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Support Staff 2008-2009

Memorandum Of

Understanding

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Gilbert Public Schools Statement on Sexual Harassment

Sexual harassment is a form of discrimination in employment and educational opportunities on the basis of sex. It is prohibited by Title VII of the federal Civil Rights Act of 1964, by Title IX of the Education Amendments of 1972, by the Arizona Civil Rights Act ad by District policy. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This includes employee to student actions, student to employee actions, employee to employee actions and student to student actions. If you feel you have been sexually harassed or you know someone who has been sexually harassed, you are encouraged to report it immediately to your supervisor and/or to the Assistant Superintendent for Human Resources. Sexual harassment by District employees will not be tolerated and will result in disciplinary action.

The Support Staff Memorandum of Understanding is applicable to all GPS Support Staff with the exception of VIK

employees.

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Gilbert Public Schools Support Staff Memorandum of Understanding

2008 - 2009 School Year

TABLE OF CONTENTS ARTICLE TITLE PAGE 1. Statement of Employment……………………………………………… 3 2. New Employees…………………………………………………………. 3 3. Probationary Period…………………………………………………….. 3 4. Job Openings ……………………………………………………………. 4 5. Contract Lengths………………………………………………………... 5 6. Administrative Transfers………………………………………………. 5 7. Evaluations…………………………………………………………….… 5 8. Resignations…………………………………………………………….. 5 9. Incentive Plan/Professional Development ………………………….. 6-7 10. Pay Increase/Step Increment...………………………………………... 7 11. School Year Work Hours………………………………………….…… 7-8 12. Time Clocks……………………………………………………………... 8 13. Compensatory Time - - Regular (Time and A Half)………………… 8 14. Year-Round Contracts for Nine (9) and Ten (10) Month Employees.. 8-9 15. Paid Holidays…………………………………………………………... 9 16. Vacations………………………………………………………………… 9 17. Group Insurance. ……………………………………………………... 10 18. Leave of Absence………………………………………………………. 10-17 19. Industrial Leave………………………………………………………… 17-18 20. Medical Leave Buy Back………………………………………………. 19 21. Classified Re-Employment……………………………………………. 19 22. Conference Attendance………………………………………………... 19 23. Work Related Travel…………………………………………………… 20 24. Admission to Athletic Events…………………………………………. 20 25. Safety and Health………………………………………………………. 20 26. Substitute Employees …………………………………………………. 20 27. Part-Year Employees…………………………………………………… 20 28. “On-Call” Employees………………………………………………….. 20 29. Staff Voluntary Transfer of Accrued Medical Leave……………….. 21 30. Longevity……………………………………………………………….. 22

31. Phased Retirement………………………...…………………………... 22-23 32. Gradation Appeal Process……………………………………………. 24

33. Grievance Regulations………………………………………………... 24-26 34. Evaluation Instrument.……………………………………………….. 26 Appeal Worksheet Gradation Schedule Support Staff Salary Schedule Support Staff Work Calendar

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1. STATEMENT OF EMPLOYMENT 2008-2009

Each Support Staff employee shall be given a Statement of Employment form no later than June 30 of each year. It is the intent of the district that a Statement of Employment will be delivered to each Support Staff Employee prior to the end of the student school year. The following information will be included: 1. Hourly rate 2. Grade 3. Step 4. Days (including holidays) 5. Dates of Employment 6. Contract Calendar 2. NEW EMPLOYEES New district employees, employed to fill vacancies within the Support Staff personnel of the district, shall be assigned job descriptions consistent with their respective positions, titles, and responsibilities. Testing of employees may be required at the supervisor's discretion. Employees new to the District may be placed, after successfully completing the probationary period of either a sixty (60) or a one hundred twenty (120) work day probationary period, on Step 2 of the salary schedule based upon their experience. The Executive Director of Human Resources has the authority to place employees new to a position on the salary schedule greater than step 1 based on previous experience for exemplary candidates, difficult to fill or critical positions. To be considered for this increase in step placement, the past job related experience must be at least one year in length. The request must be in writing by the employee to the Assistant Superintendent for Human Resources for approval. New employees hired before the first day of February will be eligible for a full step increment the following fiscal year (July 1) if the step is granted by the Governing Board. During a year when there is no step increase, no advancement to Step 2 will take place. All new employees must be fingerprinted before they are assigned. Gilbert Public School is participating in the E-Verify Program, in order to comply with Federal regulations for employment eligibility. All new hires to GPS after January 1, 2008 will be e-verified for employment eligibility. The assignment will not take place until the information from the fingerprint check is reviewed by the Support Staff Personnel Office. If job position has been regraded to a higher grade for the current year, no additional steps will be granted for employees new to the district after completing a sixty (60) or a one hundred twenty (120) work day probationary period. 3. PROBATIONARY PERIOD Employees hired new to the District in 2008-2009 shall be employed for a sixty (60) or a one hundred twenty (120) work day probationary period. Upon completion of the probationary period and satisfactory evaluation, the employee will be granted regular employment status. Under extenuating circumstances, the Assistant Superintendent may extend the probationary period an additional sixty (60) work days. The following positions will be on a probationary status for a one hundred twenty (120) work day period: accounts payable manager, auditorium manager, building maintenance foreman, bus driver training supervisor, certified occupational therapy assistant, computer programmer, computer repair manager, copier assistant, copier technician, district health/homebound coordinator, food service manager-elementary, food service manager-secondary, food service manager in training, food service assistant manager, grounds supervisor, maintenance foreman, manager of purchasing, transportation foreman, transportation site supervisor, warehouse foreman, supervisor/auditorium facilities, supervisor/fleet maintenance, supervisor/regular routes, supervisor/special needs routes, food service supervisor, and payroll manager.

An employee may be dismissed without prior notice or obligation during the probationary work period.

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4. JOB OPENINGS When a vacant or new position is available, the following procedures shall be followed:

1. Support Staff employees will be notified of the opening on a job hotline (480-497-3330) and such positions will be posted on the bulletin board in the educational complex building. These postings will be posted a minimum of three (3) working days. The postings will also be available on the Gilbert website (www.gilbert.k12.az.us). Each department and campus will post the job openings on the GSCP bulletin board.

2. The District will be required to post for full-time and part-time positions.

3. The District shall interview regular full-time or part-time employees. After interviewing in-

district applicants, if a selection is not made, in-district persons employed as temporary/substitutes/probationary employees, and out-of-district individuals, will be eligible for interviews.

4. When six (6) or more in-district applicants apply for a position, the District shall reserve the right

to paper screen applicants as long as a minimum of four (4) applicants are personally interviewed. The District may request résumés outlining job qualifications and/or test employees to screen for initial interviews. The work site supervisor shall notify paper-screened in-district applicants not selected for interviews of their status.

5. When a selection is made, in-district applicants shall be notified, in writing, by the interviewing

administrator, of their status within five (5) working days. 6. Any employee changing positions or being promoted shall be evaluated after a sixty (60) work

day period. An employee who fails to complete the sixty (60) work day probationary period and evaluation, shall be returned to a similar position, if available, at the discretion of the Assistant Superintendent for Support Staff Personnel. The calculation of the sixty (60) work days shall exclude summer days when not on contract.

7. Each employee promoted shall be placed at the step that grants the employee a minimum of 75

cents per hour increase. Dual employees who move to a single job will have their two previous salaries averaged and then placed on the appropriate grade and step. If an employee requests a job change for a lesser grade, the employee will be compensated at his/her present step, but at the grade of the new position. If an employee changes positions and the new position is a lateral grade, the employee will remain on the same grade/step. After successfully completing the probationary period, if the employee can prove that he/she has at least one year of related experience and submits an Employee Action Request (EAR), the employee will be entitled to a one step increase.

8. Employees who are on a sixty (60) or a one hundred twenty (120) work day probationary period

may be considered for a posted position only if there are no in-district applicants for the posted position. Employees who are on a remediation plan or have been administratively transferred, for disciplinary reasons, may not apply for posted positions until successful completion of the probation/remediation.

9. An existing employee of the District who is assigned, transfers and/or applicant and has been

placed on the appropriate grade and step may advance to the next step after successfully completing the probationary period. The employee must prove that he/she has at least one (1) year of related experience and submit an EAR signed by the supervisor. The step increase will become effective on the 1st workday after successful completion of probation.

10. Employees promoted to a new position but remaining in their current job longer than (15)

working days, shall begin receiving full benefits of their promotion on the (16) sixteenth day of employment.

