Search

2021 CBA Article #5 Summary Report

Summary:  

Article 5 details the various forms of leave available to unit members.  Below please find a bullet point list highlighting some of the various changes/additions/deletions made to Article 5 during this round of negotiations.   Beneath those highlights you will find a detailed rundown of every change made to the article. 

Reorganization – The entire article has been reorganized for greater usability and clarity.

5.2 – Sick Leave – Previously, the district provided a limited window in which members could transfer accumulated sick and injury leave from other institutions. Now, there are no limitations. 

  • Sick Leave Reporting – Previously, when members submitted an absence report they had to list all hours that they were scheduled to work on a given day, how much time they missed, and if they did any unassigned work. Now unit members are only required to report the hours they were absent on a given day within the work week.

5.2.11 – Donation of Sick Leave to Another Unit Member – Previously, if a unit member was faced with a catastrophic injury or the catastrophic injury of a loved one they were eligible to receive up to 25 days of donated sick leave from other unit members. Now unit members can receive up to 100 days of donated sick leave. 

5.2.12 – Use of Sick Leave for Illness of Family Member – In the previous contract, the district required that members maintain a minimum of five days in their sick leave bank in order to care for a sick partner/child/or parent. That requirement has been removed.  A unit member can use can use all of your sick leave in order to care for a sick partner/child/or parent. 

5.8 – Parental Leave – Entirely New Section of the Contract – New Language is consistent with the provisions outlined in Education Code 87780.1

  • Full and Part-Time employees are entitled to use up to 12 work weeks of paid parental leave within a 12-month period related to the birth of a child, placement of a child for adoption, or foster care of a child.
  • Members who are eligible for CFRA benefits can keep up to 15 days of sick leave at which point they will receive 50% of their regular pay
    • Note that most CFRA benefits require employees to exhaust ALL sick leave before receiving 50% pay.
  • In total – Pregnancy Disability Leave and Parental Leave may be combined for a maximum of 29 1/3 weeks (17 1/3 weeks PDL plus 12 weeks CFRA Parental Leave)
  • For members who may not meet the eligibility requirements under Education Code 87780.1, Section 5.8.2 – provides a different option.
    • Allows members to take up to 30 days of accrued sick leave within the first year of a child’s birth or legal adoption.

5.14 – Professional Development Leave – Now the Professional Development Leave Committee or PDLC (no longer PAC). New system designed to be more inclusive and provide more flexibility. 

    • Two Application Types – Small and Large Dollar Applications
      • Small dollar are funds $250 or less
      • Large dollar funds $250 – $1500
    • Three Application Deadlines
      • September 15th
      • January 15th
      • May 1st
    • Application Process –
      • Requests for leave must be submitted and approved in advance but no earlier than one year prior to the event
      • PDLC will determine how much funding is available for small dollar applications (within 10-20% range)
      • PDLC will approve large dollar applications based on recency date
      • Recency date based on most recent approved large dollar application
      • Recency date not considered when granting small dollar awards
    • Funding –
      • $45k available each fiscal year for Professional Development and Honorary Leaves
        • Unused funds will rollover
      • Funds will be divided equally by the number of application deadlines
      • Funding limited to $1500 per fiscal year
      • Requests for reimbursement must be submitted no later than 30 days after the completion of the activity

5.16 Sabbatical Leave – New process designed to be clearer and more inclusive overall.

  • Updated and clearer sabbatical application criteria, including the creation of a rubric to help guide members to develop more formal, polished, and stronger sabbatical applications.
  • Committee Composition has changed slightly to 2 UPM, 2 Academic Senate, 3 Administrators
  • Minimum 5 votes in favor of application required
  • Application Due Date
    • Changed from October 15th to September 15th
      • Providing the committee more time to review applications and request additional information from applicants as they see fit
      • Similar to Revise and Resubmit (R&R) criteria when submitting grant applications or manuscripts for publication in a peer-reviewed journal

Specifics –

5.1 – Reporting Absences

Deletion: “Definition of a ‘Day’” language deleted from section title for clarity.  Previous title made it seem as though section provide a definition of a “work day” when it is only about the notice period. 

Change:  Language from 5.2.8 in the prior contract moved to 5.1.1 so that all language related to the reporting of absences is in the same section of the CBA.   

