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R 4320 Personnel Leave

Absences, Leave and Vacation

Consistent contact with students and staff is important to the learning environment and district operation and therefore is an essential duty of a professional staff member's position. Wien a professional staff member is routinely tardy, frequently absent or is absent for an extended period of time, the learning environment and district operations deteriorate, and the students suffer.

Professional staff employees may be terminated for excessive absences or tardiness. Unless authorized by the Board or the superintendent or otherwise authorized by Jaw, an employee's absence or tardiness is considered excessive if it:

  1. Is for a reason not granted as paid or protected leave under Board policy.
  2. Exceeds the number of days allotted by the Board for that particular leave.
  3. Is for a reason authorized by Board policy but exceeds five (5) days a month, 20 days in a semester or 40 days per school year.

Even if the absence or tardiness is authorized by the Board or the superintendent 1 if the absence or tardiness occurs for a reason not granted as paid leave under Board policy or if it exceeds the number of days the employee has been granted under a designated leave, the employee's salary will be docked.

No employee will be disciplined or terminated for absences qualifying for protection under the Family and Medical Leave Act. (FMLA) or other applicable law.

The district may require an employee to present a certification of fitness to return to work whenever the employee is absent from work due to the employee's health.

The following leaves with pay will be provided to full-time professional staff employees. Part-time professional staff employees will receive these leaves on a pro rata basis:

Sick Leave - All full-time employees will be entitled to sick leave hours based on combination of their scheduled hours per day and months of service (plus one day in daily hour increment). A 12 month, 8 hour/day employee is entitled to 104 sick hours, an 11 month, 8 hour/day employee is entitled to 96 sick hours, 10 month, 8 hour/day employee is entitled to 88 sick hours, for 9 month employees; a 7.50 hour/day employee is entitled to 75 sick hours, a 6.75 hour/day employee is entitled to 67.50 sick hours and 6 hour/day employee is entitled to 60 sick hours.

1.         Unused sick leave days max out at a cumulative 800 hours for support staff and certified staff. Any hours over 800 at the end of the year will be converted back to days and paid to employee at a rate of $75 per day. Upon termination of employment, after at least 5 years of service, the accumulated sick hours up to the max of 800 hours are converted back to days and are paid out to the employee at a rate of $1.00 per day accumulated for each year of service with the District.

A full-time employee who needs more sick leave time than is allowed may request up to the ten (10) additional days, which will be converted into hours based on their scheduled daily hours. The employee’s regular pay will be reduced by $70.00/day for a substitute in a Certified position and $30.00/day for Support Staff, regardless whether or not a substitute is hired. Time lost before actually beginning the work of any given year shall not be allowed for a new employee. A first year employee would be eligible for sick leave after actually beginning work.

Absences may be charged against sick leave in hour increments for the following reasons:

  1. Illness, injury or incapacity of the employee. The Board reserves the right to require a physician’scertification attesting to the illness or incapacity of the claimant and/or inclusive dates of the employee’s incapacitation.The FMLA health certification procedures apply to FMLA-qualifying absences, even if such absences are paid sick leave.
  2. Illness, injury or incapacity of a member of the immediate family. The Board defines “immediate family” to include spouse, parent, grandparent, child, sibling, daughter or son-in-law, grandchild or non-family member residing within the staff member’s home. (Note: “Family” for FMLA purposes is more limited.)
  3. Illness, injury or disability of other relatives, with permission granted by the superintendent.

A district employee may not use sick leave during the period the employee receives Workers’ Compensation for time lost to work-related incidents.

A district employee may not be entitled to use sick leave during the period the employee receives Workers' Compensation for time lost to work-related incidents.

Upon leaving the system after ten (10) years of service, full-tlme employees will receive $1 per year of service spent in the district for each unused sick leave day.

2.         Bereavement Leave - Five (5) days leave will be granted if a death occurs in the immediate family of the employee or employee's spouse and will not be charged against the employee's sick leave. If extra time is needed, five (5) additional days may be requested from the superintendent which will be charged against sick leave. The Board defines "immediate family" to include spouse, parents, children, children's spouses, grandparents, grandchildren and siblings of an employee or employee's spouse and any other family member residing with the employee.

Two (2) days leave may be granted for attending the funeral of a relative other than the immediate family of the employee which will not be charged against the employee's sick leave. One (1) additional day may be requested from the superintendent which will be charged against sick leave. One (1) day leave may be granted for attending a funeral other than for relative, but it will be charged against sick leave.

3.         Personal Leave - A maximum of two (2) days of personal leave will be available per school year. Unused personal leave days will accumulate as sick leave days.

Absences may be charged against personal leave for the following reasons;

  1. Tax investigation.
  2. Court appearances, unless applicable law requires no leave be charged to the employee.
  3. Wedding or graduation.
  4. Observance of a religious holiday.
  5. Conducting of personal business of such a nature that it cannot be performed on a Saturday, Sunday or before or after school hours, including parent/teacher conferences,
  6. Leave connected with duty as a volunteer firefighter member of Mlssouri-1 Disaster Medical Assistance Team, Missouri Task Force One, or Urban Search and Rescue Team.
  7. Leave under the FVILA.
  8. Leave for other purposes as approved by the building principal.

