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Article 16: Leaves

Collective Bargaining Agreement for Security Employees

16.1 General Provisions

All leave is subject to supervisory approval. No leave time may be used for a day for which the employee is not scheduled to work. No leave time can be converted to a cash payment to the employee except in accordance with Article 16.12.3 or when employment is terminated. Sick and personal leave will not be approved for days upon which the employee previously requested to use annual leave and the leave request was not granted unless verifiable proof of illness or emergency is provided by the employee to the supervisor.

16.1.1

Immediate family: The immediate family of an employee is the spouse or 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 or others who reside in the same household with the employee, or a person in loco parentis (a person who is acting in place of a parent or who is in the care of a person acting in place of a parent).

16.1.2

Chargeable leave: sick leave, personal leave and annual leave.

16.1.2.1

Chargeable leave will be in one-half-hour increments.

16.1.2.2

Once an employee is on approved leave, the leave may not be converted to any other type of leave without the written approval of the vice president.

16.2 Bereavement Leave

16.2.1

Three days of leave with pay may be granted to an employee for death in the immediate family of the employee calculated at eight hours per day for full time employees and four hours per day for part time employees. If additional leave is required, the employee may take annual or personal leave or leave without pay. Bereavement leave is not cumulative, nor is it deducted from an employee's sick leave. The supervisor may require verifiable proof of death and proof that the decedent is an immediate family member.

16.3 Illness in Immediate Family

16.3.1

Up to three days of sick leave in succession may be used by a full-time employee for illness of a member of the immediate family. A supervisor may request documentation by the attending physician. For leave extending beyond three days in succession, see section on Family Leave.

16.4 Sick Leave

16.4.1

Sick leave is regarded as an employee benefit and is intended to be used for relief in cases of personal illness, injury or quarantines.

16.4.2

Full-time employees will accrue four (4) hours of sick leave per biweekly pay period. 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.

16.4.3

For the purposes of sick leave accrual, paid leave and time off due to holidays will be considered time worked.

16.4.4

Sick leave days may be accumulated not to exceed two hundred and sixty (260) days.

16.4.5

Employees who have exhausted all paid leave due to the serious illness or injury of a qualified individual, may be eligible for salary and benefits continuation under the colleges' catastrophic leave donation program.

16.4.6

Employees who are on sick leave for more than three (3) consecutive days, or when the immediate supervisor has reason to believe that the employee has used sick leave excessively or improperly, may be required to provide a doctors certificate in order to be paid for such absence.

16.4.7

Patterns of sick leave usage, such as but not limited to, the days before or the days after normal days off, holidays or use of leave for vacation may be considered abuse of leave and may result in disciplinary action up to and including termination.

16.5 Payment for Accrued Sick Leave

16.5.1

Employees shall be eligible for payment of accrued sick leave in accordance with the Employee Handbook.

16.6 Medical Leave

16.6.1

When a full-time employee is unable to perform essential job functions because of a serious health condition, the employee is 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. The employee may substitute appropriate accrued leaves for any part of the 12-week period.

16.6.1.1

Medical certification is required.

16.6.1.2

An employee on medical leave must report to the supervisor every 30 days.

16.6.1.3

If the employee participates in College insurance plans, the College will pay the employer share of insurance benefits for the length of the leave up to 12 weeks.

16.6.1.4

The employee will have the rights set out in the Family and Medical Leave Act.

16.6.1.5

An employee is eligible for up to 12 weeks of medical leave under this section, up to 12 weeks of Family Leave under Section 16.7, or a combination of both totaling 12 weeks. In no event shall an employee be eligible for more than 12 weeks of medical and/or family leave taken under Section 16.6 and/or Section 16.7 in any 12-month period.

16.7 Family Leave

16.7.1

Under the Family and Medical Leave Act, full-time employees are entitled to up to 12 weeks of unpaid family leave during any 12-month period upon the birth and care of the employees child, placement with the employee of an adopted or foster child, or care of the employees spouse, child or parent in case of a serious health condition.

16.7.1.1

The employee may substitute appropriate accrued leaves for any part of the 12-week period.

16.7.1.1.1

Sick leave may be substituted only if the family leave is being used for care of the employees spouse, child or parent in case of a serious health condition.

16.7.1.1.2

Accrued paid annual leave and personal leave may be substituted in all cases of family leave.

16.7.2

The 12-month period referred to in this section shall commence on the date the family leave begins.

16.7.3

The employee will have the rights set out in the Family and Medical Leave Act.

16.7.4

If the employee participates in College insurance plans, the College will pay the employer share of insurance benefits for the length of the leave up to 12 weeks.

