S AND ABSENCES DEFINITIONS FAMILY FAMILY EMERGENCY DAY CATASTROPHIC ILLNESS OR INJURY AVAILABILITY EARNING LOCAL DEDUCTIONS WITHOUT PAY PRORATION EMPLOYED FOR LESS THAN FULL YEAR The term immediate family is defined as: 1. Spouse. 2. Son or daughter, including a biological, adopted, or foster child, a stepchild, a legal ward, or a child for whom the employee stands in loco parentis. 3. Parent, stepparent, or other individual who stands in loco parentis to the employee. 4. Sibling, stepsibling. For purposes of the Family and Medical Leave Act (FMLA), the definitions of spouse, parent, son or daughter, and next of kin are found in A(LEGAL). The term family emergency shall be limited to disasters and lifethreatening situations involving the employee or a member of the employee s immediate family. A leave day for purposes of earning, use, or recording of leave shall mean the number of hours per day equivalent to the employee s usual assignment, whether full-time or part-time. A catastrophic illness or injury is a severe condition or combination of conditions affecting the mental or physical health of the employee or a member of the employee s immediate family that requires the services of a licensed practitioner for a prolonged period of time and that forces the employee to exhaust all leave time earned by that employee and to lose compensation from the District. Complications resulting from pregnancy shall be treated the same as any other condition. The District shall make state personal leave and local leave for the current year available for use at the beginning of the school year. An employee shall not earn any local leave when he or she is in unpaid status. An employee using full or proportionate paid leave shall be considered to be in paid status. The District shall not approve paid leave for more leave days than have been accumulated in prior years plus leave currently available. Any unapproved absences or absences beyond accumulated and available paid leave shall result in deductions from the employee s pay. If an employee separates from employment with the District before his or her last duty day of the year, or begins employment after the first duty day, state personal leave and local leave shall be prorated based on the actual time employed. DATE ISSUED: 3/1/2013 1 of 9
S AND ABSENCES If an employee separates from employment before the last duty day of the school year, the employee s final paycheck shall be reduced for: 1. State personal leave the employee used beyond his or her pro rata entitlement for the school year; and 2. Local leave the employee used but had not earned as of the date of separation. EMPLOYED FOR FULL YEAR RECORDING ORDER OF USE CONCURRENT USE OF If an employee uses more local leave than he or she earned and remains employed with the District through his or her last duty day, the District shall deduct the cost of the excess leave days from the employee s pay in accordance with administrative regulations. Leave shall be recorded as follows: 1. Leave shall be recorded in half-day increments for all employees. 2. If the employee is taking intermittent FMLA leave, leave shall be recorded in one-hour increments. 3. If the employee chooses to offset leave against workers compensation benefits, leave shall be recorded in the amount used. Earned compensatory time shall be used before any available paid state and local leave. [See DEA] Unless an employee requests a different order, available paid state and local leave shall be used in the following order, as applicable: 1. Local leave. 2. State sick leave accumulated before the 1995 96 school year. 3. State personal leave. When an absent employee is eligible for FMLA leave, the District shall designate the absence as FMLA leave. The District shall require the employee to use temporary disability leave and paid leave, including compensatory time, concurrently with FMLA leave. An employee receiving workers compensation income benefits may be eligible for paid or unpaid leave. An absence due to a work-related injury or illness shall be designated as FMLA leave, temporary disability leave, and/or assault leave, as applicable. DATE ISSUED: 3/1/2013 2 of 9
S AND ABSENCES MEDICAL CERTIFICATION An employee shall submit medical certification of the need for leave if: 1. The employee is absent more than three consecutive workdays because of personal illness or illness in the immediate family; 2. The District requires medical certification due to a questionable pattern of absences or when deemed necessary by the supervisor or Superintendent; 3. The employee requests FMLA leave for the employee s serious health condition or that of a spouse, parent, or child; or 4. The employee requests FMLA leave for military caregiver purposes. In each case, medical certification shall be made by a health-care provider as defined by the FMLA. [See A(LEGAL)] Note: For District contribution to employee insurance during leave, see CRD. STATE PERSONAL NON- DISCRETIONARY USE DISCRETIONARY USE LIMITATIONS REQUEST FOR The Board requires employees to differentiate the manner in which state personal leave is used: 1. Non-discretionary use of leave shall be for the same reasons and in the same manner as state sick leave accumulated before May 30, 1995. [See (LEGAL)] 2. Discretionary use of leave is at the individual employee s discretion, subject to limitations set out below. The employee shall submit a written request for discretionary use of state personal leave to the immediate supervisor or designee as far in advance as possible but not less than five school days in advance of the anticipated absence. Principals and supervisors may require that requests be submitted in writing. Requests for discretionary leave shall be considered in the order in which they are received. In deciding whether to approve or deny state personal leave, the supervisor or designee shall not seek or consider the reasons for which an employee requests to use leave. The supervisor or designee shall, however, consider the effect of the employee s absence on the educational program or District operations, the number of anticipated staff absences, and the availability of substitutes. DATE ISSUED: 3/1/2013 3 of 9
