ARTICLE IV – ABSENCE AND LEAVE
4.01 Authorized and Unauthorized Absence
An absence is not authorized unless it is approved by the Superintendent. Absences may be authorized only if they are specifically provided for in this Agreement and comply with the law governing such absences or if they are otherwise specifically approved by the Superintendent. Whether or not a member is compensated for an authorized absence, and the amount of any such compensation, shall be governed by the pertinent provisions of this Agreement and/or the law pertaining to such absences. The Superintendent may also authorize absences without pay in accordance with specific guidelines established for such absences.
The seven (7) paid holidays shall not be affected by absence, either paid or unpaid, immediately before or after a holiday. A member on an approved leave of absence shall not receive compensation for any paid holiday that occurs during the approved leave of absence.
4.02 Notification In Case Of Absence
All absences shall be reported in accordance with written procedures.
As soon as the necessity for absence in known, the member shall notify Substitute Services and, whenever possible, the principal or his/her designee. A twenty-four (24) hour answering system shall be used by Substitute Services.
Should an absence continue beyond a single day, the member shall notify the building (if known before 2:30 p.m.). After 2:30 p.m., the member shall follow the procedures above.
If a member fails to notify the building of a continued absence prior to 2:30 p.m., the substitute teacher shall be released, and the responsibility for substitute coverage of the class rests with the member.
4.03 Certificate of Absence
All forms used for the certification of an absence shall be compatible with the terms and provisions of this Agreement.
The member shall certify to the Superintendent the cause of the member’s absence. Such certification shall also constitute a request by the member for authorization of absence. The school office shall give to the member the appropriate form(s) to be used by the member for the certification of absence. The member shall complete and return the form(s) to the school office within one (1) work day after receipt of such forms. Failure to complete and return the form(s) in a timely manner may result in a delay in the issuance of pay.
The building principal shall sign and forward to the appropriate offices the member’s certificate of absence within one (1) work day of receipt of such certification. Approval by the Superintendent of such request shall constitute an authorization of absence for duty.
Members shall not be considered absent when on Board-sponsored/approved field trips. Members shall be responsible, however, for submitting an Attendance Variations Form for Modification of Worksite when on such field trips lasting one (1) school day or longer.
4.04 Certificate of Health
When a member has been absent for more than five (5) but less than ten (10) consecutive work days because of personal illness, a Certificate of Health (Form S-2e) shall be filed with the Department of Human Resources immediately upon the member’s return to work.
In the event that the absence is for ten (10) days or more, a Certificate of Health is to be filed at the end of each ten (10) day payroll period. Failure to file the Certificate of Health will result in delay of compensation for accumulated sick days.
The Certificate of Health shall be signed only by the member and shall list the name and address of the attending physician and the dates the physician was consulted. Nothing in this form shall be construed to waive the physician-patient privilege.
4.05 Epidemic or Other Public Calamity
Members shall be paid for all time lost when schools in which they are employed are closed owing to an epidemic or other public calamity. To be eligible for calamity day payment, a substitute must have worked in the same assignment the work day before the calamity day. Public calamities shall be determined by the State Superintendent of Public Instruction.
In the case of absence resulting from travel difficulties between the member’s local residence and his place of employment, provided these difficulties are caused by flood, storm or other uncontrollable conditions, the Superintendent shall waive the salary deduction if, in his judgment, the member has made every reasonable effort to get to his place of employment.
In case of absence due to damage or serious and immediate threat of damage to the member’s residence resulting from flood, storm or other uncontrollable conditions, the Superintendent shall waive the salary deduction if, in his judgment, such absence was imperative to the protection of property and personal safety of the member and his immediate family.
The Superintendent has the authority, under highly unusual circumstances, to declare schools closed. When the Superintendent exercises this authority, the following conditions shall prevail:
A. In the event schools are closed because of weather conditions, members are not expected to report to work. Members will be paid for time lost in accordance with State law.
B. In the event schools are closed because of public calamity (e.g., flood, tornado, storm or epidemic), members are not expected to report to work. Members will be paid for time lost in accordance with State law.
C. In the event schools are closed because of an energy shortage, members are not expected to report to work; such days are not considered work days, and a modification of the school calendar will be determined by the Board following consultation by the Superintendent with the AEA. A member is assured of his annual contract salary, with no increase in the number of annual days worked.
