SICK LEAVE Policy 4150.4 January 2012 SICK LEAVE EARNED 4.1.1 Eligibility and Rate of Earning Full-time employees: All regular full-time employees working or on paid leave (including paid holidays and Worker s Compensation) for one-half or more of the work days in any monthly pay period earn one sick day per month or the number of hours worked daily by a full-time employee in that class of work up to a maximum of eight hours. Part-time employees: All regular part-time employees working or on paid leave (including paid holidays and Workers Compensation) for one-half or more of the work days in any monthly pay period shall earn sick leave computed on a pro rata basis of the amount earned by a full-time employee in that class of work. Regular part-time employees previously employed in a full-time position retain the balance of sick leave earned in the prior position upon transferring to a part-time position. Units: Sick leave must be used in one-half days, whole days, or hours as determined for earning purposes by the local board. Only sick leave taken on an employee s workday shall be deducted from the employee s sick leave balance. The Board of Education allows employees to use sick leave in increments of no less than one (1) hour upon prior notice to the employee s immediate supervisor. School bus drivers must use sick leave in hour increments for no less than the time necessary for all bus runs during a morning, mid-day or afternoon route to complete. Accumulation: Sick leave may be accumulated indefinitely. 4.1.2 Purposes for Which Sick Leave May Be Used. Sick Leave may be used for: Actual period of temporary disability caused by or contributed to by personal illness or injury which prevents an employee from performing his or her usual duties. Sick leave due to pregnancy, miscarriage, abortion, childbirth, or postnatal recovery shall be treated in the same manner as any other temporary disability. Sick leave may be used during the sixty (60) day waiting period or in lieu of short-term disability benefits. Sick leave may be used in lieu of Workers Compensation to maintain 100% salary. (See Policy 4150.9) Medical appointments of the employee. When possible and practical, employees shall schedule medial and dental appointments outside of the normal work day. Illness in the immediate family and medical appointments related to the illness that necessitate the employee s attendance. Death in the immediate family.
Policy 4150.4 Page 2 (e) (f) The length of leave granted for illness or death in the immediate family shall be determined by the local administrative unit and shall be based on individual employee need. Notice of Elective Surgery. Whenever possible, employees should give 30 days advance notice of plans to take sick leave for elective medical or surgical procedures or for childbirth. 4.1.3 Verification of Need for Sick Leave: The superintendent may require a statement from a medical doctor or other acceptable proof that the employee was unable to work due to personal illness, medical appointment, illness or death in the family. (See local Policy below.) 4.1.4 Accumulation During Summer Employment: Any employee who earned sick leave during the regular school term will continue to earn sick leave during the summer if employed in the same school system at least 20 hours per week, even if employed in a temporary or interim position for the summer. The rate will be pro rata if the summer employment is less than full-time. The employee may use sick leave during the summer for the same reasons permitted during the regular term. 4.1.5 Limitation on Sick Leave Sick leave may not be used while on leave without pay or on holidays and annual leave days scheduled in the school calendar. An absence covered by Workers Compensation is not considered to be a leave without pay. Sick leave may be used on any workday or student day including the first day employees in regular positions report to work. An employee who had previously earned sick leave may not use this leave while employed in an interim position of less than six months; or a position of less than 20 hours per week except as provided in Policy 4150.1, Section 1.1. 4.1.6 Advancement of Sick Leave: An employee may have advanced to his or her credit at the beginning of each year the number of days or hours of sick leave to which he or she is entitled for that school year. The local superintendent shall assume full responsibility for the decision to advance sick leave to an employee. 4.1.7 Reinstatement Following Sick Leave: When the period of temporary disability does not exceed thirty (30) working days, the employee shall be reinstated in his or her position at the termination of the period of temporary disability. When the period of temporary disability exceeds thirty (30) working days, the local superintendent shall determine when the employee is to be reinstated based on consideration of the welfare of the students and the need for continuity of instruction (subject to the provisions of the Family Medical Leave Act and local policy below).
