COMPENSATION AND BENEFITS LEAVES AND ABSENCES

Transcription

1 Definitions Family The term immediate family is defined as: 1. Spouse. 2. Son or daughter, including a biological, adopted, or foster child, a son- or daughter-in-law, a stepchild, a legal ward, or a child for whom the employee stands in loco parentis. 3. Parent, stepparent, parent-in-law, or other individual who stands in loco parentis to the employee. 4. Sibling, stepsibling, and sibling-in-law. 5. Grandparent or grandchild. 6. Any person residing in the employee s household at the time of illness or death. For purposes of the Family and Medical Act (FMLA), the definitions of spouse, parent, son or daughter, and next of kin are found in A(LEGAL). Family Emergency Day Catastrophic Illness or Injury 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, life-threatening 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. Such conditions typically require prolonged hospitalization or recovery or are expected to result in disability or death. Conditions relating to pregnancy or childbirth shall be considered catastrophic if they meet the requirements of this paragraph. Life-threatening conditions, as defined by the American Medical Association, should be present at the time the leave is requested. Examples include: Acquired Immune Deficiency Syndrome, Addison s Disease, Amyotrophic Lateral Sclerosis, Cancer, Diphtheria, Encephalitis, Epilepsy, Heart Disease (as approved), Legionnaire s Disease, Lupus Erythematosus, Meningitis, Multiple Sclerosis, Muscular Dystrophy, Poliomyelitis, Reye s Syndrome, Rheumatic Fever, Rocky Mountain Spotted Fever, Sickle Cell Anemia, Tay- Sachs Disease, Tetanus, Toxic Epidermal Necrolysis, Tuberculosis, Tularemia, Typhoid Fever, and Whipple s Disease. DATE ISSUED: 12/18/ of 15 -X

2 Full-Time Employee Absence Reporting Availability Earning Local Deductions Without Pay Proration Employed for Less Than Full Year A full-time employee, for purposes of this policy, is defined as any District employee who is eligible for membership in the Teacher Retirement System (TRS). To be eligible for membership in the TRS, an employee must perform one-half or more of the standard work load at a rate comparable to the rate of compensation for other persons employed in similar positions. Absences should be reported as follows: 1. A teacher who is unable to report to work on any given day must report his or her absence no later than 6:00 a.m. on the day of the absence and must follow the designated procedures for reporting absences, as established by the campus administrator. 2. All other employees who are unable to report to work on any given day shall notify their immediate supervisor at least one hour before their scheduled workday. The District shall make state personal and local leave for the current year available for use at the beginning of the school year. However, state and local leave for the current school year can only be accessed after an employee has commenced work/active duty for that year. An employee shall not earn 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 the employee has 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. 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 prorated entitlement for the school year; and 2. Local leave the employee used but had not earned as of the date of separation. DATE ISSUED: 12/18/ of 15 -X

3 Employed for Full Year Recording 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. shall be recorded as follows: 1. For positions for which a substitute is normally required, leave shall be recorded in half-day increments, even if a substitute is not employed. 2. For positions for which a substitute is not normally required, leave shall be recorded in quarter-hour increments. 3. If the employee is taking intermittent FMLA leave, leave shall be recorded in one-hour increments. 4. If the employee chooses to offset leave against workers compensation benefits, leave shall be recorded in the amount used. If the employee wishes to obtain his or her full salary, leave can be used to offset. Order of Use Earned compensatory time shall be used before any available paid state and local leave. [See DEAB] 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 personal leave. Concurrent Use of 3. State sick leave accumulated before the school year. 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. Medical Certification An employee shall submit medical certification of the need for leave if: 1. The employee is absent more than five 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, Superintendent, or designee; DATE ISSUED: 12/18/ of 15 -X

