Hadley

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DistrictHadley
Shared Contract District
Org Code1170000
Type of DistrictMunicipal K12
Union AffiliationMTA
Most Recent DocumentContract
Expiring Year2015
Expired Status
Superintendency Union
Regional HS Members
Vocational HS Members
CountyHampshire
ESE RegionPioneer Valley
Urban
Kind of Communityresort/retirement/artistic
Number of Schools2
Enrollment714
Percent Low Income Students17
Grade StartPK or K
Grade End12
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AGREEMENT

Between The

HADLEY SCHOOL COMMITTEE

and the

HADLEY EDUCATION ASSOCIATION

MASSACHUSETTS TEACHERS ASSOCIATION

NATIONAL EDUCATION ASSOCIATION

Hadley, Massachusetts

September 1, 2012 to August 31, 2015

COLLECTIVE BARGAINING AGREEMENT

BETWEEN THE

HADLEY SCHOOL COMMITTEE

and the

HADLEY EDUCATION ASSOCIATION,

MASSACHUSETTS TEACHERS ASSOCIATION,

NATIONAL EDUCATION ASSOCIATION

This agreement is made between the HADLEY SCHOOL COMMITTEE (hereinafter referred to as SCHOOL COMMITTEE) and the non-supervisory professional personnel of the Hadley School System, represented by the HADLEY EDUCATION ASSOCIATION, MASSACHUSETTS TEACHERS ASSOCIATION, NATIONAL EDUCATION ASSOCIATION, (hereinafter referred to as the ASSOCIATION), in accordance with the appropriate provisions of the General Laws of Massachusetts, as amended.

Nothing in this Agreement shall be deemed to derogate from or impair any power, right or duty conferred upon the School Committee by statute or any rule or regulation of any agency of the Commonwealth. For every matter not specifically mentioned or provided for in this Agreement, the School Committee retains all of the powers, rights and duties that it has by law.

The bargaining unit shall consist of all professional educational personnel employed by the School Committee, including regular part-time, full-time and itinerant teachers, guidance counselors, librarians and nurses, except the Superintendent of Schools, Principals, Administrator of Special Needs, and other supervisors who may be appointed during the life of this contract. Teachers or administrators who are contracted by an outside management company to teach online courses in a virtual innovation school, consistent with the Commonwealth of Massachusetts General Law, Chapter 71, Section 92 (and the Chapter of the Acts of 2010 that were signed into law on January 18, 2010) will also be exempt from coverage by this contract.

The School Committee recognizes the Hadley Education Association, Massachusetts Teachers Association, National Education Association as the sole bargaining agent for all the professional educational personnel, in the bargaining unit, except as excluded in the preceding paragraph.

The parties hereto agree as follows:

ARTICLE I - NEGOTIATION PROCEDURES

1.1        Negotiable Items - The School Committee and the Association agree to negotiate in accordance with the procedures set forth herein in a good faith effort to reach agreement concerning wages, hours, and other terms and conditions of employment as covered in this Agreement.

1.2       Negotiating Team - Representatives for the School Committee and the Association will meet for the purpose of negotiating and reaching mutually satisfactory agreements.

1.3        Opening Negotiations - The first meeting between the parties to open negotiations for a successor agreement to this Agreement shall be on a date agreeable to the parties prior to January 15th before the year of the conclusion of the contract.

1.4       Negotiation Procedures -

1.4.1.    Following the initial meetings, as described in Section 1.3, such additional meetings shall be held until the parties reach an agreement on the items or until an impasse is reached. Meetings will be held at mutually agreeable times. A caucus may be called by either party as it is deemed necessary.

1.4.2.    While no final agreement shall be executed without ratification by the Association and the School Committee, the parties mutually pledge that their representatives will be clothed with all necessary power and authority to make proposals, counterproposals and reach compromises in the course of the negotiations.

1.4.3.    The parties agree that once negotiations have been completed and the contracts ratified, the negotiations will not be reopened during the life of the contract except as by mutual agreement.

1.5        Consultants - The parties may call upon consultants to assist in preparing for negotiations, and advise them during negotiation sessions. The expense of such consultants shall be borne by the party requesting them.

1.6       The parties agree that during the period of negotiations and prior to reaching an agreement that neither the School Committee nor the Association will release any information to the general public without prior written approval of the other party. Notwithstanding the above, if either party calls on the services of the Division of Labor Relations for purposes of mediation, this information may be released to the public. Thereafter, the parties will continue to meet, and if they still have been unable to reach an agreement, either party may release information to the public without the approval of the other.

1.7       Reaching Agreement - As tentative agreement is reached in each individual item being negotiated, that item shall be reduced to writing and initialed by both parties. This is merely a note-keeping device to the mutual benefit of both parties. When agreement is reached concerning the entire negotiated package, the proposed agreement shall be reduced to writing and submitted to the Association and the School Committee for approval. Following approval by the Association membership and School Committee, the parties shall take whatever action is necessary to give full force and effect to this Agreement.

ARTICLE II - TEACHER EVALUATION

2.1        Teacher evaluation in Hadley is a supportive, growth-oriented process designed to improve teaching and learning, to promote professional development, and to determine total job effectiveness.

2.2       The Educator Evaluation Instrument is included as part of this Agreement as Appendix "A".

2.3        When the evaluation of a teacher who does not have PTS identifies problems, the following will occur:

a)         More than two formal evaluations will be written each in conjunction with full classroom observation and post-observation conferences.

b)         The wording "this is a problem that must be corrected" will be written on any reports regarding performance about which there is a serious concern.

c)         If a problem is identified, the evaluation will list recommendation(s) for improvement.

d)         The teacher and administration are encouraged to meet to mutually develop a plan for correction.

e)         Timeliness for correcting will be determined and agreed upon as appropriate.

2.4       When the evaluation of a teacher who has PTS identifies problems, the following remediation process will occur:

a)         Formal classroom observations will be conducted.

b)         Conferences will be held to identify areas of concern.

c)         Written comments will follow each conference.

d)         More than one formal evaluation will be written each year. The wording "this is a problem that must be corrected" will be written on any reports regarding performance about which there is serious concern.

e)         If a problem is identified, evaluators will list recommendations(s) for correction.

f)          The teachers and administrators are encouraged to meet to mutually develop a plan for correction.

g)         Timeliness for correction will be determined and agreed upon between the teacher and administrators).

h)        At the end of the agreed upon timeline, a report will be written stating the progress made; and stated therein will be either 1) "the problem has been corrected" and the teacher returns to normal evaluations status; or 2) "the problem needs further attention" and a new timeline will be stated with specific recommendations.

2.5       The parties agree to re-open this contract, at the request of either side, on the issue of teacher evaluation.

ARTICLE III - PERSONNEL FILES

3.1        Employees will have the right, upon request, to inspect their personnel records and folders and make copies of such contents as concerns their work or themselves. Both employer and employee have the right to have a witness in attendance at the appointed time of inspection.

3.2       No material derogatory to an employee's conduct, service, character, or personality will be placed in a personnel file until the employee has had an opportunity to review such material. The employee shall receive a copy of such material. The employee shall acknowledge that he/she has been given an opportunity to review such material by affixing his/her signature to the copy to be filed with the express understanding that such signature in no way indicates agreement with the contents thereof. The employee will also have the right to submit a written answer to such material and his/her answer shall be attached to the file copy. From the effective date of this contract, the administration will remove from a teacher's personnel file all derogatory material after a three (3) year period provided similar materials have not been added during the stated time frame.

3.3        Complaints of a serious nature and affecting the employee's community image, school performance, or final evaluation will be called to the attention of the employee by the Administration.

ARTICLE IV - ASSIGNMENTS

4.1        The Superintendent of Schools or designated administrator shall assign all professional educational personnel to specific positions within the school system. He/she shall indicate in such assignment the school to which the teacher will be assigned, the grade and/or subjects which the teacher will teach and any special or unusual classes or assignments that will be changed for the next school year. Teachers will normally be notified of their change in assignment prior to the end of the school year, provided that in the event of unusual circumstances or conditions after June, such assignments may be changed as required to meet the situation. When a head teacher is appointed he/she will receive beginning the first day, a stipend often dollars ($10) in addition to his/her regular salary for each day of the assignment. Effective September 1, 2013 the head teacher stipend shall be twenty-five dollars ($25) in addition to his/her regular salary for each day of the assignment.

4.2       In order to insure that pupils are taught by teachers working within their areas of competence, teachers shall not be assigned to subjects and/or levels of other classes outside the scope of their major or minor fields of study except to the extent that the Superintendent or designated administrator deems such assignment necessary.

4.3        Secondary school teachers shall not be assigned classes requiring an unreasonable number of different subject area preparations at any one time. Every effort will be made to assign no more than five (5) teaching periods per day in the academic subjects. (Example of definition:

Mathematics and Social Studies are different subject areas.) Teachers are invited to make suggestions for their own schedule for the succeeding year, but the final preparation of schedules is a function of the Superintendent, or his/her designee.

4.4       Teachers who desire a change in the following school year in grade and/or subject assignment or who desire to transfer to another building in the following school year shall file a written statement with the Superintendent under normal circumstances by April 1 of the prior school year. This written statement shall specify the nature of the request and the reasons for the change. The Superintendent shall acknowledge in writing receipt of such statement.

4.5       To the extent possible, changes will be voluntary. Involuntary changes may be made if the Superintendent of Schools or the designated administrator determines that is necessary to do so in the best interest of the students or of the school involved. Such involuntary assigments will be initiated only after a meeting is held between the teacher involved and the Superintendent or the designated administrator. Thereafter, the teacher (classroom or non-classroom) will be notified in writing of the reasons for the transfer.

4.6       Although professional educational personnel may be unassigned during one or more portions of the normal work day, the only duty-free period granted such personnel is the lunch period. All other unassigned time is to be used for preparation, professional improvement, departmental work, individual assistance to students and other such professional uses of time as may from time to time reasonably be assigned by the responsible administrator. When an elementary teacher is unable to use his/her unassigned period as a preparation period, the teacher may leave one-half hour before the regularly scheduled quitting time. All teachers will have a minimum of 225 minutes per week of unassigned time, or 1 period per day.

4.7       All extracurricular activities will be supervised on a voluntary basis.

The School Committee agrees that, in the event that they should fill any of the extracurricular positions contained in Appendix B, that the rate of payment for performing said function shall be controlled by said Appendix B provided that funding is available.

Whenever possible, all extracurricular positions shall be posted for at least ten days prior to the appointment being made.

4.8       Teachers appointed to research and develop curriculum will be paid at the rate of twenty dollars ($20.00) per hour if time spent is after the school day has ended, vacation periods, Saturdays, or any other time except for the summer. Effective September 1, 2013 teachers appointed to research and develop curriculum will be paid at the rate of twenty-five dollars ($25.00) per hour. During the summer, teachers will be compensated $100.00 a day for the time spent developing curriculum, but not to include time spent in courses or training. The Superintendent may advertise curricular or related projects at the project or stipend rate in lieu of an hourly or daily rate, after the Superintendent notifies the Association. The Superintendent will make a determination of the people involved.

4.9       All appointments made under paragraph 4.8 shall be for the academic year of the appointment only.

Whenever possible, appointments to department chairman and/or curriculum coordinators and positions contained on Appendix C which are full-year positions, will be made prior to July 1 of the preceding school year. Whenever possible, varsity coaches and band director will be appointed prior to the close of the school year preceding the year for which the appointment is made.

