ARTICLE XIV

A. A full-time or regular part-time employee, summoned for jury duty or subpoenaed as a witness in a case not involving personal litigation, shall be granted temporary duty leave with pay and any witness fees shall be retained by the employee.

B. Employees of the school system shall be placed on temporary duty, without loss of pay, when subpoenaed by a court, as a result of incidents occurring which are related to their employment with the Board.

C. Any employee, who has in his/her custody, official records of the school system, and is subpoenaed by a court to produce such records, shall also be granted temporary duty without loss of pay.

D. An employee subpoenaed in line of duty, as a witness on behalf of the Board, shall be given temporary duty leave with pay, and any witness fees shall be retained by the employee.

E. In no case shall temporary duty leave with pay be granted for court attendance when an employee is engaged in personal litigation; however, employees who have accrued vacation shall be granted vacation leave for this purpose, upon request. Employees who have accrued emergency/personal leave shall be granted such leave, upon request.

A. When a teacher, for whom an emergency substitute is employed, will be absent from work, due to illness or injury or due to personal reasons, he/she shall notify the supervising administrator (or designee), as soon as possible, but no later than one hour before the start of his/her scheduled workday, in order that an emergency substitute can be employed or other arrangements made. If said absence/leave is for a specified period of time, no further notice is necessary. In the event of a change in this specified period of absence, the employee will proceed, pursuant to the stipulations herein. Where an absent teacher does not notify his/her supervising administrator, as stipulated herein, and where there are not extenuating circumstances, as determined by the supervising administrator, such teacher will have the option to utilize personal leave or leave without pay. However, such determination by the supervising administrator shall not be made arbitrarily.

B. When a teacher, for whom an emergency substitute is employed, is absent from work, he/she shall notify the supervising administrator (or designee) by no later than 30 minutes prior to the scheduled student dismissal time as to whether or not he/she will report to work on the next workday. The absent teacher shall have the option to utilize personal leave or leave without pay when appropriate notice is not made and the emergency substitute is re-employed, as specified in Article XIV, Section 2.

A full-time employee may be excused from duty during school hours when required to report for a pre-induction physical examination or physical examination by military order for entrance into the Armed Forces or Coast Guard of the United States. Such absence from duty will be without loss of pay.

The Board agrees to provide temporary duty, released time without pay, for employees who are elected or appointed public officials to attend official meetings of their respective public bodies, if appointed by the Commissioner of Education.

Any district School Board employee shall be entitled to illness or injury in-line-of-duty leave when he/she has to be absent from duties because of a personal injury received in the discharge of duty or because of illness from any contagious or infectious disease contracted in School Board work. Illness or injury in-line-of-duty for employees represented by a collective bargaining agent will be defined in the collective bargaining agreement.

1. A medical evaluation conducted by a physician approved by the Office of Risk and Benefits Management will be the determining factor as to when the employee is able to return to duty. If the physician indicates that the employee is not able to assume his/her regular duties, but is able to return to a less strenuous work assignment, the employee may be directly appointed to the Workers' Education and Rehabilitation Compensation (W.E.R.C.) Program or to a job commensurate with his/her medical and educational capabilities. Such placement will be based upon the employee's medical condition, as well as job placement availabilities. If offered, the employee must accept a work assignment in the W.E.R.C. Program at any reasonable location; refusal to accept such an assignment may result in the discontinuance of statutory workers' compensation benefits, as well as Board-provided benefits. All W.E.R.C. Program participants shall receive the same salary improvements as all other participants for the same bargaining unit in which the W.E.R.C. Program participant is placed, effective July 1, 1989.

