Memorandum
Office of Human Resources
Date: October 29, 2009
To: Full-Time Faculty
Division Deans
Instruction and Academic Affairs Office
Professional Development
From: Ms. Diane M. Fiero, Assistant
Superintendent/Vice President, Human Resources
Re: FLEX obligation
We
appreciate that 92% of faculty members consistently complete their FLEX
hour obligation each year. However there are some faculty who have
challenges completing their FLEX obligation. The purpose of this
memo is to address this problem and advise you how the District intends
to handle it.
The FLEX hour
obligation is 41 hours per year. In the past, when faculty members have
not completed their FLEX hour obligation, they have been allowed to use
accrued sick leave or Personal Necessity Leave (PN) time to account for
the shortfall. However this is not an appropriate use of either of these
leaves as set out in the collective bargaining agreement between the
District and COCFA, or the California Education Code. Therefore, this
practice will be discontinued starting in the 2009-2010 year.
Sick leave is
to be used for the employee’s illness or accident. Personal Necessity
may be used for a very restricted list of reasons which has been
negotiated in the current COCFA collective bargaining agreement. [See,
Article 10(B) (4), Personal Necessity Leave] The Agreement permits a
faculty member to use PN only for the following reasons:
a. Accident to
person or property of unit member, or person or property of a member of
the unit member's immediate family.
b. Health or well
being of the unit member's immediate family.
c. Religious
holidays, rites or ceremonies of the unit member's faith.
d. Court
appearance as a litigant or witness under subpoena or official order.
e. Birth of a
child for a unit member who is either a father or grandparent of the
child.
f. The adoption of
a child making it necessary for the unit member to be absent during
regular assigned hours of service.
g. Imminent danger
to the home of the unit member, occasioned by flood, fire, earthquake or
similar serious nature which cannot be disregarded by the unit member.
h. Personal
business (not involving employment or professional duties outside this
contract from which it is intended or usual that income be derived)
which, by its nature, could not be conducted before or after the
teaching day.
FLEX time is
in lieu of instructional time. All faculty members are paid the 41 hours
in advance assuming you will complete your obligation. Starting with the
2009-10 year, any hours that are not completed by the June 30, 2010
deadline will be docked from your October 2010 paycheck. Please note
that docked hours are deducted from your annual STRS service credit.
If you have
questions about this change, please feel free to contact me at
661-362-3424. |