FOP Agreement

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This Agreement is entered into by and between the Board of Trustees of Community College District No. 502, Counties of Cook, DuPage and Will, also known as the College of DuPage, hereinafter referred to as the “Board” or the “College” or the “Employer” and the Illinois Fraternal Order of Police Labor Council, hereinafter referred to as the “Union,” as the exclusive collective bargaining agent for the employees in the bargaining unit as defined herein, having been designated collective bargaining agent for all regular, full-time Sergeants, Patrol Officers, Community Service Officers and Dispatchers.

It is the intent and purpose of this Agreement to set forth the parties’ entire agreement with respect to wage, hours of employment and other conditions of employment that will be in effect during the term of this Agreement for employees covered by this Agreement; to establish practices and procedures for a fair and orderly way of conducting certain relations between the parties; to prevent interruptions of work and interference with the operations of the Employer; to encourage and improve efficiency and productivity; and to provide procedures for the prompt and peaceful adjustment of grievances as provided herein. The Union recognizes that this Agreement shall in no way restrict the right and obligation of this governmental body or its elected public officials to perform their duties and obligation as required by law. Likewise the Employer recognizes that this Agreement shall in no way restrict the rights of the union in the performance of its duties and obligations as required by law.

ARTICLE I – RECOGNITION

The Board recognizes the Union as the sole and exclusive bargaining agent for all regular full-time Public Safety Department Sergeants, Patrol Officers, Community Service Officers and Dispatchers. Excluded from this bargaining unit are the Public Safety Director, Chief, Supervisor, Lieutenant, and all other employees including but not limited to part-time, temporary, students, and supervisory, managerial, confidential, and short-term employees as defined by the Illinois Educational Labor Relations Act. As used herein, the terms “Public Safety Department Employee” or “Employee” shall refer to those persons included in the bargaining unit described above.

ARTICLE II – MANAGEMENT RIGHTS

All of the functions of the management and operation of the College, and the direction of its work force, which are not limited by the express written provisions of this Agreement, applicable laws, statutes or ordinances, are exclusively vested in and retained by the College, including but not limited to the following:

ARTICLE III – NO STRIKE, NO LOCKOUT

During the term of this Agreement, or any extension thereof, neither the Union nor any officers, agents or employees will engage in, induce, call, authorize, support, promote, condone or participate in any strike, work stoppage, intentional withholding of services, illegal picketing, slow-down, sit-in, “blue-flu”, or “ticket blitz”, or other unlawful acts or actions having the effect of or exhibiting a refusal to work at any time for any reason. The Employer may discipline any and all employees, who violate any of the above provisions of this Section. In addition, in the event of a violation of this Section the Union agrees to inform its members of their obligations under this Agreement and to direct them to return to work.

During the term of this Agreement, the Employer will not “lockout” any employees covered by the terms of this Agreement as a result of a labor dispute with the Union.

ARTICLE IV – UNION- BOARD RELATIONS

A separate bulletin board of reasonable size, labeled “Public Safety Department Employees,” shall be available in an area to be agreed upon by the parties. Such bulletin board shall be available for the posting of notices and materials relating to Union activities. Such materials shall be identified with the name of the Union and shall be signed by an appropriate officer thereof. Such materials shall not be derogatory of the College or any person associated with the College and shall not include items, which are primarily endorsements of candidates for political office (other than offices of the Union).

The College shall deduct Union Dues from the salary of each Public Safety Department employee covered by this Agreement in amounts as determined by the Union, and shall promptly transmit such funds to the Union provided the deduction is authorized in writing by the member. Such deduction shall be made no later than 30 calendar days following receipt of the appropriate Union authorization by the designated College office.

When the College makes such deductions for Union Dues and remits these funds to the Union, the Union shall indemnify, hold harmless and defend the Board and the College, its members, agents and employees in any action, complaint or suit or other proceeding which may be brought under this article.

The Union shall be notified of the hiring of all new Public Safety Department employees whose job classifications are covered by this Agreement within 30 calendar days of the date of such hiring.

