Meet CSEA CHAPTER 399 Union Representatives to stay informed and get the most out of your union membership. Union Leaders and Site Representatives can answer questions and provide advice on how to make the most of your employment and union rights.
Chapter President
First Vice President
Second Vice President
Chapter Treasurer
Communications Officer
Secretary
Every school in the Calexico School District has a field representative also known as Union Stewards to back you up and help you stay union strong.
| Carmela Perez | Chief Steward, Steward |
| Alejandro Huezo | Steward |
| Alejo Cortez | Steward |
| Corina Garcia | Steward |
| Elizabeth Esqueda | Steward |
| Emilio Pinon | Steward |
| Esperanza Amial Munguia | Steward |
| Graciela Aldana-Batani | Steward |
| Jesus Bravo | Steward |
| Judith Lopez | Steward |
| Krystle Casares | Steward |
| Maria Bravo | Steward |
| Maria Del Carmen Arreguin Quijada | Steward |
| Maria Lim | Steward |
| Priscilla Beltran | Steward |
| Troy Johnson | Area K Director Board of Directors |
| Susan Zarate-Sandoval | Regional Representative Region 53 |
| Gary Snyder | Field Director San Diego Field Office |
| Rene Pollard | Labor Relations Representative San Diego Field Office |
The CSEA job steward is a vital representational link between bargaining unit employees, their union, and site-level management. If you are interested in becoming a CSEA Union Steward ask your Union representatives for more information.
Date: 01/19/2023
Time: 05:00 PM
Location: District Administrative Board Room
Address: 901 Andrade Ave., Calexico, CA 92231
A layoff is the temporary or permanent termination of employment by an employer for reasons unrelated to the employee’s performance. Losing your job is never welcome news. For most people, it’s a traumatic and frightening experience. Read your Calexico Unified School District CUSD/CSEA employment contract to help you stay informed.
If you have been laid off, it means that your employer is experiencing financial hardship and is no longer able to pay you a salary. The recent outbreak of COVID-19 is the most recent example that forced businesses to downscale their workforce in order to survive.
If your layoff is temporary, your employer may require you to return to work after a period of time. If your layoff is temporary, it means your employer may require you to return to work after a period of time. it makes no difference if your layoff is temporary or permanent. You will be unemployed and eligible for unemployment insurance or compensation.
Employees may be laid off when companies aim to cut costs, due to a decline in demand for their products or services, seasonal closure, or during an economic downturn. According to the Calexico Unified School District CUSD employment contract. Here are the two main reasons for being laid off:
Upon the decision of the District to reduce the number of unit employees in the classified service of the District, written notice of layoff shall be sent by registered mail or delivered in person to the affected unit employee(s) by the Superintendent or his designee.
The District shall send written notice of layoff to the affected unit employee(s) not less than sixty (60) calendar days prior to the effective date of layoff, informing the employee(s) of displacement rights, if any, and re-employment rights. Any notice of layoff shall specify the reason for layoff and identify by name and classification the employee(s) designated for layoff.
When as a result of the expiration of a specially funded program, classification(s) are going to be eliminated at the end of the school year, and unit employee(s) will be subject to layoff for lack of funds, the employee(s) to be laid-off at the end of such year shall be given written notice on or before April 30th. If the termination date of any specially funded program is other than June 30th, such notice shall be given not less than sixty (60) calendar days prior to the effective date of the layoff.
Nothing herein provided shall preclude a layoff for lack of funds in the event of an actual and existing financial inability to pay salaries of classified employees, no layoff for lack of work resulting from causes not foreseeable or preventable by the Board, without the notice required by subsections 2 and 3 hereof.
In considering the layoff of emergency, provisional, or limited-term employee(s) shall be laid off from any position while employees serving under restricted, emergency, provisional, or limited-term employment are retained in positions of the same class.
The order of layoff of unit employees shall be determined by length of service. The employee who has been employed the shortest time in the affected class including time employed in a higher class if applicable shall be laid off first. Bumping rights of unit employee(s) shall apply after the determination of seniority in a class.
