FAYETTE COUNTY BOARD OF EDUCATION Fayetteville, West Virginia

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1 Page 1 FAYETTE COUNTY BOARD OF EDUCATION Fayetteville, West Virginia Board Policy: PERSONAL LEAVE Adopted: November 30, 1976 (Retroactive to July 21, 1975) Revised: July 3, 1979 October 20, 2008 December 14, 1982 June 18, 2012 February 20, 1989 March 10, 2014 October 14, 1991 June 2, 2014 March 16, 1993 May 19, PURPOSE. This policy sets forth the rules and regulations of the Fayette County Board of Education (FCBOE) concerning employee personal leave, vacation leave and leaves of absence. At the beginning of the employment term, any full-time employee shall be entitled annually to at least one and one-half days personal leave for each employment month or major fraction thereof in the employee s employment term. Regular half-time employees are entitled to personal leave at a rate equal to one-half the rate awarded to full-time employees. Unused personal leave shall be accumulated without limitation and shall be transferable within the state. A change in job assignment during the school year shall in no way affect the employee s rights or benefits. 2. COVERAGE. Employees shall qualify to use accumulated personal leave for the following reasons: 2.1. Personal/Family Incapacitation. Personal incapacitation is defined as the inability to pursue an occupation or perform services for wages because of physical or mental impairment that exists for a limited time After an employee s absence for personal incapacitation, not covered by a doctor s statement, exceeds a total of three (3) consecutive work (pay) days, a doctor s statement is required. However, an employee s immediate supervisor may request a doctor s excuse for absences whenever deemed advisable, including, but not limited to, suspicious

2 Page 2 patterns of sick leave taken by the employee or suspected abuse of the sick leave policy. The doctor s statement must state the date the employee became incapacitated and the date the employee will be able to return to work. Pay will be restricted to this period of time Personal leave necessary due to personal incapacitation may begin when an employee is no longer carrying out regular duties in a satisfactory manner and has refused to refrain from attempting to work. Such leave shall be effective upon the recommendation of the superintendent with the approval of the FCBOE. Employees on a required personal leave may return to duty when a doctor designated by the FCBOE certifies, in writing, that the employee is able to resume regular duties Illness of Family Member(s) or Person Living in the Same Household. Personal leave necessary due to the illness or injury of an employee s spouse, child, parents, or person living in the same household as the employee which keeps the employee from his/her regular work. After an employee s absence for illness of family member(s) or person living in the same household, not covered by a doctor s statement, exceeds a total of three (3) consecutive work (pay) days, a doctor s statement is required. However, an employee s immediate supervisor may request a doctor s excuse for absences whenever deemed advisable, including, but not limited to, suspicious patterns of sick leave taken by the employee or suspected abuse of the sick leave policy. The doctor s statement must state the date the family member(s) or person living in the same household became incapacitated and the date the employee will be able to return to work. Pay will be restricted to this period of time In those instances when personal doctor appointments cannot be scheduled so as not to conflict with school or working hours, the employee must submit a doctor s statement upon his/her return to work Death in the immediate family of the employee. Immediate family is defined as parents, parentsin-laws, children, son/daughter-in-law, brother, sister, brother/sister-in-law spouse, grandparents, grandchildren, step-parents/children/brothers/sisters, or any relative living in the same household. Three (3) consecutive days from personal leave are allowed for each occurrence in the immediate family. One (1) day is allowed for the death of any other relative. Upon request for and approval by the employee s immediate supervisor, two (2) additional consecutive days from personal leave may be granted when needed for above eligible claim Without Cause Days. Each employee shall be entitled to earn three (3) days per school year of accumulated personal leave as without cause leave.