D. If for any reason, an entire student body is released after the school day commences, the faculty shall also be released for duty within thirty (30) minutes of the students’ departure.
4.06 Absence and Salary Increments
Annual salary increments are earned on the basis of the number of work days for which the member is paid and are granted in accordance with the table set forth in the Schedule of Salaries. The number of work days required for earning a salary increment shall not be increased by the employer except through the collective bargaining process.
4.07 Absence Covered by Sick Days
A substitute shall be provided for any member who is a teacher or librarian absent under the provisions of this section, unless the substitute list has been exhausted.
All members shall be paid regular compensation for time lost due to illness or other causes encompassed by this Agreement for not less then ten (10) days annually. This minimum benefit of ten (10) days shall become effective and available to use annually on the first day of the contract year in which the member is assigned to duty.
After a member has used the full amount of sick day credit provided either by regulations of the Board or earned by such member on the basis of service at the rate of one and one-fourth (1 ¼) days for each month of service, such member may not be lawfully paid for further absence because of illness.
A. Accumulation
Maximum annual accumulation of any employee shall be fifteen (15) days. Job sharers shall accumulate sick days at the rate of 7.5 days annually. Upon use of sick days, job sharers shall have one-half day deducted from their accumulated sick day total per day of use, and shall be paid at their half-time rate per day of use.
The maximum accumulation of unused sick days shall be 420, effective July 1, 2007, and 425 effective July 1, 2008..
Sick day credit may be retained during a leave of absence for military service. Additional sick day credit may not be earned during a leave of absence for military service except in the case of temporary military service, said service not to exceed thirty-one (31) days in any one (1) calendar year.
B. Transfer
A member who transfers from one public agency in Ohio to another shall be credited with the unused balance of his accumulated sick days. To receive such credit, a new member shall present to the Treasurer a certification from the public agency in Ohio for which he most recently worked, stating the number of days of unused sick days credited to him at the time of the termination of employment.
C. Use
Members shall be granted sick days as follows:
1. Personal illness or injury, physical disability, emergency dental care, childbirth, disability and/or complications due to pregnancy, or exposure to contagious disease which could be communicated to other employees or to school children: no limit. However, a member on sick days for these or other causes shall be paid only for the number of sick days credited to or earned by such member. Before salary payment can be made for absence because of personal illness or injury, physical disability, emergency dental care, childbirth, pregnancy, or exposure to contagious disease, the member shall submit the appropriate forms to the building principal. Absence of more than five (5) consecutive work days for the above reasons shall require the filing of the appropriate form.
2. A member shall be entitled to complete usage of accumulated sick days for serious illness or disability in the immediate family. Before payment can be made for such absence, the member shall submit the appropriate form to the building principal or his designate. If such absence extends beyond five (5) consecutive work days, the member shall also submit a Statement of Necessity for Absence (Form S-2f) stating that the member’s absence from duty is required.
3. In the event a member uses all accumulated sick days, he or she shall have the option of applying for leave under the provision of Section 4.09 of this Agreement.
4.08 Sick Day Bank
Effective with the 1991-1992 school year, a Sick Day Bank shall be established.
The purpose of the Sick Day Bank is to provide paid days for serious personal illness or family illness to contributors to the Bank who have exhausted their accumulated sick days and accrued vacation days and who are experiencing prolonged personal or family illness.
Members may enroll in the Sick Day Bank during the initial enrollment period, which shall be the month of September, 1991, or during the subsequent enrollment periods, which shall be during the month of September of each school year.
Upon enrollment, a member shall contribute one (1) of his/her accumulated sick days to the Sick Day Bank. Days contributed to the Sick Day Bank are non-returnable. Annually thereafter, members will be assessed one-half (1/2) day during the enrollment period to remain a member of the Bank, unless the Sick Bank Committee waives the assessment.
Enrollment in the Sick Day Bank shall be continuous from year to year until a member withdraws. Withdrawals are accepted only during an enrollment period and only upon written notice by the member to the Sick Day Bank Committee (SBC) of his/her intent to withdraw.
1. Sick Day Bank Committee
The Sick Day Bank Committee shall be composed as follows:
a. The Superintendent or his designee.
b. The President or his designee.
c. One (1) administrator appointed by the Superintendent.
d. Two (2) members appointed by the President.