Policy 4150.4 Page 3 4.1.8 Sick Leave Upon Separation: In the event the employee separates from service before earning sick leave which has been advanced, a deduction will be made from the final salary check for the total unearned sick leave used. Pay for unused sick leave is not permitted, except when an employee has been approved for long term disability. Accumulated sick leave counts as creditable service towards retirement. One month of credit is allowed for each 20 days of unused sick leave upon retirement. One more month is allowed for any part of 20 days left over. 4.1.9 Transfer of Sick Leave: Between school systems: Unused sick leave must be transferred between local school administrative units. Leave to be accepted by a school system must not have been earned at a greater rate than the rate set forth in Section 4.1.1 above. To and from other governmental agencies: Sick leave may be transferred in whole or in part to and from a State agency, institution, community college, technical institute or positions covered by the State Personnel Act in county agencies of mental health, public health, social services or emergency management if the receiving agency is willing to accept the leave. Leave to be accepted by a school system must not have been earned at a greater rate than the rate set forth in Section 4.1.1 above. If the government agency refuses to accept sick leave earned by a school system employee, there is no lump-sum payout to the employee. 4.1.10 Reinstatement of Accumulated Sick Leave: Within or between school systems: A former employee must be credited with all sick leave accumulated up to the time of separation from a school system provided that the employee is reinstated as a regular employee within sixty (60) calendar months from the date of separation. From other governmental agencies: Sick leave may be reinstated from a State agency or institution, community college, technical institute or county agency of mental health, public health, social services or emergency management when the employee is employed within sixty (60) calendar months of separation from one of these. Leave to be accepted by a school system must not have been earned at a greater rate than the rate at which the system s employees earn leave.
Policy 4150.4 Page 4 4.1.11 Payout of Sick Leave There is only one payout of sick leave allowed. Prior to receiving long-term disability benefits, an employee approved for long-term disability must be paid in lump-sum for any accumulated, unused sick leave. No other payout of sick leave is allowed. At retirement, unused sick leave is credited to retirement service as described in 4.1.8, but there is no payment. 4.1.12 Accounting and Reporting: The Board of Education shall establish procedures necessary for reporting and accounting of sick leave. EXTENDED SICK LEAVE 4.2.1 Eligibility and Rate of Earning: Regular full-time or part-time classroom teachers or media coordinators, excluding teacher assistants, who are absent due to their personal illness or injury in excess of their accumulated sick leave, are allowed extended sick leave of up to twenty (20) workdays throughout the regular term of employment. The preceding notwithstanding, extended sick leave is not available beyond the waiting period necessary for Workers Compensation Leave and Short Term Disability Leave. 4.2.2 Use In order for a newly-hired employee to be eligible for extended sick leave, he or she must have reported to work. Verification. The local school system may request appropriate medical verification of the need for extended sick leave. Extended sick leave days do not have to be used consecutively. Unused extended sick leave days do not carry forward to succeeding school years. 4.2.3 Deduction Employees on extended sick leave receive full salary less the appropriate substitute pay. The deduction is mandatory whether or not a substitute is employed. The standard deduction is $50 per day. VOLUNTARY SHARED LEAVE 4.3.1 Purpose. The purpose of voluntary shared leave is to provide economic relief for employees who are likely to suffer financial hardship because of prolonged absence or frequent short-term absences caused by a serious medical condition. 4.3.2 Eligibility Only regular employees who have exhausted all accumulated paid leave (sick leave and annual vacation leave, if applicable) are eligible to receive donated leave. An
Policy 4150.4 Page 5 employee need not exhaust personal leave and the 20 days of extended sick leave to be eligible for voluntary shared leave. An employee who is receiving benefits or is eligible to receive benefits from Disability Income Plan and elects to use paid leave is not eligible to receive donated leave. Voluntary shared leave may be used only during the required waiting period. This revision is not retroactive. The Superintendent shall approve or disapprove all requests for receipt of donated leave. 4.3.3. Application An employee who, due to a serious medical condition of self or of his or her immediate family, faces a prolonged or frequent absence from work may apply to the Superintendent of the LEA for donated leave. Application may also be made by a third person acting on the employee s behalf if the employee is unable to make application. Immediate family as defined for receipt of Voluntary Shared Leave includes only the employee s spouse, children, parents, brothers, sisters, grandparents, grandchildren, and dependents residing in the employee s household. Also included are the step, half, and in-law relationships. An employee may make application for shared leave at such time as medical evidence is available to support the need for leave beyond the employee s available accumulated leave. The following items must be included in the application: 1. A doctor s statement must be attached to the application. 2. An authorization for release of medical information signed by the person who is suffering the medical condition (or parent or guardian of a minor). This release may also be signed by any legally authorized party. 4.3.4 Donation of Leave Annual Vacation Leave. Any eligible employee in the LEA may donate annual vacation leave to any approved employee in the same LEA. Family members may donate annual vacation leave to an immediate family member (see Section 01.1.9 of State Board Policy) in another LEA, community college or state agency. Employees of an LEA may donate annual vacation leave to the immediate family of a coworker if the coworker s immediate family member is eligible for donated leave and works in another LEA, state agency, or community college. For the purpose of Voluntary Shared Leave, a state agency includes the University of North Carolina System and its 16 constituent institutions; the central administration of the Community College