3 Page Without cause personal leave may not be taken on consecutive work days unless authorized or approved by the employee s principal or immediate supervisor. Without cause personal leave may not be taken in conjunction with sick leave unless approved by the superintendent Notice of without cause leave shall be given to the employee s principal or immediate supervisor, at least twenty-four hours in advance, except that in the case of sudden and unexpected circumstances, such notice shall be given as soon as reasonably practicable The use of a without cause day may be denied if, at the time notice is given, either fifteen percent of the employees or three employees, whichever is greater, under the supervision of the principal or immediate supervisor have previously notified the principal or immediate supervisor of their intention to use that day for such leave Without cause leave shall not be used in connection with a concerted work stoppage or strike Each employee shall be entitled to carry over up to three unused personal leave without cause days, provided however, that an employee may not accrue more than six personal leave without cause days Life Threatening Illness Employee, Spouse, Parents, or Child Personal leave may be granted for reason of life threatening illness of the employee and/or a spouse, parents, or child. This leave may be granted for the period in which the employee has accumulated sick leave not to exceed one year Life threatening illness of the employee and/or a spouse, parents, or child must be verified, in writing, by the attending physician or health care provider Family and Medical Leave, Maternity/Paternity Leave, Medical Leave A school employee shall be entitled to a total of twelve weeks of Family and Medical Leave during any twelve-month period if s/he meets the minimum statutory hours, days and months for such benefit, for the following reasons: a. For incapacity due to pregnancy, prenatal medical care or childbirth; b. To care for the employee s son or daughter after birth, or placement for adoption or foster care;

4 Page 4 c. To care for a spouse, son, daughter, dependent or parent who has a serious health condition; d. For a serious health condition that makes the employee unable to perform the employee s job; or e. For qualifying exigencies arising out of the fact that the employee s spouse, son, daughter, or parent is on active duty during the deployment to a foreign county or call to active duty status as a member of the National Guard, Reserves or Armed Forces The FCBOE currently provides paid and unpaid leave of varying lengths, depending on the nature of the absence, insurance coverage, and individual circumstances. Employees will be required to exhaust all annual or personal leave prior to taking twelve weeks of unpaid family leave. (W.Va. Code 21-5D-4) Prior to the request for a family/medical leave of absence, any employee planning on using accumulated days for paid leave are encouraged to contact the West Virginia Retirement Board so he/she may be better informed as to how this may affect his/her retirement Additional details regarding Family and Medical Leave are set forth in FCBOE Policy B- 35: Family and Medical Leave Policy and Notice of Employee Rights and Responsibilities Vacation Leave All full-time, 261-day contract employees shall be eligible for vacation leave Vacation leave shall be accrued based upon the following years of service with the Fayette County school system as a regular (permanent) employee. Years of service shall be calculated as of July 1 of each year. Years of Service Annual Allotment days days days

5 Page Beginning July 1, 2019, an employee may accumulate and carry over no more than 40 days of vacation leave from one fiscal year (July 1 June 30) to the next The following transition period will be used to reduce current accrued, unused vacation leave days to no more than 40 accrued vacation days a b c d e. At the close of the 2015 fiscal year (June 30, 2015), no employee shall carry over more than 210 unused vacation days. All unused vacation days in excess of 210 shall be forfeited on July 1, At the close of the 2016 fiscal year (June 30, 2016), no employee shall carry over more than 160 unused vacation days. All unused vacation days in excess of 160 shall be forfeited on July 1, At the close of the 2017 fiscal year (June 30, 2017), no employee shall carry over more than 110 unused vacation days. All unused vacation days in excess of 110 shall be forfeited on July 1, At the close of the 2018 fiscal year (June 30, 2018) no employee shall carry over more than 60 unused vacation days. All unused vacation days in excess of 60 shall be forfeited on July 1, At the close of the 2019 fiscal year (June 30, 2019), no employee shall carry over more than 40 unused vacation days. All unused vacation days in excess of 40 shall be forfeited on July 1, All vacation leave must be approved in advance by an employee s immediate supervisor Vacation leave may be taken in no less than one-half (1/2) day increments It shall be the responsibility of all supervisory personnel to monitor vacation leave so as to maintain an adequate work force. Therefore, supervisory personnel may establish a vacation schedule in order to assist employees in using accumulated vacation leave while preserving equity and retaining an adequate work force Upon separation from employment, an employee may elect to receive a lump sum payment based upon the employee s daily rate of pay for the amount of accumulated vacation leave allowable on the date of separation from employment, or elect to convert said allowable amount of accumulated vacation leave to any benefit authorized by state law. The estate, surviving spouse or dependents, as the case may be, shall have the same options with respect to the allowable amount of accumulated vacation leave of a deceased employee.