4 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. Employees must comply with reasonable requests from the District to provide medical certification or clarification from the treating health-care provider(s), licensed to practice in the United States, if illness or injury is the reason for the leave request. Medical certification must be provided in increments of at least every 30 days or in more frequent intervals as requested by the District. Before an employee can return to work after any period of leave for personal illness or injury, the employee must submit to Risk Management a medical certification of the employee s ability to perform essential job functions by a health-care provider licensed to practice in the United States with whom the employee is currently being treated. Second Opinion State Personal Non-Discretionary Use Discretionary Use In the determination of any medical fact, the District may require that the employee obtain a second medical opinion, subject to legal and policy requirements. In this case, the employee shall be required to submit to a medical examination by a health-care provider designated by the District. The cost of the examination and report shall be paid by the District. The Board requires employees to differentiate the manner in which state personal leave is used: 1. Non-discretionary use of leave shall be used for the same reasons and in the same manner as state sick leave accumulated before May 30, [See (LEGAL)] Non-discretionary use includes leave related to the birth or placement of a child and is taken within the first year after the child s birth, adoption, or foster placement. 2. Discretionary use of leave is at the individual employee s discretion, subject to limitations set out below. DATE ISSUED: 12/18/ of 15 -X

5 Limitations Request for Duration of Schedule Limitations The employee shall submit a written request for discretionary use of state personal leave to the immediate supervisor or designee at least five days in advance in accordance with administrative regulations. 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. Discretionary use of personal leave shall be granted on a first-come, firstserved basis. However, in deciding to approve personal leave, the principal, department supervisor, or designee shall consider the effect of the employee s absence on the educational program or on District operations, as well as the availability of any necessary substitutes. Discretionary use of personal leave shall be considered granted unless the principal, department supervisor, or designee notifies the employee to the contrary within 48 hours of receipt of the request. Discretionary use of state personal leave shall not exceed five workdays. Due to the academic and operational impact on the District, it is unlikely discretionary leave will be approved for instructional staff on the following days: 1. A teacher s first five and last five teaching days of each semester; 2. The day before or after a school holiday; 3. Days scheduled for end-of-year exams; 4. Days scheduled for state-mandated assessments; or 5. Professional or staff development days. Local Local leave shall accumulate without limit. A full-time employee shall earn local leave based on his or her contract or assignment schedule as follows: (10 months) 5 days of local leave per year (11 months) 6 days of local leave per year (12 months) 7 days of local leave per year All full-time employees with an effective hired date of or prior to September 1, 2008, shall earn seven days of local leave per year after three years of service. DATE ISSUED: 12/18/ of 15 -X

6 Local leave shall be used according to the terms and conditions of state sick leave accumulated before the school year, except that an employee may donate local leave to a sick leave donation pool or contribute to the District s catastrophic sick leave bank. [See (LEGAL)] Bereavement (Funeral) Extended Sick An employee may also use local leave for absences related to the birth or placement of a child when leave is taken within the first year after the child s birth, adoption, or foster placement. If an employee has exhausted all compensatory time, paid leave, extended sick leave, and vacation, the employee may request up to five unpaid leave days for the death of an immediate family member. After all available state leave, local leave, and vacation time has been exhausted, a full-time employee shall be granted a maximum of five extended sick leave days per school year, through the Purchase Absence Program, under the following circumstances: 1. The absence is for the employee s personal illness or injury, including pregnancy-related illness or injury, for the illness or injury of a member of the employee s immediate family or for the death of an immediate family member; 2. The employee has otherwise complied with the District s attendance requirements; and 3. The employee submits, in a timely manner, a statement from a health-care provider licensed to practice in the United States, verifying the illness or disability, along with the District s Purchase Absence Form. If the absence is used in relation to the death of an immediate family member, the employee shall submit certification of the family member s death. Purchased Absences may be requested on an as-needed basis and cannot be purchased in advance for future absences throughout the school year. When the form is completed, the request should specify the days/hours that the employee is currently trying to purchase along with the attached documentation that supports the date(s) of absence(s). For professional employees, the average daily rate of pay of a substitute shall be deducted for each day of extended sick leave taken, whether or not a substitute is employed. For employees earning less than the daily rate earned by a beginning teacher on the bachelor degree schedule, an amount equal to one-fourth the individual employee s rate of pay shall be deducted for each day of extended sick leave taken. DATE ISSUED: 12/18/ of 15 -X