Bargaining unit employees who are subject to layoff shall exercise bumping rights into any classification, within a current or previously held class, providing they meet minimum qualifications and providing that the classification in which they are bumping is equal or lower than the classification in which the employee has served. Reemployment shall be in the reverse order of layoff.
In case of two (2) or more unit employees having the same length of service, the order of layoff of such employees shall be determined by lot. The employees affected shall be invited to the drawing and a CSEA and District representative shall be present.
Any employees going to a lower class pursuant to this rule shall receive the maximum of the salary range of the lower class provided that such salary is not greater than the salary received in the higher position.
In all cases where an employee elects to exercise his/her seniority rights and move to a lower class in lieu of layoff, his/her name shall be placed on a layoff list for the position from which he/she moved.
For purposes of this section, for service commencing or continuing after July 1, 1971,
“length of service” means all hours in a paid status, whether during the school year, a holiday recess, or during any period that a school is in session or closed, but does not include any hours compensated solely on an overtime basis. For employees in the classified service hired prior to July 1, 1971, the date of employment in the regular classified service (regardless of hours worked per day or months per year, a day is a day and a year is a year) shall be used to determine the length of service prior to July 1, 1971. Seniority within a class shall be calculated by time worked within classifications of higher, equal, or lower ranking in which the employee is serving or has served.
“Hours in Paid Status” shall not be interpreted to mean any service performed prior to entering into probationary or permanent status in the classified service of the District except where the affected unit member was employed as a substitute in the assignment received upon entering into probationary status, and in restricted positions as provided in the Education Code (Section 45105). For purposes of this section, the word “class” shall be defined as a group of positions (classifications) within a job occupational family which have common characteristics and are ranked according to a job family. The word “classification” shall be defined as a position within a class that has a designated title, specific duties, responsibilities, and minimum qualifications, and which has a designated salary range established for each position within a class.
A unit employee subject to layoff may, in lieu of such layoff, if qualified and subject to the provisions of this section, elect to be demoted to a lower job class, voluntarily reduce their assigned time if this option is made available or retire under the provisions of the California Public Employees Retirement System (PERS). The right to elect demotion shall not apply to restricted classified employees.
To be considered for demotion in lieu of layoff, which demotion would result in the
displacement of a unit employee with less length of service subject to the provisions of this Article, the unit employee shall be required to notify the Personnel Office in writing of such election not later than five (5) work days after receiving the notice of layoff.
A unit employee displaced under Section C of this Article shall be subject to layoff
according to the provisions of this Article.
A unit employee who elects demotion or retirement in lieu of layoff shall nonetheless be placed on the thirty-nine (39) month re-employment list and shall be eligible, when a classified vacancy occurs, to return to the former job class in the order of service as any other employee on such list.
Employee(s) who elect to take demotion shall be extended for an additional twenty-four (24) months provided that the same tests of fitness under which they qualified for appointment to the class shall still apply. (Education Code Section 45298).
A unit employee who is laid off shall be placed on a thirty-nine (39) month re-
employment list and shall be re-employed in preference to new applicants. The employee shall be required to maintain his/her current address on file with the P.C. Office.
If, during a unit employee’s eligibility period for re-employment, a classification becomes vacant, the Personnel Commission Director shall send written notice by registered mail or telegram to the last known address of such unit employee(s) offering re-employment in order of service, providing such employee meets the minimum qualifications required of the classification.
A unit employee who receives such notice of re-employment and refuses to accept in writing the offer of re-employment within ten (10) working days shall be deemed to have rejected the offer of re-employment.
If the unit employee in a layoff status accepts the classification being offered, the unit employee shall have up to thirty (30) calendar days from the postmark date of the notice to report for work. This does not preclude a unit employee from returning to work in fewer than thirty (30) calendar days.
A unit employee re-employed after being laid off shall be fully restored to his/her class with all rights to permanent status. Service credit and benefits shall not accrue during the period of layoff.
Refusal of an offer of provisional or limited-term employment shall not affect the
standing of any employee on a layoff list.
Employees on layoff lists shall be eligible to compete in promotional examinations for which they qualify.
