COMPENSATION AND BENEFITS LEAVES AND ABSENCES

Transcription

1 Definitions Family 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 Leave Act, the definition of family includes only spouse, parent, and child. Family Emergency Workday State Personal Leave Rate of Accrual Types of State Personal Leave Discretionary Non- Discretionary Use of Discretionary Leave Request for Leave 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 workday for purposes of accumulation, use, or recording shall mean the number of hours per day equivalent to the employee s usual assignment, whether full time or part time. Each employee shall earn state personal leave, in workdays, at the rate of one-half a workday for each 18 workdays of employment, up to the statutory maximum of five workdays annually. The Board requires employees to differentiate between uses of personal leave: 1. To be taken at the individual employee s discretion, subject to limitations set out below. 2. To be used for the same reasons and in the same manner as state sick leave accumulated prior to May 30, [See (LEGAL)] A written request for use of discretionary personal leave shall be submitted to the immediate supervisor or designee in advance in accordance with administrative regulations. The reasons for which personal leave may be used shall not be limited by the District. In deciding to approve personal leave, however, the supervisor or designee shall consider the effect of the employee s absence on the educational program, as well as the availability of substitutes. [See (LEGAL)] DATE ISSUED: 10/25/ of 8 -X

2 Duration of Leave Additional Local Leave Extended Sick Leave Maternity Leave Use and Recording Discretionary personal leave may not be taken for more than three consecutive days. All employees shall earn an additional two workdays of local personal leave per school year, at a rate of one day at the end of each semester. Local personal leave shall accumulate to a maximum of five workdays and shall be taken with no loss of pay. When all earned leave is exhausted, an employee may be granted three workdays of noncumulative extended sick leave which shall be taken with the substitute s rate of pay (or a proportionate amount established by the Board by personnel classification) deducted for each extended leave day used. Local extended sick leave shall be used for the reasons applicable to state sick leave accumulated prior to the school year. After all available leave has been exhausted, with the exception of three days of extended sick leave, a female employee may be granted additional leave for a total of six weeks after the birth or adoption of a child for maternity leave. Maternity leave shall be taken with no deduction in pay. For purposes of personal illness, illness in the immediate family, family emergency, or death in the immediate family, available leave shall be used in the following order: 1. Local personal leave. 2. State sick leave accumulated prior to the school year. 3. State personal leave. 4. Maternity leave, if applicable. 5. Extended sick leave. Leave used shall be recorded in increments of whole and half days. Employees shall be charged leave as used even if a substitute is not employed. Availability Paid leave for the current year shall be available for use at the beginning of the school year. Paid leave shall not be approved for more workdays than have been accumulated in prior years plus those to be earned during the current year. When an employee who has used more leave than he or she has accumulated ceases to be employed by the District, the cost of the DATE ISSUED: 10/25/ of 8 -X

3 unearned leave days shall be deducted from the employee s final paycheck. Any leave taken for which leave balances are insufficient shall result in a deduction from the employee s paycheck commensurate with the amount of leave taken. Medical Certification Family and Medical Leave Concurrent Use of Leave Combined Leave for Spouses Intermittent Leave for Child Care Certification of Illness Medical Release Teacher Reinstatement Resignation An employee absent more than five consecutive workdays because of personal illness or illness in the immediate family shall submit medical certification of the illness. Medical certification shall be made by a health care provider as defined by the Family and Medical Leave Act. [See (LEGAL)] The 12-month period within which employees shall be eligible for 12 weeks of family and medical leave shall be defined as September 1 through August 31. The District shall require employees to use family and medical leave concurrently with paid leave and with temporary disability leave if applicable. If both spouses are employed by the District, combined family and medical leave for the birth, adoption, or placement of a child, or to care for a parent with a serious health condition may be limited to a combined total of 12 weeks as determined by the needs of the District. Use of intermittent family and medical leave shall not be permitted for the care of a newborn child or upon the adoption or placement of a child with the employee. Upon request for family and medical leave for the employee s serious health condition or that of a spouse, parent, or child, the employee shall provide medical certification of the illness or disability. The employee s request for reinstatement shall be accompanied by medical certification of the employee s ability to perform essential job functions. A teacher desiring to return to work at or near the conclusion of a semester shall be reinstated in accordance with the END-OF- TERM LEAVE section in (LEGAL). If, at the expiration of the family and medical 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 as unpaid leave. Temporary Disability DATE ISSUED: 10/25/ of 8 -X