The Union may utilize College meeting room facilities to meet with employees covered under this Agreement during non-working hours, provided the Union shall promptly reimburse the College for the facilities usage charge as normally required by the College. Such use shall not interfere with any activity or function of the College. The Union will advise the Chief or his designee of the date and time that such meetings are to take place.

The Union shall provide the Employer with a written designation of Local Union Officers for the bargaining unit, and shall keep the written designation current.

A local Union officer shall be given reasonable release time with pay, if on duty, to attend grievance Step 1 through 4 meetings.

A representative of the Union shall have reasonable access to designated areas of the Public Safety Department premises during normal College working hours with advance notice to the Chief. Such access shall be for the administration of this Agreement. The Union agrees that such activities shall not interfere with the normal work duties of the employees or interfere with the confidential operation of the Department. The Employer reserves the right to designate the accessible areas as provided herein.

It is the purpose of this Grievance and Arbitration Procedure to resolve as promptly, as expeditiously and as fairly as possible any allegations made by an employee or a group of employees or the Union of a misinterpretation or misapplication of any of the written provisions of this Agreement.

The party asserting a grievance may attempt to resolve the problem through informal communication with the immediate supervisor. The parties may agree to bypass any step of the grievance procedure.

Step 1. If the informal process with the immediate supervisor fails to resolve the problem, the grievant(s) or the Union or both may formally present the grievance in writing to the department supervisor who will arrange for a meeting to be held within 10 working days to review the grievance. The formal written grievance shall clearly identify all provisions of this Agreement, which are alleged to have been violated, and describe the remedy which is being sought. The filing of the formal written grievance at this step shall be within 10 working days of the date of the occurrence giving rise to the grievance, or within ten (10) working days of when the employee or the Union, through the use of reasonable diligence, should reasonably have known of the occurrence of the event giving rise to the grievance. The supervisor shall provide a written answer to the grievant with a copy to the Union within 10 working days of the meeting. The answer shall include the reasons for the decision.

Step 2. If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Chief of Public Safety by filing the grievance in writing within 10 working days of receipt of the answer from Step 1 or, if no answer is received, within 10 working days of the time that the answer was due. The Chief will arrange for a meeting to be held within 10 working days of such referral to review the grievance. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within 10 working days of the meeting provided for in this paragraph.

Step 3. If the grievance is not satisfactorily resolved at the preceding step, the grievant(s) or the Union or both may refer it to the Vice President for Administrative Affairs, or designee, by filing the same in writing within 10 working days of receipt of the answer from the Chief or, if no answer is received, within 10 working days of the time that the answer was due. The Vice President or designee will arrange for a meeting to be held within 15 working days of such referral to review the grievance. The Union shall have the right to include in its presentation such witnesses and materials as it deems necessary to develop facts pertinent to the grievance. A written answer, including reason(s), shall be provided to the grievant(s) with a copy to the Union within 10 working days of the meeting provided for in this paragraph.

If the grievance arises from a decision or action at the Vice President’s level, the grievance may be initiated at Step 3, provided it is filed within the time limit prescribed in Step 1.

Step 4. If the grievance is not satisfactorily resolved at the Vice President’s level, the Union may submit it to binding arbitration provided written notice indicating the Union’s intention is filed with the Vice President for Administrative Affairs or his designee within 15 working days of the answer at the Vice President’s level or, if no answer is received, within 15 working days of the time that the answer was due. The Union shall promptly request the Federal Mediation and Conciliation Service (FMCS) to provide a panel of qualified Arbitrators from which the parties may make a selection pursuant to the normal practices and procedures of the FMCS.