S AND ABSENCES DURATION OF SCHEDULE LIMITATIONS LOCAL SICK HARDSHIP SICK BANK Discretionary use of state personal leave shall not exceed two consecutive workdays and shall not exceed more than five workdays per school year, except in extenuating circumstances as approved by the Superintendent or designee. Except as specifically approved in advance by the Superintendent or designee, discretionary use of state personal leave shall not be allowed on the day before or after a school holiday; days scheduled for end-of-semester exams; days scheduled for state assessments, District benchmark testing, or other standardized testing; the first five or the last five teaching days of the school year; or professional staff development days. Each building principal or other supervisor may identify additional days on which discretionary use of state personal leave shall not be allowed at that work location. All full-time employees who are scheduled to work at least 30 hours per week in an allocated position shall earn five leave days of paid local sick leave per school year in accordance with administrative regulations. Local leave shall accumulate without limit. Employees shall not be paid for accrued, unused local sick leave upon separation from employment. Local leave shall be used according to the terms and conditions of state sick leave accumulated before the 1995 96 school year. [See (LEGAL)] After exhausting all accrued paid leave available from any source (state and local leave, vacation leave, sick leave bank leave, compensatory time), an employee may apply for hardship leave. Hardship leave shall provide up to ten additional leave days of paid sick leave in a school year, paid at two-thirds the rate of the employee s base salary or rate of pay, and shall be available only for the employee s personal illness. Guidelines for receiving hardship leave are included in the employee handbook. An optional employee sick leave bank shall be available to all eligible employees. The purpose of the sick leave bank is to provide limited salary/pay continuation to members of the bank after the exhaustion of all other paid leave when the employee incurs an unexpected illness, surgery, or a temporary disability due to injury. [Refer to the sick leave bank handbook for specific information about the sick leave bank.] The Superintendent or designee shall develop regulations for the operation of the sick leave bank that address the following: DATE ISSUED: 3/1/2013 4 of 9
S AND ABSENCES 1. Membership in the sick leave bank, including the number of days an employee must donate to become a member; 2. Procedures to request leave from the sick leave bank; 3. The maximum number of days per school year or qualifying event that an employee may receive from the sick leave bank; 4. The committee or administrator authorized to consider requests for leave from the bank and the criteria for considering requests; and 5. Other procedures deemed necessary for the operation of the sick leave bank. VACATION FAMILY AND MEDICAL TWELVE-MONTH PERIOD COMBINED FOR SPOUSES Classified employees paid on an hourly basis shall earn paid vacation leave at the rate of one-half day per pay period actually worked, not to exceed 12 days in a 12-month period. Salaried employees scheduled to work a 261-day schedule shall earn one day of vacation leave per month, not to exceed 12 days in a 12-month period. Vacation leave may accumulate to a maximum of 24 days. No more than 12 consecutive days of vacation leave may be taken without the approval of the appropriate assistant superintendent. Accrued vacation leave may be taken at a time approved by the employee s supervisor. Employees who earn vacation leave shall be paid for any accrued, unused vacation leave at the time of retirement or separation from employment. Such payment shall be based on the employee s base rate of pay at the time the last vacation day was earned. Employees who are regularly assigned to work 261 days per school year and have been continuously employed by the District for ten years or more shall earn three additional days of vacation leave each school year. The additional days shall accrue at the beginning of each school year. An employee who has accrued the maximum 24 days of vacation leave at the beginning of the school year shall not earn the three additional days that school year. For purposes of an employee s entitlement to FMLA leave, the 12- month period shall be measured backward from the date an employee uses FMLA leave. If both spouses are employed by the District, the District shall limit FMLA leave for the birth, adoption, or placement of a child, or to care for a parent with a serious health condition, to a combined total of 12 weeks. The District shall limit military caregiver leave to a combined total of 26 weeks. [See A(LEGAL)] DATE ISSUED: 3/1/2013 5 of 9
S AND ABSENCES INTERMITTENT OR REDUCED SCHEDULE CERTIFICATION OF FITNESS-FOR-DUTY CERTIFICATION END OF SEMESTER FAILURE TO RETURN TEMPORARY DISABILITY SHORT-TERM AND EXTENDED DISABILITY The District shall not permit use of intermittent or reduced schedule FMLA leave for the care of a newborn child or for the adoption or placement of a child with the employee. [See A(LEGAL) for use of intermittent or reduced schedule leave due to a medical necessity.] If an employee requests leave, the employee shall provide certification, as required by FMLA regulations, of the need for leave. [See A(LEGAL)] If an employee takes FMLA leave due to the employee s own serious health condition, the employee shall provide, before resuming work, a fitness-for-duty certification. If the District will require certification of the employee s ability to perform essential job functions, the District shall provide a list of essential job functions to the employee with the FMLA designation notice. If a teacher takes leave near the end of the semester, the District may require the teacher to continue leave until the end of the semester. [See A(LEGAL), AT THE END OF A SE- MESTER] If, at the expiration of FMLA leave, the employee is able to return to work but chooses not to do so, the District may require reimbursement of premiums