7 Sick Donation Pool Eligibility A full-time employee who meets the following eligibility conditions may request up to 30 local sick leave days per school year. A Donation of Days form must be completed, submitted to, and approved by the Risk Management Department. If the employee is unable to submit the request, a member of the employee s family or the employee s supervisor may submit the request to establish a Donation of Days Pool. The request, if approved by the Risk Management Department, may be filled by other District employees donations from the donating employee s accumulated local sick leave. To be eligible for the donation of days program, the employee must meet the following conditions: 1. The employee must exhaust all forms of paid leave, including compensatory time; 2. The employee must be employed with the District for a minimum of one year; 3. The employee must first purchase the maximum allotted leave days under the purchased absence policy before being eligible to qualify for donation of days; 4. The employee or an immediate family member must have a catastrophic illness or injury; 5. The employee must obtain individual approval for each incident of intermittent leave requested for a maximum of 30 days per contract/employment year; and 6. The employee must not be a member of the catastrophic sick leave bank. Appeal Each donating employee may donate a minimum of one day and a maximum of five days of local sick leave per his or her contract/employment year. To donate, an employee must have available local sick leave to cover the donation. The Donation of Days Pool shall cease to exist when the employee no longer needs the leave for the purpose requested, has used the maximum number of days allowed under the policy, or exhausts all leave days donated. Unused days shall be returned to the donors. Donation of days shall be a donor program based on goodwill; neither the prospective donors nor the District shall be responsible for fulfilling any or all of the days requested. All decisions regarding the establishment or implementation of the District s Donation of Days Pool may be appealed in accordance DATE ISSUED: 12/18/ of 15 -X

8 with DGBA, beginning with the Superintendent or designee. Catastrophic Sick Bank Eligibility Cancellation or Loss of Eligibility The District shall establish a catastrophic sick leave bank that fulltime employees may join through contribution of one day of local leave each school year. contributed to the bank shall be solely for the use of the participating employees. An employee who is a member of the bank may request leave from the bank if the employee or a member of the employee s immediate family experiences a catastrophic illness or injury and the employee has exhausted all paid leave. [See CATASTROPHIC ILLNESS OR IN- JURY on page 1] The catastrophic sick leave bank shall be administered in accordance with the following provisions and shall be for the use and the benefit of all eligible employees who participate in the bank. All full-time employees who wish to participate in the catastrophic sick leave bank must meet the following criteria: 1. Enrollment forms for new participants must be executed and submitted to the Risk Management Department no later than the last day of the annual benefit enrollment period. An employee hired after the annual benefit enrollment period may enroll when completing other employment paperwork. 2. Each participant must have one day of accumulated local leave as of August 1; however, a current participating member who has exhausted all local leave days at the time the day would be deducted from his or her bank shall be advanced one day, unless the participant notifies Risk Management in writing of his or her desire to no longer participate. 3. The participant or immediate family member must have been incapacitated for a period of at least 20 consecutive calendar days, and the employee must have exhausted all earned compensatory time, followed by all forms of paid leave. Catastrophic sick leave days shall be retroactive from the date the employee begins unpaid leave. 4. An employee using days from the bank shall be considered eligible for further bank usage after 45 calendar days following a return to work from any previous illness covered under the catastrophic sick leave program. 5. No employee may exceed the lifetime maximum benefit of one full employment year. Authorization by the employee shall continue from year to year until any of the following occurs: DATE ISSUED: 12/18/ of 15 -X

