AEA Contract

Table of Contents

July 1, 2003 to June 30, 2006

For simplicity purposes, specific language for each article from the 2003 contract is not provided except for Articles 5, 8 and 12. However, specific language for each article is available in the 2000 contract.

2006-2009 AEA Contract

Article 5 from the 2000 Contract

5.01 Bereavement Leave

5.01.01 An employee shall be entitled to a leave of seven (7) days due to the death of spouse, parent, or child.

5.01.02 An employee shall be entitled to a leave of absence, not to exceed three (3) days for one-way travel of 250 miles or less; or five (5) days if one-way travel of over 250 miles is required, due to the death of any member of his/her immediate family, except for spouse, parent, or child.

5.01.03 For purposes of this provision, the term "immediate family" shall include grandparents, grandchildren, in-laws, siblings of the employee, individual noted on a Domestic Partner Affidavit or any individual residing in the immediate household of the employee. Inclusion of other members in the definition of "immediate family" may be granted at the direction of the Superintendent, or designee.

5.01.04 Any employee may be granted up to two (2) days' be¬reavement leave for the death of persons of estab¬lished close family relationship.

5.01.05 For leave granted under this provision, no deductions shall be made from salary or sick leave, unless otherwise specified.

5.01.06 Upon exhaustion of bereavement leave, an employee may use personal necessity leave in accordance with Section 5.04.

5.01.07 Upon exhaustion of personal necessity leave, an extension of bereavement leave may be granted by the Superintendent but it shall be deducted under sick leave. Requests shall not be unreasonably denied.

5.01.08 Notification to the District of the absence shall be made in accord with the sick leave policy.

5.02 Judicial Leave

5.02.01 An employee shall be granted leave to appear in court as a witness when subpoenaed, other than as a liti¬gant, to serve on a jury, or respond to an official order from another governmental jurisdiction for reasons not brought about by the connivance or mis¬conduct of the employee. An employee shall receive his/her regular pay and shall endorse to the District any amounts received for jury duty.

5.03 Personal Illness and Injury Leave

5.03.01 A full-time employee shall be entitled to ten (10) days' leave with full pay each school year for pur¬poses of personal illness and injury.

5.03.02 An employee who works less than full-time shall be entitled to that portion of the ten (10) days as the number of hours per week of scheduled days relates to the number of hours or a full-time employee in a comparable position.

5.03.03 A full time employee may use up to ten (10) days of accrued/available sick leave per year to attend to an illness of a child, parent or spouse. This use shall be subject to the same conditions and restrictions as apply to the employee’s use of sick leave for his/her own illness. This sick leave entitlement shall not extend the maximum period of leave to which the employee is entitled under Government Code Section 12945.2 or the Family Medical Leave Act and shall run concurrently with those leaves when the reason for this leave is also reason for leave under those provisions.

5.03.04 Extended Sick Leave of Absence with 5 Month Differential Pay

During each school year when a unit member has exhausted all available sick leave, including all accumulated sick leave, and continues to be absent from his or her duties on account of illness or accident for an additional period of up to five school months, whether or not the absence arises out of or in the course of employment, the amount deducted from the salary due the unit member for any month in which the absence occurs shall not exceed the sum which is actually paid a substitute employee to fill the position during the absence or, if no substitute employee was employed, the amount that would have been paid to the substitute had he or she been employed. The District shall make every reasonable effort to secure the services of a substitute employee. Any salary paid to a substitute teacher in excess of the absent unit member’s daily rate shall be paid by the District.

a. The sick leave, including accumulated sick leave, and the five-month differential period shall run consecutively, unless an employee qualifies for Catastrophic Sick Leave, under Article 5.03.15. In the case of an employee who qualifies for Catastrophic Sick Leave, the order of benefits shall be (1) accumulated sick leave, (2) approved catastrophic leave, (3) differential pay leave, and (4) second approved catastrophic leave.

b. If awarded catastrophic leave the employee may use that leave prior to the five (5) month differential pay leave.