The SBC shall review and approve or deny all applications to the Sick Day Bank. The SBC shall also determine the necessity for additional contributions to the Bank and shall notify Bank members of the need for said contributions.
The SBC shall be responsible for reporting data concerning the Sick Day Bank to the Treasurer.
Notwithstanding the provisions of #2 below, the SBC reserves the right to make decisions regarding an application to borrow days from the Bank on an individual basis. Decisions of the SBC are final.
The SBC shall review the operation of the Sick Day Bank annually, and shall make recommendations, if necessary, for modifications of the plan to the negotiating teams of the Association and the Board.
2. General Procedures
a. An application for a loan from the Sick Day Bank will be accepted only from those individuals who have contributed to the Bank. Members who are receiving a pension benefit from STRS or any other teacher retirement system are not eligible to contribute days to or borrow days from the Bank.
b. Loans will be limited to use for personal illness and serious illness in the immediate family. A doctor’s statement is required with the loan application in order for the request to be considered.
c. A loan application will be considered only after a member has used all of his/her accumulated sick days, available sick day advances and accrued vacation days.
d. Members may borrow days from the Bank in accordance with the following schedule:
Day 1 – 50 at 100% of the member’s daily rate of pay
Day 51 – 180 at 50% of the member’s daily rate of pay
For serious illness in the immediate family, members may borrow up to one-half (1/2) day for each date up to a maximum of ninety (90) dates.
e. Once qualified to borrow from the Bank, the maximum number of days a member may borrow from the Sick Day Bank shall not exceed the annual number of work days assigned to the Time Schedule for the member’s Job Code. Loans from the Sick Day Bank shall commence on the sixth consecutive day of absence for which a member has no accumulated sick days or accrued vacation days, and shall be renewed, upon request from the member and approval of the SBC, each ten (10) day payroll period.
f. After a member has borrowed fifty (50) consecutive days from the Sick Day Bank, the Sick Day Bank Committee shall review that member’s application to the committee to confer with the member’s doctor. The Committee may require the member to apply for disability under the provisions of the State Teachers Retirement System before approving additional days beyond the initial fifty (50) days.
g. Loans from the Sick Day Bank will be made only for absences under a member’s normal (principal) teaching contract. Loans will not be made for absences in programs such as summer school, extended services, Evening High School or any other part time or second position held by a member with a full time contract.
h. Days may not be borrowed from the Bank for absences due to normal pregnancies (natural or caesarian section). Utilization of the Sick Day Bank for complications arising from pregnancy or child birth may be authorized by the SBC.
i. Days may not be borrowed from the Bank for absences due to disabilities which qualify the member for Workers Compensation personal benefits, unless the member has exhausted all such benefits and his/her own accumulated sick days and accrued vacation days.
j. Whenever the total number of unloaned days in the Sick Day Bank falls below fifteen (15), the SBC may require the Sick Day Bank enrollees to donate up to one (1) additional day of their accumulated sick days to the Sick Day Bank.
k. Contributions to the Sick Day Bank shall not count against a member’s record of perfect attendance.
3. Payback Procedures
a. A member who borrows days from the Sick Day Bank shall be required to pay back the borrowed days at the rate of 1/3 of his annual sick day accrual each year until the total number of days borrowed is restored to the Bank.
b. The sick day accumulation of any member owing days to the Sick Day Bank shall not be permitted to exceed fifteen (15) days. Any days that would otherwise be accumulated beyond fifteen and in excess of the normal annual payback shall be used to restore the member’s borrowed days to the Sick Day Bank.
c. In the event a member retires with an outstanding balance owed to the Sick Day Bank, or terminates his/her employment with the Akron Public Schools, any accumulation of sick days at that time shall be used as payback days.
4.09 Absence Other Than Sick Days
A substitute shall be provided for any member who is a teacher or librarian absent under the provisions of this section unless the substitute list has been exhausted.
All members shall be paid regular compensation for absences covered under this section.
A. To Attend Meetings and Conferences
Absence of at least one (1) day per school year may be authorized by the Superintendent to permit each member to visit another school or to attend local, district, state, national and international meetings or conferences of a professional nature. Authorization for such absence shall be obtained prior to the absence by a written request to the Superintendent.
