s and Absences Procedures for Implementing Policy Transfer of Medical Certification The Department offers employees paid and unpaid leaves of absences in times of personal need. Employees who have personal needs that will require long leaves of absence should notify their principal, division director or immediate supervisor, and call Human Resources for counseling about leave options, continuation of benefits, and communicating with the Department. The Department offers the following types of leave: 1. Personal/Sick 2. Bereavement (Funeral) 3. Family and Medical (FMLA) 4. Temporary Disability 5. Jury and Witness Duty 6. Religious Observances 7. Assault 8. Catastrophic Sick (CSL) 9. Military 10. of Absence 11. Administrative 12. Vacation [See DED] If an employee is unable to report to his or her assigned duties due to illness, or any other cause, the employee shall notify the principal, division director, or immediate supervisor before the beginning of the working day. Employees should refer to the procedures for their assigned division or program for specific requirements related to absence for sick/personal leave. Upon receipt of the employee s Service Record from a school district, an employee s accumulated state sick leave and state personal leave days will be transferred to the employee s Department state sick leave and state personal leave record. The Department shall accept the sick leave accrued by an employee who was formerly employed by a regional education service center not to exceed five (5) days per year for each year of employment. Any employee who is absent three (3) days or more because of a personal illness is required to submit, upon return to work, medical certification from a qualified health care provider confirming the specific dates of the illness, the reason for the illness, and fitness to return to work. DATE ISSUED: 8/21/2018 1 of 19 -HCDE
Any employee who is absent three (3) days or more because of a family illness is required to submit, upon return to work, medical certification from a qualified health care provider confirming the dates of the family member s illness. The Department may require an employee to submit medical certification from a qualified health care provider due to a questionable pattern of absences or when deemed necessary by the supervisor or Superintendent. Use and Recording Deductions Without Pay Insurance Premiums Attendance Absence Control Employees shall be charged leave as used even if a substitute is not employed. Earned compensatory time shall be used before any available paid state and local leave. Unless an employee requests a different order, available paid state and local leave shall be used in the following order, as applicable. 1. Local Sick/Personal 2. State Sick/Personal shall be recorded in 15 minute increments only. The Department shall not approve paid leave for more leave days than have been 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. An employee on an unpaid leave of absence shall be responsible for the payment, in advance, of the employee s portion of all insurance premiums and all other regularly scheduled payroll deductions. In order to ensure continuous delivery of service to Department programs, each employee must maintain the Department s standards of attendance and punctuality. Employees are expected to report to work on time, observe the limits of lunch breaks, and not to leave work early without prior approval from the immediate supervisor. Employees are expected to give timely notice to their immediate supervisor whenever they will be absent or tardy. Employees are also required to follow call-in procedures as developed by the division director or supervisor. Employees may be disciplined, up to and including termination, for failure to maintain the Department s standards of attendance and punctuality. Any employee who is absent for greater than 180 calendar days in a rolling 12-month period, is automatically terminated except if an employee has more than 180 days of accumulated leave time even DATE ISSUED: 8/21/2018 2 of 19 -HCDE
after application of all concurrent use of leave as explained in this policy, that employee will be automatically terminated the first work day after the remaining accumulated leave time is expired. Personal State Personal Rate of Accrual Additional Local Each full-time employee working 36 or more hours per week on a continuous basis shall receive five (5) days per school year of state personal leave with no limit on accumulation. The Department effectively entered the state minimum personal leave program on August 1, 1997. All leave accumulated by Department employees prior to August 1, 1997 was local leave. The Department shall make state personal leave for the current year available for use at the beginning of the school year. No more than five (5) days shall be earned in any one school year. If an employee separates from employment with the Department before his or her last duty day of the year, or begins employment after the first duty day, state personal 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 state personal leave the employee used beyond his or her pro rata entitlement for the school year. All