c. A unit member shall not be provided more than one five-month period per illness or accident. However, if a school year terminates before the five-month period is exhausted, the unit member may take the balance of the five-month period in the subsequent school year.

d. When a unit member has exhausted all available sick leave, including accumulated sick leave, and continues to be absent on account of illness or accident beyond the five month period provided for above, and the unit member is not medically able to resume the duties of his or her position, the unit member shall, if not placed in another position, be placed on a reemployment list for a period of 24 months if the unit member is on probationary status, or for a period of 39 months if the unit member is on permanent status. When the unit member is medically able during the 24 or 39 month period, the unit member shall be returned to employment in a position for which he or she is credentialed and qualified. The 24-month or 39 month period shall commence at the expiration of the five-month period provided for above.

5.03.05 An employee may accumulate unused sick leave without limitations.

5.03.06 The District may require verification of illness, injury, or quarantine from a licensed physician, licensed medical care provider or nurse practitioner, if an employee utilized sick leave for five (5) con¬secutive school days. Employees returning to work from sick leave involving major surgery or serious illness shall be required to present a doctor's release verifying medical permission to return to work.

5.03.07 An employee must contact his/her supervisor in ad¬vance of taking sick leave whenever possible in order that other arrangements may be made for services needed. In cases where the absence will be for a period more than one day, the employee will notify the Substitute Desk the day prior to his/her return. Where earlier notification is not possible, the employee will notify the Substitute Desk between 6:00 a.m. and 8:00 a.m. on the day of return to duty.

5.03.08 An employee who is absent for one-half day or less shall have one-half day deducted from accumulated leave; and if the absence exceeds more than one-half day, a full day shall be deducted from accumulated leave. When the notification of return to duty is given too late to withdraw the substitute from the assignment, the substitute shall be permitted to work an additional one-half day and the regularly assigned employee shall be assessed an additional half day of absence.

5.03.09 A full time Adult School employee shall be entitled to ten (10) days' sick leave. Hourly Adult School employees shall be entitled to sick leave based on twice the number of hours of service per week assigned.

5.03.10 An Adult School employee who does not use the allot¬ted sick leave during any school year shall be al¬lowed to accumulate sick leave on the following basis: the average number of days employed per week shall determine the number of days sick leave al¬lowed. The number of days allowable sick leave shall be converted into hours and the net number of hours unused at the close of the school year will be cred¬ited to the employee.

5.03.11 A ten (10)-month employee serving in a certificated position during the summer months may use any accumu¬lated sick leave in a manner similar to the regular school year.

5.03.12 The Superintendent or the supervisor of the employee may require a physician's or other verification as to any employee's claimed reasons for absence in any situation which it is believed that no valid grounds exist for the employee's claim for absence.

5.03.13 Quarantine Absence There will be no charge against an employee's cumula¬tive sick leave if because of another's illness he/she has been quarantined by city or county health officers. Under these circumstances, the employee shall receive his/her salary in full.

5.03.14 Compelling Personal Importance Three (3) days of sick leave may be used by an em¬ployee for the reason of compelling personal impor¬tance. "Compelling Personal Importance" is used to mean an event or circumstance which is out of the ordinary, beyond the control of the employee, and one that cannot be handled before or after regular duty hours. This day may not be used in conjunction with any other leave without prior approval by the Dis¬trict Personnel Office.

5.03.15 Catastrophic Sick Leave Bank

a. The District shall establish a Catastrophic Leave Bank for all employees beginning January 1, 1998. The purpose of the Catastrophic Sick Leave Bank is to provide those employees with severe, incapacitating illnesses or injuries with additional leave support in a manner that is fair and equitable for all members. The Catastrophic Sick Leave Bank is the only means by which donated sick leave days may be claimed by a member.

b. Every unit member who wishes to be eligible for this “bank” must contribute one sick leave day to the “bank” for that current year. If the unit member does not contribute when eligible (within 90 days of eligibility as a probationary/permanent teacher) the unit member forfeits the ability to use this bank. This eligibility rule is in effect each time the bank requests new contributions. Any time the bank falls below sixty (60) days a new solicitation shall be done.