4.10     If a new position within the scope of the bargaining unit is established, the School Committee will negotiate with the Hadley Educational Association Negotiating Committee over the salary for such position.

If there are any substantial changes in the duties of the existing positions, the School Committee will negotiate with the Association regarding possible modifications in the salary of such position. The Association will be notified before adding or subtracting from these positions.

4.11      Whenever possible, all positions for extracurricular activities and department chairmen shall be posted at least ten (10) days prior to the appointment. The positions will be open each year, but the person who held the position the previous year will normally be given first consideration. In filling such position, primary consideration will also be given to qualified teachers already employed in the Hadley School System.

4.12     Appointments to extracurricular activities shall be honored by the teacher and the administration except in unusual circumstances.

ARTICLE V - GRIEVANCE PROCEDURE

5.1        A grievance is defined as a question, complaint or dispute, involving the interpretation or application of or the failure to comply with or the alleged violation of the terms and provisions of this Agreement. Any matter which is reserved to the discretion of the School Committee or any matter which is not covered by the provisions of this Agreement, shall not be the subject of a grievance. All time limits shall be maximums and be construed to mean working days.

A grievance filed prior to the end of the school year shall continue to be processed during the summer months. When school is out of session for the summer, workdays shall mean days when the Central Office of the School System is open for business to the public. Either party or the grievant(s) may request in writing a reasonable extension of time due to vacation and/or personal commitments.

5.2       The parties acknowledge that it is usually more desirable for a teacher and his/her administrative supervisor to resolve problems through free and informal communications. However, should such informal processes fail to satisfy the teacher, then a grievance may be reduced to writing and processed as follows:

5.2.1. The teacher or teachers aggrieved shall present a grievance in writing within ten (10) days (excluding vacation days between September and June) of the date he/she knew or should have known of the occurrence which gave rise to the grievance. Any complaint, dispute or question presented after the above time shall be considered untimely and not grievable.

5.2.2.    The written grievance must be presented to the administrative supervisor who will arrange for a meeting within ten (10) days of the receipt of the written grievance. The aggrieved teacher, with or without a representative of the Association at the option of the teacher, shall be present for the meeting. The administrative supervisor must provide the aggrieved teacher with a written answer on the grievance within ten (10) days of the meeting.

5.2.3.    Step 2 - If the matter is not satisfactorily settled in 5.2.2., the Association shall refer the grievance to the Superintendent within ten (10) days. The Superintendent shall arrange for a meeting with the Association's representative with or without the aggrieved employee within ten (10) days of the receipt of the appeal in an effort to resolve the grievance. The Superintendent will provide the Association representative and the aggrieved employee with his/her written decision within ten (10) days of the conclusion of the meeting.

5.2.4.    Step 3 - If the grievance is not satisfactorily settled in Step 2, the Association will forward written notice to the Superintendent within ten (10) days and the Superintendent, or designee, will arrange for a meeting between the Association's representative and the School Committee to take place no later than the next regularly scheduled meeting of the School Committee after the Association's referral. (Such meeting shall be held in executive session). Upon conclusion of the meeting, the School Committee will provide the Association with their written decision within ten (10) days.

5.2.5.    Step 4 - If the Association is not satisfied with the disposition of the grievance in Step 3, or the Step 3 time limit expires without issuance of School Committee's written answer, then the parties either jointly or singularly may demand arbitration. The arbitrator for the duration of this Agreement shall be the American Arbitration Association.

The arbitrator and the parties agree to be bound by the time limits for arbitration contained in the rules of the American Arbitration Association. If the demand for arbitration is not filed within ten (10) days from the date of the School Committee's Step 3 reply, then the grievance will be deemed withdrawn.

5.2.6.    The Arbitrator's decision shall not extend beyond the submission nor alter, amend or modify the provisions of the Agreement. Nor shall the Arbitrator render a decision which shall impinge upon any reserved rights of the School Committee.

5.2.7.    The expenses of the Arbitrator shall be borne equally by both parties.

5.2.8.    Pending final resolution of any complaint, the teacher shall comply with the instructions of the Department Chairman or similar supervisor, Principal or Assistant Principal, Director, Superintendent or School Committee.

ARTICLE VI - EMPLOYMENT PERIOD

6.1        All professional educational personnel shall be employed by annual contract, or in the case of teachers with PTS, by agreement. Professional educational personnel shall be employed for the period specified in each contract or agreement. The employment period shall begin not earlier than August 30 of one year and terminate not later than June 30 of the next following; as long as August 30 or August 31 is not on a Friday, at which time, the employment period will not start before September 1 unless approved by a majority vote of the HEA, Unit A membership. Teachers new to the Hadley system may be required to attend one day prior to the official beginning of the teachers' school year. This provision is subject to all legal obligations being met in terms of school year and work days.

6.2       All days between the employment dates except Saturdays, Sundays, legal holidays, and regularly scheduled vacation periods are considered to be part of the time which has been contracted to the School Committee and on such days as may be required by the School Committee.

6.3        When service is required beyond the number of teacher work days provided herein, it shall be voluntary. Personnel volunteering for professional service for and on behalf of the School Committee will be paid at the rate of $20.00 per hour, or $100.00 for a full five (5) hour day, or a pro-ration of one (1) over the number of days in the teachers' work year of his or her regular salary for each full day of such work, as determined by the School Committee at the time the work is offered, unless such work is being done for in-service credit or pursuant to Article 4.8 or under a grant in which case the rate of pay specified in the grant will be paid to the teacher provided that the grant rate is not less than $20 per hour.  Effective September 1, 2013 personnel volunteering for professional services shall be twenty-five dollars ($25.00) per hour. Credits will be awarded on the basis of procedure as outlined in Section 13.4.3. Credits will be applied towards degree column salary increases.

6.4       If during the school year, one or more teacher days remain to be completed to fulfill the days of the teacher year, such days may be contracted with the building principal for completion during vacations or summer months, providing the administration has no other plans for the utilization of any of the remaining days. These provisions may be varied only by mutual agreement of the parties to a maximum of five days.

Such contract with the principal must be in writing and consist of the following components:

(1)        Date(s) when activity is to be accomplished.

(2)        A clear description of the activity or task involved.

(3)        Evidence of the completed task or activity.

(4)        Signatures of principal and teacher.

A copy will be retained by the principal and teacher and a copy forwarded to the Superintendent.

It is understood that activity or task is one which is not considered as part of a teacher's "normal" or "everyday" responsibilities; and, such tasks or activities will be scheduled as a normal work day of seven (7) hours rather than miscellaneous hours.

However, there may be occasions when less than a full day would be more beneficial and appropriate. Any such requests will have to have the approval of the building principal as well as the Superintendent, but in no case will such activity be less than one-half day (3 1/2 hours). Beginning in the 1998-1999 school year, the teachers' work year is 185 days of which no more than 180 days will be with students in attendance. The additional five (5) days will be utilized for one (1) orientation day and four (4) system-wide professional development days.

A professional development committee shall be established to recommend appropriate activities for the four (4) system-wide professional development days. There shall be equal representation from the elementary and secondary levels on this committee.

ARTICLE VII - HOURS OF SERVICE

7.1        The teachers' academic workday shall not exceed seven (7) hours. The academic workday shall mean the time each teacher is required to be in school unless otherwise specified in this contract. The starting time for teachers will be no earlier than 7:20 for secondary teachers and no earlier than 8:20 for elementary teachers. In the event that a teacher has duties that may require starting the school day at an earlier hour, the teacher will be released that much earlier in the afternoon.

7.2       Effective September 1, 2013 The Committee will schedule a half day of release time for teachers at the conclusion of each marking term in order for teachers to work on report cards.

7.3        Double Sessions - In the event that the School Committee deems it necessary to place any school building in the Town of Hadley on double sessions while this Agreement is in effect, it is agreed that this Agreement may be reopened for the sole purpose of negotiating hours of service in such building and for no other purpose.

7.4       The academic work day shall not include the time for "duty free" lunch periods.

7.5        Teachers may be excused during the academic work day for emergency reasons at the discretion of the building principal.

7.6       Teachers will remain in the building each day during school hours unless they have duties in one or more buildings or unless they have permission to leave the building from the building principal or his/her designee. Such permission shall not be arbitrarily or unreasonably withheld.

7.7       Remaining Beyond Required Hours - Professional education personnel shall be required to remain beyond the end of established school day for the following reasons:

7.7.1    Teachers will make themselves available to meet with pupils and parents. Teachers, after school hours, may respond to parent contact, electronic or otherwise, at their discretion within 48 hours or two days of work. The "may" refers only to the mode of communication and timeline for a response to a parent.

7.7.2   Staff, Central Administrative Meetings - Unless excused, professional educational personnel shall attend all meetings which may be called by the Superintendent, or the building principal. Teachers shall take part in these meetings as shall be assigned to them. At least a twenty-four (24) hour notice shall be given when practicable by the person calling the meeting. The number of meetings will not exceed one in any week with the exception of meetings for detentions, graduation business, TEAM meetings, pupil help sessions, and parent meetings.

7.7.3.   Classes Scheduled After School Hours - When teachers are required to teach hours other than the normal hours, they will not be scheduled for more than thirty-five (35) hours in one week nor more than eight (8) hours in one day, except where extra compensation is involved.

7.7.4.    Teachers will participate in one evening parent-teacher meeting period annually of no longer that 3.5 hours in duration to be scheduled by the building principal. In return for this time, teachers will only be required to work a morning half day on the same day as the scheduled evening parent-teacher meetings. It is understood, then, that the intent is to trade time with the teachers—a half work day for the equivalent time to be used in the evenings for parent-teacher meetings. It is further understood that this evening parent-teacher meeting will replace one of the normally scheduled half-day elementary school parent-teacher conferences.

7.8        Special Service Personnel - Special professional educational services personnel servicing more than one school at which the beginning and ending hours differ shall be directed by the beginning and ending time of the school in which the personnel have their first and last assignment, respectively, provided that this time does not exceed the normal work week of thirty-five (35) hours.

7.9       Teaching Loads in Primary Grades - All parties to the agreement recognize that the assignment of primary pupils involves administrative determinations based upon the geographical distribution of pupils, the availability of space, the availability of teaching, administrative and service personnel, and integration of school bus routes, the availability and use of materials, the coordination of programs in special fields, the health, comfort, safety and well-being of the students. To the extent practicable, at the option of the Superintendent of Schools, the School Committee and the Central Administration will also take into account, in assigning primary pupils, the desirability of equalizing the pupil-teacher ratio in the primary grades.

7.10     The duty-free lunch period for professional educational personnel shall be assigned by the appropriate principal. In no case shall a teacher in a single-session school be assigned less than a twenty (20) minute free lunch period for each full day that the school is in session; nor shall a teacher in a two-session school be assigned a duty-free lunch period less than the time equivalent to the length of the pupils' lunch period for such two-session schools.

ARTICLE VIII - BENEFITS AND LEAVE

8.1        Benefits - These benefits are provided to protect professional educational personnel against financial loss during periods of illness, personal need, and professional improvement.

8.1.1.    Compensation - These benefits preclude compensatory salary payment to personnel for privileges not used. Salary shall be paid where provided, only when authorized leave has been taken. Unless otherwise provided, all unused leave privileges shall cease to be applicable at the end of the employment year. However, leave privileges shall begin anew or continue to accumulate as provided herein, at the outset of the new contractual year.