full-time employees working 36 or more hours per week on a continuous basis shall accrue additional local leave. Eligible employees in a 10, 11, or 12 month of service position who work and are not on unpaid leave at least ten (10) days per month shall accrue an additional five (5), six (6), or seven (7) equivalent workdays respectively, of local personal leave per school year. Local personal leave days shall accrue in accordance with the following schedule: Employees in a 10 month of service position shall accrue onehalf day each month up to a maximum of five local days. Employees in an 11 month of service position shall accrue one-half day each month through the month of May and one full day for the month of June up to a maximum of six local days. Employees in a 12 month service position shall accrue onehalf day each month through the month of May, one full day for the month of June, and one full day for the month of July up to a maximum of seven local days. Employees hired after the beginning of the school year shall earn prorated number of local personal leave days. DATE ISSUED: 8/21/2018 3 of 19 -HCDE
Employees working above their normal schedule work calendar shall not accrue additional leave days. Use of Personal Discretionary and Non-Discretionary Non-Discretionary Discretionary Restrictions on Use of Discretionary Accrued local leave shall rollover from year to year without limit. To minimize disruption to the operations of the Department, the Board imposes restrictions on the use of leave for events that are reasonably foreseeable. The principal, division director, or supervisor may regulate the use of state and local personal leave but may not restrict the purpose for which the leave may be used. Nondiscretionary leave shall be used for the following reasons: sick leave, personal or family illness, or family emergency. The term family emergency shall be limited to disasters and life-threatening situations involving the employee or a member of the employee s immediate family. The use of accrued, non-discretionary personal leave or of accumulated sick leave shall not be withheld from an employee. However, an absence of three days due to illness shall require certification of health care provider. Discretionary leave shall be taken at the individual employee s discretion; for this type of leave it is usually possible to plan or schedule in advance. Principals and supervisors may deny any request for the use of discretionary leave which would disrupt the Department s ability to provide services and/or have an adverse effect on the education of the students the Department serves. The principal or supervisor shall notify the employee in writing in advance whether the request is granted or denied. The following restrictions apply: 1. Discretionary personal leave shall not be taken without written authorization from the employee s supervisor. Employees should confirm a substitute for their absence, if a substitute is required. 2. Discretionary personal leave shall be granted on a first-come, first-served basis, provided that no more than ten percent of the employees on a campus are absent on the same date. 3. Discretionary personal leave may not be taken for more than three consecutive days. 4. Campus instructional employees may not use discretionary personal leave on the following days; scheduled staff development days, the day before a school holiday, the day after a school holiday, the first or last day of a grading period, the first DATE ISSUED: 8/21/2018 4 of 19 -HCDE
day of a semester, the last day of a semester, days scheduled for state-mandated tests, or days scheduled for end-of-semester or end-of-year examinations. 5. Employees who use discretionary personal leave to cover an absence may not work for independent school districts or other governmental entities while absent. No more than five days of a discretionary leave may be taken in any school year for employees working in ten and 11 month positions. No more than six days of discretionary leave may be taken in any school year for employees working in 12 month positions. Change Request Employment While on Transfer and Retention Accumulated Sick Use of State or Local Sick Once an Employee s leave is recorded into the payroll system, an Employee may not change the already-recorded leave to another type of leave, even if the subsequent change in leave type is requested or approved by a division director or supervisor. Notwithstanding the foregoing, an Employee may change already-recorded leave to temporary disability leave or FMLA leave, with permission of the HCDE Human Resources Division. HCDE may change an Employee s leave type at any time, as permitted by Board policy and applicable law. Employees on approved leave may not work for other employers while on leave. The prohibition on outside employment includes working as a consultant. Employees who work while on leave are subject to termination in accordance with Department termination procedures. Local leave is not transferable to other districts. Other than for retirement under the conditions specified below an employee shall not be reimbursed for unused local leave at the time of termination of service to the Department. An employee who leaves the service of the Department to enter military service shall be allowed to retain accumulated local leave provided the employee resumes employment with the Department within one (1) year of discharge from active military service. Employees who leave the service of the Department for reasons other than stated above shall forfeit any accumulated local leave. As of June 1, 1995, employees no longer earn state or local sick leave. Use of state or local sick leave applies to those employees who have accumulated state or local sick leave remaining. Employees who request to use their state or local sick leave shall be permitted to use it for the following: 1. Illness of the employee DATE ISSUED: 8/21/2018 5 of 19 -HCDE