The Arbitrator, in rendering his/her decision, shall not amend, modify, nullify, ignore, or add to or subtract from any of the provisions of this Agreement. The Arbitrator shall consider and decide only the question of whether there has been a violation, misinterpretation or misapplication of the express provisions of this Agreement. The Arbitrator shall be empowered to determine the issue raised by the grievance as submitted by the grievant(s) or the Union in writing at Step 2. The Arbitrator shall be without power to make any decision or award, which is contrary to, or inconsistent with, in any way, with applicable federal or state laws, rules and regulations. The Arbitrator shall not in any way limit or interfere with the powers duties and responsibilities of the Employer under law or applicable court decisions. The Arbitrator is empowered to include in his/her award such remedies as shall be within his/her lawful authority, including the restoration of employment. The Arbitrator in such cases shall reduce any back pay award by any amount earned by the employee during the period he/she was not working and by any Unemployment Compensation payments received during such period. Any and all adjustments resulting from the use of this procedure must be consistent with the terms of the agreement. The Arbitrator’s decision shall be final and binding on the parties.

The fees and expenses of the Arbitrator shall be shared equally by the College and the Union. The parties likewise shall share the expenses of any transcript(s), which they may jointly request, but all other expenses, which may be incurred by either party, shall be borne by that party.

6.1 Discipline for Just Cause

The College shall not discipline or discharge any post-probationary employee without just cause.

6.2 Levels of Discipline

The Employer agrees with the tenets of progressive and corrective discipline, where appropriate. The levels of discipline may include the following actions:

6.3 Pre-disciplinary Meeting

Prior to imposing discipline of the level of a suspension or greater, the Employer shall meet with the Employee and advise the Employee, in writing, of the nature of the discipline to be imposed. At that meeting, the Employee may present a rebuttal to the proposed discipline. At that meeting, the Employee may request the presence of a Union representative to advise the Employee.

6.4 Notice of Discipline

Except in the case of an oral warning, the Employer shall provide the Employee with a written notice of the discipline imposed and the reasons therefore.

6.5 Suspension Pending Investigation

In addition to the actions under Section 6.2 the Employer may suspend an Employee, with or without pay, for a period not to exceed 30 days, pending an investigation and decision as to whether to impose discipline or to discharge the Employee. A suspension pending investigation shall not be considered to be a disciplinary action. If the Employee is not discharged, or if the Employee receives discipline less severe than the unpaid suspension time served pending the outcome of the investigation, the Employee shall be reimbursed for any resulting difference, in base pay, between the loss of pay for the unpaid suspension period and the actual discipline imposed.

6.6 Application of the Grievance Procedure

Discipline and discharge shall be subject to the grievance procedure of Article V, except that oral warnings and written reprimands shall not be subject to the arbitration provisions thereof.

Seniority shall be defined as the length of continuous service accrued as a full-time employee of the College’s Public Safety Department. However, for purposes that are germane to certain specific job classifications but do not apply to all Public Safety Department employees, seniority shall be computed on a job classification basis. For employees who transfer into the Public Safety Department from some other College department, eligibility for College retirement and vacation benefits shall be computed from such employee’s earliest date of continuous full-time employment with the College. In the event that more than one employee covered by this Agreement shall have the same date of hire, seniority of the employees involved shall be established by lot.

Seniority shall be used only where specifically provided in the Agreement. Seniority shall not accrue during any unpaid leave of absence or unpaid suspension, which exceeds thirty (30) days.

The College agrees to prepare a dated Seniority List on an annual basis, not later than December 31st of each year, and to provide the Union with a copy of such list, which the Union shall then post on its Union bulletin board. The Seniority List shall indicate both department-wide seniority as well as job classification seniority for each employee. In the event of errors or disputes over names or dates appearing on the Seniority List, the Union will call these matters to the attention of the Chief as they arise. As new Public Safety Department employees are hired or as others leave the employ of the College, their names shall be added to or removed from the Seniority List not later than 30 days from the dates of such changes. The College agrees to provide the Union with such updated dated Seniority Lists as they become available. If the seniority placement of an employee is not challenged within 30 days after the date of the annual or a revised seniority list, the Employee shall waive their right to challenge their seniority placement.