Policy 4150.4 Page 6 System of North Carolina; Council of State Agencies (Office of the Lieutenant Governor, Department of State Treasurer, Department of the State Auditor, Secretary of State, Department of Justice, Department of Public Instruction, Department of Agriculture and Consumer Services, Department of Insurance and Department of Labor) and the Cabinet Agencies (Department of Administration, Department of Correction, Department of Commerce, Department of Crime Control and Public Safety, Department of Cultural Resources, Department of Health and Human Services, Department of Environment and Natural Resources, Department of Transportation and Department of Revenue and other Boards, Commissions and agencies as identified by the Office of State Personnel.) Any questions regarding eligibility may be clarified with the North Carolina Department of Public Instruction, School Personnel Support Section. Bonus leave may also be donated. (See Bonus Leave, Section 03.4.) There is no provision for public school employees to donate or receive annual vacation leave from employees or family members in county agencies of mental health, public health, social services or emergency management including those covered by the State Personnel Act. A donating employee may not donate more annual vacation leave than he or she could earn in one year. Additionally the amount donated must not reduce the donor s annual leave balance below one-half of what that person can earn in the year. Sick Leave: Sick leave may be donated only to an employee who is an immediate family member (see Section 01.1.9) of the donor. Sick leave may be donated to an immediate family member in the same or another LEA, community college or state agency. For the purpose of Voluntary Shared Leave, a state agency includes the University of North Carolina System and its 16 constituent institutions; the central administration of the Community College System of North Carolina; Council of State Agencies (Office of the Lieutenant Governor, Department of State Treasurer, Department of the State Auditor, Secretary of State, Department of Justice, Department of Public Instruction, Department of Agriculture and Consumer Services, Department of Insurance and Department of Labor) and the Cabinet Agencies (Department of Administration, Department of Correction, Department of Commerce, Department of Crime Control and Public Safety, Department of Cultural Resources, Department of Health and Human Services, Department of Environment and Natural Resources, Department of Transportation and Department of Revenue and other Boards, Commissions and agencies as identified by the Office of State Personnel.) Any questions regarding eligibility may be clarified with the North Carolina Department of Public Instruction, School Personnel Support Section. There is no provision for public school employees to donate or receive sick leave from employees or family members in county agencies of mental health, public health, social services or emergency management including those covered by the State Personnel Act.
Policy 4150.4 Page 7 A donating family member may not reduce his or her sick leave below one half of what that person can earn in a year. (e) (f) (g) All leave donations must be to a designated employee approved by the Superintendent for receipt of donated leave and may not be made to a pool or bank. All donations must be in writing and must be signed by the donating employee. The employee receiving the leave must be named and the amount and type of leave donated shall be specified. For the purpose of voluntary shared leave, all leave donated will be credited to the recipient s sick leave account. The minimum amount to be donated is one half of a day. The donating employee may not receive compensation in any form for the donation of leave. Local boards shall adopt policies stating that acceptance of remuneration for donated leave will result in dismissal. 4.3.5 Length of Leave The superintendent of the LEA will determine the length of the leave. The leave granted may not exceed the maximum described below in. Under no circumstances may the use of voluntary shared leave exceed the employee s period of treatment and recovery. An employee may normally receive no more than 130 workdays of donated leave, either continuously or for the same condition on a recurring basis. After 130 workdays have been used, the superintendent may extend this limit on a month-to-month basis until the maximum number of working days occurring between the first day of use of donated leave and twelve months has been used. This provision is only available for those deemed ineligible for short term disability. 4.3.6 Earning Leave While Using Voluntary Shared Leave Holidays occurring while the employee is using donated leave will be paid. Annual vacation and sick leave will continue to be earned by the employee while he or she is using donated leave. Available earned leave accrued during this period must be used by the employee prior to continued use of any voluntary shared leave. An employee receiving pay from workers compensation may use donated leave during the required waiting period and to supplement the Workers Compensation as provided in Policy 4150.10. 4.3.7 Unused Leave. At the expiration of the period approved for voluntary shared leave as determined by the superintendent of the LEA, any donated leave in excess of 40 hours must be returned on a pro rata basis to the donors.
