PROFESSIONAL STAFF SHORT-TERM LEAVES AND ABSENCES
Consistent contact with students and staff is important to the learning environment and district operation and therefore is an essential duty of 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 or 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.
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:
Professional Leave: Professional staff employees whose assignments call for 12 months of full-time employment will be entitled to 12 days of professional leave. Professional staff employees whose assignments call for full-time employment only during the regular school term will be entitled to 10 days of professional leave. Any absences beyond 12 days for 12-month employees or 10 days for employees that are employed during the regular school term will be considered sick leave and the employee must present a doctor’s excuse upon return to work. Professional leave days may be used for illnesses, to attend funerals or other personal business, at the discretion of the employee. An employee may use professional leave days for 3 consecutive days without giving a reason for the absence, unless taken in conjunction with a holiday. An employee may only take professional leave in conjunction with a professional development day or a scheduled day(s) off (i.e., first day of school, last day of school, holiday) if he or she is able to prove the leave was needed for reasons related to an illness, verified with a note from the physician or with prior approval of the Superintendent. An employee may only use more than 3 consecutive days for the following reasons related to illness or with prior approval of the Superintendent or Board.
An employee may use five consecutive days for bereavement when an immediate family member as defined by this regulation passes.
Any unused days will be accumulated and may be used in following years. However, accumulated days may only be used for reasons related to illness detailed above and verified with a note from the physician.
An absence of 1 to 4 hours shall be counted as a half-day of professional leave. Donation of professional leave days to any individual for any reason will not be permitted.
A district employee may not use professional leave days during the period the employee receives Worker Compensation for time lost to work-related incidents.
Any certificated employee who is a member of a retirement system shall remain a member during any period of leave under sick leave provisions of the district or under Worker Compensation. The employee shall also receive creditable service credit for such leave time if the employee makes contributions to the system equal to the amount of contributions that he or she would have made had he or she been on active service status.
To be paid for any professional leave days accumulated, the employee must notify their direct supervisor in writing of their intention to retire prior to March 15. If the 15th falls on a weekend, the Friday prior to the 15th will be the last day.
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.
Vacation: All professional staff employed on a 12 month basis will receive vacation as follows:
The Superintendent will receive four weeks vacation regardless of years of service in the district.
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 Worker Compensation for time lost to work-related incidents.
Bereavement: An employee may use five consecutive days for bereavement when an immediate family member passes. The Board defines “immediate family” to include spouse, parents, children, grandparents, grandchildren and siblings of an employee or employee’s spouse and any other family member residing with the employee.
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 up to one hundred twenty (120) hours of military leave in each federal fiscal year. Additional military leave shall be without pay, except as required by federal and state law. Any person entitled to military leave shall only be charged military leave for any hours which the person would otherwise have been required to work had it not been for such military leave at a minimum of one hour and additional charges will be in multiples of one hour.
Each employee shall furnish a copy of the employee's military payroll voucher to the Superintendent/designee within thirty (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.
Domestic/Sexual Violence Victim Leave (See Policy and Regulation 4323).
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 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 as an election judge.
Leave to vote: Employees who do not have three successive hours free from work while the polls are open will be granted a leave period of three hours for the purpose of voting. Requests for such leave must be made prior to Election Day, and the employee’s supervisors will designate when during the workday 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.
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.
Pregnancy, Childbirth and Adoption Leave: 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 duties is not impaired, based on medical opinion.
The employee may use accrued professional leave or vacation leave during periods of pregnancy-related disability and, if necessary, an unpaid leave of absence to begin at the time recommended by her physician. The employee shall return to duty when she is physically able, based on medical opinion, except that this paragraph creates no rights extending beyond the contracted period of employment.
Pregnant employees shall be treated the same as other employees who are similar in their ability or inability to work for all purposes under this policy.
An employee who is the primary caretaker of an adopted child will be provided the same leave opportunities afforded employees for pregnancy-related leave for the purpose of arranging for the child’s placement or caring for the child after placement.
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.
These rules are subject to pre-emption by the FMLA as necessary for FMLA-eligible employees.
Family/Medical Leave
Leave that qualifies for Family and Medical Leave Act protection will be administered in accordance with federal law.
Eligibility
To be eligible for FMLA leave benefits, the employee must:
An absence may qualify for FMLA protection if it is for one (1) of the following reasons:
Leave Protections
Eligible employees who are absent for a FMLA-qualifying reason generally may return to the same position or equivalent position with equivalent pay, benefits, and working conditions at the conclusion of the leave, in accordance with law. Eligible employees are entitled to continued participation in the district’s health plan as long as they are entitled to FMLA leave protection. However, an employee who fails to return to work after the expiration of his or her allowed leave time will be expected to reimburse the district for those benefits paid, as required by law.
Leave Application
For all FMLA purposes, the district adopts a 12-month leave year beginning on July 1 and ending the following June 30. All eligible employees are entitled to leave for a period not to exceed 12 workweeks per leave year. When an employee has an absence (taken as paid or unpaid leave) AND the absence meets the criteria to be an FMLA-qualified absence, the district may designate such absence as part of the employee’s total annual FMLA entitlement. If any employee is on a Worker’s Compensation absence due to an injury or illness that would also qualify as a serious health condition under the FMLA, the same absence may also be designated as FMLA-qualifying and charged against the employee’s FMLA-protected time entitlement.