All newly-hired Public Safety Department employees shall be considered probationary employees until they successfully complete a probationary period as follows:

During the probationary period, an Employee is subject to discipline and discharge, without cause and with no recourse to the grievance procedure. It is further agreed that probationary employees shall be entitled to all other rights, privileges, and benefits conferred by this agreement except as previously stated. Upon satisfactory completion of the probationary period, the Employee will become a regular employee of the College entitled to all the protections and benefits of this Agreement.

Seniority and the employment relationship shall be terminated in the event of any of the following:

If the College determines that a reduction in force is necessary, resulting in a decrease in the number of employees covered by this agreement, the decrease shall be based on a variety of factors as determined by the College. Such factors shall include, but not be limited to, seniority, job performance, skill, ability, experience, subcontracting and the needs of the College.

If the College determines to fill the affected positions within 12 months of the date of the reduction in force, these positions shall first be offered to those employees who were laid off from the positions. A written notice of recall shall be sent to the Employee via U.S. mail to the Employee’s address on file with the College. Delivery of the notice shall be presumed to occur three (3) days after placement of the notice in the mail by the College. The Employee shall have 10 days from the presumed delivery of the notice to respond to the notice and report to work. An Employee, who fails to respond and report within the required period, shall lose all rights for reinstatement.

ARTICLE VIII – HOURS OF WORK

This Article is intended to define the normal hours of work and shall not be construed as a guarantee of a maximum or minimum daily or weekly work schedule. The College agrees that prior to making any change in the normal work day as provided in Section 8.2, it shall provide the Union with 30 days notice and shall negotiate and agree over the impact of the changes before such changes are implemented.

The normal work day for employees, other than part-time employees, shall be as follows:

All overtime must be approved by the Chief of Public Safety or his designee. Hours considered worked in determining overtime compensation shall include paid holiday time, approved vacation time, floating holiday and absence to attend approved professional meetings or training.

An employee who is required to make a court appearance related directly to their duties at the College outside their normal hours of work shall be paid for the hours worked, but at least a minimum of two hours at the appropriate straight time rate or overtime rate, depending on the Employee’s accumulated total paid straight time hours worked in the work period.

An employee who is called back to work outside his/her regularly scheduled shift after leaving the premises shall be paid for the hours worked, but at least a minimum of two hours at the appropriate straight time rate or overtime rate, depending on the Employee’s accumulated total paid straight time hours worked in the work period.

Compensation shall not be paid nor compensatory time taken more than once for the same hours under any provision of the Agreement.

In the event that the Employer declares the College to be closed for a short-term emergency and the majority of the Union employees are released from duty or notified not to report for duty during the declared emergency period, bargaining unit employees shall be compensated at the rate of time and one-half (1 ½ ) for all time required to be worked during the declared emergency period.

Employees wishing to engage in off-duty secondary employment may do so subject to the written approval of the Chief of Police. Said written approval shall not be unreasonably withheld so long as the Employee complies with the provisions of this section. Employees should request permission from the Chief of Police in writing and include:

Secondary employment shall not constitute a violation of law, or otherwise interfere with the Employee’s performance or duties, including but not limited to, special scheduling, filling overtime slots and/or availability to report for work. Secondary employment shall not interfere with the best interest of the Department, including but not limited to creating an unfavorable public impression of the employee or College of DuPage Public Safety Police Department.

Secondary employment will be limited to no more than 20 hours per week, except that an employee who takes a full work week of vacation from the College, may for that week, exceed the 20 hour per week limitation.

Secondary employment as a police officer, marshal, auxiliary officer or deputy sheriff, or any other law enforcement position, will be permitted if the governing board/commission of the hiring department indemnifies, in a written form acceptable to the College, the College of DuPage, its Board Members, officers, agents, attorneys and assigns, both in their individual and official capacities, and the Board’s insurers from any and all actions, causes of action, claims, demands, damages, judgments, whatsoever, including costs, and attorney’s fees, that may be commenced against the College based on actions of the employee during secondary employment.

If approved secondary employment becomes in non-compliance with these provisions, the Chief of Police has the authority to rescind approval to work the secondary employment.

