FA News – Know Your Contract
The on-going FA News series called “KNOW YOUR CONTRACT” highlights specific processes and timelines in the Agreement. Most dates referenced are contractual but a few are district timelines, e.g. benefits open-enrollment periods, so may change from year to year.
Sept ‘06: “KYC: Mark Your Calendars Now”
Feb ‘06: “KYC: News for the New: Leaves, Part One”
Mar ‘06: “KYC: News for the New: Leaves, Part Two”
May 06: “ KYC: Column and Step for the Rank and File”
Sept ‘06: “Mark Your Calendars Now” - Tom Strand, FA Grievance Officer
The first issue of the FA News again presents a list of several important contractual deadlines for the upcoming academic year. If any of these deadlines apply to you, be sure to (1) mark your calendar, (2) carefully read the full 2004-07 Agreement text referenced in parenthesis, and (3) call FA if you have a question. Either campus conciliator can help you: Jennifer Myhre at De Anza (408-864-8560) or Kim Wolterbeek at Foothill (650-949-7316). Or call FA Office manager Susanne Elwell (650-949-7544).
Remember that these are deadlines; if you miss one, even by a single day, you may lose benefits or have to wait up to a full year before you become eligible again.
Sep. 29: Qualified part-time faculty submit Intent to Participate form (included with Notice of Acceptance of Assignment letter) to division dean for the Office Hours Program in Fall Quarter (7.15, Appendix S2).
Oct. 16: Full-time faculty submit completed Professional Development Leave (PDL) applications to PDL Committee––submit to division dean at least five school days earlier (17.9, 17.11). Note: The Agreement cites October15 as the deadline; however, because this date falls on a Sunday, the deadline for this year is October 16.
Oct. 23: Professional Development Leave report due for faculty on sabbatical for the full 2005-06 academic year (17.16).
Dec. 8: Part-time faculty file intention to change salary column starting in the Winter Quarter with campus Personnel Office (Appendix B.1, C, E, G).
Dec. 15: Full-time faculty submit Early Retirement Incentive Notice to District Human Resources Office (20.5).
Jan. 5: Part-time faculty submit completion of requirements documentation for column change starting the Winter Quarter to campus Personnel Office (Appendix B.1,C, E, G).
Jan. 12: Qualified part-time faculty submit Intent to Participate form (included with Notice of Acceptance of Assignment letter) to division dean for the Office Hours Program in Winter Quarter (7.15, Appendix S2).
Jan. 16: Article 18 faculty meet with the appropriate administrator to determine their reduced contract schedule for the following academic year (18.8.1). Note: The Agreement cites January15 for this deadline; however, because this date falls on a holiday, the deadline for this year is January 16.
Jan. 16: Article 19 faculty submit annual Early Retirement Service Plan for the following academic year, signed by the appropriate Vice President, to District Human Resources for second and subsequent years of participation (19.6.2.2). See 19.6.1 for initial year of participation. Note: The Agreement cites January15 for this deadline; however, because this date falls on a holiday, the deadline for this year is January 16.
Feb. 5: Professional Development Leave Committee makes recommendations to the Board (17.12.3).
Mar. 1: Full-time faculty submit written request for Article 18 pre-retirement reduction in contract to college president (18.8.2).
Mar. 9: Part-time faculty file intention to change salary column starting in the Spring Quarter with campus Personnel Office (Appendix B.1, C, E, G).
Mar. 15: Board notification to probationary faculty whose contracts will not be renewed (California Ed. Code).
Apr. 2: Faculty submit written request to return to full-time employment from Article 18 pre-retirement reduction in contract status (18.4). Note: The Agreement cites April 1 as the deadline; however, because this date falls on a Sunday, the deadline for this year is April 2.
Apr. 6: Part-time faculty submit completion of requirements documentation for column change starting in Spring Quarter to Personnel Office (Appendix B.1, C, E, G).
Apr. 13: Qualified part-time faculty submit Intent to Participate form (included with Notice of Acceptance of Assignment letter) to division dean for the Office Hours Program in Spring Quarter (7.15, Appendix S2).
Apr. 30: Open enrollment ends for full-time faculty to make changes in medical benefit coverage—window open April 9-30 (22).
