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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 36 Banked Load and Banked Load Leaves

36.1 Definition

Banked load leave is leave which is earned and results from an accumulation of overload, summer and/or wintersession assignments which the member has chosen to “bank” rather than receive payment.

Time spent on banked load leave shall be treated as any other paid leave with regard to continuance of fringe benefits, including retirement, and shall not be considered a break in service of the member. (Reference: Education Code §87790)

36.2 Eligibility

Eligibility of members to receive and bank overload assignments is specified in Article 17.5; eligibility of members to receive and bank summer and/or winter session assignments is specified in Article 18.8.

36.3 Request To Bank An Overload Assignment

Each member shall be allowed to maintain two separate banks subject to eligibility requirements: a Regular Bank and a Pre-retirement Bank, each to be described later in this Article. An assignment to be banked must be identified by the member at the time the contract is signed. Each contract shall include a section directing the member to indicate 1 of 3 options: be paid for the assignment, bank the load in the member’s regular bank, or bank the load in the member’s pre-retirement bank.

If both of the member’s banks are at their maximum accumulation limit (described later in this Article), the member may no longer request that assignments be banked— if the member submits the contract with a request to bank, the member shall be notified by Human Resources and Human Resources shall direct the Payroll Department to pay the member for the assignment.

Human Resources shall keep track of the accumulated banked load in each bank and shall report the accumulated balances of each bank to the member annually. However, before applying for any banked load leave, the member should verify their accumulated banked load balances with Human Resources.

36.4 Regular Bank

36.4.1 Maximum Accumulation

Load in the member’s regular bank may be accumulated up to a limit of 2.0, which is currently the equivalent of a full load for one contract year per Article 17.3. For counselors, librarians or others accumulating overload on an hourly basis, a full load for one contract year shall be defined as 1050 hours (a full semester load being defined as 525 hours.)

36.4.2 Full Semester Leave

A member may withdraw 1.00 load (which is currently the equivalent of a full load for one semester) from their regular bank and take a full semester leave. A member may take only one full semester leave in any time period. A time period starts when a member returns from a full semester banked leave and extends for a minimum of five (5) years.
Partial leaves (as described in Article 36.4.3) may be taken during the five-year period.
Members on full semester leave shall be paid at their full-time pay rate in effect at the time the leave is taken. Members on full semester leave shall be ineligible to teach overloads during the regular academic year. (See Article 17.5)

38.4.3 Partial Leave

Any withdrawal from the bank of less than 1.00 to fulfill a member’s full semester load requirement of 1.00 is considered a partial leave.

a. Planned. A member may request a schedule that results in the member having less than a 1.0 load—the member shall then request a withdrawal from the regular bank to balance out their load to a full load. A member may make partial leave withdrawals from their regular bank up to a maximum of two times in any five year period.

b. Unplanned. As described in Article 17.4, a withdrawal from the member’s regular bank is one option for the member to balance an unplanned underload. No overload may be paid or banked while a member has an unresolved underload.

38.4.4 Banked Load Leave Application Procedures

38.4.4.1 Full Semester and Planned Partial Leaves

An Application for Banked Load Leave form is available from the Human Resources Department and must be submitted by the member requesting the banked load leave to the appropriate Department Chair or appropriate supervising administrator by the third Friday of the semester prior to the semester in which the leave is to be taken.

The Application for Banked Load Leave must be reviewed by the Department Chair, or appropriate supervising administrator, who shall provide an analysis of program impact including recommendations for alternative coverage.

Approval of leaves shall be contingent in part upon the ability of the department to maintain its offerings. Additionally, at least 50% of the regular/contract members of a department should be on duty each semester.

In departments receiving multiple applications for banked leave and/or if more than fifty percent (50%) of a department applies for banked load leave, approvals shall be based on the following criteria: 1) availability of replacements, 2) prior applications and rejections, and 3) departmental seniority, with priority given to those members who have not taken a banked leave within the past five (5) years.

Based on the analysis of program impact, the Department Chair, or appropriate supervising administrator, must make a recommendation of approval or denial of the banked load leave and must sign the Application form. If denied, the Department Chair must notify the member, in writing, of the rationale for denial.

