LATEST UPDATES from the san Leandro Teachers association
Know Your Rights
Quick Bargaining Update: Your Association has been working hard to reach a settlement with the district to protect students, employees, and our community during these trying times. We haven’t yet reached an agreement but will continue to work diligently until we do.
In the meantime, we feel it is important that you know your rights under our current contract, state, and federal law regarding taking a leave of absence or asserting other legal rights in order to protect you, your family, and our school community.
For specific legal citations and additional information, please review this document created by the California Teachers Association’s Legal Department.
1. MY RIGHTS IF I’m worried that I’m at increased risk of serious complications if I get COVID-19 because of an underlying medical condition.Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA) - Requires the employer (including school districts, county offices of education, community colleges, and charter schools) to provide “reasonable accommodations” to persons with qualifying disabilities. If you believe your underlying medical condition may require a reasonable accommodation, start by informing your employer. Reasonable accommodations may include distance learning/working from home. Your employer cannot retaliate against you for making this request. You will likely go through an “interactive” process where you are allowed a union representative. Contact SLTA President Tom Morse for more information on how to secure union representation.
2. MY RIGHTS IF I’m worried that I’m at increased risk of serious complications if I get COVID-19 because I’m over the age of 65.Please note that the Californian Department of Public Health and Cal OSHA COVID-19 INDUSTRY GUIDANCE: Schools and School-Based Programs states that school districts should “support staff who are at higher risk for severe illness…by providing options such as telework, where appropriate, or teaching in a virtual learning independent study context.” Though this is not specifically a leave entitlement under the law, you should raise this with the district when advocating for a more generous application of leave provisions or, if you have a disability, for better accommodations under ADA and FEHA. Click here to read the latest guidance.
4. MY RIGHTS IF I’ve tested positive for COVID-19.Depending on how long you need to be out of work due to your illness, the leaves discussed below will generally be available. Leaves that “may” apply are noted.
6. MY RIGHTS IF I’ve been quarantined by a federal, state, or local official.The leaves discussed below will generally be available. Leaves that “may” apply are noted.
If you believe you may have COVID, you should contact your doctor and/or get tested immediately. Once under a doctor’s care and your potential exposure has been verified, you will very likely be quarantined. Read item 5 above for available leave options.
If you can’t get an appointment to see a doctor or get tested prior to reporting to work, call your site administrator to explain the situation. The district will likely require you to take sick leave until you have been tested or seen your doctor. If quarantined or positive, the leaves available in item 4 above will apply and you should ask that your sick leave be reinstated retroactively, if applicable.
8. MY RIGHTS IF I’m caring for a family member who has tested positive for COVID.The leaves discussed below will generally be available. Leaves that “may” apply are noted.
9. MY RIGHTS IF my child’s school or place of care has been closed due to COVID-19.The leaves discussed below will generally be available. Leaves that “may” apply are noted.
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