6 Page In accordance with W. Va. Code , county boards of education are to provide for seven school holidays within the minimum 200 day employment term. As such, all employment terms of FCBOE employees who do not hold a 261-day contract will include only seven paid school holidays Worker s Compensation In accordance with W. Va. Code 18A-4-10 and the rules and regulations of the West Virginia Board of Education, employees who are awarded Workers Compensation benefits shall have their payment for sick leave benefits reduced by the amount of such award. The employee s accrued personal leave days shall be charges only for such days as equal the amount of personal leave compensation required to compensate the employee at the employee s regular rate of pay When an employee is absent from work five or more consecutive days because of an injury ruled compensable by the West Virginia Compensation Commissioner, the employee shall furnish a back to work authorization from the attending physician to his/her immediate supervisor before commencing duties. A copy of the release shall also be attached to the Report for Personal Leave form Military Leave. The FCBOE will adhere to the leave requirements as specified in W. Va. Code 15-1F Advanced Study and Graduate Work. The FCBOE may grant a leave of absence for up to one year for professional and service personnel to pursue post-secondary education in an education-related field. Leave may be granted provided the employee requesting leave pursues a minimum of 12 semester hours (undergraduate) or a minimum of 9 semester hours (graduate) of college/university training per semester of granted leave. At the beginning of each semester for which leave is granted, the individual granted leave must provide a copy of proof of payment for registration within the required number of course hours. Completed coursework must be verified each semester by submission of an official transcript to the Superintendent of Fayette County Schools. During the duration of the granted leave, failure on the part of the individual on leave to provide either the required proof of payment for registration or the required transcript will nullify the leave in question, render the individual in neglect of duty, and may result in termination of employment When an employee is unable to reach his/her assigned work location because of closed roads, the employee must stand in readiness to report to work as soon as the closed road is open if school is still in session. When an employee is prevented from reporting to work due to closed roads, such payable absence is not deducted from personal leave.

7 Page When personal leave is needed, prompt notification should be given prior to the start of the employee s work day in order to have the work covered An employee may request a leave of absence for a maximum of one year only. A leave of absence for up to one year may only be granted upon the formal written request of the employee to the Superintendent and receipt of approval for such absence from the FCBOE. Should an employee be unable to return to work after one year, his/her employment by Fayette County Schools will be reviewed with the result being possible termination An employee who returns from an FCBOE-approved leave of absence that extended for a period of one year or less shall be reemployed by the FCBOE with the right to be restored to the same assignment of position or duties held prior to the approved leave of absence. Such employee shall retain all seniority, rights and privileges which had accrued at the time of the FCBOE-approved leave of absence, and shall have all rights and privileges generally accorded employees at the time of the reemployment Employees who are on a leave of absence shall notify the Director of Personnel in writing no later than March 1 if they wish to return to work from the leave of absence for the ensuing school year Employees who exhibit one or more of the following behaviors will be subject to the provisions of this section: Absences that reflect a pattern such as, but not limited to, days before/after holidays, pay day, or weekends; Absences during unresolved situations with parent(s) and/or supervisory personnel; Failure to notify the immediate supervisor of the employee s intended absence from work; Absences in excess of the number of personal leave accrued for that employee; and Absences in excess of fifteen (15) days in one school year. A conference will be held between the immediate supervisor and the employee to discuss the employee s absences. At that time, the employee may provide documentation and/or explanation relative to his/her absence(s). Documentation should include dated authorization from a professional healthcare provider and/or written accounting of each day s absence and reason thereof including emergency illness of employee or family member, episode of documented chronic illness of employee or family member, or bereavement-related causes. Upon proper

