Frequently Asked Questions
EVALUATION
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How do I know how the evaluation process will work?
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I have been given a negative evaluation. What do I know?
DISCIPLINE
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I have received a written reprimand from my principal. The letter is inaccurate. What recourse is available?
INVOLUNTARY TRANSFER
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I have received a notice that I am being involuntarily transferred, what should I do?
VIOLATION OF YOUR CONTRACTUAL RIGHTS
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If my contractual rights have been violated how long do I have to do something
about it?
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If I have a problem or a contract related question, whom should I contact first, the District or TALB?
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Is there any other general advice that members should be aware of regarding their
contract?
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Should I meet with the administration by myself?
LEAVES
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What types of short term leaves are available?
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How do I know which leave is best in a given situation?
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I am pregnant and wish to take time off after the birth of the child. How do I get a leave?
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Can I extend the paid leave?
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When I return from an unpaid leave, may I return to the same school site?
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I am temporarily disabled and unable to work. What should I do?
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How will I be paid during this time?
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The disability is work related. Does this make a difference? 16a. What should I do in this case?
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If I need to see a doctor, whom do I see? Can I see my own doctor?
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I need two days off from school. How can I get them?
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When might it be better to use another form of leave?
ANSWERS:
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Employees to be evaluated shall receive a copy of the procedures within 4 weeks after the beginning of their work year.
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The evaluator will hold a conference to review the written evaluation with the employee at the time of the transmittal of the written evaluation.
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The evaluation shall be reduced to writing and transmitted to the employee no later than 30 calendar days prior to the last school day for K-12 students as identified on the appropriate or year-round school calendar.
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There shall be only 1 final evaluation form per year, which shall become part of an employee’s permanent file.
ARTICLE XIII , SECTION D & H, p. 66-67
TOP / Evaluation
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Write a draft response or rebuttal to the evaluation. This should be done as soon as possible while your memory is fresh. In your response state that you want your response to be attached to your evaluation.
ARTICLE XIII, SECTION H, p. 67
TOP / Evaluation
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First, consult with your Association representative to write a response to the charges. In your response, completely explain your perspective of the situation and refute any inaccuracies in the original letter of reprimand. The two of you should then meet with your manager to ask him/her to remove the incorrect information. If s/he refuses, indicate that you want your response to be attached to the reprimand.
Each employee has the right, by appointment, to review the contents of his/her personnel file. Such appointment will normally be scheduled within 10 working days of the request. The teacher should make a list of the contents of his/her file, date the list and have a witness then sign the list.
TOP / Discipline
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When the manager determines the factors related to an employer initiated transfer necessitated by school, segment, or department enrollment loss, he/she shall ask for a qualified volunteer. Lacking volunteers, the process is as follows: Temporary contracts, Probationary contract, and Tenured Contract.
ARTICLE VIII, SECTION C2, p. 43
TOP / Involuntary Transfer
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1. Informal Resolution – Immediate Supervisor
Grievant shall attempt to resolve his/her claim by an informal conference with his/her manager twenty (20) days after the alleged violation.
2. Step One – Formal – Immediate Supervisor
Within 10 days of the informal conference, should the grievance not be Resolved, the grievant shall present his/her grievance in writing on the District Certificated Unit Grievance Form to his/her site manager. ARTICLE IX, p. 69.
TOP / Contractual Rights
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First, contact your TALB Representative at the site, then your TALB Board Member and finally the Contract Maintenance Specialist at the TALB office.
TOP / Contractual Rights
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Yes, two things. First, the contract is meaningless unless TALB members and their representatives know and enforce its provisions. Learn about your contract rights and insist on them being honored. Second, document everything in writing when an issue arises— memory fades fast.
TOP / Contractual Rights
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No! Always take a representative into meetings that could have an impact on your employment (this is called your “Weingarten rights”). If you agree to attend a meeting and it turns disciplinary, you have the right to request that the meeting be stopped and rescheduled when your TALB representative is present. If the administrator directs you to stay, do so, but do not participate. Inform your TALB representative right away. In case of a criminal charge or possible criminal investigation, you have the right to refuse to meet until you have consulted with your TALB Staff person. TALB recommends you see a lawyer before meeting on possible criminal issues.