8.1.2.    Continuous Accumulation of Benefits - Unless otherwise stated, benefits shall continue to accumulate as though actual service was not interrupted. Use of such benefits shall continue upon the resumption of duty. Suspension of benefits shall not include health plan and term life insurance.

8.1.3.    Written Requests for Leave - All requests for leave, which do not have specific notice requirement provided for herein, must be made in writing at least 48 hours before said leave is to begin. Letters of request, or notification shall be mailed, forwarded by inter-school mail, delivered in person or hand-carried by others to the Superintendent of Schools.

8.1.4.    Benefits other than medical will be prorated for part-time teachers or teachers hired after the start of the academic year.

8.2       Leaves With Pay

8.2.1.    Professional staff members in the Hadley School System shall be granted fifteen (15) days per year sick leave for personnel with PTS and ten (10) days for personnel without PTS to be available for personal illness. Teachers may use up to five (5) days of their annual sick leave for illness in the immediate family as defined in Article VIII, Section 8.2.7. Additional family sick leave may be granted at the discretion of the Superintendent upon formal written request. Sick leave may be accumulated to two hundred (200) days. When the teacher is placed on PTS, the difference in the allowance will be added to his/her sick leave. The Superintendent or his/her designee may require sick leave medical certification for any absence from work under the Family and Medical Leave Act of 1993 or the Massachusetts Maternity Leave Act. In addition, medical certification may be required for any absence of three or more consecutive days, as well as, in instances where there is excessive, patterned, or reason to believe there is an abuse of sick leave.

8.2.2.    As occurring day by day, sick leave shall be granted by the employee's Principal upon oral notification of illness. Such leave shall be granted only to employees unable to perform their duties as a result of sickness or injury (of members of their families or themselves). Notification of initial absence shall be made the evening before such absence or not later than between 6:30 a.m. and 6:45 a.m. for high school personnel and 6:45 a.m. and 7:00 a.m. for elementary personnel on the day when such absence will occur. Teachers will call only if not coming into work.

8.2.3.   Sick Leave Bank - The intent in establishing a sick leave bank is to assist a teacher to cover catastrophic illness after cumulative sick days are exhausted.

A sick leave bank is hereby established to be maintained for teachers under the following conditions:

1.         The maximum amount of days available in the Sick Leave Bank during any year will not exceed 180 days. The amount of days shall be carried over from year to year.

2.         If needed to reach the maximum number of days, each teacher, (except first-year teachers who are excluded from the provisions of the Sick Leave Bank), will donate one (1) day of his/her sick leave into a bank.

3.         An additional day will be donated to the Sick Leave Bank by each eligible teacher as the need arises.

4.          Sick Leave Bank days can be granted only for illness/accident of the eligible teacher.

5.         The initial grant of sick leave by the Sick Leave Bank Committee to an eligible employee shall not exceed thirty (30) days.

6.          Upon completion of the thirty (30) day period, the period of entitlement may be extended by the Sick Leave Bank Committee upon demonstration of need by the applicant. The maximum number of Sick Leave Bank days granted to a teacher who has requested days shall not exceed one hundred (100) days for any one illness.

7.         The Sick Leave Bank shall be administered by a sick leave bank committee consisting of six (6) members. Three (3) members shall be designated by the President of the Association and two (2) members of the School Committee and the Superintendent. The Sick Leave Bank Committee shall determine the eligibility for the use of the Bank by personnel without PTS, and the amount of leave to be granted. The following criteria shall be used by the Sick Leave Bank Committee in administering the Bank and in determining eligibility and amount of leave.

a.          Adequate medical evidence of serious illness.

b.         Prior utilization of all eligible sick leave.

c.          Length of service in the Hadley School System.

8.         The decision of the Sick Leave Bank Committee shall not be subject to the grievance procedure contained in this Agreement.

8.2.4.    Personal Day - An employee shall be entitled to three (3) personal days off each school year, provided that the Superintendent is given 48 hours prior written notice of intent to take said personal day.

Personal days shall not be utilized the day before or after a holiday or to extend a vacation. In certain circumstances, and only with the Superintendent's approval, personal days may be utilized the day before or after a holiday or to extend a vacation. The number of teachers granted use of personal days for the day before or after a holiday or to extend a vacation shall not exceed three (3) from Hopkins, and three (3) from the Elementary School on any given date. The Superintendent's decision on whether to approve a teacher's request for personal day(s) before or after a holiday or to extend a vacation shall not be subject to grievance arbitration (Article 5.2.5.).

8.2.5.    Memorial Service Representative - One person from the School to which the member is assigned shall be able to accompany a member to the memorial services for that member's immediate family. Time will be granted as needed, but less than one day each time, without loss of salary or personal or sick leave time

8.2.6.   Death of Member in Active Service - In the event of the death of a member in active service, a reasonable sized delegation, as determined by the Superintendent following recommendation by the Association, shall be selected to attend the funeral services as representatives of all the schools.

8.2.7.   Death in the Immediate Family - Up to five (5) work days of leave may be taken for the death in the immediate family, as allowed by the Superintendent, to arrange for and attend the funeral and deal with other associated issues without being charged sick leave or personal leave. Immediate family shall mean wife, husband, son, daughter, father, mother, domestic partner.

Up to three (3) work days of leave may be taken for the death of a brother, sister, grandparent, grandchild, father-in-law, mother-in-law, sister-in-law, and brother-in-law and other members of the employee's immediate household. At the discretion of the Superintendent, bereavement leave may be granted for the death of someone not in the employee's immediate household.

8.2.8.    Professional Leave - Each teacher shall be entitled to three (3) days from the 180 pupil days to attend workshops, conferences, or visitation days to other school systems per year. These days must be requested in advance and approved by the appropriate Administrator and the Superintendent. The School System will make reasonable efforts to provide a substitute, when necessary, when the teacher is absent for this purpose.

8.2.9.   Reimbursements include salary and reimbursement for reasonable expense incurred by participation in authorized activities. This reimbursement does not apply to conventions sponsored by affiliate educational associations of the local teachers' organization unless, in the judgment of the Superintendent, they are of such nature as to be applicable.

8.2.10. Any professional staff member incurring personal automobile expenses, such expense having prior approval of the Superintendent resulting from an activity directly concerned with his/her professional duties, shall be reimbursed for mileage at the rate of not less than the maximum paid employees of the Town of Hadley. Expense for other modes of transportation must be approved by the Superintendent prior to departure. In using these other modes of transportation, the staff member will provide receipts for such expenses to the Superintendent.

8.2.11. A.          If a teacher, because of injury sustained in the course of and arising out of teacher's employment, is receiving benefits under § 34 of Chapter 152 of the General Laws of the Commonwealth of Massachusetts (Worker's Compensation Act), the School Committee shall pay to such teacher each pay period so long as such teacher is receiving benefits under said § 34, an amount equal to the difference between the teacher's salary at the time of such injury and amount of weekly indemnity being received by the teacher. The total amount payable under this article because of any one injury shall not exceed an amount obtained by multiplying the number of such teacher's accumulated sick leave by such teacher's per diem rate. (Total amount payable plus number of teacher's accumulated sick days times teacher's per diem rate). The number of accumulated sick leave days available to the teacher shall be reduced by an amount equal to the total sum paid to the teacher under this article divided by teacher's per diem rate. (# that accumulated sick days is reduced by = total sum paid to teachers divided by teacher's per diem rate).

B.         If the illness or injury of a teacher comes within the purview of both this section and 8.2.1., it shall be deemed to come within the purview of this section, and such teacher shall not be paid any benefits pursuant to 8.2.1. for such illness or injury, except as is provided in the preceding paragraph.

8.3       Leave Without Pay

8.3.1. Maternity Leave - This Maternity Leave provision shall be available only to employees who meet the eligibility provisions of G.L., C. 149, § 105D, by completing ninety (90) days of service.

A.         A female employee who has been employed at least three (3) consecutive months as a full-time employee will be granted leave of absence without pay for a period not exceeding eight (8) weeks for the purpose of giving birth; providing that she shall give at least two (2) weeks' notice of her anticipated date of departure and intention to return. In the event she gives such notice, she shall be restored to her previous position or a similar position with the same status and pay. Such maternity leave shall not affect the employee's right to receive vacation time, sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans or programs for which she was eligible at the date of her leave, and any other advantages or rights or her employment incident to her employment position; provided, however, that such maternity leave shall not be included when applicable in the computation of such benefits, rights and advantages; and provided, further, that the School Committee need not provide for the cost of any benefits, plans or programs during the period of maternity leave except as provided for all employees on leave absence. Nothing in this section shall prevent the Superintendent from extending a maternity leave of absence beyond eight (8) weeks, and/or in accordance with the F.M.L.A. of 1993. Beyond use of accumulated sick leave, persons on this leave shall receive no pay unless approved for additional sick leave pursuant to 8.2.3.7. Sick leave may be used only to provide payment for scheduled teacher workdays missed. This leave shall be on a consecutive calendar week basis and after the first eight (8) weeks of leave is completed, no sick days may be used except where a teacher is disabled as provided in 8.2.1.

B.        All requests for extension or renewal of leaves will be applied for and granted, in writing.

8.3.2.    The School Administration will grant leave pursuant to the provisions of the Family and Medical Leave Act of 1993. In such circumstances Administration may require employee verification of eligibility for FMLA leave in accordance with Federal Law.

8.3.3.    Military Leave - Military leave will be granted according to the provisions of Chapter 33, Section 59 of the General Laws of the Commonwealth of Massachusetts.

8.3.4.    Jury Duty - An employee called to serve shall continue to receive his/her full pay provided they sign over all jury pay to the Town Treasurer.

8.3.5.    Expiration of Sick Leave - Professional educational personnel with an illness or recuperative period which is anticipated to extend beyond fifteen (15) continuous days following the last paid sick leave day must request prior to that date a leave of absence, without pay, for the time deemed necessary for recovery. A doctor's statement attesting to the illness or recuperative period must be submitted upon request of school officials. The Superintendent may grant up to three (3) employment years of unpaid medical leave. All benefits are suspended except for medical insurance and life insurance during which period the total cost of the premiums shall be made by the employee. If an unpaid medical leave is granted for a teacher's own illness and not that of a teacher's family member, all benefits are suspended except for medical insurance and life insurance during which period the employee must continue to contribute his/her share of the premium costs.

8.3.6.    Other - Leaves of absence without pay may be granted or denied at the discretion of the Superintendent for purposes of further study, service in the Peace Corps or VISTA, service as an exchange teacher or for other reasons determined by the Superintendent. Professional staff members, upon return from leave of absence for the above reasons, will be entitled to all benefits they would have obtained during the period of their absence.

8.4       Sabbatical Leave

Sabbatical Leave of Absence - Sabbatical leave may be granted for the purpose of studying, to travel, or to benefit from a foundation or federal grant. The Superintendent may grant sabbatical leave to any member of the staff for professional improvement subject to the following conditions:

Number of Leave - No more than two (2) of the education staff shall be absent on sabbatical leave at any one time. No more than one teacher from a particular department or grade will be absent on sabbatical leave at one time.

Advance Notice for Sabbatical Leave - Requests for sabbatical leave shall be received by the Superintendent of Schools in writing in such form as may be required no later than January 15 preceding the employment year for which the professional leave is requested, and action will be taken by May 15. In unusual circumstances, these time limits may be waived.

