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Sympathy for the devil: El skateboard y su relación con las instituciones estatales

CAPITULO IV: RAGE AGAINTS THE MACHINE

4.3 Sympathy for the devil: El skateboard y su relación con las instituciones estatales

The Board, in cooperation with the Association, shall maintain a Sick Leave Bank. The Association shall administer the Sick Leave Bank and establish rules for the implementation of the Bank. A copy of these rules shall be on file in the HumanResources Office, as well as in each building by request of each building representative. By November 1 of each year, the Association shall provide to the Human Resources Office the names of participating members. The Association will also update the HumanResources Office of subsequent charges against the Bank. The Association agrees to hold harmless the Board for any claim, damages, or other legal actions initiated pursuant to this section.

8.13.01 Guidelines

A. The term day in the following guidelines refers to the teacher's actual work day. For full-time teachers the day is a full work day. For part-time teachers the day is the length of their work day.

B. Any teacher who is employed at least .5 or more and who is at least a second year teacher shall participate in the Sick Leave Bank. Teachers shall deposit two (2) days into the Sick Leave Bank. A teacher may elect to not participate in the Bank by notifying the Association in writing by October 15 of the year in which they are first eligible for the Sick Leave Bank.

C. If the number of days in the bank on November 1 falls below 800, an automatic deduction of one (1) day shall be made from all participants in the Bank. If a participant does not have a sick day to contribute during the current school year, the sick leave day will be contributed at the beginning of the next school year without any lapse in Sick Leave Bank eligibility.

D. A participant may cancel membership by so indicating in writing directed to the attention of the chairperson of the Sick Leave Bank Committee. Cancellation of membership,

regardless of reason, shall mean forfeiture of any claim to contributed days and benefits of membership. A teacher who has elected not to participate in the Sick Leave Bank as a second year teacher may never join the Sick Leave Bank.

E. The intent of the Bank is to provide additional financial protection for those teachers who have exhausted their accumulated sick leave and who incur a period of personal illness or hospitalization, as verified in writing by a physician. The Sick Leave Bank shall be applicable only to teacher (not family) illness or accident, and shall not be applicable to any teacher during any unpaid leave of absence, sabbatical leave, or parental leave as per the agreement between Indian Prairie Education Association and Indian Prairie Community Unit School District 204. It remains the intent of both parties to strive to retain good attendance in the District. It is not the purpose of this Bank to provide additional days to teachers who have exhausted their accumulated sick leave and are applying for days because of common colds or some other temporary, commonplace illness.

F. Authorized withdrawals by participating teachers from the Sick Leave Bank shall be made only upon approval of the majority members of the Sick Leave Bank Committee, and their

decision shall be final. The teacher must first use all

accumulated sick days, be without salary for ten (10) school days, submit to the Sick Leave Bank Committee a doctor's certificate of illness (certifying inability to work and that the situation is a prolonged illness or hospitalization), and fill out the Association's application to use the Sick Leave Bank. The dock days shall be deducted from the teacher's paycheck over two pay periods. Recurring absences due to the same illness or disability indicated by a doctor's written verification do not

Agreement between IPEA and District 204 2012-2015 55

have to be consecutive. Each withdrawal may not be less than five (5) school days.

Withdrawals from the Bank will not be permitted if a teacher is utilizing the benefits available under the District's disability plan. The Sick Leave Bank Committee may consider an additional request in the event of a catastrophic illness.

In addition, an eligible second through fourth year teacher may utilize Bank days for the maximum listed below:

Second year teachers: Maximum of thirty (30) days Third year teachers: Maximum of sixty (60) days Fourth year teachers: Maximum of ninety (90) days Once this maximum usage in a school year is reached, a teacher must return to employment in a position (full or part- time) approved by the Administration for a period of two (2) consecutive school years with absences not exceeding

allowable benefit levels before becoming eligible for use of the Bank again. An eligible fifth year and beyond teacher may utilize Bank days for a maximum of one hundred twenty (120) school days or two (2) consecutive school years, whichever occurs first. Once this maximum usage is reached, a teacher must return to employment in a position (full or part-time) approved by the Administration for a period of two (2) consecutive school years with absences not exceeding

allowable benefit levels before becoming eligible for use of the Bank again. All teachers who were members of the Sick Leave Bank on November 15, 2009 will have the same number of usage days as eligible fifth year and beyond teachers in this contract.

Non-tenured teachers who are on Family Medical Leave and who have exhausted their allowable regular sick leave may apply to utilize the Sick Leave Bank in accordance with the above procedures. If upon completion of FMLA the non-

tenuredteacher is still in need of sick leave days from the Sick Leave Bank, he/she must be eligible (under Section 9.01) for and apply to the Board of Education for an extended medical leave of absence. Continued use of the SLB is contingent upon Board approval of the extended medical leave of absence. Continued use of the SLB will be in conformance with the SLB use provisions contained in this article.

G. Committee which shall act in all matters that concern the policies and decisions of the Sick Leave Bank. The

Association shall appoint the members of the Sick Leave Bank committee shall write its own regulations of operation covering procedures to review all requests and make such regulations available to all members of the Bank, Administration and Board. If such regulations violate school policies and/or are

not practical to carry out, as determined by the Business Office, such regulations will have to be changed by the Committee.

H. A representative of the Committee shall compile and submit a list of those teachers who elect to not participate in the bank to Human Resourcesno later than November 1 each year. They shall also report the specifics of any withdrawals to the Human Resources Office prior to the end of each school year and shall prepare and present such other reports and information that the Human Resources Office may require from time to time.

I. The Association agrees to indemnify, and save and hold harmless, the Board of Education, its employees and agents from any and all liability, costs, claims, attorneys' fees or damages suffered by the Board as a result of any litigation, arbitration, or administrative agency proceeding which might arise as a result of this Section.

J. Any dispute which arises as to the administration of this Section will not be subject to the grievance process.

K. Any member who is receiving disability benefits from the Teachers' Retirement System, the Social Security

Administration, the Veteran's Administration, or is absent for illness or injury due to a work related accident (which is compensable under the Illinois Workers' Compensation Act), may not avail himself/herself of any benefits of the Bank.

L. Any costs or labor necessary for the operation of the Bank shall be the exclusive responsibility of the Association.

M. In June of each year, the Human Resources Department will provide the Association with an accounting of the number of days in the Sick Leave Bank and the number of days utilized from the Bank.

Agreement between IPEA and District 204 2012-2015 57

ARTICLE 9

Leaves