SICK AND PERSONAL LEAVE POLICY CERTIFICATED PERSONNEL

Transcription

1 GDRHA-1 CERTIFICATED PERSONNEL Employees of the McComb School District earn paid sick leave days as per the following schedule: CERTIFICATED PERSONNEL SICK LEAVE BENEFITS Contractual 9 months a. 10 days per year (187 to 201 days) b. Accumulation of unused sick leave is unlimited c. 20 days extended leave at the cost of the substitute Contractual 10 months a. 11 days per year (202 to 221 days) c. 20 days extended leave at the cost of the substitute Contractual 11 months a. 12 days per year (222 to 237 days) c. 20 days extended leave at the cost of the substitute Contractual 12 months (238 or more days) c. 20 days extended leave at the cost of the substitute Earned sick leave will be advanced to all certificated personnel beginning with the first day of employment. Extended Leave: Certificated personnel whose illness extends beyond the period of accumulated sick leave or who adopt a child may have upon prior written request per incident and approval up to 20 days extended sick leave per school year at the cost of a substitute. Extended sick leave can only be used for personal illness or adoption of a child of three (3) or more consecutive school days. Extended illness of less than three (3) consecutive school days will result in the deduction from employee's pay the employee's daily rate. At the discretion of the superintendent, employees who do not receive prior approval for extended sick leave shall have their daily rate deducted from their pay until such time as approval is granted. Approval shall not be retroactive. This deduction will be calculated at the end of each month.

2 GDRHA-2 Illness: Persons absent for reasons of personal/immediate family illness or adoption of a child in excess of three (3) consecutive days shall be required to submit a statement to their immediate superviser from the attending physician or adoption agency or an attorney indicating the date when the employee can return to work. Failure to provide a doctor's or adoption agency or attorney s excuse on the fourth day after absences in excess of three (3) or more consecutive school days or for two (2) consecutive school days immediately preceding or following a nonschool day shall result in the certificated employee being charged the cost of employee s daily rate for all days missed. Should an employee wish to absent himself/herself for a period of time in excess of that specified by the physician or adoption agency or attorney, then the employee would be required to request a temporary leave of absence without pay. It should be noted that this provision is not to be used exclusively for persons on temporary disability resulting from maternity. This provision is applicable for any employee wishing to absent himself/herself for the above designated period of time in excess of that specified by the physician, adoption agency or attorney. All personnel whose illness extends beyond the period of earned, accumulated or extended sick leave under the circumstances provided in this policy, will have a contractual daily earned rate of pay deducted from their earnings calculated at the end of each month. The sick leave may be used for illness of employee, illness of immediate family, death of immediate family, or adoption of a child. Immediate family means spouse, parent, stepparent, sibling, child or stepchild. This will be determined by the immediate supervisor. Two (2) days per year of sick leave may be used for personal business with approval of the principal/immediate supervisor and the superintendent or his designee. The principal is, however, prohibited from approving personal leave for in excess of ten percent (10%) of his/her teaching staff on any one day at multi-grade schools, (Otken, Kennedy, Higgins, Denman and Gibson). Certificated employees who exceed illness leave shall be charged their contractual daily earned rate of pay. Personal leaves shall not be taken on the first day of the school term, the last day of the school term, or a day previous to a holiday, or a day immediately after a holiday, unless on such days an immediate family member of the employee is being deployed for military service. Any unused portion of the total personal leave allowance up to five (5) days shall be carried over to the next school year and credited to such licensed employee if the licensed employee remains employed in the same school district.

3 GDRHA-3 When extended sick leave is determined to be detrimental to the welfare of students in the educational program, termination of employment may be recommended by the superintendent. Any materially false statement by the certified employee as to the cause of the absence will result in the deduction of the employee's daily rate of pay from their salary. Vacation leave granted to either licensed or nonlicensed employees shall be synonymous with personal leave. Unused vacation or personal leave accumulated by licensed employees in excess of the maximum five (5) days which may be carried over from one (1) year to the next will be converted to sick leave. The annual conversion of unused vacation or personal leave to sick days for licensed or unlicensed employees shall not exceed the allowable number of personal leave days as provided in Section The annual total number of converted unused vacation and/or personal days added to the annual unused sick days for any employee shall not exceed the combined allowable number of days per year provided in Sections and Local school board policies that provide for vacation, personal and sick leave for employees shall not exceed the provisions for leave as provided in Sections and Any personal or vacation leave previously converted to sick leave under a lawfully adopted policy before May 1, 2004, or such personal or vacation leave accumulated and available for use prior to May 1, 2004, under a lawfully adopted policy but converted to sick leave after May 1, 2004, shall be recognized as accrued leave by the local school district and available for use by the employee. The leave converted under a lawfully adopted policy prior to May 1, 2004, or such personal and vacation leave accumulated and available for use as of May 1, 2004, which was subsequently converted to sick leave may be certified to the Public Employees Retirement System upon termination of employment and any such leave previously converted and certified to the Public Employees Retirement System shall be recognized.

