AFSCME 2005-2008 Contract

ARTICLE 11 - LEAVE

Section 1. Sick Leave

A. A full-time employee shall accumulate sick leave with pay credits at the rate of 9.375 hours for Unit members in Unit I and 10 hours for Unit members in Unit II for each full month of employment. The annual total shall be 112.50 hours for Unit members in Unit I and 120 hours for Unit members in Unit II. An employee on leave with pay (excluding an employee on an extension of sick leave in accordance with Article 12) shall accumulate sick leave credits.

B. A regular part-time employee shall accumulate sick leave credits in the same proportion that his/her part-time service bears to full-time service.

C. Sick leave shall be granted at the discretion of the CEO, and shall not be unreasonably denied, to an employee only under the following conditions:

1. When an employee cannot perform his/her duties because he or she is incapacitated by personal illness or injury;

2. When the spouse, child or parent of either an employee or his/her spouse, or a relative living in the immediate household of an employee, is ill, the employee may utilize sick leave credits up to a maximum of 75 hours for Unit members in Unit I and 80 hours for Unit members in Unit II per calendar year except in cases of demonstrated medical emergency or life threatening/terminal illness in which case an employee may use up to 112.50 hours for Unit members in Unit I and 120 hours for Unit members in Unit II;

3. When through exposure to contagious disease, the presence of the employee at his/her work location would jeopardize the health of others;

4. To keep appointments with health care professionals. In such instances the normal requirement of advance notice will be at least five (5) working days. However, the parties recognize that an unforeseen complication may arise from a regularly scheduled appointment with such a health care professional; and

5. An employee who becomes a foster parent may use up to 37.50 hours for Unit members in Unit I and 40 hours for Unit members in Unit II for the purpose of transitioning the child into the foster family and/or for attending official meetings with the Department of Social Services related to becoming a foster parent.

D. A full-time employee on leave without pay and/or absent without pay shall not accrue sick leave credit for that portion of time that he/she is on leave without pay.

E. Where the CEO has reason to believe that sick leave is being abused; he/she may require the submission of satisfactory medical evidence from a qualified health care professional. Such request shall be made in writing within seven (7) working days of either the date of suspected abuse or return of the employee.

Failure of an employee to present such satisfactory medical evidence within seven (7) working days after such written request has been made by the CEO, but in any event not later than seven (7) working days subsequent to return to work, may, at the discretion of the CEO, result in the absence being treated as absence without pay.

Satisfactory medical evidence shall consist of a signed statement by a licensed Physician, Physician’s Assistant, Nurse Practitioner, Chiropractor, or Dentist that he/she has personally examined the employee and shall contain the nature of the illness or injury, unless identified as being of a confidential nature; a statement that the employee was unable to perform his or her duties to the specific illness or injury on the days in question; and, the prognosis for the employee’s return to work.

In cases where the employee is absent due to a family or household illness as defined in Section 1, Paragraph C, Section 2 of this Article, satisfactory medical evidence shall consist of a signed statement by medical personnel mentioned above indicating that the person in question has been determined to be seriously ill and needing care on the days in question. A medical statement provided pursuant to this Article shall be on the letterhead of the attending physician or medical provider as mentioned above and shall list an address and telephone number.

The CEO may, at his/her discretion, grant the employee reasonable time during the employee’s regular tour of duty, if necessary, to seek the satisfactory medical evidence as required above.

F. The CEO may require that an employee be examined by a physician of the employee’s choosing and at the employee’s expense, following absence by reason of illness or injury for more than ten (10) consecutive working days. The sole purpose of such examination shall be to determine the employee’s fitness to return to his/her regularly assigned duties.

An employee absent by reason of illness or injury for more than ten (10) consecutive working days shall provide the CEO with reasonable notice of his/her intent to return.

G. Sick leave must be charged against unused sick leave credits in units of one-half (1/2) hour or full hours, but in no event may the sick leave credits used be less than the actual time off.

H. Any employee having no sick leave credits, who is absent due to illness, shall be placed, unless otherwise notified by the employee, on personal leave; if no personal leave credits, then on vacation leave. If no sick leave credits or other accumulated leave credits are available, the employee shall be placed on an unpaid leave of absence. Such leave shall be charged on the same basis as provided in subsection G.

I. An employee who is reinstated or re-employed after an absence of less than three (3) years shall be credited with his/her sick leave credits at the termination of his/her prior employment. A person whose employment by the Commonwealth is uninterrupted shall retain all accrued sick leave credits. Sick leave earned in towns, cities, counties, districts, the federal government, etc. shall not be transferred to state service.