2. Illness of a member of the employee s immediate family 3. Family emergency The term family emergency shall be limited to disasters and life threatening situations involving the employee or a member of the employee s immediate family. The Superintendent or designee has the sole discretion to determine whether an event constitutes a disaster or life threatening situation. 4. Death in the employee s immediate family. 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. Reinstatement of Local Accumulated Disbursement Upon Retirement This section applies only to employees whose employment is terminated/contract nonrenewed due to a reduction in force [see DFFA and DFFB] and to employees who resign voluntarily. This section does not apply to employees who resign in lieu of termination/nonrenewal. Employees who are rehired within twelve (12) months of the effective date of termination or resignation will have their local sick and/or local personal leave reinstated. Local sick and/or local personal leave will be reinstated only if separation is twelve months or less from the Department and the employee was not paid for the employee s accumulation of local sick leave and/or local personal leave in accordance with (Local). An employee must request reinstatement of local leave within thirty (30) calendar days of the employee s date of rehire. A full-time employee who is retiring or has retired under the Teacher Retirement System (TRS), has been employed by the Department fulltime for at least five (5) consecutive years immediately preceding their cessation of employment and is in good standing shall at the time of leaving the Department be paid for accumulated personal leave and sick leave at a rate based on the employee s daily rate at the time of retirement. DATE ISSUED: 8/21/2018 6 of 19 -HCDE
The maximum number of days for payment shall be: 90 days for 9-month positions (minimum 180 workdays) 100 days for 10-month positions (minimum 200 workdays) 110 days for 11-month positions (minimum 220 workdays) 120 days for 12-month positions (minimum 240 workdays) Termination of Plan Death of an Employee Disbandment of Department If the accumulated sick and personal leave plan is terminated, eligible employees on the date of termination of the plan will continue to be covered under the plan and receive payments as calculated above. Payments to eligible employees will be made using one of the following two methods selected by the Board of Trustees in its sole discretion: 1. Payment in full within a reasonable period of time after the date of termination of the plan, or 2. Payments over a period of time as indicated in approved procedures. Procedures for both methods of payments to be made to eligible employees in the event the plan is terminated will be prepared by Administration and approved by the Harris County Board of School Trustees. If a full-time employee who has been employed by the Department for a continuous period of at least five (5) consecutive years dies prior to retirement and the employee designated a beneficiary on the most recent Department Designation of Beneficiary form, the Department will pay to the deceased employee s beneficiary any unused leave benefits that were earned by the deceased in the employment of the Department. The payment will be computed in the same way as for employees who retire from the Department. The maximum number of days for payment shall be the same as for employees who retire from the Department. If the Harris County Board of School Trustees and/or the Office of Harris County School Superintendent and/or supporting Equalization Tax shall be disbanded, full-time employees who have been employed for at least five (5) consecutive years on the date of disbandment and who are also terminated will be entitled to payment for his/her accumulated personal leave and sick leave to the extent funds are available. Payments to eligible employees will be made using one of the following two methods selected by the Board of Trustees in its sole discretion: DATE ISSUED: 8/21/2018 7 of 19 -HCDE