The district shall apply paid leave, including professional leave and vacation time, to an FMLA absence to the extent allowed by the law, giving proper notice to the employee. If an employee’s accrued paid leave is exhausted but a FMLA-qualifying reason for absence persists, or a new FMLA-qualifying reason for absence occurs, the resulting absences will continue to be protected FMLA leave until the aggregate of 12 workweeks of designated FMLA leave has been reached, but such absences will be unpaid.
FMLA leave may be taken intermittently as required for the health of the employee or family member or as reduced-schedule leave in hourly increments. If intermittent leave or leave on a reduced schedule equals more than 20 percent of instructional time, the district may require instructional employees who take such leave due to medical reasons to take block leave or to find an alternative placement for the period of planned medical treatment. When an instructional employee on FMLA leave is scheduled to return close to the end of a school term, the district may elect to use a special rule to prolong the employee’s leave until the beginning of the next school term, thus extending the leave beyond the period where an FMLA-qualifying reason exists. In such an instance, the prolonged leave time is unpaid and is not charged against the employee’s annual FMLA entitlement. In cases where the special rules for instructional employees apply, the Superintendent may apply those special rules or the general FMLA rules as best serves the interest of the district.
The district reserves the right to require certification of the serious health condition of the employee or employee’s family member. Employees on FMLA-designated leave must periodically report on their status and intent to return to work. The district may also require that an employee present a certification of fitness to return to work.
Notice
Information concerning the employee’s 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.
PROFESSIONAL STAFF LONG-TERM LEAVES AND ABSENCES
The Board recognizes that the personal welfare and the professional growth of its employees may require occasional extended absences from duty. Therefore, the Board may grant the following long-term leaves of absence under specified conditions.
Sabbatical Leaves of Absence
The Board of Education may grant sabbatical leaves of absence to certificated employees for further professional study at the graduate level under the following conditions.
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 up to one hundred twenty (120) hours of military leave in each federal fiscal year. Additional military leave shall be without pay, except as required by federal and state law. Any person entitled to military leave shall only be charged military leave for any hours which the person would otherwise have been required to work had it not been for such military leave at a minimum of one hour and additional charges will be in multiples of one hour.
Each employee shall furnish a copy of the employee's military payroll voucher to the Superintendent/designee within thirty (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.
Domestic/Sexual Violence Victim Leave (See Policy and Regulation 4323).
One-Year General Leaves of Absence
The Board may grant a one-year general leave of absence for reasons other than the continuation of professional study, for example, illness, child rearing, adoption or other personal reasons. If
Applicable, the provisions of the Family and Medical Leave Act (FMLA) will be followed as required by law. General leaves are subject to the following conditions:
SUPPORT STAFF LEAVES AND ABSENCES
Consistent staffing is important to the learning environment and district operation and therefore is an essential duty of all employees. When an employee is routinely tardy, frequently absent or is absent for an extended period of time, the learning environment and district operations deteriorate, and students suffer.
Employees may be terminated for excessive absences or tardiness. Unless authorized by the Board or Superintendent, or otherwise authorized by law, an employee’s absence or tardiness is considered excessive if it:
The employee’s salary will be docked 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, even if the absence or tardiness is authorized by the Board or the Superintendent.
No employee will be disciplined or terminated for absence 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.
Leave with pay will be provided to full-time support staff employees in accordance with the following guidelines.
Any support staff employees whose assignments call for 12 months of full-time employment will be entitled to 12 days of leave. Support staff employees whose assignments call for full-time employment only during the regular school term will be entitled to 10 days of leave. Any absences beyond 12 days for a 12 month employee or 10 days for employees that are employed during the regular school term will be considered sick leave and the employee must present a doctor’s excuse upon returning to work. Leave days may be used for illnesses, to attend a funeral or other personal business, at the discretion of the employee. An employee may use leave days for three consecutive days without giving a reason for the absence, unless taken in conjunction with a holiday. An employee may only take leave in conjunction with a professional development day or a scheduled day(s) off (i.e., first day of school, last day of school, holiday) if he or she is able to prove the leave was needed for reasons related to an illness, verified with a note from the physician or with prior approval of the Superintendent. An employee may only use more than 3 consecutive days for the following reasons related to illness:
Any unused days will be accumulated and may be used in following years. However, accumulated days may only be used for reasons related to illness detailed above and verified with a note from the physician. An absence of over 1-4 hours shall be counted as a half-day of leave.
A district employee may not use leave days during the period the employee receives Worker 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. 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.
To be paid for any leave days accumulated, the employee must notify their direct supervisor in writing of their intention to retire prior to March 15. If the 15th falls on a weekend, the Friday prior to the 15th will be the last day.