16.7.5

Where two spouses are College employees, they shall be allowed a total of 12 weeks of family leave between them in any 12-month period for the birth or adoption of a child or placement of a foster child or to care for an ill parent. If the leave is requested for either spouses own serious health condition or the serious health condition of the couples child, each spouse shall be entitled to separate family leave.

16.7.6

An employee is eligible for up to 12 weeks of Family Leave under this section, up to 12 weeks of Medical Leave under Section 16.6, or a combination of both totaling 12 weeks. In no event shall an employee be eligible for more than 12 weeks of family and/or medical leave taken under Section 16.7 and/or Section 16.6 in any 12-month period.

16.8 Personal Leave

16.8.1

One (1) day (eight hours) of personal leave per fiscal year with pay shall be granted to full-time employees.

16.8.2

Personal leave may be taken with the approval of the Director of Security.

16.8.3

Unused personal leave will be converted to sick leave at the end of the fiscal year.

16.9 Assault Leave

16.9.1

Employees who suffer a loss of time resulting from an injury or disability caused by an assault while acting within the scope of their duties are eligible for sick leave, annual leave, personal leave, leave without pay and/or Workers Compensation.

16.10 Court Leave

16.10.1

Leave with full pay shall be granted an employee for court legal process including jury duty, response to subpoena or other legal process which requires an absence from duty for other than personal matters. Leave with pay will not be granted to an employee pursuing a claim or called to testify against CNM.

16.10.2

Leave without pay may be granted to an employee to appear in court to assert or protect the employee's own interests.

16.10.3

To avoid double payment, the employee shall make suitable arrangements to turn over any compensation received from the legal proceeding to the College. Compensation shall not include mileage payments.

16.10.4

An employee shall notify his/her supervisor on his/her first workday after receipt of a notice to report for jury duty and shall furnish satisfactory evidence that jury duty was performed and the amount of compensation received for such service on the days for which payment is claimed.

16.10.5

If an employee is notified to do so by his/her supervisor when he/she is excused from jury service either temporarily or permanently, on any scheduled workday, the employee shall promptly report to complete any remaining hours of his/her scheduled workday; provided, no employee shall be required to so report for work on any day on which he/she has served and been compensated by the court for at least eight (8) hours jury duty; nor shall any employee who reports back to work under this section be required to work more than ten (10) hours, less the number of hours for which he/she served and was compensated for by the court on that day.

16.11 Military Leave

16.11.1

Military Leave will be administered in accordance with Federal and State Law.

16.12 Annual Leave

16.12.1

Regular full and part-time employees will accrue annual leave in accordance with the incremental schedule contained the Employee Handbook. Policies pertaining to annual leave will also be managed in accordance with the Employee Handbook.

16.12.2

When an employee's vacation is interrupted by hospitalization, which has been verified by a physician, such interrupted vacation leave shall be rescheduled at a time mutually agreeable to the supervisor and the employee. Such period of illness shall be charged to available sick leave.

16.13 Absence Without Leave

16.13.1

Employees who are to be absent from work shall call their supervisor in accordance with work place practices and procedures in effect or instructions from their supervisor. Employees shall be provided with copies of the procedures for calling their supervisor. Failure to follow procedures, practices or instructions may result in denial of leave approval and/or disciplinary action.

16.13.2

Failure of an employee to notify the College of an absence for more than three (3) consecutive days will be considered job abandonment and treated as a voluntary resignation. The requirement to notify may be waived in the event that the College determines the employee was unable to give proper notification by events beyond the employees control, and that notification was given as soon as possible.

16.13.3

Work place absences are subject to the approval of the supervisor

16.14 Leave Without Pay

16.14.1

The College may grant leave without pay outside the Family and Medical Leave Act when the leave can be granted without detrimental effect on the College.

16.14.2

The College reserves the right to assign such an employee to an alternate position of the same grade at the conclusion of such leave if the position must be filled during the absence and is not vacant at the conclusion of the leave.

16.14.3

Reasons for leave without pay may include, but are not limited to, extended parental leave, illness in the immediate family, extended sick leave, extended personal leave, part-time leave, and leave for Coalition business.

16.15 Professional Leave

16.15.1

Professional leave is provided for professional development, professional organizational activities, and CNMI-related professional activities.

16.15.2

An employee may be granted this leave without the loss of pay when (1) serving as a representative of CNM or (2) attending conferences, workshops, meetings, seminars or other activities related to the employees assignment.

16.15.3

Application for such leave shall be made to the Director and is subject to the approval of the Vice President for Administration.

16.15.4

Granting of such leave shall not be considered precedent.