Apr. 30: Open enrollment ends for pre-tax dollar Flexible Benefits Spending Account Plan, such as child care spending accounts ––window open April 9-30 (22).
Jun. 1: Professional Achievement Award applicants submit Professional Growth Activities to campus Personnel Office (38.3).
Jun. 1: Full-time faculty – including probationary faculty – submit Professional Growth Activities to campus Personnel Office for salary step advancement (Appendix A, B).
Jun. 29: Full-time faculty file intent to change salary column for 2007-08 academic year with campus Personnel Office (Appendix A, B).
Jul. 2: Full-time faculty submit written requests for campus transfers to HR Vice Chancellor (13.2). Note: The Agreement cites June 30 as the deadline; however, because this date falls on a Saturday, the deadline for this year is July 2.
Jul. 2: Professional Achievement Award applicants submit completed application to division dean (38.2.1, 38.3). Note: The Agreement cites July 1 as the deadline; however, because this date falls on a Sunday, the deadline for this year is July 2.
Aug. 20: Part-time faculty file intention to change salary column starting in the Fall Quarter 2007 with campus Personnel Office (Appendix B.1, C, E, G).
Sep. 17: Full-time faculty submit completion of requirements documentation for salary column change in academic year 2007-08 to campus Personnel Office (Appendix A, B). Note: The Agreement cites September 15 as the deadline; however, because this date falls on a Saturday, the deadline for next year is September 17.
Sep. 19: Part-time faculty submit completion of requirements documentation for column change in the Fall Quarter 2007-08 to campus Personnel Office (Appendix B.1, C, E, G).
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Feb ‘06: “News for the New: Leaves, Part One”- Tom Strand, FA Grievance Officer.
This is the fourth installment in a series of columns aimed at new faculty members, both full- and part-time, with the goal of discussing contractual topics of special interest to them. This column discusses Leaves – time away from principal classroom duties.
Q: How many contractual types of leaves are there?
A: There are several. The leaves that faculty members most commonly use are Personal Necessity Leave, Sick Leave, Bereavement Leave (all three described in Article 16) and Professional Development Leave (Article 17). Less frequently used are Extended Sick Leave, Exchange Leave, Military Leave, Legislative Leave, Industrial Accident Leave, Jury Duty Leave, Family Medical Leave and Unpaid Leave (all described in Article 16 of the Agreement).
Q: How do Personal Necessity Leaves work?
A: Full-time faculty members are eligible for five Personal Necessity Leaves (PNLs) per academic year, and one PNL per summer session; part-time faculty members with reemployment preference are eligible for one PNL per quarter [*] and one PNL per summer session. PNLs are paid leaves, but they don’t accumulate from year to year. Submit a Leave Report (available from Division Assistants) well in advance to your supervisor whenever possible. On the Leave Report, you must cite an Article 16.1 section as a reason for the PNL (e.g., “16.1.4” – Observance of a major religious holiday of the
employee’s faith); you don’t have to provide any more detail than that.
[*correction in May 06 FA News: part-time faculty need only one month of service at FHDA to earn the one PNL day/qtr; to use that PNL day for a conference-type activity, however, part-timer must have re-employment preference]
Q: Do faculty members get to decide what qualifies as “personal necessity”?
A: No. Article 16.1 spells out seven categories of obligations/unavoidable duties that qualify as “personal necessity” for full-timers; Article 16.2 does likewise for part-timers. More specifically, you can’t take PNL for recreation, social events or in lieu of sick leave.
Q: Article 16.1.6 lists “Attendance at professional conferences related to the teaching
profession and/or one’s area of assignment” as one of seven possible reasons for a PNL while the Leave Report itself has a separate category titled “College Assigned Business.” Are these the same thing?
A: No. College Assigned Business means that your supervisor or another manager explicitly asks to you to provide some service to the College, like being a presenter at a particular conference (good advice: get the request in writing). In such cases, no PNL days are deducted. On the other hand,
if you decide to attend, then one PNL day is deducted for each day of conference attendance.
Q: I noticed that 16.1.2 gives attendance at a funeral as a reason for a PNL. What if I am only gone for a few of hours; is one whole PNL day deducted?