Policy 4150.4 Page 8 VOLUNTARY SICK LEAVE BANK 4.4.1 Establishing a Voluntary Sick Leave Bank. An LEA may establish a voluntary sick leave bank for its employees. Any employee of an LEA that establishes a voluntary sick leave bank may, but is not required to, participate in the voluntary sick leave bank. 4.4.2 Factors Used to Develop a Sick Leave Bank. The LEA shall develop and implement a plan for participation that shall include the factors listed in G.S. 115C-336(i)-(vii) and the following: A uniform number of days to be contributed to the bank by participants, Provisions for legitimate use of days by participants, Means to protect against overdraft of total contributed days, and Safeguards to prevent abuse by participants. 4.4.3 Sick Leave Bank Committee. The LEA shall establish a sick leave bank committee to administer the sick leave bank, subject to the following requirements: (e) The LEA shall assure that all local personnel are equitably represented on the committee. The LEA shall develop operational rules for the efficient and effective functioning of the bank. The LEA shall develop procedures for participants use of days based upon requirements of the plan. The LEA shall specify the limits of the committee s authority. The committee shall notify all participating employees of the ways in which their participation will affect their state retirement account. 4.4.4 Required Operational Procedures. The LEA shall ensure that its operational procedures meet the following requirements: State funds for substitute teachers shall be used to pay for substitute teachers on days that teachers use sick leave from voluntary sick leave banks. The reporting to the division of School Business Services of the number of employees participating, itemized by job classification, the number of sick leave days withdrawn, the cost of the leave, and other data required for fiscal and programmatic accountability. DISABILITY INCOME PLAN
Policy 4150.4 Page 9 4.5.1 Plan Administration. The Disability Income Plan of North Carolina is administered by the North Carolina Department of the State Treasurer and the Board of Trustees of the Teachers and State Employees Retirement System within the terms and conditions of the Plan as set forth in the North Carolina General Statutes. The information in this section is provided as a brief overview of the Disability Income Plan and does not substitute for or in any way alter the detailed provisions of the Retirement System law. 4.5.2 Short-Term Disability Benefits Eligibility- Employees with at least one year of contributing membership service in the Teachers and State Employees Retirement System earned within 36 calendar months preceding the disability are eligible for short-term disability benefits. Waiting Periods- After a waiting period of 60 continuous calendar days from the onset of a disability, an eligible employee may receive a monthly short-term benefit equal to 50% of 1/12th of his or her annual base rate of compensation plus 50% of 1/12th of his or her annual longevity payment, if any, to a maximum of $3,000 per month. A person in receipt of short-term disability benefits is covered under the Teachers and State Employees Comprehensive Major Medical Plan, with the State contributing the cost of employee-only coverage, provided the person had contributed to the Retirement System at least five years as a teacher or State employee at the time of disability. A person in receipt of benefits who did not meet the five-year requirement at the time of disability may elect to continue coverage under the Major Medical Plan by paying the full premium required. Short-term disability benefits may be extended for as many as 365 days beyond the original short-term period in cases where the Medical Board finds that the disability continues to be temporary and is likely to end during the extended period. 4.5.3 Long-Term Disability Benefits Employees with at least five years of contributing membership service with the Teachers and State Employees Retirement System, earned within 96 calendar months prior to the end of the short-term disability period, are eligible for long-term disability benefits. Long-term disability payments are payable after the conclusion of the short-term disability period. During the first 36 months of the long-term disability period, the monthly long-term benefit will equal 65% of 1/12th of the employee s annual base rate of compensation that was last payable prior to the beginning of the short-term benefit period plus 65% of 1/12th of the annual longevity payment, if any, to a maximum of $3,900 per month. After the first 36 months of the long-term disability period, the long-term benefit is reduced by an amount equal to the primary Social Security disability benefit to which the employee might be entitled had he or
Policy 4150.4 Page 10 she been awarded Social Security disability benefits. A person in receipt of long-term disability benefits is covered under the Teachers and State Employees Comprehensive Major Medical Plan, with the State contributing the cost of employee-only coverage. An employee approved for long-term disability benefits must terminate employment as a regular employee prior to receiving long-term disability benefits. An employee approved for long-term disability benefits who has not exhausted accumulated sick leave must be paid a lump sum for any available sick leave. (Note: This does not include extended sick leave, and this is the only time an employee may be paid in lump sum for unused sick leave.) 4.5.4 More Information - Detailed information on the Disability Income Plan is available in the booklet Your Retirement Benefits published by the State Retirement System (919-733-4191). 