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SUBFINDER
Professional Agreement Between
The Lincoln Public Schools and The Lincoln Education Association
2006 - 2008
| Table
of Contents | Article
I - Recognition | Article
II - Association Rights and Privileges | Article
III - Negotiations Procedures |
| Article IV - Grievance Procedure | Article
V - Conditions of Employment | Article
VI - Changes in Placement |
|
Article VII - Professional Appraisal | Article
VIII - Leaves from Duty | Article
IX - Compensation | Article
X - Incentive Pay |
| Article XI - Mileage Reimbursement | Article
XII - Fringe Benefits | Article
XIII - Part-Time Employees | Article XIV - Professional Committee |
| Appendix A - 2006-2007 and 2007-2008Salary Schedules |
Appendix B - Grievance Form | Appendix C - Pay Dates for 2006-2007 and 2007-2008 |
ARTICLE VIII
LEAVES FROM DUTY
8-1 Selection of Annual Leave Options
This agreement gives employees the opportunity to choose between two annual leave plans. Option A described in section A below is the same language found in the 1993-95 Professional Agreement. Option B is a new plan described in section B below.
Within the first thirty (30) days of employment, new certificated employees shall choose between annual leave options A and B described below. Once the choice of the annual leave option has been made, the employee may not change options except an employee may move from Option A to Option B during the first 30 contract days of each school year.
If neither option has been selected by a new certificated employee at the end of the thirty-day leave option window, said employee shall be considered an Option B employee.
For purposes of reimbursement at time of employee separation from the school district, days accumulated under the respective options (Option A or Option B) shall remain that type of day. Current employees who chose Option B during the 1995-96 leave option window converted all existing accumulated leave to Option B days. The ability to convert all accumulated leave to Option B days was a one time opportunity.
A. Fourteen Day Annual Leave Plan (Option A)
Full-time certificated employees shall receive fourteen
(14) days or 98 hours of paid annual leave each year cumulative
to the number of days/hours in the certificated employee’s
contract. Part-time employees receive a prorated amount.
1. Annual leave must be used for illness or medical disability during the course of the contract. Absence due to personal injury or accident, absence due to illness of family members residing in the same home and also children, parents, parents-in-law, and siblings not residing in the same home, and absence due to the quarantine laws of the State are interpreted as eligible for annual leave. In addition, an employee who is temporarily disabled from a medical standpoint by reason of pregnancy, childbirth, false pregnancy, termination of pregnancy and child delivery is within this provision for the period of such medical disability. Annual leave is classified as current or accumulative.
2. Two (2) annual leave days may be used for the purpose of attending to emergencies pertaining to personal or legal matters. Twenty-four hour notice, when possible, shall be given by the certificated employee to the immediate supervisor. Request for use of two annual leave days for emergencies will be made to the Associate Superintendent for Human Resources in writing, explaining the reason for the absence. The Associate Superintendent will determine if the absence qualifies for leave. The following items are typical of approved requests for emergency use of annual leave.
a. Transactions of serious personal business which cannot be arranged for at a time other than school hours. (Seeking, preparing for, or working at other employment is excluded.)
b. Legal arrangements which are related to the immediate family of the employee.
c. Compliance with a court subpoena.
d. Special examinations administered by a university for an advanced degree.
e. Extension of bereavement leave.
f. Emergencies which are beyond the control of the employee.
g. Absences of an employee resulting from mandatory pre-induction physical examination requested by the Selective Service System, the National Guard, or the Military Reserve.h. Religious observances which cannot be fulfilled prior to or after the normal school day schedule.
i. The death of a friend, relative or acquaintance, if not covered by bereavement leave.
j. Attendance at the graduation or wedding of the employee or members of the employee’s immediate family.
k. Extension of sick leave when it becomes exhausted.
l. Care for family illness.
3. Two (2) annual leave days, subject to the availability of a substitute as verified by Human Resources, may be used as special leave days at the certificated employee’s discretion without explanation. With a minimum of two (2) weeks advance notice, the special leave days may be used directly or in conjunction with unpaid leave, to extend absences before or after holidays or non-contract days. In these instances, special leave day(s) will be granted on a first come first served basis and no more than 5% (fractions rounded up) of a building level certificated staff needing a substitute may use the special leave day(s). Annual leave as special leave may not be used in the first ten (10) nor the last fifteen (15) student contact days of the school year unless the reason for use is within the criteria indicated in paragraph 2. above.