A: It depends on how many of your regularly scheduled hours you miss while on PNL. For example, if you miss only one of three scheduled 50-minute classes while on PNL, you would enter “Hours Absent = 1” and “Hours Scheduled = 3” on the Leave Report. Human Resources would then deduct 1/3 of a day from your available PNL days (the actual amount deducted is figured in rounded quarter-hours, but it is equivalent to approximately 1/3 day). Likewise, “Hours Absent = 1” and “Hours Scheduled
= 2” means HR deducts 1/2 a PNL day.
Q: Is a PNL for funeral attendance the same thing as Bereavement Leave?
A: No. Bereavement Leave is three days of paid leave following the death of an “immediate family member” (uncles, aunts, cousins, etc., are excluded unless they are members of the employee’s immediate household – see Article 16.7) or five days of paid leave following the death of a spouse, domestic partner or child. Other allowances are made for out-of state travel.
Q: How does Sick Leave work?
A: A full-time faculty member is entitled to the same number of paid sick leave days per academic year as the length of their contract in months (e.g., 10-month faculty get 10 sick leave days per year); a part-time faculty member is entitled to two paid sick leave days per quarter of employment. Unused sick leave days accumulate from year to year. When a full-time faculty member retires, STRS credits all unused sick leave days to the employee’s years of service on a pro-rata basis (175 unused
sick leave days = 1.00 additional year of service credit). When a part-time faculty member
retires, STRS credits one-half of all unused sick leave days to the employee’s years of service on a pro-rata basis (175 unused sick leave days = 0.50 additional year of service credit). (See Page 5)
Q: Are partial days computed the same way for Sick Leave as Personal Necessity Leave?
A: Yes.
Q: How does Sick Leave apply to pregnancy?
A: Pregnancy, miscarriage, childbirth and recovery are considered temporary disabilities for which Sick Leave may be used. The duration of leave is based on the faculty member’s ability to perform her assigned duties, and that determination is made by the faculty member and her physician.
Q: I couldn’t find the term “maternity leave” in the Agreement. Does the District have a specific maternity leave policy?
A: Although the FA-District Agreement is silent on the term “maternity leave,” Article 16-Leaves contains language that covers this issue. “Sick leave” (an arguable misnomer for a natural life condition) may be used prior to the birth of the baby, with a physician’s recommendation. If for example, the faculty employee is unable to perform the essential functions of the job because of pregnancy, two or more weeks of sick leave may be required to protect her health. Upon the birth of her baby, the faculty employee is entitled to “sick leave” with full pay and full benefits. Six weeks is the usual leave duration, but additional days may be required by a Cesarean birth (eight weeks) or other complications. Again, the doctor’s professional opinion remains the determining factor. New faculty who have not yet accumulated six weeks’ worth of sick leave may take “extended sick leave” up to the six weeks, receiving full benefits and 66 2/3 percent of their monthly (1/12 of the annual salary up to $4,300 per month) pay. After six weeks, the mother is eligible for an additional six weeks of “family medical leave” with no pay, but full benefits. The District employee whose spouse or domestic partner has recently given birth is also eligible for up to twelve weeks family medical leave to spend caring for the infant. If after twelve weeks the faculty member still wants to extend the leave, she may request a full-time or partial leave of absence without pay for up to two years; thereafter, by mutual agreement with the Board, the unpaid leave may be extended up to one additional year. A faculty member on partial unpaid leave who continues to work at least halftime is eligible for full benefits. If personal finances permit, however, the faculty member can maintain full benefits by reimbursing the District in advance for the full premium.
Q: How do Professional Development Leave and the other leaves work?
A: Those leaves will be discussed in the next “News for the New” column.
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Mar ‘06: “News for the New: Leaves, Part Two”- Tom Strand, FA Grievance Officer
This is the fifth installment in a series of columns aimed at new faculty members, both full- and part-time, with the goal of discussing contractual topics of special interest to them. This column continues the discussion of Leaves begun in the last issue of the FA News (that column discussed
Personal Necessity Leave, Bereavement Leave and Sick Leave).
