on the school calendar are ordinarily observed by all professional personnel. The designation of the additional required teacher in-service days and days of preparation for the opening and closing of school is left to the discretion of the local administrator and should be specified in the official school calendar.

All teachers are required to observe the school’s annual calendar of teacher service days which shall include additional teacher service days for faculty orientation and in-service or curriculum meetings according to local needs and policies. If these occur prior to August 1 in the first year of service, they shall be considered as part of the agreement period.