Minimum Continuous Service - A person shall be eligible for sabbatical leave after completion of six (6) continuous years, or ten employment years, of satisfactory service in the Hadley School System or any time after that provided they have not had such leave within the previous six (6) years.

Compensation - Personnel or professional leave shall be paid at fifty percent (50%) of their regular salary rate, provided that such pay when added to any program grant will not exceed the regular salary rate.

Commitment to Return - A member of the professional staff accepting such leave shall enter into a written agreement with the Hadley School Committee in accordance with provisions of Chapter 71, Section 41A of the General Laws of the Commonwealth of Massachusetts. (If the applicant does not return for the stated period after leave, he/she is required to refund a proportionate amount of the salary he/she received while on sabbatical unless the failure to return is due to illness, disability, discharge, death, or other circumstances beyond the control of the individual).

Benefits and salary scale steps accrue as though service was continuous limited to one employment year. The decision of the Superintendent and School Committee relative to a request for Sabbatical Leave shall be non-arbitrable and not subject to the grievance procedure of this Agreement.

8.5       Religious Days - Leave may be granted as needed, for employees whose faith requires attendance at religious ceremonies during school hours.

ARTICLE IX - INSURANCE. DUES AND CREDIT UNION

9.1       Term life, health plan, individual or family plan will be reimbursed at a percentage provided by the Town, but in no case, where legally possible, less than 50%.

A $2,000 term life insurance plan of the type presently available to teachers.

Individual or family coverage, whichever is applicable in the particular case, for the health plan, or equivalent, of the type presently available to teachers.

9.2       The School Committee agrees to sponsor the Tax-Sheltered Annuity program in the Hadley School System for all professional employees. These annuity payments may be made through payroll deduction.

9.3       All professional staff members, as employees of the Town of Hadley, are entitled to the benefits of Worker's Compensation as offered by the Town of Hadley.

9.4       The School Committee hereby accepts the provisions of Section 17C of Chapter 180 of the General Laws of Massachusetts and in accordance therewith, shall certify to the Treasurer of Hadley all payroll deductions for the payment of dues to the Association duly authorized employees covered by this contract.

9.5        Upon proper authorization by the teacher, the School Committee agrees to deduct from any teacher's salary those monies designated by that teacher to the Massachusetts Teachers Association Credit Union.

9.6       Employees may authorize the School Committee to deduct from their salary a contribution to Voice of Teachers for Education, of an amount which the employee shall specify in writing. The School Committee will certify on the payroll the amount to be deducted by the treasurer. Such amounts shall be transmitted to the Massachusetts Teachers Association within thirty (30) days.

9.7       Surviving spouses of deceased teachers shall have the opportunity to contribute, at the group rate, the cost of maintaining health insurance, individual or family.

9.8       The School Committee agrees to allow employee contributions to health insurance, group term life insurance and other forms of insurance (where appropriate), to be paid with pre-tax earnings (Section 125 plan).

ARTICLE X - SUBSTITUTE TEACHERS

10.1      Long-term Substitute - A long-term substitute is one who serves thirty (30) or more consecutive school days, or where the Superintendent makes a determination at the time of the assignment that the teacher will be serving thirty (30)or more consecutive days.

A long-term substitute will be placed on the teacher salary schedule at the first level of the Bachelor's column, or at a higher step at the sole discretion of the Superintendent, as long as such placement is in accordance with degree and experience. Long-term substitutes will not be entitled to the benefits of the collective bargaining agreement.

10.2      Whenever a substitute is employed on a yearly basis replacing a teacher who is on leave of absence, such long-term substitute shall be placed on the regular salary schedule according to years of service and professional preparation.

10.3      Teachers regularly employed in the Hadley School System will not be expected to fill in for sick or unavailable colleagues except in an emergency and will be compensated at ten dollars ($10) per coverage. When a teacher is asked to substitute for a principal, he/she will be compensated at twenty dollars per day ($20) in addition to the teacher's normal per diem remuneration rate.

10.4     Every effort will be made to provide substitute teachers for all areas of instruction, including specialists, during the life of this Agreement.

ARTICLE XI - VACANCIES AND PROMOTIONS

11.1      Vacancies within the bargaining unit in any professional position or new position including summer school, federal programs and evening schools in the Public Schools of Hadley will be adequately publicized by the Superintendent by means of a written notice displayed in every school as far in advance of the appointment as possible.

11.2     No vacancy will be filled during the school year, except on a temporary basis, within five (5) days from the date the notice is posted and the Association is notified. The School Committee will email a vacancy notice to the President of the Association and the two (2) building representatives of all postings provided the Association furnishes the Superintendent's office with the appropriate points of contact by the start of each academic year.

11.3      If a vacancy occurs after the close of the schools in June and before they open in September, the Superintendent shall mail a copy of such notice to the Association and to every teacher who shall have filed his/her name and address and self-addressed envelope with the Superintendent for the purpose of receiving such notices. Such vacancies will not be filled within ten (10) days of the mailing of such notices. After August 1, Superintendent and HEA President may agree to waive posting prior to filling a vacant position.

11.4     All certified teachers will be given adequate opportunity to make application for such vacancies. Applications must be filed in writing with the Superintendent within the time limit specified in the notice.

11.5      All vacancies shall be filled on the basis of the professional backgrounds and attainments of all applicants. When all other factors are substantially equal, preference will be given to qualified employees of the Public Schools of Hadley.

11.6     Permanent appointments to all such vacancies will be made a soon as possible.

11.7      Resignation of employment by any professional employee must be preceded by written notice of thirty (30) days. Waiver of the termination notice requirement may be granted if both the Superintendent and the employee agree to such waiver.

11.8      In the event a teaching position is eliminated, the teacher who held that position will be given first consideration for any existing vacancy, provided that teacher has the necessary qualifications.

11.9     Reductions in Staff:

11.9.1. The reduction in force language shall apply to teachers with PTS only. In the event it becomes necessary to reduce the number of employees included in the bargaining unit defined in the bargaining definition, the Administrator will take into consideration length of service, ability, and/or certification; and when all the factors that constitute ability and qualifications are relatively equal, length of continuous service shall prevail. The laid-off employee, or employee whose position is eliminated shall: (A) be transferred to an open position for which he/she is qualified or could become qualified before the effective date of the layoff, or (B) replace an employee with the lowest seniority anywhere within the Hadley School System in an area which the laid-off employee is qualified.

"Qualified" means that the teacher has on file with the Office of the Superintendent evidence that he/she possesses the necessary certification or can obtain said certification by the effective date of his/her lay-off. "Seniority" means a teacher's continuous length of service in years, months, and days in the bargaining unit from the teacher's first day of work as a bargaining unit member. Teachers shall be credited for seniority purposes with all time spent on any leave of absence provided for in this Agreement.

In cases involving teachers who have identical seniority, preference for retention or recall shall be given to the teacher who has achieved the highest level of training.

11.9.2.Teachers who are to be affected by a reduction in staff must be notified in writing no later than June 15 of the school year preceding the year in which the reduction will take effect. Said notice shall include the specific reasons for the lay-off.

11.9.3. Teachers who have been laid-off shall be entitled to recall rights for a period of time equal to the length of continuous service on the effective date of their respective lay-offs, but under no circumstances more than two (2) years. During the recall period, the Superintendent will notify teachers by certified mail only for those positions which the teachers have on file with the Superintendent. Teachers who are certified or could become certifiable by the time the position is open will be eligible for such positions. During the recall period, teachers who have been laid-off shall be given every consideration for substitute work, if they so desire. Teachers who have been laid-off may continue group health and life insurance coverage during the recall period by reimbursing the Town for premium cost.

A list specifying the seniority of each member of the bargaining unit shall be prepared by the Administration and forwarded to the President of the Association within thirty (30) days following the execution of this Agreement. An updated "Seniority List" shall be supplied by the Superintendent annually thereafter.

ARTICLE XII - TEACHING FACILITIES

12.1     It is desirable that each school building have the following facilities:

Space in each classroom shall be provided in which teachers can safely store instructional materials and supplies

A teacher work area containing adequate equipment and supplies of instructional materials and accessible to teachers at all times shall be provided.

A teacher rest area adequately furnished with clean rest room facilities will be provided whenever possible.

ARTICLE XIII - ACADEMIC

The private and personal life of any professional employee is not within the appropriate concern or attention of the School Committee except as it may reflect adversely on the employee's responsibilities and relationships with students, parents, and the community.

ARTICLE XIV-SALARIES AND COMPENSATION

14.1      During the term of this agreement all personnel within the unit shall be paid in accordance with the applicable salary schedules and other guides for the payment of compensation, which are a part of or attached to this agreement. Teachers shall have the option of receiving their annual compensation in either twenty-two (22) or twenty-six (26) pay periods. Effective immediately any teacher scheduled to receive twenty-five (25) pay periods will now receive twenty-six (26) pay periods for the school year 2012-2013. Any changes for the upcoming school year must be requested prior to July 1st each year. If a change is not requested, the previous year's method will be continued. The default payment method will be twenty-two (22) pay periods. A newly hired Teacher will have three (3) calendar days to select their payment option. If there is a weather or other emergency that occurs on a payday, paychecks will not be available under any circumstances until the next business day that the Superintendent's office is Open.

14.2     Any teacher with fifteen (15) consecutive years of service who retires with one hundred (100) or more sick days unused from the Hadley School System will receive a three thousand dollar ($3,000) sick leave buy back.

14.3      Placement on Salary Schedule

14.3.1. A teacher elected to employment by an administrator will be placed on at least the step on the salary schedule in accord with degree status and teaching experience.

14.3.1. Part-time teachers will be paid on a pro rata basis as will other benefits.

14.3.2.  Additional credit may be allowed for other related experience upon recommendation of the Superintendent.

14.3.3. In order for an employee to qualify for movement from the Master's column to the Master's +30 column previously utilized credits (college and in-service) can not be used again.

14.3.4   Unless otherwise approved by the Superintendent of Schools, all credits (college and in-service) to be used in moving from one column to another must be at a level above the employee's existing degree status.

14.3.5   For teachers hired after 6/1/95, the B+15, B+30 and B+45 columns will not apply and movement beyond the Bachelors column necessitates a Master's Degree.

14.3.6   When a teacher qualifies for movement to a superior salary column between September 1 and December 31, the movement will be made as of January 1. When a teacher qualifies for this movement between January 1 and August 31, the movement will be made as of September 1. For budget planning purposes, to qualify for a column movement and or degree status change for September 1 or January 1, the teacher must notify the Superintendent in writing by no later than January 15 of the preceding fiscal year (i.e. for a column/degree status change in September 2010 or January 2011, the individual would have been required to notify the Superintendent in writing on or before January 15, 2010). Qualification means that the teacher has completed requirements for the movement and the Superintendent receives official notification of fact.

14.3.7. No teacher with professional teaching status (PTS) will be dismissed, disciplined, reprimanded, reduced in rank or compensation without just cause. If a teacher with PTS is given a disciplinary action involving a dismissal from employment, the teacher (if he/she wishes to appeal the discipline) will follow the procedures set forth in M.G.L., C. 71, § 42. If a teacher wishes to appeal a suspension, the teacher may elect either to follow the grievance procedure to arbitration or follow the procedure set forth in the Education Reform Act of 1993.

No teacher without PTS will be disciplined (except as provided below), reprimanded, or reduced in rank or compensation without just cause. If a teacher without professional teaching status is dismissed from employment he/she will follow the procedures set forth in the Education Reform Act of 1993, if he/she wishes to appeal the discipline.