1. Payment in full within a reasonable period of time after the date of termination of the plan, or 2. Payments over a period of time as indicated in approved procedures. Procedures for both methods of payments to be made to eligible employees in the event the Department is disbanded will be prepared and approved by the Board of Trustees. Payment of Local Personal and Local Sick Tax Deferral Plan Bereavement (Funeral) The Board will determine if they will approve payment in full within a reasonable period of time after the date of termination of the plan, or if they will approve payments over a period of time. If the Board selects to approve payments in full after the date of termination of the plan, or over a period of time as indicated in approved procedures, they will approve the period of time over which employees are paid. Administration will provide information to assist the Board with this decision. The plan administrator is responsible for managing plan assets, holding plan assets for the exclusive benefit of plan participants, and distributing benefit payments to the retiring employee or his or her beneficiary. Upon retirement, full-time eligible employees will receive benefit payments for their accumulated personal and sick leave, distributed through the plan administrator. All payments of the value of accumulated personal and sick leave of $1,000 or more under this policy, under any of the arrangements listed above, shall be made as an employer contribution to a 401(a) defined benefit retirement plan. Such payments shall be 100% vested with the plan participant at all times. The plan participant shall have the right to receive the distribution from the plan under any option available under federal tax rules and the rules of the plan. This plan shall be established effective January 1, 2002. Use of state and/or local personal or sick leave for death in the immediate family shall not exceed five (5) workdays per occurrence. Bereavement leave shall not be granted without prior approval from the principal and/or immediate supervisor. 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. DATE ISSUED: 8/21/2018 8 of 19 -HCDE
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. Family and Medical Eligible Employee Qualifying Reasons for Amount of Eligible employee means an employee who: 1. Has been employed by the department for at least 12 months. The 12 months need not be consecutive. 2. Has been employed by the department for at least 1,250 hours of service during the 12 months immediately preceding the commencement of leave; and 3. Is employed at a worksite where 50 or more employees are employed by the department within 75 miles of that worksite. The department shall grant leave to eligible employees: 1. For the birth of a son or daughter, and to care for the newborn child; 2. For placement with the employee of a son or daughter for adoption or foster care; 3. To care for the employee s spouse, son or daughter, or parent with a serious health condition; 4. Because of a serious health condition that makes the employee unable to perform the functions of the employee s job; 5. Because of any qualifying exigency arising out of the fact that the employee s spouse, son, daughter, or parent is a covered military member on covered active duty (or has been notified of an impending call or order to active duty); and 6. To care for a covered service member with a serious injury or illness incurred in the line of duty if the employee is the spouse, son, daughter, parent, or next of kin of the servicemember. Except in the case of military caregiver leave, an eligible employee s FMLA leave entitlement is limited to a total of 12 workweeks of leave during a 12-month period for any one or more of the qualifying reasons. 1. A husband and wife employed by the department may be limited to a combined total of 12 weeks of FMLA leave during any 12-month period if leave is taken for the birth of a son or DATE ISSUED: 8/21/2018 9 of 19 -HCDE
daughter, the placement of a child for adoption or foster care, or to care for a parent with a serious health condition. 2. In the case of military caregiver leave, an eligible employee s FMLA leave entitlement is limited to a total of 26 workweeks of leave during a single 12-month period. Twelve Month Period Family Concurrent Use of Combined for Spouses Response to Request for FMLA Except in the case of military caregiver leave, effective August 1, 2004, the 12-month period within which employees shall be eligible for twelve (12) weeks of family and medical leave is based on a rolling twelve (12) month period measured backward from the date an employee uses any FMLA leave. Family shall include: 1. Spouse, including a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides, including common law marriage in states where it is recognized. 29 CFR 825.122(a) 2. Son or daughter, including a biological, adopted, or foster child, a stepchild, a legal ward, or a child for whom the employee stands in loco parentis, who is either under age 18 or age 18 or older and incapable of self-care because of a mental or physical disability at the time that FMLA leave is to commence. 29 CFR 825.122(c) 3. Parent, including a biological, adoptive, step, or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a son or daughter, but not including parents in law. 29 CFR 825.122(b) Any applicable leave (accrued, unused, or designated) shall run concurrently with family and medical leave. If both spouses are employed by the Department, 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 of FMLA leave during any 12-month period as determined by the needs of the Department. When the employee initially requests FMLA leave, the Human Resources division will respond within five business days after the request is received, absent extenuating circumstances. The response will either be a preliminary designation of FMLA eligibility or a denial of eligibility. At this time, the employee will be provided with an official Request Form and Medical Certification Form, if applicable. After the medical certification is received from the employee, the Human Resources division will respond with a final designation or denial. DATE ISSUED: 8/21/2018 10 of 19 -HCDE