Names shall be certified for appointment from employment lists as follows:
The list shall consist of permanently classified employees listed in order of seniority (see Order of Layoff), and by class series and classification. The most senior employee is to be listed first.
In the computation of seniority, all served within a class plus higher classes within the same class series shall count as seniority within the class. Continuous or uninterrupted service as a probationary or permanent employee within a class, rather than actual days worked, shall determine seniority.
The P.C. Office shall establish and maintain the seniority lists for all class series. These lists are to be updated from year to year to insure their accuracy and availability to the Board.
At least twenty (20) working days prior to the effective date of a layoff, the District will provide CSEA with a seniority roster.
No district may abolish any of its classified positions and utilize volunteer aides, as authorized by Education Code Section 44814, 44815, 35212, and Labor Code Section 3364.5, in lieu of classified employees who are laid off as a result of the abolishment of a position; nor may a district refuses to employ a person in a vacant classified position and use volunteer aides in lieu thereof.
It is the intent of the Legislature to permit school districts to use volunteer aides to enhance their educational program but not permit displacement of classified employees or to allow districts to utilize volunteers in lieu of normal employee requirements.
In the event of a layoff of permanent classified employees, no limited-term employee shall be retained to render service that a laid-off classified employee is qualified to render.
Bargaining unit employees laid off due to lack of work or funds shall continue to have the District pay for health and welfare benefits for three (3) months following a layoff. Should the employee obtain other employment that offers health and
welfare benefits during the three-month period, the employee shall advise the District so that the benefits may be terminated.
In lieu of layoff, the employee may exercise their early retirement benefit rights under Article VI of the collective bargaining agreement.
Being laid off from your job is one of life’s major high-stress events, but there are steps you can take to make the transition a little less rocky. Read your Calexico Unified School District CUSD employment contract to help you stay informed.
Make sure you have some savings, keep your résumé up to date, and reach out to your contacts. Remember that a layoff is a great excuse to take stock of your life and go after what you’re most passionate about.
One of the most useful tools a contract provides you with is the grievance procedure. Often employees think filing a grievance will label them as a “troublemaker,” but really the grievance process is just that—a process, which we use to resolve violations of our rights in a professional, orderly manner.
A “Grievance” is a formal written allegation by a grievant that he/she has been adversely affected by a misinterpretation, misapplication, or alleged violation of a specific provision of the collective bargaining agreement or incorporated Board policies. A “Grievant” may be CSEA or any member(s) of the bargaining unit. Unless specifically mentioned otherwise, a “Day” is any day on which the central administrative office of the District is open for business and the unit member(s) is (are) scheduled to work.
The “Immediate Supervisor” is the lowest level management member having a line supervisory authority over the grievant who has been designated to adjust grievances. The “Second Level Supervisor” is the supervisor of the management member defined above as an “Immediate Supervisor”.
The CSEA contracts contain a two-step grievance process. Remember, to consult your contract to understand the grievance process and timelines.
Before filing a formal written grievance, (Appendix B) the grievant shall attempt
to resolve the problem by scheduling an informal conference with his/her immediate supervisor. The grievant may be accompanied by his/her Association Representative at the informal conference with the immediate supervisor.
The problem shall be discussed orally, including the nature of the problem, the person or persons involved, and the remedy sought. The immediate supervisor shall respond to the complaint within three (3) days. If the grievant is not satisfied with the proposed resolution or if the immediate supervisor has not responded within three (3) days of the formal conference, the grievant may proceed to Step One of the Formal Grievance Process.
Step One:
Step Two:
Step Three:
Step Four:
Step Five: Binding Arbitration
The immediate supervisor, second-level supervisor, and/or District Superintendent, or his/her designee, may schedule such meetings with the grievant as deemed appropriate to discuss the grievance and attempt resolution at Steps One, Two, and Three. The grievant shall be present at all grievance meetings. The absence of the grievant at a meeting shall constitute a waiver of the grievant’s right to further processing of the grievance. In instances of emergency or illness, the grievant shall have the right to have the meeting rescheduled.
