Assault Leave Clause Samples

Assault Leave. Notwithstanding the provision of Section 3319.141 of the Ohio Revised Code, the Board will grant assault leave to covered employees absent due to physical disability resulting from assault under the following conditions: Any certificated/licensed teacher who must be absent from his or her duties due to physical disability resulting from an assault while teaching or participating in school-related activities, on or off school premises, before, during, or after school hours, provided that such assault is also directly related, attributable to, or arising out of the employment by this system of said teacher, will be paid his/her full schedule compensation for a maximum period of thirty (30) days. If permanently disabled, the teacher must apply for disability retirement and no assault leave shall be granted after such retirement has been approved. The period of such absence, as defined in this provision, shall be termed “assault leave.” Before Assault leave can be approved, the teacher shall furnish to the Superintendent a written, signed statement describing the circumstances and events surrounding the assault and the cause thereof, including the location and time of the assault, name and address of the victims and witnesses, and a description of the injuries sustained by each victim of the assault. If medical attention is required or sought the teacher shall also furnish to the Superintendent a statement of the nature of the disability and its duration, which has been signed by a physician licensed in the State of Ohio. The teacher will furnish this statement(s) within ten (10) working days of the assault. The Superintendent may extend this reporting period in an emergency. Falsification of either the written, signed statement of the event of circumstances surrounding the assault or the physician’s statement shall be grounds for suspension or termination of employment under 3319.16 ORC. Assault leave which is approved by the Superintendent shall not be charged against sick leave earned or earnable by the teacher, or leave granted under regulations adopted by the Board pursuant to 3319.08 ORC, or any other leave to which the teacher is entitled. Assault leave benefits shall not be paid if Workers’ Compensation benefits are paid to the teacher.

Assault Leave. 1. A teacher may be granted assault leave in the event that said teacher is absent due to physical disability resulting from an assault by a student or his/her parent that occurs in the course of Board employment. In no event shall assault leave extend beyond five (5) consecutive working days. Assault leave will be granted upon the bargaining unit member meeting the following conditions. a. An application for assault leave shall be on prescribed forms supplied by the administration and shall be signed by the bargaining unit member and a licensed physician of the Board choosing that attests to the teacher’s disability and expected return to work. b. Prior to the teacher’s return to work or the expiration of the assault leave the Board may have the teacher examined by a doctor of the Board choosing to decide the teacher’s fitness to return to work. c. The teacher agrees to cooperate in the prosecution and investigation of the person who assaults him/her by the local police authorities and prosecutor. d. If the teacher’s disability extends beyond the five (5) consecutive workdays provided, the teacher shall use sick leave for the remaining period of disability. If the teacher fails to use sick leave for the remainder of the period of disability, the teacher will forfeit all payment for assault leave and reimburse the Board through payroll deduction for all assault leave used. 2. If a teacher becomes permanently disabled due to an assault, he/she shall apply for disability retirement. If disability retirement is granted, assault leave benefits shall end on the effective date of his/her retirement. 3. Assault leave granted under this policy by the Superintendent shall not be charged against sick leave earned or leave granted under other leave policies adopted by the Board of Education. With respect to granting assault leave, the decision of the Superintendent is final.

Assault Leave. Since BWC compensable assaults are work related, salary continuation shall be provided as noted above as and for the assault leave. An assault is defined as a criminally punishable act by a pupil against an employee of the District causing a BWC compensable injury. This section describes additional requirements for the granting of salary continuation in assault situations. In the case of such assaults, the employee must do all of the following to remain eligible for COP: a. Furnish to the Risk Manager a signed statement describing in detail all of the facts and circumstances surrounding the assault, including, but not limited to, the location, the time, the Identity of the assailant(s), if known, and the identity of all witnesses. The employee must also submit written verification signed by the attending physician that the employee is disabled from performing normal duties, indicating the nature of the disability and probable duration as well as a statement of the employee's ability to participate in transitional or alternate duties designed to return the employee back to work. b. Cooperate fully with the Risk Manager and other public authorities in the prosecution of the assailant(s). In the event the employee requires representation by an attorney in the criminal prosecution of the assailant(s), the Board will provide an attorney to represent the employee in such matters. c. File a workers' compensation claim to be eligible for salary continuation which, if granted, will replace BWC payments that would otherwise be made during the period of salary continuation. There is no loss of seniority while on salary continuation and all insurances shall remain in effect in the case of dispute as whether the employee initiated the assault the determination by the BWC, the Industrial Commission, or a court of competent jurisdiction shall be controlling. If it is determined that salary continuation should not have been paid, the employee will be liable for a return of those funds, by payroll deduction or otherwise, at the discretion of the employer. salary continuation for assaults shall not be charged to sick leave.

Assault Leave. A. An employee who must be absent due to physical disability resulting from an unprovoked assault on such employee which occurs in the course of Board employment, on school grounds, during school hours or where required to be in attendance at a school sponsored function, shall be eligible for assault leave. Full pay status (days not charged to sick leave) under Assault Leave can be granted up to a maximum of the first five (5) days beginning with the first day of said leave. At the end of the five (5) days, the employee may use sick leave or receive workmen's compensation (if eligible for the period of the physical disability). B. Eligibility shall be determined by the Superintendent and will be based on a signed statement on the appropriate form which shall include but not be limited to the following: 1. Nature of the injury 2. Date and time of occurrence 3. Identification of the individual(s) causing the assault if known 4. Facts and circumstances surrounding the assault 5. A certification from a licensed physician describing the nature of the injury sustained causing absence. 6. If the employee is eligible for assault leave but not workmen's compensation, the Board and the employee will share the cost of the physician's examination. 7. The assaulted party and the Board agree to cooperate with each other if either decides to pursue legal action against the assaulter(s). C. If sick leave becomes exhausted, the employee may apply for additional sick leave. Whether such additional leave is granted, shall be determined solely by the Superintendent. D. Following such leave, the employee shall be returned to duty, provided their contracts have not expired, they have not resigned, or that they have not become eligible for disability retirement. Such a determination shall be made by the Superintendent based on the opinion of the employee's licensed physician. Falsification of the signed statement to determine eligibility for assault leave benefits or the physician’s certificate, is grounds for suspension or termination of employment.

