DATE ISSUED: 9/28/ of 9 LDU DEC(LOCAL)-X

Transcription

1 Definitions Catastrophic Illness or Injury Extended Sick Immediate Family Family Emergency Fitness-for-Duty Certificate Kronos Year 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. Extended sick leave may be granted to an employee who has exhausted all other leave as a result of a catastrophic illness or injury to the employee or a member of the employee s immediate family, to a maximum of 30 days of paid leave. For the purposes of state sick leave accrued before May 30, 1995, and local leave, the term immediate family shall include: 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, sibling-in-law. 5. Grandparent and grandchild. 6. Any person who may be 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). 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 fitness-for-duty certificate shall be used as documentation to support an employee s ability to perform essential duties of the assigned position. Kronos shall be the automated time and attendance system used to maintain attendance and to charge leave for certain employees. For the purposes of this policy, a leave year is defined as the period of July 1 through June 30 of the next calendar year. DATE ISSUED: 9/28/ of 9

2 Medical Certificate of Health-Care Provider Paid Premium Proportionate Paid Retirement Substitute Employee Management System Subpoena Summons Unpaid Status Parenting A medical certificate from a health-care provider shall be used as documentation to identify a serious illness or injury. A model form developed by the Department of Labor may be used by the District for this certification. Paid leave is a period of leave for which an employee receives his or her usual compensation. This status results from the employee s use of earned leave or grant of other paid leave status such as excused school business. A premium is a monthly charge for a specified insurance plan. The premium may be paid completely by the District or by the employee or divided between both depending on the plan and coverage level. Charges to the employee may be payroll deducted or paid directly to the District payroll office in situations where the employee is not earning pay. Proportionate paid leave is any period of time for which an employee is paid a proportion of his or her normal wage or salary. This status may result from coordination of leave benefits by an employee drawing workers compensation benefits or when an employee is approved for extended sick leave benefits. Retirement is a separation of employment from the District with concurrent approval for retirement benefits by the Teacher Retirement System of Texas (TRS). The term does not include resignation from the District with the intent to apply for retirement benefits at a later date. The Substitute Employee Management System (SEMS) is an automated system used to maintain attendance and to charge leave for professional and classified category employees. A subpoena is a written command to a person to testify before a court or be punished. A summons is a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes. Unpaid status is a period of time for which an employee does not receive compensation. This status may result from the employee being on approved but unpaid leave, unexcused absence, or unpaid leave pending administrative decision. Some types of unpaid status may subject an employee to disciplinary action. Parenting is the process by which a natural, adoptive, or foster parent bonds with a newborn, adopted, or foster child. This bonding process may be eligible for FMLA leave during the first year of DATE ISSUED: 9/28/ of 9

3 a child s birth or during the first year after placement of a child with adoptive or foster parents. Workday Absence for Bereavement (Funeral Attendance) State Personal Nondiscretionary Use Discretionary Use Limitations Request for Duration of A "workday" for purposes of earning, use, or recording shall mean the number of hours per day equivalent to the employee's usual work assignment, whether full-time or part-time. Approved leave for death in the immediate family shall be limited to no more than five workdays for each occurrence, subject to the approval of the District. Employees may use any available leave for such an absence. If no leave is available to an employee, the absence shall be without pay. For purposes of this section, each employee shall earn state personal leave up to the statutory maximum of five workdays annually at the rate established in administrative regulations. The Board requires employees to differentiate the manner in which state personal leave is used as follows: 1. Nondiscretionary use of leave shall be for the same reasons and in the same manner in which state sick leave accumulated before May 30, [See (LEGAL)] Nondiscretionary use also includes leave for well-baby care within the first year after birth, adoption, or placement of a child. 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 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. The supervisor or designee shall, however, consider the effect of the employee s absence on the educational program or District operations, as well as the availability of substitutes. An employee may take no more than five discretionary personal days during a school year. Discretionary use of state personal leave shall not exceed three consecutive days. Discretionary leave shall not be permitted on the first or last day of school for campus-assigned employees, the day immediately preceding or following a school holiday, a staff development day, or at any other time the employee's presence is deemed critical for the DATE ISSUED: 9/28/ of 9

4 operation of the school/department by the principal/supervisor. Requests for approval of exceptions to these general rules shall be presented in writing to the assistant superintendent for human resources, prior to the absence. Recording Order of Use Earning Availability For positions for which the SEMS is normally used to record attendance, leave shall be recorded in half-day increments, even if a substitute is not employed. For positions for which KRONOS is normally used to record attendance, leave shall be recorded on an hourly basis. If the employee is taking intermittent FMLA leave, leave shall be recorded in one-hour increments. 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 or 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 sick leave accumulated before the school year. 3. State personal leave. 4. Vacation. Discretionary leave shall be charged to state personal leave. 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. When an employee has used more leave than he or she has earned, the District shall deduct the cost of unearned leave days from the employee s final paycheck for the year or from the last paycheck after the employee ceases to be employed by the District. If the final paycheck does not allow for full reimbursement of the cost of unearned leave days, then the employee shall reimburse the District for any additional amount owed within 30 days of separation from employment. The District may seek recovery of such reimbursement through other means of legal recourse. The District shall make paid leave for the current year available for use at the beginning of the employee s work calendar year. DATE ISSUED: 9/28/ of 9