2. If authorized, payment for sick leave granted for illness-in-line-of-duty leave-Board benefits shall be combined with the employee's workers' compensation temporary total disability (TTD) benefits to keep an injured employee in a pre-injury, full salary status, while eligible for temporary total disability benefits, pursuant to Florida Statutes, Chapter 440, for a term not to exceed 13 weeks following the date of injury. If an injured employee continues to be eligible for temporary total disability (TTD) benefits, pursuant to Florida Statutes, Chapter 440, beyond the 13 weeks, TTD benefits will be paid, and the employee may use his/her accrued sick time, if any, to supplement TTD benefits, not to exceed pre-injury earnings. If the employee does not have any accrued sick time, he/she will be eligible to be paid for leave without pay to supplement TTD benefits, not to exceed pre-injury earnings. Any employee who uses accrued sick days to supplement TTD benefits or leave without pay benefits will be eligible for reimbursement or payment for up to six months from date of injury, as a result of formal Board action. In the event an employee uses accrued sick leave prior to an injury or illness being deemed compensable by a physician approved by the Office of Risk and Benefits Management, and it is later established that said illness or injury is found to be compensable, pursuant to the provisions of Florida Statutes 440, said sick days shall be restored to the employee.

Payment for sick leave granted for injury in-line-of-duty shall be computed at the daily sick leave rate less the daily workers' compensation rate for each sick leave day granted.

Any district School Board employee who has any claim for compensation, while absent because of illness contracted or injury incurred in-line-of-duty, shall file such claim in the manner prescribed in Florida Statutes, Chapter 231.40(2).

Payment of such claims will be authorized, pursuant to guidelines and eligibility included herein, provided that the claim correctly states the facts, and that such claimant is entitled to payment, in accordance with the provisions of Florida Statutes, Chapter 231.40(2).

A claim for illness or injury in-line-of-duty leave must be filed within one year following the date of accident.

E. Contagious or infectious disease, as heretofore described, shall include childhood diseases (measles, chicken pox, diphtheria, rubella), typhoid, meningitis, hepatitis, mononucleosis, tuberculosis, ringworm, conjunctivitis, and head lice, when substantial proof is provided that such illness resulted from contact with students or other employees.

F. Where a parent or legal guardian notifies the Superintendent or representative of a student's formally disclosed case of HIV/AIDS (as defined by Centers for Disease Control Guidelines, in accordance with provisions of Chapter 381.004, Florida Statutes), and voluntarily signs the CONSENT TO RELEASE OF HIV-RELATED INFORMATION form, any parent-designated employee working closely with that student will be advised of the student's medical condition.

In the event the Department of Health and Rehabilitative Services (HRS) notifies the Superintendent of a student's positive HIV test result, pursuant to Chapter 384.25, Florida Statutes, the Superintendent shall maintain the confidentiality of the information and shall release it only in accordance with the statutory provisions.

1. HIV/AIDS - Human Immune Deficiency Virus/Acquired Immune Deficiency Syndrome. It is caused by a virus, HIV, which weakens the body's immune system, allowing opportunistic infections to become life-threatening illnesses. AIDS is the advanced stage of the HIV disease that is usually life-threatening.

2. WORKING CLOSELY - Regular student contact by staff instrumental in assisting students in meeting their educational goals (includes any school-related medical staff and permanent substitute teachers, but excludes per diem substitutes).

3. FORMALLY DISCLOSED - From legally appropriate source of such information: HRS, a parent or legal guardian, or by court order. Parents or legal guardians will sign a consent form prior to the release of HIV-related information.

4. ANY DESIGNATED EMPLOYEE - Teachers, paraprofessionals, and school support personnel, specifically designated by a parent or legal guardian on the CONSENT TO RELEASE OF HIV-RELATED INFORMATION form.

G. The Board agrees to provide a Blood-borne Pathogens/Hepatitis B Vaccination Program for selected employees, which is incorporated by reference in this Contract.

H. The Board will comply with Florida Statutes, Chapter 440, which governs workers' compensation benefits.

A. The Board agrees, upon approval of the principal or supervising administrator, to allow an employee, except office employees, who is a registered voter, up to two hours with pay to vote in each local primary and general election provided, however, that the maintenance of classroom instruction shall be given priority consideration in the approval, scheduling, and duration of such voting leave.

B. The Board agrees to allow an office employee, who is a registered voter, a reasonable amount of time off (not to exceed one hour) with pay, to vote in each local and general election. The location of the employee's precinct and the employee's work schedule shall be considered in scheduling such time off. The employee may be required to show proof of registration, prior to being granted voting leave.