Assault Leave. 1. If, in the course of employment, an employee is assaulted by a student/adult, resulting in physical injury to the employee which is severe enough to preclude the satisfactory performance of regular duties, the employee shall be granted leave for the period of incapacitation, except that the length of the leave shall be limited to five (5) days unless a doctor certifies that the incapacity will continue beyond such period. 2. This assault leave shall not be charged against any other type of leave. 3. The employee shall not qualify for assault leave except upon submission of an application justifying the granting of assault leave. If there is a physical altercation among Board employees, and it cannot be determined who initiated the altercation, no employee will be granted assault leave. If medical attention is required, the employee shall furnish a certificate from the attending physician stating the nature of the disability and its expected duration. 4. Payment of assault leave shall be at the regular rate of pay (per diem rate) in effect for such employee at the time of such assault or at the rate at which the employee may become eligible in accordance with the Agreement, less any compensation to which the employee may become eligible in accordance with the Workers’ Compensation Act of Ohio. 5. An employee who has been physically assaulted in connection with the performance of a service assignment of this Board shall notify the building principal or his/her immediate supervisor. The employee shall file a written report signed by the affected employee with the Superintendent/Designee. 6. If court action results, said employee shall be granted leave from his/her duties without loss of pay or benefits for necessary time in court. 7. An employee temporarily disabled as a result of a physical assault shall be returned to the same position held at the time of the incident or shall be transferred to the first open and available position carrying equivalent pay and equivalent duties which the employee is qualified to do, if the affected employee so desires.

Assault Leave. 1. It is recognized by the Board that in the course of performing assigned duties, acts of physical assault upon the employee may occur. It is further recognized that the Board has a responsibility to ensure that the rights of the employees are protected when such situations arise. To ensure that such employee’s rights are protected, it is necessary that the proper procedures be followed when such instances arise. Procedures to be followed: 2. An employee who has been assaulted in connection with the performance of duty shall notify his/her immediate supervisor immediately. Within twenty-four (24) hours of the incident, the employee, when physically possible, will provide his/her immediate supervisor with a written report of the incident. Such report shall be signed by the employee. 3. If an assault on an employee, which arises directly or indirectly out of his/her employment with the Board, results in the employee being unable to work, said employee shall be provided leave without loss of pay and no deduction will be made from his/her sick leave. 4. If an employee’s absence resulting from assault is covered by Workers’ Compensation or Social Security disability benefits, the Board shall provide the additional compensation that will provide said employee with the same income he/she received at the time of his/her assault. 5. An employee temporarily disabled as a result of physical assault shall be returned to the same or equivalent position as held at the time of the incident. 6. If medical attention is required, the employee must submit a statement listing the name and address of the physician, the dates of consultation, and the nature of the disability and its duration before assault leave can be approved for payment. Falsification of either a written, signed statement or a physician’s certificate shall be grounds for discipline. The Board may, at its expense, have an employee examined to determine fitness to return to work. 7. In the event that any disabling condition is anticipated to last more than twelve

Assault Leave. 6-111. (a) An employee of a county board who is absent due to physical disability that results from an assault while in the scope of board employment shall be kept on full pay status instead of sick leave during the period of absence. (b) Each county board shall establish rules and regulations for the entitlement and use of assault leave, including a requirement that an employee provide: (1) A signed statement that justifies the use of assault leave; and (2) If medical attention is required, a certificate from a licensed physician that states the nature and duration of the disability. *This is informational reference only and is not subject to the grievance process.

Assault Leave. 15.01 An employee who is absent due to the physical disability from an assault which occurs in the course of Board employment shall be entitled up to ten (10) work days of assault leave with full pay. 15.02 To qualify for assault leave, the member must furnish a signed statement on prescribed forms to justify the use of assault leave, and if medical attention is required, a statement from a licensed physician must be provided stating the nature and duration of the disability. Falsification of such statement is grounds for suspension or termination of employment.

Assault Leave. A. An employee shall be granted assault leave in the event that said employee is absent due to physical disability resulting from an assault which occurs in the course of Board employment. In no event shall assault leave extend beyond twenty (20) working days. B. An application for assault leave shall be on prescribed forms supplied by the administration and shall be signed by the employee and the licensed physician of the employee. Assault leave granted under this policy by the Superintendent shall not be charged against sick leave earned, or leave granted under other leave policies adopted by the Board of Education. C. To qualify for assault leave, in addition to the items set forth above, the employee must file a claim with the Bureau of Workers Compensation. All medical payments shall be applied for through the Bureau of Workers Compensation. If Workers Compensation benefits are granted, the amount of these benefits shall be subtracted away from the assault leave benefits (per diem rate of pay) paid by the Board of Education. D. If an employee becomes permanently disabled due to an assault, he/she shall apply for disability retirement. If disability retirement is granted, assault leave benefits shall end on the effective date of his/her retirement. E. The employee agrees to discuss the advisability of filing charges against the person who assaults him/her with the administration, local police authorities, and/or prosecutor.