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5. CONTRACT LENGTHS Classified employees are paid on a per calendar year basis. Each contract is a specific length. The following is a list of the GPS contract lengths:

12 month long (12mnth) 247 work days/260 total days 12 month short (12mnts) 234 work days/247 total days 11 month (11 mnth) 215 work days/227 total days 10.5 month (10.5mnt) 203 work days/215 total days 10 month (10mnth) 194 work days/206 total days 10 mnh special (10mnsp) 194 work days/206 total days Health Asst. 187 work days/198 total days 9.5 month (9.5 mnth) 185 work days/196 total days Security Guards 181 work days/192 total days Aides, 9 month (9mnth) 180 work days/191 total days Crossing Guards 180 work days/191 total days Transportation 182 work days/193 total days For further clarification, please refer to the 2008-2009 calendar included in the back of this booklet.

6. ADMINISTRATIVE TRANSFERS Support Staff employees shall be employed on a district-wide basis with the interest of the individual employees in mind, and shall be assigned as needed. The transfer of an employee from one position to another may be made by the Assistant Superintendent when it is apparent that such a change is in the best interest of the students, the educational program, or the District. When a transfer is made for disciplinary reasons/actions resulting in a demotion, the employee will be compensated at his/her present step and at the grade of the new position. The employee's salary will be based upon the grade of the new position. The GSCP President will be notified by the Assistant Superintendent of administrative transfers prior to or within one (1) working day of the employee beginning his/her newly reassigned position. Employees who receive administrative transfers, for disciplinary reasons, will be subject to a sixty (60) work day probationary period. When new schools are opened and “lateral transfers” are made, these employees shall not be subject to a probationary period. 7. EVALUATIONS All personnel shall be evaluated, using the District developed evaluation instrument, on a yearly basis by their administrator or immediate supervisor. Evaluations on continuing employees, starting their third year, may be completed at any time during the contractual year. The evaluations shall be submitted to Human Resources prior to May 1. Employees not receiving such evaluation may notify the Executive Director of Human Resources for assistance. 8. RESIGNATIONS It is understood that the Statement of Employment may be terminated by the employee, in a letter of resignation, upon ten (10) working days notice. This letter, stating the reason for leaving, last day of work, and any other details, is to be submitted to the immediate supervisor and unit administrator. The administrator/supervisor will prepare and sign an Employee Action Request (EAR) and forward it with the letter of resignation to Business Services and notify district payroll.

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9. INCENTIVE PLAN/PROFESSIONAL DEVELOPMENT In order to have professional development credit qualify for the incentive program, the professional development credit must be directly related to the job duties performed by the employee. The employee may repeat classes in the Staff Professional Development Catalog may be repeated once as a “refresher” class providing they relate to the job duties performed by the employee. Professional Development credit will be granted for all “required” classes for Support Staff, (i.e. CPI/CPR) and those classes required as “refreshers” each year. These classes must be taken outside of the contract day and no District funds may be used. COURSE CREDIT - SUPPORT STAFF EMPLOYEES

Gilbert Public Schools encourages "regular status" Support Staff employees to participate in the Incentive Plan Program, which is designed to enhance their skills.

How is Professional Development credit obtained?

1. Professional Development credit is obtained through enrolling in a university, community college, trade/professional school, or by attending Professional Development classes offered by the District.

2. Credit will be awarded for workshops, seminars, conferences, and college credit courses that are not part of the Professional Development program. In order to receive credit or tuition reimbursement for attendance at these workshops, seminars, conferences, and college credit courses, pre-approval is required by the Director of Staff Development, Professional Growth in Human Resources or designee and the coursework must be job-related. Attendance at these courses/workshops must be outside the employee's regular working day and paid for by the employee. (Courses/workshops cannot be funded through the school district's travel/conference budget.) If compensatory time is used to attend a conference, verification of the time must be submitted to Director of Staff Development, Professional Growth in Human Resources or designee with the request. Classified staff members shall be awarded the same professional development credit as Certified Staff if participating in the same type of activity (judging, etc.).

3. Credit will also be awarded for second language courses, sign language and computer classes. (Example: Spanish, English, Intro to Microsoft Word) Computer classes must be those that the employee will be able to apply to their current job description.

4. Employees wishing to apply for credit for district committees should file a Classified Professional Growth Request Form through MyLearningPlan and include the name (type) of committee, meeting dates, and times meetings were held. Credit will also be awarded for attendance at any district-approved committee meeting that is held after regular scheduled work hours. Your request shall be reviewed by the Director of Staff Development, Professional Growth in Human Resources or designee.

Compensation upon successful completion of course/workshop may be received in one of two ways:

1. Up to a maximum of $100 will be paid

2. If the course and/or workshop is more than $100, the District will pay 50% of the amount over $100. An employee who receives more than $1,000 tuition reimbursement will be expected to be employed by the District for more than five (5) years after the first reimbursement. If an employee receives more than $1,000 tuition reimbursement and leaves before the five (5) year period, he/she will repay the full amount of the reimbursement.

OR 3. An additional $150.00 is added to the employee's base pay for each 3 credits obtained. These classes

must be completed and submitted to the Professional Growth in Human Resources by June 30. This $150.00 shall be added to all continuing contracts, which are offered to the employee.

15 Clock Hours = 1 Credit 45 Clock Hours = 3 Credits or 1 District Point 3 Credits = $150.00 Salary Credit

NOTE: SUPPORT STAFF EMPLOYEES MAY NOT ACCUMULATE MORE THAN 60 Credits (900 CLOCK HOURS).

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Compensation will not be considered when:

1. Courses are taken for remedial work or courses taken to acquire the skills that an employee should have had to obtain the job.

2. Courses taken at post-secondary institutions, that are below the 100 level. (Example: 070 English Fundamentals.)

How do I apply to receive credit? 1. It is not necessary to submit a Classified Professional Growth Request Form for District Professional

Development classes. A record of your attendance at these classes is automatically placed in your Portfolio (MyLearningPlan) after the Professional Development Department confirms attendance. Employees must sign-in on the Professional Development Sign-In roster in order to receive credit.

2. Employees wishing to apply for credit for courses, other than those in the Professional Development catalog, must complete the Classified Professional Growth Request Form in MyLearningPlan. All required documentation is listed on the Request Form. Your request shall be reviewed by the Director of Professional Development, Professional Growth in Human Resources or designee.

3. Required documents for verification of courses/workshops taken through another institution or university:

a. Completion of the Classified Professional Growth Request Form in MyLearningPlan b. Official (original) Transcripts, Certificate or Agenda c. Copy of Course/Workshop/Conference Description d. Copy of Billing Statement (Tuition) or proof of payment

Documentation must be submitted to the Professional Growth Technician at the completion of coursework on June 30. To receive credit, a grade of a “C” or better must be earned. Transcripts must include date and title of course and total credit earned.

Payment of Monies

1. Payment of monies shall be distributed during the next employment year.

10. PAY INCREASE/STEP INCREMENT Pay increase/step increments are based on an evaluation instrument. An individual receiving a “Does Not Meet Standards” evaluation will receive the same salary as in the previous contract year. Pay increase/step increments are granted, in most cases, at the beginning of each fiscal year. These increments will be limited to one (1) pay increase/step increment during the fiscal year. Employees not receiving a pay raise under this item will be reviewed sixty (60) working days after the beginning date of the new contract. If at that time the employee meets the requirements they will receive their increase/step. 11. SCHOOL YEAR WORK HOURS Support Staff employees are entitled to a 30 minute lunch outside of the contract hours.

Example: If an 8-hour employee chooses a 30-minute lunch, his/her work day is 8 and 1/2 hours which includes a 30 minute lunch.

Support Staff employees may choose to take an hour lunch outside of the contract hours.

Example: If an 8-hour employee chooses a 1-hour lunch, his/her work day is 9 hours, which includes a 1-hour lunch.

Eight (8), seven (7) and six (6) hour Support Staff are entitled to a 15 minute break in the morning and a 15 minute break in the afternoon. These breaks may not be combined with the lunch break, or combined at the end of the day in order to leave early. Four (4) and five (5) hour Support Staff are entitled to one (1) fifteen minute break.

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Employee must indicate their preference to his/her direct supervisor at the start of each contractual year whether he/she will take a 30 minute or 1 hour lunch. Dual employees will receive breaks at each site at which they work providing they work four or more hours at that site. The administrator shall retain the right to determine the employee’s work schedule. The District will continue its practice of operating on a four (4) day work week during the summer. Exception to the four (4) day work week will/may be granted by the Assistant Superintendent of Human Resources to specific departments. 12. TIME CLOCK Gilbert Public Schools has implemented the KRONOS Electronic Timekeeping System in order to automate the timekeeping process. All non-exempt employees will use this system.

Rounding Rule The KRONOS Timekeeping system works on a seven (7) minute rounding rule. The time of clock-in is rounded to the nearest 15-minute interval. Examples of how this affects an employee’s time are presented below:

Example 1: An employee clocks in seven (7) minutes prior to their start time – 8:00 a.m. The time of the clock is rounded to 8:00 a.m. Example 2: An employee clocks in seven (7) minutes after their start time – 8:00 a.m. The time of the clock in is rounded back to 8:00 a.m.