4 GDRHA-4 CLASSIFIED PERSONNEL Classified employees of the McComb School District shall earn sick leave days as per the following schedule, effective July 2, 2001: CLASSIFIED PERSONNEL SICK LEAVE BENEFITS --Assistant Teachers (9 months) a. 10 days per year b. Accumulation of unused sick leave is unlimited --Bus Drivers (9 months) --Clerical (9 months) --Clerical (9½ months) --Clerical (10 months) --Clerical (10½ months) --Clerical (11 months) --Clerical (11½ months) --Clerical (12 months) a. 10 days per year a. 10 days per year a. 11 days per year a. 11 days per year a. 12 days per year a. 12 days per year --Electronic Technician (11½ months) --Food Service (9 months) --Mechanic (12 months) --Supervisors/Administrators a. 10 days per year b. Same as b. Above

5 GDRHA-5 --Custodial & Maintenance (252 days) In accordance with , Mississippi Code, each assistant teacher, at the beginning of each school year, shall be credited with ten (10) sick days for absences caused by illness or physical disability of the employee during that school year. Sick leave will be accumulated by the month for all other classified staff. Sick leave will be earned at the rate of one (1) day per month until the maximum per year is reached. Two (2) personal business days will be advanced. Part-time, temporary, or substitute employees are not entitled to sick leave. For this purpose, a person is considered part-time if they work less than one-half (½) of an eight (8) hour day. Persons absent for reasons of personal/immediate family illness or adoption of a child in excess of three (3) consecutive days shall be required to submit to their immediate supervisor a statement from the attending physician or adoption agency or attorney indicating the date when the employee can return to work. Failure to provide a doctor's or adoption agency s or attorney s excuse on the fourth day after absences in excess of three (3) consecutive days shall result in a contractual daily earned rate of pay deducted from their earnings for all days missed. Should an employee wish to absent himself/herself for a period of time in excess of that specified by the physician or adoption agency or attorney, then the employee would be required to request a temporary leave-of-absence without pay. It should be noted that this provision is not to be used exclusively for a person on temporary disability resulting from maternity. This provision is applicable for any employee wishing to absent himself/herself for the above-designated period of time in excess of that specified by the physician, adoption agency or attorney. (A day is defined, for the purpose of this policy, as the number of hours an employee actually works and is paid for in a calendar day.) All personnel whose illness extends beyond the period of earned or accumulated sick leave will have a contractual daily earned rate of pay deducted from their earnings. This deduction will be calculated at the end of each pay period. The sick leave may be used for illness of employee, illness of immediate family, death of immediate family, or adoption of a child. Immediate family means spouse, parent, stepparent, sibling, child or stepchild. This will be determined by the immediate supervisor. Two (2) days per year may be used for personal business with approval of the principal/immediate supervisor and the superintendent or his designee. The principal/immediate

6 GDRHA-6 supervisor is prohibited from approving personal leave which deviates from the following on any one day: Transportation -- discretion of supervisor and based on substitutes available; Maintenance -- discretion of supervisor; Food Service -- discretion of supervisor; Custodial Service -- 50% per facility or at the discretion of maintenance supervisor or principal. Personal leaves shall not be taken on the first or last day of school term or a day previous to or immediately after a holiday, unless on such days an immediate family member of the employee is being deployed for military service. When an extended sick leave is determined to be detrimental to the welfare of the students and the educational program, termination of employment may be recommended by the superintendent. Upon proper notification by the District, all absences of three (3) or more consecutive school days will be deducted from the employee's Family Medical Leave Act balance. Any materially false statement by the classified employee as to the cause of the absence will result in the deduction of the employee's daily rate of pay from their salary. Vacation leave granted to either licensed or nonlicensed employees shall be synonymous with personal leave. Unused vacation or personal leave accumulated by licensed employees in excess of the maximum five (5) days which may be carried over from one (1) year to the next will be converted to sick leave. Unused vacation or personal leave accumulated by non-licensed employees in excess of the maximum two (2) days which may be carried over from one (1) year to the next will be converted to sick leave. The annual conversion of unused vacation or personal leave to sick days for licensed or unlicensed employees shall not exceed the allowable number of personal leave days as provided in Section The annual total number of converted unused vacation and/or personal days added to the annual unused sick days for any employee shall not exceed the combined allowable number of days per year provided in Sections and Local school board policies that provide for vacation, personal and sick leave for employees shall not exceed the provisions for leave as provided in Sections and Any personal or vacation leave previously converted to sick leave under a lawfully adopted policy before May 1, 2004, or such personal or vacation leave accumulated and available for use prior to May 1, 2004, under a lawfully adopted policy but converted to sick leave after May 1, 2004, shall be recognized as accrued leave by the local school district and available for use by the employee. The leave converted under a lawfully adopted

