AVSTA CSEA-CONTRACT-March 9, 2022

12.2.10 If a unit member resigns, retires or is terminated and has used more sick leave than was earned, the amount used not earned shall be deducted from the final warrant of the unit member.

12.2.11 Members of the unit must notify the Agency of absence as soon as the necessity to be absent becomes known to the unit member.

12.2.12 Failure to comply with the request procedures for paid sick leave and return provisions may, at the discretion of the Agency, result in the unit member being denied payment for the day(s) of absence and/or the unit member being denied the opportunity to return and being placed on an unpaid status.

12.3

Leave for Pregnancy Disability:

12.3.1 Unit members are entitled to use sick leave as set forth in 12.2.1.1 and 12.2.5 for disabilities caused or contributed to by pregnancy, miscarriage, child birth, and recovery there from on the same terms and conditions governing leaves of absence from other illness or medical disability. Such leave shall not be used for child care, child rearing, or preparation for child bearing, but shall be limited to those disabilities as set forth above. The length of such disability leave, including the date of which the leave shall commence and the date on which the duties are to be resumed, shall be determined by the unit member and the unit member's physician. 12.3.2 Unit members are entitled to leave without pay or other benefits for disabilities because of pregnancy, miscarriage, childbirth, or recovery there from when sick leave as set forth in 12.2.1.1 and 12.2.4 have been exhausted. After all available paid leave is exhausted the employee will automatically be placed in an unpaid status pending Board action. The date on which the employee shall resume duties shall be determined by the unit member on leave and the unit member's physician. 12.4.1 During any school year a unit member may use, at his/her own election, not more than seven (7) days of accumulated sick leave benefits which have been earned pursuant to Education Code Section 45191 in the following cases of personal necessity: 12.4.1.1 Death of a member of his/her immediate family when the days of absence exceed three (3) days or five (5) days if out-of-state travel or more than two hundred (200) miles one way travel is required. Immediate family of a unit member is defined (as presented in the chart below – Article 12.5) 12.4.1.2 Accident, involving his/her person or property, or the person or property of a member of his/her immediate family as defined above, of such an emergency nature that the immediate presence of the unit member is required during his/her workday. Mechanical failure of a vehicle is not defined as an accident. 12.4.1.3 Acute illness of members of the unit member's immediate family, as defined above, when such illness requires professional treatment or hospitalization, and of such an emergency nature that makes it impossible or inadvisable for the unit member to carry out his/her duties. 12.4.1.4 Appearance in court as a litigant, or as a witness under an official order from another governmental jurisdiction for reasons not brought about through the initiation, connivance or misconduct of the unit member. Personal Necessity Leave:

12.4

12.4.1.4.1 The unit member shall furnish evidence of the court appearance to the immediate supervisor who shall in turn attach it to the time sheet.

12.4.1.5 Such other reason similar in nature to those described above, but not precisely described above, as determined and approved by the immediate supervisor.

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