J. A part-time employee on leave without pay and/or absent without pay shall not accrue sick leave credit for that portion of time that he/she is on leave without pay.

K. Notification of absences under this Article must be given to the designated representative of the CEO at least one hour prior to the beginning of the scheduled tour of duty. If such notification is not made, such absence may, at the discretion of the CEO be applied to absence without pay. In circumstances beyond the control of the employee such notification shall be made as early as possible on the day of absence. Within ninety (90) days after execution of this Agreement, and upon any change in the method of reporting during the term of the Agreement, the Chief Human Resources Officer shall notify each employee of the method by which such employee shall report such absence.

L. No employee shall be entitled to sick leave under the provisions of this Article in excess of the accumulated sick leave credits due such employee, excluding any extended Sick Leave provisions.

M. Employees whose service with the Employer is terminated shall not be entitled to any compensation in lieu of accumulated sick leave credits.

N. Employees who retire shall be paid twenty (20) percent of the value of their unused accrued sick leave at the time of their retirement. It is understood that any such payment will not change the employee’s pension benefits.

O. If, at the time of death of an employee, said employee was eligible to retire and receive a pension from the Commonwealth, then said employee shall be paid twenty (20) percent of the value of unused accumulated sick leave to his/her credit at the time of death, provided that no monetary or other allowance has already been made therefore. It is understood that any such payment will not change the employee’s pension benefits.

The CEO shall authorize payment of such compensation upon the establishment of a valid claim therefore, in the following order of precedence;

First; to the surviving beneficiary, or beneficiaries, if any, lawfully designated by the person under the State Employees’ Retirement System;

Second; if there be no such designated beneficiary, to the estate of the deceased.

P. Sick leave credits earned by an employee following a return to duty after a leave without pay or absence without pay shall not be applied to such period of time.

Q. When an employee is separated from the payroll because he/she has exhausted his/her sick leave, the College shall furnish the necessary forms for requesting group insurance coverage on a current premium basis.

Section 2. Paid Personal Leave

On each January 1st full-time employees will be credited with 22.50 hours of paid personal leave annually for members in Unit I and 24 hours of paid personal leave annually for members in Unit II which must be taken during the following twelve (12) months, at a time or times requested by the employee and approved by the CEO. Any paid personal leave not taken by any December 31st will be forfeited by the employee. Personal leave days for regular part-time employees will be granted on a pro-rata basis. Personal leave may be available in units of one-half ( ½ ) hour and may be used in conjunction with vacation leave. Full-time employees hired or promoted into the bargaining unit on or after the beginning of a calendar year will be credited with personal leave days in accordance with the following schedule:

 

DATE OF HIRE/PERSONAL LEAVE	PROMOTION INTO UNIT/HOURS CREDITED
	UNIT I	UNIT II
January 1 to March 31	22.50	24
April 1 to June 30	15	16
July 1 to September 30	7.50	8
October 1 to December 31	0	0

The CEO shall make reasonable efforts to ensure that an employee, having requested personal leave, is granted such leave in order to prevent the loss of such accrued personal leave credits.

Section 3. Bereavement Leave

Upon evidence, satisfactory to the CEO, of the death of a spouse, child, step-child, parent, step-parent, brother, step-brother, sister, step-sister, grandparent, grandchild or parent of a spouse or person living in the immediate household, an employee shall be entitled to leave without loss of pay for a maximum of four (4) consecutive working days.

In the event of the death of an employee’s son-in-law or daughter-in-law or of the spouse’s brother, sister, grandparent or grandchild, a maximum of two (2) consecutive working days shall be available for use by an employee.

In the event of the death of an employee’s aunt, uncle, cousin, one (1) day of paid bereavement leave shall be granted.

In the event that the interment of, or memorial service for, any of the above-named relatives is to occur at a time beyond the bereavement leave granted, the employee may request to defer one of the days to the later date. Such request shall be made at the time of notification to the CEO of the death of one of the above named relatives, and may be granted at the discretion of the CEO.

Section 4. Voting Leave

An employee whose hours of work preclude him/her from voting in a town, city, state or national election shall upon application, be granted a voting leave with pay, not to exceed two (2) hours, for the sole purpose of voting in the election.

Section 5. Civic Duty Leave

A. Employees summoned for jury duty will be granted a leave of absence with pay for time lost from their regular work schedule while on said jury duty upon presentation of the appropriate summons to the CEO by the employee.