Members who attend such meetings or conferences on business of the Board shall be considered assigned to duty with full payment of salary. A member shall submit an Attendance Variations Form (S-2j) before payment of salary can be made.
When appropriations for expenses incurred in attending a professional meeting or a conference have been authorized by the Board, a member shall be reimbursed, or have his expenses paid, upon approval by the Superintendent. In cases where appropriations for such expenses have previously been made by the Board, such expenses shall be paid or reimbursed, upon approval of the Superintendent, within the limits authorized by the Board.
B. For Temporary Military Service
A member who is a member of the organized militia, or who is a member of another reserve component of the armed forces of the United States, is entitled to be absent from duty without loss of pay for such time as he is in the military service on field training or active duty for periods not to exceed thirty-one (31) days in any one (1) calendar year.
C. For Jury Service
A member who has received notice from the commissioner of jurors to serve as a juror shall present said notice to the principal or immediate supervisor upon receipt of same. The principal or immediate supervisor shall make necessary arrangement for substitute services.
A member who serves on jury duty will be paid by the Board at the member’s regular daily rate of pay. The member may retain all sums received from the court for jury duty in addition to receiving his or her full salary.
The member shall be excused according to law and established administrative practice.
D. Justifiable Absence
All full-time members shall be granted days of absence for personal business during each calendar year without loss of pay or deduction from sick days. Part-time members shall be granted a maximum of two (2) such days per year, unless both days are taken for the purpose of observing religious holidays in which case a third day of justifiable absence for the observance of a religious holiday can be requested and will be granted. Personal business is an obligation or emergency over which the member has no control and which requires immediate attention. Generally, these are limited to one (1) day per occurrence. When five (5) hours or more of travel time are required, additional time shall be granted.
Notice of such absence shall be given as far in advance as possible.
In giving such notice, or upon return to school, if the justifiable absence was for an emergency, the member shall submit the appropriate form which shall require only a check mark for items listed below.
In the case of all disputes concerning justifiable absences as to decisions made by the Personnel Office, the following special procedure shall apply. Two (2) members designated by the AEA and two (2) members designated by the Superintendent shall constitute a panel. From the panel three (3) names shall be drawn through a blind selection procedure. Those three (3) members shall decide the matter of justification for absence under this provision by a majority vote.
Emergencies
Accidents in the immediate family or affecting family property.
Travel conditions which make it impossible to report for work.
Obligations
Observance of religious holidays.
Attendance at graduation exercises beyond high school involving a member or a member of his immediate family.
Physical examination for induction for military service.
A member of the immediate family departing for service outside the continental United States, or returning from such service.
Attending a wedding involving the member or a member of his immediate family.
Attendance at ceremonies where the member or a member of his immediate family is receiving an award of major significance.
Appearance with civic, musical or drama groups on a non-paid basis.
Court appearances as litigant or witness.
Moving a personal residence.
Moving a dependent child attending college out of town.
Attending a personal retirement conference at STRS (one per career).
To attend the funeral or memorial service of a close friend.
The Superintendent may authorize Justifiable Absence for other reasons. The reason for such request shall be included in writing on the appropriate form.
E. Unrestricted Absence
Use of a day of unrestricted absence is prohibited on Parent-Teacher Conference Days and Open House except that a member may make use of a day of unrestricted absence on a Parent-Teacher Conference Day if the member has fulfilled his/her conference obligations by making eight (8) home visits before Parent-Teacher Conference Day and before requesting the day as a day of unrestricted absence. The use of a day of unrestricted absence is further limited during the month of June to a maximum per day of two (2) members per building or 10% of the total building staff, whichever is greater.
The number of members taking unrestricted absence on any one (1) day shall not exceed fifty (50). Unrestricted absence days are to be taken at a time other than immediately prior to or after a scheduled holiday and/or vacation period. To qualify for the one-hundred (100) day benefit in paragraph one (1) below, the member must first complete one (1) year of service with the Akron Public Schools.
1. For more than one hundred (100) accumulated sick days: authorization of one (1) day unrestricted absence shall be given any member with an accumulation of one hundred (100) or more sick days as of the member’s first work day each school year.