The same rounding occurs at the end of the day as well. Therefore, it is imperative that employees understand this concept, so they are aware their pay may be affected. 13. COMPENSATORY TIME - - REGULAR (TIME AND A HALF) The District shall grant compensatory time to non-exempt employees. Exempt employees are not eligible for compensatory time. The work week, for purposes of this policy, shall be Monday through Sunday. Compensatory time may only be accrued if pre-approved by the supervisor of the employee. Any classified employee who works beyond their contract day shall receive compensatory time. If the employee works less than 40 hours in a week, compensatory time will be earned at a 1:1 ratio. If the employee worked more than 40 hours in a week, compensatory time will be earned at a 1:1 ½ ratio. The employee shall have the opportunity to specify dates to take compensatory leave. Compensatory time leave may not be denied unless the employee's absence would adversely affect the operation of the department. An employee may accumulate only eighty (80) hours of compensatory time, unless the supervisor and the Assistant Superintendent grant prior written approval. Compensatory time is not transferable. An employee must use compensatory time in the position where accrued. Compensatory time accrued during the employee’s contractual year must be used before the end of the employee’s contractual year. There will be no carry over of compensatory time from year to year unless pre-approved by the Assistant Superintendent of Human Resources. It is understood this time off would not be taken when the absence would adversely affect the operation of the department. Compensatory time leave will be determined between the employee and the supervisor. The District shall retain the right to determine if compensatory time is paid by time off or monetarily

14. YEAR-ROUND CONTRACTS FOR NINE (9) AND TEN (10) MONTH EMPLOYEES The District shall offer to the ten (10) most senior nine (9) and ten (10) month employees employment over the summer, if available, at the summer rate of pay without accruing vacation.

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Eligible employees shall be notified of the District's offer by April 15 for the upcoming school year. The employee shall indicate his/her intent on/or before May 1. If the employee accepts the position, he/she shall work at summer duties assigned by the Assistant Superintendent.

15. PAID HOLIDAYS All full-time Support Staff employees shall receive paid holidays according to the following schedule: 12 Month Employee .................................................................................. Thirteen (13) Days 11/10 Month Employees..............................................................................Twelve (12) Days 9 Month Employees......................................................................................Eleven (11) Days Paid holidays shall be observed on: Independence Day (12 Month Employees Only)............................................................July 3 Labor Day ............................................................................................................ September 1 Veterans Day ......................................................................................................November 11 Thanksgiving Day...............................................................................................November 27 Day After Thanksgiving .....................................................................................November 28

Christmas Day …………………………………………………………………..December 25 One (1) Working Day after Christmas...……………………………………….. December 26 New Year’s Day ……………………………… …………………………………. January 1 One (1) Working Day after New Year’s Day………………………………………January 2

Martin Luther King Day ………………………………………………………….. January 19 Presidents' Day ………………………………………………………………….. February 16 Spring Holiday............................................................................................................ April 10 Memorial Day (10/11/12 Month Employees Only) .................................................... May 25 Those employees who have been granted an unpaid leave will not be paid for holidays that fall within the leave time. Probationary employees new to the District will not receive pay for a designated holiday if they have not worked on the day preceding the holiday or the day immediately following the holiday. 16. VACATIONS Vacation benefits for all full-time twelve (12) month Support Staff employees shall be earned at the following rate:

1 to 5 Years ..................................................................................................... 8 Hours Per Month 6 to 12 Years ................................................................................................. 11 Hours Per Month 13 Plus Years ................................................................................................ 14 Hours Per Month

Vacation hours may be carried forward from fiscal year to fiscal year. These hours shall not exceed 168 hours (maximum hours). Hours shall be determined as of the end of the last pay period of each fiscal year. Employees whose hours exceed 168 hours, as of the end of the last pay period of each contracted year, will only be allowed to retain the maximum hours. When an existing full-time (9-10-11 month) employee, becomes a full-time twelve (12) month employee, all his/her months of service with the District from the date of full-time employment shall be counted when calculating vacation. Each supervisor will insure that an annual vacation schedule is established. It is important that the vacation schedule take into consideration work activity during the ensuing year. Each employee will be given the opportunity to indicate the most suitable time for his or her planned vacation. In the event a conflict exists, the employee with greater seniority will be given preference. The fact that vacation should be scheduled does not mean that unscheduled vacations will not be considered. Unscheduled vacation needs should be made known as soon as possible. Full-time Support Staff employees terminating employment will be reimbursed for unused vacation hours.

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17. GROUP INSURANCE The District shall continue to provide group insurance coverage and shall also continue to provide life insurance coverage for each full-time member of the Support Staff who has been employed for sixty (60) contract days of full-time employment. The Governing Board shall continue to give consideration to recommendations on specific details on insurance programs presented through the Superintendent from the District Insurance Committee. The Gilbert Schools Support Staff Personnel organization, in conjunction with the Associate Superintendent, shall appoint two (2) members to the Insurance Trust Board. These members shall serve four (4) year terms. Employees who regularly work an average of thirty (30) hours or more per week shall qualify for District insurance benefits. Health Insurance Portability and Accountability Act A federal law, the Health Insurance Portability and Accountability act of 1996 (HIPAA), requires that health plans like the Gilbert Public School Medical PPO, Dental PPO, Vision, Utilization Review, Third Party Administration, Prescription Benefit Management, Executive Medical Plan, Flexible Spending Medical Account and COBRA Administrator Benefit Plan, maintain the privacy of your personally identifiable health information called Protected Health Information or PHI.

1. The term “Protected Health Information” (PHI) includes all information related to your past, present or future health condition(s) that individually identified you or could reasonably be used to identify you and is transferred to another entity or maintained by the Plan in oral, written, electronic or any other form.

2. PHI does not include health information contained in employment records held by Gilbert Public

Schools in its role as an employer, including but not limited to health information of disability, work-related illness/injury, sick leave, Family or Medical leave (FMLA), life insurance, dependent care FAS, drug testing, etc.

A complete description of your rights under HIPAA can be found in the Plan’s Notice of Privacy Practices, which is available from the GPS Benefits Supervisor. Information about HIPAA in this document is not intended and cannot be construed as the Plan’s Notice of Privacy Practices. 18. LEAVE OF ABSENCE MEDICAL LEAVE Each employee shall accrue medical leave days one day per month for the first five (5) years. For employees six (6) years and beyond, medical leave days will accrue one day plus the fractional portion each month so that the following rate is achieved:

6-10 Years 1.1 days/month 11-15 Years 1.2 days/month 16-20 Years 1.3 days/month 21 or more 1.4 days/month *Medical leave days are considered to be a regular work day, i.e., 6 hour employees earn 6 hours medical leave per month.

Medical leave may be used for: 1. Personal illness (elective surgery must be done outside the contracted employment days) 2. Medical appointments that cannot be scheduled outside of the regular work day

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3. Newborn Child Care

a. Mother: The mother of a newborn child may use up to 6 weeks of accrued leave for her recuperation immediately following birth. She may also take leave longer than 6 weeks without pay under the Newborn Child Care policy and Family Medical Leave Act. In cases where the doctor verifies that further medical care is necessary for the mother or the child, the employee may request an extension of the leave and use accrued sick leave if available.

b. Father: The father of a newborn child may request up to a 6 week leave and use accumulated

sick leave during this absence to assist in the recuperation of the mother/child immediately following birth. He may also take leave longer than 6 weeks without pay under the Newborn Child Care policy and Family Medical Leave Act. In cases where the doctor verifies that

further medical care is necessary for the mother or the child, the employee may request an extension of the leave and use accrued sick leave if available.

c. Adoption: Individuals adopting children may request up to 6 weeks of leave or the number of days required by the placement agency and draw from their accumulated sick leave immediately following the adoption. They may also take leave longer than 6 weeks without pay under the Newborn Child Care policy and Family Medical Leave Act. In cases where the doctor verifies that further medical care is necessary for the child, the employee may request an extension of the leave and use accrued sick leave if available.

4. Attend to an illness of a member of the family (e.g., spouse, father, mother, child, brother, sister,

foster parents, in-laws, grandparents and grandchildren, or other as approved by the Assistant Superintendent for Human Resources.)

