Extended Leaves of Absence Without Compensation Clause Samples
Extended Leaves of Absence Without Compensation
Leaves of Absence Without Pay Section 13.
Leave of Absence Without Pay (a) Full or part-time leave of absence without pay may be granted at the discretion of the Employer. Faculty members may apply for job-sharing under the provision for part-time leave of absence. Applications shall be made in writing to the administrator responsible. All applications will be dealt with promptly and will not be unreasonably denied, nor dealt with in a discriminatory manner. The reply to an application for leave will be in writing. Except in the case of leaves for short-term emergencies of thirty (30) days or less, the Employer may, at its discretion, require that the length of a leave coincide with the beginning or end of a semester or term of instruction. (b) Where a leave is granted, the faculty member's performance evaluation shall be extended accordingly. (c) No salary increment is payable for a period of leave of absence without pay unless the University President, upon written request from the faculty member concerned, decides the leave is spent in the activities relevant to the University curriculum. In this case, the faculty member will receive any salary adjustments for which he/she would normally be eligible. In the event that the University President judges that the activities are not relevant to the University curriculum, he/she will advise the faculty member as to the reasons for his/her decision in writing before the leave commences. (d) No benefits shall be payable by the Employer for faculty members on leave without pay, except as provided in this Agreement. For faculty members on part- time leave without pay, benefit premiums shall be payable by the Employer on a pro rata basis. If a faculty member proceeding on leave without pay makes a prior payment to the Employer of both the faculty member's share and the Employer's share (pro- rated, if applicable) of any or all of the following benefits, the Employer shall remit these payments to ensure continuous coverage: Life Insurance, Medical Services Plan of BC, Extended Health, Dental, Short and Long Term Disability and AD&D. (e) For leaves of longer than four (4) months, the faculty member, no later than four
EXTENDED LEAVES OF ABSENCE 22.1 LEAVES WITHOUT PAY 22.1.1 Upon submission of the proper leave of absence form to the Human Resources Division, any post-probationary employee may request, upon showing good and sufficient reasons, a leave of absence without pay for one (1) year or more. Such leaves are subject to the approval of the Area Superintendent or Assistant Superintendent, Human Resources upon notification of the principal/supervisor. Leaves of less than one (1) year may be approved by the Area Superintendent or Assistant Superintendent, Human Resources. Applications for leaves of absence shall be submitted no later than April 1. In extenuating circumstances, applications submitted after April 1 may be approved by the Area Superintendent or Assistant Superintendent, Human Resources. (2007) 22.1.2 Written notice must be filed with the Human Resources Division by March 1 of the year in which leave is effective, stating whether or not the employee plans to return. Failure to give such notice will automatically forfeit the right of the employee to return. The Area Superintendent or Assistant Superintendent, Human Resources may, at his/her discretion, approve the leave for an additional period of up to twelve (12) calendar months if unusual or extenuating circumstances are demonstrated. (2001) 22.1.3 The request to extend the leave of absence must be made not later than March 1 of the year in which the leave is effective. After March 1, in cases of extreme emergency, a leave may be extended with approval of the Area Superintendent or Assistant Superintendent, Human Resources. (2001) 22.1.4 Employees granted a leave of absence will return to duty at the same status on the salary schedule, unless the employee has qualified for advancement, as shown at the date leave was granted. He/she shall also be credited with the unused sick leave accumulated at the time the leave of absence was granted. Upon return from a leave of absence of one (1) year or less, every effort shall be made to place the returning employee in the same building, grade or position. (2001) 22.1.5 Should a leave of absence extend beyond one (1) year, the employee’s position at the site may be filled with a standard contract. While every effort shall be made to place the returning employee in the same building, grade or position, if this is not possible, the employee shall be entitled, upon return from the leave, to a position for which he/she is qualified to teach. The employee shall have the opportunity to transfer, and if that does not occur, will be placed with overages. At the time of the approval of the leave, the District shall inform the employee whether his/her position will be filled with a standard contract or a one-year-only, at which time the employee may rescind his/her request for the extended leave. (2001) 22.1.6 Any leave without pay which would result in a gross monthly pay of no less than one-half its usual amount will be deducted from pay in the next pay period. An unpaid leave of absence which, if deducted in one pay period, would result in a gross monthly pay of less than one-half, will be treated as a contract payoff for the time worked prior to the leave of absence. The employee will be in an unpaid status for the remainder of the period of leave of absence. Upon return from leave of absence, the remaining days to be worked will be calculated, and monthly pay for the remainder of the year will be established. (2003)
Maternity Leave Without Pay (1) An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than eighteen (18) weeks after the termination date of pregnancy. (a) Notwithstanding 35.7(A)(1): (i) where the employee’s new-born child is hospitalized within the period defined in 35.7(A)(1); and (ii) where the employee has proceeded on maternity leave without pay and then, upon request and with the concurrence of the Council, returns to work for all or part of the period during which her new- born child is hospitalized; the period of maternity leave without pay defined in 35.7(A)(1) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child’s hospitalization during which the employee returned to work, to a maximum of eighteen (18) weeks. (b) The extension described in 35.7(A)(1)(a) shall end not later than fifty-two (52) weeks after the termination date of pregnancy. (2) At its discretion, the Council may require an employee to submit a medical certificate certifying pregnancy. (3) An employee who has not commenced maternity leave without pay may elect to: (a) use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates; (b) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in the Sick Leave Article. For purposes of this clause, illness or injury as defined in the Sick Leave Article shall include medical disability related to pregnancy. (B) An employee shall inform the Council in writing of her plans for taking leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of pregnancy is expected to occur. (C) Leave granted under this clause shall be counted for the calculation of “continuous employment” or “service” as applicable for the purpose of calculating severance pay and vacation leave. Time spent on such leave shall be counted for pay increment purposes.
Leaves of Absence With Pay Section 14.