c. A maximum of sixty (60) days may be given a member for catastrophic leave. All catastrophic leaves must be preceded by a letter defining the catastrophic nature of the request. An employee applying for catastrophic leave shall have suffered severe incapacitating illness or injury, as certified by the attending physician or doctor, which requires the regular and continual care of a physician or doctor, and which prevents the employee from performing the substantial duties of his/her assignment. The Chief Personnel Officer, Personnel services and the AEA President shall act upon the request. The granting of catastrophic leave shall be contingent upon mutual agreement of the District and AEA and this decision shall not be grievable.

d. A condition of the granting of the first sixty (60) days of catastrophic leave shall be the exhaustion of fully paid leave. However, the first sixty (60) catastrophic leave days shall be considered pre-differential days.

e. Any unit member is eligible to reapply for one additional unit of sixty (60) days if needed after the differential days have been exhausted.

f. To be eligible for an additional sixty (60) days of catastrophic leave (paragraph above), the unit member shall be enrolled in an income protection plan providing for a minimum of one (1) year’s salary.

g. An employee who is on catastrophic leave may be required by the Committee to apply for STRS disability.

h. A review of the Catastrophic Leave Bank may be initiated by the District or the Association by May 1 of any year and shall be continued into the next school year only with mutual agreement.

5.01.16 Sick Leave Incentive

A full-time employee shall accumulate one extra day of sick leave for each year that the employee uses one or less days of sick leave.

A donation to the catastrophic leave bank or use of up to three days of personal necessity as religious holidays shall not constitute use of sick leave for purposes of this provision.

5.04 Personal Necessity Leave

5.04.01 Personal necessity leave shall be limited to circum¬stances serious in nature which an employee cannot reasonably be expected to disregard. Absences pursuant to this leave provision normally necessitate the employee's immediate physical presence elsewhere and involve matters which cannot be accomplished at any other time.

5.04.02 In any single school year a maximum of seven (7) days of accumulated sick leave may be used for personal necessity reasons as defined below.

5.04.03 Under personal necessity leave, an employee shall not be required to secure advance permission for leave taken for any of the following reasons:

a. Death or illness of a member of his/her immedi¬ate family.

b. Accident involving his/her person or property, or the person or property of a member of his/her immediate family.

c. Imminent danger to the home of the employee, occasioned by an event such as flood or fire, serious in nature, which under the circumstances the employee cannot reasonably be expected to disregard, and which requires the attention of the employee during his/her assigned hours of service.

5.04.04 The following personal necessity leaves shall require prior notice and be limited to:

a. Appearance in court as a litigant

b. Paternity

c. Bereavement beyond the number of days allowable in the bereavement leave, Section 5.01.04.

d. Adoption

e. Established religious holidays.

5.04.05 Advance approval shall be required for other personal "contingencies" that require the employee's absence from duty. "Contingency" is used to mean an event or circumstance which is out of the ordinary, beyond the control of the employee and one that cannot be han¬dled before or after regular duty hours.

5.04.06 Where prior notice or approval is necessary for personal necessity leave, the employee shall submit a Personal Necessity Form to the Personnel Office. Forms for such leave are to be submitted at least two (2) days prior to commencement of leave.

5.04.07 The employee shall fill out the necessary absence forms upon his/her return. The District Personnel Office shall be responsible for the administration of personal necessity leave, including verification of such leaves.

5.05 Industrial Accident/Illness Leave

5.05.01 An employee will be entitled to industrial accident or illness leave according to the provisions in the Education Code for personal injury which has qualified for workers' compensation under the provisions of the State Compensation Insurance Fund.

5.05.02 Such leave shall not exceed sixty (60) days during which schools of the District are required to be in session or when the employee would otherwise have been performing work for the District in any one fiscal year for the same industrial accident or illness.

5.05.03 For any days of absence from duty as a result of the same industrial accident or illness, the employee shall endorse to the District any wage loss benefit check from the State Compensation Insurance Fund which would make the total compensation from both sources exceed 100% of the amount the employee would have received as salary had there been no industrial accident or illness.