9 1. The participant voluntarily cancels his or her membership in the program by submitting a District-approved form to the Risk Management Department; 2. The participant s employment is terminated; 3. The participant is in a period of unpaid suspension; 4. The participant s use of the bank would exceed the lifetime maximum benefit of one full contract year, regardless of the number of days in the contract; or 5. The participant otherwise loses eligibility, as determined at the discretion of the District. Application for Catastrophic Sick Appeal Any contribution to the bank shall not be returned to the employee upon cancellation or ineligibility of membership, and the employee shall have no further claim to the bank. Application for use of the bank (and any requests for extensions) must be made on the required District form(s) and must be submitted to the Risk Management Department within 45 calendar days from the first date the participant becomes eligible. All applications/extensions must be accompanied by a District medical certification form completed by a health-care provider who is licensed to practice in the United States. The eligible participant shall receive paid workdays from the bank in a number not to exceed his or her contract/work assignment per rolling 12-month period. In no case shall the granting of leave from the bank cause a participant to receive more than his or her annual rate of salary. In the event an employee s incapacity is of such a nature that he or she cannot personally apply for the catastrophic sick leave, his or her application may be submitted to the Risk Management Department by his or her immediate family member or designee. Catastrophic sick leave grants shall be in units of not more than 30 consecutive working days but may be extended for a maximum number of days allotted under the catastrophic sick leave program. Participants must submit requests for extension(s) of the leave bank prior to the expiration of their previously approved leave. All decisions regarding the sick leave bank may be appealed in accordance with DGBA, beginning with the Superintendent or designee. DATE ISSUED: 12/18/ of 15 -X

10 Family and Medical Twelve-Month Period Combined for Spouses Intermittent or Reduced Schedule Certification of Fitness-for-Duty Certification End of Semester Failure to Return Temporary Disability 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)] 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), LEAVE AT THE END OF A SEMES- TER] 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 A (LEGAL), RECOVERY OF BENEFIT COST] 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.] 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. DATE ISSUED: 12/18/ of 15 -X

11 Unpaid Personal Illness for Paraprofessional and Noncertified Employees A full-time employee not eligible for temporary disability leave mandated by state statute [see (LEGAL)] may be eligible for a maximum length of unpaid leave, including FMLA leave, not to exceed 12 months for a personal injury/illness that prevents the employee from performing the essential functions of the job. The employee may elect to continue, at his or her own expense, the District s group insurance plan according to COBRA guidelines. [See CRD ] Each application for such unpaid personal illness leave must be submitted in writing to Risk Management. The application must include all pertinent information and supporting evidence needed in order for Risk Management to make a decision regarding granting the leave. Each request shall be reviewed and considered on a case-by-case basis. As a condition of employment, an employee shall agree that he or she will have voluntarily resigned if he or she is unable to return on or before the anniversary date of one year from the date he or she started his or her leave, or the exhaustion of all leave, beyond 12 months, whichever comes first. An employee who has been granted unpaid personal illness leave may be eligible for reinstatement if: 1. The position is still available; and 2. The employee reports to the Risk Management Department within three days following full release by the current treating physician. If the position the employee vacated is unavailable at the time the employee requests reinstatement, the employee will be required to apply for a subsequent vacancy along with other applicants. If after the 90 days the employee is not hired, the employee shall be recommended for termination from the District. Additional Developmental Absence for Presidents of Local Organizations Short-Term Local teacher employee associations recognized by the District may request leave from regular teaching duties for the person serving as president of the local teacher employee association, provided she or he has a teaching contract. may be shortterm or long-term as described below. The president of the local teacher employee association shall be paid at the regular daily rate for the days absent, and the local teacher employee association shall reimburse the District for all costs involved in granting the leave. Written requests for short-term leave, up to a maximum of 15 days per school year, must be submitted to the Superintendent or designee for approval at least 30 days in advance of the designated DATE ISSUED: 12/18/ of 15 -X