14.4.1. Teachers shall move up one step each year.

14.4.2   Retirement

Teachers who retire after 15 consecutive years in the Hadley School System and who submit their notice of retirement to the Superintendent by September 1 of the year before the Retirement takes effect (e.g., a teacher planning to retire in June 2011 will need to submit his/her retirement notification by September 1, 2009 in order to qualify for the full retirement incentive), will be paid $1,000 in addition to their regular salary during the last year of employment.

Retirement incentives will only be provided if the said retirement becomes effective between the end of one school year and the beginning of the next school year.

14.4.3 In-Service Credits

In-Service credits which are utilized for level or column movement on the salary schedule shall be approved in advance by the Superintendent and in accordance with the following scale: 12 hours of in-service = 1 college credit.

In-Service workshops or seminars of at least three (3) hours shall accumulate towards one or more In-Service credits based on the following formula:

Three (3) hours =        1/4 In-Service Credit

Six (6) hours   =         1/2 In-Service Credit

Nine (9) hours =.        3/4 In-Service Credit

Twelve (12) hours =    1 In-Service Credit

In-Service credits will only be awarded in increments of 1/4 credit (3 hours). In-Service credit may be awarded at the Superintendent's discretion for several related workshops or seminars of less than three hours, if when combined these workshops or seminars total three hours or more. Such requests must be submitted in advance on a single In-Service Request Form for approval by the Superintendent.

Upon completion of the requested seminar or workshop, documentation of the required hours of training by the In-Service provider must be submitted to the Superintendent for verification prior to awarding credit.

14.5     Professional Improvement

14.5.1. Approved study credits shall mean all courses including degree or diploma programs, workshops, seminars, and professional improvement projects as approved in advance by the Superintendent. All credits approved by previous Superintendents will be honored.

14.5.2 Tuition at the University of Massachusetts at Amherst rate for a total of ten (10) courses per year, subject to approval of the Superintendent, will be offered to bargaining unit members. These courses may be taken during the summer as well as during the school year. No more than one course may be taken per teacher per year, unless the full rotation of the list has occurred in the same year, in which case a teacher may be eligible for an additional course.

Applicants will be chosen from a rotating eligibility list. Each person on the list will have no more than two (2) academic years to apply for a course tuition reimbursement. A person who either takes a course or has the time period elapse will be placed at the end of the rotation.

The Association will prepare and monitor the rotating eligibility list.

The school committee will reimburse teachers for the cost of the course (s) up to three (3) credit hours at the University of Massachusetts tuition rate upon successful conclusion of the course with a passing grade, in the event of a pass/fail course or a grade of at least a B for courses within the teacher's subject area, or a grade of at least C or better in courses outside of the teacher's subject area. Effective September 1, 2013 the School Committee will reimburse teachers at 50% of the continuing education rate.

14.5.3 Annually, the School Committee shall create a conference account for teachers. Each teacher shall have up to one hundred fifty dollars ($150.00) per year available to him/her for attendance at conferences.

14.6     Termination of Contract - If a teacher's contract is terminated before the last day of the contract year, the salary earned shall be deemed to be the annual salary rate divided by the number of work days in the contract year and multiplied by the number of days which the concerned employee actually worked.

14.7     A teacher is required to possess a Masters' degree to be eligible for the M+60 column.

ARTICLE XV - EXISTING CONDITIONS

15.1      All terms and conditions of employment not covered by this agreement shall be subject to the Superintendent's direction, but this shall not preclude the Association's right to negotiate, as prescribed in Chapter 150E of the General Laws, on contemplated changes in present conditions.

Therefore, before a change is made in present policy concerning wages, hours and conditions of employment, the President or Vice President of the Association will be notified of the contemplated change in writing. Should the Association fail to request a meeting to negotiate on this matter within fifteen (15) days following such notification of a contemplated change, there shall be no obligation on either party to meet.

Any agreement reached between the parties will be reduced to writing and made part of this Agreement.

15.2     If any provision of this Agreement is held to be contrary to law, then such provision will be deemed valid only to the extent permitted by law, but all other provisions of this Agreement will continue in full force and effect. The parties will meet not later than ten (10) days after any such holding for the purpose of re-negotiating the provision or provisions affected.

15.3      Fair Share

15.3.1. Effective thirty (30) days after the commencement of employment, each employee, in accordance with G.L., C. 150E, § 12, shall be required to pay the service fee to the HEA as a condition of his/her employment in the district.

15.3.2. Any employee who fails to pay the agency fee in lieu of dues to the exclusive bargaining agent will be subject to legal action by the HEA for collection of said fee.

Any cost of collecting said fee will be added to the individual's total service fee due. The HEA will be solely responsible for enforcing the provisions of this Section. The School Committee will not be responsible to enforce any provision of the Section.

15.3.3. The HEA will indemnify, defend, and hold harmless the School Committee harmless against any and all claims, actions, or lawsuits of any kind or description, whether at law or equity, and whether based on statute, constitution or common law, made or instituted against the School Committee or its agents, employees or administrators, resulting from this Section. Specifically, the HEA will have no right of action by way of contribution, counterclaim, or other basis against the School Committee. Should any administrative agency or court of competent jurisdiction find the School Committee liable for any damages as a result of this Section, the HEA will pay any and all of those damages, including interest and charges.

15.3.4. If any court of competent jurisdiction determines that any part of this Section 15.3.1, 15.3.2, or 15.3.3, is unconstitutional, in violation of statute, or otherwise unenforceable, all of the other parts of this 15.3.1, 15.3.2, and 15.3.3, will be null and void.

15.3.5. The service fee shall be calculated in accordance with the provisions of the M.G.L., C. 150E, § 12, and applicable state and federal constitutional law. Payment of said fee will not entitle the fee payer to be a member in good standing with the HEA.

ARTICLE XVI - COMPLAINT PROCEDURE

16.1      If a complaint is made to the administration or School Committee, then the administration will inform the teacher against whom the complaint was made within three (3) workdays of the receipt of the complaint; unless there will be an investigation undertaken regarding the complaint, in which event, the teacher will be informed at the conclusion of the investigation. The teacher shall be informed of the name of the individual(s) who made the complaint; the nature of the complaint; to whom the complaint was made; whether the complaint was written or verbal; and the original date that the complaint was received.

16.2     If a signed complaint by a parent, student, or other person about a teacher is to be used in an evaluation, the teacher will be informed of the intent to use the complaint as soon as it is reasonably determined that it will be used in the evaluation. No complaint against a teacher shall be included in the teacher's personnel file unless the complaint has been used in an evaluation of the teacher, or had been used in a disciplinary action involving the teacher. No anonymous complaint may be used in an evaluation. In all cases, a teacher may file a statement to be attached to the complaint. When a complaint or concern is received about a teacher, the School Committee and the school administration will keep the matter private when appropriate under the circumstance.

16.3      It is the goal of the School Committee and the Association that when an individual has a complaint against a teacher, the complainant and the teacher will attempt to resolve the complaint. When the complaint cannot be resolved between the complainant and the teacher, further efforts toward resolution shall be encouraged through meetings with the principal, superintendent, and the school committee, in that order, as may be appropriate to the particular circumstance.

ARTICLE XVII - DURATION

17.1     This Agreement shall become effective September 1, 2012 and continue in effect to and including August 31, 2015 and shall thereafter automatically renew itself for successive terms of one year each unless by April 1 of the second year of the Agreement either the School Committee or the Association shall have given the other written notice of its desire to modify or terminate this Agreement and presents to the other party to this Agreement prior to January 15, 2015 its proposed amendments to the existing Agreement.

If a successor Agreement is not reached before the expiration date of the existing contract, the existing contract will remain in full force and effect until a successor Agreement is reached. There shall be no strikes or work stoppage as defined in G.L., Chapter 150E, Section 9A.

IN WITNESS WHEREOF the parties of this Agreement have caused these presents to be excused by their agents hereto duly authorized, and their signatures to be affixed hereto, as of the date appearing after each signature.

HADLEY EDUCATION ASSOCIATION                HADLEY SCHOOL COMMITTEE

_____________________________________          ______________________________________

President                                                                      Chairperson

_____________________________________          ______________________________________

Date                                                                              Date

2012-2013

SALARY SCHEDULE

Step

BA

B+15

B+30

MA/B+45

MA+15

M+30

M+45

M+60/ CAGS

PhD/ EdD

1

35213

 

 

41250

42355

43460

43927

44361

44861

2

36269

 

 

42488

43626

44764

45243

45692

46192

3

37355

 

 

43760

44934

46107

46601

47066

47566

4

38478

 

 

45074

46283

47491

48000

48474

48974

5

39631

 

 

46428

47671

48914

49441

49930

50430

6

40823

 

 

47819

49102

50384

50923

51427

51927

7

42045

 

 

49254

50574

51893

52450

52970

53470

8

43308

 

 

50730

52091

53452

54024

54559

55059

9

44605

 

 

52251

53653

55055

55644

56195

56695

10

45943

 

 

53821

55264

56707

57314

57881

58381

11

47322

 

 

55435

56921

58407

59035

59625

60125

12

48739

 

 

57096

58629

60161

60804

61409

61909

13

50201

 

 

58811

60388

61965

62630

63252

63752

14

51706

 

 

60576

62200

63823

64507

65150

65650

15

53257

 

 

62394

64067

65740

66442

67100

67600

16

55172

56448

 

64268

65990

67712

68437

69116

69616

For teachers hired after 6/1/95, the B+l5, B+30 and B+45 columns will not apply and movement beyond the Bachelors column necessitates a Master's Degree.

2013-2014

SALARY SCHEDULE

Step

BA

B+15

B+30

MA/B+45

MA+15

M+30

M+45

M+60/ CAGS

PhD/ EdD

1

35917

 

 

42075

43203

44330

44805

45248

45748

2

36994

 

 

43337

44498

45659

46148

46606

47106

3

38102

 

 

44635

45832

47029

47533

48007

48507

4

39248

 

 

45976

47209

48441

48960

49443

49943

5

40424

 

 

47356

48625

49893

50429

50929

51429

6

41640

 

 

48776

50084

51392

51942

52456

52956

7

42886

 

 

50239

51585

52931

53499

54030

54530

8

44174

 

 

51745

53133

54521

55104

55650

56150

9

45497

 

 

53296

54726

56156

56757

57319

57819

10

46862

 

 

54897

56370

57842

58461

59039

59539

11

48268

 

 

56544

58060

59575

60215

60818

61318

12

49713

 

 

58238

59801

61364

62020

62637

63137

13

51205

 

 

59988

61596

63204

63883

64517

65017

14

52740

 

 

61787

63443

65099

65797

66453

66953

15

54322

 

 

63642

65349

67055

67771

68442

68942

16

56276

57577

 

65554

67311

69067

69805

70499

70999

For teachers hired after 6/1/95, the B+15, B+30 and B+45 columns will not apply and movement beyond the Bachelors column necessitates a Master's Degree.

