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R 4320 Personnel Leave

Paid Personal Leave

The Superintendent/designee has the right to deny any request for Paid Personal Leave that does not conform to the policy or would cause a hardship to students or staff. District employees will have Paid Personal Leave available for use for sick, vacation, or personal leave. This leave will be granted as follows and may accumulate to no more than 90 days, leave in excess of 90 days will be paid out at a rate of $50/day:

Certificated Staff

• Teachers - 1 O days per year

• Principal/Assistant Principal - 11 days per year

• Superintendent - 12 days per year

Support Staff

• Paraprofessionals/Cook/Nurse - 9 days

• Secretary - 10 days

• Technology Director - 10 days

• Bookkeeper/12-month Custodians - 12 days

Additionally, each certificated employee will be granted 3 paid opportunities per year to leave one hour early (2:30 p.m.) for dental or doctor visits. The employee is responsible for securing a certificated teacher to cover their class during that time.

District employees must submit an Absence Request Form for any absence at least 48 hours in advance to their building principal, except as otherwise required under this regulation.

Upon separation from employment, any employee who resigns or retires will be reimbursed for unused Paid Personal Leave as provided in the district's Personnel Leave Policy (P 4320).

Except under special circumstances, approved by the Superintendent, employees shall not take leave during:

• The first or last week of school;

• The work day immediately prior to or following any holiday or vacation;

• The work day immediately prior to the weekend preceding any holiday or

vacation; or

• The work day immediately following the weekend after any holiday or vacation.

No more than 2 employees may be gone from each building (elementary and high school) on the same day due to Paid Personal Leave.

Bereavement Leave

A maximum of 3 days may be used in any school year for bereavement purposes. Bereavement leave is paid leave, available only upon the death of a member of the employee's immediate family. For purposes of this provision, the Board defines "immediate family" as spouse, parent, grandparent, child, sibling, or grandchild of an employee or of an employee's spouse, or non-family residing within the employee's home. Bereavement leave is not accumulative. After exhaustion of the 3 days of bereavement leave, an employee may be permitted to use Paid Personal Leave upon approval of the Superintendent/designee.

Leave for Jury Duty

Employees will be granted paid leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or time spent actually serving on a jury. Employees called for jury selection or service on a jury will not be requested or required to use annual vacation, personal leave, or sick leave for time required in such civic service.

Leave to Testify in Court Proceeding

Any employee subpoenaed to testify in a civil or criminal proceeding related to his or her duties as an employee of the district will be granted leave with pay. Employees will receive their normal pay less any witness fees received. Employees will be required to use Paid Personal Leave for other court appearances not related to an employee's duties.

Military Leave

An employee who is a member of the National Guard, or an organized military service of the United States, and who is required by laws of the United States or the State of Missouri to report for military duty, including training, shall be eligible for a grant of military leave.

Application for military leave shall be made in advance, as soon as practicable after the employee becomes aware of his/her obligation to report and immediately upon the employee's receipt of official notice to report. A copy of the official orders must be added to the leave application. The Superintendent/designee must approve the application. Emergency mobilization orders shall be dealt with on an individual basis.

The District recognizes that employees who receive notice to report for duty typically are not provided with discretion as to when to report. However, whenever an employee has a choice as to when to report for military duty, the employee's military leave shall be arranged during periods in which school is not in session. When the employee is given a choice as to when to report for duty, the Superintendent/designee may request that the employee seek a change in military orders if such a change appears to be in the best interest of the District.

Employees shall receive leave with pay for the first 15 calendar days of military leave in each federal fiscal year. Additional military leave shall be without pay, except as required by federal and state law.

Each employee shall furnish a copy of the employee's military payroll voucher to the Superintendent/designee within 30 days of the employee's return to regular assignment so that the necessary salary adjustments can be made.

Employee eligibility for reinstatement after military duty is completed shall be determined in accordance with federal and state laws.

Leave of Absence

The Board of Education may, upon the written request of a certificated teacher, and for good cause shown, grant an unpaid Leave of Absence or place him or her on a part-time teaching schedule for a period of one year, subject to renewal for one additional year only. Upon the recommendation of the Superintendent/designee and the approval of the Board, a teacher may be granted a leave of absence for non-Family and Medical Leave Act (FMLA) child care, education, or other good cause. Application for a Leave of Absence is to be made in writing to the Superintendent/designee via the teacher's Principal/supervisor and must include the period for which the Leave of Absence is requested and the reasons for the request. The period should be set to least disrupt the education of students. Requests for a Leave of Absence for an entire school year should be made in writing before March 1 of the preceding year.

If a Leave of Absence is approved by the Board, the employee is not paid for the period of the leave. Insurance benefits may be continued by the employee by making all payments to the Payroll Office, one month in advance.

Whenever a Leave of Absence has been granted by the Board to the end of the school year, the employee must notify the Superintendent in writing by the first day of March of an intention to resume his/her position at the beginning of the next school year. Failure to notify the Superintendent/designee of such intention will be regarded as a resignation.

If desired, and whenever feasible, the teacher will be placed on the same or equivalent position to the one held prior to the approved leave.

NOTE: Leave of Absence without pay under the provisions of this regulation does not apply as service towards tenure for probationary teachers.

Pregnancy, Childbirth, and Adoption Leave

This section creates no rights extending beyond the contracted period of employment FMLA certification and recertification procedures apply to FMLA-eligible employees. An employee must notify the district of the need for and anticipated duration of the leave at least 30 days before leave is to begin, if foreseeable. If 30 days' notice is not possible, the employee must give as much notice as practicable. A pregnant employee shall continue in the performance of her duties as long as she is able to do so and as long as her ability to perform her duties is not impaired, based on medical opinion.

Employees eligible for FMLA leave for the birth, first-year care, adoption, or foster care of a child will have such leave applied in accordance with the FMLA. All paid leave accrued must be used prior to any unpaid leave. The district shall allow the usage of up to 12 weeks of accrued paid leave.

Employees who are ineligible for FMLA leave may take up to 12 weeks of leave for the birth, first-year care, adoption, or foster-care of a child and may use any combination of Paid Personal Leave or unpaid leave.

Pregnant employees who need more than 12 weeks of paid or unpaid leave for pregnancy-related incapacity must provide certification of the medical necessity for such leave.

Leave taken for medical conditions related to pregnancy and for which FMLA leave is not available shall be subject to reasonable requirements consistent with business necessity including, but not limited to, requirements related to notice, medical certification, and return to duty.

Other Leave Required by Law

This section creates no additional rights extending beyond those created in the referenced laws. There may be other types of leave available to certain district employees under state and federal   law, including but not limited to: leave for members of the civil air patrol (§41.1000, RS Mo); leave for members of the United States Coast Guard Auxiliary (§41.1005, RS Mo); leave for  firefighters (§320.336, RS Mo); leave for an election judge (§115.102, RSMo); leave for time to vote (§115.639, RSMo); and leave for crime victims (§595.209). Any employee desiring an explanation of any other types of leave may arrange a conference with the Superintendent/designee.

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Last Updated: January 2019