Common use of Return to Duty After Reduction Clause in Contracts

Return to Duty After Reduction. 1. If there is a vacancy in a negotiating unit position, laid-off teachers who are certified to perform the work in question will be recalled in reverse order of lay-off, assuming they are qualified for the open position. 2. Notice of recall will be given by registered mail or personal delivery and email to the last address given to the Board by the teacher. A copy of the notice of recall will be given to the Association. If a teacher fails to respond within five (5) days after receipt of the above notice of recall, he/she will be deemed to have refused the position offered. 3. A teacher who is laid off will remain on the recall list for twenty-four (24) months after the effective date of his/her layoff unless he/she: (a) waives his/her recall rights in writing; (b) resigns; (c) fails to accept recall to the position he/she held immediately prior to layoff or to a substantially equivalent position; or (d) fails to report to work in a position that he/she has accepted within ten (10) days after receipt of the notice of recall unless he or she can provide physician’s proof of illness or injury. If a teacher has secured temporary employment elsewhere, he/she will be allowed up to fifteen (15) days additional time before being required to report to work. 4. While on layoff, a teacher will have the option to remain an active participant in fringe benefit programs by contributing thereto the amount necessary to maintain such fringe benefits. 5. A teacher who was entitled at the time of his/her layoff to unused accumulated sick and personal leave and credits toward sabbatical eligibility will have this time restored to him/her upon return to active employment and he/she will be placed on the step of the salary schedule for his/her experience and education. Up to 24 months’ time spent teaching in another district during the RIF will count. Such time will not count toward the fulfillment of time requirements for acquiring tenure.