5.05.04 If the employee fails to endorse to the District any wage loss disability indemnity check received due to the industrial accident or illness as provided above, the District shall deduct from the employee's salary warrant the amount of such disability indemnity actually paid to and retained by the employee.

5.05.05 The District has the right to have the employee examined by a physician designated by the District to assist in determining the length of time during which the employee will be temporarily unable to perform assigned duties and the degree to which a disability is attributable to the injury or illness involved.

5.06 Maternity Leave

5.06.01 Maternity Leave: The Board shall provide for leave of absence from duty for any employee who is required to be absent from duties because of pregnancy, miscarriage, childbirth, and recovery therefrom. The length of the leave of absence, including the date on which the employee shall resume her duties, shall be determined by the employee and the employee's physician.

5.06.02 Pregnancy Disability: An employee is entitled to use personal illness leave as set forth in Section 5.03 of this Article for disabilities caused or contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom. Such leave shall not be used for child care, child-rearing, or preparation for child-rearing, but shall be limited to those disabilities as set forth above.

The length of such disability leave, including the date on which the leave shall commence and the date on which the duties are to be resumed, shall be determined by the employee and the employee's physi¬cian; however, the District management may require verification of the extent of disability through consultation with the employee and the employee's physician.

5.07 Child-Rearing Leave

5.07.01 Upon request, the Board shall provide an employee who is a natural or adopting parent an unpaid leave of absence for the purpose of rearing his or her child. Such leave shall remain in effect no longer than the end of the second semester following the request for this leave.

5.07.02 An employee shall notify the Superintendent that he/she intends to take such leave at least six (6) weeks prior to the anticipated date on which the leave is to commence or as soon as possible. Upon request, the Board shall extend a child-rearing leave up to two (2) additional semesters.

5.07.03 Any employee who seeks an extension of a child-rear¬ing leave shall notify the Superintendent no later than six (6) weeks preceding the expiration of the original leave.

5.08 Health Leave

5.08.01 The Board shall grant an employee who has exhausted all other illness leaves, upon request, an unpaid leave for health reasons for the period requested up to the end of the school year.

5.08.02 A statement by the employee's physician to the effect that the employee is entitled to such leave shall be furnished at the Board's request.

5.08.03 An employee shall notify the Board of his/her intend¬ed return date at least two (2) weeks in advance but in no event later than June 30.

5.09 Study Leave

5.09.01 Board may grant an employee an unpaid leave of absence to pursue educational improvement and ad¬vancement. This improvement and advancement shall consist of a formal course of study for credit. Such leave shall be for a minimum of one semester and a maximum of two (2) semesters and shall be extended upon request for a maximum of two (2) additional semesters, provided that verification of full-time academic pursuit is presented.

5.09.02 An employee shall make application to the Superintendent at least six (6) weeks prior to the anticipated date on which the leave is to commence.

5.09.03 An employee who seeks an extension of study leave shall make application no later than six (6) weeks preceding the expiration of the original leave.

5.10 Legislative Leave

5.10.01 An employee who is elected or appointed to a public office shall be entitled to an unpaid leave of ab¬sence for the length of his/her term or terms of office.

5.10.02 The employee on such leave shall notify the Board of his/her intended return at least six (6) weeks in advance.

5.10.03 The employee on such leave shall be entitled to return to employment at the end of the leave.

5.11 Inservice Leave

5.11.01 Upon request, an employee may be granted inservice leave for the purpose of improving his/her professional performance. This includes attendance at professional conferences and performance of duties as an officer in a professional organization. Applica¬tion for such leave shall be made to the Superin¬tendent through the employee's immediate supervisor. Such leave shall be paid.

5.12 Sabbatical Leave

5.12.01 All applications for sabbatical leave shall be submitted to the Office of Personnel and shall include a detailed outline of the purpose and the plans for use of such leaves.

5.12.02 An employee who has served the District for seven (7) consecutive years is eligible to apply for sabbatical leave. Authorized leaves shall not constitute a disruption of consecutive years of service accruing toward the sabbatical leave requirements. Leaves may be one semester or one year.