B. An employee who receives jury duty fees for jury service upon presentation of the appropriate court certificate of service shall either:

1. retain such jury fees in lieu of pay for the period of jury service if the jury fees exceed his/her regular rate of compensation for the period involved; or

2. remit to the College the jury fees if less than his/her regular rate of compensation for the period involved.

C. Jury fees, for the purpose of this Article, shall be the per diem rate paid for jury duty by the Court, not including the expenses reimbursed for travel, meals, rooms or incidentals.

D. An employee summoned as a witness in court on behalf of the Commonwealth, or any town, city or county of the Commonwealth or on behalf of the Federal Government, shall be granted court leave with pay upon filing of the appropriate notice of service with his/her CEO except that this Section shall not apply to an employee who is also in the employ of any town, city or county of the Commonwealth or in the employ of the Federal Government or any private employer and who is summoned on a matter arising from that employment.

E. Any fees paid to an employee for court services performed during a vacation period may be retained by the employee. The employee shall retain expenses paid for travel, meals, rooms, etc.

F. An employee on court leave who has been excused by the proper court authority shall report to his/her official duty station if such interruption in court services will permit four or more consecutive hours of employment. Court leave shall not affect any employment rights of the individual.

G. No court leave shall be granted when the employee is the defendant or is engaged in personal litigation, unless such litigation arises out of the legitimate performance of his/her assigned responsibilities.

Section 6. Military Leave

A. An employee shall be entitled, during the time of his/her service in the Armed Forces of the Commonwealth, under Section 38, 40, 41, 42, or 60 of C. 33 of the General Laws, to receive pay therefor, without loss of his/her ordinary remuneration as an employee.

B. An employee shall be entitled, during his/her annual tour of duty of not exceeding seventeen (17) days as a member of a reserve component of the Armed Forces of the United States, to receive pay therefor, without loss of his/her ordinary remuneration as an employee under Section 59 of C. 33, General Laws as amended.

C. An employee who is a member of a reserve component of the Armed Forces of the United States and who is called for duty other than the annual tour of duty of not exceeding seventeen (17) days shall be subject to the provisions of Chapter 708 of the Acts of 1941 as amended, or of Chapter 805 of the Acts of 1950 as amended, or Chapter 671 of the Acts of 1966, and amendments thereto.

D. In accordance with Chapter 708 of the Acts of 1941, as amended, an employee who, on or after January first, nineteen hundred and forty, shall have tendered his/her resignation or otherwise terminated his/her service for the purpose of serving in the military or naval forces of the United States who does serve or was or shall be rejected for such service, except as otherwise provided by Chapter 708 of the Acts of 1941, as amended, be deemed to be or to have been on military leave, and no such person shall be deemed to have resigned from the service of the Commonwealth or to have terminated such service until the expiration of two (2) years from the termination of said military or naval service by him/her.

Section 7. Maternity and Adoption Leave

A. A full-time employee who has completed the probationary period, or, if there is no such probationary period, has been employed for at least three (3) consecutive months, and who is absent from employment with the Commonwealth for a period not exceeding eight (8) weeks for the purpose of giving birth, or adopting a child, shall be granted a maternity leave without pay if the request for such leave is made to the CEO at least two (2) weeks in advance of the anticipated date of departure.

B. At the expiration of the maternity or adoptive leave, the employee will be restored to his/her previous position of similar position with the same status, pay and length of service credit as of the date of the leave. If during the period of leave, employees in the same or similar position in the department have been laid off through no fault of their own, the employee will be extended the same rights and benefits, if any, extended to employees of equal length of service in the same or similar position in the department.

C. Notwithstanding any other provision of this Agreement to the contrary, the maternity of adoptive leave granted under this Article shall not affect an employee’s right to receive any contractual benefits for which he/she is eligible at the time of the leave. Upon the expiration of a maternity or adoptive leave, an additional eight (8) weeks leave may be granted at the discretion of the CEO. The leave shall be unpaid unless the employee chooses to use any accrued vacation, personal leave or compensatory time to cover this period of absence. The period of unpaid leave shall not be included in any computation of contractual benefits, rights or advantages. Not later than two (2) weeks prior to the expiration of the eight-week maternity or adoptive leave, an employee may request a return to work at reduced time. If approved by the CEO, said employee will accrue benefits in the same proportion that such part-time service bears to full-time service.

D. An employee on maternity or adoptive leave may have his/her group health insurance benefits continued for the period of time the employee is absent on such leave. The employee, while on leave, is required to pay the same monthly premium he/she would have paid had such leave not been taken.