4.5.5 Eligibility for Benefits - Local Policy 4.5.5.1 Short-Term Benefits The Board of Education delegates to the Superintendent or his designee (which may be a committee appointed by the Superintendent) the authority to determine whether or not an employee is disabled due to a mental and/or physical disability; is no longer able to perform his or her usual occupation; and, therefore, is eligible for short term benefits under the DIP Plan. At a minimum, the Superintendent shall require the employee to submit a Certificate of Need from his/her physician describing the nature of the employee s disability and the approximate length of time that the employee will be disabled, in the opinion of the employee s physician. In addition the Superintendent or his designee may require the employee to be examined by a physician selected by the Superintendent or his designee, at the Board s expense. The employee, his/her legal representative or the Superintendent may request the Board of Trustees of the State DIP Plan to have the Medical Board make a determination of the employee s eligibility for short term benefits. 4.5.5.2 Long-Term Benefits Eligibility for Long Term Benefits shall be determined by the Board of Trustees of the State DIP Plan as provided by G.S. 135-106. To be eligible, the Medical Board must certify:
Policy 4150.4 Page 11 1. That the employee is mentally or physically incapacitated for the further performance of duty; 2. That such incapacity was incurred while an employee was employed and has been continuous thereafter; 3. That such incapacity is likely to be permanent; and 4. That the employee was not in receipt of any payments due to the same incapacity which existed when the employee first established membership in the State Retirement System. 4.6.1 Notice of absence due to illness or disability: Advance Notice of Elective Surgery If an employee is unable, for any reason, to provide 30 calendar days advance notice of an elective medical or surgical procedure or for childbirth as provided above in Section 4.1.2 (f) of the State Sick Leave Policy, the employee, a member of an employee s immediate family or the employee s designee must notify the employee s immediate supervisor as soon as possible of the employee s absence due to an illness or disability. Notice of Absence Generally. An employee, a member of the employee s immediate family or the employee s designee shall notify the school system as soon as possible of the employee s absence due to an illness, injury or disability in accordance with the procedures established by the Superintendent or the employee s immediate supervisor. 1. Teachers, other instructional personnel, bus drivers, food service workers and any other job classification designated by the Superintendent should call/contact the substitute calling system or their immediate supervisor (as instructed by their immediate supervisor) before 7 PM if they will be unable to report to work the following day so the school system can contact and arrange for a substitute. Employees who become ill or injured after 7 PM should contact the substitute calling system as soon as possible and the school/supervisor at least one hour before they are to report to work so arrangements can be made to cover their class, bus, food service position or other duties. 2. An employee for whom a substitute is not required shall notify his/her immediate supervisor of an absence due to illness, injury or disability as soon as possible but in no event more than three (3) calendar days of the onset of the illness, injury or disability. Failure to Give Notice Grounds for Dismissal. 1 1. If a classified employee is absent from work for three (3) consecutive calendar days and the classified employee s immediate supervisor is not notified of the classified 1 Changes to subsection are effective July 1, 2007.
Policy 4150.4 Page 12 employee s illness, injury or disability, the classified employee will be considered to have voluntarily resigned his/her employment with the WS/FCS. 2. For a Career Employee and all other non-classified employees, failure to give this notice is considered to be neglect of duty as defined in N.C.G.S. 115C-325 and Policy 4118. 2 3. If it is determined an employee was so affected by an illness, injury or disability that it was impossible or unreasonable for the employee or a member of the employee s immediate family to notify the employee s immediate supervisor of the absence and the reasons for it, the employee should not be considered to have resigned or should not be dismissed, and should be reinstated. 4.6.2 Verification of Sick Leave School system personnel who are absent the day before or after a holiday or during the first or last 10 days of the school year also may be required to provide written documentation of the reason(s) for their absence. Excessive undocumented absences is considered neglect of duty and is grounds for a written reprimand or warning, a disciplinary suspension without pay or termination depending on the number and frequency of unexcused and/or undocumented absences. If an employee is absent for ten or more consecutive workdays or requests sick leave or Family Medical Leave for more than 10 consecutive work days due to the employee s serious health condition or to care for a spouse, child or parent who is ill or disabled, the employee shall be required to complete a Certificate of Need form which should include the following information: 1. The date the serious health condition began; 2. The probable duration of the condition; 3. The appropriate medical facts regarding the condition; 4. A statement from the employee s physician certifying that the employee is unable to perform the functions of his or her job; or 5. If the employee is requesting sick leave to care for a family member, a statement explaining the need for the employee to provide the care and an estimate of the time that the need will continue; and 6. If intermittent or reduced schedule leave is requested, the dates or proposed schedule for the intermittent or reduced schedule leave. 4.6.3 No Advancement of Sick Leave. Employees may not have advanced to their credit at the beginning of the school year or at any time sick leave days that they have not earned. 4.6.4 Sick Leave Increments. Sick leave may be used in half-day, full-day or one (1) hour 2 Overton v. Goldsboro City Bd. of Ed., 304 N.C. 312, 283 S.E.2d 137 (1986).