All vacation requests are subject to manpower constraints and the authorization of the Chief. The Chief, to meet emergencies, may order an Employee to forego or cancel all or part of a vacation. The Employee will be allowed a non-conflicting vacation period scheduled by the mutual agreement of the Employee and the Chief.

The Union shall have the opportunity to provide input to the Chief on the selection of shifts; however, shift assignments shall be made in the sole discretion of the Chief or his designee.

Employees shall be paid at one and one-half times their base rate of pay for all time worked on special duty pay-back events. Special duty pay-back events are events in which the College is reimbursed for the employee’s costs by a third party.

ARTICLE IX – BENEFITS-PAID TIME OFF

Except as otherwise provided herein, the provisions of the Classified Employee Guidebook which relate to the benefits listed herein, as said provisions existed on June 30, 2004, are hereby incorporated into this agreement. For purposes of this article, bargaining unit employees are benefited employees.

9B Paid Holidays

9C Paid Health Leave

New employees receive (8 days) Health Leave for the first six months of employment. An additional 8 days become available after six months. Eight hours (one day) can be donated to the Health Leave Bank, if the employee so desires, leaving 120 hours (15 days) available for personal use. Each subsequent year the employee is credited with 16 eight hour days of Health Leave at the beginning of the fiscal year (July 1). Carry over of unused health leave accumulation will be allowed up to a maximum of 300 days in addition to the 16 day entitlement for the current year, not to exceed 316 days at any point in time.

Health Leave is to be taken only when the employee is sick and unable to work, or for treatment by a health care practitioner. In the case of treatment by a health care practitioner, the total of allowable paid sick time will not exceed 2 hours per incidence. Leave for a sick family member is considered vacation time.

Paid Health Leave includes maternity “illness” for up to the period the pregnant employee is medically unable to work, including pregnancies in which medical complications arise. When paid leave expires, non-compensated Family/Medical Leave may be requested (see section on Unpaid Leaves).

A Physician’s Certification of Inability to Work form needs to be submitted to Human Resources for any period of illness in excess of five working days or Health Leave benefits will be suspended. In addition, an employee must bring a Return to Work form filled out by their physician after an extended illness of five days or more or as requested by Human Resources. The College will evaluate the fitness for the return to duty based upon medical evidence. Employees will remain on Health (Sick) Leave until such determination is made. Forms are available in Human Resources.

Upon submission of a letter of retirement (up to 18 months prior to actual retirement) a Union member will reclaim all unused health leave lost due to the 300 day cap. The total unused health leave days will be reported to SURS for retirement annuity purposes.

9D Health Leave Bank

Newly hired benefited employees may join immediately by contributing the prorata annual premium within 30 days of their employment date. Current benefited employees may join between June 1 and June 30 of each year for membership in the succeeding fiscal year. The Health Leave Bank will be available to employees after six months of membership in the bank and after exhaustion of the employee's accumulated health leave or any other paid leave. The Health Leave Bank is not available if other compensation is being received for the absence, i.e. Worker's Compensation, Disability, etc. Employees who terminate employment and return will be treated as a new employee if rehired.

The Health Leave Bank is a voluntary collection of donated health leave hours from benefited employees to other college employees to be used as an extension of paid leave in case of an extended illness or accident. An employee may apply for time from the Health Leave Bank from the Director of Human Resources.

An employee will have a 20 working day waiting period after the onset of the illness or accident before using the health leave bank. The 20 working day waiting period may not be interrupted by more than five days worked unless approved by the Director of Human Resources. A physician's statement is also necessary. In some cases, an employee may have to submit to a physical exam through the Association of Business Health at the college's expense. Should the association disagree with the employee's own doctor, the employee has the right to a third opinion. This does not guarantee use of Health Leave Bank.

Employees may be awarded days on a day-to-day basis but are limited to 60 bank days per calendar year. An employee must return to work for at least six months after using the Health Leave Bank before applying on a new illness. A doctor's note must be presented to Human Resources every 20 working days unless specific dates are given in the original physician's note.

Union employees employed for at least one complete fiscal year may be eligible for up to 16 hours of additional vacation per year.