4 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. Court Appearances Workers Compensation Reimbursement at Retirement Absences for court appearances related to an employee s personal business shall be deducted from the employee s personal leave or shall be taken by the employee as leave without pay. An employee absent because of a job-related injury or illness shall be assigned to family and medical leave, if applicable. An employee eligible for workers compensation wage benefits, and not on assault leave, shall indicate whether he or she chooses to: 1. Receive workers compensation wage benefits; or 2. Use available paid leave. Workers compensation wage benefits shall begin when: a. Paid leave is exhausted; or b. The employee elects to discontinue use of paid leave; or c. Leave payments are less than the employee s pre-injury average weekly wage. Individuals retiring from the District on regular or disability retirement through the Texas Teacher Retirement System shall be paid for unused state and local leave earned in the District as follows: Years Teaching in the District Days Earned at the District x $30/day 0-29 * Up to 30 days Up to 35 days Up to 40 days Over 40 Up to 50 days * Years as defined by the Texas Teacher Retirement System Sick Leave Bank Definition The purpose of the Catastrophic Sick Leave Bank (CSLB) is to provide additional paid sick leave days to members in the bank in the event of an extended personal illness, surgery or injury of the employee or an extended personal illness, surgery, injury, or bereavement of the employee s immediate family. A catastrophic illness or accident is defined as an illness or accident of such major proportions that the employee or member of the DATE ISSUED: 10/25/ of 8 -X

5 employee s immediate family would be expected to be prevented from returning to work for up to 20 or more workdays and over which the employee has no control (in case a family member situation prevents the employee from returning to work). The illness may be physical or mental in nature. A doctor s statement shall be required projecting the length of convalescence. A normal pregnancy (up to 30 working days) shall not be considered a catastrophic illness; however, if complications occur and the attending physician projects a time of 20 workdays or longer of nondiscretionary convalescence, then such condition may warrant catastrophic categorization. Eligibility Participation in the District s catastrophic sick leave bank (CSLB) is voluntary, but requires a contribution to the bank of one sick or personal leave day or its equivalent annually. Only contributors shall be permitted to use the bank for payment of substitutes after all sick and personal days are used, including extended leave and vacation, for qualifying incapacitating conditions during regularly scheduled workdays. Half-time employees shall donate a half-day and shall receive benefits based on the half-day status. New staff members employed by the District during any school year shall have the opportunity to join the CSLB during the first 30 days of their employment date by donating one of the personal leave days to be earned that year. Failure to pay this obligation of one day s leave shall result in deduction of a day s substitute pay at settle-up at the end of the year. Eligible employees who elect not to join the CSLB at the first opportunity afforded to them shall not be permitted to join until the subsequent annual open enrollment period. All employees having accumulated sick or personal days as of July 1st of the prior year may become members of the CSLB for the following school year by agreeing to donate a day of that leave to the CSLB. Employees having compensation pay at the end of the prior year may donate the equivalent of a day of substitute pay and employees with vacation time may contribute one day of vacation. Employees who do not meet the above requirements may join the CSLB by paying the cost of a long-term substitute for their position and become members during the window period. Employees new to the District may become members by agreeing to donate to the CSLB one of the days to be earned during the school year. The Board shall match each day donated by employees with a half-day, to a maximum of 30 days from the District. All employee donations must be made between August 20th and Septem- DATE ISSUED: 10/25/ of 8 -X