Change:  Language stating that absence report will be filed “3 days after return to duty” changed to “the last day of absence” to ensure that all absence reports are submitted within the semester within the absence occurred. 

Change:  Language from 5.2.9, 5.2.10, and 5.2.11 in prior contract moved to 5.1.2, 5.1.3, and 5.1.4, respectively, so that all language related to the reporting of absences is in the same section of the CBA. 

Addition:  New language under 5.1.5 clarifying that unit members may not use synchronous/asynchronous teaching to avoid reporting an absence. 
 

5.2 – Sick Leave

Deletion:  Language from 5.2.2.1 in prior contract specifying that ETUMS are entitled to use sick leave was removed.  Redundant.  Anyone with sick leave can use their sick leave.     

Change:  Language from 5.2.4 updated per California Education Code section 87782.  There are now no limitations on transferring accumulated sick and injury leave to CoM from another institution. 

Addition:  New language in 5.2.5 stating that district will try to include sick leave balances on paystubs. 

Change:  Language from 5.2.6 – Differential Leave in prior contract moved to 5.2.10 for clarity and flow.

Change:  Language from 5.2.7 in prior contract moved to 5.2.6 for clarity and flow.

Change:  Language from 5.2.8 in the prior contract moved to 5.1.1 so that all language related to the reporting of absences is in the same section of the CBA.  

Addition:  New language in 5.2.8 and 5.2.9 that district may require unit members to obtain certification/proof of illness or accident for absences that exceed 5 days.  UPM will be notified when the district requests certification/proof. 

Change:  Language from 5.2.9, 5.2.10, and 5.2.11 in prior contract moved to 5.1.2, 5.1.3, and 5.1.4, respectively, so that all language related to the reporting of absences is in the same section of the CBA. 

Change:  Language from 5.2.12 in prior contract moved to 5.2.9 with the following:

  • Additions – New title “Sick Leave Reporting”
  • Additions – New language stating that for each unit overload, an additional hour of sick leave will be charged per week
  • Deletion – Language removed regarding the reporting of “duties performed to prevent the deductions of sick leave” via the submission of an absence report
  • Additions – Members must report as sick leave all hours associated with an assignment if there is a long-term substitute, a short-term substitute is covering unassigned duties, or the unit member is absent from unassigned duties.
  • Additions – New language added clarifying that a full work-week/work-year is based on a 1.0 FTE Load.

5.2.10 – Differential Leave (Previously 5.2.6)

Change:  Language from 5.2.6 – Differential Leave in prior contract moved to 5.2.10 for clarity and flow.

Addition:  Language added clarifying that differential leave is limited to one injury/illness per fiscal year. 

Deletion:  Language stating that a unit member may use differential leave for parenting responsibilities has been deleted because parental differential leave is different from injury/illness related differential leave.  Parental differential leave is now covered in 5.8 Parental Leave. 

 
5.2.11 Donation of Sick Leave to Another Unit Member (Previously 5.2.13)

Addition:  Language added stating that if a unit member donates leave that they cannot revoke the donation. 

Change:  b – Eligible unit members may now receive up to 100 days of donated sick leave within a 3-year period.  This is a significant change from 25 days.  Under the previous contract, members could request units twice within the 3-year period.  Now there is no limitation on the number of requests, but number of days donated. 

Change:  c – In order to be eligible to receive donated sick leave members must first exhaust their own sick leave.  This is required in order for the unit member to take advantage of the protections provided by FMLA/CFRA.  At which point, the donated leave will run concurrently – not consecutively – with remaining FMLA/CFRA.  Note:  The change from “consecutive” to “concurrent” is required by Labor Code. 

Addition:  c – Upon exhausting sick leave, unit members may consult with HR, and determine whether to incorporate donated sick leave with differential leave or to run the leaves consecutively. 


5.2.12 – Use of Sick Leave for Illness of Family Member (Previously 5.2.14)

Addition:  Language added requiring that unit members provide confirmation from a health care provider if they wish to use leave to care for a sick spouse/partner, child, or parent.

Deletion:  Members no longer need to maintain a minimum of five days in their sick leave bank in order to care for a sick spouse/partner, child, or parent.