E. If an employee has accrued compensatory time, personal leave, sick leave or vacation leave credits at the commencement of her maternity leave, the employee may use such compensatory time and/or leave credits for which she may be eligible under the personal leave, sick leave or vacation leave provisions of this Article.

F. During the first ten (10) workdays subsequent to the birth or adoption of a child, the mother/father shall receive his/her regular weekly salary. Where an eligible full-time or part-time employee and his/her eligible spouse are both employees of the Commonwealth, they shall jointly be entitled to a combined total of not more than ten (10) days paid under the provisions of this section.

Section 8. Parental Leave

A. Upon written application to the CEO, including a statement of any reasons, any employee who has completed any applicable probation period and who has been employed at least three (3) consecutive months, and who has given at least two (2) weeks prior notice of his/her anticipated date of departure and who has given notice of his/her intention to return, may be granted parental or adoptive leave for a period not exceeding twenty four (24) weeks. Such leave shall be without pay for such period. The purpose for which an employee may submit his/her application for such unpaid leave shall be limited to the need to care for, or to make arrangement for care of, a minor dependent child of the employee, whether or not the child is the natural, adopted or stepchild of such employee.

B. An employee who requests and is granted parental leave for the purpose of caring for the employee’s minor dependent child under three years of age, may have his/her group health insurance benefits continued for a period of ten (10) weeks while the employee is absent on such leave. The employee, while on leave, is required to pay the same monthly premium he/she would have paid had such leave not been taken.

C. If an employee has accrued compensatory time, personal leave, sick leave or vacation leave credits at the commencement of his/her parental leave, the employee may use such compensatory time and/or other leave credits for which he/she may be eligible under the sick leave, personal leave or vacation leave provisions of this Article.

Section 9. Family Leave

A. Upon written application to the CEO, including a statement of any reasons, any employee who has completed his/her probationary period, or if there is no probationary period, who has been employed at least three (3) consecutive months who has given at least two (2) weeks prior notice of his/her anticipated date of departure and who has given notice of his/her intention to return, may be granted family leave for a period not exceeding twelve (12) weeks. Such leave shall be without pay or benefits for such period. The CEO may in his/her discretion, assign an employee to back fill for an employee who is on family leave. Such assignment may not be subject to the grievance procedure. The purpose for which an employee may submit his/her application for such unpaid leave shall be limited to the need to care for, or to make arrangements for the care of, the employee’s spouse, parent, grandparent, grandchild or relative living in the same household.

B. Ten (10) days of family leave may be taken in not less than one-day increments. However, such leave requires the prior approval of the CEO.

C. If an employee has accrued compensatory time, personal leave, sick leave or vacation leave credits at the commencement of his/her family leave, the employee may use such compensatory time and/or other leave credits for which he/she may be eligible under the sick leave, personal leave or vacation leave provisions of this Article.

Section 10. Domestic Violence Leave

Up to a maximum of 112.50 paid hours per calendar year for Unit members in Unit I and up to a maximum of 120 paid hours per calendar year for Unit members in Unit II may be used for the purpose of arranging for the care of him/herself or his/her child(ren) or for attending to necessary legal proceedings or activities in instances where the employee or his/her child(ren) is a victim of domestic abuse and where the employee is not the perpetrator.

Section 11. The Family and Medical Leave Act and The Small Necessities Leave Act

The parties to this Agreement recognize that various benefits, including but not limited to sick leave, maternity leave and family leave, may be available to bargaining unit members pursuant to state and federal law, and, in particular, the Family and Medical Leave Act and The Small Necessities Leave Act. It is the intent of the parties that any benefits provided by this Agreement are to be used as part of and not in addition to any statutory benefits so conferred.

Section 12. Unpaid Personal Leave

Unpaid personal leave, other than herein before specified, may be granted by the CEO, upon the written request of the employee, at least thirty (30) days in advance. Approval may not be unreasonably denied.

Retirement, seniority, sick leave, vacation credit and time accrual for step increase shall not accrue during the term of such leave.

Section 13.

Leave of absence without pay may be granted to a unit member or members who are delegates to state or national conventions of fraternal and/or civic organizations. Leaves of absence with pay may be granted to a unit member to participate as an Honor Guard in Funerals of Deceased Veterans.

Section 14.

Leave of absence without pay may be granted to unit members who are Civil Defense Officers for the purpose of participating in local, state-sponsored and federal seminars and programs designed to improve his/her knowledge and understanding of Civil Defense.

Section 15.

Leave of absence with pay may be granted for the purpose of donating blood, not to exceed two (2) hours. In exceptional circumstances the CEO may grant leave with pay in excess of two hours.