Development of Policies Policies versus Procedures Types of Leave Leave Mandated by Law Sample Leave Policies Leave at Discretion of Board Summary

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1 Jean McCutchen, CSFO, CPA Satsuma City Schools May 2015 Development of Policies Policies versus Procedures Types of Leave Leave Mandated by Law Sample Leave Policies Leave at Discretion of Board Summary A guiding principal to give direction to the employees. It is the direction in which a particular board should move forward to achieve its goals. Serves as a guide in decision making under different sets of circumstances. Procedures are step-by-step instructions that tell the employees what to do and when to do it in real life. Policies translated into action are procedures. 1

2 Policies guide top management in decision making while procedures guide employees into action. Policies reflect the mission statements and objectives of a board, while procedures are practical applications of these policies. Policies are recommended by the Superintendent and approved by the Board; procedures are often made in consultation with staff and other employees. DO NOT COMPLICATE POLICIES WITH DETAILED PROCEDURES! Handbooks, Manuals and Administrative Procedures can address the procedures and process. However, do not only refer to a law reflect sufficient details. Great reference guide: EMPLOYEE LEAVE LAWS For Alabama Public School Employees developed by Dennis Heard, SDE, many years ago! Also AASBO course. Policies must comply with at least the minimum and/or maximum requirements for leave provisions as established by law. Policies should provide for leave benefits that are manageable by board staff and affordable based upon the district s available revenues and budgets. Providing for leave that is over and above the minimum requirements and funding can be very expensive for a district! Code of Alabama, Section requires establishment of a written educational policy for the board and its employees. Consultation public hearings etc. Policies should reflect a standard format and numbering system. Reference to law Code of Alabama Act. History of date approved/adopted by Board and date(s) of amendment(s). 2

3 First address expectation of proper work attendance work attendance is essential function of job performance. Policy should require timely notification of absence and address consequences of an employee being willfully absent from duty without leave and without proper notification. Approved paid leave or absences paid at regular daily rate of pay. Day of paid leave will NOT be counted as a day worked for purposes of computing overtime under FLSA. Extended leave should be identified and approved by board. Sick Leave including Sick Leave Bank Catastrophic Sick Leave Bereavement Leave optional part of Sick Leave Personal Leave Job Related Injury Leave Vacation Leave and Leaves of Absence - discretion Military Leave Court Leave Legal Jury Professional Leave Family and Medical Leave Act Board must have policy that enforces compliance with the Law pertaining to allowable uses of sick leave. Identify which employees are eligible, how they earn, how it is accumulated, how it may be transferred, and allowable uses of sick leave. For this provision, the policy should specifically list allowable uses. The Law and several AG Opinions support allowable uses of sick leave. Can t be paid for sick leave limitations on transfers. 3

4 All personnel of the ABC School Board will be eligible for sick leave earned at the rate of one (1) day for each month of service. Any unused sick leave may be carried forward from one (1) fiscal year to the next and can accumulate without any established maximum number of days. Accumulated sick leave can be converted to service time at the time of retirement according to the rules of the Alabama Retirement System. Sick leave is defined by the Alabama State Code as the absence from regular duty by a professional or classified employee due to the following: Personal illness or doctor s quarantine; Incapacitating personal injury; Death in the family of the employee (parent, spouse, child, sibling, parent-in-law, son-inlaw, daughter-in-law, brother-in-law, sisterin-law, nephew, niece, grandchild, grandparent, uncle or aunt); Death, injury, or sickness of another person who has unusually strong personal ties to the employee, such as a person who stood in loco parentis. The Law is specific to requirements of Sick Leave Bank (SLB). Request of 10% or more of employees MUST establish SLB. Secret ballot elect 4 members 1 administrative member appointed by Superintendent and approved by Board. EXCLUSIVE responsibility of SLB Committee to write guidelines and administrative procedures/forms of SLB including the catastrophic leave provisions. Board does NOT authorize or approve! Employees deposit days not to exceed five (5). May borrow no more than fifteen (15). 4

5 Policy must be in compliance with minimum requirements of Law. Policy should not include the SLB Guidelines those are the EXCLUSIVE responsibility of the SLB Committee. The Law addresses Catastrophic Sick Leave as a part of the provisions for a Sick Leave Bank. The SLB Committee approves employees for Catastrophic Leave, NOT the Board, NOT the Superintendent, NOT the staff. Make sure policy is in compliance with the Law and does not add to the Law. The Board supports and establishes a Sick Leave Bank (SLB) open to all employees in accordance with state law. The accounting for the SLB shall be the responsibility of the Board, but the responsibility for writing the guidelines and administrative procedures for the SLB shall be that of a Sick Leave Bank Committee composed of a representative appointed by the Superintendent (with Board approval) and four members of the sick leave bank duly elected by secret ballot. The Sick Leave Bank, including the catastrophic leave provisions, shall be administered in all respects according to the duly promulgated rules and the guidelines and procedures adopted by the committee and in accordance with other provisions required by law. This pertains to SICK LEAVE and is identified in Law under provisions for a Sick Leave Bank. CATASTROPHIC ILLNESS: Any illness, injury, or pregnancy or medical condition related to childbirth, certified by a licensed physician which causes the employee to be absent from work for an extended period of time. Sick Leave Bank Committee writes guidelines and administrative procedures for catastrophic sick leave. Must be member of Sick Leave Bank to be approved for catastrophic leave. 5

