DATE ISSUED: 4/2/ of 9 LDU DEC(REGULATION)-X

Transcription

1 State Days Accumulated State Sick Days District Local Days Limitations Campus All District employees, excluding substitute or temporary, are entitled to days earned prorata consistent with their work assignment. [See (LEGAL)] A request for state days will be submitted to the immediate supervisor/designee in advance of the anticipated absences. In the case of an emergency, notification will be made at the earliest practical time. State days are earned at a rate of five days per year with no limit on accumulation or restriction on transfer among districts. Accrual is based solely on days of employment. If an employee separates from employment with the District before the end of the school year, the District may calculate the amount of state leave earned based on days of employment and may deduct for any days used but not earned. The District may not restrict the order in which an employee may use state days, state sick days, and any additional District local days provided by the District. Accumulated totals of state sick days accrued prior to May 30, 1995, will remain available to employees. Full-time District employees will earn District local days at a rate of five days per school year. Determination of the number of days earned is prorated on the number of days. Days may be used at the employee s discretion. The unused local days balance will be reduced to zero immediately upon separation of employment with the District. A request to use District local days should be submitted to the immediate supervisor/designee in advance of the anticipated absences. In the case of an emergency, notification will be made at the earliest practical time. In deciding whether to approve or deny District local days, the supervisor or designee will not seek or consider the reasons for which an employee requests to use leave. The supervisor or designee will, however, consider the effect of the employee s absence on the education program or District operations, as well as the availability of substitutes. The District will accommodate an employee s request to be absent from duty so long as it does not cause undue hardship on the department and/or District operations. The absence should not exceed more than five consecutive days in most circumstances. District local days may be used at the employee s discretion. Local days may not be used: DATE ISSUED: 4/2/ of 9 -X

2 1. The day before a school holiday; 2. The day after a school holiday; 3. Days scheduled for end-of-semester or end-of-year exams; 4. Days during the first week of school or during the last week of school; or 5. Days scheduled for state-mandated assessments, except in extenuating circumstances as determined by the supervisor. Pay Status Benefits Review Committee So long as days are available, there will be no loss of pay, and the employee will remain in full-pay status during the absence. Should an employee use more days than earned, the cost of unearned days may be deducted, subject to Fair Labor Standards Act (FLSA) guidelines, from the employee s paycheck. [See DEA(LEGAL)] If insufficient funds exist in the last paycheck, the employee will be required to refund the overpayment. The Benefits Review Committee (BRC) approves all benefitsrelated leaves and may grant additional leave time. The BRC is composed of representatives from Human Capital Management, School Leadership, Risk Management, and Legal Services. The requests include, but are not limited to, the following: American Disabilities Act (ADA) request; Professional leave; Bereavement; Retirement Service Award; and Leaves Bereavement (Funeral) Leave General Medical Leave of Absence / Temporary Disability (Non-FMLA) Fitness for duty. An employee may apply for the leave by contacting the Benefits Department. Bereavement leave is a leave to cover the death of a family member for up to three days. The days will not be deducted from the employee s time off. Additional days of absence may result in a deduction of accumulated local or state days. An employee will be eligible for one of the following reasons: 1. For the employee s own serious health condition, as defined in the FMLA (see A); or DATE ISSUED: 4/2/ of 9 -X

3 2. With medical certification from a physician, for a nonserious medical condition, when such conditions interfere with the performance of regular duties. Conditions related to pregnancy and childbirth will be treated the same as other health conditions. An employee will apply for a general medical leave of absence by contacting the Benefits Department. An employee will provide notice as soon as practicable under the facts and circumstances of the particular case. Leave is available up to 180 calendar days with proper medical certification. This leave runs concurrently with other applicable leaves. An employee s failure to return to work after 180 calendar days may result in termination of employment. [See (LOCAL) Neutral Absence Control Policy] Administrative Leave / Leave of Absence Exceeding 60 Days Priority Return Neutral Absence Control Policy Assault Leave An employee who takes a leave of absence or that is placed on administrative leave that exceeds 60 workdays during a rolling 12- month period will not be guaranteed placement in his or her previous assignment, unless his or her placement is protected by state and/or federal laws including, but not limited to, FMLA and/or the Uniformed Services Employment and Re-employment Rights Act (USERRA) provisions. Priority return will be a paid status assigned to an employee who is awaiting assignment after being released to return to work following an administrative leave, an approved leave, assault leave, or a medical leave of absence/general medical (non-fmla).the District will return the employee in an equivalent assignment and will make its best effort to return the employee within five business days. If an employee does not return to work within 180 calendar days of being out on leave, the District will provide the employee with written notice that the maximum allotted District leave time has been exhausted and that the employee will be terminated regardless of the reason for the absence [see DAA(LEGAL)]. The employee s eligibility for reasonable accommodations, as required by the Americans with Disabilities Act (ADA) [see DAA(LEGAL)], will be considered before termination. If paid leave has been exhausted, the employee will remain on unpaid leave during the ADA consideration period. If terminated, the employee may apply for re-employment with the District. The paid leave is to allow for the employee to recuperate from physical injuries sustained as a result of an assault. [See (LEGAL)] DATE ISSUED: 4/2/ of 9 -X