All medical leave time taken from the District must be for recuperative activity or adoption care. The district maintains the right to request medical verification of absences under this policy. All unused medical leave will be accrued. Employees absent for six consecutive working days shall be required to provide medical verification of the absences and will be required to complete an EAR requesting an approved Medical Leave of Absence. The District shall retain the right to request medical verification of future absences from any employee who uses more than 10 days of medical leave in any fiscal year. PERSONAL LEAVE Each employee shall have three (3) days of personal leave per year, which is not deducted, from medical leave. Please note that if the employee is hired after January 1st personal leave is prorated. An Absence Approval Form (AAF) shall be filed, and must be approved, by the employee’s supervisor at least three (3) working days prior to the leave. Once 40 hours of sick time are in their balance the employee may use the personal days at any time during the fiscal year. Accrued personal leave will be bought back at the employee’s daily rate upon termination. The employee must have reached a total of 70 points (using years of employment in Gilbert Public Schools and the employee’s age) to participate in the personal day buy back program. The employee will notify the Assistant Superintendent in writing of his/her intent to retire 15 months prior to retiring. In the event of the death of a Support Staff member with 10 or more years of continuous service to the District, personal leave reimbursement will be distributed to the employee’s beneficiaries/estate. An individual may consult with the Assistant Superintendent to establish a pay plan. Unused personal days will accrue at a rate of 1:1 for each unused personal leave day into an individual’s medical leave at the end of each contract year, contingent upon the employee being eligible for personal leave, and has five (5) days accumulated medical leave. Staff will be required to use personal leave for any religious holiday.

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SHORT TERM LEAVE A short term leave, without pay, of no more than three (3) weeks may be granted by the Assistant Superintendent upon request of an employee. The leave will not be granted to allow an employee to work outside of the District. Upon completion of the leave, the employee will return to his/her position. Only one short-term leave can be taken during a school year (July 1 - June 30). LONG TERM LEAVE A leave of absence without pay may be granted to any full-time and part-time employees for a period no longer than six (6) months, after compensatory time, personal days, medical leave and vacation time have been used, for the following types of leaves: A. Medical Illness B. Care for Ill Family Member C. Professional Leave In order to qualify for professional leave (i.e., enrolling in a post-secondary institution), the employee will need to have worked for the District for three (3) consecutive years. Assistant Superintendent shall require documentation before approving the leave. He/she may also require documentation during the leave. The leave will not be granted for an employee to work outside the District. Once all leave time has been exhausted, an employee will not accrue compensatory time, vacation or medical leave while on Leave of Absence. At the end of the long term leave, the employee will be placed in a position by Assistant Superintendent at the same rate of pay he/she was receiving at the time the leave was granted. After returning from a leave, an employee cannot apply for another position until after sixty (60) work days. BEREAVEMENT LEAVE Only full time employees may use up to five (5) days leave which would not be deducted from their personal, vacation or medical leave to attend the funeral of an immediate family member (spouse, parents, children, siblings). An Absence Approval Form (AAF) must be filled out by the school as Medical. Once the Payroll Department has received the Absence Approval Form (AAF) the absence will be changed to Bereavement. An employee may use medical or personal leave if bereavement leave is needed for someone who is not an immediate family member. If more than five (5) days are needed, the employee shall apply in writing to the Assistant Superintendent/Human Resources for approval. Such leave, if granted, shall be deducted from personal, vacation and/or medical leave. FAMILY AND MEDICAL LEAVE ACT (FMLA) The District shall fully comply with the Federal Family and Medical Leave Act and all interim and final regulations interpreting the FMLA issued by the U. S. Department of Labor. Accordingly, all portions of this procedure that pertain to the FMLA shall be interpreted in a manner consistent with the FMLA and its regulations. Subject to the conditions set forth herein, any eligible employee (having completed 12 months and 1,250 hours of service with this district) of the District may take up to twelve (12) weeks of leave (FMLA leave) during any twelve (12) month period, without pay, for any one or more of the following reasons: Because of the birth of a child of the employee and in order to care for such child. The leave may start before the birth of a child, but it must be verified by a doctor's certificate. Because of the placement of a child with the employee for adoption or foster care. In order to care for the spouse or a son, daughter, or parent of the employee, if such person has a serious health condition. Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.

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Calculation of the 12-month period used to determine employee eligibility for FMLA, this Plan uses a rolling 12-month period measured backward in time from the date the employee uses any FMLA leave. Serious medical condition means an illness, injury, impairment, or physical condition that involves inpatient care in a hospital, hospice, or residential medical facility, or outpatient care with continuing medical treatment by a licensed physician. Employee Eligible For FMLA: Any employee who has been employed by the District at least twelve (12) months and who has completed at least 1,250 hours of service, with this district, immediately prior to the time the FMLA is to commence shall be eligible for FMLA leave. Special conditions applicable to FMLA. Entitlement to leave for the birth of a child or the placement of a child for adoption or foster care ends at the expiration of a twelve (12) month period, beginning on the date of the event. A husband and wife working for the District may be limited to a total of twelve (12) weeks of leave during each fiscal year for the birth of a child or the placement of a child for adoption or foster care and to care for an employee's parent with a serious health condition. The District shall not require any employee to substitute accrued medical leave for FMLA leave used by reason of a birth, adoption, or foster placement. In any other circumstance, an employee's accrued medical, vacation, personal, or other applicable leave shall be substituted for FMLA leave, to the extent available by policy, unless otherwise agreed to by the District. Employee Application For FMLA: An employee must provide the District’s Benefits Department at least thirty (30) days notice before the FMLA leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption, or foster care, or planned medical treatment for a serious health condition of the employee or family member. If thirty (30) days notice is not practicable, notice must be given as soon as practicable. The notice shall be in the form of a written request for leave of absence as specified in this policy. The District may deny FMLA leave to any eligible employee until such time as the employee has provided the required notice. Medical certification. All medically related FMLA leave shall be supported by a medical certificate provided by the employee and their appropriate health provider in the form of the exhibit accompanying this policy. In any instance where the FMLA leave must be preceded by thirty (30) days notice, the medical certificate should accompany the request for leave of absence. In any other instance, the medical certificate should be provided within fifteen (15) days after the FMLA leave commences. The employee may be requested to provide recertification of medical conditions in support of leave if the District feels the circumstances so warrant and notice is given. Recertification shall generally not be required for intervals shorter than thirty (30) days. Whenever a medical certification or recertification is required of an employee, notice describing such requirement and providing the form of such certification shall be provided to the employee. An employee shall not be denied FMLA leave or other rights under the FMLA unless a notice required by FMLA in such situation has first been provided to the employee. Intermittent or reduced time (IRT) leave. FMLA leave may be taken intermittently or on a reduced leave schedule only (1) if medically necessary to care for a family member or for the employee's own serious health condition or (2) if approved by the District. The District may, for the term of the leave, transfer the employee to an alternative position with equivalent pay and benefits. The District may also require medical certification and re-certification on a reasonable basis.

If the IRT leave is for an instructional employee (one whose principal function is to instruct students in a class, small group, or as individuals), the District can require the employee either to take leave for a period or periods of a particular duration not greater than the duration of the planned treatment or to transfer temporarily to an available alternative position with equivalent pay and benefits that provides better accommodation of recurring periods of leave, provided the leave is:

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1. Requested to care for a qualifying family member or as a result of the employee's serious health condition preventing job performance; 2. Foreseeable, based upon planned medical treatment; and

3. For more than 20% of the working days in the leave period. The employee may be granted leave under these circumstances, subject to reasonable efforts to schedule treatment so as not to unduly disrupt the educational program. Special end-of-semester circumstances for instructional employees. Under each of the following conditions, leave for an instructional employee may be required to continue to the end of the academic semester:

1. Leave begins more than five (5) weeks before the end of the semester, leave is for at least three (3) weeks, and return to employment would occur during the last three (3) weeks of the semester.

2. Leave other than for the employee's serious health condition begins within the last five (5)

weeks of the semester, leave is for greater than two (2) weeks' duration, and return to employment would occur during the last two (2) weeks of the semester.

3. Leave other than for the employee's serious health condition begins within the last three (3) weeks of the semester and leave exceeds five (5) working days.

Employee notification regarding FMLA: With each request for FMLA leave, the employee shall be notified: 1. About FMLA by provision of the FMLA fact sheet (exhibit 2).

2. As appropriate concerning the expectations, obligations, and consequences of taking FMLA leave per 29 C.F.R. Section 825.301 of FMLA. 3. That FMLA leave may be withheld until a requested notice is provided or the timeframe is met.

4. That if leave is granted to an employee who is unable to perform the work required, restoration

may be denied until the employee has complied with the request to provide medical certification of ability to return to work. 5. How to appeal an adverse decision re: FMLA The District will post notices in conspicuous places on the District premises that provide a summary of FMLA and information on how to file a charge about an FMLA violation. Health care continuation. An employee taking FMLA leave shall be entitled to have the health care plan in which the employee is participating continue under the same terms and conditions applicable to actively working employees. While you are officially on such a family or medical leave, you can keep medical and dental coverage for yourself and your Dependents in effect during that family or medical leave period by continuing to pay your contributions. During that period your medical, dental and vision coverage will be kept in effect. Since you will not be paid while you are on family or medical leave, you may:

1. pay your contributions as they come due on the dates you would have been paid by sending a check to the Insurance Benefits Department; or

2. make arrangements with the District to have any applicable premiums deducted from your first paycheck(s) after you return from leave; or

3. pay your contributions for benefits on some other schedule agreed to by you and the District had you not taken family or medical leave, in which case your contributions will be made on an after-tax basis; or

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4. you may elect to have extra contributions withheld from your pay before you begin your family or medical leave, in which case your contributions will be made on a before-tax basis.

