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Article 20: Leaves

Collective Bargaining Agreement for Instructional Support

All leave is subject to the approval of the supervisor and shall not be unreasonably withheld. Employees are required to comply with department leave approval and call-in policies and procedures in order to obtain approval to utilize leave. Part-time employees are considered half-time for the purpose of leave accrual and shall accrue leaves on a pro rata basis subject to the other provisions contained in this agreement that pertain to leave. Part-time employees who are also employed at the College in a full-time capacity shall not earn leave as a part-time employee.

20.1 General Provisions

All leave is subject to approval of the College and such approval shall not be unreasonably withheld. No leave time may be used for a day for which the employee is not scheduled to work. Upon separation from CNM employment no leave time can be converted to a cash payment except as stated in the Employee Handbook and Article 23 of this agreement. Sick leave will not be approved for days upon which the employee previously requested to use personal leave and the leave request was not granted unless verifiable proof of illness or emergency is provided by the employee to the supervisor.

20.1.1

For the purposes of this article, "immediate family" shall mean the employee's spouse, domestic partner, child, stepchild, grandchild, parent, stepparent, sister, stepsister, brother, stepbrother, grandparent, son-in-law, daughter-in-law, sister-in-law, brother-in-law, mother-in-law, father-in-law, others who reside in the same household with the employee or a person in loco parentis (i.e., a person who is acting in place of the employee's parent or who is in the care of an employee acting in place of a parent).

20.1.2

Time spent by an employee on any approved leave shall be counted for seniority purposes.

20.1.3

Chargeable paid leave shall be made in one-half (1/2) hour increments. All employee absences shall be recorded and, where appropriate, debited on a one-to-one basis from accrued leave.

20.1.4

Chargeable leave shall not be made for time involved in a College closing or abbreviated schedules.

20.1.5

Once an employee is on an approved leave, the leave may be converted to another type of leave if the conversion request is approved in writing by the President or the President's designee.

20.1.6

Unless otherwise stated in this Agreement, all benefits earned by an employee on an accrual or credited basis shall be restored to an employee following the return of the employee from approved leave without pay. An employee shall continue to accrue benefits while on a paid leave of absence, but the employee shall not accrue benefits while on an unpaid leave of absence.

20.1.7

An employee shall continue to be eligible for all employee insurance programs while on a leave of absence. While an employee is on a paid leave of absence, the College shall continue to assume its share of premium costs.

20.1.8

Unless otherwise stated in this Agreement, an employee shall submit leave requests for approval to the employee's dean or dean's designee. All leave requests shall be subject to approval by the employee's dean or dean's designee.

20.1.9

An employee on any leave of absence with a duration of one term or less, shall be returned at the conclusion of the leave to the same position to which the employee was assigned immediately prior to the commencement of the leave. An employee returning from a leave of absence with a duration in excess of one (1) term shall be returned to the same or equivalent position, provided the employee is qualified to perform the work of the position. The position to which the employee is returned may or may not contain the same class schedule, work hours and/or location that was assigned to the employee prior to the leave.

20.2 Bereavement Leave

A maximum of three (3) days (calculated at eight hours per day for full-time staff and four hours per day for part-time staff) leave with pay shall be granted a full-time employee and part-time employee in the event of a death in the employee's immediate family. If additional leave is required, the employee may use other available paid leave as appropriate or leave without pay. Bereavement leave is not cumulative and shall not be deducted from accumulated paid leave. The supervisor may require verifiable proof of death.

20.3 Sick Leave

20.3.1

Sick leave with pay may be used by an employee for personal illness in the immediate family, subject to the limits set forth herein, or for the purpose of injury or quarantines.

20.3.2

A full-time employee shall accrue four (4) hours of paid sick leave per pay period worked to a maximum of 1362 hours or 227 days; a part-time employee will accrue sick leave proportionate to full-time employees in the bargaining unit based upon the hours worked per pay period. No leave is accrued for working beyond 40 hours per week.

