Your Rights & Responsibilities
The FMLA applies to all states and local governments, including school districts. Under the FMLA, qualifying employees are guaranteed up to 12 weeks of unpaid leave each year if any of the following or any combination of the following occur:
1. An employee or the employee’s spouse gives birth to a child and the employee wants to care for that child.
2. An employee adopts a child or fosters a child in the employee’s home.
3. The employee or his/her immediate family has a “serious health condition.” • Defined as an illness, injury, impairment, or physical or mental condition involving inpatient or continuing care from health care provider. The FMLA establishes the minimum amount of leave that must be granted. Qualifying FMLA leaves must be granted. If possible, notify the district at least 30 days prior to the date the leave begins. There is no requirement that all leaves (up to 12 weeks) must be taken at once. In fact they may be part-time, reduced-week, or intermittent.
A set of standards and indicators reflecting what teachers and administrators need to know and be able to do to support student mastery of more rigorous Nevada content standards. A much needed shift in teaching and leading practices for Nevada educators. A system of accountability built on educator inputs and student outcomes A system of support to empower Nevada educators to succeed.
Classroom teachers who work 184 days per school year have a regular workday of 7 hours and 11 minutes, which includes the duty-free lunch period. Start and departure times for each school site are set by the principal. Except in emergencies, the Principal must seek the advice from TAC regarding changing the daily schedule, start, and end times. All classroom teachers must receive a 30 minute duty-free lunch period. Lunch periods cannot be interrupted, except in an emergency. Any teacher required to travel during the regular workday will count travel time as part of the workday
A voluntary transfer is any transfer that is initiated when a teacher submits a Request for Transfer Form, and the receiving Principal and the HR division approve the request. Teachers may obtain only one voluntary transfer during each school year, except in extenuating circumstances. Teachers may submit a Request for Transfer form starting April after the first vacancy report has been distributed until June 30th . A teacher who has been unsuccessful at pursuing a transfer for 2 or more years may seek assistance in obtaining a transfer by requesting a conference with a personnel administrator. Every effort will be made by the district to secure the transfer for those teachers who have completed 5 years with the district in the same location and/or instructional assignment. Vacancy notices listing positions available will be listed at least once every 7 calendar days during the voluntary transfer period (April-June 30th). No vacancy may be filled until 3 school days after the notice listing the position has been issued. Once a position is filled, it will be noted on the next vacancy notice.
Law provides that every teacher and Principal has the authority to maintain order and discipline among students, and students that do not comply with reasonable rules may be recommended for disciplinary Actions. Principals must establish a progressive discipline plan. It is the Principal’s responsibility to take action where necessary to protect student and teachers from dangerous or socially detrimental actions of students. What constitutes dangerous or socially detrimental behavior?
1. Assault or Battery on a School Employee:
Threatening or intentionally causing, or attempting to cause physical injury or intentionally behaving in such a way, that the student could cause injury to a school employee, that would cause a reasonable person to feel fearful of immediate harm.
2. Verbal Abuse, Intimidation, or Cyber-bullying:
No harassing, vulgar, or derogatory remarks towards anyone.
3. Racial or Sexual harassment
4. Physical Abuse
NLRB v. Weingarten, Inc. (1975), the US Supreme Court declared that employees protected by the National Labor Relations Act have the right to assistance from the Association Representative during “investigatory interviews.” EMRB has adopted the same reasoning to apply to employees of local government, including school districts.
Weingarten Rights address the right of members to have union representation during an investigatory interview. An Investigatory Interview occurs when a supervisor questions a member to obtain information that could be used as a basis for discipline or asks a member to defend his/her conduct. If a member has a reasonable belief that discipline or other adverse consequences may result from what he/she says, the member has a right to union representation.
If you are a CCEA member and have reason to believe that a meeting with your administrator will result in discipline, you have the right to have a union representative at that meeting.
No employee can be discriminated against in any employment practice on the basis of race, color, sex, age, religion, or religious creed, national origin, sexual orientation, gender identity or expression, ancestry, or disability. This extends to recruiting and hiring, working conditions, training, promotion, and terms and conditions of employment. 1. Unlawful discrimination, harassment, and sexual harassment are not tolerated. 2. The District and administration are not allowed to retaliate against any person who has filed a complaint, testified, assisted or participated in any manner in an investigation, proceeding, or hearing. 3. It is unlawful to discriminate against a CCEA member because of their membership in, or support of the union.
What constitutes unlawful harassment depends on all of the circumstances of the particular case, including the length of time, parties to the case, and the circumstances surrounding the acts.
Examples of conduct that may constitute harassment depending on the circumstances include, but are not limited to:
Slurs, epithets, derogatory or degrading comments, threats, or verbal abuse;
Offensive and unwelcome posters, drawings, pictures, or gestures;
Offensive and unwelcome jokes, stories, rumors, or teasing; and
Any physical, verbal, or visual conduct that has the purpose or effect of unreasonably interfering with the individual’s work performance or creating an intimidating, hostile, or offensive work environment.
Giving harsh critiques and telling sthey need improvement in specific areas of performance, even if repetitive, alone does not constitute harassment.
Frequent observations alone do not constitute harassment.
Note that a case for harassment depends on the specific facts and circumstances of that case, so discussing them with your UniServ Director to further investigate will be necessary to make a determination
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute unlawful sexual harassment when:
Submission to such a conduct is made either explicitly or implicitly a term or condition of an individual’s employment, continued employment, performance evaluation, or good standing.
Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating intimidating, hostile, or offensive work environment.
Examples of conduct that may, depending on the circumstances, constitute unlawful sexual harassment include, but are not limited to:
Sexual assault, coerced sexual acts, any actual or attempted unwanted physical touching; Sexual propositions, pressure for sex, or insistent and unwelcome invitations for dates;
Slurs, epithets, derogatory or degrading comments, sexual innuendoes or remarks, threats, or verbal abuse of a sexual nature; Offensive and unwelcome posters, drawings, pictures, or gestures;
Offensive and unwelcome jokes, stories, rumors, teasing; and
ANY other physical, verbal, or visual conduct that is related to the individual’s sex
The victim does not have to be the person to whom the unwelcome conduct is directed. It can also be co-workers where the offensive conduct creates an intimidating, hostile, or offensive working environment for co-workers that unreasonably interferes with their work performance.
Internal Reporting Procedures: If an employee feels they have been victimized as a result of discrimination, or harassment, they may make a verbal or written complaint to the Diversity and Affirmative Action Executive Manager. The complaint should be made within a reasonable time following the occurrence of the unlawful conduct.
Complaint should include the following: Detailed description of the events in question and dates of the occurrences;
Names of the individuals involved, including responsible parties and witnesses, if any; Specific unlawful acts;
Desired resolution; Complainant should sign and date all written complaints.
The complaint is then internally investigated and the following will be accomplished: Conduct an investigation
Make a determination, in whole or in part, justified or unjustified. Submit a written report of the findings as well as a recommendation for resolution.
All investigation reports as well as information gathered in the course of the investigation will remain confidential. US Equal Employment Opportunity Commission:
The EEOC is responsible for enforcing federal laws that make it illegal to discriminate against employee. The laws apply to all types of work situations including harassment.
Employees may file a charge against the district with the EEOC if they feel the internal procedure is futile.
Title VII of the Civil Rights Act of 1964 authorizes the attorney general to institute suits to protect constitutional rights in public facilities and public education to prevent discrimination. Information on filing can be found at www.eeoc.gov
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