The District shall require the repayment of any health care premiums paid by the District for continuing coverage during the period of the FMLA leave if the employee fails to return to work after the FMLA leave expires and the failure to return is not due to circumstances beyond the employee's control. Return to Work:

1. An employee who returns to work for at least 30 calendar days is considered to have “returned” to work.

2. An employee who transfers directly from taking FMLA leave to retirement or who retires during

the first 30 days after the employee returns to work is deemed to have “returned” to work. 3. When an employee fails to return to work, any health and non-health benefit premiums that the

FMLA regulation permits the District to recover are considered to be a debt owed by the non-returning employee to the District. The District may recover the costs through deduction of any sums due to the employee such as unpaid wages, vacation pay, profit sharing, etc. (as permitted by law). Additionally, the District may initiate legal action against the employee to recover such costs.

When the employee elects or the District requires “paid leave” to be substituted for FMLA leave, the District may not recover its share of health insurance or other non-health benefit premiums for any periods of FMLA leave covered by the paid leave. Whether or not you keep your coverage while you are on family or medical leave, if you return to work promptly at the end of that leave, your health care coverage will be reinstated without any additional limits or restrictions imposed on account of your leave. This is also true for any of your Dependents who were covered by the Plan at the time you took your leave. Of course, any changes in the Plan’s terms, rules or practices that went into effect while you were away on that leave will apply to you and your Dependents in the same way they apply to all other employees and their Dependents. To find out more about your entitlement to family or medical leave as required by federal and/or state law, and the terms on which you may be entitled to it, contact the Gilbert Public Schools Insurance Benefits Department. Premium Payment In the absence of any established District policy to the contrary, the District’s obligations to maintain health insurance coverage under FMLA ceases if an employee’s premium payment is more than 30 calendar days late (the FMLA grace period). In order to drop coverage for an employee whose premium is late, the District will:

1. Provide written notice to the employee that the payment has not been received. 2. This notice will be mailed to the employee at least 15 days before coverage is to cease advising that

coverage will be dropped on a specified date at least 15 days after the date of the letter unless the payment has been received by that date.

If coverage lapses because an employee fails to make timely health insurance payments during the FMLA leave period, upon the employee’s return from FMLA leave the District will restore the employee to coverage/benefits equivalent to those the employee would have had if leave has not been taken and the premium payments had not been missed, including family/dependent coverage. If an employee fails to return to work after FMLA leave and there is a loss of group health coverage the District will issue a HIPAA Certificate of Creditable Coverage and a COBRA election notice. Generally the 18-month period of COBRA begins on the last day of the FMLA leave.

How to Appeal an Adverse FMLA Decision. You have the right to appeal an adverse decision related to FMLA by sending a written request for appeal to the Assistant to the Superintendent at 140 South Gilbert Road, Gilbert, AZ 85296 within 90 days after you receive the adverse determination. The District will review your request and a written decision will be sent to you within 90 days after the District’s receipt of your appeal

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request. In order to resolve your appeal you may be requested to submit additional documentation as appropriate to and requested by the District. Questions about the appeal process can be sent to the Gilbert Public Schools Benefits Specialist at 140 South Gilbert Road, Gilbert, AZ 85296. Position restoration. Upon return from FMLA leave, an employee shall be restored to the same position held before the FMLA leave commenced or to an equivalent position with equivalent pay, benefits, and working conditions. The District requires an employee to provide a medical certificate from a health care provider that the employee is able to resume work before returning from FMLA leave for a serious personal health condition. The District may delay the return of an instructional employee from FMLA leave at the end of a semester, in accordance with Section 103(d) of FMLA. The District may deny restoration of position to any key employee (i.e., one who is among the highest 10% of all employees of the District), in accordance with Section 104(b) of FMLA CIVIC DUTY LEAVE Any full-time or part-time member of the Support Staff called to serve jury duty shall be granted paid leave for such service. An Affidavit of Proof of Service must be provided to the unit supervisor. If an employee is subpoenaed to appear in court, he/she shall notify both the Assistant Superintendent for Human Resources and the Assistant Superintendent for Business Services prior to the court appearance. If the subpoena is for a school related item, the employee shall be granted school business days. If the subpoena is for a non-related school item, the employee shall use all personal, vacation and compensatory leave. If such leave is exhausted, the employee shall meet with the Assistant Superintendent for Human Resources to determine compensation related to this issue. MILITARY LEAVE The District recognizes that employees may perform voluntary or involuntary service for the military. In those cases, it is the intention of the district to comply with all rules and regulations, now in effect or as they may be modified in the future, of the Uniformed Services Employment and Reemployment Rights Act (USERRA). Employees performing military duty should inform their immediate supervisor and the Human Resources Department of any pending military service preferably in writing prior to the military leave. Included in these regulations are:

1. The employee may at his/her option use his/her personal days, vacation time or other paid leave to maintain income during periods of active military service.

2. Military service will be counted as time with the Arizona State Retirement System (ASRS) and the

District shall contribute both the employee and employer contributions. 3. Any Gilbert Public Schools employee who is a member of the national guard shall be entitled to

leave of absence from his/her duties without loss of time or efficiency rating on all days during which he/she is engaged in field training as provided by this chapter and for a period during leave of absence not to exceed thirty days in any two consecutive years he/she shall be entitled to his/her pay.

4. The employee military service shall not cause a change in seniority status. 5. The employee shall receive salary credit as though he/she were continuously employed. 6. The employee and/or covered dependents may elect to continue to receive District health insurance

for up to eighteen months at a rate of 102% of the cost in lieu of military insurance that commences on the 31st day of military service.

7. Health insurance shall be immediately reinstated upon the employee's return to work.

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8. If the military leave exceeds thirty days, the employee shall provide documentation of the service to the District.

9. Employees of the District shall comply with rules and regulations of the USERRA.

19. INDUSTRIAL LEAVE The District expects that employees perform their duties in a safe manner but realize that employees may occasionally be injured at the work site through no fault of their own. If an employee is injured on the job and granted Workman’s Compensation, the District will pay his/her insurance premium for up to nine (9) months after all leave has been exhausted When an employee is injured at work, the District provides a replacement income insurance policy through the Workman's Compensation Plan. This plan provides compensation at 2/3 of the employee's salary to the state allowable maximum. The Workman's Compensation Plan provides replacement income at the following rates:

Days 1-7. No compensation unless employee is off work fifteen (15) days or more. When the employee is off work fifteen (15) days or more, the plan provides compensation retroactively to the first day. Day 8 or Longer. 2/3 of pay to the state allowable maximum.

The District understands that employees may or may not have medical days available to compensate for lost income during this time period. Therefore, the following benefits are provided: Employees with more than Seven (7) Medical Days Available Days 1-7. Employees with medical days available may use medical, personal, vacation leave to continue pay. Medical leave will be deducted. Day 8 or Longer. The employee may:

1. Accept the state compensation award and have no medical, personal, vacation leave deducted, or 2. Use his/her available medical, personal, vacation leave to supplement his/her income up to 100% of

his/her normal take-home pay. Medical leave will be deducted on a pro-rata basis in this case, depending on the medical leave supplemented in each case, or

3. When or if the employee runs out of medical, personal, vacation leave, he/she will be compensated at the pay rate awarded by Workmen Compensation Fund.

Employees with less than Seven (7) Medical Days Available If an employee has less than seven (7) medical days, he/she may request that medical days be advanced. This advance may not be more than: 1. The medical days available to that employee for the rest of the fiscal year, or 2. The combination of accrued medical leave plus the advance may not exceed seven (7) days. Requesting Medical Day Advance The request for a medical day advance must be submitted in writing to the Assistant Superintendent within ten (10) working days unless extenuating circumstances exist (i.e., employee hospitalized). The Assistant Superintendent may approve or deny the request based on:

1. The employee's years of employment 2. The employee's past medical record 3. The employee's past attendance record

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The Assistant Superintendent shall respond, in writing, within three (3) working days of receipt of the request. If the Assistant Superintendent denies the request, the employee may appeal his/her decision to the Industrial Leave Committee within five (5) working days of receipt of the denial. This appeal shall be in writing and delivered to the Associate Superintendent and state the reasons why the decision of the Assistant Superintendent should be overturned. The Industrial Leave Committee shall meet within seven (7) working days of the request and either uphold, overturn, or modify the decision of Assistant Superintendent. The Committee may request that the employee and/Assistant Superintendent meet with them to clarify issues. The employee may request to make a presentation to the Committee. The Committee shall deliver its decision in writing. The decision of the Committee shall be final. Requesting Reinstatement of Medical Leave (Days 1 through 14) Employees who believe they have been injured through no fault of their own may appeal to Assistant Superintendent that the first seven (7) days medical leave be reinstated. The employee shall provide all necessary documents to the Assistant Superintendent, including, but not limited to: 1. A copy of the industrial report 2. A detailed description of the incident 3. Notarized witness statements 4. The reason for the request This reinstatement claim must be filed within thirty (30) calendar days of the accident except in extenuating circumstances. The Assistant Superintendent shall deliver a written response within ten (10) working days. If the Assistant Superintendent denies the claim, the employee may file an appeal with the Industrial Leave Committee through the Assistant Superintendent within ten (10) working days of Assistant Superintendent’ decision. The Committee shall meet twice during the fiscal year. The written decision of the Committee shall be final. Industrial Leave Committee Composition The Assistant Superintendent for Human Resources shall chair the Committee and only vote in cases of ties. 1. Two (2) Support Staff employees recommended by GSCP. 2. Two (2) administrators appointed by the Assistant Superintendent Compensation Days 1-7. If the request for advanced days is approved, the employee will receive full pay for the number of days advanced. If the employee goes beyond fifteen (15) days and is reimbursed by the Industrial Commission, he/she will have deducted an amount equivalent to the compensation award. This reimbursement to the District must be completed by the end of the fiscal year and his/her medical leave will be reinstated. Day 8 and Beyond. The amount of the compensation award. It is understood that should money be granted an employee, and a determination is made that the injury was not industrial; he/she shall be liable to refund all monies received through medical leave advancement prior to the end of the fiscal year. If an employee returns to work within four (4) weeks of the start of his/her leave, he/she will return to his/her same position. If the employee returns to work after four (4) weeks since the beginning of the leave, he/she will return to a position in the District, assigned by the Assistant Superintendent. The assignment will not result in a loss of pay or a placement change on the salary schedule.

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20. MEDICAL LEAVE BUY BACK Full-time Support Staff employees, must have more than 10 years employment with Gilbert School District, terminating employment will be reimbursed for unused medical leave at the following rate: 1. 25-49 accumulated unused medical days = $23 per day 2. 50 - 74 accumulated unused medical days = $26 per day 3. 75 - 99 accumulated unused medical days = $34 per day 4. 100 - 149 accumulated unused medical days = $45 per day 5. 150 or more accumulated unused medical days = $63 per day Individuals wishing to apply for this benefit must notify the Superintendent, or his designee, at least sixty (60) working days prior to terminating employment. In the event of the death of a Support Staff member, medical leave reimbursement will be distributed to the staff member's beneficiaries. Should more employees apply for this program than district budget allows, monies shall be distributed on a first-to-apply, first-reimbursed basis. When funds are not available, reimbursement will be given the following year. 21. CLASSIFIED RE-EMPLOYMENT

1. Classified staff members who resign with more than five (5) years service to the district and are re-

employed in the similar position within three (3) years after that resignation shall be re-employed at same hourly wage at the time of resignation and placed on the appropriate grade and step. Classified staff shall not lose any right to any other benefits (i.e. longevity, staff development) provided by law or the rules and regulations of the governing board on their return to the school district. After a sixty (60) work day probation period, employees shall retain the right to insurance benefits.

2. Any full-time Support Staff member who has been employed by the District and who retires and draws benefits from the Arizona State Retirement System (ASRS) may return to the work force.

Retirement benefits are not affected if the employee returns to work with an ASRS employer under the following circumstances: A. Employees may work part-time for the entire year at fewer than 20 hours per week

the first fiscal year of retirement.

B. Employees may work full-time (20 hours or more a week) for up to 19 weeks in the first fiscal year of retirement and also may work the remainder of the year at fewer than 20 hours a week. The weeks of 20 or more hours do not need to be consecutive.

If rehired, in the same position at the time of retirement, the employee shall be placed at the same hourly wage at the time of resignation and placed on the appropriate grade and step. If rehired, in a different position, the employee will be placed on step one of the appropriate grade. 22. CONFERENCE ATTENDANCE Representatives of the various Support Staff employee groups may be reimbursed for registration, transportation, and lodging expenses incurred during attendance at conferences, seminars, or workshops that are directly related to their current assignments with the district and is approved by their supervisor. An individual wishing to apply for reimbursement must file a request with their immediate supervisor who will file it with the business office for approval. Upon receiving prior approval, the employee will be reimbursed when the proper receipts are submitted up to the maximum established by the District.

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23. WORK RELATED TRAVEL Employees who must travel in conjunction with their jobs shall be eligible for reimbursement for the total allowable amount per mile under Arizona Department of Administration. 24. ADMISSION TO ATHLETIC EVENTS Support staff employees may use their GPS photo I.D. for admission to GPS athletic events. This pass shall admit the employee and one (1) guest. Family athletics passes are available for purchase through the District Athletic Office. 25. SAFETY AND HEALTH The District may, in certain positions, require uniforms and/or specific safety items for employees. When clothing and/or safety items are required, the District shall pay the cost of these items, excluding safety shoe (steel toe). These items, with the exception of safety shoes, shall be the property of the District, shall be used only for work purposes, and must be returned to the District at the termination of employment. Individuals initially employed in positions that require safety shoes shall be responsible for the purchase of these shoes as a condition of their employment. The District shall make arrangements for the cost of safety shoes, to a maximum of $100.00. New employees who have to wear safety shoes will be responsible for buying these shoes. After new employees have been employed for six (6) months, they will be reimbursed to a maximum of $100.00 for the purchase of the shoes. Employees in a continuing position will be reimbursed, to a maximum of $100.00, for the purchase of new safety shoes every twelve (12) months. 26. SUBSTITUTE EMPLOYEES Current district employees who are performing the duties of another job title will be paid at Step 1 and the grade for the position in which they are substituting. 27. PART-YEAR EMPLOYEES Part-year employees who work beyond their contract term will be paid at a rate of $8.00 per hour. Employees that work their same job beyond their contract term will receive their current rate of pay. 28. “ON-CALL” EMPLOYEES Employees who are directed to be on-call during a weekend or holiday period will receive the equivalent of four (4) hours of pay with a maximum of 2 hours per day. If an employee is on-call during a 3 day weekend the employee will receive a maximum of 6 hours of pay.

If the employee is called and has to work on an emergency situation, the employee will be paid one and one-half (1 1/2) times his/her wage either in monetary funds or in compensatory time. The employee and the supervisor will decide the means of compensation. On-call employees are defined as employees who must remain in the area of their home while on-call so they can be easily contacted and then respond to emergency situations. Exempt employees who are on-call will only receive the equivalent of four (4) hours of pay at their pay rate. A schedule outlining who is on-call will be submitted to the Assistant Superintendent on January 1 and July 1.

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29. STAFF VOLUNTARY TRANSFER OF ACCRUED MEDICAL LEAVE The District recognizes that employees may face catastrophic illnesses/injuries that may exhaust their medical leave. To provide assistance to employees in these cases, the District shall establish a Medical Leave Assistance Program to which employees may voluntarily contribute medical days for use by other employees. Contribution of Medical Days Employees will be given the opportunity to contribute medical days to the Bank after two (2) years of full-time employment. An employee may only contribute to the Bank if he/she has more than ten (10) days in his/her own account. The Bank shall initially be established by requesting a one day contribution from all employees. If at any point the Bank has less than ninety (90) days, the District shall request additional donations to the Bank of one (1) day. Employees must contribute each time donations are requested to remain an active member of the Bank. The District shall annually, during the last week of October and the first week of November, accept medical day contributions from new members to become eligible for the Medical Bank. It is understood that once these days are contributed they shall not be returned to the employee and shall become the possession of the Medical Bank. Withdrawal of Medical Bank Days A full-time employee may request days from the Medical Bank for catastrophic illness/accident to himself/herself or a member of his/her immediate family. A medical doctor must verify this illness/accident. In order to qualify, the employee:

1. Must have been employed by the District full-time for two (2) full years. 2. Must be a Medical Leave Bank contributor.

The Medical Bank Committee for approval/disapproval will review the employee’s application, within ten (10) working days of receipt of the application. An employee must use all his/her accumulated leave (vacation, personal, medical, compensatory) before applying to the Medical Bank. An employee who withdraws from the Bank may contribute at his/her discretion to the Bank with no limitations. Pay An employee may draw from the Medical Bank until he/she is covered by: 1. The District Short Term Disability Program 2. The Long Term Disability Program 3. Disability benefits provided by no-fault insurance 4. Social Security disability benefits 5. Rehabilitation income 6. Any salary, wages, commission or similar compensation payments

7. Loss of time benefits provided by other insurance Catastrophic Illness/Accident Defined

A catastrophic illness/accident is defined as a sudden, unexpected illness/injury with disastrous consequences. Such consequences shall include, but not be limited to: terminal illness, inability to perform duties or loss income. In addition, it will include loss of the ability to perform basic life functions; i.e., ability to feed oneself, ability to communicate, ability to perform activities of daily living or mobility in which it is projected

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the employee will be absent from the workplace a minimum of eleven (11) days. (Normal pregnancy and childbirth are not included.) 30. LONGEVITY Employees with more than ten (10) years of service to Gilbert Public Schools will be eligible for a stipend from a pool of $15,000 to a maximum of $300 per person. In order to qualify for this stipend, employees must meet the following guidelines:

1. They must have been employed by the District for ten (10) years before the fiscal year begins. 2. They must complete six (6) hours of job related staff development during non-work time. It must be

approved by the Director of Professional Development and Professional Growth in Human Resources. The hours must be directly related to the job duties performed by the employee.

