Article 12: Leaves

Article 9: Hours of Employment

SMUHSD Teachers Association

This is not a summary of the complete contract article, but it will focus on the most relevant parts for full time teachers.  I have also attached the entire text of Article 9 to this email.

9.1.1 The regular school day is 7½ hours with a 30 min. duty free lunch and teachers will be present at least 15 min. before classes or the beginning of the school day.  It is up to the District to establish a bell schedule at each school site.

9.1.2 Teachers will be assigned 5 teaching periods per day.

9.1.3 In this section the District discussed taking a 6/5ths teaching position.  You may not be asked to do this unless the district has made every reasonable effort to hire a teacher.  There may not be more than two teachers at any school site teaching 6/5ths.   This assignment is considered temporary on a semester basis.  Teachers must have two years teaching experience to apply for a 6/5th position and the position should be made available to all qualified teachers.  Teachers who get a paid release period in their workday are excluded from this opportunity.

9.1.5  Teachers will teach 5 periods in a 7 period day with two periods off: One designated a prep period and the other “PRP” which is short for professional responsibility period- and can  be used for duties other than prep.  No more than 10 days of your PRP can be used by Admin.  The use of these periods for test supervision/or other admin needs. They should be meted out on an equitable and rotating basis.  In other words, you may be assigned some other job during your PRP like monitoring tests, but everyone should share this responsibility and you may not be assigned more than 10 of these particular period jobs per year.

9.4  Teachers are to be available for meetings and should be given advanced notice of said meetings whenever possible.

9.5 Co curricular supervision shall consider the needs of the school site, and the practices which exist at other schools.  Co-curricular supervision parameters are to be agreed upon by the Building Pres. and the Principal or their designees. 

If you are assigned to an activity that starts more than two hours after the end of school and is fee generating, you are to apply for and will get a $25 stipend for this event.  This included dances among other events.

9.8   Employees shall not leave campus during the work day unless given permission before leaving campus.  We have a sign out sheet in the front office for this purpose.

9.9  There may be disciplinary action if any of the provisions in this article are not adhered to. 

From Ann Papas (SMHS Building President)

This will address the issue of Leaves in Article 12 of our current contract.  I have also attached the entire Article 12. There are 19 subsections of this article and I will address all of them, but in short summary.  For the subsection on absences, scroll down to 12.8. It is in bold face. 

12.1.1 Employee Status After Leave: This section says that the employee who comes back after a leave will return to a position that the district directs.  

12.1.2 Responsibility for Notification of Absence: Teachers need to notify district and provide instructions for substitute by 6;30 a.m. and if you must leave during work you must notify the principal before leaving and again leave lesson plans. 

12.1.3 Responsibility for Verification of Absence: If teachers are absent due to illness more than 5 consecutive days they must have a statement from a doctor.  The district reserves the right to ask for proof of absence at any time, but they must have reasonable cause and can ask for proof after three consecutive days. You may take a leave of absence for as small as 1 hour and you will have 1/7 deducted from your leave totals.

12.2  Leave of Absence for Illness: “Sick leave” is defined as “illness, injury, medical disability, or quarantine.”  Employees are entitled to 10 days of leave for illness each school year will full pay. And these days accumulate indefinitely. 

12.2.4 Transfer of Accumulated Sick Leave: Any teacher who has been an employee of another California district for more than 1 year are entitled to transfer their previously accrued sick days to this district.  Contact Human Resources and tell them the previous district you worked for and request credit for accumulated sick leave you had when you left your previous job.

12.3  Sick Leave with Part Pay: If your absences use up your sick leave, and you must still be absent, the district will then just deduct the amount of the cost of the substitute from your daily rate of pay.

12.4 Disability Leave: If you become disabled and it is confirmed by a medical doctor, you may request disability leave.  On disability, you will not get a salary, but your job is reserved for you, when you are able to return.  You may get a leave for 1 year with possibility of renewal up to 39 months. 

12.5 Bereavement: You get 3 days of leave upon the death of any member of your immediate family- defined as mother, father, sibling, grandparents, grandchildren, children, step-parents of you or your domestic partner or spouse, along with in-laws and other relatives who live with you. Two more days are granted, for a total of 5 days, for bereavement of spouse or child (?) and if you must travel more than 300 miles.  Bereavement days are not charged against your sick leave and you get full pay.

12.6 Industrial Accident or Illness LeaveYou are eligible for leave of absence due to an accident in the classroom or associated with work and you must file a worker’s compensation claim.

12.7 Leave for Court Appearances: If you get called for jury duty or as a witness in a case, you will not lose any pay.  If you are a litigant then you will be charged sick leave.

12.8 Personal Necessity and Other Leaves: You are allowed 7 PN days per school year for all leaves except for death or serious illness of a family member.  These days are part of your total sick leave of 10 days per school year.   You may use up to 4 days of personal necessity leave for reasons of: 
  1. personal business.  
  2. accident involving you or your property
  3. religious holidays
  4. attendance at graduation ceremonies of your immediate family
  5. court appearance as a litigant
  6. to participate in activities of the school or licensed child day care facility up to 40 hours each year, not more than 8 hours per month
  7. and reasons for personal business which cannot be carried out any other time of the day other than the regular workday. 

You should seek pre-approval if possible.  The Contract talks about "Compelling Reasons" for your PN days.  There are reasons under which PN days cannot be denied, and they are the followingYou do not need to reveal personal details for the PN day request, but only general terms. In the event of a child’s illness, for example, you may still take a PN day, but pre-approval was impossible to foresee.

The remainder of this article in the contract talks about Maternity, Paternity, Child Adoption Leave (12.9),Catastrophic Leave (12.10),Military Reserve Training Leave (12.11),Sabbatical Leave 12.12 and 12.13),Personal Leave without pay for Parental and Adoption Issues (12.14 and 12.15),Status Upon Return from Leave without pay (12.16),Military Leave without pay (12.17),Job Share (12.18) and lastly,Catastrophic Leave Bank (12.19).

From Ann Papas (SMHS Building President)