ARTICLE 6.00 - LEAVES

"With pay and benefits", for the purposes of this entire Article, shall mean with full pay and insurance benefit contributions unless otherwise expressly provided. "Without pay and benefits" shall mean :

A leave of absence without pay and benefits will result in loss of contracted salary (both regular and TRI) determined by taking 1/182nd times that employee's pay for each such day.

A leave of absence without pay and benefits for a period longer than ten (10) work days per year will result in loss of District insurance benefit contributions determined by taking 1/182nd times that employee's annual benefit contributions for each leave day for which such contributions were not earned.

Employees on a leave without benefit contributions shall be eligible to self-pay their insurance premiums. Arrangements should be made with the Personnel Office.

Top of Page

SECTION 6.01: LEAVES OF ABSENCE WITH PAY AND BENEFITS

The following leaves of absence are with pay and benefits in accordance with the expressed provisions for each leave.

A. Annual Leave

1. Each employee will be allowed a maximum of twelve (12) days leave each year, accumulative as allowed by state law. Annual leave will be prorated for partial year and less than full-time employees on the basis of contracted days and partial FTE status, respectively. Accumulated annual leave shall be granted for:

a. Temporary Disabilities:

(1) Leave shall be granted for temporary disabilities caused by any of the following:

(a) Personal illness (mental or physical);
(b) Personal injury;
(c) Surgery; or
(d) Pregnancy, or disability arising from pregnancy. (If an employee desires leave for child care beyond the period of temporary disability, she must also apply for maternity leave, Section 6.01.A.2.b, and/or child care leave, Section 6.03A.)

(2) If the leave is expected to last longer than ten (10) working days, the following provisions shall apply:

(a) If the need for the leave can be anticipated, the employee shall notify the Assistant Superintendent of Human Services in writing as to the nature of the expected disability, the estimated beginning date and the expected duration, as verified by a qualified physician.

(b) In cases in which prior notification is not possible and the disability is immediate, the employee shall notify the Superintendent within five (5) working days of the nature of the disability and the expected duration as verified by a qualified physician.

(c) Expiration of the leave shall be when the employee's attending physician confirms the ability of the person on temporary disability leave to resume the duties of the assigned position. The District may, at its discretion and expense, have the employee examined by a physician of the District's choice.

(3) An employee may apply any accrued annual leave to the period of temporary disability leave. Leaves in excess of accrued annual leave benefits will be without pay.

b. Personal Emergencies

Emergencies are defined as personal emergencies that require the individual employee's attention and are of such a nature that prior planning is not possible.

c. Care for Ill Child or Spouse, Parent, Parent-in-law, or Grandparent of the Employee

Annual leave shall be granted to care for a child of the employee with a health condition that requires treatment or supervision, or a spouse, parent, parent-in-law, or grandparent of the employee who has a serious health condition, and/or member of the household.

2. Employees shall also be entitled to use a portion of their accumulated annual leave for the purposes outlined below:

a. Adoption

Up to thirty (30) of an employee's accumulated annual leave days per year shall be available for adoption purposes, including but not necessarily limited to completing the adoption process, court and legal procedures, home study and evaluation, required travel, and required home visitation by the adoption agency.

b. Maternity and Paternity

Up to thirty (30) of an employee's accumulated annual leave days per year shall be available for maternity or paternity purposes related to the birth of the employee's child and post partem care. Said leave shall normally be in a continuous block of days including the child's birth date, and for a female employee is intended to be implemented concurrently with any related disability leave.

c. Family Illness

Employees shall be granted up to a maximum of three (3) days of accumulated annual leave per year for severe illness within the immediate family. Except for employees' children, spouse, parent, parent-in-law, or grandparent of the employee, and/or member of the household (who are provided for in Section 6.01 A.1.c., above), immediate family shall be defined in the same manner as in Section 6.01.B., Bereavement Leave.

3. The District will implement the Employee Attendance Incentive Program provided as per current effective statute at the time of application by the employee. At the effective date of this Agreement, portions of the statute are summarized below:

a. For annual cashout

In January of the year following any year in which a minimum of sixty days of leave for illness or injury is accrued, and each January thereafter, any eligible employee may exercise an option to receive remuneration for unused leave for illness or injury accumulated in the previous year at a rate equal to one day's monetary compensation of the employee for each four full days of accrued leave for illness or injury in excess of sixty days.

b. For separation from employment

At the time of separation from school district employment an eligible employee or the employee's estate shall receive remuneration at a rate equal to one day's current monetary compensation of the employee for each four full days accrued leave for illness or injury. Eligible employee means:

(1) Employees who separate from employment due to retirement or death; or

(2) Employees who separate from employment and are at least age 55 and have at least 10 years of service under the teachers' retirement system plan 3; or

(3) Employees who separate from employment and are at least age 55 and have at least 15 years of service under the teachers' retirement system plan 2.