Addition:   The use of sick leave to care for a sick spouse/partner, child, or parent will start the clock on the protections provided by FMLA/CFRA and will run concurrently – not consecutively – at the start of the leave.  Note:  The change from “consecutive” to “concurrent” is required by Labor Code. 

Addition:  Language added requiring that a unit member taking this form of leave must obtain, complete, and submit the relevant forms to HR. 


5.2.13 – Use of Sick Leave for Terminal Illness of Spouse/Partner (Previously 5.2.15)

Addition:   The use of sick leave to care for a terminally ill spouse/partner, child, or parent will start the clock on the protections provided by FMLA/CFRA and will run concurrently – not consecutively – with both.  Note:  The change from “consecutive” to “concurrent” is required by Labor Code. 

Addition:  Language added requiring that a unit member taking this form of leave must obtain, complete, and submit the relevant forms to HR. 

Change:  Language from 5.2.16 in the prior contract moved to 5.3.3 so that all language related to Personal Necessity Leave and Compelling Personal Importance Leave are the same section of the CBA. 
 

5.3 – Personal Necessity Leave and Compelling Personal Importance Leave (Previously 5.4)

Addition: “Compelling PERSONAL Importance Leave” added to section title for clarity. 

Change:  Language from 5.4.3 in the prior contract moved to 5.3.2 clarifying that a unit member shall submit a request to take personal necessity leave except under the two circumstances noted below in the CBA. 

Addition:  Language added to 5.3.3 clarifying that leave is for Matters of Compelling PERSONAL Importance.  Language also added stating that unit members must give written notice to their immediate supervisor or designee as soon as practicable before taking this kind of leave.  


5.4 – Industrial Accident Leave (Previously 5.11)

Addition:  Language added to 5.4.3 (previously 5.11.3) clarifying that when an industrial accident or illness leave overlaps into the next fiscal year, the leave clock does not start over.  Instead, they are due the amount of unused leave for the same illness or injury. 

Addition:  Language added to 5.4.7 (previously 5.11.7) stating that a unit member shall not receive more than 100% of the unit member’s regular salary while on industrial accident leave.   

 
5.5 – Pregnancy Disability Leave (Previously 5.13)

Addition: “Leave” added to section title for clarity. 

Addition:  New language added (5.5.2) stating that it is the intent of this section of the contract to implement the terms and conditions of Government Code 12945 that entitles members up to 4 months pregnancy disability leave. 

Deletion:  Section 5.13.2 in the prior contract.  Language is now outdated.

Deletion:  Section 5.13.3 in the prior contract.  Language is now outdated. 


5.6 – Disability Leave (Previously 5.14)

Deletion:  Section 5.14.2 in the prior contract.  The old language made it sound as though a unit member would receive an additional 10 months of benefits if they were on disability leave when in reality 10 months is the total amount of leave provided in the contract (sick leave + 5 months of differential leave + 12 weeks of FMLA). 

Deletion:  Section 5.14.2.1 in the prior contract.  There is no need to state a time requirement between repeat incidence of disability leave. 

Addition:  New language added to 5.6.3 (previously 5.14.3) confirming that the District will continue to pay its contribution to the unit member’s health and other fringe benefits based on carrier’s requirements for the duration of the leave.   The unit member shall also continue to pay their contributions, if any.     


5.7 – Employee/Family Care Leave (Previously 5.18)

Change:  The eligibility requirements for this form leave listed under section 5.7.1 (previously 5.18.1) have changed.  Previously a member qualified for Employee/Family Care Leave if they had worked for two semesters or twelve months in the past seven years and worked a minimum of nine units or the equivalent per semester during the previous twelve months.   The same eligibility requirements remain, however, a unit member must have met those requirements in the last year instead of in the last seven years in order to qualify.   

Addition:  New language was added to 5.7.1 (previously 5.18.1) clarifying that a unit member may qualify for Employee/Family Care Leave as outlined in the CBA, but, in some cases, that may not be consistent with the eligibility requirements to qualify for FMLA and CFRA protections and benefits. 

Addition:  New language added to 5.7.3.b (previously 5.13.3.b) stating that intermittent leave in the form of a reduced work day must be certified as necessary by the health care provider. 

Deletion:  Section 5.18.4.a in the prior contract.  Updated provisions regarding Parental Leave are now located in 5.8. 