Q: What happens when all of my sick leave runs out?
A: Some full-time faculty members are entitled to Extended Sick Leave (see Articles 16.21-16.23 in the Agreement). To be eligible, the full-time faculty member must have insufficient accumulated Sick Leave to cover the 180 consecutive calendar days following the onset of illness. The leave kicks in after the faculty member has been absent due to illness for 10 consecutive school days, or after all accumulated Sick Leave has been used, whichever occurs later, and it continues for up to 180 calendar days from the first day of absence due to illness. The Extended Sick Leave benefit is 2/3 of the employee’s annual contract salary (which excludes overload pay), paid monthly, up to $4,300 per month.
Q: That seems complicated. Can you give some examples?
A: Sure. Suppose that full-timer Bob has no accumulated Sick Leave, earns $60,000 annually and is sick for 365 consecutive calendar days. Then Bob will start receiving Extended Sick Leave 10 school days after his first absence due to illness, and will continue to receive the benefit until 180 calendar days (about 120 school days) following his first absence have elapsed. While he receives the benefit, Bob will be paid at the rate of 2/3 of his $60,000 annual salary, or $40,000 annually, in installments of $40,000/12 = $3,333.33 per month. To change the example slightly, if the same full-timer Bob had accumulated 60 Sick Leave days before his illness, he would receive full pay at the rate of $60,000 per year (in the usual installments of $60,000/ 10 = $6,000 per month) until his sick leave ran out. Since there are 175 school days in an academic year, 60 Sick Leave days would take Bob through an entire quarter. Bob would then go on Extended Sick Leave ($3,333.33 per month) until calendar day 180, about one-half of a calendar year after his first absence. As a last example, suppose the same full-timer Bob starts out with 120 days of accumulated Sick Leave. Then Bob would receive full pay for a little over two quarters (about one-half a calendar year), and would be ineligible for Extended Sick leave for the remaining half of the calendar year.
Q: What happens after the Extended Sick Leave runs out?
A: The faculty member can come back to work, resign, retire (you may be eligible for an STRS or PERS disability benefit), or apply for an Unpaid Leave due to disability.
Q: Can I request an Unpaid Leave under other conditions?
A: At any time, full-time faculty may submit a written request to their college president for a full or partial Unpaid Leave (see Articles 16.28-16.32) for a period not exceeding two years (by mutual agreement, this initial period may be extended up to one additional year). During a partial Unpaid Leave, the faculty member is expected to do a pro-rata share of all of his/her normal fulltime duties; the faculty member is then paid a pro-rata amount of their normal annual compensation (that includes PAA). The request should be submitted at least three months before the leave commences except when an unforeseen emergency prevents doing so.
Q: Do I get any paid benefits during an Unpaid Leave?
A: You get full paid benefits if you are employed at least half time on a partial Unpaid Leave. If you are employed less than half time on an Unpaid Leave, you may continue to receive benefits by reimbursing the District in advance for the full coverage premium.
Q: Is Family Medical Leave unpaid?
A: Yes. Certain family conditions (e.g., adoption or birth of a child, care of a seriously ill child, spouse or parent) may qualify a full-time faculty member for Family Medical Leave under state and federal law and District policy (see Article 16.27). Family Medical Leave entitles a faculty member to a full or partial unpaid leave of absence for up to 12 weeks. Again, if the faculty member is employed at least half time, he/she receives paid medical benefits.
Q: How about leaves for jury duty?
A: Jury Duty Leave (see Article 16.26) will be granted for any faculty member lawfully called to jury duty. The leave is with pay, less any amount provided to the faculty member for jury fees or mileage.
Q: What other types of leaves are possible in the District?
A: Exchange Leave, Military Leave, Legislative Leave, Industrial Accident Leave and Professional Development Leave (PDL).
Q: How do Professional Development Leaves work?
A: That topic will conclude the discussion of leaves in the next “News for the New” column.
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May 06: “ Column and Step for the Rank and File”- Faith Milonas, FA Vice President
Are you correctly placed, both step and column, on your salary schedule? If not, you may be needlessly losing thousands of dollars every year. Who is responsible for correctly placing you and how is initial placement determined? If you don’t know, read on.