Certification of Illness Medical Release Intermittent or Reduced Schedule Maintenance of Health Benefits End of Term Notice of Foreseeable Notice of That Is Not Foreseeable Return to Position Upon request for FMLA leave for the employee s serious health condition or that of a spouse, parent, or child, and at 60-day intervals thereafter, the employee shall provide medical certification of the serious health condition. Pregnancy will not require certification unless the employee is required to begin FMLA leave sooner than foreseeable. Prior to returning to work, the employee shall provide to human resources medical certification from the employee s health-care provider of the employee s ability to resume work and to perform the essential functions of the employee s job. When FMLA leave is taken after the birth of a healthy child or placement of a healthy child for adoption or foster care, an employee may not take leave intermittently or on a reduced leave schedule. [For maintenance of an eligible employee s health benefits during FMLA leave, see HCDE policy A.] [For end-of-term leave policies and procedures, see HCDE Policy A.] An employee shall provide at least thirty (30) days advance notice before FMLA leave is to begin if the need for leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment of the employee, a family member, or a covered service member. If 30 days notice is not practicable, the employee must give notice as soon as practicable. For leave due to a qualifying exigency, the employee must provide notice as soon as practicable regardless of how far in advance the leave is foreseeable. When planning medical treatment, the employee must consult with the Department and make a reasonable effort to schedule the treatment so as not to disrupt unduly the Department s operations, subject to the approval of the health-care provider. When the need for leave, or its approximate timing, is not foreseeable, an employee shall provide notice to the Department as soon as practicable under the facts and circumstances of the particular case. Ordinarily, notice shall be provided within no more than one or two working days of learning of the need for leave. Notice should be provided either in person or by telephone, or other electronic means. An employee who takes FMLA leave is entitled to be restored to the position held when the leave commenced or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. DATE ISSUED: 8/21/2018 11 of 19 -HCDE
Failure to Return Length of Absence for Non-Educators Twelve Month Period Request Authority If a benefits-eligible employee fails to return to work for at least 30 calendar days after FMLA leave has been exhausted or expires, the Department shall require the employee to reimburse the health care premiums paid by the Department during any period in which such leave was taken as unpaid leave, unless the employee s failure to return is due to one of the reasons set forth in the regulations. 29 CFR 825.213 Any health care premiums the Department may recover are a debt owed by the non-returning employee to the Department. To the extent recovery is allowed, the Department may recover the costs through deduction from any sums due to the employee including, but not limited to, unpaid wages or vacation pay, or the Department may initiate legal action against the employee to recover such costs. Employees who do not return from family and medical leave may be required to reapply for employment with the Department. Full-time employees who are not eligible for temporary disability leave as educators may be granted temporary disability leave according to the following provisions. Temporary disability leave shall not exceed a total of 180 calendar days in a school year. The Superintendent or his designee may designate a leave of absence as temporary disability leave at any time the employee s condition interferes with the performance of regular duties. The twelve (12) month period within which employees shall be eligible for temporary disability leave is based on a rolling twelve (12) month period measured backward from the date an employee uses any temporary disability leave. An employee may apply for temporary disability leave by submitting a request to the Executive Director of Human Resources through the principal or immediate supervisor. The request shall be accompanied by a statement from a licensed physician confirming the employee s inability to work and shall state the date requested for the leave to begin and the probable date of return. The Superintendent or designee may grant an unpaid leave of absence for temporary disability leave at any time the employee s condition interferes with the performance of regular duties. In considering whether to grant this leave, the Superintendent or designee shall take into consideration both the date of the application and the length of leave requested. The educator shall have the right to present to the Board testimony or other information relevant to the educator s fitness to continue in the performance of regular duties. DATE ISSUED: 8/21/2018 12 of 19 -HCDE