6 This is included in definition of sick leave. This is additional leave that a board may grant employees. If granted in addition to sick leave, policy should identify the qualifying relationships of the deceased. This leave granted above state defined sick leave is not funded. Here is a sample board should be able to afford this leave. Bereavement Leave In the case of the death of an employee s spouse, child, parent, or sibling, said employee shall be entitled to three days of bereavement leave per circumstance not to be counted against the employee s available sick leave, personal leave, or vacation leave. Who earns work average of 20 hours or more per week. Minimum 2 days Maximum 5 days. Noncumulative does NOT roll over to next year. Teachers certificated staff have choice of converting Personal Leave to sick leave or to be paid at highest rate for certificated sub. Board has discretion to apply that choice to support staff. Board may limit time frames for Personal Leave, but law does not require. Only TWO days may convert to sick. All regular, full-time employees are eligible for two (2) non-cumulative personal leave days each scholastic year without loss of pay. Personal leave must be requested in writing in accordance with such procedures as may be established by the Superintendent or the Board. Teachers may choose to be compensated for unused personal leave at the end of the school year at the same daily rate of pay used for substitute teachers. For full-time employees, unused personal leave days will be converted to sick leave days at the end of the school year. 6

7 Boards have discretion to add additional days up to 5. Discretion as to how or if employees have to pay anything for the additional days above 2. Discretion as to whether board allows support staff to be paid for balance of Personal Leave at end of year. Discretion as to whether board restricts WHEN Personal Leave can be used. Make sure Board staff can manage and district can afford additional days! Law details provisions and rights ensure that board policy complies. --Sample --- On-The-Job Injury Leave: An accident or injury to the employee occurring during the performance of duties or when directed or requested by the employer to be on the property of the employer which prevents the employee from working or returning to his or her job. Employees who are accidentally injured on the job may be approved for paid on-the-job injury leave without using sick days, provided that: The injured employee submits written medical certification from the attending licensed physician stating that the employee was injured and cannot return to work due to a specified injury, if there is a reasonable expectation that the employee will return to work and, if so, the expected date of that return. The Board may require a second opinion from a Board specified physician, at its expense. Sample wording continued.. The employee submits a signed written account of the accident attested by a principal or department head within twenty-four (24) hours after the injury occurred. If the injured employee is not able to notify the Board, another person reasonably knowledgeable about the employee s condition and circumstances leading to the injury may provide the required notification. Upon a determination that the employee has been injured on the job and cannot return to work, the Board may maintain the employee s salary and benefits for the period of incapacity caused by the injury, not to exceed ninety (90) days. An employee who is injured on the job may file a request for unreimbursed medical expenses and costs with the State Board of Adjustment. The Board will provide such reasonable assistance to the employee as is required by law, but assumes and will have no responsibility or liability for processing the claim or directly reimbursing the employee any unreimbursed medical expenses and costs. On-the job-injury leave will be administered in accordance with and subject to the requirements and limitations imposed by state law regarding such leave. 7

8 Boards have the authority to provide for paid leaves of absences and vacations for its employees. Boards have discretion on how much vacation can be earned, when it can be used, if and how much can be carried over to the next year, and if any vacation leave can be paid to employees leaving service. Define eligible employees, i.e, 12-month full-time. How they earn: 5 Days first year, then 10 days; 15 days after ten years, etc. Practical limitations: Number of days that can be carried over no payment for annual leave balance upon termination. Policies should clearly state parameters for leaves of absences but identify that each will be considered and approved on a case by case basis. Identify the specific reasons why an employee may request a leave of absence. Any type of extended leave should be board approved. (Medical/illness, maternity, study, other provisions of the FMLA, etc.) The following example is one in which a board had to revise to make LOA s more practical and manageable. Except as otherwise authorized by Board policy, employees may be absent from work only in the following circumstances: Qualifying reasons for sick leave or on-the-job-injury leave under state law or the Family Medical Leave Act; Personal Leave Annual Leave Administrative or Professional Leave Military Leave Court or Jury Duty Leave Other unpaid leave that is specifically approved by the Board, in its sole discretion, upon showing of substantial hardship or extraordinary circumstances. Employees who know in advance that they will be absent from work must notify the Board of the expected absence in accordance with procedures specified by the Superintendent or the Board. 8