The grievant is entitled to association representation at all steps of the grievance procedure specifically at every meeting between the grievant and a district administrator. Should the grievant elect not to be represented by the Association, the District shall notify the Association of any settlement reached. The settlement shall not violate the terms and conditions of the collective bargaining agreement.
As you can see, the grievance procedure is there for us—but only if we use it. This article is just to show you an overview of the rights and tools that we as CSEA employees can utilize to fight for your rights. Take a moment to review the grievance procedure in your contract.
Charter schools have become a controversial topic in education policy and labor relations. Supporters of charter schools argue that they provide more educational options for families and promote innovation and competition in education. However, opponents of charter schools, including many labor unions, argue that they undermine public education, reduce teacher job security and benefits, and contribute to the privatization of education. In this article, we will explore why charter schools are bad for school labor unions.
Charter schools are publicly funded schools that operate independently of traditional public school systems. They are granted charters by a state or local authority, which allows them to operate under different rules and regulations than traditional public schools. Charter schools are often run by private companies, non-profit organizations, or individuals, and have more autonomy in hiring, curriculum development, and budgeting than traditional public schools.
Charter schools were first established in the US in the early 1990s as a way to provide more educational options for families and promote innovation and competition in education. Since then, the number of charter schools has grown rapidly, and they now serve over 3 million students in 44 states and the District of Columbia.
Labor unions are organizations that represent workers in collective bargaining with their employers. In schools, labor unions typically represent teachers, support staff, and other school employees. Labor unions negotiate contracts that establish salaries, benefits, and working conditions for their members, and provide legal representation and advocacy for their members in disputes with management.
Labor unions have a long history in the US, dating back to the 19th century. In schools, labor unions became more prevalent in the mid-20th century, and today, the majority of public school teachers and other school staff are members of a union.
Charter schools can have a negative impact on traditional public schools by diverting public funding away from them and creating a two-tiered system of education. In addition, charter schools often have lower unionization rates, which can reduce the job security and benefits of teachers in traditional public schools.
Charter schools are generally less unionized than traditional public schools. According to a 2020 report by the National Education Association, only 11% of charter schools are unionized, compared to 68% of traditional public schools. This means that charter school teachers and staff are less likely to be members of a union, and therefore have less collective bargaining power.
Charter schools often offer lower salaries and benefits than traditional public schools. According to a 2019 report by the Economic Policy Institute, charter school teachers earn, on average, 11% less in salaries than traditional public school teachers. In addition, charter school teachers are less likely to have health insurance and retirement benefits.
Charter school operators have been known to engage in union-busting tactics to prevent their employees from unionizing. These tactics include intimidating employees, making anti-union statements, and even firing employees who support unionization. In some cases, charter schools have closed down or been taken over by other operators to prevent unionization efforts.
There have been several high-profile cases of charter schools and labor unions clashing over labor issues. For example, in 2019, teachers at the Chicago International Charter School went on strike for 11 days over issues such as pay, class sizes, and support staff. The strike was the first-ever strike at a charter school in the US.
Labor unions also argue that charter schools lack accountability and transparency, which makes it difficult for teachers and other school staff to advocate for their rights and for parents to make informed decisions about their children’s education. They argue that charter schools are often run by private companies or non-profit organizations that are not subject to the same level of oversight as traditional public schools.
Charter schools have been criticized for cherry-picking students, which means selecting students based on academic ability, behavior, or other factors that make them more likely to succeed academically. This can lead to segregation and inequity in education, as well as a lower level of academic rigor and challenge for students who are not selected.
Labor unions argue that charter schools contribute to the privatization of education, which undermines public education and reduces the collective bargaining power of teachers and other school staff. They argue that charter schools divert public funding away from traditional public schools, which serve the vast majority of students, and create a two-tiered system of education.
Labor unions also argue that charter schools often have lower standards and qualifications for teachers than traditional public schools. They argue that this can lead to a lower quality of education for students and reduced job security and benefits for teachers.
Charter schools have become a contentious issue in education policy and labor relations. While supporters of charter schools argue that they provide more educational options for families and promote innovation and competition in education, opponents argue that they undermine public education, reduce teacher job security and benefits, and contribute to the privatization of education. From a labor union perspective, charter schools are bad because they reduce unionization rates, offer lower salaries and benefits, engage in union-busting tactics, and contribute to the privatization of education.