Employees employed on or before June 30 each year are eligible for extra vacation hours under the following schedule:

HOURS WORKED WEEKLY
	30-34	35-39	40
No Health Leave used	12	14	16
Up to two Health Leave days used	6	7	8

9F Bereavement Leave

Upon employment, union employees may be granted up to three eight hour bereavement days per fiscal year for the death of a family member. Bereavement days are subtracted from health days. Family members include: child, spouse, parent, sibling, step-child, foster child, grandchild, step-parent, parent-in-law, grandparent, brothers- and sisters-in-law (including those of spouse).

If an employee has no remaining Bereavement Leave, the employee may make written petition with rationale, through the appropriate administrator, to the President for up to three additional bereavement days for the death of a family member. These days are subtracted from Health Leave days.

Bereavement days do not count against your absences for the attendance incentives.

9G Jury Duty

All union employees are eligible for pay while on Jury Duty. The benefit is available upon employment.

9H Witness Duty

Upon employment, Union employees will be granted up to two eight hour days Leave with pay per year for witness duty. Additional Leave with pay may be granted upon written request to the appropriate Vice President.

9I Physical Exam for Military

Upon employment, a Union employee shall be granted one eight hours day's Leave with pay for physical examination for induction into military service if requested. The employee will notify his supervisor at least one week prior to his expected Leave for physical examination for military duty. (Board Policy 4334).

9J Military Duty – Reserves

Upon employment, a Union employee, when called to duty, as a member of a reserve unit, e.g., the National Guard, the Air Force Reserve, etc., will be reimbursed the difference between their military pay and the pay which they previously received at the College not to exceed 10 eight hour days per fiscal year. Reimbursement will be issued upon presentation of proper evidence of reserve unit pay to the Director of Human Resources.

9K Workers Compensation

Upon employment, Workers' Compensation provides medical, disability and death benefits for employees injured on the job, within the scope of employment. If an employee receives two weeks or more of disability under Worker's Compensation, the initial three days are paid by the insurance. Otherwise, the first three days of absence are not covered by Workers' Compensation Insurance; employees may use Health Leave for these three days.

An employee who is receiving Workers' Compensation cannot receive any other pay (salary, Health Leave, Vacation, personal time, etc.). However, all other benefits will remain intact while the employee is on Workers' Compensation. Workers' Compensation is considered a Paid Leave. If the employee carries any dependent medical insurance coverage or optional life insurance coverage, these premiums must be paid by the employee directly to the College. (Premiums will be the same as before Workers' Compensation started with the College continuing to pay the same portion. Premiums not paid will be directly deducted from the first paychecks following the employees return to work.

In accordance with SURS, while an employee is collecting Workers' Compensation the employee is not required to contribute to SURS, but continue to receive full service credit.

All injuries incurred on the job must be reported to the Health Services Office or Public Safety within 24 hours of injury or the employee may be subject to disciplinary action up to and including termination of employment.

After five days of absence, the College reserves the right to send the employee to a licensed medical physician chosen and paid for by the College as verification of benefits. Forms are available in the Office of Human Resources.

NOTE: If a Workers' Compensation claim is found to be false, the employee will be disciplined as outlined in the Discipline section of this agreement.

One (8 hour) Wellness Day. A Wellness Day is a paid leave day granted in exchange for the eligible employees' participation in certain wellness activities. Wellness days must be used in the fiscal year following the fiscal year that they are earned. There is no carry-over of a Wellness Day into another fiscal year. In all other aspects the administration of a Wellness Day is the same as single day vacation leave.

Two different activities in this category may be used towards satisfaction of the three required in addition to the Health Power Profile.

ARTICLE X – BENEFITS-UNPAID TIME OFF

Except as otherwise provided herein, the College shall provide the following benefits in accordance with the College’s policies and practices for the majority of benefited Classified employees as they may be amended or discontinued from time to time in the sole discretion of the College. The provisions of the Classified Employee Guidebook which relate to the benefits listed herein, as said provisions may be amended from time to time in the sole discretion of the College, are hereby adopted by reference.

