The Superintendent or designee may implement the following procedures when he/she determines that a threat or actual withholding of employee services exists.
Withholding of Services
1. Withholding of services is defined as nonperformance of assigned duties and responsibilities because of collective or individual refusal to provide service, unauthorized use of sick leave, unauthorized use of other leave benefits, nonattendance at required meetings or failure to perform supervisory functions at school-sponsored activities.
2. An employee is deemed to have withdrawn services when and wherever the employee is absent from prescribed duties.
3. From the first day of withholding of services, no warrant shall be drawn in favor of any employee who has not faithfully performed all of his/her prescribed duties.
4. If a no-strike clause is included in the collective bargaining agreement or the court determines that such a clause is implied, the withdrawal of services may constitute a breach of contract and a violation of Board policies and administrative regulations which may result in the initiation of dismissal procedures or other appropriate disciplinary action. In such cases, employees will receive a formal notification of their breach of contract and violation of Board policy and administrative regulations. A copy of this notification will be placed in the employee's file.
Leaves of Absence
1. All employee absences must be verified by written proof of the need for leave.
2. 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. If an employee fails to provide such a statement, his/her absence will be considered a withholding of services.
3. 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 when advance notice cannot be obtained, the employee may be required to sign an affidavit with written documentation of the personal necessity.
4. Permission to take other leaves must be received in advance of the leave.
Substitute Employees
The Superintendent or designee may hire substitute employees as needed. Substitutes shall be paid at the rate the Superintendent or designee deems necessary in order to obtain qualified personnel.
Temporary Employees
The Superintendent or designee may hire temporary employees for the duration of the withholding of service at the rate now in effect for regular employees.
Assignment of Personnel
At the discretion of the Superintendent or designee, employees reporting for duty may be temporarily assigned to duties other than those regularly prescribed. Nonteaching certificated personnel may be assigned by the principal to classroom service. Failure to accept or serve in such an assignment will be considered a violation of Board rules/regulations and therefore may result in disciplinary action.
Loss of Fringe Benefits and Payroll Deductions
Any employee withholding services may be subject to the loss of payroll deduction and fringe benefit privileges.
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.
Possession of District Property
During a period of actual or threatened withholding of services, no employee shall remove from 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 principal. Violation of this policy may result in the initiation of dismissal procedures or other appropriate disciplinary action.
Legal Services
Pursuant to Education Code 35204 and 35205, the Superintendent or designee may employ a private attorney to advise the Governing Board on matters relating to the threatened or actual withholding of services.
Operations of School Facilities
The Superintendent or designee may adjust school instructional times or close any school or district facility. A facility shall be closed when the Superintendent or designee determines that deleterious conditions exist for children or staff.
WOODLAKE UNION SCHOOL DISTRICT
Regulation WOODLAKE UNION HIGH SCHOOL DISTRICT
approved: April 15, 1998 Woodlake, California