2. For absence of not more than five (5) days for the previous school year: authorization of one (1) day unrestricted absence during the current school year shall be given any member whose absence was not greater than five (5) days for the previous school year.
In lieu of the day(s) of unrestricted absence in #1 and #2 above, a member may elect:
a) Payment of $100.00 for an earned but unused day under #1 above
b) Payment of $100.00 for an earned but unused day under #2 above
c) Payment of $300.00 for earned but unused days in #1 and #2 above
The unused days referenced in paragraphs one (1) and (2) above will be paid automatically, prior to July 1st, to any member who is eligible and who worked any portion of the school year.
Members may elect in lieu of the use of, or payment for the days in #1 and #2 above to have funds available in the applicable dollar amounts for the purchase of classroom materials and supplies. Members who wish to elect this option must notify the Board by December 1 of the current school year.
Absence for unrestricted absence, jury duty, vacation, professional development (Modification of Worksite) and extended absence for personal illness (more than twenty (20) work days in succession) shall not be counted when determining a member’s eligibility for the options based on absence of no more than five (5) days in the previous school year. Modification of worksite is not considered an absence.
F. Absence for Death
For death in the member’s immediate family, three (3) days will be provided, and for death of other relative, two (2) days will be provided, except that the Superintendent may increase the number of such days in the event circumstances justify authorization of additional days of absence with pay.
G. Absence Due to Assault
Members shall be granted paid days of absence due to injury resulting from a physical assault by any person when performing his/her official duties.
The member shall be paid regular compensation for time lost due to an assault. If the absence extends beyond fifteen (15) days, the member may be required to submit to an examination by a Board-appointed physician. The examination will be conducted at Board expense. Additional time beyond the fifteen (15) days may be authorized by the Superintendent after consultation with Board-appointed physician.
To qualify for absence due to assault, the member must follow procedures outlined in Section 3.24 Assault and if medical attention is required, or if the absence extends beyond three (3) work days, submit a written physician’s statement describing the nature and anticipated duration of the disability.
Paid days granted due to assault shall not be deducted from the member’s accumulated sick days.
H. For Other Causes
Absence caused by unusual and abnormal circumstances shall be authorized by the Superintendent, if such absence is in the best interest of the member and the schools.
4.10 Leave of Absence
The Board will offer health insurance as contained herein through the last day of the month in which the leave of absence is granted to the extent permitted by law.
Members may, under conditions specified herein, be granted leaves of absence for the following purposes: illness; parental; unrestricted; dependent care; teaching outside the United States; professional study, travel, research or improvement; Peace Corps; Teacher Corps; public office; and military service.
Leaves of absence may be authorized only by the Board upon the recommendation of the Superintendent and as provided by the following rules and regulations, and within the provisions of the Ohio Revised Code governing such leaves.
For the purpose of regulations on leaves of absence, members on authorized leaves of absence shall be considered as maintaining the characteristic of continuity of service provided such leaves do not total more than two (2) years.
Full credit on the salary schedule shall be granted for authorized leaves of absence for military service; study, travel, research or professional improvement; and for teaching outside the United States or service in the Peace Corps or Teacher Corps.
Failure to report for duty following the expiration of a leave of absence, unless additional absence is authorized, may be considered by the Board as termination of contract by the member and the Board may treat such conduct as a resignation without any further need to comply with Ohio Revised Code 3319.11, 3319.16, or 3319.17.
Early Termination of Leave
Termination of a leave of absence (except those listed in 4.09A below) before its expiration date will be considered when the member submits a written request for such early termination to the Executive Director – Human Resources. If there are no vacancies at the time of the request, early termination of the leave shall be at the discretion of the Superintendent and in accordance with the needs and interests of the schools.
Members returning from leave
The Board’s responsibility for the placement of a member returning from leave is to place the teacher in the same assignment held at the time said leave commenced or an equivalent position. The following procedures operate to accomplish this:
With respect to members returning from leave, the following practices shall apply:
1. Returning for the beginning of a school year:
a. Members returning from leaves which have been taken for an entire year or years may submit their requests for reinstatement before May 15. They shall then submit a transfer request form before June 1. Their assignments for the year of return shall be based on their seniority in the same manner as member initiated transfer requests except they have a right to return to the building in which they served just prior to the leave provided the building is listed as the first choice and there is a vacancy in that building among the grade level and/or subject area requests indicated on the transfer form.
b. Members returning from leaves which began during the school year and continued through the end of the school year may submit their requests for reinstatement before May 15. They shall then be treated for purposes of staffing as if they had remained in their buildings.
c. In the event a member fails to request reinstatement prior to May 15 but does so prior to the start of the following school year, the member shall be assigned at the discretion of the Department of Human Resources after all transfers based on seniority are complete except that he shall be returned to the building and position held just prior to the leave provided there is a vacancy after the seniority based transfers are completed.