All Union employees who worked at least 1,250 hours during the 12 months preceding the request for Family/Medical Leave.

Leave under reasons #1 or #2 cannot be taken intermittently or on a reduced Leave schedule unless approved in advance, in writing, by the supervisor. Leave under #3 or #4 may be taken intermittently or on a reduced Leave schedule when medically necessary.

Where Family/Medical Leave is taken intermittently or on a reduced Leave schedule, the employee may be required to temporarily transfer to an available alternative position with equivalent pay and benefits.

Employees taking Leave under #1, #2 or #3 are required to exhaust any accrued paid Vacation Leave and floating holidays prior to the leave. Employees taking Leave under #4 are required to exhaust any accrued paid Leave including, health, vacation time, floating holidays or Worker's Compensation benefits prior to the Leave.

Where the necessity for Leave is foreseeable, employees must provide at least 30 days written notice. Where this is impossible, employees must provide as much advance notice as possible.

Where Leave under #3 or #4 is foreseeable for planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as not to unduly disrupt College operations, subject to the approval of the health care provider.

Leave under #3 or #4 must be supported by a certification from an appropriate health care provider, at the employee's expense. The certification must include:

The College reserves the right to require additional certifications or opinions on the Leave, at College expense.

Employees must receive approval from the supervisor for the Leave. Application for extended Leave should be filed by completing a Leave of Absence Request form available in the Office of Human Resources; a record of Family/Medical Leave will be placed in the employee's personnel file.

All benefits may be retained by benefited employees who worked at least 1,250 hours during the 12 months preceding the request for Family/Medical Leave by paying the normal active employee share of the cost for the first 12 weeks of Leave, and the full cost of the benefits (previously paid by the College) thereafter. Payment must begin within 120 days after initiation of the Leave to retain these benefits. If insurance coverage is not continued, coverage will be reinstated upon active return to work.

Contributions to the State Universities Retirement System (SURS) may be made to the SURS Retirement office by the employee to receive service credit, if desired. Paid health and vacation Leave do not accrue for the period during the Leave. There will be no salary increment due to seniority earned while on Leave exceeding three months.

If the leave was requested due to a health problem of the employee, the employee’s physician must complete our "Physician Report-Return to Work Evaluation" and give it to Human Resources prior to reporting to your department. Keep your supervisor apprised of your expected return date so the supervisor may plan accordingly.

When returning to work after a Family/Medical Leave, an effort will be made to place the returning employee in the same or a similar position. If the same or a similar position is not available, the employee may be placed in any position for which the employee is qualified. If such occurs, the employee will be retained in a temporary position at their previous salary; employees so placed are subject to reassignment. If the employee voluntarily requests and receives a reassignment from the temporary position, all rights to a same or similar position as prior to the Leave will end.

FAILURE TO RETURN TO WORK WILL BE DEEMED A RESIGNATION BY THE EMPLOYEE AND ELIMINATES ALL RIGHTS OF RECALL.

Union employees who worked at least 12 months preceding the request for Personal Leave are eligible. Employees who have received a written disciplinary memo, or are under the threat of suspension or termination, are not eligible.

Months of Service	Time Accrued
Less than 12	None
12 (1 year)*	120 calendar days
13	130 calendar days
24 (2 years)	240 calendar days
36 (3 years)	360 calendar days

A Leave may not exceed the time accrued and an employee may not take more than one extended unpaid Leave per calendar year, including Family/Medical Leave or Personal Leave. In exceptional cases, the Director of Human Resources may approve up to one additional unpaid Leave.

Description: With supervisory permission, eligible employees may take Personal Leave not to exceed one year. In no case will an employee be granted a Leave for alternative employment. Employment with the College will cease immediately upon notification that the employee is otherwise employed, (except in the case of reservists called for military duty).

Administration reserves the right to make final timing and scheduling determination as to when the employee may begin and return from such Leaves.

When the necessity for Leave is foreseeable, employees must provide at least 30 days written notice. Where this is impossible, employees must provide as much advance notice as possible.