Benefits Return to Active Duty Notice Concurrent Use of Failure to Return from Jury and Witness Duty Jury Duty The employee shall accrue no employee benefits during the period of leave but may continue participation in the Department insurance programs by paying the full monthly premiums. Participation in TRS Active Care shall be available for continuation for a maximum of six (6) months from the beginning of temporary disability. The employee may elect to continue medical coverage on an individual basis. See TRS Active Care plan description. An employee wishing to return to duty following temporary disability leave shall notify the Superintendent or designee in advance the day on which the employee desires to return. In cases of leave for one semester or longer, this notification must be received at least 30 days prior to the desired date of return. The notification shall be accompanied by a statement from a licensed physician certifying the employee s fitness to return to regular duty. Upon receipt of proper notification and certification, the Superintendent or designee will place the employee in a position for which the employee is qualified, subject to the availability of an appropriate position. If an appropriate position for which the employee is qualified is not available, the employee will remain on unpaid leave. The Department may require an employee returning from leave to submit to a physical examination by a licensed physician of the Department s choice. In such cases, the Department shall pay the cost of the examination. Any applicable, accrued, and unused paid leave time shall run concurrently with temporary disability leave. Employees receiving workers compensation wage benefits while on temporary disability leave may elect to use paid leave to supplement their workers compensation benefits. See FMLA section regarding concurrent use of temporary disability with FMLA leave. Employees shall return to work on or before the probable date of return, or 180 days from date of leave, whichever comes first. An employee who fails to return from temporary disability leave may be terminated from employment and may be required to reapply for employment with the Department. Employees should inform their supervisors immediately upon being served with notice of jury duty. A copy of the notice should accompany the absence report for the period in which the employee is on jury duty. An employee shall be granted leave with pay and without loss of accumulated leave for jury duty. Upon return to work, the employee shall be required to present to the immediate supervisor a written statement from the court clerk certifying the dates and times the DATE ISSUED: 8/21/2018 13 of 19 -HCDE
employee reported for service and the time of release. That employee shall be allowed to retain any compensation for this service. An employee who is released from jury duty at or before noon must report to his or her center, campus, or division for afternoon services. Other Court Appearances for Religious Holidays and Observations Assault Benefits An employee shall be granted leave with pay and without loss of available paid leave when: 1. The employee is ordered to appear in a legal proceeding in their capacity as an employee of the Department pursuant to a lawfully issued subpoena, in accordance with law. 2. The employee is a defendant in a lawsuit based on actions taken in the course and scope of his or her employment, and the employee is requested by the Department s attorneys to participate in activities and proceedings related to the defense of the lawsuit. 3. The employee is not a party to a lawsuit involving the Department but is otherwise requested by the Department s attorneys to provide information, assistance, or testimony in connection with litigation involving the Department. An employee who is a party to non-department-related litigation or is issued a subpoena in connection with non-department related activities and who is absent due to activities in connection with that litigation or subpoena shall use personal leave, vacation or shall take leave without pay. An employee who desires to take leave for religious purposes shall notify his or her supervisor at least five (5) days in advance in writing of the need for leave. The supervisor shall accommodate the employee s request so long as the absence does not cause an undue hardship on Department operations. An employee may use vacation, state or local personal (discretionary) days, if available, to attend religious observations that relate to a tenet of his or her religion. Otherwise, leave for religious observations shall be without pay. Assault leave is a form of paid leave that is available when a Department employee is physically assaulted during the performance of regular duties. Refer to administrative procedures for notification and filing requirements. Assault leave shall run concurrently with a leave of absence for temporary disability and FMLA leave, if applicable. The employee shall accrue no employee benefits during the period of leave. DATE ISSUED: 8/21/2018 14 of 19 -HCDE