Deletion:  Section 5.18.4.b in the prior contract.  Updated provisions regarding the Use of Sick Leave for Illness of a Family Member and the Use of Sick Leave for Terminal Illness of Spouse/Partner, Child, Parent are now located in 5.2.12 and 5.2.13, respectively. 

Addition:  New language added 5.7.3.d states that clock on the protections provided by FMLA/CFRA will run concurrently – not consecutively – with sick leave, differential leave, and all other applicable paid leave.  Note that the clock on differential leave does not start with FMLA.  It only starts once sick leave has been exhausted, at which point differential leave runs concurrently with FMLA.

Addition:  New language added to 5.7.5.a. (previously 5.18.6.a) confirming that the District will continue to pay its contribution to the unit member’s health and other fringe benefits based on carrier’s requirements for the duration of the leave.   The unit member shall also continue to pay their contributions, if any.     

Addition:  New language added to 5.7.5.d (previously 5.18.6.e) stating that the unit member may be able to continue life insurance coverage while on leave by paying the premium, if allowed by the carrier. 

Change:  Language changed in 5.7.8.c (previously 5.18.9.c) documenting that medical certification of an illness must be provided by a health care provider as defined by the California Family Rights Act (2 CCR 11087(j)). 

Addition:  New language added to 5.7.9 (previously 5.18.10) clarifying that a unit member is entitled to reinstatement to the same or comparable position, except as provided by applicable law (such as in the event of a properly-noticed layoff). 


5.8 – Parental Leave (Entirely New Section)

New Language is consistent with the provisions outlined in Education Code 87780.1

    • Full and Part-Time employees are entitled to use up to 12 work weeks of paid parental leave within a 12-month period related to the birth of a child, placement of a child for adoption, or foster care of a child.
    • Members who are eligible for CFRA benefits can keep up to 15 days of sick leave at which point they will receive 50% of their regular pay
      • Note that most CFRA benefits require employees to exhaust ALL sick leave before receiving 50% pay.
    • Members can choose whether to take unpaid Parental Leave or paid Parental Leave. If paid, they must first exhaust sick leave, remaining time (12 weeks minus paid sick leave time) will then be paid at 50%.
    • Parental leave will run concurrently with CFRA for 12 weeks maximum
    • Pregnancy Disability Leave and Parental Leave may be combined for a maximum of 29 1/3 weeks (17 1/3 weeks PDL plus 12 weeks CFRA Parental Leave)
    • 8.2 is a different form of parental leave that applies to members who may not be eligible for Parental Leave pursuant to Education Code 87780.1
      • Allows members to take up to 30 days of accrued sick leave within the first year of a child’s birth or legal adoption


5.9 – Jury Duty

 Change:  Language changed so that the unit member is paid the difference between their regular salary and jury fees for each day of absence or their full regular pay if they pay their statutory fees for jury duty to the district.  Previously members were paid the difference between their regular salary and jury fees and also had to pay their statutory fees for jury duty to the district. 

5.10 – Bereavement Leave (Previously 5.9)

5.11 – Uniformed Services Employment and Reemployment Rights Act (Previously 5.10)

Change:  Previously employees could elect use “accrued paid time off” during military leave.  Now, they are limited to using only personal necessity leave and banked units for these absences. 

5.12 – Legislative Leave (Previously 5.7)

Change:  Language changed in 5.12.2 (previously 5.7.2) preventing salary step advancement for the time the unit member is on leave. 

5.13 – Unpaid Leaves (Previously 5.8)
Deletion:  Language from 5.8.1 in the prior contract requiring that UPM and the District establish new criteria for granting unpaid leaves has been removed. 

Addition:  New language added to 5.13.1 (previously 5.8.1) that states the criteria/limits on requests for unpaid leaves are provided the Education Code, District Board Policies and Administrative Procedures, and the terms of section 5.13 or the CBA.

Deletion:  The grievance provision from 5.8.1 in the prior contract has been removed. 

Change:  Language changed in 5.13.2 (previously 5.8.3.2) requiring that members make requests for unpaid leave at least four weeks prior to the deadline date for chairs to submit scheduling materials to the dean instead of 90 days before the desired start date of the leave.  The district may waive the deadline at its discretion for special circumstances.