If approved, the Application form shall be reviewed by the Division Chair, who must make a recommendation of approval or denial of the banked load leave and must sign the Application form. If denied, the Division Chair must notify the member, in writing, of the rationale for denial. If approved, the Application form shall be reviewed by the Vice-President, who must make a recommendation of approval or denial of the banked load leave and must sign the Application form. The Vice-President’s review should be completed by the seventh Friday of the semester prior to the semester in which the leave is to be taken. If denied, the Vice-President must notify the member, in writing of the rationale for denial.

If approved, the Application for Banked Load Leave shall be forwarded by the appropriate Vice-President to Human Resources for processing.

Upon completion of the banked load leave, Human Resources shall then make the appropriate withdrawal from the member’s regular bank.

If denied at any point in the review process, the member shall be given the rationale for the denial in writing. A member requesting use of a banked load leave should not be turned down for such leave more than once by the college. Within five (5) days of notification of denial of a banked load leave request, the member may appeal to the college President. The decision of the college President is final.

38.4.4.2 Unplanned Partial Leaves

If a member chooses to make a withdrawal from his/her regular bank to balance an unplanned underload, the member should request an Application for Banked Load Leave form from Human Resources. After completing the form, the member should forward the form to the appropriate Vice-President, to notify the Vice-President that the underload has been resolved. The Vice-President should then forward the form to Human Resources. Human Resources shall then make the appropriate withdrawal from the member’s regular bank.

38.4.5 Regular Bank Cash Out Procedures

A member may choose to cash out any load in their regular bank as described in Article 36.6.

38.4.6 Use of Regular Bank for Retirement

Under certain conditions, unused regular bank may be used in conjunction with certain types of early retirement leaves immediately preceding the member’sretirement date. These leaves, including eligibility requirements and application process, are described in Article 15.

36.5 Pre-Retirement Bank

36.5.1 Description

The Pre-retirement Bank was established as one means of encouraging members to do some significant planning in anticipation of their retirement and to ease the transition into this new life phase. The Pre-retirement Bank may be utilized by the member to take one of several types of early retirement leaves immediately preceding their retirement date. These leaves, including eligibility requirements and application process, are described in Article 15 of this contract.

36.5.2 Maximum Accumulation 

Load in the member’s pre-retirement bank may be accumulated up to a limit of 2.0 (a full load for one academic year.) If the member’s regular bank has a zero accumulated balance and the member has not submitted an Application for Pre-Retirement Leave, the load in the member’s pre-retirement bank may be used for a full semester leave or a partial leave as described in Article 36.4 above—upon submission of the Application for Banked Load Leave to Human Resources, the appropriate load shall be deducted from the member’s Pre-Retirement Bank.

36.6 Banked Load Cash Disbursement Provisions

36.6.1 Description

Banked load not used for the specific purposes described earlier in this article may be converted to cash disbursement as follows:

36.6.2 Active Members

Any amount of accumulated banked load (regular and/or pre-retirement) removed from banked load status for cash shall be paid at the prevailing associate faculty rate. (The cash disbursement chart does not apply.) Prevailing associate faculty rate refers to a member’s placement on the associate faculty salary scale at the time a banked load cash disbursement is made. The member must submit a request in writing to Human Resources.

36.6.3 Severance from Faculty Employment

Effective July 1, 2007, any unused banked load of members who resign from faculty employment shall be paid in accordance with the cash disbursement chart below. In the event of the death of a member, the unused banked load of the member shall be paid to the member’s estate in accordance with the cash disbursement chart below. 

Any former members who have been appointed to a permanent administrative position within the District shall be paid for their unused banked load per the cash disbursement chart below.

Cash Disbursement Chart
To be used in the event of a member’s severance from faculty employment or in the event of the member's death:

Accumulated Banked Load Pay Rate
(pre-retirement and/or regular bank)
Less than 1.0 Prevailing associate faculty rate for that member
1.0 (whole number) The member’s current full-time salary
Greater than 1.0, but less than 2.0 First  1.0 at  member’s current full-time salary, excess over 1.0 at prevailing associate faculty rate for that member
2.0 (whole number) The member’s current full-time salary
Greater than 2.0 First 2.0 at member’s current  full-time salary, excess over 2.0 at prevailing associate faculty rate for that member