As a CSEA member, you are part of the largest classified union in the nation. Despite our size, CSEA remains an organization of people. As a member-run union, we rely on members to step forward and contribute new ideas and new energy.
There are many ways you can volunteer and get involved with CSEA. Local chapter meetings are open to all members, and everyone is encouraged to attend. Talk with the leaders of your chapter to find out what kind of help is needed.
Whatever you choose to do, just remember that getting involved is the lifeblood of our union. The only way for us to grow and improve is if new volunteers like you get involved. Talk to someone today about how you can play a bigger role on the CSEA team.
A good “entry-level” job is site representative. Site reps provide a vital communication link between members and chapter leaders. Site reps help sign up new members through CSEA’s New Employee Orientation program. They also keep bulletin boards updated and answer questions at their site or refer co-workers to the appropriate chapter officers or union staff for answers.
If you really want to roll up your sleeves and help out members of your chapter, you can become a CSEA union steward. These volunteers protect employees’ rights on the job, enforce the contract and keep management in check. It’s a tough job requiring both knowledge and instinct, but as most stewards will tell you, the work is very rewarding. CSEA ensures that its job stewards get as much training as they need through the CSEA Steward Program. Participants get comprehensive training on everything from legal rights to listening skills.
Each year, members elect their co-workers to serve on the chapter executive board (president, vice-president(s), secretary, treasurer, etc.). These elections are open to any member in good standing. Maybe it’s time for you to run for office and help lead your chapter. Again, CSEA provides chapter officers with plenty of training opportunities.
Many chapters elect and appoint members to various standing and ad hoc committees. These committees handle everything from negotiations to welcoming new members. Joining a committee is another great way to get involved with your chapter.
Chapter Webmasters help keep members up-to-date on local news and events. CSEA provides its Webmasters with all the training and tools they need. If you’re interested in becoming a chapter Webmaster, get more information online, then talk to your chapter president.
A job description is a list provided by Calexico Unified School District describing the roles and responsibilities of the position, as well as the qualifications you need to be able to perform the job. Make sure you read and understand the job descriptions of your current position. Below is a list of all job descriptions within the Calexico Unified School District.
Leave Benefits are the time that employees at Calexico Unified School District take off work during otherwise normal working hours which they are entitled to, by law, or by contract. This entitlement varies from company to company and can be either minimal or generous, depending on the company’s discretion.
CUSD must meet the minimum requirements for leave that are mandated by law. Furthermore, some companies may also offer additional leave as a part of their employee benefits, as an incentive for their staff.
This post will provide you with a detailed description of the different types of leaves you are entitled to take as a Calexico Unified School District employee. Read your employment contract If you want to learn more about what Calexico Unified School District Leaves. (Article XV)
Sick leave pay is a benefit that allows employees to take time off for short or long-term health needs and be compensated for this time. Depending on the company and state laws, employees may use sick leave pay to care for themselves or an immediate family member. The paid sick leave hours are earned depending on the number of hours worked.
Sick leave may be taken at any time, provided that new employees with probationary status may use only six (6) days of paid sick leave during their initial probationary period.
Pay for any days of sick leave shall be the same pay that the employee would have received if he/she had worked that day, except as provided by the Education Code for part-time personnel.
In order to receive compensation while on sick leave, the employee must notify his/her supervisor of his/her absence within the first working hour of the first day of absence, unless conditions make notification impossible. The burden of proof of impossible conditions is upon the employee.
At least one (1) day prior to his/her expected return to work, the employee shall notify his/her supervisor so that a substitute employee may be terminated. If the employee fails to notify his/ her supervisor and both the employee and the substitute report to work, the substitute is entitled to the assignment, and the employee shall not receive pay for that day.
An employee absent for five (5) working days or more shall be required to present a doctor’s statement stating the nature of his/her illness or injury and the date on which the employee is able to return to work, prior to the time of return.
When a person is on paid sick leave, he/she shall not be penalized in the event an
the authorized holiday occurs during that time.