5.12.03 Applications for sabbatical leave must be submitted to the Office of Personnel no later than March 1 of the year preceding the school year in which leave is requested.

5.12.04 Members of the unit may be granted sabbatical leave in any one school year if approved by the Board in accordance with the provisions of this section.

Distribution of leaves will be weighted against the following criteria:

a. Specific purpose of the sabbatical and the benefit to the schools and pupils of Dis¬trict

b. Quality of applicant's service to the District

c. Former sabbatical leaves granted to the employee

d. Total length of employee's professional service

e. Employee's seniority in the District

f. Cost to the District

5.12.05 Evaluation of application shall be made by a commit¬tee consisting of three (3) employees appointed by the Association and three (3) others appointed by the Superintendent or his/her designee.

5.12.06 An employee on sabbatical leave shall be compensated at the difference between the salary of the employee on leave and the salary at Step I, Column 3, on Salary Schedule A. While on leave, the employee may continue fringe benefits at his/her own expense.

5.12.07 Upon application, the employee will sign an agreement to return to service in the District for not less than two (2) years upon completion of leave, or restore to the District all compensation received while on leave. Sabbatical leave salary payment will be made in the same manner as if the employee were working in the District.

5.12.08 In case of injury to, or illness of, the employee during sabbatical leave which prevents his/her com¬pleting the purpose of the leave, the sabbatical leave will be terminated and all provisions for sick leave will apply. If death, serious injury, or disabling illness prevents the employee from fulfill¬ing the agreement to return to service in the Dis¬trict, no repayment of salary will be required.

5.12.09 The employee who has taken sabbatical leave will file with the Office of Personnel, for transmission to the Board of Education, a detailed report within sixty (60) days after returning, giving evidence that the program of study and/or travel has been carried out.

5.12.10 Upon approval by the Board of Education, a contract shall be drawn which provides for reimbursement to the District in the event of failure to complete the specifications of the contract.

5.13 Family Medical Leave

5.l3.01 The District shall comply with the applicable provisions of the California Family Rights Act and the Family and Medical Leave Act. Nothing herein shall be construed to delete any rights in the con¬tract or the Education Code. 5

.l3.02 Specifically, the Act permits leave for birth of a child, placement of a child for adoption or foster care, to care for a spouse, child or parent with a serious health condition, or a serious health condition which renders the employee unable to per¬form job functions. An employee may chose to use his or her accrued sick leave for any leave authorized under the FMLA or the CFRA.

5.l3.03 Definitions of child and parent shall be as defined in the above law.

5.l3.04 For any of the above leave reasons, the employer shall maintain the employee's health benefits coverage on the same level as if the employee has continued to work to the extent required by the above referenced law. If an employee fails to return to work, an employer may recover its share of health plan premiums paid during the period of unpaid leave unless the failure to return is caused by a serious health condition of the employee or other circum¬stance beyond the employee's control.

5.13.05 Family medical leave will run concurrently with other paid and unpaid leave if the reasons for the leave meet the requirements of family medical leave.

5.l3.06 An employee may be required to provide medical certi¬fication whenever a serious health condition of the employee or his/her family member is the reason for the leave. A second or third medical opinion may be required regarding the employee's serious health condition at the District's expense. In certain circumstances, the employee may be required to provide recertification of his or her serious health condition (e.g., when the duration and/or need for the leave is uncertain). Failure to obtain medical certification when necessary may delay the granting of the leave request until such certification is provided.

5.l3.07 Where advance notice is possible, an employee must provide 30 days’ advance written notice of the need for the leave. If the need for the leave is unfore¬seen, written notice must be given as soon as possi¬ble. Failure to provide advance written notice may delay the granting of leave.

5.l3.08 An employee may be required to provide periodic reports of his or her status and of his or her intent to return to work while on leave. Such reports may be required as often as every 30 days, unless other¬wise specified by the employee's immediate supervi¬sor.

5.13.09 An employee on family leave for his or her own seri¬ous health condition is required to provide a fit¬ness-for-duty certificate from his or her physician before he or she will be reinstated to employment.