TOP / Contractual Rights
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These include sick leave, personal necessity leave, adoption leave and bereavement leave.
ARTICLE VII, SECTION C, p. 32.
TOP / Leaves
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Read your contract (see www.TALB.org). Contact your TALB Rep if you have questions about these leaves. Always contact your Rep or TALB before contacting the district.
ARTICLE VII, p. 29 et seq.
TOP / Leaves
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Maternity leave is complicated. Here is a simplified version of your contractual, state and federal rights.
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A public school educator must use her sick leave first based on an appropriate doctor’s note.
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She may then get up to 100 work days of ½ pay if the doctor determines that she continues to remain disabled. The doctor shall determine, through a note, the amount of time that the employee needs to be on sick ) or disability ) leave. Doctors sometimes write such a note for 2-3 weeks before giving birth, and 6-8 weeks after birth or longer if her individual case warrants it.
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When her disability leave expires she is then guaranteed up to 12 weeks of Family Medical Leave Act to care for her child ( and up to another 12 weeks if she is still on pregnancy disability ). During that leave the district continues paying their share of her health benefits, but she does not receive salary. Please note that if the teacher does not return to teach in the district, she will have to pay the district back for the health benefits the district paid while she was on the Family Medical Leave.
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After the Family Medical Leave expires she can be on unpaid leave for the rest of the year and a second year if the school board so approves it.
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If she has the optional income protection offered by one of CTA vendors, she may get her salary boosted for one year to ¾ pay after 7 days and 50% for a second year depending on the level of benefits currently being offered by the vendor.
ARTICLE VII, SECTION C8, p. 37.
TOP / Leaves
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If it is necessary to extend the leave beyond 6 weeks, the employee shall present the appropriate manager with a statement from her attending physician, which describes her condition and the estimated length of absence. These forms must be delivered to her principal or other manager.
TOP / Leaves
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Any employee returning within the same work year from sick leave, bereavement leave, statutory leave, judicial leave, personal necessity leave, or Family Medical Leave Act (FMLA) shall return to the same position assigned to the commencement of the leave.
ARTICLE VII, SECTION A6A, p. 29
TOP / Leaves
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In order to be excused from work a doctor's note may be required. As long as the doctor certifies you are unable to perform your duties you will remain on leave.
ARTICLE VII, SECTION C, p. 32 et seq.
TOP / Leaves
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Time off due to illness or accident will be charged to sick leave. If and when regular and accumulated sick leave is exhausted you will be placed on half-pay statutory sick leave for up to 100 days following the exhaustion of full pay sick leave.
ARTICLE VII, SECTION C5, p. 35.
TOP / Leaves
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Yes, it does. If you are injured on the job or suffer an occupational illness you are entitled to up to 60 days coverage through Worker's Compensation.
ARTICLE VII, SECTION C7A, p. 36.
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Report your injury or occupational illness to your site manager and contact TALB.
TOP / Leaves
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The District has contracted doctors for Worker's Comp cases. Your site should have a list posted. You may utilize your own doctor for a work-related injury only if you have obtained the appropriate form from the District's Risk Management department and filed it with the district. You should fill this form out immediately.
TOP / Leaves
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Compelling Personal Reasons, as provided for in Article VII, Section 4.a.8, allows you to take 5 days per year. These days may be taken for business or other activity of serious and compelling personal importance that cannot be conducted before or after the workday.
- Upon 24 hours prior notice of the absence to the appropriate manager.
- Upon 48 hours in advance before or immediately after a District calendared holiday. Must provide the job number and the name of the person who has been confirmed to substitute for them.
ARTICLE VII, SECTION 4A8, p. 35.
TOP / Leaves
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Personal Necessity Leave, as provided for in Article VII Section C4 (p. 34), allows the use of sick leave for the specific uses listed. Since Personal Necessity Leave is more limited in scope it should be used before Compelling Personal Reasons, whenever possible. In addition, Bereavement Leave and Imminent Death Leave (Article VII Section C1, p. 32) are available in cases related to your immediate family. Immediate family is defined in Section C.1 of this article. Bereavement Leave is not charged to sick leave.
TOP / Leaves
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