Section 9.3.4 Clause Samples

Section 9.3.4. 47 Open jobs will be filled by the District based on the ability, qualifications, skills, experience, 48 and other relevant factors of the applicants for the job. The employee with the earliest hire date 1 shall receive preferential consideration regarding promotions within the bargaining unit and/or 2 assignment to new or open jobs within the bargaining unit when skill, ability, and qualifications 3 are equal with junior employees and/or other applicants. If the District determines that 4 seniority should not prevail, because a junior employee or other applicant possesses skill, 5 ability, and qualifications greater than a senior employee, the District shall, upon receipt of a 6 request by the affected senior employee, schedule a conference with the employee to discuss 7 the matter. Such request will be made to the Human Resources Director in writing within ten 8 (10) working days of the filling of the job. Following the conference, if so requested in writing 9 by the employee, the District shall set forth in writing within a ten (10) working day period, to 10 the senior employee, with a copy to the Association president the reason(s) why the senior 11 employee was bypassed.

Section 9.3.4. An employee adopting or receiving permanent custody of a child shall be granted an adoption 24 leave without pay for a period of up to twelve (12) weeks after de-facto custody. Such leave, 25 upon request, may be extended for a period of up to one (1) year. Adoption leave may 26 commence earlier if necessary in order to fulfill requirements for adoption. The employee shall 27 request, in writing, to Human Resources, leave at least sixty (60) days prior to the date on 28 which such leave is requested to begin.

Section 9.3.4. 38 Additional days for bereavement may be granted by the superintendent/designee. 39

Section 9.3.4. 25 Bereavement leave as noted above must include the day of the funeral or memorial service.

Section 9.3.4. The provisions of the Agreement relative to personal illness or injury will apply to pregnancy,

Section 9.3.4. 46 Unused annual leave days may be accumulated to a maximum of thirty (30) days or may be 47 cashed out at the employee’s current rate of pay at the end of the year. Only six (6) annual 48 leave days may be taken or cashed out in each contract year. The use of more than six (6) 1 annual leave days may be granted by the superintendent/designee in unusual circumstances or 2 in any situation where an employee requests unpaid leave. 4 Less than two hundred sixty (260) day employees: At retirement the total number of 5 accumulated annual leave days, when applicable to be reimbursed, will not exceed thirty (30) 6 days total during the AFC (Average Final Compensation) period, or the employee’s two highest 7 consecutive paid years. The purpose of this limitation of the number of days is to avoid 8 incurring excess compensation costs as defined by the Department of Retirement Systems.