20.3.3

A maximum of three (3) days of sick leave in succession may be used by an employee for illness of an employee's immediate family member. A physicians certification may be required at the discretion of the supervisor.

20.3.4

If the absence is due to a work-related injury or illness, the President may advance additional sick leave to the employee in an amount equal to the amount the employee would have accrued during the balance of the fiscal year only if there is a catastrophic illness to the employee or immediate family member. Requests for this benefit shall be submitted in writing to the President.

20.3.5

An employee who is absent because of personal or family illness may be required by the employee's supervisor to submit a physician's statement attesting to the illness.

20.3.6

Appointments for treatment by a physician or dentist are legitimate reasons for the use of sick leave. Prior arrangements for the appointments shall be made by the employee with the employee's supervisor and adequate documentation may be required. Employees are required to attempt to make such appointments in such a way as to be the least disruptive to the educational process.

20.3.7

Abuse of sick leave is sufficient reason for termination of employment or other disciplinary action.

20.4 Medical Leave

20.4.1

When an employee is unable to perform essential job functions because of a serious health condition, the employee shall be entitled to medical leave without pay under the Family and Medical Leave Act for a period not to exceed 12 weeks during any 12-month period. All Medical Leave must be approved through the Human Resources Department before the leave is taken. The 12-month period shall commence on the date the Medical Leave begins.

20.4.2

An employee on Medical Leave shall report to the employee's supervisor or designee every 30-calendar days.

20.4.3

If the employee participates in College insurance plans, the College will pay the employer's share of insurance premiums for up to 12 weeks.

20.4.4

The employee shall have all rights provided under the Family and Medical Leave Act.

20.4.5

An employee shall be eligible for a total leave of 12 weeks during any 12 month period subject to the conditions set forth in section 4.1 above and the conditions set forth in section 5.1 below. An employee shall not be allowed to exceed the 12-week total by combining the two leaves.

20.5 Family Leave

20.5.1

An employee shall be eligible, under the Family and Medical Leave Act, to up to 12 weeks of unpaid leave during any 12 month period upon the birth and care of the employee's child, placement of an adopted or foster child with an employee or care of an employee's spouse, child or parent in case of a serious health condition. All Family Leave must be approved through the Human Resources Department before the leave is taken. The 12-month period shall commence on the date the Family Leave begins.

20.5.2

An employee may substitute or may be required to substitute appropriate accrued leaves for any part of the 12-week period. Sick leave may be substituted only if the family leave is being used for care of the employee's spouse, child or parent in case of a serious health condition. Accrued paid annual and personal leave may be substituted in all cases of Family Leave.

20.5.3

The 12-month period referenced in 20.5.1 above shall commence on the date the Family Leave commences.

20.5.4

An employee shall be entitled to all rights set forth in the Family and Medical Leave Act.

20.5.5

If an employee participates in College insurance plans, the College shall pay the employer share of the insurance premiums for up to 12 weeks.

20.5.6

Where two (2) spouses are College employees, they shall be allowed a total of 12 weeks of Family Leave between them during any 12 month period for the birth or adoption of a child, the placement of a foster child or to care for an ill parent. If the leave is requested for either spouse's own serious health condition or the serious health condition of the couple's child, each spouse shall be entitled to separate Family Leave.

20.6 Personal Leave

The general purpose of personal leave is to provide employees, who do not accrue annual leave, paid leave to attend to personal business that cannot be scheduled outside the employees normal duty hours. Personal leave is not intended for vacations during the time that school is in session or employees are otherwise required to be in attendance.

20.6.1

Full-time employees receive 98 hours of personal leave annually; that amount is pro-rated for both full-time and part-time employees. All provisions of this Agreement that pertain to personal leave and other CNM leave policies and practices apply to this leave.

The parties recognize that these hours may be taken with the approval of the supervisor. The supervisors acknowledge the need for flexibility when granting this leave during the academic term and will work cooperatively in administering this leave. 