Returning during a school year:
a. When a member begins a school year on a leave or begins a leave prior to November 1 and when, at the time of requesting the leave, the member indicates an intent to seek the termination of the leave prior to the beginning of the second semester, the member’s position shall be held open for the member’s return. If the member fails to return prior to the beginning of the second semester, the member shall not have a priority right to return to the building, and the position shall be posted as a vacancy for the following school year provided it remains on the building organization.
b. When a member begins a leave after November 1, the member’s position shall be held open for the member through May 15. After May 15, the position shall be considered vacant for purposes of staffing for the following school year provided it remains on the building organization.
A. Illness Leave and Dependent Care Leave
1. Illness Leave
Eligibility
Any member who is unable to perform satisfactorily the duties of his position because of personal illness or other disability, may be granted a leave of absence without pay for the remainder of the school year or for a full school year. Such leave of absence may be renewed for an additional school year.
Application for Leave
Application for such leave shall be made at the member’s discretion. An application for renewal shall be made at least thirty (30) days before the expiration of the leave.
The application for such a leave of absence or a renewal thereof shall be accompanied by a statement from the attending physician stating the nature of the illness or disability, unless such statement is waived by the Superintendent.
Early Termination of Leave
Termination of a leave of absence before its expiration date, provided the request for termination is made in writing by the member to the Superintendent and that the request is accompanied by a statement for the attending physician recommending return to duty, shall be at the discretion of the Superintendent and in accordance with the needs and interests of the schools.
Application for Reinstatement
Application for reinstatement shall be made at least thirty (30) days before the expiration of a leave of absence for personal illness. Not less than ten (10) days before the termination of the leave, the member shall submit a written statement from the attending physician, certifying the member has been medically examined and that he is or will be able to resume his duties with the Board when the leave of absence expires. The Board may require, at Board expense, an examination by a Board-approved physician before the member is reassigned.
If the member’s leave of absence does not exceed forty-five (45) work days, the member shall return to the same assignment held at the time said leave commenced.
If the member’s leave of absence extends to more than forty-five (45) work days, the member shall return to the same assignment held at the time said leave commenced, if available; if not, to an equivalent assignment.
Unrequested Leave of Absence
If a member is unable to perform satisfactorily the duties of his position because of physical or other disability, or if the member has been absent due to personal illness following the expiration of his accumulated sick days, the Superintendent may recommend, without the request of a member, a leave of absence for a part of the school year, and renewals thereof, and the Board may grant such leave in accordance with the provisions of the law.
2. Dependent Care Leave
Eligibility
A member may be granted a leave of absence without pay for the remainder of the school year in order to care for an incapacitated member of his immediate family. Such leave may be renewed for no more than two (2) semesters.
Application
An application for dependent care leave shall be made at the member’s discretion. Said request must be accompanied with a statement from the attending physician which indicates that the member’s presence, on a full-time basis, is vital to the recovery of the individual under treatment. An application for renewal shall be made by April 15 of the school year for which the initial leave was granted.
Early Termination of Leave
Termination of a leave of absence before its expiration date, provided the request for termination is made in writing by the member and that the request is accompanied by a statement from the attending physician, recommending return to duty, shall be at the discretion of the Superintendent and in accordance with the needs and interests of the schools.
Application for Reinstatement
Application for reinstatement must be made by April 15 of the school year in which the leave has been granted.
Upon return from a leave of absence for dependent care, the member shall be returned to the same position that he held at the time said leave commenced, if available, if not, to an equivalent position.
B. Teaching Outside the United States or Service in the Peace Corps or Teacher Corps
Eligibility
Any member who has completed three (3) or more consecutive years of regular service in the Akron Public Schools immediately prior to his request for leave shall be granted a leave of absence without pay for teaching outside the United States, or for serving in the Peace Corps or Teacher Corps. A leave of absence for teaching outside the United State or for serving the Peace Corps shall be limited to two (2) school years.
