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MCCFA Employment Contract 1999-2001

Article 12 - Leaves of Absence With Pay

Section 1. Communicating Absence.

A faculty member who finds it necessary to be absent shall communicate with the community college official to whom the faculty member is responsible, in advance whenever possible.

Section 2. Sick Leave.

Upon initial employment each full-time faculty member shall be credited with twenty (20) days of sick leave allowance. At the beginning of the third academic year of employment and each academic year thereafter, each full-time faculty member shall be credited with ten (10) days of sick leave allowance to be used for approved absences necessitated by reason of illness or injury, by necessity for dental or medical care, by exposure to contagious disease so that attendance on duty may endanger the health of other faculty members or the public, or the illness of the faculty member's spouse, minor children, or parent and spouse's parents for such periods as the faculty member's attendance shall be necessary. Further, a faculty member shall be granted up to five (5) days, charged against sick leave, for placement of an adoptive or foster child. A faculty member who finds it necessary to be absent for any of these reasons shall communicate with the college president or designee as soon as possible and file a request in writing for approval of the use of sick leave for such absence. Unused sick leave may be accumulated to a maximum of one hundred and twelve (112) days. Sick leave earned over the maximum will be considered lapsed but shall be recorded to the faculty member's credit. In the event that a faculty member with an illness exhausts the current accumulated sick leave and has lapsed sick leave recorded to the faculty member's credit, additional sick leave shall be granted by the president upon valid medical documentation, to the extent required by the faculty member's illness, but not to exceed the total amount of lapsed sick leave. Sick leave may be used for maternity- related disability. The length of time shall be limited to the number of days that the attending physician certifies is maternity-related or the number of accumulated sick leave days, whichever is less. Sick leave may be taken in one-half (1/2) day increments. Faculty who have accrued a fractional day other than one-half (1/2) day may also use that fractional day.

One (1) additional day of sick leave allowance shall be credited to each unlimited faculty member who is employed full-time for a summer session or for four (4) or more extra weeks. If less than full-time, it shall be prorated.

Sick leave credited to a faculty member in advance is earned at the rate of ten (10) days per academic year. If a faculty member resigns or is dismissed for cause and has used more sick leave than has been earned, such faculty member shall reimburse the Employer for any such overpayment.

A faculty member who is reinstated or reappointed to the Minnesota community colleges within four (4) years from the date of resignation or retirement may, at the Employer's discretion, have the accumulated but unused sick leave balance restored and posted to the faculty member's credit provided such sick leave was accrued in accord with the provisions of this contract. However, upon reinstatement or rehire, a faculty member who has received severance pay shall either have the sick leave balance restored at sixty percent (60%) of the faculty member's accumulated but unused sick leave balance plus eighty-seven and one-half percent (87½%) of the faculty member's accumulated but unused sick leave bank or may buy back the total amount of sick leave previously paid off on severance by paying the college at the time of reinstatement or rehire the gross amount of dollars previously paid out.

Section 3. Bereavement Leave.

A faculty member shall be granted up to five (5) days of approved leave as necessary for bereavement purposes. Bereavement leave of up to five (5) days shall not be deducted from sick leave in the event of death in the immediate family or of death of any individual who is named a beneficiary in the TRA program. The term "immediate family" shall mean: spouse, parents, parents of spouse, guardian, children, grandchildren, brothers, sisters, grandparents or wards of the faculty member or of the faculty member's spouse. If additional bereavement leave is requested beyond the five (5) days for an "immediate family" member, the approved bereavement leave shall be deducted from sick leave. Upon consultation with the administration, bereavement leave for a faculty member for a person of a close relationship may also be approved and deducted from sick leave.

Section 4. Personal Leave.

Upon application and approval, each full-time faculty member will be granted two (2) days per academic year for use as personal leave. Personal leave may accumulate to eight (8) days but use shall not exceed three (3) days in any semester unless an emergency arises, in which case a fourth and/or fifth day may be used if approved by the college president. Personal leave may be taken in one-half (½) day increments. Faculty who have accrued a fractional day other than a one-half (1/2) day may also use that fractional day.

Section 5. Pro Rata.

The provisions of Section 2., Sick Leave, Section 3., Bereavement Leave and Section 4., Personal Leave above shall apply on a pro rata basis to all part-time faculty members in the bargaining unit.

Section 6. Advanced Degree or Certification Leave.

Upon application, a faculty member shall receive a leave of up to five (5) days to take written or oral exams for an advanced degree or certification.

Section 7. Legal Leave.

Upon application, a faculty member shall be excused from work for jury service or in response to a subpoena or other direction by proper authority. Such faculty member shall be paid regular pay. Payments received for jury service may be retained by the faculty member; however, fees received as a witness must be returned to the faculty member's college unless the witness service does not involve the use of legal leave.

Section 8. Military Leave.

Up to fifteen (15) working days leave per calendar year shall be granted to members of a reserve force of the United States or of the State of Minnesota and who are ordered by the appropriate authorities to attend a training program or perform any other duties under the supervision of the United States or of the State of Minnesota during the period of such activity.

Section 9. Accounting of Leave Status.

At the end of each fiscal year, an accounting of sick, personal and unpaid leave status will be provided to each unlimited faculty member by the faculty member's college. Upon request, temporary faculty shall also receive an accounting of their accrued leave.

Section 10. Leave Benefit Accumulations.

Leave benefit accumulations accrued on the basis of service prior to the signing of this contract shall be retained by the faculty member after such signing.