The Board of Education shall provide for paid and unpaid leaves of absence for employees in accordance with law, Board policy, administrative regulation, collective bargaining agreements, and merit system rules, as applicable.
(cf. 4141/4241 - Collective Bargaining Agreement)
(cf. 4161.9/4261.9/4361.9 - Catastrophic Leave Program)
The Board recognizes the following justifiable reasons for employee absence:
1. Personal illness or injury
(cf. 4161.1/4361.1 - Personal Illness/Injury Leave)
(cf. 4261.1 - Personal Illness/Injury Leave)
2. Industrial accident or illness
(cf. 4161.11/4361.11 - Industrial Accident/Illness Leave)
(cf. 4261.11 - Industrial Accident/Illness Leave)
3. Family care and medical leave
(cf. 4161.8/4261.8/4361.8 - Family Care and Medical Leave)
4. Military service
(cf. 4161.5/4261.5/4361.5 - Military Leave)
5. Personal necessity and personal emergencies
(cf. 4161.2/4261.2/4361.2 - Personal Leaves)
6. Disability leave for certificated employees in accordance with Education Code 44986
7. Vacations for classified staff and certificated management staff, as applicable
8. Sabbaticals for purposes of study or training related to the employee's job duties
(cf. 4161.3 - Professional Leaves)
(cf. 4261.3 - Professional Leaves)
9. Attendance at work-related meetings and staff development opportunities
(cf. 4131 - Staff Development)
(cf. 4231 - Staff Development)
(cf. 4331 - Staff Development)
10. Compulsory leave
(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
Long-Term Leaves
With Board approval, an employee may receive a leave of absence, without pay and without accruing seniority or service credit, for a period of up to one school year. Applications for long-term leave shall be made in writing and shall state the purpose for which leave is requested. All long-term leave agreements shall be in writing and shall state the terms and conditions of the leave, including the conditions governing the employee's return.
At the end of a long-term leave, the employee shall be reinstated to a similar position as that held at the time leave was granted, unless otherwise agreed upon.
Any employee granted a long-term leave shall inform the Board as to his/her intentions of the scheduled return date within 90 days, or at such date as specified by law.
The Board shall consider any written request by an employee to return to work prior to the expiration date of the leave.
Administrative and Supervisory Personnel
Certificated administrative and supervisory employees who are not subject to the district's bargaining agreement for certificated employees shall generally be entitled to those leave provisions provided in the bargaining agreement for other certificated employees unless otherwise specified in individual contract, memorandums of understanding, Board policy, administrative regulation, or law.
Classified administrative and supervisory employees who are not subject to the district's bargaining agreement for classified employees shall generally be entitled to those leave provisions provided in the bargaining agreement for other classified employees unless otherwise specified in individual contract, memoranda of understanding, Board policy, administrative regulation, or law.
(cf. 2121 - Superintendent's Contract)
(cf. 4300 - Administrative and Supervisory Personnel)
(cf. 4312.1 - Contracts)
Management, supervisory, and confidential employees shall take their annual vacation during the year in which it is earned or the next succeeding year. However, in no event shall such accumulated vacation be carried beyond the next succeeding year. Under normal conditions, permission from the immediate supervisor should be obtained in writing to enable the individual to carry vacation leave from one year to the next.
Political Leave
Certificated management employees who are elected to the Legislature shall be granted leaves of absence without pay.
During the term of such leave of absence, the employee may be employed by the district to perform such less than full time service requiring certification qualifications, for such compensation and upon such terms and conditions as may be mutually agreed upon.
For a period of six months after the term of office of the employee expires, he/she shall be entitled to return to the position held at the time of election at the salary to which he/she would have been entitled if he/she had not taken political leave. An employee hired to take the place of a person on political leave shall not have any right to such position following the return of the employee on political leave.
Taking a political leave shall not affect in any way the classification of the employee.
An employee on political leave is requested to notify the district of the date of his/her expected return as early as possible
Legal Reference:
EDUCATION CODE
22850-22856 Pension benefits, STRS members on military leave
44018 Compensation for employees on active military duty
44036-44037 Leaves of absence for judicial and official appearances
44043.5 Catastrophic leave
44800 Effect of active military service on status of employees
44801 Leave of absence when elected to legislature
44842 Failure to provide notice or to report to work
44940 Sex offenses and narcotic offenses; compulsory leave of absence
44962-44988 Leaves of absence (certificated)
45059 Employee ordered to active military/naval duty, computation of salary
45190-45210 Leaves of absence (classified)
FAMILY CODE
297-297.5 Registered domestic partner rights, protections and benefits
GOVERNMENT CODE
3543.1 Release time for representatives of employee organizations
3543.2 Scope of representation
12945.1-12945.2 California Family Rights Act
20990-21013 Pension benefits, PERS members on military leave
LABOR CODE
230-230.2 Leaves for victims of domestic violence, sexual assault or specified felonies
230.3 Leave for emergency personnel
230.4 Leave for volunteer firefighters
230.8 Leave to visit child's school
233 Illness of child, parent, spouse or domestic partner
MILITARY AND VETERANS CODE
395.10 Leave when spouse on leave from military deployment
UNITED STATES CODE, TITLE 29
2601-2654 Family and Medical Leave Act of 1993
UNITED STATES CODE, TITLE 38
4301-4334 Uniformed Services Employment and Reemployment Rights Act of 1994
Policy CASTRO VALLEY UNIFIED SCHOOL DISTRICT
adopted: September 12, 2013 Castro Valley, California