12 leave. Approved days shall not be deducted from the employee s leave balance. An employee who is granted short-term leave shall not be eligible for long-term leave. Long-Term Absences for Officers of Local Organizations of Absence for Professional Study The Board may grant a request for long-term leave for a period of up to two years for the president of a local teacher employee association. If the Board grants the leave, the District shall prepare and execute a one-year contract with the teacher employee association, which may be renewed once. The president of the teacher employee association shall be considered a regular employee of the District, shall be paid at the rate and schedule of pay to which he or she is entitled to receive during the school year, and shall not be deprived of any benefit that would normally accrue. The approved leave shall be at no cost to the District. The contract shall require the local teacher employee association to indemnify and reimburse the District, on or before June 1 of the year of the leave, for the total salary, benefits, and all other payments incurred by the District. If the District is required to pay the teacher retirement contribution for the amount of the annual salary that is above the minimum state salary, the local teacher employee association shall be required to reimburse the District for the amount paid to the teacher retirement system. An employee requesting leave under this section shall not be eligible to request short-term leave. Local teacher employee associations recognized by the District may request leave from regular teaching duties for any person serving as an officer of the local teacher employee association, provided the person serving as an officer has a teaching contract. The employee must supply information about the conference/meeting and justify the administrative and/or instructional, school-related purpose to be accomplished. Individual requests to attend professional conferences/meetings must be submitted to the Superintendent or designee for approval prior to the scheduled meeting date, with a recommendation from the employee's principal and/or immediate supervisor. The approved leave shall be at no cost to the District. The total leave for professional absence may not exceed 15 days per school year. Approved days shall not be deducted from the employee s leave balance. A full-time employee wishing to take an unpaid developmental leave of absence must meet the following criteria: 1. Complete five consecutive years of employment in the District; 2. Be enrolled in an approved graduate program for a minimum of nine hours during each of the fall and spring semesters, with classes that conflict with the designated work schedule; DATE ISSUED: 12/18/ of 15 -X

13 3. Have an approved advanced degree plan on file in the District s personnel office; 4. Give timely notice to his or her principal and/or immediate supervisor of the intent to apply for a developmental leave of absence; 5. Submit a written request on a District-approved form prior to June 1 for a leave commencing during the next school year; 6. Provide proof of registration in an educational institution; 7. Obtain approval from the Superintendent or designee; and 8. Submit proof of coursework completed during the leave of absence by no later than 30 days after return to employment. Exceptions to these requirements must be approved in writing by the Superintendent or designee. During the leave, the employee may continue participation in the employee health-care program by paying premiums one month in advance. [See CRD] Prior to the end of the school semester, the employee must notify the Risk Management Department in writing of whether or not the employee plans to return to his or her position in the District and his or her expected date of return. At the completion of the leave, the employee shall be assigned to the same campus, provided a vacancy is available in an area for which the employee is certified. The employee shall not be reinstated and benefits shall be forfeited if any of the following occur: 1. The position is not available on the same campus at the time the employee requests reinstatement. (In that event, the employee shall be required to apply for a subsequent vacancy, if any, along with other applicants.) 2. The employee applying for vacancies in accordance with item 1, above, is not hired within 90 days. (In that event, the employee may be recommended for termination from the District.) Workers Compensation 3. The employee fails to give timely notice of the intent to return. 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 DATE ISSUED: 12/18/ of 15 -X

14 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 Reimbursement of Upon Retirement 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 net 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. Absences for court appearances related to an employee s personal business and not in response to a valid subpoena shall be deducted from the employee s leave balance or taken as leave without pay. A District employee whose employment began with the District on or before August 31, 1996, and who retires from the District under the TRS shall be eligible for the following benefits: 1. The eligible employee shall receive payment for accumulated sick leave as provided below, after the District receives documentation that the retiring employee has received and negotiated the initial TRS annuity payment. 2. The accumulated sick leave shall be paid based on the employee s last rate of pay but not at a rate higher than the master degree teacher s salary scale with Career Ladder 2. In no case shall an employee receive compensation exceeding 80 days of accumulated paid leave. The employee shall submit a written request and proof of retirement wages to the District no later than 180 days following separation from the District to be eligible for reimbursement. In the event of death of a District employee who is eligible for paid leave, the District shall pay the beneficiary or the estate of that employee for all unused absence and sick leave as provided above for retired employees. Employees who work for any other district immediately before retirement under TRS shall not be eligible. DATE ISSUED: 12/18/ of 15 -X

15 Neutral Absence Control If an employee does not return to work after exhausting all available paid and unpaid leave, the District shall provide the employee written notice that he or she no longer has leave available for use. The District shall automatically pursue termination of an employee who has exhausted all available leave, regardless of the reason for the absence [see DF series]. The employee s eligibility for reasonable accommodations, as required by the Americans with Disabilities Act [see DAA(LEGAL)], shall be considered before termination. If terminated, the employee may apply for reemployment with the District. DATE ISSUED: 12/18/2015 ADOPTED: 15 of 15 -X