The Superintendent is authorized to place individual employees on paid leave of absence whenever the Superintendent determines that such leave is necessary due to the employee’s misconduct or to investigate potential employee misconduct.  Paid leave of absences will not affect an employee’s sick leave or vacation leave.

Notification

Employee – The Superintendent will notify employees placed on a leave of absence, under this policy, of the general reasons for placement on leave.  This notification will occur within seven (7) days of placement on such leave and will be communicated in writing.  Statements of general reasons are confidential and are not open records under Chapter 610.

Board of Education - The Superintendent will notify the Board of Education within thirty (30) days of the reason(s) for placement of an employee on a paid leave of absence.  Provided the employee remains on leave, the Superintendent will update the Board of Education, at each subsequent regular Board meeting, of the status of the employee’s leave of absence.  The updates to the Board will continue during the pendency of each such leave of absence.

Hearing

A Board of Education hearing will be conducted within sixty (60) days of an employee’s placement on a leave of absence.  Following the hearing, the Board will determine whether the leave will be continued.  For good cause shown by the Superintendent, the hearing may be continued for a period of time not to exceed 180 days from the date the employee was placed on a leave of absence.  Leave of absence hearings will be conducted in closed meetings.

At such hearing, the employee will be permitted to be represented by an attorney and will be permitted to offer evidence.  A record will be made of the hearing.  If employee is removed from administrative leave within thirty (30) days of being placed on leave, then no hearing is required.

Exceptions

The provisions of Policy 4750 will not be applicable where:

1. The employee is a probationary teacher;
2. The Superintendent has referred the employee to a law enforcement agency or to another state or federal agency due to employee’s misconduct; or
3. A law enforcement agency or other state or federal agency has begun an investigation of the employee’s misconduct related to the general reasons for the employee’s placement on leave under this policy.