8 Page 8 documentation/explanation of the reason for the absence(s), the only action to be taken will be a continuation of the monitoring of the employee attendance. Any inappropriate use of sick leave or excessive absenteeism will be subject to disciplinary action in the form of a written warning, a suspension and/or termination. Employees who take sick leave are expected to devote their full attention to recuperation and return to work at the earliest possible date. Alternative employment and recreational or sporting activities are generally prohibited while taking sick leave. Activities, independent of the illness or condition for sick leave is taken, that render an employee unavailable for work are generally prohibited. Employees who undertake the following activities, while on sick leave, will be subject to disciplinary action: a. Undertaking any other employment or self-employment activities b. Undertaking activities that may aggravate the condition for which the employee is taking sick leave or activities that are inconsistent with the reasons for being absent (e.g. performing heavy labor while off with a back injury) c. Undertaking a vacation or out-of-town travel that is not required for medical reasons d. Attending school or other training programs (except programs prescribed as rehabilitation for the injury or condition for which the employee is taking sick leave, approved in advance by the Superintendent). e. Engaging in recreational or sporting activities outside the residence of the employee An employee who fails to report to work for three consecutive days and fails to notify his/her immediate supervisor of the absence and the reasons thereof and fails to report the absence to the substitute calling system is considered to have committed gross misconduct and shall be subject to disciplinary action up to and including termination All professional and service employees of the FCBOE shall record their absences in the substitute calling system whether or not substitute coverage is necessary. 3. PERSONAL LEAVE CLAIM FORM AND DOCTOR S STATEMENT When absent, all employees, regardless of the type of absence, must complete a Personal Leave Claim Form and submit it to their immediate supervisor the day the employee returns to work. All Leave Claim Forms are to remain at the school/department.

9 Page Personal Leave Claim Forms and Doctor s Statement Forms may be obtained from the employee s immediate supervisor The signature of the immediate supervisor is required in order to consider payment of claim. The principal is the immediate supervisor of a school In the event that an employee has not returned as of the end of the payroll period and the immediate supervisor has ascertained that the applicant is entitled to pay for the days involved, the form may be signed by the supervisor The employee is responsible for seeing that any required doctor s statement is presented to the employee s immediate supervisor for inclusion with each payroll submission. 4. BENEFITS Personal Leave is accumulated at the rate of 1 ½ days per month of employment. Accumulation of personal leave is unlimited In accordance with W. Va. Code 18A-4-10, If an employee uses personal leave which the employee has not yet accumulated on a monthly basis and subsequently leaves the employment, the employee is required to reimburse the board for the salary or wages paid for the unaccumulated leave Personal leave is transferable between West Virginia county boards of education. 5. SEVERABILITY. If any provision of this policy or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this policy.

10 Page 10 Fayette County Schools Claim for Personal Leave (Please see FCBOE Policy B-34) SCHOOL USE ONLY (To be submitted to office upon the day of your return to school) Name of Employee: ID #: I hereby certify that during the pay period beginning and ending, I was absent from work a total of days due to: Personal Illness / Injury: (Attach Physician s statement for leaves in excess of three (3) consecutive days.) Without Cause: (Limited to employee s available WC balance not to exceed six (6) days per fiscal year. Prior approval required.) Date(s)/Type(s) of absence(s): Death in Immediate Family: (Limited to three (3) consecutive days with two (2) additional days upon Supervisor s approval. One (1) day is allowed for death of any other relative.) Life Threatening Illness: (Leave granted for reason of life threatening illness of spouse, parents, or child, must be verified in writing by the health care provider.) Professional Leave: (Will not be deducted from Sick/Personal Leave Days. Prior approval required.) Signature of Employee Signature of Supervisor Date Date

11 Page 11 Fayette County Schools Claim for Personal Leave (Please see FCBOE Policy B-34) CENTRAL OFFICE USE ONLY Name of Employee: ID #: I hereby certify that during the pay period beginning and ending, I was absent from work a total of days due to: Personal Illness / Injury: (Attach Physician s statement for leaves in excess of three (3) consecutive days) Without Cause: (Limited to employee s available WC balance not to exceed six (6) days per fiscal year. Prior approval required.) Vacation: (Prior approval required.) OSE: (Limited to specified number each year. Supervisor s prior approval required.) Date(s)/Type(s) of absence(s): Death in Immediate Family: (Limited to three (3) consecutive days with two (2) additional days upon Supervisor s approval. One (1) day is allowed for death of any other relative.) Life Threatening Illness: (Leave granted for reason of life threatening illness of spouse, parents, or child, must be verified in writing by the health care provider.) Professional Leave: (Will not be deducted from Sick/Personal Leave Days. Prior approval required.) Signature of Employee Signature of Supervisor Date Date