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:
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.
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:
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 not 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.
Unless provided, the following leaves will be provided to full-time and part-time professional employees:
Pregnancy, Childbirth and Adoption Leave
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.