3. Classes being used for Longevity must be completed in their entirety to qualify as a “completed”

class. For example, a class that is 12 hours in length must be completed fully by the employee before using 6 of the hours for Longevity.

4. All items on the employee's evaluation must be satisfactory or higher. 5. The same professional development hours will not be eligible for incentive credit. 6. Application for the Longevity Stipend must include: a. Completion of the Longevity Request Form through MyLearningPlan b. A copy of employee's current year evaluation c. Documentation of the course(s) 7. Application for the stipend must be submitted through MyLearningPlan by June 15. Eligible

employees may apply yearly. 8. Eligible employees will receive their stipend in their first paycheck after the next fiscal year.

31. PHASED RETIREMENT The Governing Board recognizes the value that long-term staff members provide to the school District. In an effort to recognize these contributions to the District, the following policy is adopted allowing classified employees to draw benefits from the Arizona State Retirement System and phase their retirement as an employee through a 3rd party contracted employer. Employment by a Private Third Party EmployerGPS has entered into a contract with a private 3rd party employer who provides more senior and experienced staff eligible to retire from Arizona State Retirement System, to Gilbert Public Schools on an as needed basis. Third Party employees will be placed in the District in a position for which they are qualified. Third party employers shall be responsible for the employees’ salary, benefits (e.g. sick days, performance pay) and direct supervision through the phased retirement placement. Third party employees may be placed to a maximum of 5 years, but employed on a year-to-year basis.

Qualifications Individuals applying to this program must be eligible to retire from the Arizona State Retirement System, have at least eighty (80) points (age plus years of service), and have been employed by Gilbert Public Schools for a minimum of ten (10) years or at least 62 years of age and have been employed by the District for a minimum of ten (10) years.

Application for this Program Individuals wishing to apply to the Phased Retirement Program must submit a letter of interest, a current résumé, and a letter of retirement to the District on or before the first school day after Winter Break.

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The District will review this application and notify the individual and private third party employer of its decision regarding their application on or before April 15. In subsequent years, the employee shall notify the Human Resources Department, private third party employer, and his/her supervisor of the desire to remain in the program, or resign, on or before the first school day after Winter Break of the preceding year. This shall be done in writing. The District shall review this request and inform the employee, supervisor and the private third party employer of their decision on or before April 15, if possible. Retirees who receive a satisfactory evaluation shall be considered for continued employment through the Phased Retirement Program to a maximum of five years. Retirees are advised that selection into this program is at the sole discretion of the District based on individual site and staffing needs. The third party employer’s phased retirement contracts are granted on a year-to-year basis. Sick Leave/Personal Leave Buy Back The District will buy back these retirees’ sick leave/personal leave pursuant to the present policy as outlined in the Memorandum of Understanding. These days shall be bought back over a five (5) year period. Sick Leave Individuals selected to participate in this program shall earn sick leave on a pro rata basis during their continued employment. They shall be allowed to accumulate up to a maximum of twenty (20) days of sick leave. Employees entering this program may also choose to carry over days from their regular employment sick leave to supplement these days up to ten percent, to a maximum of ten (10) days, of their accumulated days. When days are used, they may be earned back as long as the employee does not exceed the twenty (20) day limit. These days will not be eligible for buy back from the District at any time. The Assistant Superintendent shall be able to advance days to an employee in extenuating circumstances. Personal Days Retirees participating in the program are not eligible for personal days. Insurance Coverage Third party employees participating in this program may purchase their insurance, in the following manner: 1) they may continue their insurance coverage with GPS under the guidelines adopted by the Gilbert Employee Benefit Trust; 2) they may purchase insurance through the Arizona State Retirement System plan; 3) they may purchase insurance through third party employer.; 4) they may purchase insurance through COBRA; 5) they may purchase coverage through the Gilbert Public Schools Extended Benefit Plan; or 6) they may purchase an individual insurance plan. Duties Third party employees will be expected to adhere to District Policies and Procedures as outlined in the Memorandum of Understanding.

Salary Schedule Placement Selected employees will be paid a salary commensurate with their range and step of the ensuing year by third party employer. This salary will remain constant for the five (5) years of employment with third party employer. Reemployment at the Conclusion of Phased Retirement: After the five year period, an employee wishing to be reemployed by the District must complete all requirements to become a part of the District applicant pool and complete the required interviewing process.

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32. GRADATION APPEAL PROCESS A Gradation Appeals Committee is established to review gradation appeals. Membership on the committee will be a three (3) year term with a rotation of members established. The committee will be composed of one representative from each of the following job families: Transportation Food Service Maintenance Clerical Instructional Campus Administrator Technology Health Services Business Services Community Education The committee will also include the current GSCP president and the Executive Director of Human Resources. The Executive Director of Human Resources will be a non-voting member. It is the responsibility of the Support Staff employees and/or supervisors to submit a gradation appeal form (included with this article) on or before Wednesday, December 17, 2008 to Human Resources. Employees will be notified of the receipt of the appeal form in writing. The Gradation Appeals Committee will review the gradation appeal forms during the month of January. If a job title is regraded to a higher grade, the promotion will be calculated from the step the employee would have been on effective July 1, same as approval time for the regradation. If a job title is downgraded by the Gradation Appeals Committee, the employees under that job title shall retain their same step. Results from the Gradation Appeals Committee will be presented to the Gilbert Governing Board no later than March 2009 for their approval. A systematic review of job families will be done on a regular basis. Any changes in gradation will be implemented July 1 at the beginning of the next fiscal year. 33. GRIEVANCE REGULATIONS The following terms will be used within these procedures, using the accompanying definitions:

1. A grievance is any claim by any employee or any group of employees that an administrator(s) or supervisor(s) has violated, misinterpreted, or misapplied a Board policy or an administrative regulation.

2. The aggrieved person(s) shall mean the employee or group of employees making the claim. 3. The offender(s) shall mean the person or group of persons against whom the claim is made.

Guidelines: 1. A grievance shall not apply to any matter to which a method of review is prescribed by law or by

any rule or regulation of the Arizona State Board of Education or the Superintendent of Public Instruction that has the force and effect or law, or by any policy of the Arizona State Board of Education; nor shall it apply to any matter in which the Governing Board is without authority to act.

2. The Assistant Superintendent for personnel shall be liaison for the Superintendent and the Board in all matters affecting interpretation of employee contracts, grievances, or complaints. The

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Assistant Superintendent for Human Resources shall be informed of all grievances and provided copies of written documentation related to all grievances.

3. Grievance proceedings shall be kept as informal and confidential as may be appropriate at any level of the grievance procedure.

4. All documents, communications, and records dealing with the processing of a grievance shall be permanently filed in the Human Resources office.

5. Any aggrieved person shall continue to follow Board policy and administrative direction during the processing of a grievance, regardless of the status of the grievance, until such grievance is properly completed.

6. All grievance meetings, at the administrative level, shall be conducted in private, as opposed to a public meeting, and shall include only such parties as heretofore referred to in this grievance procedure.

7. Nothing contained herein shall be construed as limiting the right of any teacher, administrator, or other employee having a complaint to discuss the matter informally with the appropriate person or persons and having the complaint adjusted without use of the grievance procedure.

8. It is important that grievances be processed as rapidly as possible. The number of days indicated at each level shall be considered as a maximum. Every effort shall be made to expedite the process. The time limits specified may, however, be extended by mutual agreement of the parties concerned.

9. All time limits consist of working days, except that when a grievance is submitted less than ten days before the close of the current school term, it will be processed as soon thereafter as possible.

10. School days, for the purpose of the grievance procedure, shall mean days of scheduled school

attendance for teachers. 10. In cases of extenuating circumstances, any administrator may waive personal involvement in the

grievance procedure.

Procedure for submitting a grievance: 1. Each grievance to be processed through the formal grievance procedure shall be submitted in

writing. 2. Each grievance shall identify the aggrieved party, the provision(s) of these procedures,

established Board policy, the memorandum of understanding, or administrative regulation(s) involved in the grievance; the time and the place where the alleged offense constituting the grievance occurred; a statement of the grievance; a statement of redress sought by the aggrieved party; and, if known, the identity of the person or persons responsible for causing the offense.

3. A formal grievance shall be deemed waived and void unless it is submitted, in writing, within 45 working days of the date when the offense occurred.