However, the Department shall continue to contribute any portion of the employee s premium it usually pays for an employee s group health insurance until the employee has recuperated from all physical injuries sustained as a result of the assault, but for no longer than two years. Catastrophic Sick Eligible Employees Maximum Grant Definition of Catastrophic Injury or Illness To Qualify This policy is intended to provide for the alleviation of the hardship caused to an eligible employee if a catastrophic illness or injury forces the employee to exhaust all leave time accrued by that employee. Effective August 1, 2008 an employee who wishes to become a new member of the Sick Bank (SLB) must make an initial contribution of three (3) local personal leave or state leave days to the SLB. Contributions may be made only during the enrollment period. After the initial contribution year, to maintain membership, the member must contribute at least one local personal leave or state sick leave day per fiscal year during the enrollment period. Employees who donated days to the SLB August 1, 2003 to August 1, 2008 are considered current members of the SLB. Beginning September 1, 2008, to maintain membership current members must contribute at one local personal leave day during the annual enrollment period. The enrollment period is September 1 through September 30. A member of the SLB is eligible to receive donated sick/personal leave contributed to the SLB if, because of a catastrophic illness or injury the employee has exhausted all of his/her sick, personal, and vacation leave (if any). An eligible employee cannot be granted more than thirty (30) days of leave from the SLB in any one school year. A catastrophic injury or illness is defined as a severe, life threatening physical or mental health condition that requires the services of a licensed health care provider for an extended period of hospitalization, causes the employee to be absent a minimum of ten (10) consecutive work days, and precludes the employee from performing his or her work at the Department or any other work. The Department reserves the right to seek an independent medical opinion. To qualify the employee must sign the appropriate HIPPA form allowing members of the Sick Bank to consult with the employee s medical provider to determine qualifications for the members of the Sick Bank. DATE ISSUED: 8/21/2018 15 of 19 -HCDE
Factors Considered Contribution of Time Withdrawal of Time from the Pool Equal Treatment The following list includes factors the Sick Bank Committee will consider in making its decision to distribute sick/personal leave to an employee for catastrophic illness or injury: 1. The illness or injury fits the definition of a catastrophic illness or injury; and 2. The employee is in good standing and a member of the sick leave bank. To contribute days to the SLB, an employee must submit an application to the Sick Bank Committee in the human resources office for consideration. Upon approval, a new member may transfer to the SLB three (3) days of accrued local personal or state sick leave time earned by that employee. Current members of the SLB must contribute one day of local personal leave or state sick leave to maintain membership. Payroll shall credit the SLB with a dollar amount based on the donating employee s then current daily rate of pay times the number of days contributed by that employee. Payroll shall deduct the appropriate number of days from the days that the employee had available as if the employee had used the days for personal purposes. Employees who resign, retire or are terminated may not contribute accrued sick/personal leave into the pool. An eligible employee may apply to the Sick Bank Committee for consideration to draw sick/personal leave from the SLB. When applying the employee must give his consent to release medical information to the Sick Bank Committee and the Superintendent to enable the Committee to determine eligibility. If the employee is eligible, is approved by the SLB Committee based on certain factors, including those set out above, and there are donated sick/personal leave funds in the SLB, approval to transfer days from the SLB to the employee will be given Payroll. The Superintendent shall determine the exact amount of days that an eligible employee may draw from the pool. Then Payroll shall credit the days to the employee, who may use these days in the same manner as personal leave accrued by the employee in the course of employment with the Department. Payroll shall deduct an amount from the SLB based on the receiving employee s current daily rate times the number of days the employee received. An eligible employee may not receive more than thirty (30) days from the SLB in any one school year. An employee absent on donated sick/personal leave is treated for all purposes as if the employee were absent on earned personal leave. DATE ISSUED: 8/21/2018 16 of 19 -HCDE