Application for Leave
The application for leave for teaching outside the United States or for service in the Peace Corps or Teacher Corps must be made at least sixty (60) days prior to the beginning of such requested leave. Contractual or other evidence verifying the member’s plan for the period of the leave shall be submitted with the application.
Exchange Replacement of Member
If the proposed teaching in another school outside the United States involves an exchange and the use of a teacher from outside the Akron Public Schools as a replacement for the member on leave, such replacement shall be approved by the Superintendent before the requested leave is granted.
Notification of Intent to Return
Notification of intent to resume employment must be made at least sixty (60) days prior to the expiration of a leave of absence for teaching outside the United States or service in the Peace Corps or Teacher Corps. Supporting evidence shall be presented which specifies the beginning and termination dates of the member’s service elsewhere, and which indicates that the plans under which the leave was granted were carried out.
Reinstatement
Upon reinstatement, the member’s salary shall be the same as he would have received had the period of his leave been spent in the Akron Public School system.
C. Professional Study, Travel or Research
Eligibility For Leave Without Pay
A member who immediately prior to his request for leave has completed three (3) consecutive years as a member of the professional staff of the Akron Public Schools may be granted a leave of absence without pay for study, travel, or research for one (1) full semester or two (2) full semesters, but not longer than one (1) school year.
Application for Leave
Application for leave for professional study, travel, research or professional improvement shall be made at least sixty (60) days prior to the beginning of such requested leave. The application for such leave of absence shall be accompanied by an outline of the program of study or research to be pursued, or the scope and nature of the travel to be undertaken, or the proposals for professional improvement. It is intended that study and other proposals for professional improvement shall include a full graduate load and shall lead to the completion of a degree in the member’s field or area of professional service, if such degree, either undergraduate, or graduate is not already held. Application for leave for travel shall outline in detail the scope and nature of the travel, shall make provisions for an itinerary covering a minimum of four (4) months or eight (8) months, shall show how such travel will contribute directly to improved classroom instruction or to improved professional services by the member, and shall give reasons why such travel may not be accomplished when schools are not in session or when the member is not on duty.
Regulations Relating to Leave With Partial Pay
The number of such leaves granted per year shall be at the discretion of the Superintendent, except that no more than five (5) percent of the professional staff may be on leave for study, travel, research or professional improvement at any one time.
Leave for professional improvement may not be granted to any member more often than once for each five (5) consecutive years of service, nor may leave be granted a second time to the same individual when other members of the staff, in sufficient numbers to fill the quota for the period, have filed a request for, and are awaiting, such leave.
Upon his return from leave, a member’s salary and fringe benefits shall be the same as he would have received had the period of his leave been spent in the Akron Public Schools System.
All members shall, as a condition of approval for leave of absence for professional growth, sign a written agreement to return to service in the Akron Public Schools for a period of at least two (2) years immediately following satisfactory completion of the program for professional improvement within the specified period, or to refund the Board all the partial pay received during the period of leave. The refund requirement shall not apply in case of death of the member while on leave; in the cases of illness or injury, the obligation will be deferred until the member can resume his employment. Refund of pay received on leave may also be required if the member fails to complete satisfactorily the program of professional improvement unless such failure was beyond his control. Obligations arising under this agreement may be deferred if the member is granted a leave of absence under other provisions of these rules and regulations immediately following a leave of absence for professional improvement, or if other types of leave are granted prior to the completion of the required year of service, such deferment not to extend beyond the other types of leave plus one (1) year.
Notice of Intent to Return
Notice of intent to resume employment shall be made at least sixty (60) days prior to the expiration of a leave of absence for study, travel, research or professional improvement. The application shall be accompanied by supporting evidence or statements showing that the plan for study, travel, research or professional growth was substantially carried out.
Full credit on the salary schedule shall be granted for the time spent in approved study, travel, research or professional improvement.
D. Military Leave
Eligibility
Any member shall be granted a leave of absence to be inducted or otherwise enter military duty in accordance with the provisions of the law.
Application for Leave
The application for leave for military duty shall be made as far in advance of that duty as is feasible, but not later than the date upon which orders to report for military duty are received.