Sick leave is not earned for the following reasons:
The District shall maintain appropriate absence reports and time cards. An employee who is on sick leave may not continue to receive income from the school district if he/she accepts other employment.
When an employee is on sick leave or leave of absence without pay because of illness and wishes to accept other employment, he/she must resign from the District. Accepting other employment while on sick leave, without notifying the District, may be grounds for dismissal. A request for leave of absence for reasons of health must be accompanied by permission for the release of information and a statement from the attending physician giving a case diagnosis and prognosis to the satisfaction of the District.
An employee whose record of illness appears to follow a pattern of reoccurrence for relatively minor indispositions may be made the subject of a special investigation by the administration. Disciplinary action may be taken if the findings of the investigation warrant such action.
An employee will receive District fringe benefits during all periods while in a paid status. In case of personal leave or leave without pay, the employee may maintain benefits at his/her own expense. Benefits terminate upon separation of the employee from the District.
As provided by Labor Code section 233, unit members may use up to one-half (0.5) of their annual entitlement of full-paid sick leave for the following reasons:
According to the Calexico Unified School District employee contract “Family member” is defined in Labor Code section 245.5 as the unit member’s child: (biological, adopted, or foster child, stepchild, legal ward, or a child whom the employee stands in loco parentis, regardless of age or dependency status), a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse, or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child, a spouse, a registered domestic partner, grandparent, grandchild, or sibling.
Employees who have exhausted all other forms of paid leave including, regular sick leave, compensatory time, holidays, and/or vacation, shall be entitled to one hundred (100) additional days of sick leave at 50% of the employee’s base pay.
After exhaustion of all paid leave, a permanent employee may be placed on unpaid leave upon request to and with the approval of the Board. When placed on unpaid leave, the employee shall not again become eligible for paid leave until the commencement of a new fiscal year in which he/she has rendered service. (See Section A.4.)
Any classified employee of any school district who has been an employee of that district for a period of one (1) calendar year or more and who terminates such employment for the sole purpose of accepting a position in another school district and who subsequently accepts, within one (1) year of termination of his former employment, such position, shall have transferred with him to the second district the total amount of earned leave of absence for illness or injury to which he is entitled under Education Code Section 45202.
An employee who has been placed on paid or unpaid sick leave may return to duty at any time during the leave, provided that he/she is able to resume the assigned duties and, if the leave has been for more than twenty (20) working days, provided that he/she has notified the District of his/her return at least three working days in advance.
If at the conclusion of all sick leave and additional leave granted under these rules, the employee is still unable to assume the duties of his position, the following steps must be taken:
The Catastrophic (CAT) Leave program allows employees who have exhausted their leave credits and must miss work due to a prolonged illness or injury (including that of an eligible family member), or due to a natural disaster, to request CAT leave.
CSEA Chapter 399 and the District agree to the CSEA Catastrophic Leave Bank which shall be administered by the District as outlined below.
Who is eligible and how to Contribute to the Catastrophic Leave Bank:
How does the withdrawal process of the Catastrophic Leave Bank work:
If the District denies a request for withdrawal or an extension of withdrawal, it shall notify the participant, in writing, of the reason for denial.
Catastrophic Leave Bank participants who are denied a withdrawal or whose withdrawal is not renewed or terminated may, within thirty (30) days of denial, grieve the denial, non-renewal, or termination. The participant shall be deemed the grievant. If the participant’s incapacitation does not allow participation in this appeal process, the participant’s agent or member of the family may process the grievance.
Administration of The Bank
Leaves resulting from an industrial accident or industrial illness shall be granted in accordance with the provisions of Education Code Sections 45192 and 45199 and this rule.
An employee in the classified service, who is absent from duty because of an illness or injury defined as an industrial accident or industrial illness under provisions of the Workman’s Compensation Insurance Law, shall be granted paid industrial accident leave for each such accident or illness while receiving temporary disability benefits from workmen’s compensation provided that the illness or injury was related to the performance of his/her duties. Such paid industrial accident or illness leave shall not be for more than 60 working days.
The District will make reasonable efforts to accommodate unit members on industrial accident leave with light-duty assignments as required by law.