An employee shall be eligible to utilize sick leave for the purpose of medical and/or dental examinations. Such leave shall be deducted from accrued sick leave in half or full day units, provided, however, that no employee shall be compelled to utilize more sick leave than is required by the employee. Principals or supervising administrators may release unit employees for up to two hours without sick leave being charged against the employee for the purpose of medical and/or dental examination and, if deemed necessary, with verification upon return.

Under no circumstances shall an office employee be required to make up time used for this purpose.

Each full-time employee is entitled to accumulate one day of sick leave per month of employment. Sick leave shall be approved in the following categories:

Mother	Sister-in-law	Stepchildren
Father	Brother-in-law	Grandchild
Sister	Uncle	Son-in-law
Brother	Aunt	Daughter-in-law
Foster children	Husband	Grandmother
Stepparents	Wife	Grandfather
Mother-in-law	Child	Niece
Father-in-law	Foster parent	Nephew

Persons who reside at the same address as the person who is requesting sick leave.

C. To encourage and reward personnel, who exercise particular care in the maintenance of their personal health and job attendance, the Board provides a good attendance incentive. All employees in the bargaining unit who accrue sick leave may cash in sick leave days accrued each year, provided the following criteria are met:

1. The employee must use no more than a total of three sick/personal leave days during the course of the fiscal year (July 1 - June 30).

2. The employee must have remaining a minimum of 21 accrued sick leave days after cash-in of sick leave days accrued on an annual basis. Compensation for annual accrued sick leave cashed in, pursuant to the above provisions, shall be as follows:

The employee's daily rate of pay during the fiscal year in which the days were accrued times 80 percent.

Payment for this benefit will be made on or before August 1 of the following fiscal year. Days for which such payment is received shall be deducted from the employee's accumulated leave balance.

Each full-time employee is entitled to accumulate one day of sick leave per month of employment. Such sick leave is to be accrued in the following manner:

A. Four days of sick leave will be provided to each full-time instructional employee, as of the first day of employment of each fiscal year, and, thereafter, each such person shall accrue one day of sick leave for each month of employment creditable to the employee at the end of that month, and which shall not be used prior to the time it is earned and credited to the employee, provided further, that the employee shall be entitled to earn no more than one day of sick leave times the number of months of employment during the year of employment.

All other employees (non-instructional) shall be credited with four days of sick leave at the end of the first month of employment of each contract year and shall, thereafter, be credited for one day of sick leave for each month of employment, which shall be credited to the employee at the end of the month and which shall not be used prior to the time it is earned and credited to the employee. However, each employee shall be entitled to earn no more than one day of sick leave times the number of months of employment during the year of employment. If the employee terminates his/her employment and has not accrued the four sick days available to him/her, the Board may withhold the average daily amount for the sick days utilized, but unearned by the employee.

The term month, as used in this Section, refers to a leave accrual month for purposes of crediting employees with accrued sick leave days.

B. Sick leave shall be cumulative from year to year, and there shall be no limitation on the number of days of sick leave an employee may accrue, and, further provided, that at least one-half of his/her cumulative leave must be established within the school district granting such leave.

C. All accrued sick leave days earned after July 1, 1954 will be restored to employees previously employed, upon their return to employment in the school system, except for teachers who have retired.

D. One-half time employees will accrue sick leave at one-half the accrual rate for full-time teachers.

A. A sick employee who has exhausted all of his/her sick leave or extra sick leave to which he/she is entitled shall be considered automatically on leave without pay (not to exceed 30 days) with the Board's approval, until such employee returns to work. Leave without pay for illness constitutes a protection of one's employment rights. A person on such leave is eligible for vacation or holiday pay while absent, according to the following condition:

All employees eligible for vacation accrual, employed on an annual or monthly basis, may receive pay for vacation while on leave without pay for illness only for the number of days they have accrued.

B. The preceding paragraph shall not apply to persons receiving compensation for illness or injury-in-line-of-duty.

C. Employees whose illness requires an absence of over 30 days must file an application for extended sick leave indicating the anticipated length of such absence and supported by a statement from competent medical authority.