No Entitlement to Estate Rule of Absence Length of of Absence Request Twelve Month Period Authority Benefits Return to Active Duty Notice Failure to Return from The estate of a deceased employee is not entitled to payment for unused sick leave acquired by that employee from the SLB of the Department. Full-time or part-time, benefit eligible employees, may be granted a leave of absence for the employees medically related illness according to the following provisions if they do not qualify for any other leave provided by the Department. An approved leave of absence shall not exceed a total of 90 calendar days. An employee may apply for a leave of absence by submitting a request to the Director of Human Resources through their principal and/or immediate supervisor. The request shall include the date requested for the leave to begin and the probable date of return. Should the employee s health condition interfere with the performance of his or her regular duties, the Superintendent or designee may designate a leave of absence. The twelve (12) month period within which employees shall be eligible for a leave of absence is based on a rolling twelve (12) month period measured backward from the date an employee uses any leave of absence leave. The Superintendent or designee may grant an unpaid leave of absence based upon both the date of the application and the length of leave requested. The employee shall accrue no employee benefits during the period of leave but may continue participation in the Department insurance programs by paying the full monthly premiums. An employee wishing to return to duty following a leave of absence shall notify the Superintendent in advance the day on which the employee desires to return. In cases of leave for one semester or longer, this notification must be received at least 30 days prior to the desired date of return. The notification shall be accompanied by a statement from a licensed physician certifying the employee s fitness to return to regular duty, if applicable. Upon receipt of proper notification and certification, the Superintendent or designee will place the employee in a position for which the employee is qualified, subject to availability of an appropriate position. If an appropriate position for which the employee is qualified is not available, the employee may be terminated and may be required to reapply for employment with the Department. Employees shall return to work on or before the probable date of return, or 90 days from date of leave, whichever comes first. An employee who fails to return from leave may be terminated from DATE ISSUED: 8/21/2018 17 of 19 -HCDE
employment and may be required to reapply for employment with the Department. Placement shall be subject to availability of a position for which the employee is qualified. Administrative Maximum Amount Workers Compensation The Superintendent may place an employee on administrative leave, at his or her discretion, in the following circumstances: 1. Pending the investigation of a complaint or allegation of wrongdoing against the employee by the Department, law enforcement or other regulatory entity; or 2. When the Superintendent determines such placement to be in the best interest of the Department. Contract employees may be placed on administrative leave with pay; non-contract employees may be placed on administrative leave without pay. An employee may be placed on administrative leave for a definite or indefinite period of time at the Superintendent s discretion. The combination of all leave statuses (FMLA, Temporary Disability and of Absence) shall not exceed a total of 180 days. Note: Workers compensation is not a form of leave: it is an income replacement program. The workers compensation law does not require the continuation of the Department s contribution to health insurance. [See CRD (LO- CAL) regarding payment of insurance contribution during employee absences.] An employee absent because of a work-related injury or illness shall be assigned to family and medical leave, temporary disability leave, and/or assault leave, as applicable. An employee eligible for workers compensation wage benefits, and not on assault leave, shall indicate in writing 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; b. The employee elects to discontinue use of paid leave; or leave payments are less than the employee s pre-injury average weekly wage. DATE ISSUED: 8/21/2018 18 of 19 -HCDE
Default When Information Is Not Available The Department has elected not to allow the offset payment option while an employee is out on workers compensation. In the absence of an indication from the employee regarding his or her choice to receive workers compensation wage benefits or paid leave as stated above, the Department shall elect for the employee the option to receive workers compensation wage benefits. Original Adoption: 5/18/2004 Revision(s): 2/28/2006 4/18/2006 9/19/2006 5/20/2008 12/14/2010 11/15/2011 2/28/2012 2/26/2013 3/1/2013 8/16/2016 6/20/2018 DATE ISSUED: 8/21/2018 ADOPTED: 19 of 19 -HCDE