5 The District shall not approve paid leave for more workdays than have been accumulated in prior years plus those to be earned during the current year. Any absences beyond available paid leave shall result in deductions from the employee s pay and may result in disciplinary action. Local Court Appearances Temporary Disability Workers Compensation All employees shall earn up to seven workdays of paid local leave per school year in accordance with administrative regulations and based on the employee s work calendar. Local leave shall accumulate without limit. Local leave shall be used according to the terms and conditions of state sick leave accumulated before the school year. [See (LEGAL)] Local leave may also be used for absence associated with adoption of a child. 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. Any employee, other than a substitute employee, temporary employee, or an employee assigned to a position of less than 20 work hours per week shall be eligible for unpaid temporary disability leave when the employee's medical condition interferes with the performance of regular duties. The maximum length of temporary disability leave shall be 180 consecutive calendar days. Temporary disability leave shall be used concurrently with all other types of leave. [See DBB for temporary disability leave placement and (LEGAL) for reinstatement.] An employee s notification of need for extended absence due to the employee s own medical condition shall be forwarded by the employee to the Superintendent or designee as a request for temporary disability leave. 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 may be designated as FMLA leave. DATE ISSUED: 9/28/ of 9

6 Paid Offset Family and Medical Twelve-Month Period Concurrent Use of Combined for Spouses Intermittent or Reduced Schedule Medical Certification 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] For the purposes of an employee s entitlement to FMLA leave, the 12-month period shall be July 1 through June 30. 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 any other paid or unpaid leave, and 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 workrelated injury or illness may be designated as 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 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 medical necessity.] If an employee requests leave, the employee shall provide certification of the need for leave. [See A(LEGAL)] 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 DATE ISSUED: 9/28/ of 9

7 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. Fitness-for-Duty Certification End of Semester Failure to Return Professional Development of Absence Working While on 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 Semester] If, at the expiration of a period of FMLA leave, the employee is able to return to work but chooses not to do so, the District shall require reimbursement of the employee benefits contribution made by the District during the period in which such leave was taken without pay. [See A(LEGAL), Recovery of Benefit Cost] An employee who is not on probationary status may be granted leave without pay for the purpose of professional development. Such leave shall generally not exceed one calendar year, although a shorter term may be granted upon approval by the Superintendent. Professional development leave is to be used to pursue additional certification or study at an accredited college or university or for other professional development activities that are approved by the Superintendent. The District has chosen not to grant developmental paid leaves of absence under Education Code shall not be granted for online or correspondence courses, and all leave must be approved by the Superintendent. While on any type of leave status with the District, the employee may not perform work for the District or any other employer, including self-employment, in any capacity except as approved by the directors of employee benefits and risk management as part of an approved return-to-work or transitional duty assignment with the District. Exceptions may also be granted by the directors of employee benefits and risk management for employees on approved profession- DATE ISSUED: 9/28/ of 9

8 al development leaves to perform substitute work in District schools. Working during a leave of absence shall be considered a violation of the District s leave policy and may be grounds for immediate termination of at-will employees or recommendation of termination for contract employees. Sanctions for Abuse Extended Sick Program Reimbursement for All employee leave is provided for the specific purpose stipulated in this policy. It is not intended to be used as a vacation or for mere convenience. Except for discretionary state personal leave, documentation may be required for any absence at the discretion of the Superintendent or designee. Abuse of the employee leave program is a violation of District policy and may result in disciplinary action up to and including loss of pay, suspension, demotion, or termination of employment, in accordance with appropriate District policies. [See DCD and the DF series] After all available state and local leave days have been exhausted, an employee shall be granted a maximum of 30 workdays of extended sick leave to be used for the employee s catastrophic illness or injury, including pregnancy-related illness or injury, or for absences related to the catastrophic illness or injury of a member of the employee s immediate family. To be eligible for extended sick leave, the employee shall have been absent at least five workdays without pay. A written request for extended sick leave must be accompanied by medical certification of the illness or injury. Thirty percent of the employee s daily rate of pay shall be deducted for each day of extended sick leave taken, whether or not a substitute is employed. The following leave provisions shall apply to state and local leave. An employee who retires from the District and the TRS concurrently, or whose employment ends as a result of the employee s death, shall be eligible for reimbursement for state and local leave under the following conditions: 1. The employee s separation from employment is voluntary, i.e., the employee is retiring and is not being discharged or nonrenewed. 2. The employee provides advance written notice of intent to retire from employment. Contract employees must provide written notice at least 90 days before the last day of employment. DATE ISSUED: 9/28/ of 9

9 Noncontract employees must provide written notice at least two weeks before the last day of employment. 3. The employee dies. 4. The employee has at least one day of available state or local leave. The employee shall be reimbursed for each day of state or local leave at a rate established by the Board. If the employee is reemployed with the District, days for which the employee received payment shall not be available to that employee. The rate established by the Board shall be in effect until the Board adopts a new rate. Any changes to the rate shall apply beginning with the school year following adoptions of the rate change. Excessive Absences Employees who have excessive absences during the school year may be recommended for nonrenewal or termination in accordance with this policy, other applicable policies, and applicable law. [See DCD and DF series] Excessive absence shall mean failure to appear for work when no leave applies to the absence and the absence is not excused on any other basis provided in law or District policy. Elective leaves, if any, shall apply to and excuse an absence when the leave has been duly elected by the employee and approved by the District, and the absence qualifies for and falls within the leave period. DATE ISSUED: 9/28/2017 ADOPTED: 9 of 9