Notice of Intent to Return
Notice of intent to resume employment shall be given within ninety (90) days after discharge from the military service for which leave was granted.
Reinstatement
Upon evidence of honorable separation from military service and upon proper application for reinstatement to duty, a member shall be reemployed at the beginning of the next school semester, subject to passing a physical examination, provided such application is made not less than thirty (30) days prior to the first day of the next school semester, unless the Board waives the requirement for such thirty (30) day period, or unless the Board wishes to reassign the member at an earlier date as requested by that member.
For purposes on seniority and placement on the salary schedule, years of absence in the service of the armed forces of the United States or the auxiliaries thereof, shall be counted as though teaching service has been performed during such time.
E. Public Office
1. Upon written request, a member may be granted time off – without pay – for a maximum of thirty (30) work days per calendar year to campaign for an elected office.
2. If elected or appointed to public office, the member shall request an assessment conference with the Executive Director – Human Resources to determine the relationship between said office and responsibilities to the Board. The result of the conference and any agreement thereof shall be placed in writing.
3. A member elected or appointed to a public office—which does not permit said member to meet the terms and conditions of his/her employment—may request a leave of absence without pay for one (1) term of such elected position, or in the case of an appointed position, a maximum of two (2) years from the effective date of the appointment.
Eligibility
Any member who is appointed or elected to public office, subsequent to three (3) or more years of regular service in the Akron Public Schools immediately prior to his request for leave, and who desires to return to the employ of the Board at a future date, shall be granted a leave of absence without pay.
Application for Leave
The application shall be submitted within five (5) days after election or appointment to public office. The leave period shall be the initial term of office.
Application for Reinstatement
Application for reinstatement shall be made at least thirty (30) days prior to the expiration of the leave.
Reinstatement
In case of a member on ratio, the reinstatement may be to a position less than equivalent.
F. Parental Leave
A member anticipating the birth or adoption of a child shall be granted a parental leave of absence upon request.
Said request shall be made at least ten (10) work days prior to the requested effective date of the leave. The request shall be accompanied by a statement from an attending physician, or an official of the adoption agency, indicating the anticipated arrival of the child.
Such leave shall be for the remainder of the school year in which the child’s arrival is to occur, unless such leave is earlier terminated, as hereinafter provided. The leave may, upon the request of the member, be extended for one (1) additional school year.
Application for Reinstatement
Application for reinstatement may be made by the member at any time subsequent to the arrival of the child, and the member shall be reinstated ten (10) days after receipt of the written request to the Superintendent. If a specific building assignment is not available, the member will be returned to contract status and assigned to the Itinerant Payroll.
G. Unrestricted Leave
Members may elect to obtain a one year leave of absence without specification of the reason therefore upon submission of a request by July 10. In the event that a member so requesting a leave desires to return to employment, he shall notify the Department of Human Resources in writing prior to July 10. No member may apply for a leave of absence under this provision more than two (2) times, and no leave may be taken except upon the expiration of a five year period of continuous service. The period of such leave shall be one (1) school year. The Board shall not be obligated to purchase retirement credit for any member not returning to the employment of the Board subsequent to an unrestricted leave.
Requests to initiate, or return from, an Unrestricted Leave made after July 10 may be submitted by mutual agreement of the Superintendent and the President.
H. Family Medical Leave Act
Members with at least one year of service are entitled to a leave of up to twelve weeks under the Family Medical Leave Act (FMLA). Said leave shall not include any paid leave periods. Leaves may be taken for the birth and care of a newborn child, for the placement of a son or daughter for adoption or foster care, to care for a member of the immediate family with a serious health condition or for the member when he/she is unable to work because of a serious health condition.
Under some circumstances, employees may take FMLA leave intermittently—which means taking leave in blocks of time, or by reducing their normal weekly or daily work schedule. If FMLA leave is for birth and care or placement for adoption or foster care, use of intermittent leave is subject to the employer’s approval. FMLA leave may be taken intermittently whenever medically necessary to care for a seriously ill family member, or because the employee is seriously ill and unable to work.
Time spent on leaves under FMLA shall be unpaid. The Board, at no cost to the member, shall maintain a member’s health insurance coverage.
Members returning from leave under FMLA shall be assigned to their original position.