Addition:  New language added to 5.13.2 (previously 5.8.3.2) permitting unit members to use banked units during unpaid leave. 

Addition:  New language added to 5.13.3 (previously 5.8.3.3) limiting unpaid leaves to two school years. 

Addition:  New section added 5.13.4 outlining reasons for unpaid leave – personal necessity (parental, medical, public service, etc.) or to pursue educational goals.    New language also clarifies that a unit member may seek an accommodation for medical conditions under Article

Addition:  New section added 5.13.5 stating that one of the criteria for granting unpaid leave is that the district must be able to secure reliable part-time coverage or leave the assignment vacant during the leave.

Change:  Language changed in 5.13.6 (previously 5.8.3.4) clarifying that requests for unpaid leave will not be unreasonably denied.  If denied the unit member may request a written explanation.

5.14 – Professional Development Leave/Professional Development Leave Committee (Previously 5.5)

Note:  Significant changes to this section of the contract

Summary of Changes –

  • Professional Affairs Committee changed to the Professional Development Leave Committee
  • Labor relations no longer eligible for funding
  • Two Application Types – Small and Large Dollar Applications
    • Small dollar are funds $250 or less
    • Large dollar funds $250 – $1500
  • Three Application Deadlines –
    • September 15th
    • January 15th
    • May 1st
  • Requests for leave must be submitted and approved in advance but no earlier than one year prior to the event
  • Application Process –
    • PDLC will determine how much funding is available for small dollar applications (within 10-20% range)
  • Funds not used for small dollar amounts will be used for large dollar applications
  • PDLC will approve large dollar applications based on recency date
    • Recency date based on most recent approved large dollar application
    • Recency date not considered when granting small dollar awards
  • No more than 2 people or 25% of unit members in a department may receive funding to attend the same conference without approval of dean
  • Funding limited to $1500 per fiscal year
  • If application is not approved, unit member may reapply for a subsequent application deadline, as long as it is in advance of the event
  • Unit members may request an explanation if application is denied
  • Expense Reimbursement –
    • Expenses may be fully, partially, or not reimbursed based on PDLC’s recommendation
      • Explanation upon request
    • Requests for reimbursement must be submitted no later than 30 days after the completion of the activity
  • Funding –
    • $45k available each fiscal year for Professional Development and Honorary Leaves
      • Unused funds will rollover
      • Funds will be divided equally by the number of application deadlines
    • $5k available for substitutes per fiscal year

5.15 – Honorary Leave

Note:  Significant changes to this section of the contract

Summary of Changes –

  • Three Application Deadlines (Consistent with other requests for Professional Development Leave) –
    • September 15th
    • January 15th
    • May 1st
    • PDLC May authorize requests outside this window if invitations fall outside of the aforementioned deadlines
  • Requests for Honorary Leave will be reviewed on a case-by-case basis by the PDLC
  • Recommendations will be forward to Vice President
  • Split votes will be decided by Vice President
  • Unit members may request an explanation if application is denied
  • Expense Reimbursement –
    • Expenses may be fully, partially, or not reimbursed based on PDLC’s recommendation
      • Explanation upon request
    • Requests for reimbursement must be submitted no later than 30 days after the completion of the activity

5.16 – Sabbatical Leave (Previously 5.6)

Note:  Significant changes to this section of the contract based on feedback from UPM Sabbatical Committee Representatives