4. During the 2006-2007 school year, certificated employees who separate from the Lincoln Public Schools following twenty (20) years of employment as a certificated employee will receive one dollar ($1.00) per hour for each hour of accumulated annual leave. The accumulated annual leave will be calculated as of June 30 of the contract year in which employment is discontinued.During the 2007-2008 school year, certificated employees who separate from the Lincoln Public Schools following twenty (20) years of employment as a certificated employee will receive $16.50 per hour for each hour of accumulated annual leave. The accumulated annual leave will be calculated as of June 30 of the contract year in which employment is discontinued.
After September 1, 2006, a payment for unused accumulated Option A leave upon retirement, which meets the qualifications of the district non-elective 403 (b) plan, will be paid through a contribution to such plan subject to the annual contribution limit under Internal Revenue Code (IRC) section 415. Any amount in excess of the annual contribution limit of IRC section 415 will be paid as taxable compensation to the retiree.
B. Eleven Day Annual Leave Plan (Option B)
Full-time certificated employees shall receive eleven (11)
days (77 hours) of paid annual leave each year. Accumulation
of unused annual leave shall be unlimited. Part-time employees
receive a prorated amount. Annual leave may be used as sick
leave, discretionary leave or prearranged leave. When employees
have used all eleven (11) current leave days, they may use
accumulated leave as sick leave. In order for certificated
employees to have used all eleven (11) current leave days
for the purposes of dipping into accumulated leave, the
eleven days must have actually been utilized and an absence
taken place.
1. Annual and accumulated annual leave may be used as sick leave. Sick leave shall mean absence due to personal illness, injury or accident, absence due to illness of family members residing in the same home and also children, parents, parents-in-law and siblings not residing in the same home, and absence due to quarantine laws of the State. In addition, an employee who is temporarily disabled from a medical standpoint by reason of pregnancy, childbirth, false pregnancy, termination of pregnancy and child delivery is within this provision for the period of such medical disability. Sick leave shall not be subject to approval by the building supervisor/principal.
2. Annual leave may be used as discretionary days. Use shall be at the discretion of the employee. The employee shall not be required to provide reason for the leave. There shall be no restrictions on the use of leave beyond the established procedures for arranging for absences. Leave shall be recorded and available for use on an hourly basis.
3. Annual leave may be used for prearranged days. In the event an employee wishes to prearrange an absence for any reason other than medical reasons, the days shall be available subject to availability of substitutes and shall be granted on a first come first served basis. No more than five (5) percent (fractions rounded up) of building level certificated staff needing a substitute may use prearranged days on a given day. Prearranged annual leave shall not be used for the first ten (10) nor the last fifteen (15) student contact days of the school year. Human Resources shall have the authority to authorize use of prearranged annual leave for reasons other than illness during this period.
4. During the 2006-2007 school year, certificated employees who separate from the Lincoln Public Schools following ten (10) years of employment as a certificated employee will receive six dollars ($6.00) per hour for each hour of accumulated annual leave. The accumulated annual leave will be calculated as of June 30 of the contract year in which employment is discontinued.
During the 2007-2008 school year, certificated employees who separate from the Lincoln Public Schools following ten (10) years of employment as a certificated employee will receive $16.50 per hour for each hour of accumulated annual leave. The accumulated annual leave will be calculated as of June 30 of the contract year in which employment is discontinued.
After September 1, 2006, a payment for unused accumulated Option A leave upon retirement, which meets the qualifications of the district non-elective 403 (b) plan, will be paid through a contribution to such plan subject to the annual contribution limit under Internal Revenue Code (IRC) section 415. Any amount in excess of the annual contribution limit of IRC section 415 will be paid as taxable compensation to the retiree.
5. A certificated employee ending his/her employment with less than ten years of employment may sell up to one half of the employee’s accumulated leave at the current value per hour contained in 8-1 (B) (4) above.
6. When a certificated employee’s annual leave has all been used, accumulated leave may be used for either sick leave or the purpose of attending to emergencies pertaining to personal or legal matters. Twenty-four hour notice, when possible, shall be given by the certificated employee to the immediate supervisor. Request for use of annual leave for an emergency shall be made to the Associate Superintendent for Human Resources in writing, explaining the reason for the absence. The Associate Superintendent will determine if the absence qualifies for leave. The items typical of approved requests are listed in 8-1 (A) (2) above.
