AN ANALYSIS OF A SABBATICAL LEAVE CLAUSE

abbatical leaves originated in higher education but Any teacher who has served in the district are now frequently available to New Jersey public for at least seven years shall be eligible for a school teachers. Sabbatical leave is a negotiable sabbatical leave. Sterm and condition which is not controlled by or statutes or regulations. Therefore, such leaves are the A tenured full-time teacher who has success- result of locally negotiated agreements and are marked fully completed seven consecutive years of by great diversity in the specifics of their provisions. The full-time teaching in the district is eligible to common thread to all sabbatical leaves is the purpose of apply for leave under this article. this provision; thus, your analysis of your contract’s article, or a union proposal to provide this benefit, should begin Both examples establish limitations on eligibility. with an understanding of the purpose of a sabbatical. The second example, in keeping with the district’s goals, A sabbatical leave is an employee benefit which grants restricts eligibility to full-time tenured teachers who have the individual an opportunity to study, travel, or rest while had continuous service in the district, whereas the first on a paid leave of absence from school. A sabbatical leave clause extends the benefit to all teachers, including can also benefit the school district if the leave is designed part-time staff and replacement teachers who may have to provide an opportunity for professional growth, which been employed for a total of seven years to fill vacancies will be shared with students and other staff members, created by leaves but who have not achieved tenure without creating undue hardships for the district. The status. board’s ability to control the leave and to share the benefit Your eligibility requirements will need to reflect your of this provision depends upon the specific provisions board’s goals. However, any changes in your requirements of the clause. will also need to be negotiated with your local union. Your analysis of this provision should be designed Purpose of Leave Will the leave be restricted to certain to identify your district’s ability, under your contract, activities, such as study or travel? The specifics of this to control the grant of sabbatical leaves. The discussion component are essential to the board’s ability to benefit which follows presents an approach to analyzing this from this clause. Contracts provide: clause which is based on the typical components of a Sabbatical leaves may be utilized for the sabbatical clause; each component will be examined to teacher’s personal development through study, determine what elements are necessary for the clause rest or travel. to be beneficial to both the employees and the district. or The examples are offered as illustrations only and do not represent recommended language. Sabbatical leaves are available for study, research, travel, or for any activity which Components will contribute to the teacher’s professional development. Sabbatical leave components describe who, what, or when and how the benefit will be granted. Typically these components include: Such leaves are available for graduate study Eligibility Requirements Which employees are eligible or research in the area of the teacher’s current for this benefit? Generally, sabbaticals are reserved for or potential area of assignment in the district. certificated staff and rarely granted to noncertificated Time on leave cannot be used for any type employees. Usually, a length of service requirement is of employment not approved by the Board of also included. Education. A careful definition of eligibility can assist the Board Contractual definitions of the purpose of sabbaticals to assure that this benefit meets the district’s purpose. restrict the activities which are appropriate reasons for For example, contracts provide: the leave and may reduce the number of applications. Of

SELECTED CONTRACT CLAUSES Sabbatical Leaves 1W03 course, your definition should reflect the activities that plan of their proposed activities during the requested your board is willing to support under this provision. leave; the application information, generally related to the Length of Leave Will the leave be for the full year, half purpose of the leave, may also require a statement of how a year or for a number of summers? this proposed leave will benefit the district. The agreed upon length must represent a balance Most districts require that applications for sabbaticals between the time necessary to accomplish the purpose of be completed by a certain date. To allow you sufficient the leave and the district’s need to provide educational time to budget the leave, your deadline should be tied to continuity. To provide options to both the employee and your budgetary cycle: e.g., ‘‘no later than December 15 the board, many clauses state that the sabbatical can prior to the school year in which the leave is proposed.’’ be for a semester or a full year. Longer sabbaticals are Selection of Applicants and its Deadlines What extremely rare. will determine the receipt of the leave? Will it be on a Rate of Pay Will the employee receive full pay while on first-come, first-served basis? Will preference be given leave or a portion of the annual salary? in accordance with seniority or will there be other While there is wide variety on the rate of pay, full pay considerations? has generally been associated with half-year leaves while Generally, criteria for staff selection is a nonnegotiable full-year’s leave receive 50% to 75% compensation. Like and nonarbitrable issue. However, in Willingboro Board other benefits, rate of pay during sabbatical is subject to of Education, PERC No. 80-46, 5 NJPER 10240, PERC modification in successor negotiations. A union proposal held that the ‘‘procedures-criteria’’ dichotomy does not to increase this component can become an opportunity apply to mandatory subjects such as sabbatical leaves for the board to trade-off improvements in other aspects which determine the grant of a negotiated economic of the leave article. benefit. Under current case law, the criteria for selection of sabbatical recipients are thus negotiable and, if the Authority to Grant Leave Does the clause mandate contract so provides, arbitrable. (Please check the ‘‘Scope the board to grant leave? Does the board have discretion of Negotiations’’ section of this book or with the NJSBA to approve, or to reject, the requested sabbatical? A Labor Relations Department for the most current case choice of a small word can make a big difference in this law governing this issue.) component. In reviewing, or negotiating, sabbatical leave criteria, The Board shall grant a sabbatical leave to any boards should keep in mind their district’s needs and the employee who meets the eligibility conditions stated purpose of the leave. From a board’s perspective, of section 2. criteria should include considerations of the benefit of the or proposed leave to the district; the value of the leave to The Board may grant a sabbatical to any the individual teacher; the educational continuity of the eligible employee. district; the availability of replacement staff; the district’s economic situation; and other issues deemed important As in other contractual provisions, the ‘‘shall’’ removes by the board. the board’s discretion to reject a request for sabbatical. This component also includes a time frame for the Under the first example, the authority to obtain a sab- board to make its selection and to notify applicants of batical rests with the applicant who meets the contract’s the board’s disposition of their request. This aspect of eligibility standards, whereas the second example gives the component provides time for the teacher to solidify the board the discretion to review the applications of his or her plans and allows the district planning time for eligible employees and to determine whether or not to both budgetary and staffing decisions; the deadline for grant the leave. the board’s decision should, however, provide sufficient Number of Leaves Is there a limit on the number of time for the board’s decision-making. leaves granted each year? Verification of Fulfillment of Purpose Is the time on It is not unusual for contracts to limit the number leave spent for the purpose intended? of teachers who can be out on sabbatical at any one The teacher on leave can be contractually required time. This provision can work to the board’s advantage by to submit periodic interim reports or transcripts. Many limiting disruptions to the continuity of the educational contracts require that the Board be informed promptly if program and by controlling the number of replacement the teacher’s plans are changed due to illness, pregnancy, staff that may be necessary. However, here again ‘‘may’’ or by any other interference. These contracts also provide and ‘‘shall’’ can make a difference. If this component is for a termination of the sabbatical if the purpose of the expressed in terms of ‘‘two sabbaticals shall be granted sabbatical is not, or cannot, be met. each year,’’ then you may be required to grant at least Continuation of Benefits While on Leave What two annually, even if you have retained discretion in the benefits, if any, will the employee receive while on leave? previous component. A clear understanding of the teacher’s entitlement Application Procedures and Deadlines When and to continued benefits while on sabbatical avoids future how does the eligible employee apply? misunderstandings. The extent of benefit coverage is Many contracts require teachers to provide a detailed a negotiable issue. However, if you are a participating