In lieu of remuneration for unused leave for illness or injury as provided above, by an annual vote conducted by the Association, it may be determined that equivalent funds may be contributed to a benefit plan (VEBA) that provides reimbursement for medical expenses.

4. The District will implement a leave sharing program for bargaining unit members consistent with the rules and regulations of the State of Washington.

B. Bereavement Leave

Up to five (5) days leave shall be granted in the event of each death in the immediate family and/or member of the household. For this purpose, the immediate family is defined to include: the employee's spouse, child, parent, sibling, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, aunt, uncle, niece, and nephew. In connection with the foregoing, included within each category will be kinship based on step lineage and based on legally designated foster relations who are within the immediate family and/or member of the household. At the discretion of the Superintendent, or his/her designee, an employee, upon request, may be granted leave for death of a close friend or relative not covered in the above paragraph.

C. Personal Leave

Two (2) days leave shall be granted per year for personal matters which require that the employee be absent during the regular working day. The days will be granted without requiring the employee to state any reasons for the leave beyond the term "personal."

No more than five percent (5%) of the bargaining unit may utilize personal leave on the same day. No more than two (2) personal leave days may be used during the first/last week of the school year nor the day before/after Winter break or Spring break, provided the Superintendent or designee may grant exceptions to this limitation based on unusual and extenuating circumstances. The employee shall notify and/or receive approval for the leave by 3:00 p.m. two (2) workdays prior to the leave.

Employees who do not use one (1) or both personal leave days shall have the following options:

1. To be compensated $150 for one (1) or both day(s).

2. To carry over any unused day(s) into the next school year, provided the maximum number of personal leave days an employee may have available in any year is four (4). An employee with either three (3) or four (4) personal leave days available in any year has the option of using one (1) or more days, cashing out one (1) or more unused days at the end of the year, or carrying over up to two (2) unused days into the following year.

An employee with more than one (1) unused day may elect a combination of option #1 and #2 above, e.g. an employee carrying over two (2) days may elect one (1) day to be cashed out and one (1) day to be carried over.

Using a District form, employees shall notify the District of their intent to cash out or carry over unused personal leave days. If an employee has not provided the District with said form by the close of the current school year, the District will automatically assume that any unused personal leave days are to be cashed out rather than carried over into the next year.

So long as State retirement regulations view the cash out of unused personal leave days by Plan 1 employees as excess compensation, if an employee cashes out personal leave in the final two (2) years of employment prior to retirement, such amount of "cash out" will be deducted from the employee's pay.

Personal leave for employees who are less than FTE shall have their personal leave days pro-rated based on their FTE status. The FTE status shall govern the number of leave days earned, carry over of said days, and cash out of said days.

D. Professional Leaves

1. Sabbatical Leave

Sabbatical leave shall be defined as a leave of absence granted for travel or further study for the professional improvement of the individual and for the total improvement of the teaching staff. The leave will be in effect for one (1) contract year.

(a) Qualifications of Applicant

(1) The individual must have a total of seven (7) years teaching experience with five (5) of those years in the Snohomish School District.

(2) The individual must submit a written application to the Snohomish School District Board of Directors for sabbatical leave by February 1 of the school year prior to the requested leave.

(3) The leave will be awarded by the School Board on merits of intended use.

(b) Administration

(1) There is no maximum limit on the number of applications or on the number of leaves that must be granted in a one-year period.

(2) The individual will be allowed to return to his/her previous or an improved position on the staff. Extra-curricular activities are exempt from this guarantee.

(3) Upon return to the District, the individual will resume his/her place on the salary schedule, plus any credits earned during his/her leave. He/she will not, however, receive any experience increment for the year the leave was in force.

(4) The District may define professional improvement needs and recruit qualified applicants to meet such needs via sabbatical leave, and retains the right to grant no sabbatical leaves in the years of funding insufficiencies as determined by the Board, which right and determination shall be final and not appealable in any form.

(c) Remuneration

(1) The individual will receive fifty percent (50%) of his/her current contracted salary exclusive of payment for extra-curricular activities. Full insurance benefits shall be paid.

(2) The individual will be required to sign a promissory note payable to the Snohomish School District upon termination of his/her teaching career in the Snohomish School District. The promissory note will be in the amount of his/her remuneration for the sabbatical leave.