Policy 4150.4 Page 13 increments. An employee shall provide prior notice to the employee s immediate supervisor prior to using sick leave in hour increments. School bus drivers must use sick leave in hour increments for no less than the time necessary for all bus runs during a morning, mid-day or afternoon route to complete. If a paid substitute is required, the employee will be charged a minimum of a half-day absence. 4.6.5 Family Medical Leave Act (FMLA). Any employee, certificated or classified, that is eligible for a leave under the Family Medical Leave Act due to a serious health condition or to provide care for a family member, must use any accumulated sick leave, extended sick leave, shared sick leave and the Disability Income Plan to which the employee is entitled under these State and Local Sick Leave Policies prior to requesting a leave without pay under the FMLA and State and Local Leave Policies but the employee is not required to use or exhaust annual leave. 4.6.6 Recertification of Need. An employee on a sick leave in excess of 30 consecutive calendar days, or one month, shall be required to submit recertifications of need for sick leave monthly during the period of the employee s illness or disability. 4.6.7 Reinstatement After an Extended Absence - Licensed Personnel Absence less than 30 workdays: If a licensed employee is absent due to personal illness, injury or other disability (including pregnancy) for less than 30 working days, the employee, upon recovery, shall be entitled to immediate reinstatement in the position he or she held prior to the absence as provided by section 4.17 of the State Sick Leave Policy. Absence more than 30 workdays but 12 weeks or less If the employee has been employed for more than 12 months and more than 1250 hours during the last 12- month period and the absence is for a period of more than 30 workdays but 12 weeks or less, the employee, upon recovery, shall be entitled to reinstatement in the same or a similar position; provided, however, that the following rule applies to instructional personnel: if the leave is to begin more than 30 workdays before the end of a semester and the return to work will occur less than 3 weeks before the end of the semester, the principal may require the employee to remain on leave until the end of the semester. Absence more than 12 weeks but less than one year If the absence is for a period of less than one year, the employee, upon recovery, shall be entitled to reinstatement in the same or a similar position; provided, however, the Superintendent may, at his discretion, delay the instructional employee s reinstatement until the commencement of a grading period when necessary or appropriate to preserve the continuity of instruction. If the absence is for a period in excess of one year or an employee s accumulated sick leave, whichever is greater, an employee is not entitled to reinstatement but may be re-employed upon the recommendation of the Superintendent and the approval of the Board.
Policy 4150.4 Page 14 (e) An employee shall be required to submit a statement from a health care provider of the employee that the employee is able to resume work as a condition for reinstatement or re-employment. 4.6.8 Reinstatement after an extended absence - Classified Personnel (e) Absence less than 30 work days. If the period of temporary disability does not exceed 30 consecutive workdays, the employee shall be reinstated in his or her former position. Absence more than 30 days but 12 weeks or less: If the employee has been employed for more than 12 months and for more than 1250 hours during the last 12- month period and the period of temporary absence is more than 30 consecutive workdays but is 12 weeks or less, the employee shall be reinstated in the same or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. Absence more than 12 weeks but less than one year: If the employee has been employed for more than 12 months and for more than 1250 hours during the last 12- month period and if the period of temporary disability exceeds 12 weeks and the employee s accumulated earned sick leave but is less than one year, the employee shall be reinstated in the same type or a similar position as soon as possible. Absence in excess of one year: If the period of temporary disability exceeds one year and if the period of temporary disability exceeds the employee s accumulated earned sick leave, the employee shall have no right to reinstatement but may be re-employed upon the recommendation of the Superintendent and the approval of the Board of Education, at their discretion. An employee shall be required to submit a statement from a health care provider of the employee that the employee is able to resume work as a condition for reemployment. Adopted: May 1994 Revised: October 1994; August 1995; September 1996, May 1998; April 2003; February 2004; January 2005; December 2005; June 2006; March 2007; October 2008; March 2009; February 2010; April 2010; January 2012