5.14 Military Leave

5.14.01 Unit members who have active duty assignments during the school year shall be compensated in accordance with applicable law.

5.15 Casual Absence

A supervisor shall have the power to grant a full-time employee permission to be absent, without loss of salary, for parts of a day, not to exceed one-half day, when good reason for such absence exists and provided that frequent requests for such absence are avoided. Such absences may be granted only when the supervisor is certain that the normal assignment for the individual can be adequately covered.

5.16 General Purpose Leave

A leave granted by the Board not specified or defined is a general purpose leave. In the application, the employee must specify the reason for the leave. If this leave is granted, it shall be granted for a maximum of one year. An employee is not limited to one general leave per career. Normally the Board shall not grant a leave to allow the employee to accept other employment, whether the employment be as an educator or in a different occupation.

5.17 Returning from Leave

5.17.01 An employee on an unpaid leave of absence shall be entitled to be assigned to the same site and position held prior to the leave of absence, or if circum¬stances do not permit such assignment, to an avail¬able position at the site similar to the position held at the time the leave was granted only if the employee notifies the District by March 1 of his/her intent to return for the coming school year. If an employee is on leave for health purposes, the Dis¬trict may require a report from the employee's physi¬cian prior to March 1 regarding whether the employee will return to work at the beginning of the following school year. This provision shall not apply to any leave longer than one year.

5.17.02 If, when requested to do so an employee fails to notify the District prior to July 1 of his/her intent to remain or not to remain in the service of the District, the District may terminate the employee as of June 30th of that year in accord with Education Code section 44842. A notice and hearing as required by the Education Code shall be offered prior to termination.

5.18 Miscellaneous

5.18.01 An employee on an unpaid leave of absence shall be entitled to make payments for all District Group Insurance programs in which the employee may wish to participate.

5.18.02 Superintendent may require, where any absence for illness, accident or quarantine is taken during a work stoppage, a statement from the attending physician for such absence. The expense, if any, for this statement verifying valid absence during work stoppage, shall be paid by the District if the employee's medical plan does not cover such expense. No compensation shall be paid for absences which are not under the provisions of this Article.

5.18.03 The District has the right to require that an employ¬ee be examined by a physician designated by the District at the District's expense prior to an employee's return from leave.

This procedure shall be implemented only for just cause. The employee reserves the right to a second medical opinion by a physician or practitioner of the employee's choice at the District's expense.

No absence arising from implementation of this section shall result in loss of salary, fringe benefits, sick leave, or any other leave rights.

Article 5 from the 2000 Contract

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ARTICLE 8

Article 8 from the 2000 Contract

8.01 Site Time

Required site time for members of the unit shall be those hours needed to teach and supervise students; to attend faculty meetings, department meetings, student and parent conferences, Back-to-School Night and Open House; and to perform the Extra Duties defined in 8.05 below.

The Association and the District agree to create a Technology Committee to negotiate the impacts, if any of the use of new technology.

Any new requirement will be evaluated prior to its adoption and will not be implemented without negotiations if it is expected to increase required site time.

8.02 Professional Duties and Activities

8.02.01 Professional duties, to be performed on or off site, shall include:

• Preparation for instruction
• Evaluation of student work
• The development of education plans, when appropriate.

8.02.02 Additional professional activities may include:

• Special help for students
• Curriculum and program development
• School Improvement Plan (SIP) meetings
• School Site Council (SSC) meetings
• Attendance at school functions
• Other activities, which arise in the course of the year, due to unexpected circumstances
• Professional growth

For any exceptions to preparation time and/or scheduling, a waiver request must be submitted to the Association.

8.04 In-Lieu Time

Article 8 from the 2000 Contract

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ARTICLE 12

Article 12 from the 2000 Contract

12.01 District-Provided Coverage

For the term of this Agreement, the District agrees to contribute monthly towards benefits for all employees and their dependents except for dental, vision, and term life insurance which shall be covered by unit members’ elections under the 125 Plan. (See 12.08.) Domestic partners and their dependents shall also be covered. For Adult School unit members, the District shall continue to provide dental, vision, and term life coverage. Providers and rates are specified in Appendix D.