20.6.2

Personal leave may be taken, with proper approval, whether or not it has been accrued to the maximum amount for which an employee will become eligible during a given academic year. However, if the employee terminates employment before having accrued as much leave as has been taken, the employee shall be obligated to reimburse the College for unaccrued leave taken or the College may withhold from the employee's earnings an amount sufficient to liquidate the debt.

20.6.3

Personal leave requires advance approval by the dean or dean's designee and whenever possible should be taken when it does not interfere with the Colleges operational needs.

20.6.4

Not more than five (5) days (pro rated for part-time employees) of personal leave may be taken in succession.

20.6.5

Not more than four (4) days (pro rated for part-time employees) of personal leave granted but not taken during an academic year may be carried forward to the following academic year.  For additional personal leave granted but not taken, the employee receives payment at a conversion rate of one (1) day's pay for four (4) days of leave. To accommodate the increased possibility of extenuating circumstances or contingencies that may arise as the result of the coronavirus pandemic, this provision shall not be in effect at the end of Academic Year 2019-2020, enabling employees to carry over personal leave beyond four (4) days during Academic Year 2020-2021 only. The parties acknowledge that this is a one-time occurrence for the purpose of handling unforeseen contingencies of an emergency nature, and that this proviso is not intended to automatically increase the number of days employees request to be off when they are scheduled to provide instructional support.

20.6.6

Use of personal leave is not allowed except under emergency circumstances during staff development days and during the first five (5) or last five (5) instructional days of a term, unless an exception is approved by the dean, the dean’s designee, and/or the supervisor.

20.7 Professional Leave

Professional leave with pay may be granted for participation in College-related professional activities upon the approval of the Vice-President for Academic Affairs or designee.

20.8 Court Leave

20.8.1

An employee shall be granted leave with pay for service or appearance at a legal proceeding including jury duty or a response to a subpoena or other legal proceeding that requires the employee's absence from duty for other than personal matters. The employee shall make arrangements with the College for the endorsement by the employee to the College of any per diem check received from the court. Amounts received for mileage and expenses may be retained by the employee.

20.8.2

An employee who needs to appear at a legal proceeding to assert or protect the employee's own interests may be eligible to use accrued paid personal leave for these purposes. If the employee does not have accrued paid personal leave, the employee may be eligible to use leave without pay.

20.8.3

Paid personal leave may not be used by an employee pursuing a claim or called to testify against the College.

20.9 Military Leave

An employee shall be granted up to 15 days of paid military leave per year if the employee is required to report for service with any branch of the United States Armed Forces, including the National Guard or Reserves. If the military pay is less than an employees salary during the leave period, the College will pay the difference.

20.10 Leave Without Pay

20.10.1

An employee may be granted an unpaid leave of absence outside the Family Medical and Leave Act. Such leave is solely at the discretion of the College and shall not be granted for the purpose of employment with another employer.

20.10.2

Upon return from the leave, the employee may be reassigned to an equivalent position within the bargaining unit if a budgeted vacancy in the same department exists.

20.10.3

The leave shall not exceed one (1) year.

20.10.4

An employee with less than three (3) years of service with the College who takes this leave may continue enrollment in College insurance plans provided the employee pays 100% of the insurance premiums during the time spent on the leave. This provision applies only if the employee is participating in the Colleges insurance programs at the time the leave without pay is requested.

20.10.5

An employee with three (3) years or more service with the College who takes this leave may continue enrollment in the College's insurance plans by paying in advance the employee's share of the insurance premium for the first 105 calendar days of the leave. For a leave extending beyond 105 calendar days, the employee on leave shall pay 100% of the premium costs in order to remain enrolled with the College's insurance plans.

20.11 Absence Without Leave:

20.11.1

An employee's failure to notify the College of an absence for three (3) or more consecutive work days shall be regarded as abandonment and a voluntary resignation by the employee except as provided herein.

20.11.2

The requirement set forth in 20.11.1 above shall only be waived when the College is convinced the employee was prevented from providing notification by events beyond the employee's control. As a condition for reinstatement, the employee shall be required to demonstrate that notification was