7 GDRHA-7 policy prior to May 1, 2004, or such personal and vacation leave accumulated and available for use as of May 1, 2004, which was subsequently converted to sick leave may be certified to the Public Employees Retirement System upon termination of employment and any such leave previously converted and certified to the Public Employees Retirement System shall be recognized. PAYMENT FOR UNUSED LEAVE Upon retirement from employment, each certificated and noncertificated employee shall be paid for not more than thirty (30) days of unused accumulated leave earned while employed by the school district in which the employee is last employed. Such payment for certificated employees shall be made by the school district at a rate equal to the amount paid to substitute teachers and for noncertificated employees, the payment shall be made by the school district at a rate equal to the federal minimum wage. The payment shall be treated in the same manner for retirement purposes as a lump sum payment for personal leave as provided in Section (e). Any remaining lawfully credited unused leave, for which payment has not been made, shall be certified to the Public Employees Retirement System in the same manner and subject to the same limitations as otherwise provided by law for unused leave. For the purposes of this policy, "upon retirement" shall mean termination of employment with the McComb School District and application for retirement benefits under the Mississippi Public Employees' Retirement System. The amount of unused leave shall be the balance shown in the district's leave records at the time of retirement. It is the responsibility of the employees of the McComb School District to notify the District's Payroll Office of any suspected discrepancies in leave balances in a timely manner. For this purpose, a timely manner shall mean within the fiscal year in which the leave occurred. The district shall not go back beyond the current fiscal year to verify leave transactions. Employees who terminate employment with the McComb School District but who do not apply for benefits under the Mississippi Public Employees' Retirement System shall not be paid for unused leave. Any unused leave shall be submitted by the McComb School District to the Mississippi Public Employees' Retirement System for service credit only. The McComb School District shall not accept unused leave for an employee coming to the McComb School District from another school district in this state or any other state. It will be the responsibility of the employee to make sure that the district they are coming from properly settles any unused leave.

8 GDRHA-8 DONATION OF LEAVE TO OTHER EMPLOYEES 1. Catastrophic injury or illness means a life-threatening injury or illness of an employee or a member of an employee s immediate family, that totally incapacitates the employee from work, as verified by a licensed physician, and forces the employee to exhaust all leave time earned by that employee, resulting in the loss of compensation from the state for the employee. Conditions that are short-term in nature, including, but not limited to, common illnesses such as influenza and the measles, and common injuries, are not catastrophic. Chronic illnesses or injuries, such as cancer or major surgery, that result in intermittent absences from work and that are long-term in nature and require long recuperation periods may be considered catastrophic. 2. Immediate family means spouse, parent, stepparent, sibling, child or stepchild. 3. Any school district employee may donate a portion of his or her unused accumulated personal leave or sick leave to another employee of the same or another school district who is suffering from a catastrophic injury or illness or who has a member of his or her immediate family suffering from a catastrophic injury or illness, in accordance with the following: The employee donating the leave (the donor employee ) shall designate the employee who is to receive the leave (the recipient employee ) and the amount of unused accumulated personal leave and sick leave that is to be donated, and shall notify the school district superintendent or his designee of his or her designation. The maximum amount of unused accumulated personal leave that an employee may donate to any other employee may not exceed a number of days that would leave the donor employee with fewer than seven (7) days of personal leave remaining, and the maximum amount of unused accumulated sick leave that an employee may donate to any other employee may not exceed fifty percent (50%) of the unused accumulated sick leave of the donor employee. An employee must have exhausted all of his or her accumulated personal leave and sick leave before he or she will be eligible to receive any leave donated by another employee. Eligibility for donated leave shall be based upon review and approval by the donor employee s supervisor. Before an employee may receive donated leave, he or she must provide the school district superintendent or his designee with a physician s statement that states the beginning date of the catastrophic injury or illness, a description of the

9 GDRHA-9 injury or illness, and a prognosis for recovery and the anticipated date that the recipient employee will be able to return to work. If the total amount of leave that is donated to any employee is not used by the recipient employee, the whole days of donated leave shall be returned to the donor employees on a pro rata basis, based on the ratio of the number of days of leave donated by each donor employee to the total number of days of leave donated by all donor employees. Donated leave shall not be used in lieu of disability retirement. LEGAL REF.: , Mississippi Code Family Medical Leave Act of 1994