4 The assault will be reported within 24 hours to the immediate supervisor or designee. [See also CRE(LOCAL)] The employee must request and provide medical certification indicating the amount of time off necessary to recuperate from physical injuries sustained as a result of the assault within ten working days of the request. An employee s failure to return to work after the expiration of an approved assault leave period, not to exceed two years from the date of the assault, may result in termination of employment. The employee will provide to the Benefits Department a physician s medical report documenting the physical injury recuperation status for review every 30 days. Failure to provide the required documentation may result in the change of assault leave status and charging the leave against the employee s accrued days or against the employee s pay if accrued days are not available. There is no loss of pay and the days of assault leave will not be deducted from accrued days unless the outcome of the investigation into the claim is founded/substantiated. Workers Compensation Leave The District provides workers compensation benefits to employees (including substitute and temporary) who suffer a work-related illness or who are injured on the job. Specific benefits are prescribed by law, depending on the circumstances of each case. All workrelated accidents or injuries will be reported at once to the supervisor or designee. Employees who are unable to work due to a workrelated injury will be notified of their rights and responsibilities under the Texas Labor Code by the Texas Workers Compensation Commission after the appropriate injury reports have been submitted. [See CRE(LEGAL)] An employee receiving workers compensation wage benefits will be assigned to FMLA and general medical leave, if eligible. [See CRE(LOCAL)] If a workers compensation claim is denied or is being disputed and an employee continues to be absent, the employee will apply for FMLA or general medical leave, whichever is applicable. Supervisors will attempt to make short-term and reasonable accommodations for up to 30 days for employees who have been released by their physician to return to work from workers compensation absence with a temporary limitation or disability. The 30-day period may be extended another 30 days if the doctor recommends it, pending return to full duty. [See CRE(LOCAL)] DATE ISSUED: 4/2/ of 9 -X

5 If the employee declines the District s offer of a limited-duty job, the employee may lose workers compensation benefits but will be entitled to remain on unpaid FMLA leave, if applicable, until exhausted. [See A(LEGAL)] The duration of the leave will be up to 180 calendar days with proper medical certification. This leave runs concurrently with FMLA and general medical leave. An employee s failure to return to work after 180 calendar days may result in termination of employment. [See Neutral Absence Control Policy, above, and also CRE(LEGAL)] Workers compensation benefits will continue until the employee is released by the health-care provider or has reached maximum medical improvement. An employee who chooses to use paid leave will have his or her weekly workers compensation wage benefits supplemented up to the employee s preinjury regular weekly wage. The District will charge the employee s days proportionately until the available days are exhausted. [See CRE(LEGAL), (LEGAL)] Court Appearances / Subpoenaed Witness Leave Emergency Leave Military Wartime Leave A District employee, excluding substitutes or temporary employees, will be fully compensated by the District for absences due to compliance with a valid subpoena or for jury duty, and absences will not be deducted from the employee s pay or days. [See (LEGAL)] Employee absences for voluntary court appearances related to the employee s personal business or reasons will be deducted from the employee s accrued days or taken without pay, at the option of the employee. The term emergency leave includes, but is not limited to, unforeseen natural disasters or destruction of a home or domicile by flood, fire, or storm involving the employee or a member of the employee s family. Employees may be granted three local days of emergency leave without loss of pay by the BRC. Additional days of absence will result in a deduction of accumulated time off excluding non-duty days. Exceptions may be made by the BRC. The employee remains in full-pay status during the granted emergency leave. The term wartime includes, but is not limited to, military operations, domestic emergencies, national security-related situations, or presidential authorization. [See B(LOCAL)] DATE ISSUED: 4/2/ of 9 -X

6 Professional Leave Hardship Leave Other Leaves Fitness-for-Duty Leave A professional leave may be granted if the activity accomplishes a school-related purpose and is in the best interest of the District. Requests must be submitted to the BRC no later than six weeks prior to the first day of the semester in which the leave will begin. The leave may be granted up to one school year. Additional leave may be granted by the BRC. Leave requests for professional study or other professional activity will not be granted for full-time employment elsewhere. This leave may be granted only if the employee is not eligible for any other leave (e.g., FMLA leave, temporary disability leave, general medical leave, or workers compensation). Return to service cannot be guaranteed. This leave may be granted for any of the following reasons: 1. Serious illness of members of the employee s family; and 2. Personal hardship for circumstances beyond the employee s control. This leave does not run concurrently with FMLA leave, temporary disability leave, general medical leave, or workers compensation. Requests must be submitted, with appropriate documentation, by contacting the Benefits Department at least 20 business days prior to taking a leave or as soon as practicable in an emergency situation. Hardship leaves may be granted up to 20 business days. Extension of an additional 20 business days may be granted by the BRC with proper documentation. All full-time or part-time District employees are eligible. An employee may be placed on a fitness-for-duty leave of absence with pay if the employee s condition interferes with the performance of regular duties. When appropriate, this temporary leave of absence may run concurrently with FMLA leave, temporary disability leave, general medical leave, or workers compensation. Any employee who refuses to undergo a physical, mental, emotional, or general health evaluation by a certified physician with subject matter expertise, as required by policy DBB(LOCAL), may be terminated. The employee will have the right to file a grievance in order to present evidence of his or her fitness to continue in the pursuit of regularly assigned duties, in accordance with DGBA(LOCAL). DATE ISSUED: 4/2/ of 9 -X