paid by the District during the leave. [See DE- CA(LEGAL), RECOVERY OF BENEFIT COST] Temporary disability leave shall include short-term disability leave and extended disability leave. Any full-time employee whose position requires educator certification by the State Board for Educator Certification or by the District shall be eligible for temporary disability leave. The maximum length of temporary disability leave shall be 180 calendar days. [See DBB for temporary disability leave placement and (LEGAL) for return to active duty.] Eligible classified employees shall be entitled only to short-term disability leave and, if applicable, FMLA leave. An employee s notification of need for extended absence due to the employee s own medical condition shall be forwarded to the Superintendent or designee as a request for temporary disability leave. When possible, the employee shall submit any request for disability leave on such form as the District may provide and shall provide any medical verification required for the requested leave. Short-term disability leave is defined as leave that does not exceed 90 calendar days from the last day worked. Short-term disability leave shall be awarded concurrently with FMLA leave where appli- DATE ISSUED: 3/1/2013 6 of 9
S AND ABSENCES cable. An employee who returns to work at the end of the approved period of short-term disability leave (and concurrent FMLA leave where applicable) shall be returned to the same or substantially same position the employee held prior to the leave. Extended disability leave is defined as leave in excess of shortterm disability leave and may be granted, based on the physician s recommendation, for up to 90 additional calendar days. The total number of days granted as temporary disability and/or extended disability leave may not exceed 180 calendar days. Professional and paraprofessional employees who do not return to work at the end of short-term disability leave but who return to work no later than the end of the maximum 180-day period shall not be guaranteed return to their former position, but shall be placed in the first available position for which they are qualified upon return from approved extended leave. Classified employees who do not return to work at the end of the approved period of leave shall be subject to termination of employment. Professional and paraprofessional employees who do not return to work at the end of the maximum approved period of temporary disability leave shall be subject to termination of employment. Temporary disability leave, like FMLA leave, shall be unpaid leave. An employee may substitute accrued paid leave for the unpaid leave, but the substitution of paid leave for unpaid leave shall not extend the total period of leave. After an employee who is absent pursuant to an approved short-term disability leave (and concurrent FMLA leave where applicable) has exhausted all accumulated state and local leave, compensatory time, and vacation leave (if any), as well as any compensation from the employee sick leave bank, the employee may receive payment for an additional ten days at the rate of two-thirds the amount of the employee s daily base rate of pay. Employees returning from temporary disability leave shall provide, before resuming work, a fitness-for-duty certification from the employee s health-care provider. PROFESSIONAL The Board shall provide the opportunity for professional employees to advance their professional skills through graduate work at an accredited university. The Board has entered into collaborative partnerships with accredited universities to offer District employees opportunities to complete an advanced degree while continuing to work. DATE ISSUED: 3/1/2013 7 of 9
S AND ABSENCES Leave for professional improvement may be granted upon request to any professional employee who has three continuous years of service in the District as a professional employee and who has maintained at least a meets expectations appraisal for the last three years. An employee s request for leave for professional improvement may be granted for no more than one calendar year and no more frequently than once every five years. Professional improvement leave shall be granted without pay and the employee shall be responsible for costs associated with maintaining District benefits during the period of leave. An employee returning from professional improvement leave shall not be guaranteed that he or she will be restored to the position he or she held prior to the leave. The employee shall be placed in the first available position for which he or she is qualified and at the rate of pay applicable to that position. WORKERS COMPENSATION Note: Workers compensation is not a form of leave. The workers compensation law does not require the continuation of the District s contribution to health insurance. [See CRD regarding payment of insurance contribution during employee absences.] An absence due to a work-related injury or illness shall be designated as FMLA leave, temporary disability leave, and/or assault leave, as applicable. PAID OFFSET COURT APPEARANCES NEUTRAL ABSENCE CONTROL An employee eligible for workers compensation income benefits, and not on assault leave, may elect in writing to use available partial-day increments of paid leave to make up the difference between the employee s income benefits and the pre-injury wage. [See CRE] Absences due to compliance with a valid subpoena or for jury duty shall be fully compensated by the District and shall not be deducted from the employee s pay or leave balance. Prompt and regular attendance is an essential function of every District position. To assist employees, the District offers a comprehensive leave program that provides paid and unpaid leave to employees. Excessive absenteeism or abuse of any leave policy shall result in immediate disciplinary action, except where an additional period of leave is required as a reasonable accommodation of a disability. DATE ISSUED: 3/1/2013 8 of 9
S AND ABSENCES If an employee is unable to return to work after he or she has exhausted all periods of approved leave, employment shall be terminated. DATE ISSUED: 3/1/2013 ADOPTED: 9 of 9