The following procedures may be implemented by the Superintendent or designee when he/she determines that the threat of or actual withholding of services by certificated employees exists.
I. Withholding of Services
A. Withholding of service is defined as nonperformance of all duties and responsibilities assigned by the district and its representatives because of collective or individual refusal(s) to provide service, unauthorized use of sick leave, unauthorized use of other leave benefits, nonattendance at required meetings and failure to perform supervisory functions at school sponsored activities.
B. A certificated employee is deemed to have withdrawn services at such time and on such occasions as the employee may absent himself/herself from required duties.
C. The withdrawal of services constitutes a breach of contract and a violation of Board rules/regulations which may result in the initiation of dismissal procedures or such disciplinary action as may be deemed appropriate.
D. Beginning on the first day of withholding of services, no warrant shall be drawn in favor of any certificated employee who has not faithfully performed all duties prescribed.
II. Leaves of Absence
Effective immediately, all certificated employee absences must be verified by written proof of the need for the leave.
A. Sick Leave
Employees requesting pay for sick leave must provide a statement from a physician, chiropractor, or practitioner (in case of religious requirement) verifying the cause and condition of illness, injury or quarantine. An employee's failure to provide such a statement will be treated as, and be deemed, a withholding of services.
B. Personal Necessity Leave
Employees requesting personal necessity leave must do so in advance, in writing, and must receive approval to take the leave from the Superintendent or designee.
In the event of an emergency where advance notice cannot be obtained, the employee may be required to complete a signed affidavit and present written documentation of the personal necessity.
C. Other Leaves
Permission to take other leaves must be received in advance of the leave.
III. Substitute Employees
The Superintendent or designee is authorized to hire substitute employees as needed. Substitutes may be paid at the rate the Superintendent or designee deems necessary to assure qualified personnel.
IV. Temporary Employees
The Superintendent or designee is authorized to hire temporary employees for the duration of the withholding of service at the rate now in effect for regular employees.
V. Assignment of Personnel
Certificated employees may be temporarily reassigned at the discretion of the Superintendent or designee. All nonteaching certificated personnel may be assigned by the building principal to classroom services in case of an emergency. Failure to accept or serve in such an assignment will be considered a breach of contract and a violation of Board rules/regulations and, therefore, may subject the employee to disciplinary action.
VI. Loss of Fringe Benefits and Payroll Deductions
Any certificated employee withholding services may be subject to the loss of payroll deduction and fringe benefit privileges.
VII. Maintenance of School Calendar
Days of instruction lost due to a withholding of services may be made up following the end of the normal school year.
VIII. Breach of Contract
Participation of a certificated employee in a withholding of services will result in a formal notification to the employee of a breach of contract and violation of Board rules/regulations. A copy of such notification will be placed in the employee's file.
IX. Possession of District Property
During a period of actual or threatened withholding of services, no employee shall remove from the district premises or retain in his/her possession any district property, including student attendance and grading records and lesson plans, without prior specific approval of the site administrator. Violation of this Board policy may result in the initiation of dismissal procedures or such disciplinary action as may be deemed appropriate.
X. Emergency Guidelines or Procedures
The Superintendent or designee is responsible for developing the necessary guidelines and procedures to cope with an emergency.
XI. Legal Services
The Superintendent or designee, pursuant to Education Code 35204 and 35205, is authorized to employ a private attorney to advise the Board on matters relating to the threat of, or actual withholding of services.
XII. Operations of School Facilities
The Superintendent or designee shall be authorized to adjust school instructional times or to close any school or district facility. Such facility will be closed when the Superintendent or designee determines that deleterious conditions exist for children or staff.
*These emergency procedures shall remain in effect until rescinded by action of the Board.
Regulation STANDARD SCHOOL DISTRICT
approved: September 29, 1988 Bakersfield, California