A Few of Your Rights
In Brief

Right to Remove Documents From Your Personnel File:

You have the right to submit a written request after a period of three years and one day have elapsed since the issuance of a written reprimand — as long as within the time granted for improvement you have met the expected standard(s) and have received no subsequent reprimand(s) for the same or related matter(s) — asking that the reprimand be removed from your personnel file.

You also have the right to submit a written request after three years and one day have elapsed since the issuance of any written report, comment, or other disciplinary document — excluding evaluations — asking that such document be removed from your personnel file.

You will find a copy of a suggested letter you can use here. If you have questions, please call ESEA at 794-2537

Weingarten Rights:

If you are called to a meeting you believe may result in discipline, you have the right to request an ESEA representative.

If an ESEA representative is not present, you should not be questioned, and if you are questioned, you have the right to refuse to answer any questions.

Your ESEA representative has the right to fully participate in the meeting.

Right to Sick Leave:

You have the right to 15 sick leave days per year.

You may use sick leave because of personal illness or accident or because of illness or accident in your immediate family or for visits to a doctor.

No supervisor or administrator has the right to deny you the use of a sick leave day. However, the District does have the right to review usage.

Right to Respond:

You have the right to respond to any document placed in your personnel file, and you may request that response be drafted by your UniServ Director.

ESEA > BENEFITS > PROTECTING EMPLOYEE RIGHTS

The School District has the right to meet with you concerning your performance. You have a right to a union representative. The first thing you should do is contact ESEA so that a representative will attend the meeting.

You should state to the site administrator the following: “If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my Association Representative be present at this meeting.” This statement invokes your Weingarten Rights. The EMRB ruled that once you invoke your Weingarten Rights, you cannot be asked any questions without a representative present. The EMRB stated that “any attempt by the employer to force the employee to answer questions or intimidate the employee will taint the session.”

As stated above, you can not be asked questions once you invoke your Weingarten Rights. Further, the EMRB ruled that “if there are no representatives available, the employer must make all reasonable efforts to accommodate the scheduling conflict.” In other words, if we are unable to provide a representative because no one is available, the site administrator must make a reasonable effort to reschedule the meeting to a time when a representative is available.

Your Weingarten Rights are a very important way to protect your employment. If you receive notice of a meeting, contact ESEA immediately. If you are called into a meeting and a representative is not present, invoke your Weingarten Rights and do not answer any questions. Again, contact ESEA immediately. You have rights and ESEA is here to protect those rights.

Yes, however the employer has the right to be sure that you are sick when you take a sick leave day. Sick leave days are not additional vacation days. Article 11-1 of our contract also states that the “District has a right to make any inquiries that would be applicable when abuse of sick leave is suspected.”

In addition, Article 11-3 states that upon request of the “Appropriate Administrator,” an employee who is out for four consecutive scheduled work days shall submit a verification of illness or a release to return to work. Also, there is some new contract language in Article 11-4, which concerns “extensive” use of sick leave. “Extensive” use of sick leave now means in excess of six incidents of sick leave during the school year. If your use of sick leave during a school year is extensive, the District may conduct a review of your use of sick leave. This review will require the employee to provide an explanation of the use of sick leave.

No, there is no requirement that you visit a doctor every time you take a sick leave day. However, it is suggested that you keep a log of your use of sick leave. The log should include the purpose of the leave usage (your illness, that of a family member or a doctor’s appointment for you or a family member) and reason of the leave usage (the type of illness). If you go to a doctor, keep records of the visit, such as a doctor’s note, receipt for your co-payment or explanation of benefits (E.O.B.) from your insurance company.

If you can not demonstrate that the use of sick leave was appropriate, the District has the right to convert the paid sick leave days to unpaid sick leave days. In that event, your pay will be docked for each unpaid day and the days will be returned to your sick leave balance. In addition, if the District determines that you have abused sick leave (for example, you are found in a casino on a day when you called in sick), you could be subject to disciplinary action.

First, as suggested above, keep a log. Second, if you receive notice that your use of sick leave is extensive and you must provide information on your use of sick leave, contact ESEA immediately. ESEA will assist you and represent you in any meetings concerning your use. Third, even if the District decides to convert your use of sick leave to unpaid leave and dock your pay, they must inform you in writing and you have seven school days to appeal that decision and ESEA can take the matter to arbitration. Again, contact ESEA immediately so we can assist you with your appeal.

Paid sick leave is a very important benefit. You have the right to use it because of personal illness or accident or because of illness or accident of your immediate family or for visits to a doctor. No supervisor or administrator has the right to deny you the use of a sick leave day. However, the District does have the right to review usage. If you have any questions about sick leave or are contacted by the District concerning your use of sick leave, contact ESEA at 794-2537.