C. Additional Leave Guidelines Applying to All
Certificated Employees for Options A or B
The following guidelines apply to all certificated employees
regardless of which annual leave option they have chosen.
1. Certificated employees on continuing contract who have exhausted their accumulated leave may borrow up to eleven (11) days of the next year’s allotment. Said leave may only be used for sick leave as defined in section 8-1 (B) (1) above. If the certificated employee resigns before earning the borrowed days from the succeeding year, the certificated employee will have his/her pay reduced at the daily rate of pay before final payment is made. Should illness, however, be the reason leading to resignation or termination of the certificated employee, the certificated employee shall not be required to pay back the borrowed days.
2. Worker’s compensation salary benefits do not begin until seven (7) calendar days after the date of injury. Employees who sustain a compensable work related injury will not be docked for the work days that fall within that seven (7) calendar days. In addition, employees will not be docked for time spent receiving medical treatment related to the injury. If an employee is disabled beyond six (6) weeks, worker’s compensation benefits will be paid for the first seven (7) days. At that time, the amount paid under worker’s compensation will be deducted from the payroll check.
3. If the disability occurs during non-contract days, the employee will not receive leave pay, since no contract days were lost as a result of the disability. If the disability continues into the next contract year, annual and accumulated leave may be used.
4. If the employee requests and is granted unpaid leave, and thereafter becomes physically disabled as determined medically, annual leave pay will not be provided.
5. If a member of the immediate family is recommended for treatment through the Employee Assistance Program counselor, the employee may use accumulated leave for the duration of the prescribed treatment, but not to exceed fifteen (15) working days per incident.
6. Any employee anticipating a long-term disability is encouraged to notify the immediate supervisor and/or the Human Resources Office to assist the District in staff replacement.
At the time of adoption, an employee who adopts a child shall be allowed to use a maximum of twenty (20) days of either accumulated or sub-deduct leave. In unusual circumstances, such as, but not limited to, an adoption occurring outside of the U.S., the employee may request the use of an additional ten (10) days of either accumulated or sub-deduct leave. Such request will be made to the Associate Superintendent for Human Resources. The accumulated and sub-deduct leave may be used in any combination at the employee’s discretion.
An employee appointed to a city, county, or state committee,
board or commission, or who is serving as an officer or
on a board, excluding advisory or adjunct, in a community
organization, may request civic leave with pay on forms
provided by the Human Resources Department. Such leave will
normally be allowed by the Human Resources Department on
the approval of the Board providing the time involved does
not exceed a total of two (2) work days or fourteen (14)
hours per month.
Employees of the Lincoln Public School District are encouraged to fulfill their citizenship obligation of jury duty. Their salary will continue during time spent in jury service.
If an employee, upon reporting for jury duty in the morning, learns that he/she is dismissed from jury duty for the remainder of the day, he/she is to report to duty at his/her school and to resume duties or do additional building work as assigned for the balance of the day. When entirely dismissed from jury duty, the employee is directed to report for duty at school.
Employees may be granted sabbatical leave at the discretion of and on such terms as determined by the administration. The terms of sabbatical leaves will be the same for all employees granted sabbatical leave for the same school year.
An employee returning from sabbatical leave shall be assured of the following:
a. The right to return to their former position.
b. The option of transferring to another assignment.
c. If affected by surplus, the teacher shall be reassigned according to Article VI of the Negotiated Agreement.
d. Such employee will receive credit towards salary increment as if the employee has remained in his/her present position. The employee will not receive district paid credit during the leave toward State retirement benefits.
A total of not more than five (5) consecutive work days on full pay is allowed each employee for absence in case of death in the immediate family, defined as spouse, children, mother, father, mother-in-law, father-in-law, brother, sister, grandchildren, son-in-law and daughter-in-law, or person in the same home as part of the family for the purpose of attending the funeral or attending to matters related to the death. A total of not more than three (3) consecutive workdays on full pay is allowed for each employee for absence in case of death of other members of the family, defined as brother-in-law, sister-in-law, grandparent, aunt, uncle, niece or nephews for the purpose of attending the funeral or attending to matters related to the death.
Bereavement leave is not limited to five or three days respectively in one year, but covers each death in the immediate family which occurs during the year.