(3) Upon return of the individual to the District and the completion of two (2) years service, the promissory note will be voided.

2. Leaves for Conferences, Workshops, and Visitations

Application for leaves to attend professional conferences, workshops, or to make school or classroom visitations should be made through the building principal. Reference should also be made to Section 5.07 herein (Professional Development).

Top of Page

SECTION 6.02: LEAVES OF ABSENCE WITH OR WITHOUT PAY AND BENEFITS

Leaves of absence in this Section may be with or without pay and benefits dependent on the express provisions below.

A. Military Leave

Every officer and employee of the state or of any county, city, or other political subdivision thereof who is a member of the Washington National Guard or of the Army, Navy, Air Force, Coast Guard, or Marine Corps Reserve of the United States shall be entitled to and shall be granted military leave of absence from such employment for a period not exceeding fifteen (15) days during each calendar year. Such leave shall be granted in order that the person may take part in active training duty in such manner and at such time as he/she may be ordered to active training duty. Such military leave of absence shall be in addition to any vacation or sick leave to which the officer or employee might be otherwise entitled, and shall not involve any loss of efficiency rating, privileges, or pay.

Military leave will be granted to personnel who are required to serve in the armed forces of the United States or the State of Washington in fulfillment of obligations incurred under selective service laws. During such a period of military duty the School District shall not be obligated for any financial reimbursement to the employee.

Military leave without pay may be granted employees entering active duty voluntarily for short periods during those times when their obligation to the school system will not be neglected.

B. Jury Duty and Subpoena

Leave of absence with pay and benefits shall be granted for jury duty. The employee shall notify the District when notification to serve on jury duty is received. Any compensation received for jury duty performed during working hours shall be reimbursed to the District business office.

Leaves of absence with pay and benefits shall be granted when an employee is subpoenaed to appear in court, provided the leave shall be without pay if the employee is a plaintiff in an action against the District. If any witness fees are paid, that amount shall be reimbursed to the District business office.

C. State/Federal Family Leave Laws

The District will apply the requirements of all applicable State and Federal family leave laws in accordance with the following:

1. In compliance with the Federal Family Medical Leave Act of 1993, the District will provide up to twelve (12) weeks of leave with paid benefits for employees with qualifying events (i.e., birth of child and care of newborn, placement of a child for adoption or foster care, care for employee's spouse, child or parent with a serious health condition, and because of a serious health condition which makes the employee unavailable to perform the functions of his/her job).

2. Unless otherwise expressly provided by law, such leave shall be considered to run concurrently with any other leave provided in this Agreement that fits the same reason for taking leave under the applicable law.

3. In the event that the FMLA is changed to the extent that rights or benefits in the contract are effected, the District and Association will negotiate changes.

Top of Page

SECTION 6.03: LEAVES OF ABSENCE WITHOUT PAY AND BENEFITS

Leaves in this Section are without pay and benefits, and will not apply toward experience for placement on the salary schedule or other related benefits.

A. Child Care Leave

An employee may be granted up to one (1) year leave of absence without pay and benefits for the purpose of child care, including care of an unborn child. The length of the leave shall be requested by the employee; beginning and ending dates should fall on quarter or semester breaks or coincide with natural breaks in the school year. Upon expiration of the leave period, the employee shall return to service unless he/she had previously resigned.

B. Extended Disability Leave

An employee who exhausts accumulated annual leave for a disability may apply for shared leave (see Section 6.01A.4.). If the employee exhausts both annual leave and any shared leave, an extended disability leave without pay and benefits shall be granted for the duration of the disability or through the school year following the exhaustion of annual and shared leave, whichever occurs sooner. The District shall have the discretion to grant additional extended disability leave based on the employee's prognosis for recovery.

C. Other Leaves

Other leaves of absence not covered by any of the leave provisions above may be granted upon the recommendation of the Superintendent and at the discretion of the Board of Directors. However, the employee retains sick leave and other rights extended by the District. Part-time, as well as full-time, leaves shall be allowed under this paragraph. Part-time leaves involve an employee working part-time, taking a leave for the other portion of the full-time job, thus protecting the right to a full-time position for the following year.

1. A leave of absence may be granted up to one (1) year.

2. Application for leave must be made to the Superintendent and approved by the Board.

3. Application for leave for the succeeding year should be made on or before March 15. The Superintendent may accept applications later than this date for valid reason.

4. The employee on leave must notify the District of his/her plan to return by April 1 of the year of the leave. Failure to do so could necessitate termination of employment.

5. The returning employee will not necessarily be assigned to the identical position or same building as occupied before the leave of absence.

Top of Page