2014-2015

SALARY SCHEDULE

Step

BA

B+15

B+30

MA/B+45

MA+15

M+30

M+45

M+60/ CAGS

PhD/ EdD

1

36635

 

 

42917

44067

45216

45702

46153

46653

2

37734

 

 

44204

45389

46573

47071

47538

48038

3

38864

 

 

45528

46749

47969

48484

48967

49467

4

40032

 

 

46895

48153

49410

49939

50432

50932

5

41232

 

 

48303

49597

50890

51438

51948

52448

6

42472

 

 

49751

51085

52419

52980

53505

54005

7

43744

 

 

51244

52617

53989

54569

55110

55610

8

45057

 

 

52780

54196

55612

56206

56763

57263

9

46407

 

 

54362

55821

57279

57892

58466

58966

10

47799

 

 

55995

57497

58998

59630

60219

60719

11

49233

 

 

57674

59221

60767

61419

62034

62534

12

50708

 

 

59403

60997

62591

63261

63890

64390

13

52229

 

 

61187

62828

64468

65160

65808

66308

14

53795

 

 

63023

64712

66401

67113

67782

68282

15

55409

 

 

64914

66655

68396

69126

69811

70311

16

57401

58728

 

66865

68657

70448

71201

71909

72409

For teachers hired after 6/1/95, the B+15, B+30 and B+45 columns will not apply and movement beyond the Bachelors column necessitates a Master's Degree.

 

2012-2013

2013-2014

2014-2015

CO-CURRICULAR

1% increase

2% increase

2 % increase

Athletic Director

13,304

13,570

13,841

 

13,716

13,990

14,270

 

14,140

14,423

14,711

Varsity Soccer

3,384

3,451

3,520

 

3,491

3,560

3,632

 

3,765

3,841

3,917

JV Soccer

1,948

1,987

2,027

 

2,121

2,163

2,207

 

2,279

2,324

2,371

MS Soccer

1,368

1,395

1,423

 

1,486

1,515

1,546

 

1,596

1,628

1,660

Varsity Basketball

4,147

4,230

4,315

 

4,498

4,587

4,679

 

4,848

4,945

5,044

JV Basketball

2,486

2,535

2,586

 

2,705

2,759

2,814

 

2,902

2,960

3,019

MS Basketball

1,657

1,691

1,724

 

1,803

1,839

1,876

 

1,939

1,978

2,018

Varsity Baseball

3,520

3,590

3,662

 

3,804

3,880

3,957

 

4,096

4,177

4,261

JV Baseball

2,042

2,083

2,125

 

2,218

2,262

2,308

 

2,396

2,444

2,493

MS Baseball & Softball

1,368

1,395

1,423

 

1,486

1,515

1,546

 

1,596

1,628

1,660

Golf

2,661

2,715

2,769

 

2,743

2,798

2,854

 

2,828

2,885

2,942

Wrestling

3,521

3,591

3,663

 

3,804

3,880

3,957

 

4,096

4,177

4,261

Cheerleading V

2,337

2,384

2,432

 

2,531

2,582

2,633

 

2,729

2,784

2,839

Cheerleading JV

1,354

1,381

1,409

 

1,469

1,498

1,528

 

1,583

1,614

1,647

Cheerleading MS

979

998

1,018

 

1,061

1,082

1,103

 

1,137

1,160

1,183

Band Director/Majorettes

3,658

3,731

3,806

 

3,970

4,050

4,131

 

4,273

4,359

4,446

Elem. Chorus Director

1,831

1,868

1,905

 

1,987

2,026

2,067

 

2,134

2,177

2,220

School Play (Drama)

1,539

1,570

1,601

 

1,661

1,695

1,729

 

1,778

1,813

1,849

Newspaper

1,368

1,395

1,423

 

1,486

1,515

1,546

 

1,596

1,628

1,660

As Schools Match Wits

979

998

1,018

 

1,061

1,082

1,103

 

1,137

1,160

1,183

Yearbook

3,105

3,167

3,230

 

3,285

3,350

3,417

 

3,399

3,467

3,536

Activity Fund

1,522

1,553

1,584

 

1,604

1,636

1,669

 

1,686

1,719

1,754

Art Workshop-Secondary

1,539

1,570

1,601

 

1,661

1,695

1,729

 

1,778

1,813

1,849

Art Workshop-Elementary

1,539

1,570

1,601

 

1,661

1,695

1,729

 

1,778

1,813

1,849

Equestrian Club

949

968

988

 

980

999

1,019

 

1,010

1,030

1,051

*Class Advisor (12)

1,188

1,212

1,236

*Class Advisor (11)

1,188

1,212

1,236

*Class Advisor (10)

425

434

442

*Class Advisor (9)

425

434

442

*Class Advisor (8)

425

434

442

*Class Advisor (7)

425

434

442

MS Team Leader

758

773

788

VHS Coordinator

758

773

788

VHS Teacher

758

773

788

Debate

1,365

1,392

1,420

 

1,486

1,515

1,546

 

1,596

1,628

1,660

Lane Prize

979

998

1,018

 

1,061

1,082

1,103

 

1,137

1,160

1,183

Mock Trial Advisor

1,368

1,395

1,423

 

1,486

1,515

1,546

 

1,596

1,628

1,660

Pro Merito

694

708

722

Student Council

946

965

985

Math Advisor

1,137

1,160

1,183

Elementary Student Council

530

541

552

Gay Straight Alliance Advisor

694

708

722

Mentoring Trainers (for Peer Mentors)

556 Each

567 Each

578 Each

Secondary Department Head

 

1,200

1,224

*lf there are more than two advisors for a class, each will receive that sum which is derived by multiplying the listed figure by two (2) and then dividing by the number of advisors for that class. If there is one advisor for a class, that individual will be paid 1.5 times the amount listed.

Secondary Department Head positions are posted every two years at $1,200. This provision is to be implemented effective September 1, 2013.

HADLEY SCHOOLS

JOB DESCRIPTION

TITLE: Hopkins Academy Department Chair

QUALIFICATIONS:

Massachusetts certification in the academic discipline of the department

Minimum of five years of successful teaching experience within the departmental Academic discipline

Demonstrated expertise in the areas of departmental curriculum and assessment

Demonstrated leadership qualities

Demonstrated ability to be a team player and work collaboratively for the betterment of The whole school

Other qualifications as deemed appropriate by the District

TERMS OF EMPLOYMENT:     Consistent with the terms of the master agreement between the Hadley Education Association and the Hadley School District School Committee

Posted and appointed annually

REPORTS TO:        Building Principal

JOB GOALS:

To assist in the administration of the department

To lead department in assessing, developing and revising curriculum

To give input to the department budget

To prepare the departmental section of the Program of Studies and to Provide input into the scheduling of courses

PERFORMANCE RESPONSIBILITIES;

Assisting the Administration

Establishing and maintaining, in cooperation with the building administration, open channels of communication between and among other department chairs, members of the department and the administration

Reporting on activities of the department at department meetings with building administration

Making recommendations to the administration on teaching assignments and schedules

Assisting, as needed, in the recruitment and selection of new teachers

Assisting with training, orientation and mentoring of new teachers in the department

Promoting the usage of diverse teaching materials to accommodating effective instruction

Holding regularly scheduled department meeting

The Department Chair does not have homeroom responsibilities

Curriculum

Establishing goals for the department in cooperation with the administration and department members.

Coordinating assessment of curriculum, to include assurance of scope and sequence across the department and grade levels

Facilitating revisions to the curriculum when appropriate

Budget

Preparing, with assistance of the teachers of the department, lists of necessary supplies, textbooks, equipment and other instructional materials

Compiling of all budget requests into a department budget

EMPLOYEE FAMILY AND MEDICAL LEAVE

The Hadley Public Schools shall comply with the mandatory provisions of the Family and Medical Leave Act of 1993 and its subsequent amendments. The Superintendent shall ensure compliance with those regulations either personally or by delegation, or by some combination of personal oversight and delegation.

LEGAL REFS.:         P.L. 103-3, "Family and Medical Leave Act of 1993."

P.L. 110-181, "National Defense Authorization Act"

FAMILY AMD MEDICAL LEAVE

A.       Leave Without Pay

1.      Employees may take leave without pay when they have exhausted their leave benefits and need additional leave to cover personal illness; the illness of a spouse, child, or parent; the birth or adoption of a child; for any "qualifying exigency" arising out of the fact that the employee's spouse, son, daughter, or parent is on active duty, or has been notified of an impending call or order to active duty as a member of the National Guard or Reserves, in support of a contingency operation; or to care for a covered service member with a serious injury or illness if the employee is the service member's spouse, son, daughter, parent, or next of kin.

2.      An employee is not entitled to leave without pay unless:

a.    that employee has been employed for at least twelve (12) months by the School Committee* and

b.    that employee has worked at least 1250 hours in the previous 12 month period or has a salaried position of at least .5 F.T.E.s

*     While the twelve (12) months of employment need not be consecutive, employment periods prior to a break in service of seven (7) years or more need not be counted unless the break is occasioned by the employee's fulfillment of his/her National Guard or Reserve military obligation (as protected under the Uniformed Services Employment and Reemployment Rights Act (USERRA)), or a written agreement, including a collective bargaining agreement, exists concerning the employer's intention to rehire the employee after the break in service.

3.      Extent of leave:

a.    An eligible employee may take up to twelve weeks (or twenty-six (26) weeks if leave to care for a covered service member with a serious injury or illness is also used) of leave total during a twelve (12) month period, including any paid leave used. The employee must exhaust all sick leave as per contracts with any collective bargaining units, available paid vacation leave and personal leave before being entitled to take leave without pay.

4.      Definitions:

a.    "Child" means a son or daughter, whether biological adopted, foster child, a stepchild, legal ward or child to whom the employee stands in loco parentis, if the child is either under the age of eighteen (18) years or is incapable of self-care because of a mental or physical disability.

b.     "Health care provider" means a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state where the doctor practices, or any person determined by the Secretary of Labor to be capable of providing health care services.

c.     "Intermittent Leave" means leave taken in whole day periods but less than a whole work week.

d.     "Parent" means a biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a child.

e.     "Reduced leave schedule" means a leave schedule that reduces the usual number of hours per work week, or hours per workday, of an employee.

f.     "Serious health condition" means an illness, injury, impairment, or physical or mental condition which involves either

(1) inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities) or subsequent treatment in connection with such inpatient care;

or

(2) continuing treatment by a health care provider, which includes:

(a)  A period of incapacity lasting more than three (3) consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also includes:

a.   treatment two (2) or more times by or under the supervision of a health care provider (i.e., in-person visits, the first within seven (7) days and both within thirty (30) days of the first day of incapacity); or

b.   one (1) treatment by a health care provider (i.e., an in-person visit within seven (7) days of the first day of incapacity) with a continuing regimen of treatment (e.g., prescription medication, physical therapy); or

(b) Any period of incapacity related to pregnancy or for prenatal care. A visit to the health care provider is not necessary for each absence; or

(c)  Any period of incapacity or treatment for a chronic serious health condition which continues over an extended period of time, requires periodic visits (at least twice a year) to a health care provider, and may involve occasional episodes of incapacity. A visit to a health care provider is not necessary for absence; or

(d) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. Only supervision by a health care provider is required, rather than active treatment; or

(e)  Any absences to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three (3) days if not treated.

g.    "Spouse" means a husband or wife, as defined by state law.

h.    "Twelve Month Period" the preceding twelve-month period from when the leave commences.

B.       Types of Leave Without Pay

1. Personal Medical Leave Without Pay: The Superintendent may grant a medical leave of absence without pay to an employee who, because of a serious health condition is unable to perform the functions of his or her job.

a.     An employee must exhaust all available sick leave before taking leave without pay.

b.    Medical Certification:

(1)   The Superintendent may require a medical certification from the employee's health care provider, stating—

i.        the date on which the health condition began,

ii.        the probable duration of the condition,

iii.       the appropriate medical facts within the health care provider's knowledge regarding the condition,

iv.       a statement that the employee is unable to perform the functions of his/her job.