Every person (permanent, probationary, provisional (temporary), or limited-term)
employed in the classified service of this District shall be granted necessary leave of absence, not to exceed a standard three (3) days or five (5) days if more than two hundred (200) miles travel one way is required, on account of the death of any member of his/her immediate family.
No deduction shall be made from the salary of such employee nor shall such leave be deducted from leave granted by other sections of the Education Code or as may be provided by the District.
Member of immediate family means mother, father, mother-in-law, father-in-law,
grandmother or grandfather of the employee or the employee’s spouse, and the spouse, son, son-in-law, daughter, daughter-in-law, grandchild, brother or sister of the employee, or any person living in the immediate household of the employee.
*For additional Bereavement Leave refer to Section P – Personal Necessity Leave.
Leave of absence for jury service shall be granted to any employee who has been
officially summoned to jury duty in local, state, or federal court. Leave shall be granted for the period of jury service. The employee shall receive full pay while on leave provided that the jury service fee for such leave is assigned to and the subpoena of court certification is filed with the District. Request for jury service leave should be made by presenting the official court summons to jury service to the supervisor.
Leave of absence to serve as a witness in a court case shall be granted an employee when he has been served a subpoena to appear as a witness, not as the litigant in the case. The length of leave granted shall be for the number of days in attendance in court as certified by the clerk or other authorized officer of the court.
The employee shall receive full pay during the leave period, provided that the witness fee for such leave is assigned to and the subpoena or court certification is filed with the School District. Request for leave of absence to serve as a witness should be made by presenting the official court summons to the supervisor.
The jury service fee and witness fee referred to in A and B, respectively, do not include reimbursement for transportation expenses.
Every employee in the classified service shall be permitted to be absent from his/her duties during working hours in order to take any examination for promotion in the District without deduction of pay or other penalties, provided that he/she gives adequate prior notice to his/her immediate supervisor.
Military leave of absence shall be granted and compensated in accordance with the Military and Veteran’s Code, Sections 389 and 395.
Leave of Absence without pay may be granted to a permanent employee, upon written, request subject to the following restrictions:
The District may, for a good cause, cancel any leave of absence by giving the absent employee due notification. Such notification shall be of sufficient time to permit the employee to return, however, in no case shall the amount of time be less than three (3) days.
An employee who is granted an unpaid leave of absence for an academic or fiscal year shall notify the Superintendent, in writing, of his/her intention to return to his/her position, either on July 1st or on the opening of the academic year, by April 15th of the same year.
If the employee’s classification has been abolished during the employee’s absence, he/she shall be laid off for lack of work and placed on the reemployment list for the class, effective on the date of termination of the leave, and shall be entitled to all “layoff” benefits. He/She may be returned to a vacant position, for which he/she is qualified, in a class at the same or lower salary level.
Employees returning from leave may be required to have a health examination by a doctor specified by the District, with the cost met by the District.
Factors to be considered in granting a leave request and for determining the appropriate length of the leave include, but shall not be limited to:
Any permanent classified employee who accepts a regular assignment within the District to an exempt, temporary, or limited-term position shall, during such assignment, be considered for status purposes as serving his/her regular position, and such assignment shall be considered separation from service.
The employee may, with the approval of the appointing authority, voluntarily return to his/her position, or to a position in the class of his/her permanent status, prior to the completion of service in an exempt, temporary, or limited-term position. Failure to complete the required service, unless approved as specified herein, will constitute abandonment of position and may be grounds for disciplinary action by the appointing authority.
Leaves of absence shall be provided for any classified employee required to be absent from duties because of disability caused by pregnancy, miscarriage, childbirth, and related medical conditions.
A unit member disabled by pregnancy, childbirth, and related medical conditions shall be entitled to use sick leave, vacation, and other paid and unpaid leaves, under the same terms and conditions as employees suffering from other temporary disabilities. If after exhausting all available leaves, paid and unpaid, a unit member continues to be disabled by pregnancy or childbirth, she may request additional leave.