Vacation: All full time support staff (defined as working 32 hours per week or more) employed on a 12 month basis will be entitled to 2 weeks of vacation for year 1-15. Three weeks of vacation will be awarded to employees who have 16-20 years of employment. Four weeks of vacation will be awarded to employees who have over 20 years of employment. An employee must be working in a full time position during the time vacation is taken. An employee must submit a written request for vacation to his or her supervisor and receive written authorization before taking vacation days. If the employee’s absence may disrupt district operations, the supervisor 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.
Holidays: Thanksgiving Day, Christmas Eve, Christmas Day, New Years Day, Presidents’ Day, Good Friday, Memorial Day, July 4th and Labor Day.
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 up to one hundred twenty (120) hours of military leave in each federal fiscal year. Additional military leave shall be without pay, except as required by federal and state law. Any person entitled to military leave shall only be charged military leave for any hours which the person would otherwise have been required to work had it not been for such military leave at a minimum of one hour and additional charges will be in multiples of one hour.
Each employee shall furnish a copy of the employee's military payroll voucher to the Superintendent/designee within thirty (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.
Domestic/Sexual Violence Victim Leave (See Policy and Regulation 4323).
Bereavement: An employee may use five consecutive days for bereavement when an immediate family member passes. The Board defines “immediate family” to include spouse, parents, children, grandparents, grandchildren and siblings of an employee or employee’s spouse and any other family member residing with the employee.
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 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 as an election judge.
Leave to Vote: Employees who do not have 3 successive hours free from work while the polls are open will be granted a leave period of 3 hours for the purpose of voting. Requests for such leave must be made prior to election day, and the employee’s supervisors will designate when during the workday 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.
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.
Pregnancy, Childbirth and Adoption Leave
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 duties is not impaired, based on medial opinion.
The employee may use accrued professional leave or vacation leave during periods of pregnancy-related disability and, if necessary, an unpaid leave of absence to begin at the time recommended by her physician. The employee shall return to duty when she is physically able, based on medical opinion, except that this paragraph creates no rights extending beyond the contracted period of employment.
Pregnant employees shall be treated the same as other employees who are similar in their ability or inability to work for all purposes under this policy.
An employee who is the primary caretaker of an adopted child will be provided the same leave opportunities afforded employees for pregnancy-related leave for the purpose of arranging for the child’s placement or caring for the child after placement.
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.
These rules are subject to pre-emption by the FMLA as necessary for FMLA-eligible employees.
Family/Medical Leave
Leave that qualified for Family and Medical Leave Act protection will be administered in accordance with federal law.
Eligibility
To be eligible for FMLA leave benefits, the employee must:
An absence may qualify for FMLA protection if it is for one (1) of the following reasons:
Leave Protections
Eligible employees who are absent for a FMLA-qualifying reason generally may return to the same position or equivalent position with equivalent pay, benefits, and working conditions at the conclusion of the leave, in accordance with law. Eligible employees are entitled to continued participation in the district’s health plan as long as they are entitled to FMLA leave protection. However, an employee who fails to return to work after the expiration of his or her allowed leave time will be expected to reimburse the district for those benefits paid, as required by law.
Leave Application
For all FMLA purposes, the district adopts a 12-month leave year beginning on July 1 and ending the following June 30. All eligible employees are entitled to leave for a period not to exceed 12 workweeks per leave year. When an employee has an absence (taken as paid or unpaid leave) AND the absence meets the criteria to be an FMLA-qualified absence, the district may designate such absence as part of the employee’s total annual FMLA entitlement. If any employee is on a Worker’s Compensation absence due to an injury or illness that would also qualify as a serious health condition under the FMLA, the same absence may also be designated as FMLA-qualifying and charged against the employee’s FMLA-protected time entitlement.
The district shall apply paid leave, including professional leave and vacation time, to an FMLA absence to the extent allowed by the law, giving proper notice to the employee. If an employee’s accrued paid leave is exhausted but a FMLA-qualifying reason for absence persists, or a new FMLA-qualifying reason for absence occurs, the resulting absences will continue to be protected FMLA leave until the aggregate of 12 workweeks of designated FMLA leave has been reached, but such absences will be unpaid.
FMLA leave may be taken intermittently as required for the health of the employee or family member or as reduced-schedule leave in hourly increments. If intermittent leave or leave on a reduced schedule equals more than 20 percent of instructional time, the district may require instructional employees who take such leave due to medical reasons to take block leave or to find an alternative placement for the period of planned medical treatment. When an instructional employee on FMLA leave is scheduled to return close to the end of a school term, the district may elect to use a special rule to prolong the employee’s leave until the beginning of the next school term, thus extending the leave beyond the period where an FMLA-qualifying reason exists. In such an instance, the prolonged leave time is unpaid and is not charged against the employee’s annual FMLA entitlement. In cases where the special rules for instructional employees apply, the Superintendent may apply those special rules or the general FMLA rules as best serves the interest of the district.
The district reserves the right to require certification of the serious health condition of the employee or employee’s family member. Employees on FMLA-designated leave must periodically report on their status and intent to return to work. The district may also require that an employee present a certification of fitness to return to work.
Notice
Information concerning the employee’s 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.