(2)   If the Superintendent has reason to doubt the validity of the medical certification provided by the employee's health care provider, he or she may require, at the School Committee's expense, a second opinion. The employee must obtain the opinion of the School Committee's designated health care provider concerning the information in b., above.

The health care provider giving the second opinion may not be a person regularly employed by the School Committee.

(3)   If the second opinion conflicts with the first, the School Committee may require, at the School Committee's expense, a third opinion. The third health care provider's opinion shall be final and binding on the School Committee and the employee.

(4)   The Superintendent may require an employee on medical leave without pay to provide medical certifications at reasonable intervals.

c.     If the necessity for leave is foreseeable based on planned medical treatment, the employee—

(1)   shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the school, subject to the approval of the employee's health care provider.

(2)   shall give the employee's supervisor at least thirty (30) days' notice, before the date the leave is to begin, of the employee's intention to take personal medical leave without pay, except that if the date of treatment requires the leave to begin in less than thirty (30) days, the employee shall provide such notice as practicable.

d.    If the necessity for leave is foreseeable less than thirty (30) days in advance, the employee must provide notice as soon as practicable - generally, either the same or next business day.

e.     If the necessity for leave is not foreseeable, the employee must provide notice to the employer as soon as practicable under the facts and circumstances of the particular case. Absent unusual circumstances, employees must comply with the employer's usual and customary notice and procedural requirements for requesting leave.

f.     The employee may take intermittent leave or take leave on a reduced leave schedule when medically necessary.

g.    Before the employee may resume work, the employee must present his or her supervisor with written medical certification from the employee's health care provider that the employee is able to resume work. If reasonable safety concerns exist, the School Committee may, under certain circumstances, require such a certification for employees returning from intermittent FMLA leave.

2.     Family Medical Leave Without Pay: The Superintendent may grant a medical leave of absence without pay to an employee who needs the time off to care for the employee's spouse, child or parent, if the spouse, child or parent has a serious health condition.

a.    Medical Certification

(1)  The School Committee may require a medical certification from the health care provider for the spouse, child, or parent, as the case may be, stating -

i.        the date on which the health condition began,

ii.        the probable duration of the condition,

iii.       the appropriate medical facts within, the health care provider's knowledge regarding the condition,

iv.       that the employee is needed to care for the spouse, child, or parents, as the case may be, and an estimate of the amount of time that such employee is needed to care for the spouse, child, or parent.

(2)   If the School Committee has reason to doubt the validity of the medical certification provided by the employee's health care provider, he or she may require, at the School Committee's expense a second opinion. The employee must obtain the opinion of the School Committee's designated health care provider concerning the information in b., above. The health care provider giving the second opinion may not be a person regularly employed by the School Committee.

(3)   If the second opinion conflicts with the first, the School Committee may require, at the School Committee's expense, a third opinion. The third provider's opinion shall be final and binding on the School Committee and the employee.

(4)   The Superintendent may require an employee on medical leave without pay to provide medical certification at reasonable intervals.

b.    If the necessity for leave is foreseeable based on planned medical treatment, the employee—

(1)   Shall make a reasonable effort to schedule the treatments so as not to disrupt unduly the operations of the school, subject to the approval of the health care provider for the spouse, child, or parent of the employee, as the case may be, and

(2)   Shall give the employee's supervisor at least thirty (30) days notice, before the date the leave is to begin, of the employee's intention to take family medical leave without pay, except that if the date of the treatment requires the leave to begin in less than thirty days, the employee shall provide such notice as practicable.

c.     If the necessity for leave is foreseeable less than thirty (30) days in advance, the employee must provide notice as soon as practicable - generally, either the same or next business day.

d.    If the necessity for leave is not foreseeable, the employee must provide notice to the employer as soon as practicable under the facts and circumstances of the particular case. Absent unusual circumstances, employees must comply with the employer's usual and customary notice and procedural requirements for requesting leave.

e.     the employee may take intermittent leave or take leave on a reduced leave schedule when medically necessary.

3.     Parental Leave: An employee may take parental leave without pay, or paid leave as provided herein, within one year of the birth of the child in order to care for that child.

An employee may take parental leave without pay, or paid leave as provided herein, within one year of the placement of a child with the employee for adoption or foster care. Paid leave will be granted for up to 10 work days provided the employee draws up on his/her own accumulated and unused sick leave.

a.     When the need for parental leave with or without pay is foreseeable based on expected birth or placement, the employee shall give his or her supervisor at least thirty (30) days' notice before the date the leave is to begin. If the date of the birth or placement requires leave to begin in less than thirty (30) days, the employee shall provide such notice as is practicable. Absent unusual circumstances, employees must comply with the employer's usual and customary notice and procedural requirements for requesting leave.

b.      An employee taking parental leave without pay may not take intermittent leave or work on a reduced leave schedule without the express consent of the Superintendent in writing.

4.        Qualifying Exigencies Leave Without Pay: An employee may take leave without pay for qualifying exigencies arising out of the fact that the employee's spouse, son, daughter, or parent is on active duty or call to active duty status as a member of the National Guard or Reserves in support of a contingency operation. Qualifying exigency leave is not available to family members of military members in the Regular Armed Forces. A qualifying exigency is defined as: (1) Short-notice deployment (i.e., deployment on seven or less days of notice) for a period of seven days from the date of notification; (2) Military events and related activities; (3) Childcare and school activities; (4) Financial and legal arrangements; (5) Counseling; (6) Rest and recuperation; (7) Post-deployment activities; and (8) Additional activities not encompassed in the other categories, but agreed to by the employer and employee.

a.       Certification

(1) Leave for a qualifying exigency must be supported by a copy of the covered military member's active duty orders and certification providing the appropriate facts related to the particular qualifying exigency for which leave is sought, including contact information if the leave involves meeting with a third party. A second and third opinion and recertification are not permitted for certification of a qualifying exigency. The employer may contact the individual or entity named in a certification of leave for a qualifying exigency for purposes of verifying the existence and nature or the meeting.

b.      An employee must provide notice of the need for foreseeable leave due to a qualifying exigency as soon as practicable. When the need is not foreseeable, the employee must provide notice to the employer as soon as practicable under the facts and circumstances of the particular case. Generally, it should be practicable to provide notice for unforeseeable leave within the time prescribed by the employer's usual and customary notice requirements.

c.     Leave may be taken intermittently for a qualifying exigency.

5.        Care for Service Member Leave Without Pay: An employee who is a spouse, son, daughter, parent, or next of kin of a current member of the Armed Forces, including a member of the National Guard or Reserves, with a serious injury or illness may take leave without pay for up to a total of twenty-six (26) workweeks during a single twelve (12) month period to care for the servicemember.

A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A serious injury or illness is one that was incurred by a servicemember in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank, or rating. The "single 12-month period" for leave to care for a covered servicemember with a serious injury or illness begins on the first day the employee takes leave for this reason and ends 12 months later, regardless of the 12 month period established by the employer for other types of FMLA leave. An eligible employee is limited to a combined total of 26 workweeks of leave for any FMLA-qualifying reason during the "single 12-month period." (Only 12 of the 26 weeks total may be for a FMLA-qualifying reason other than to care for a covered servicemember).

a.          Medical Certification

(1) Leave to care for a covered servicemember with a serious injury or illness must be supported by a certification completed by an authorized health care provider or by a copy of an Invitational Travel Order (ITO) or Invitational Travel Authorization (ITA) issued to any member of the covered servicemember's family. Second and third opinions and recertification are not permitted. The employer may use a health care provider, a human resource professional, a leave administrator, or a management official - but not the employee's direct supervisor - to authenticate or clarify a medical certification of a serious injury or illness, or an ITO or ITA.

b.   Employees seeking to use military caregiver leave must provide thirty (30) days advance notice of the need to take FMLA leave for planned medical treatment for a serious injury or illness of a covered servicemember. If leave is foreseeable, but thirty (30) days advance notice is not practicable, the employee must provide notice as soon as practicable - generally, either the same or next business day. When the need is not foreseeable, the employee must provide notice to the employer as soon as practicable under the facts and circumstances of the particular case. Generally, it should be practicable to provide notice for unforeseeable leave within the time prescribed by the employer's usual and customary notice requirements.

c.   Leave may be taken intermittently whenever medically necessary to care for a covered servicemember with a serious injury or illness. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer's operation.

C.        Special Rules

1.     Rules Applicable to Instructors in Periods Near the Conclusion of the Academic Term:

The following rules apply to any employee who takes leave without pay under this policy and who is employed principally in an instructional capacity.

a.      If leave without pay begins more than five weeks before the end of an academic term, the principal may require the employee to continue taking leave until the end of that academic term, if-

(1) the leave is of at least three weeks duration, and

(2) the return to work would occur during the three-week period before the end of the academic term.

b.      If leave because of the birth of a son or daughter; leave because of the placement of a son or daughter for adoption or foster care; leave taken to care for a spouse, parent, or child with a serious health condition; or leave taken to care for a covered servieemember without pay begins within five weeks before the end of an academic term, the principal, may require the employee to continue taking leave until the end' of that term, if-

(1) the leave is of at least two weeks duration, and

(2) the return to work would occur during the two-week period before the end of the academic term.

c.      If leave because of the birth of a son or daughter; leave because of the placement of a son or daughter for adoption or foster care; leave taken to care for a spouse, parent, or child with a serious health condition; or leave taken to care for a covered servieemember without pay begins within three weeks before the end of an academic term the principal may require the employees to continue taking leave until the end of that term, if the leave is for more than five working days.

d.      The extended leave is counted against the teacher's FMLA allotment. If the teacher's FMLA allotment expires during the extension, the additional time is nevertheless deemed FMLA leave.

2.      Intermittent Leave and Reduced Leave Schedules:

a.      If the intermittent leave or reduced leave schedule is foreseeable based on planned medical treatment, the Superintendent may require the employee to transfer temporarily to an available alternate position—

(1) which is offered by the Superintendent,

(2) for which the employee is qualified,

(3) which has equivalent pay and benefits, and

(4) which better accommodates recurring periods of leave than the regular employment position of the employee.

b.      If a teacher does not give the School Committee the required thirty (30) days notice for intermittent leave or a reduced leave schedule which is foreseeable, he or she must delay the taking of leave until the notice provision is met.

c.      If a teacher takes intermittent leave or a reduced leave schedule which is for more than 20% of the normal working days over the period of the leave, that teacher must instead take the entire period as FMLA leave.

3.      Benefits during Leave:

a.      While the employee is on leave, the Hadley Public Schools shall maintain coverage of that employee under its group health plan at the level and under the conditions which would have been provided if the employee had continued in employment instead of being on leave.

b.      If the employee normally had a monthly payment to that plan, the employee must make that monthly payment. If the employee fails to make such payments, the Hadley Public Schools shall, if possible, continue the benefits at the reduced rate. If such a reduced rate is not possible, then the employee shall be excluded from the group health plan.