The period of leave for disability caused by pregnancy, childbirth, and related medical conditions shall be determined by the unit member and her physician. The employee shall submit a request for pregnancy disability. Where medically possible, the employee will submit the request not less than thirty (30) days prior to the commencement of the leave. The request shall be accompanied by the attending physician’s statement stating that the employee is medically unable to perform her duties and the anticipated beginning and ending dates of the leave.
A unit member returning to work after a pregnancy or childbirth-related disability leave shall provide a doctor’s verification of the ability to return to work.
Pregnancy disability leave shall not be used for childbirth preparation or child bonding. An employee who wishes to remain absent from duties beyond the period of disability may request child bonding leave.
As provided by Education Code section 45196.1, employees shall be entitled to parental leave as set forth in this section.
Any days of absence for illness or injury earned pursuant to Section A may be used by the employee, at his/her election, in cases of personal necessity. Such leave shall not be accrued and will be charged against an employee’s sick leave. No such absence in excess of days earned may be used in any school year and only for the following exceptions:
If a voter does not have sufficient time outside of working hours to vote at a statewide election, the voter may, without loss of pay, take off enough working time which when added to the voting time available outside of working hours will enable the voter to vote.
No more than two hours of the time taken off for voting shall be without loss of pay. The time off for voting shall be only at the beginning or end of the regular working shift, whichever allows the freest time for voting and the least time off from the regular working shift, unless otherwise mutually agreed.
If the employee on the third (3rd) working day prior to the day of the election, knows or has reason to believe that time off will be necessary to be able to vote on election day, the employee shall give the employer at least two (2) working days’ notice that time off for voting is desired, in accordance with the provisions of this section. (State Elections Code Section 14350).
“In Lieu” time may be approved by the supervisor for employees under their jurisdiction for verified work in excess of their scheduled hours. “In Lieu” time should be taken within the pay period and may not be accumulated unless it is approved by the supervisors. Immediate supervisors are responsible for keeping “In Lieu” time to a minimum.
Every regular classified employee who has completed seven (7) consecutive years of service in regular status with the District shall be eligible to apply for a leave of absence for study purposes. The granting of such leave shall be entirely discretionary with the District. When a study leave has been authorized and taken, an additional seven (7) years of service, after return to duty from the last leave, must be completed before another study leave may be granted.
Study leave can be for any period of time not to exceed one (1) year and may be taken in any time increments as approved by the Board, but must be completed within three (3) years after the initial part of the leave was commenced. If the leave is not continuous, the service performed between the leave intervals shall be credited toward future study-leave eligibility.
Any leave granted and taken under this rule shall not constitute a break in service for any purpose, but the leave time shall not count toward eligibility for future study leave.
The employee must file an application with the Board for a leave of absence under this rule and must outline:
Compensation shall be paid as follows:
Factors to be considered in granting a leave request and for determining the appropriate length of the leave includes, but shall not be limited to:
In the event that the Board contemplates the abolition of positions in the service and the creation of new positions because of automation, technological improvements, or for any other reason, it may provide for the retraining of displaced employees in accordance with this rule.
To be eligible for retraining leave, an employee must:
The District shall prescribe the retraining program and may provide the program
internally or designate the institution or place where the program is to be provided.
The employee shall be considered a permanent employee for all purposes during the period of the retraining program and shall receive his/her normal compensation and benefits. The Board may prescribe duties to be performed by the employee on behalf of the District during retraining leave or the employee may be relieved of all duties during retraining leave.
The District shall provide for reasonable expenses necessary for the prescribed retraining but may recover costs from the employee if he/she fails to complete the prescribed retraining program.
The District may establish retraining programs for purposes other than outlined in this rule and grant leaves of absence for retraining in the same manner as for study leaves of absence, except that the three-year service requirements shall prevail. Such programs must be endorsed by the Commission and must be available to all qualified employees of the District, except that approval for such leave shall be discretionary with the Board.
CUSD must meet the minimum requirements for leave that are mandated by law. Additionally, companies may offer additional leave as a part of their employee benefits. CUSD employees are entitled to various leaves and should refer to their employment contract (Article XV) for more information.
For Vacation time off visit the post on CUSD Vacation Benefits