Summary of Changes –

  • Applications for Sabbatical must be related to unit member’s current or REASONABLY-ANTICIPATED PROSPECTIVE ASSIGNMENT
    • Travel-related sabbatical – the applicant must demonstrate that the information/experiences sought are best obtained through travel
  • Sabbatical leave is now for one or two semesters within a TWO-year period as opposed to three.
  • Updated and clearer sabbatical application criteria:
    • The application must include:
      • Application cover form (Form 5.X);
      • Clear statement of goals and objectives;
      • Description of the final report to be produced;
      • List of courses the unit member currently instructs or duties the unit member performs;
      • Details of sabbatical (include responses to all prompts in the guidelines for the type of sabbatical requested) (Form 5.X);
      • Description of the potential benefits to students, staff, colleagues, and the institution, including issues related to equity and inclusion of nontraditional and historically underrepresented student populations.
      • Description of how the applicant’s professional skills and competence will be enhanced.
      • Bibliography of current literature or sources that complement the sabbatical proposal, including books, lectures, research articles, and visuals.
    • Applicants who have not been granted sabbaticals by the District previously may be given preference over candidates who have been granted sabbaticals.
    • The Sabbatical Committee may also consider seniority of service since last sabbatical.
    • In making its recommendations, the Sabbatical Committee may consider reasonable distribution across disciplines.|
  • Application Procedures:
    • Committee Composition –
      • 2 UPM, 2 Academic Senate, 3 Administrators
      • Minimum 5 votes in favor of application required
    • Applications should be formatted as a formal research proposal and complete all components of the application
      • Note new rubric to assist applicants
    • Applications to be completed and submitted on September 15th by e-mail
      • Note the new timeline, previously due on October 15th
    • Committee will evaluate and rank all applications pursuant to new rubric
      • Applicant must receive a satisfactory or better for each prompt in the rubric and a minimum of 5 votes in favor
    • Committee may, at its discretion, request clarification or additional information from the applicant
      • Applicants are not entitled to supplement or amend their application except as authorized by the committee
    • Committee may identify and include alternates in its rankings in the event a member forfeits their leave
  • Accident or Illness
    • Member on sabbatical leave must notify HR within if there is an interruption in their leave from more than 10 days
  • Return to Service
    • Member shall present their sabbatical leave report to the Board of Trustees
    • Members are also encouraged to present their report to colleagues and/or students at FLEX Training or CoMmunity Hour Event
  • Inability to Complete Approved Leave
    • Members unable to complete their sabbatical as planned will be given the opportunity to:
      • Submit an alternative proposal that is similar in appropriateness
      • Shorten their leave to one semester (with adjustment to compensation) or
      • Extend the time period between first and second semesters of leave
    • Failure to Submit completed Sabbatical Leave report within one semester of return to service will result in:
      • Two written reminders 14 days apart|
      • Failure to submit report after second reminder unit member will be required to repay the unearned salary received while on leave
        • Failure to submit a report is equivalent to 10% of the sabbatical
      • Percentage of incomplete Sabbatical Leave must be repaid within six months

5.17 – Substitution:  Faculty (Previously 5.3)
Change – Language changed in 5.17 (previously 5.3) clarifying that a unit member does not have to use sick leave if during the member’s absence the position is filled by a qualified short-term substitute.  If sick leave is not used the qualified short-term substitute will not be paid.

5.18 – Unit Banking Program (Previously 5.17)
Change – Language changed in 5.18.1 (previously 5.17.1) clarifying that unit members may not accrue more than 15 banked units.

Change – Language changed in 5.18.2 (previously 5.17.2) clarifying that unit members may use banked units to increase up 100% of current salary. 

Addition – New language added to 5.18.3 (previously 5.17.3.1) confirming that the District will continue to pay its contribution to the unit member’s health and other fringe benefits based on carrier’s requirements for the duration of the leave.  

Deletion – Section 5.17.3 in the prior contract.  Language is unnecessary.  Discussed in Article 8 in Reduced Loads.

Addition – New language added to 5.18.4 (previously 5.17.4) stating that the unit member may be able to continue life insurance coverage while on leave by paying the premium if allowed by the carrier. 

Deletion – Language from 5.17.4 in prior contract stating that member must advise PAC of their intent to use banked units during an unpaid leave.  There’s no need involve PAC/PDLC.

Addition – New language added to 5.18.5.e (previously 5.17.5.e) advising members that UPM and the District do not make any representations regarding the impact of banking and utilizing banked units on a member’s state or federal tax obligations.

Addition – New language added to 5.18.5.f (previously 5.17.5.f) advising members that any increased compensation due to the addition of banked units is subject to all applicable STRS/PERS related laws and regulations.

Addition – New language added to 5.18.5.g (previously 5.17.5.g) advising members a second time that UPM and the District do not make any representations regarding the impact of banking and utilizing banked units on a member’s state or federal tax obligations, STRS/PERS benefits, nor any other factor.

5.19 – Leave Provisions – Unit Members Assigned to the Child Development Program

Change – Numbering of leave provisions that do not apply to members in the Child Development updated. 

UPM Calendar