4. The employee may be accompanied by another district employee or a representative of a professional organization recognized by the district. This individual’s role will be to observe the meeting.

5. Failure at any step in this procedure to communicate decisions, in writing, as called for on a grievance within the specified time limits shall permit the grievance to proceed to the next step. Failure at any step to appeal a decision to the next step, in writing, within the specified time limits shall be deemed to be acceptance of the decision rendered at that step and there shall be no further right of appeal.

Informal Procedure

An aggrieved person shall first discuss, informally and privately, the potential grievance with the building principal or immediate supervisor, with the objective of resolving the matter informally. The grievance need not be written at the informal procedure level, but the discussion must take place within ten working days of the occurrence.

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Formal Procedure Level One:

1. If the aggrieved person is not satisfied with the disposition of the grievance at the informal level, or if no decision has been rendered within five working days after presentation of the grievance, the aggrieved person may submit the grievance, in writing, to the building principal or immediate supervisor.

2. The building principal or immediate supervisor shall deliver a written decision within 15 (fifteen) working days. If the aggrieved person is not satisfied with the response of the building principal or supervisor, or if no decision has been rendered within 15 (fifteen) working days, the aggrieved person may submit a copy of the grievance to the appropriate Assistant Superintendent who supervises the employee’s administrator. This must be done within 15 (fifteen) days after the decision of the building principal or supervisor.

Level Two:

1. Upon receipt of the grievance, the Assistant Superintendent shall confer with the aggrieved person and other persons with respect to the grievance in an effort to resolve the grievance.

2. The Assistant Superintendent shall deliver a written decision to the aggrieved person within 15 (fifteen) working days after it is received.

Level Three:

1. If the aggrieved person is not satisfied with the disposition of the grievance at Level Two, or if no decision has been rendered, the aggrieved person may submit an appeal of the grievance, in writing, to the Superintendent within five working days after presenting it at Level Two.

2. Upon receipt of the grievance, the Superintendent shall confer with the aggrieved person and other persons with respect to the grievance in an effort to resolve the grievance.

3. The Superintendent shall deliver a written decision to the aggrieved person within 15 (fifteen)

working days after it is received.

Level Four:

1. If the aggrieved person is not satisfied with the disposition of the grievance at Level Three, or if no decision has been rendered within fifteen working days after presentation of the grievance, the aggrieved person may submit an appeal of the grievance, in writing, to the Governing Board. Such an appeal shall be filed with the Superintendent not later than five working days after notification of the Superintendent’s decision at Level Three.

2. The Superintendent shall provide to the Governing Board members a copy of all documents related to this grievance. After reviewing these documents, the Governing Board may choose to have the employee(s) meet with the Governing Board or may review the grievance with the Assistant Superintendent for Human Resources. The Governing Board shall then in an open meeting give direction to the Assistant Superintendent for Human Resources their response, who shall prepare the response, and deliver it to the employee. A copy of this response shall be provided to all Governing Board members. The Governing Board in conjunction with the Assistant Superintendent for Human Resources shall complete this process within a reasonable time.

34. EVALUATION INSTRUMENT (Next 9 pages)

Gilbert Public Schools 2008-2009 Work Day Calendar

12mnth 10 mnthsp Aides, 9mnth, Crossing Grds JULY 2008 JANUARY 2009 Working Days in Contact 247 Working Days in Contact 194 Working Days in Contact 180

S M T W Th F S S M T W Th F S Paid Holidays 13 Paid Holidays 12 Paid Holidays 111 2 3 4 5 1 2 3 Total Days 260 Total Days 206 Total Days 191

6 7 8 9 10 11 12 4 5 6 7 8 9 10 Unpaid Non-Working Days 1 Unpaid Non-Working Days 16 Unpaid Non-Working Days 1613 14 15 16 17 18 19 11 12 13 14 15 16 17 December 24, 2008 Oct. 13,14,15,16,17 Oct. 13,14,15,16,1720 21 22 23 24 25 26 18 19 20 21 22 23 24 Beginning Date 7/1/08 Dec.22,23,24,29,30,31 Dec.22,23,24,29,30,3127 28 29 30 31 25 26 27 28 29 30 31 Ending Date 6/30/09 March 16,17,18,19,20 March 16,17,18,19,20

Beginning Date 7/21/08 Beginning Date 8/6/0812mnts Ending Date 5/26/09 Ending Date 5/21/09

Working Days in Contact 234AUGUST 2008 FEBRUARY 2009 Paid Holidays 13

S M T W Th F S S M T W Th F S Total Days 247 Nurse,Health Asst. Transportation1 2 1 2 3 4 5 6 7 Unpaid Non-Working Days 14 Working Days in Contact 187 Working Days in Contact 182

3 4 5 6 7 8 9 8 9 10 11 12 13 14 Oct. 15,16,17 Paid Holidays 11 Paid Holidays 1110 11 12 13 14 15 16 15 16 17 18 19 20 21 Dec. 22,23,24,29,30,31 Total Days 198 Total Days 19317 18 19 20 21 22 23 22 23 24 25 26 27 28 March 16,17,18,19,20 Unpaid Non-Working Days 16 Unpaid Non-Working Days 1624 25 26 27 28 29 30 Beginning Date 7/1/08 Oct. 13,14,15,16,17 Oct. 13,14,15,16,1731 Ending Date 6/30/09 Dec.22,23,24,29,30,31 Dec.22,23,24,29,30,31

March 16,17,18,19,20 March 16,17,18,19,20SEPTEMBER 2008 MARCH 2009 11 mnths Beginning Date 7/29/08 Beginning Date 8/4/08

S M T W Th F S S M T W Th F S Working Days in Contact 215 Ending Date 5/22/09 Ending Date 5/21/091 2 3 4 5 6 1 2 3 4 5 6 7 Paid Holidays 12

7 8 9 10 11 12 13 8 9 10 11 12 13 14 Total Days 22714 15 16 17 18 19 20 15 16 17 18 19 20 21 Unpaid Non-Working Days 16 9.5 mnth Social Workers21 22 23 24 25 26 27 22 23 24 25 26 27 28 Oct. 13,14,15,16,17 Working Days in Contact 185 Working Days in Contact 18428 29 30 29 30 31 Dec.22,23,24,29,30,31 Paid Holidays 11 Paid Holidays 12

March 16,17,18,19,20 Total Days 196 Total Days 196Beginning Date 07/21/08 Unpaid Non-Working Days 16 Unpaid Non-Working Days 16

OCTOBER 2008 APRIL 2009 Ending Date 06/24/09 Oct. 13,14,15,16,17 Oct. 13,14,15,16,17S M T W Th F S S M T W Th F S Dec.22,23,24,29,30,31 Dec.22,23,24,29,30,31

1 2 3 4 1 2 3 4 10.5 mnt March 16,17,18,19,20 March 16,17,18,19,205 6 7 8 9 10 11 5 6 7 8 9 10 11 Working Days in Contact 203 Beginning Date 7/31/08 Beginning Date 8/4/0812 13 14 15 16 17 18 12 13 14 15 16 17 18 Paid Holidays 12 Ending Date 5/22/09 Ending Date 5/26/0919 20 21 22 23 24 25 19 20 21 22 23 24 25 Total Days 21526 27 28 29 30 31 26 27 28 29 30 Unpaid Non-Working Days 16

Oct. 13,14,15,16,17 Security Guards Dec.22,23,24,29,30,31 Working Days in Contact 181

NOVEMBER 2008 MAY 2009 March 16,17,18,19,20 Paid Holidays 11S M T W Th F S S M T W Th F S Beginning Date 7/21/08 Total Days 192

1 1 2 Ending Date 6/8/09 Unpaid Non-Working Days 162 3 4 5 6 7 8 3 4 5 6 7 8 9 Oct. 13,14,15,16,179 10 11 12 13 14 15 10 11 12 13 14 15 16 Dec.22,23,24,29,30,3116 17 18 19 20 21 22 17 18 19 20 21 22 23 10 mnth March 16,17,18,19,2023 24 25 26 27 28 29 24 25 26 27 28 29 30 Working Days in Contact 194 Beginning Date 8/5/0830 31 Paid Holidays 12 Ending Date 5/21/09

Total Days 206Unpaid Non-Working Days 16

DECEMBER 2008 JUNE 2009 Oct. 13,14,15,16,17S M T W Th F S S M T W Th F S Dec.22,23,24,29,30,31

1 2 3 4 5 6 1 2 3 4 5 6 March 16,17,18,19,207 8 9 10 11 12 13 7 8 9 10 11 12 13 Beginning Date 7/28/0814 15 16 17 18 19 20 14 15 16 17 18 19 20 Ending Date 6/2/0921 22 23 24 25 26 27 21 22 23 24 25 26 2728 29 30 31 28 29 30

1 HolidayUnpaid Non Working Day (12 MNTH)