Rate increases in medical plans during the life of the Contract shall be covered by the District to the amount of the medical cap. For the period July 1, 2003 to December 31, 2004, the amount of the medical cap shall be $370. Effective January 1, 2005, the medical cap for employees who select coverage for themselves and one other person (employee plus one coverage) shall be increased to $492.97 per month; and the medical cap for employees who select family coverage shall be increased to $586.43 per month. Any cost above the medical cap shall be covered by a deduction from the employee's salary.

The availability of currently offered medical plans is conditioned upon the insurance carriers' continued contracting with the District.

Other benefits shall be covered in full for the life of the contract.

12.02 Retirement Health Plan

12.02.01 Length and Coverage: Each retired employee is entitled to the same medical benefit as a full-time employee, except that he/she shall be entitled to employee-only coverage. The employee will be covered until his/her 65th birthday. He/she may elect to cover his/her spouse at his/her own expense. Providers and rates are specified in Appendix D.

12.02.02 Eligibility: Qualifying employees must be 52 to 65 years of age.

12.03 Tax-Sheltered Annuities

12.03.01 If satisfactory evidence of other medical coverage is produced and an employee so authorizes, the District shall allocate a cash payment of $305 per month in lieu of providing medical coverage. This benefit shall be available to full-time employees and to part-time employees on a prorated basis. This should be done under a section 125 Plan in accordance with section 12.08.

An employee may participate in the tax-sheltered annuity of his/her choice with the Board providing payroll deduction for this purpose.

12.04 Duration of Benefits

12.04.01 The benefits provided in this Article shall remain in effect during the term of this Agreement.

12.04.02 Should an employee's contract terminate during the school year, he/she shall be entitled to continue coverage under the life, vision, and dental care plans for a period not to exceed six (6) months at his/her own expense. Such employee shall pay the premium for the continued coverage on a quarterly basis.

12.04.03 Should an employee's contract terminate following the last day of the school year and before the commencement of the ensuing school year, he/she shall be entitled to continue under the life, health, vision and dental care plans until October 1, of the ensuing school year at District expense.

12.04.04 Any employee on an unpaid leave under this Agreement shall be entitled to continue coverage under the plans of this Article by paying the premiums on a quarterly basis.

12.04.05 Any employee whose employment terminates during the life of this contract shall be entitled to continuing medical coverage on District plans at his/her own expense in accord with federal law.

12.05 Benefits for a Part-Time Employee

12.05.01 A part-time employee shall have the option of buying into any of the employee benefit plans by paying the premium difference between the ratio of part-time employment and full-time employment, i.e., 60% employee would pay 40% of the premium. In lieu of 12.03.01, the part-time employee may apply that amount to Delta Dental, VSP, and/or life insurance.

12.05.02 Such employee shall become eligible upon the first day of employment.

12.06 Open Enrollment

Open Enrollment which allows for change in fringe benefits coverage will be yearly for a month’s duration announced by the District and the Association.

12.07 Domestic Partners

Employees' domestic partners and their dependents shall be eligible for benefits on the same terms as employees' spouses and their dependents, subject to carrier availability.

12.07.01 Definition

Domestic partners are two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. A domestic partnership may be established between two persons regardless of their gender.

12.07.02 Criteria

12.07.02.01 A domestic partnership shall be established when all the following requirements are met:

a. Both persons have a common residence.

b. Both persons agree to be jointly responsible for each other's basic living expenses incurred during the domestic partnership.

c. Neither person is married nor a member of another domestic partnership.

d. The two persons are not related by blood in a way that would prevent them from being married to each other in this state.

e. Both persons are at least 18 years of age.

f. Both persons are capable of consenting to the domestic partnership.

g. Both persons have filed a Declaration of Domestic Partnership (Appendix I-1 or I-2) with the Alameda Unified School District.

h. It has been at least six months since either of the two parties has filed a Notice of Termination of Domestic Partnership (Appendix I-3 or I-4) with the Alameda Unified School District. This prohibition does not apply if the previous domestic partnership ended because one of the partners died or married.

i. The two parties agree to notify the Alameda Unified School District in writing if there is a change in the circumstances attested to in the Declaration of Domestic Partnership or if the domestic partnership is terminated.