Whenever possible, it is expected that requests for leave will be made in writing to the designated administrator at least 48 hours In advance of the time leave is requested. However, 30 days' notice is required by law if the leave qualifies as FMLA leave and such notice is practical. The administrator will respond promptly to the employee's written request.

A district employee may not use personal leave days during the period the employee receives Workers' Compensation for time lost to work-related incidents. A district employee may not use personal leave during or on a contracted district Professional Development day. However, with administrative approval a district employee may be granted professional leave to attend another Professional Development opportunity.

4.         Vacation - All professional staff employed on a 12-month basis will be entitled to ten (10) days of vacation per year. After 15 years of consecutive years of service 12-month professional employees shall be entitled to 15 days of vacation. An employee must submit a written request for vacation to the superintendent or designee and receive written authorization before taking vacation days. If the employee's absence may disrupt district operations, the superintendent or designee has the discretion to deny a request for vacation or to limit the time of year the employee may take his or her vacation. A district employee may not use vacation days during the period the employee receives Workers' Compensation for time lost to work-related Incidents,

Unless provided, the following leaves will be provided to full-time and part·time professional employees:

  1. Holidays - Labor Day Thanksgiving Day, Christmas Day, New Year's Day, Memorial Day, July 4th.
  2. Professional Leave - Teachers may be granted professional leave upon the approval of the superintendent or designee. Professional leave must be arranged well in advance, and is not considered personal leave,
  3. Jury Duty Leave - An employee will be granted paid leave for me spent responding to a summons for jury duty, time spent participating in the Jury selection process or time spent actually serving on a jury, An employee will not be terminated, disciplined, threatened or otherwise subjected to adverse action because of the employee's receipt of or response to a jury summons.
  4. Military Leave - The Board shall grant military leave required by law.
  5. Election Leave - Any employee who Is appointed as an election Judge pursuant to state law may be absent on any election day for the period of time required by the election authority. The employee must notify the district at least seven (7) days prior to any election in which the employee will serve as an election judge. No employee will be terminated, disciplined threatened or otherwise subjected to adverse action based on the employee's service if they choose or are chosen as an election judge.
  6. Leave to Vote - Employees who do not have three (3) successive hours free from work while the polls are openwilll be granted a leave period of three (3) hours for the purpose of voting. Requests for such leave must be made prior to that day, and the employee's supervisors wilt designate when during the "work day the leave should be taken. Any employee who properly requests leave to vote and uses the leave for that purpose will not be subject to discipline, termination or loss of wages or salary.
  7. Leave for Court Subpoena - If he subpoena is directly related to the employee's school duties, the employee will be released for court appearance without loss of leave. Other court appearances will be deducted from personal leave.
  8. Firefighter Leave - Employees must be allowed to use personal, vacation and/or unpaid leave for any time taken to respond to an emergency in the course of performing duties as a volunteer firefighter. For the purposes of this section, "volunteer firefighter" includes members of Missouri Disaster Medical Assistance Team, Missouri Task Force One and Urban Search and Rescue Team. Employees covered under this section shall not be terminated from employment for joining a volunteer fire department or for being absent from or late to work in order to respond to an emergency.
    Employees shall make every reasonable effort to notify the building principal or supervisor if the employee may be absent from or late to work under this section. Employees are required to provide their supervisors with a written statement from the supervisor or acting supervisor of the volunteer fire department stating that the employee responded to an emergency along with the time and date of the emergency.
  9. Crime Victim Leave - Any employee who is a crime victim, who witnesses a crime or who has an immediate family member who is a crime victim will not be required to use vacation, personal or sick leave. In order to honor a subpoena to testify in a criminal proceeding, attend a criminal proceeding or participate in the preparation of the criminal proceeding.

Pregnancy, Childbirth and Adoption Leave

This section creates no rights extending beyond the contracted period of employment. FMLA Leave Act 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 practical, the employee must give as much notice as possible. 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 (e adoption or foster care of a child will have such leave applied in accordance with the FMLA, as detailed in the following section. The district shall only apply up to six (6) weeks of accrued paid leave to such absences. Employees who are ineligible for FMLA leave may take up to six (6) weeks of leave for the birth, first year care-adoption or foster care of a child and may use any combination of accrued sick leave, personal leave, vacation leave or unpaid leave. Pregnant employees who need more than six (6) weeks of paid or unpaid leave for a pregnancy related incapacity must provide certification of the medical necessity for such leave.

Notice

Information concerning the employee1s rights under this act will be posted in accordance with law and will be provided in any employee handbooks that are distributed.

For any employee who is not eligible for the FMLA leave, including any employee who has exhausted available FMLA-protected leave, requests for leave and the use of benefits time shall proceed according to the district's established policies, and the procedural requirements of the FMLA shall not apply where they are not mandated by law.


Board Approved Date: October 10, 2016