Friday, December 30, 2016

"Unauthorized Leave" constitutes breach of contract; unauthorized leave includes "refusals to provide service."

I did not revise this one.  Indeed, no one has since August 2009.  

Still, it matters.  As policy stands, "unauthorized leave" constitutes breach of contract, and it includes, among other things, "refusals to provide service."  The policy's language needs to be addressed, but the point is clear, I think.  Insubordination is cause for termination, as it constitutes a failure to report to duty on agreed upon terms--just like leaving town or not being present when presence is required.  If that's the case, then all employees (including the Supt.) must have clear and accurate job descriptions.  

What do you think about this policy and its implications?  Your comments are much appreciated, as always.

Tucson, Arizona

POLICY TITLE:  Unauthorized Leave

Unauthorized leave is defined as non-performance of those duties and responsibilities assigned by the District and its representatives including all duties and responsibilities as defined by statute, rules and regulations of the State Board of Education, policies of the Board and administrative regulations of this school district.  Such unauthorized leave may include but is not limited to refusals to provide service, unauthorized use of sick leave, unauthorized use of other leave benefits, non-attendance at required meetings or failure to perform supervisory functions at school-sponsored activities.

An employee is deemed to be on unauthorized leave at such time and on such occasions as the employee neglects required duties.

Disciplinary Action
Unauthorized leave shall constitute a breach of contract and, therefore, may result in the initiation of dismissal procedures, loss of salary or such disciplinary action as may be deemed appropriate.

Adopted:        September 17, 1985
Revision:       September 9, 2008 (numeric to letter format only)
Readopted:   August 25, 2009 (readopted with no changes)

LEGAL REF.:     

CROSS REF            

Replaces TUSD Policy #  4240

1 comment:

  1. This could well be determined to be anti-union in its discussion. It is a means of avoiding striking but still making it a point to the 1010 crowd that teachers are upset to use sick/personal leave at a moment's notice. Walk carefully here.