Employees must receive approval from the supervisor and the appropriate Vice President for the Leave in accordance with College needs. Application for extended Leave should be filed by completing a Leave of Absence Request form available in the Office of Human Resources; a record of Personal Leave will be placed in the employee's personnel file. The College must be notified immediately upon acceptance of other employment.

All benefits may be retained by paying the full cost of benefits (previously paid by the College). Payment must begin within 30 days after initiation of the Leave to retain these benefits.

Contributions to the State Universities Retirement System (SURS) may be made to the SURS Retirement office by the employee to receive service credit, if desired.

When a regular employee returns to duty, the employee is entitled to all personal, health and vacation Leave benefits which were accumulated prior to the Leave. Paid Health and Vacation Leave do not accrue for the period during the Leave. There will be no salary increment due to seniority earned while on Leave exceeding three months. If insurance coverage is not continued during Leave, the employee must reapply for coverage and prove insurability in order to reinstate coverage.

Intent to return to the College from a Leave must be filed in writing at least 60 days prior to termination of the Leave.

When returning to work after a Personal Leave, an effort will be made to place the returning employee in the same or a similar position. If the same or a similar position is not available, the employee may be placed in any position for which the employee is qualified. If such occurs, the employee will be retained in a temporary position at the previous salary; employees so placed will be subject to reassignment. If the employee voluntarily requests and receives a reassignment from the temporary position, all rights to a same or similar position as prior to the Leave will end.

If no position of a similar kind is available within one year of the assignment to a temporary position, the employee will become regular in the temporary position and the salary may not exceed the range maximum for that position.

FAILURE TO RETURN TO WORK WILL BE DEEMED A RESIGNATION BY THE EMPLOYEE AND ELIMINATES ALL RIGHTS OF RECALL.

Upon employment, Union employees are entitled to take up to a total of eight hours of School Visitation Leave during any school year to attend school conferences or classroom activities related to the employee's child IF THE CONFERENCE OR ACTIVITY CANNOT BE SCHEDULED DURING NON-WORK HOURS. No more than four hours of such Leave may be taken on any given day, and no unpaid Leave may be taken by an employee unless the employee has exhausted all accrued Vacation Leave, Compensatory Time and any other available Leave, except Health or Disability Leave.

Employees must provide a written request to their supervisor at least five working days in advance of the proposed Leave (24 hours in advance for emergency situations).

Employees must provide written documentation of the school visitation as provided by the school.

School Visitation Leave is offered without pay. Employees who take School Visitation Leave may choose to make up the time taken, but make-up work is not required.

Upon employment, Union employees are entitled to up to a total of two hours Leave in order to vote in general or special elections, or at any election in which propositions are submitted to a popular vote.

Employees must provide a written request to their supervisor at least 24 hours in advance of the proposed Leave.

Voting Leave is offered without pay. Employee benefits will not be affected during Voting Leave.

Union employees are eligible for partial pay while on Military Duty not to exceed 20 days. The benefit is available upon employment.

Leave without pay for Military Duty will be granted each employee. The employee will present evidence of call to military duty routed through the supervisor to the Director of Human Resources. The college will honor the applicable provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

The employee on Leave for Military Duty must apply for reemployment within 90 days following discharge from service. Failure to apply within the 90 day period will constitute a waiver of right to reemployment.

Upon return to employment, the employee will be placed in the former position or a comparable position, if the employee meets eligibility requirements.

The employee will be reimbursed the difference between their military pay and the pay which they previously received at the College not to exceed 20 days. Reimbursement will be issued upon presentation of proper evidence of reserve unit pay to the Director of Human Resources.

Years of Service	8 Hour Vacation Days/Years

Initial hire to less than 5 years	13
Completion of:
5 years, but less than 10 years	18
10 years, but less than 15 years	23
15-16 years	24
17 years or more	25

THE

BOARD OF TRUSTEES OF COLLEGE OF DUPAGE

AND

ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL

July 1, 2004 through June 30, 2006

PREAMBLE