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Effective July 1, 2014 through June 30, 2017

This contract is an agreement between Association of College Educators, AFT Local 6554 and West Valley-Mission Community College District.

Article 28 Sick Leave

28.1 Accrual rate

Members shall be granted sick leave accrued at the rate of thirty (30) hours (6 hours per monthly pay period) per academic semester. Members on an 11-month contract shall be granted an additional 6 hours and members on a 12-month contract shall be granted an additional 12 hours.

28.2 Must be actively employed

Members must be in active employment or on paid leave to earn or use sick leave. A regular/contract member on leave without pay retains accrued sick leave but shall not accrue additional days during such absence.

28.3 Annual statement

Sick leave days shall be maintained by the Human Resources Department and, each member shall receive an annual statement regarding their sick leave account.

28.4 Crediting

A member’s sick leave accrual shall be credited at the beginning of each fiscal year. At the time a member separates from the District, the District shall deduct the amount of any used, but unearned, sick leave from the member’s final salary warrant.

28.5 New members

All new members shall be credited with unused accrued sick leave that was accrued in another California school district immediately preceding employment. The member must provide the District with proof of such accrual within six (6) months of their date of hire unless a formal agreement for extension has been agreed to in advance. Human Resources shall notify the member when the previously accrued sick leave has been credited to their account. (Reference: Ed Code Sec §87782.)

28.6 Unused sick leave

Any unused accrued sick leave shall be accumulated indefinitely. No accrued sick leave shall be paid at the time of separation from the District. However, STRS does allow unused accrued sick leave to be used at retirement for service credit. (Reference Ed Code Sec §22717.)

28.7 Overload assignments

Additional sick leave shall be accumulated for full-time members with overload assignments per Associate Member Article 103.

28.8 Deductions

A member’s absence, whether from regular assignment or overload assignment, shall be charged against the member’s sick leave accumulation. The actual amount of sick leave charged shall be based on the actual hours missed (not including office hours) and the load base of the class/assignment. The Sick Leave Computation Table defines the calculations for sick leave:

Lecture based load (16.4)* Actual Hours Missed x 1.83
Lab based load (19.7)* Actual Hours Missed x 1.523
Lab based load (21.9)* Actual Hours Missed x 1.371
Lab based load (23.0)* Actual Hours Missed x 1.305
Lab based load (26.3)* Actual Hours Missed x 1.141
Non-instructional (hour-based) load (32.8)* Actual Hours Missed x .915


* Based on the load chart per Article 17.

Example: An instructor is out for a day in which he she misses 4.5 class hours. If the load base of the class is 16.4 hours per week (Article 17.2), the sick leave hours to be recorded are 4.5 x 1.83 =8.235.

28.9 Doctor's note

If the member’s absence exceeds three (3) consecutive days, the President or designee may require a statement from the member’s physician that the member is able to fully perform job duties upon return from illness or injury leave.

28.10 Use for family members

A faculty member may use, in any calendar year, accrued sick leave, in an amount not more than the amount earned in half a year of employment, to attend to the illness of a faculty member’s child, parent, spouse or domestic partner or domestic partner’s child. (Labor Code 233)

28.11 Exhausted sick leave

Members who have exhausted their sick leave and are absent from work due to illness or injury for a period of five (5) school months or less shall have compensation deducted monthly in an amount equal to the amount actually paid to one or more temporary substitutes who fill the position during the absence. Such deduction shall not exceed the sum actually paid or, if no temporary or substitute employee is hired, the amount which would have been paid had a temporary or substitute been hired. Reference: Education Code Section §87780.

28.12 Substitutes

Refer to Article 13.9 regarding the available options when one member substitutes for another member.

28.13 Catastrophic Sick Leave Donation

Regular members have the option to donate accrued sick leave to another employee when that employee or a member of his or her family suffers from a catastrophic illness or injury as defined by and in accordance with Board policy, administrative procedures and the requirements of Ed Code §87045.

28.14 Medical Emergencies

As a result of a doctor-verified medical emergency, the college President or designee may waive contract deadlines to allow the faculty member to request a banked load leave to be used in lieu of sick leave.