Q: Who is responsible for correctly placing me on the salary schedule?
A: Part of the responsibility belongs to the District, and part belongs to you. All new faculty, both part- and full-time, are placed on an appropriate schedule, Appendix A, B, B.1, C, E or G, based on both education (which determines the initial column) and past teaching, counseling or librarian experience (which determines the initial step). You are responsible for giving the District complete and accurate documentation to determine your initial placement, and the District is responsible for correctly placing you based on that documentation. You must provide official transcripts and letters of work experience verification; photocopies of transcripts and work experience information provided on the District application are not sufficient.
Q: How was my initial placement determined?
A: As previously stated, placement is based on level of education attained and years of past relevant work experience. Each salary schedule specifies the educational experience necessary to be placed on Column I through V and each salary schedule specifies the highest step on which new hires may be placed. When you were hired into the District, your job announcement clearly stated the required minimum qualifications in regard to education and work experience. Some faculty positions require a Master’s degree, or equivalent, while some vocational faculty positions require an AA or Bachelor’s degree. Any education used to meet the minimum qualifications cannot also be used for column advancement at a later date. Initial column and step placement are critical as any COLA or salary adjustments are added to this base. Also, your step placement determines how quickly you reach the top of the salary schedule and become eligible for a PAA, if full-time, or a longevity step, if part-time.
Q: Who is responsible for correct step movement after initial placement?
A: If you are a full-time faculty member and have satisfied your professional growth activities (six semester units or nine quarter units or the equivalent in the previous four years) and have received satisfactory evaluations, then the District automatically advances you one step up the salary schedule every academic year, until you reach the top of your column. And there you stay, unless additional college units move you over to a new column. If you are a part-time faculty member, the District automatically advances you one step when you have completed the equivalent of a full-time annual load in the service of the District until you reach the top of the salary schedule. If you remain at the top of the salary schedule for twelve quarters of the regular academic year, after earning reemployment preference, you will be advanced to the longevity step (S) on the appropriate salary schedule.
Q: Who is responsible for correct column movement after initial placement?
A: Basically, you are. If you are a fulltime faculty member, you must file both an intention to change column form with Cynthia Smith in Budget and Personnel at De Anza or with Gigi Gallagher in Personnel Services at Foothill (by June 30 of the previous year) and evidence of completion of work (by September 15 of the same year) with the District to qualify for a column change. Remember official transcripts and verification of professional growth activities must be provided. If you miss either deadline, you must wait until the following academic year for the change. If you never file, you never move. If you are a part-time faculty member, you must file a Request for a Column Advancement form with Cynthia Smith at De Anza or Gigi Gallagher at Foothill at least one month before the beginning of an academic quarter. The documented completion of requirements for such a change, however, can be filed any time before the beginning of the academic quarter. If you fail to meet the timelines, change of column cannot be made until the following quarter. Remember, it is your responsibility to provide official transcripts showing professional course work.
Q: I have filed lots of professional growth units with the District to qualify for step advancements and Professional Achievement Awards. In the process, if I have accumulated enough units for a column move, won’t the District automatically move me over?
A: No. Requirements for column change units differ somewhat from professional growth units (see Appendix A, B, B1, C, E or G for details). But more importantly, you must initiate every column change by filing both your intention and official documentation of your professional growth activities.
Q: How much is each column move worth?
A: On the current full-time faculty salary schedule (Appendix A), each column move increases annual gross pay by about $2,000. Each column move on the current part-time salary schedule (Appendix C) increases gross annual pay by about $1,400 for a load factor of 1.000 (or about $840 for a load factor of 0.6).
Q: How many units are needed to move over one column?
A: Twenty-four semester units. For fulltime faculty, some of these units can be earned with conference attendance or professional activities approved by your dean. Part-time faculty, however, must earn all units for column transfer through course work at an accredited institution. See the appropriate Appendix in the Agreement for full details.
Q: What should I do if I discover I have been incorrectly placed on my salary schedule?
A: Call Cynthia Smith at De Anza (408 864-8260) or Gigi Gallagher at Foothill (650 949-7454). If you need additional assistance, call your FA conciliator…
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