6 ber 20th annually, except for employees beginning work after September 20th. Such employees may join within the first 30 days of employment. Failure to become a member during this period closes the window of opportunity until the next open enrollment period for the following school year. If all days in the CSLB are exhausted and a member employee has legitimate need of extended leave time, the Board shall allow a pool of up to 40 days to be developed for that specific employee if approved by the executive committee of the CSLB. The Board shall continue its contribution of a half-day for each employee day donated. The Board shall not approve sick days to be donated to any employee not a member of the CSLB. Administration The catastrophic sick leave bank (CSLB) shall be administered by a seven-member executive committee composed of four teachers, one administrator, one support staff member, and one paraprofessional. Only employees who have completed three years of service with the District shall be eligible for election to the committee. The CSLB committee shall be elected from the membership of the bank. One teacher shall be elected from each of the three campuses; one support employee shall be elected by the support employee members; one paraprofessional shall be elected by the teacher aides; one teacher at large shall be elected by teachers; and one administrator member shall be elected by the District administrator members. If a member of the committee leaves the CSLB or leaves the employment of the school, the group that the employee represented shall be responsible for selecting another member to complete the unexpired term. The CSLB executive committee shall serve two-year staggered terms. If the committee needs to be reorganized, then each member of the newly elected committee shall draw lots for a one-year or a two-year term of office. Three members shall receive a one-year term, and four members shall serve for two years during the initial term. Members may be reelected to the executive committee of the CSLB. The CSLB executive committee shall be responsible for receiving requests, verifying the validity of requests, recommending approval or denial of requests, and communicating decisions to the members and the business office. A chairperson shall be elected by the CSLB executive committee from among its members. This officer is responsible for receiving requests for use of sick days from the bank, calling and conducting meetings. A vice-chairperson shall be elected to represent the chairperson during the absence of the chairperson. A secretary shall be elected to keep minutes and records of all deliberations in meetings and communicate, in writing, DATE ISSUED: 10/25/ of 8 -X

7 decisions of the committee to the business office. All minutes are to be approved by the committee and signed by the chairperson and secretary. Signed copies are to be filed with the business office. The CSLB executive committee shall meet as the need arises as determined by the chairperson or any three members of the CSLB executive committee. Contributions Use of Days Contributions made on the appropriate form shall be authorized by the employee and shall serve as a membership for that year if completed during the period of August 20-September 20, or during the first 30 days of employment for a new employee. Sick leave properly authorized for contribution to the bank shall not be returned if a bank member submits a cancellation. Cancellation of membership on the proper form may be submitted at any time; however, the employee shall not be eligible to use the bank as of the effective cancellation date. The use of the bank shall be limited to the number of days in the bank on the established contribution deadline each year except when the sick day pool is triggered for qualifying members. The annual rate of contribution for subsequent years shall be one day of local sick or personal leave annually or other equal contributions of time or funds. Earned or available sick or personal leave may be contributed to the CSLB. Other methods of becoming a member are donation of compensation time or a vacation day, or paying the rate for a longterm substitute for that position (for teachers this is currently $60). Non-certified staff shall pay the equivalent of their daily salary to a maximum of $60. No bank member shall be required, for the purpose of maintaining status in the CSLB, to contribute more leave days than other members. The maximum number of days that may be withdrawn from the bank member in any one contract or work year shall be the remaining number of duty days the bank member is scheduled to work during the school year to a maximum of 40 days, even though the member may experience two or more qualifying illnesses during the same school year. Employees shall be granted 20 days at a time and must reapply if an additional 20 days are needed. In no case shall the granting of leave from the bank cause a bank member to receive more salary than the amount typically received by the member for the school year. This includes coordination with workers compensation or other benefits provided by the school. Off-time income paid in part or in whole from the $50 insurance benefit paid by the school is exempt. DATE ISSUED: 10/25/ of 8 -X

8 Members shall use all available sick leave, including extended sick leave, personal leave, and accrued vacation leave before receiving any days from the bank. To qualify, the employee must have been absent five workdays with the current illness. Use of the bank, if granted, would be retroactive to the first day of the approved catastrophic illness or accident after all leave, including extended leave, has been exhausted. Applications for use of the bank shall be made on the required form and submitted to the CSLB executive committee chairperson. If a bank member does not use all of the days granted from the bank, the unused sick leave bank days shall remain in the bank; they do not remain with the employee. The CSLB days may be used for the employee s own personal illness or to enable the employee to remain away from his or her position to assist a seriously ill member of his or her immediate family, as defined in this policy. Immediate family is defined in the District s Board Policy and appears on Page 33 of the Employee Handbook. Employees returning on a trial basis from a CSLB-approved illness may utilize half-days from the sick bank if the part-time trial basis has been approved by the physician in charge. Employees who have been granted sick leave from the CSLB may continue to use such leave days, even after returning to work permanently, for follow-up visits to the doctor for the same illness until all granted leave has been exhausted. Loss of Rights A member of the bank shall lose the right to use the benefits of the bank upon: 1. Termination of employment with the District. 2. Suspension with or without pay. (Suspension does not qualify for the CSLB days.) 3. Failure to renew participation in the CSLB during August 20th through September 20th annually. 4. Any abuse or misuse of the rules of the bank. DATE ISSUED: 10/25/2004 ADOPTED: 8 of 8 -X