An employee shall be excused, without loss of pay, to attend funeral services of relatives and/or friends other than those listed above provided no substitute is required. If, however, a substitute must be provided, the employee will be required to pay the cost of substitute only.
8-7 Assault and/or Battery Leave
Any employee missing contract days due to injury as the result of physical assault while within the scope of his/her employment with the Lincoln Public Schools shall not have those days charged against accumulated sick leave days.
After five (5) work days, continued absence is authorized only upon recommendation of the employee’s personal physician.
a. The term “assault” and “battery” shall be defined for purposes of this section as an assault and battery inflicted within the scope of the individual’s employment. Assault is defined as the threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact; the act of putting another person in reasonable fear or apprehension of an immediate battery by means of an act amounting to an attempt or threat to commit a battery. Battery is defined as the application of force to another, resulting in harmful or offensive contact.
In the event that an employee of the Lincoln Public Schools should be subject to an assault and/or battery while within the scope of his/her employment with the Lincoln Public Schools, the employee should take the following action:
(1) The employee should immediately notify the Lincoln Police Department of the alleged assault or battery.
(2) The employee should notify the Building Principal or in the absence of the Building Principal, the Assistant Principal of the alleged assault or battery.
(3) The standard procedures for reporting accidents shall thereafter be followed.
(4) If the employee is not satisfied that the prosecuting officials are taking appropriate action with regard to the alleged incident, the employee may report the same to the Office of Business Affairs. In addition, if the employee is a member of the LEA, the employee should advise the Executive Director of the LEA of the situation. The Office of Business Affairs and, if applicable, the Executive Director of the LEA should attempt to ascertain the status of any criminal proceedings and coordinate their efforts to obtain appropriate action by the prosecuting officials.
(5) In the event that the employee wishes to take any civil action to recover his/her damages against the perpetrator of the assault or battery, this is a private legal proceeding; therefore, the employee will need to obtain his/her own legal counsel to assist the employee in presentation of such claims.
(6) Employees should recognize that the determination of what criminal proceedings will be commenced against the perpetrator of an assault or battery is the function and responsibility of either the Legal Department of the City of Lincoln or the County Attorney of Lancaster County. Neither the Board of Education nor the LEA have any standing to actually commence any such proceedings. The Board of Education and, if applicable, the LEA will, however, endeavor to assist the employee in bringing relevant information to the attention of the appropriate prosecuting officials.
The district may grant a paid leave of absence to an employee accepted as an exchange teacher. This certificated employee shall retain all tenure and other employment rights with prior position and assignment guaranteed for the subsequent year upon return to the Lincoln Public Schools. A full increment shall be granted a certificated employee on exchange for each year of exchange service. Such service shall not interrupt the employee’s seniority.
Professional leave may be granted for attendance at meetings or conferences which are directly related to the employee’s major academic areas of responsibility. The Request for Leave form must show written approval of the principal, department chairperson and/or the subject matter consultant. When assigned or requested by the District, expenses will be paid according to the District’s expense account policies.
Professional leave will be granted to a teacher subpoenaed due to the teacher’s professional responsibilities as an employee of the Lincoln Public Schools.
When no other leave may be utilized, an employee may make application for an unpaid leave. Deduction in compensation for such absence shall be made.
a. An unpaid leave of absence will not be granted beyond the balance of the school year plus one additional year. Upon application of the certificated employee, a leave maybe specifically extended by the Board beyond said period of time. Such leave of absence will specify the date of return to duty. During periods of such leave, the employee shall retain all provisions as outlined below.
(1) The right to return to the former position. In the event that the district is anticipating a surplus/RIF situation, persons returning from a one-year leave of absence will be placed in the employee pool at the building they came from, prior to surplus/RIF procedures being applied.
(2) If the employee extends the leave beyond one year, the employee shall have waived the right to return to his/her former position, and shall be considered for placement after surplused certificated employees. The employee will be placed on furlough status if no vacancy exists. Persons returning from multiple year leaves of absence will be placed in the district-wide transfer surplus pool prior to RIF based upon seniority. They will be placed or RIFed according to the reduction in force language in Article VI.
(3) Certificated employees on unpaid leave shall have the opportunity to continue health and dental coverage, as governed by COBRA regulations and the underwriting guidelines of the policies. District life insurance availability is limited to one year. The district death benefit plan is not available during unpaid leave unless the leave is for health reasons.