12.07.02.02 A domestic partnership shall terminate when any of the following occurs:

a. One partner gives or sends to the other partner a written notice by certified mail that he or she is terminating the partnership.

b. One of the domestic partners dies.

c. One of the domestic partners marries.

d. The domestic partners no longer have a common residence. A temporary separation resulting from work, education, or health related requirements shall not constitute the cessation of a common residence.

12.07.03 Registration

Two persons desiring to become domestic partners shall file the appropriate Declaration of Domestic Partnership (Appendix I-1 or I-2) with the Alameda Unified School District.

a. Two persons who are either (1) of the same sex or (2) of opposite sexes if one or both persons are over the age of 62 shall complete and file a Declaration of Domestic Partnership with the California Secretary of State on the form prepared by the Secretary of State (Appendix I-1). A copy of this form shall be filed with the Alameda Unified School District.

b. Two persons who are of opposite sexes if both persons are age 62 or under shall complete and file a Declaration of Domestic Partnership on the form prepared by the Alameda Unified School District (Appendix I-2).

12.07.04 Termination

Upon termination of the partnership, the employee shall notify the District by filing the appropriate Notice of Termination of Domestic Partnership (Appendix I-3 or Appendix I-4) with the District.

a. Two persons who are either (1) of the same sex or (2) of opposite sexes if one or both persons are over the age of 62 shall complete and file a Notice of Termination of Domestic Partnership with the California Secretary of State on the form prepared by the Secretary of State (Appendix I-3). A copy of this form shall be filed with the Alameda Unified School District.

b. Two persons who are of opposite sexes if both persons are age 62 or under shall complete and file a Notice of Termination of Domestic Partnership on the form prepared by the Alameda Unified School District (Appendix I-4).

All benefits provided by this section shall cease as of the last day of the month following the receipt of the Notice of Termination of Domestic Partnership. The Notice of Termination of Domestic Partnership must be filed within thirty (30) days of the end of the domestic partnership. If the District suffers any loss as a result of the employee’s failure to file notice, the employee shall be liable to the District for actual loss engendered by the failure to receive notice that the domestic partnership has been terminated.

12.07.05 Application and Terms

In order to receive any benefit provided for by this section, an employee and his or her domestic partner shall complete, have notarized, and file with the District a Declaration of Domestic Partnership as specified. The employee shall also file with the District a signed Statement of Financial Liability indicating that the employee agrees that he or she may be required to reimburse the District and/or the District’s designated health services plan for any expenditures made by the District and/or the District’s designated health services plan, for medical claims, processing fees, administrative charges, costs and attorneys fees on behalf of the domestic partner if any of the submitted documentation is found to be incomplete, inaccurate, or fraudulent (Appendix I-5).

Employer-paid health care coverage for the domestic partner and dependents is considered taxable income to the employee unless the domestic partner is a dependent of the employee as that term is defined by Section 152(a) of the Internal Revenue Code. This benefit coverage is subject to federal income tax and must be reported as imputed income on the employee's Form W-2. The District must pay FICA and FUTA taxes on these amounts and ensure adequate withholding.

The non-employee domestic partner does not have rights to continuing coverage under federal law through COBRA or under any state law.

The District shall be indemnified by the employee against any legal action pursued by another party under community property, contract, or family laws.

12.08 125 Plan

Each employee eligible for fringe benefits under this agreement who can show satisfactory evidence of other medical coverage may elect under the District 125 plan to have an amount equal to the least expensive single medical rate for early retirees paid to him/her as a taxable cash benefit, subject to appropriate tax, instead of receiving medical coverage from the District. The employee may also elect to have this taxable cash benefit invested in a tax sheltered annuity of his/her choice, after withholding appropriate Medicare/FICA and other payroll deductions, subject to a monthly administrative fee.

Article 12 from the 2000 Contract

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Last modified: December 28, 2004

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