9 Leaves of absences shall be approved on a case by case basis. No employee is guaranteed or entitled to a leave of absence. In the event of an emergency or incapacity that makes advance notice impractical, employees must notify the Board of their absence as early as possible. Employees who have a foreseeable absence of two weeks or longer or required to request an official leave of absence to be submitted for Board consideration. Leaves of absence, paid or unpaid, may be approved for up to one year. Periods of approved leave in excess of one (1) year may result in the employee s position being vacated with no guarantee to return to the original position. In the event the employee s position is vacated, upon return to active employment, the employee shall be placed in a position for which he/she is qualified. The Board reserves the right to require additional supporting information, including, but not limited to, a medical doctor s written statement in the event the requested leave is the result of a medical necessity. Nothing contained herein shall operate to impair applicable employee tenure rights, if any. Except as otherwise provided or permitted, an employee who is absent from work without approved leave will be considered absent without leave, in violation of Board policy, and subject to appropriate disciplinary measures. Employees who are approved for paid leave or absences will be paid at the regular daily rate of pay; however, a day of paid leave or absence will not be counted as a day worked for the purposes of computing overtime under the Fair Labor Standards Act. Pay will be reduced on a pro rata basis for leaves or absences not covered by sick, vacation, personal or other appropriate form of paid leave. The continuation of benefits during an approved absence is subject to the provisions of the particular benefit policy or plan. State Law is very specific ensure that board Policy complies with state and federal law. Federal military leave no more than 168 working hrs/year. State military leave no more than 168 working hrs. at any one time. Employees continue to accumulate service credit. Some policies just refer to state law in order to accommodate any and all changes in state and federal law that occur. 9

10 Jury Service Personnel shall be excused without loss of pay for jury service. To request such leave, personnel must present the jury summons to their immediate supervisor as far in advance of the leave date as possible in order that appropriate substitutes may be obtained. Court Appearances Personnel may be excused without loss of pay for serving as a witness (not as a plaintiff or defendant) under a subpoena in a court of law. To be eligible for court appearance leave with pay, personnel must present the subpoena to their immediate supervisor as far in advance of the leave date as possible in order that the appropriate substitutes may be secured. Disposition of Applicable Court Fees Personnel are not required to return to the school district the fee paid to them for jury or court service; however, a court attendance form must be provided to verify court attendance. Return to Work When school district personnel are released from jury service and/or court appearances, they are to report promptly (same day if possible) to their employment positions. Does not apply to personal litigation! Professional Leave The Superintendent or his designee is authorized to grant professional leave with pay to Board employees to engage in educational activities which, in the judgment of the Superintendent, serve the needs and interests of the school system. The number of days approved for such leave will be at the discretion of the Superintendent. Professional Leave - Professional leave may be granted to personnel for participation in educational activities related to instructional improvement in the ABC School System. Leave for Training Leave for training shall be granted to support personnel to participate in activities that will enrich the ABC School System s program and improve skills or understandings of the employee. Leave shall be granted for employees to attend professional association meetings to which they have been elected. All professional leave and leave for training requests must be approved by the Superintendent of Education before utilization. 10

11 Federal law Most boards reflect very detailed policy in order to ensure that employees can readily see all of the provisions and benefits of FMLA. If details are not in policy, ensure that procedures are well defined and provided to employees. Main Issues: Eligibility worked 12 months, 1,250 hours. Do the reasons qualify? Birth and care of newborn or adoption; serious health condition of employee, serious health condition of family member of employee. Define Serious Health Condition Require physician s certification Military Family Leave Provided by Act. Qualifying Exigency Leave 12 weeks. Military Caregiver Leave 26 weeks. Spouses employed limited to COMBINED total of 12 weeks. Use of Vacation/Sick Leave must use those before taking unpaid leave under FMLA. Paid Leave and unpaid FMLA Leave should RUN CONCURRENTLY and the employee s 12 weeks of unpaid FMLA leave will be reduced by the paid leave. Notice 30 days when need is foreseeable! Board reserves right for 2 nd opinion for physician certification. Benefits maintained. Return to Work define requirements and benefits of job restoration. Ensure that you address all leave types specifically identified in state and federal law. Ensure that your staff can manage the process and that your board can afford the leave benefits provided. Support your policies with your manuals and administrative procedures. Keep policies general procedures detailed and easily revised or amended when necessary. Review policies each year! Refer legal questions to the SDE and your attorney. Questions for this presentation: Jean McCutchen, jmccutchen@satsumaschools.com 11