A. Eligible Leaves
As set forth below, the School will provide an unpaid leave of absence to Employees as follows: for maternity, childcare, care of an adopted child, care of a sick member of the Employee’s family, for restoration of an Employee’s own health. The School may grant, and will not unreasonably deny, leaves of absence for adjustment of personal affairs such as, but not limited to, settling the affairs of a family business on the death or incapacitation of the family member in charge. For purposes of this article, a family member includes, but is not limited to, an Employee’s spouse, domestic partner, child, parent, sister or brother, stepchild, grandparent, grandchild, or the parent, child, or sibling of the Employee’s domestic partner.
“Domestic Partner” is a person at least eighteen (18) years of age and mentally competent to consent to contract with whom the Employee has lived in the same residence for at least one (1) year and with whom the Employee has an exclusive mutual commitment similar to marriage. The Employee may not be married to anyone else or have another domestic partner.
B. Leaves Without Pay
The applications for and granting of such leaves of absence shall be in writing to the School. Applications for discretionary leaves shall be given careful consideration and any denial will be set forth in writing with reasons on the basis of the best interest of the organization.
Employees on leaves without pay shall be permitted to participate in the School’s health and welfare insurance programs as required by the Consolidated Omnibus Budget Reconciliation Act (“COBRA”). An Employee on such a leave shall notify the Principal by April 1st of the school year as to his or her intent to return to employment in the school for the following school year. Failure to notify may be considered an abandonment of position and forfeiture of all insurance benefits.
C. Child Bearing Preparation and Child Rearing
Employees may use their accrued sick leave for purposes of preparation for child birth, post-birth bonding or adoption. Upon exhaustion of their accrued sick leave, Employees may request the donation of additional leave time from other Bargaining Unit Members. The donated leave will be deducted from the accrued personal sick leave of the Employee who donates it. No Employee may contribute more than one (1) additional day of leave per incident. The total amount of paid leave for purposes of preparation for child birth, post-birth or adoption shall be limited to a maximum of two-hundred (200) days.
Notwithstanding any other section of this article, receipt of donated leave is contingent upon the agreement of the recipient of such donated leave returning for a minimum of one (1) additional year of employment at GDNYC. This condition may be waived by the mutual agreement of the Parties.
Upon the exhaustion of accrued and donated sick leave, leave without pay shall be granted to a unit member for preparation for child bearing, for child rearing, or adoption. Such leave, inclusive of any paid leave for this purpose, shall not exceed ten (10) months.
Insurance benefits will continue for the duration of the leave, for a maximum of six (6) months, at the same level and conditions as if the Employee had continued to work.
If an Employee is on leave for child bearing or child rearing and in the event of a miscarriage or death of child subsequent to childbirth, the Employee may request an immediate assignment to a unit position. If there is no vacancy for which an Employee is qualified, the Board will assign the Employee to a position as soon as practicable.
D. Family Care and Medical Leave
Under state and federal law, unit members who have served the School more than twelve (12) months and have at least 1,250 hours of service with the School during the previous twelve (12) month period, have the right to an unpaid family care and medical leave of up to twelve (12) work weeks in a twelve (12) month period for the birth of a child, for the placement of a child for adoption or foster care, for the serious health condition of their child, parent or spouse, or for their own serious health condition which makes them unable to perform their job. When granting this leave, the School guarantees reinstatement to the same or a comparable position at the end of the leave, subject to any exceptions or limitations provided by law.
If possible, at least thirty (30) calendar days written advance notice must be provided for foreseeable events such as the expected birth of a child or the planned medical treatment of yourself or a family member. For events which are unforeseeable thirty (30) days in advance, the School must be notified as soon as practicable. Failure to comply with these notice rules is grounds for, and may result in, denial or deferral of the requested leave until this notice policy is complied with.
E. Miscellaneous Leaves Without Pay
Upon recommendation of the Board President and approval by the Board, leave without compensation may be granted for a period not to exceed one (1) school year for the following purposes: care for a member of the immediate family who is ill, long-term illness of the unit member, service in an elected public office, educational travel, professional study or research or public service. Extension of such leaves may be granted at the sole discretion of the Board.
F. Military Leave
GDNYC shall grant a military leave of absence to any employee who must be absent from work due to service in the uniformed services in accordance with the Uniformed Services Employment and Re-Employment Rights Act of 1994 (“USERRA”). All employees requesting military leave must provide advance written notice of the need for such leave, unless prevented from doing so by military necessity or if providing notice would be impossible or unreasonable.
If military leave is for thirty (30) or fewer days, the School shall continue the Employee’s health benefits and full salary. For service of more than thirty (30) days, employee shall be permitted to continue their health benefits at their option through COBRA. Employees are entitled to use accrued vacation or paid time off as wage replacement during time served, provided such vacation/paid time off accrued prior to the leave.
The School will reinstate those employees returning from military leave to their same position or one of comparable seniority, status, and pay if they have a certificate of satisfactory completion of service and apply within ninety (90) days after release from active duty or within such extended period, if any, as required by law. Exceptions to this policy will occur wherever necessary to comply with applicable laws.
G. Bereavement Leave
An Employee shall be granted a leave of absence for the death or imminent death of any member of the immediate family without loss of pay or benefits or deduction from other leave benefits. This leave shall be for three (3) days, unless travel of more than two-hundred (200) miles is required; in such case the length of the leave shall be for five (5) days. In order to qualify to be paid under this provision, Employees must notify the School in advance that they wish to take time off in accordance with this provision. At its discretion, the School may wish to see evidence of the death of family member such as a death certificate.
H. Jury and Witness Duty
Employees shall be granted leave, without loss of pay or benefits, for up to ten (10) school days to appear in court as a witness, other than as a litigant, or to respond to an official order from duly authorized government agencies, or to serve as a juror. The Employee is expected to notify the School promptly upon receipt of notice of a specific date of duty as a juror or a subpoenaed witness and to return to work whenever not required for duty as a juror or a subpoenaed witness and when it is concluded.
I. Religious Observance
Teachers shall be permitted to use sick days for religious holidays that are not-observed by the School. If an employee has no sick days available, additional religious observances may be granted as unpaid leave at the School’s discretion.