14-4. Special Leave Benefits for Victims of Violence

14-4.1. Compensation and Medical Benefits. 

Subject to the credit below, bargaining unit employees whose absences result from a school-related assault or battery that arise out of and in the course of employment shall be paid full salary and medical care expenses by the BOARD for the time of their total temporary disability, and no deductions shall be made from accumulated sick days. The Board will pay all medical care that is reasonably necessary to cure or relieve the bargaining unit employee from the effects of the injury.

Assault refers to the act of creating an apprehension or fear of imminent harmful or offensive contact, even if no actual contact occurs. Battery involves the actual physical act of causing contact that is harmful or offensive.

14-4.2. Coordination with Workers’ Compensation Benefits. 

There shall be coordination of salary payable hereunder with any sums payable under the Workers’ Compensation Act for temporary total incapacity for work in that, in calculating the amount due to an employee under this Section, the BOARD shall be entitled to and shall take credit for any sum payable under the Workers’ Compensation Act for temporary total disability. The credit hereunder is to be limited to temporary total disability only.

14-4.3. Reporting of Cases of Assault or Battery. 

Bargaining unit employees shall immediately or as soon as they are able report to the school principal all cases of assault or battery in which they are involved while acting in the course of their employment.

14-4.4. Responsibility to Supply Information and Cooperate in Legal Action. 

Each bargaining unit employee shall be responsible for supplying any available information concerning a school-related assault or battery and shall cooperate in any subsequent legal action concerning said incident. The bargaining unit employee shall provide medical information necessary to determine the employee’s medical status and fitness to work.

14-4.5. Release, Restorative Practice/Safety Plan, Reassignment Pool. 

Bargaining unit employees who are injured as a result of a school-related assault or battery shall be immediately released from duty to seek first aid or medical attention following the incident and may take up to 3 sick leave days to seek counseling or medical support in order to assess the extent of their injuries. If the injury is ultimately covered under Workers’ Compensation, the bargaining unit employee will have the sick leave days used for this purpose credited back to their account.

The principal shall establish a restorative practice and or safety plan when a bargaining unit employee returns from an absence resulting from a school-related assault or battery.

In cases of severe assault, the victim may report to the reassignment pool and not return to the school site where assault took place.