4.      Employment and Benefits upon Return to Work:

a.     Any employee who takes leave under this Policy for the intended purpose of the leave shall be entitled, on return from leave-

(1) to be restored to his or her former job, or

(2) to be placed in an equivalent position with equivalent benefits, pay, and other terms and conditions of employment.

b.      The taking of leave under this policy shall not result in the loss of any employment benefit accrued before the date on which the leave began, nor be counted against the employee under a "no fault" attendance policy. If a bonus or other payment, however, is based on the achievement of a specified goal such as hours worked, products sold, or perfect attendance, and the employee has not met the goal due to FMLA leave, payment may be denied unless it is paid to an employee on equivalent leave status for a reason that does not qualify as FMLA leave.

c.      No employee shall accrue seniority or employment benefits during any period of leave, nor shall the employee be entitled to any right, benefit, or position of employment other than those to which the employee would have been entitled if the employee had not taken the leave. This policy does not change the legal status of probationary teachers or the Superintendent's authority under M.G.L. Chapter 71, sec. 41 and 42.

5.      Failure to Return from Leave: The Hadley Public Schools may recover the premium which it paid for maintaining coverage of the employee under its group health plan during the employee's unpaid leave under this policy if—

a.      the employee fails to return from unpaid leave under this policy after the period of leave to which the employee is entitled has expired; and

b.      the employee fails to return to work for a reason other than—

(1) the continuance, recurrence, or onset of a serious health condition which would entitle the employee to personal or family medical leave without pay, or

(2) other circumstances beyond the control of the employee.

6.      Prohibited Acts:

a.      No employee of the Hadley Public Schools shall interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under this policy.

b.      No employee of the Hadley Public Schools shall discriminate against any individual for opposing any practice contrary to this policy.

c.      No employee of the Hadley Public Schools shall discriminate against any individual for:

(1)  filing any charge, instituting or causing to be instituted any proceeding, under or related to this policy,

(2) giving, or being about to give, any information in connection with any inquiry or proceeding relating to any right provided under this policy, or

(3)  testifying, or being about to testify, in any inquiry or proceeding relating to any right provided under this policy.

LEGAL REFS.:         P.L. 103-3 "Family and Medical Leave Act of 1993"

29 U.S.C.S 2601 et seq.

Department of Labor Regulations, 29 C.P.R. Part 825

Va Code S 22.1-303.

P.L. 110-181, "National Defense Authorization Act"

MASSACHUSETTS MATERNITY LEAVE

I.         Administrative Policy

It is the Administrative Policy of the Hadley School Committee to implement and administer the provisions of the Massachusetts Maternity Leave Act. This law is intended to balance the demands of the workplace with the needs of the family, promote stability and economic security of families, promote national interests in preserving family integrity and entitle employees to take reasonable leaves for qualifying reasons.

II.       Definitions

Eligible Employees: A female employee who has worked in a full-time position for 3 consecutive months is covered by the MMLA.

Qualifying events: The leave is for the time period immediately after childbirth or adoption.

Length of Leave: The leave entitlement under the MMLA is 8 weeks for each child birth or adoption. If twins are born or there are 2 adoptions then the entitlement is up to 8 weeks for each child. Therefore, in the above circumstances, the employee would be entitled to up to 16 consecutive weeks of leave.

Leave for FMLA and MMLA will run and be determined concurrently. Leave under this policy runs concurrently with workers' compensation leave when the work-related injury qualifies as a serious health condition and maternity leave under M.G.L c. 149, § 105D.

III.     Procedure

Notice Requirement: An employee is required to give at least two weeks notice of her anticipated date of departure and intention to return.

IV.      Effect of Benefits

A.  An employee granted a leave under this policy will continue to be covered under the School's group health insurance plans and life insurance plans under the same conditions as coverage would have been provided if he/she had been continuously employed during the leave period.

B.  Employee contributions will be required either through payroll deduction or by direct payment to the Business Office. The employee will be advised in writing at the beginning of the leave as to the amount and method of payment. Employee contribution amounts are subject to change in rates that occur while the employee is on leave.

C.  If an employee's contribution is more than 30 days late, the Business Office may terminate the employee's insurance coverage. A written notification of intent to terminate coverage will be sent to the employee by certified mail at least five business days prior to said termination date.

D.  If the employee fails to return from maternity leave, the School may seek reimbursement from the employee for the portion of the premiums it paid on behalf of that employee (also known as the employer contribution) during the employee's leave.

E.  An employee is not entitled to seniority or benefit accrual during periods of unpaid leave, but will not lose any seniority or accrued benefits earned prior to the leave.

F.  Under an MMLA leave the employee has the option of using available accrued paid time, or being placed in an unpaid leave status for the duration of the leave.

V.       Job Protection

A.  If the employee returns to work within the 8 weeks of the maternity leave, he/she will be reinstated to his/her former position or an equivalent position with equivalent pay, benefits, status and authority.

B.  The employee's restoration rights are the same as they would have been had the employee not been on leave. Thus, the employee will be subject to any pay or benefit reductions or other adverse actions, including layoff, that she would have experienced if he or she had not taken leave under this policy.

C.  If the employee fails to return after 8 weeks of a maternity leave, the employee may be terminated, unless reinstated to her same or similar position, in accordance with applicable laws, other leave-related policies, and/or appropriate bargaining unit contract language.

SMALL NECESSITIES LEAVE ACT

It is the policy of the Hadley School Committee to follow the Massachusetts Small Necessities Leave Act, and to provide a process and procedure by which employees may access this right and provide for an accounting of time used by employees for this purpose.

The forms associated with the Massachusetts Small Necessities Leave Act appear are contained in this Policy.

Small Necessities Leave Act Policy

The Hadley School Committee will assure compliance with the Small Necessities Leave Act (SNLA) as indicated in this policy. Compliance with other state or local laws or regulations may be concurrent with this policy, where indicated, or will be outlined in separate policies.

A.  ELIGIBILITY

Employees are eligible for small necessities leave (SNLA leave) under this policy if they have been employed for at least twelve (12) months and have worked at least twelve hundred and fifty (1,250) hours during the twelve (12)-month period immediately preceding the commencement of SNLA leave.

B.  COVERAGE - WHEN LEAVE CAN BE TAKEN

Eligible employees are entitled to SNLA leave for one or more of the following reasons:

•   To participate in school activities directly related to educational advancement of a son or daughter of the employee, such as parent-teacher conferences or interviewing for a new school (school is a public or private elementary or secondary school, a Head Start program and/or a children's day care facility);

•   To accompany the son or daughter of the employee to routine medical or dental appointments, such as check-ups or vaccinations; or

•   To accompany an elderly relative of the employee to routine medical or dental appointments and for "other professional services related to the elder's care," such as interviewing at nursing or group homes. (An elderly relative is defined as one who is sixty (60) years of age or older and related by blood or marriage.)

C.  DURATION AND TIMING OF LEAVE

Eligible staff members may take a total of twenty-four (24) hours of SNLA leave per calendar year.

D.  NOTICE TO EMPLOYER AND SCHEDULING OF LEAVE

Eligible staff members must provide not less than seven (7) days notice before the date the SNLA leave is to begin where the need for the leave if foreseeable. However, if circumstances require leave to begin in less than seven (7) days, the staff member must provide such notice as is practicable.

E.  COMPENSATION DURING LEAVE

Employees who have accrued paid leave under the school committee's policies must utilize such leave when taking SNLA leave. The paid leave will count against the twenty-four (24) hours of allowable SNLA leave. When all accrued time has been paid, the staff member is then considered on unpaid leave for the remainder of the SNLA leave. Only Personal or Vacation time is eligible to be used for SNLA leave. Sick time may not be used for SNLA leave.

Employees must explain the reasons for their leave requests, so as to allow the School to determine if such leave qualifies as SNLA leave. Use of paid or unpaid leave for circumstances that qualify as SNLA leave will count against both the twenty-four (24) hour SNLA entitlement and the employee's leave entitlement under the School's other policies, or applicable law. However, use of paid or unpaid leave for circumstances that do not qualify as SNLA leave will not count against the twenty-four (24) hour SNLA leave entitlement.

F.    EMPLOYEE PROTECTION

The School will not interfere with an employee's right under the SNLA or applicable state or local law. No person shall be discriminated against for exercising, attempting to exercise, or supporting another in the exercise of rights under the SNLA.

G.  ADMINISTRATION

SNLA leave requests should be directed to the Principal of the school building where the employee works. Requests will be reviewed by the Principal, or designee, to determine eligibility, length of the leave, paid or unpaid status, and benefit status. It is the responsibility of the employee to obtain all necessary documentation needed to determine leave status. The employee will meet with the Principal or designee, to discuss the leave request, whether it is granted, its terms, and the responsibilities of the employee.

Further questions may be directed to the Superintendent of Schools.

REQUEST FOR TIME UNDER THE

SMALL NECESSITIES LEAVE ACT

(To be completed and submitted to your Principal with a copy to the Superintendent of Schools.)

I am requesting the following time off for reasons covered under the Small Necessities Leave Act. If this need was foreseeable, I have provided at least seven (7) days notice, if it was not foreseeable, I have provided as much notice as possible. I understand that if eligible, this time will be counted towards the twenty-four (24) hour time bank allowed per calendar year under the Small Necessities Leave Act and the following Hadley Public Schools' Policy.

Requested time off: (date and time) ___________________________________________

This time is for one of the reasons specified below:

•   To participate in school activities directly related to educational advancement of a son or daughter of the employee, such as parent-teacher conferences or interviewing for a new school (school is a public or private elementary or secondary school, a Head Start program and/or a children's day care facility);

•     To accompany the son or daughter of the employee to routine medical or dental appointments, such as check-ups or vaccinations; or

•    To accompany an elderly relative of the employee to routine medical or dental appointments and for "other professional services related to the elder's care", such as interviewing at nursing or group homes. (An elderly relative is defined as one who is sixty (60) years of age or older and related by blood or marriage.)

I understand that if eligible, I will be using any paid time which I have available to cover this Small Necessities Leave Act time. If I do not have any paid time left, I understand that the time taken will be unpaid.

Employee Signature:___________________________________________________

Date:________________________________________________________________

Approval and Designation of SNLA Time

Date:_______________________________

Request received from:___________________________________________________________________

Department:______________________________ Date of hire:__________________________________

No. of hours worked in previous twelve (12) months:___________________________________________

Time requested: (date and time):___________________________________________________________

SNLA time taken this calendar year:________________________________________________________

As of this date: SNLA time remaining:______________________________________________________

Paid time remaining:____________________________________________________________________

Approved:

____________As requested

____________ With the following modifications:______________________________________________

Not Approved:

______Employee is ineligible due to length of employment, i.e. less than one year.

______Employee has worked less than 1250 hours in the previous 12 months.

______The reason for the requested time off does not fall under the guidelines of the Act.

______ SNLA entitlement has been exhausted for the current period.

______Other:____________________________________________________________________

Principal:_____________________________________ Date:___________________________________

Copies distributed: Employee ____________________________Principal:__________________________

Superintendent: __________________________Payroll:________________________________________

Name:________________________________________________________

Anticipated dates of leave of absence:______________________________________________________

Types of leave:________________________________________________________________________

Date of hire:_________________________________________________________________________

Benefit time as of:____________________________________________________________________

_________________Personal time

_________________Vacation time

_________________ Total

As of __________________worked________________ hours in the previous fifty-two (52) weeks.

Eligible for SNLA? ____________________________Yes _______________________________No

Previous SNLA and dates:____________________________________________________________

Comments:_________________________________________________________________________

Approved by: __________________________________Date:______________________________