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R 4320 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. When 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 of the superintendent or otherwise authorized by law, 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 more than half of allotted days per semester all allotted time per year (those specific amounts can be found under the “Leave” portion of this regulation).

Even if the absence or tardiness is authorized by the Board or the superintendent, 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.

  1. Leave - All full time employees will be entitled to leave based on the number of months of service, plus 3 additional days (1 day more than the employee contract length and 2 days that would have previously been personal days for the employee). A 12 month employee is entitled 15 days, an 11 month employee is entitled to 14 days, a 10 month employee is entitled to 13 days, a 9 month employee is entitled to 12 days. Leave can be used in ½ day or 1 full day increments, with ½ increment being the minimum amount of leave requested. (Leave consists of what would have been sick days or personal days in prior version of 4320).

    Unused leave days max out at a cumulative 100 days for support staff and certified staff. Any days over 100 at the end of the year will be paid to employee at a rate of $75 per day. Upon termination of employment, after at least 5 years of service, the max of 100 days are paid out to the employee at a rate of $1.00 per day accumulated for each year of service with the District.

    Employees that need time off for bereavement may use up to five (5) days if a death occurs in the immediate family of the employee or the employee’s spouse and will not be charged against the employee’s leave. If extra time is needed, five (5) additional days may be requested from the superintendent which will be charged against 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.

    A full-time employee who needs more leave than is allowed may request up to the ten (10) additional days. The employee’s regular pay will be reduced by $75.00/day for a substitute, 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 the portion of after actually beginning work.

    Absences may be charged against leave for the following reasons:

    1. Illness, injury or incapacity of the employee. The Board reserves the right to require a physician’s certification 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.
    4. Tax investigation
    5. Court appearances
    6. Wedding or graduation
    7. Observance of a religious holiday
    8. 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.
    9. Leave connected with duty as a volunteer firefighter member of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One, or Urban Search and Rescue Team.
    10. Leave for other purposes as approved by a building Principal.

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

    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 (this is for planned leave only). 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 leave days during the period the employee receives Workers’ Compensation for time lost to work-related incidents. A district employee may not use 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. Also, staff members wanting to have 2 or more consecutive days off must first seek administrative approval.

  2. 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 request vacation time to 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 Worker’s 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 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. 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 open will 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 will 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 the 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 may 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-1 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

  1. Bereavement Leave- Five (5) days of 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 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 a relative, but it will be charged against 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 care-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 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.

    Information concerning the employee’s rights under this act will be posted in accordance with the 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 the 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: May 11, 2018