2W03 Sabbatical Leaves SELECTED CONTRACT CLAUSES employer in the State Health Benefits Plan, the extent of Application of Components medical coverage may be preempted by rules and regula- tions and you will want to check with your attorney or the A contractual clause which contains all of the com- NJSBA Labor Relations Department before negotiating ponents of a sabbatical provision, and incorporates the this component. board’s interest in the benefit can provide a benefit to Most agreements to paid sabbaticals include retention both employees and the school district. Consider this of pension and tenure status during the leave period. sabbatical leave provision: Salary Guide Placement Upon Return Where will a. A tenured teacher who has successfully completed the teacher returning from a sabbatical be placed on seven years of continuous full-time teaching in the salary guide? the School District, may be granted This component establishes a condition of the leave a sabbatical leave of one full academic year for and prevents misunderstandings. A strong majority of the purposes of graduate study in the area of the sabbatical leave articles count the year on leave as teacher’s assignment. equivalent to a year’s teaching experience in the classroom b. Leaves shall coincide with the district’s school for purposes of future guide placement. If the sabbatical is year. Applications for leaves must be made by related to improving professional development, boards are November 1 of the year preceding the requested likely to be acceptant and supportive of this concept. sabbaticals. All applications must be made on the However, boards may want to establish that this form developed by the Superintendent. A decision movement is not automatic but is conditioned upon by the Board will be made by March 1 preceding successful completion of the sabbatical. Boards may also the sabbatical year. wish to assure that the language of this component does not, inadvertently, result in an unanticipated advance on c. No more than two teachers may be on sabbatical the guide. In a time when guides are being restructured at any one time. Decisions will be based upon: the and when steps on newly negotiated guides may no purpose of the leave and its potential benefit to the longer reflect years of experience, boards will want to district; the teacher’s demonstrated performance to avoid language which expresses the new placement in succeed in this task; the needs of the district; the relationship to the teacher’s step during the last year of availability of replacement staff and of budgetary teaching employment and specifies automatic progression funds. on the guide. Rather, boards may wish to consider wording d. A teacher on a sabbatical leave shall receive half of which simply establishes that ‘‘upon return, teachers will the salary he would have earned had he remained be placed on the guide as if they had been continuously in the district. While on sabbatical, a teacher shall teaching in the district.’’ This will assure that the returning receive all benefits that he would have received if teacher’s placement on the guide is in accordance with he had remained in the district, except for sick the new guide’s structure. leave. Upon return to the district, a teacher shall Future Leave Eligibility Will an employee be eligible be placed on the guide where he would have been for more than one sabbatical during the course of employ- had he remained in the district, so long as the ment? If so, what, if any, conditions must be met for a sabbatical’s purpose was successfully completed. second sabbatical? e. During the sabbatical year, a teacher must report Establishing future eligibility avoids misunderstand- two times each semester describing the progress ings. As in all negotiated clauses, this provision should he has made in fulfilling the purpose of the leave. balance the needs of teachers with that of the district. Such report shall be filed using forms developed by Some contracts specify that teachers are eligible for only the Superintendent. In addition, official transcripts one sabbatical during the course of employment, while must be submitted as soon as available. others establish eligibility requirement for subsequent sabbaticals. f. Upon return to the district from a sabbatical, the Return Service Obligation Does the employee have an teacher agrees to remain in the employ of the obligation to return to the district upon completion of the district for at least two years, unless discharged by sabbatical? If so, for how long? Are there any penalties the Board. If a teacher fails to fulfill this obligation, for not honoring this obligation? he must repay the board all or a proportionate ratio If the sabbatical is granted to provide a teacher with of the salary he received while on sabbatical. the opportunity to grow professionally and to share this g. To be eligible for a subsequent sabbatical, a teacher development with other district staff and students, then must successfully complete twelve years of full a return-to-the-district obligation appears to be in the time employment following return from the first board’s interest. Many sabbatical provisions require a sabbatical leave. two year return commitment and also provide that an employee’s failure to meet this obligation will result in a This clause addresses all necessary components and responsibility to reimburse the district for the salary paid balances the needs of employees with the board’s need to to the teacher while on leave. control the purpose and the administration of the leave.

SELECTED CONTRACT CLAUSES Sabbatical Leaves 3W03