(4) The right to salary advancement and benefits which had been earned prior to the beginning of the leave period.
(5) In the event an employee on approved unpaid leave is employed in another school district during said leave, if such experience would be recognized for purposes of placement of new hires, said employee shall have such experience credited to them consistent with the Placement of New Hires Chart (Appendix A) for the current year should they return to active service with LPS. Nothing in this language shall be construed to deny an employee salary advancement and benefits earned under item (3) of this section.
b. Alternative Employment - A certificated employee who has five consecutive years of service may be granted a leave of absence for up to one year to accept employment elsewhere provided that supportive recommendations be secured from the immediate supervisor, consultant and the Human Resources Office and if a suitable one-year replacement can be found.
c. Legislative Leave - The employee shall notify the Board in writing of his/her name for seeking public office.
(1) If the employee wishes to campaign during working hours, a personal leave may be requested.
(2) An employee who is elected to any subdivision of Government shall be entitled to an unpaid leave of absence for the length of term of office.
d. Family Leave - Leave shall be granted because of pregnancy, childbirth, child rearing, adoption, caring for a foster child, false pregnancy, termination of pregnancy and recovery therefrom. Additionally, leave shall be granted for the purpose of caring for parents or attending to family business requiring extended absence from work.
The Lincoln Board of Education agrees to provide the Association with sixty (60) days of paid Association leave. Additional association days may be purchased on the basis of substitute deduction. The Association leave shall be only for the purpose of professional association work at the local, state or national level and all such days shall require the authorization of the Association President. Up to a full time reduction for the President or another certificated employee may be utilized by the Association by payment to the district of an amount equal to 100% of the President's or other employee's salary.
8-12 Catastrophic Illness Leave
Employees who suffer a catastrophic illness, or whose spouse suffers a catastrophic illness during the course of a contract year and whose available annual and accumulated leave has been exhausted shall be eligible for sub-deduct leave for the remainder of the contract year.
Full-time certificated tenured employees who request part-time leave of absence shall have the right to return to their former full-time position if the leave does not extend beyond one year. If the leave is extended beyond one year, the district will make a reasonable attempt to place the employee in a full-time assignment when requested to do so.
8-14 Voluntary Leave Transfer for Catastrophic Illness
The Voluntary Leave Transfer gives certificated staff the opportunity to help fellow employees by donating annual leave to employees faced with serious personal or family medical conditions that require their absence from duty for a prolonged period of time.
In order to be a leave recipient an employee must:
a. Be a member of the LEA bargaining unit.
b. Exhaust all other types of available leave with the exception of Catastrophic Illness Leave (see 8-12).
c. Provide the Associate Superintendent for Human Resources, or their designee, with written confirmation from a physician on the approved LPS form that the employee or immediate family member is suffering from a medical condition requiring the employee be absent from work. For purposes of this program, immediate family shall be defined as family members residing in the same home as well as children, parents, parents-in-law and siblings not residing in the same home.
An employee is not eligible for leave donation during the 2006-2007, 2007-2008 and 2008-2009 school years if that employee sold any leave during the 2005-2006 school year.
After the Associate Superintendent for Human Resources has approved an employee as a leave recipient, certificated staff may either donate Option A annual sick leave, emergency leave or special leave and Option B annual leave to the leave account of the recipient. (It should be noted that Federal law prohibits the donation of accumulated leave for this purpose.) Said donation shall be submitted in writing on the form provided by the Human Resources Office for this purpose.
Approved leave recipients may solicit leave donation from within their own building and/or use District or Association communication channels. In order to protect employee privacy, no solicitation of leave shall be undertaken without their prior approval.
Leave shall be requested in a block of time not greater than 33 days and not greater than the remainder of the current school year. An employee may use a maximum of 33 days of donated leave within one school year.
The donation shall be made in whole day increments and submitted in writing on the form designated by Human Resources. Leave shall be transferred in the order received and any leave remaining shall be returned to the original contributor.
Staff may make additional leave transfer requests if the illness extends beyond the original anticipated date. All leave transfer donations shall be treated as confidential.
Leave may be transferred to and from an employee in another employee group, if that group has a similar leave transfer for catastrophic illness and that group agrees to a reciprocating arrangement with the Association.