7 The employee must notify the Benefits Department of a desire to return to active duty at least ten days in advance of the expected date of return. The notice will include a statement from a licensed physician or licensed mental health-care professional confirming the employee s physical, mental, or emotional fitness to return to regular duties. Reinstatement will be in accordance with statutory requirements in (LEGAL). Administrative Leave Unapproved Leave Job Abandonment No-Show Reporting Absences An employee may be placed on administrative leave with pay by the Superintendent of Schools or designee at any time the Superintendent of Schools or designee determines that the District s best interests will be served by the leave. An employee will be placed on an unapproved leave status, which will be unpaid, under any of the following conditions: 1. Employee who has applied for leave but has not returned the required leave paperwork by the submission deadline and is not at work; 2. Employee who has been released to return to work by a physician but does not report to work; 3. Employee who has not provided appropriate return-to-work documentation by the leave end date and is not at work; or 4. Employee whose workers compensation leave has been denied, has not applied for FMLA or general medical leave, and is not at work. Employees on unapproved leave will be subject to disciplinary action up to and including termination, in accordance with District policies. [See DF(LOCAL) and DCD(LOCAL)] Employees who are absent from work for three consecutive work days without notice and who cannot be reached by the immediate supervisor may be deemed to have voluntarily resigned from the District and may be separated from the District due to job abandonment, in accordance with District policy. [See DFBB, DCD, and DF series] An employee is a no-show if he or she fails to report to work on his or her first assigned scheduled workday. Employees will notify their immediate supervisor or designee (in accordance with department/campus procedures) as soon as possible if it is necessary to be late for work or absent for any reason. In the event of an emergency, notification should be made at the earliest practical time, especially if a substitute is required to cover an employee s responsibilities. DATE ISSUED: 4/2/ of 9 -X

8 Excessive Absences / Tardies Dock Days Attendance Incentive Programs Employee Retirement Incentive Emergency District Closures When an employee s absences, tardies, and/or dock days become a performance concern and/or establish a pattern of absences, such absences may be considered excessive with the exception of an approved leave. If absences, tardies, and/or dock days are deemed excessive, the employee may be subject to disciplinary action up to and including termination of employment. Dock days are an indication that an employee has used all available days and the employee may be subject to a deduction in pay. The District may provide attendance incentives as appropriate and as funding will allow. Employees are eligible for the Retirement Service Award (RSA) if they notify Human Capital Management by March 1 of their intent to retire with TRS. Employees will need to complete the separation process electronically in advance of the planned retirement date. Retiring employees who qualify receive a partial cash payment for unused local days. 1. Employees who do not submit their forms by the March 1 deadline will not be eligible for the award. 2. Unused local days are divided into the annual RSA budget to determine the RSA daily rate to be paid in July. The exact rate to be paid will be determined upon calculation of all participants remaining unused local days in the program for the year. 3. There is not a cap to the number of unused local days paid. 4. The amount of time the employee served is not a requirement for participation in the program. Absences during emergency District closures such as inclement weather [see CKC(LOCAL)] will be governed by the following provisions: 1. An employee (exempt or non-exempt) whose job is essential to maintaining emergency operations and who is required to work while the District is closed as determined by the Superintendent of Schools or designee will be paid overtime or receive compensatory time based on his or her employment status. At such time as the Superintendent of Schools or designee declares the District re-opened, employee compensation reverts to the standard practice in accordance with the Dallas ISD Compensation Manual. 2. When the District facilities are declared closed, the following will apply: DATE ISSUED: 4/2/ of 9 -X

9 a. Campus-based employees: Campus-based teachers as defined by the Texas Education Code, Chapter 21 and all other campus-based employees will follow the inclement weather make-up days as outlined by the applicable school year calendar. b. Police and security employees: Sworn peace officers and police dispatch personnel will report to work. If the employee fails to report, the employee s TO will be charged and or salary adjusted accordingly. c. Operations: Essential personnel will report to work. If the employee fails to report, the employee s TO will be charged and or salary adjusted accordingly. Essential personnel is defined as District employees called to duty to perform essential tasks when the District is closed. The Superintendent or chief of the respective department will determine who will report to work when the District is closed. d. Business services: All other central-based employees will be excused for each day the District is declared closed. TO will not be taken from employees when the District is declared closed. Employees will not be required to make up the days the District is closed. Exceptions Adoption or Last Amended Date Exceptions may be made to this regulation by the Superintendent of Schools or designee. This regulation was last adopted or amended on March 22, DATE ISSUED: 4/2/2018 REVIEWED: 9 of 9 -X