Policy
SUPPORT STAFF LEAVES AND ABSENCES
Code GDC Issued
Purpose: To establish the basic structure for all types of support staff leaves and absences.
This
policy -- and accompanying administrative rule -- may include sick leave (to
include Family and Medical Leave Act requirements), personal/emergency/ legal
leave, maternity/paternity/parental leave, military leave, conferences/training
workshops and sabbaticals. Vacations and
holidays are the subject of a separate policy.
The continuous presence of employees promotes excellence in the instructional program by ensuring the following:
· uninterrupted continuity of education;
· greater teacher-student contact time;
· appropriate role-model emulation;
· consistent support of classroom discipline; and
· reduced cost.
Therefore, the Board of Trustees expects employees to come to work every day. The Board of Trustees recognizes, however, that certain absences are unavoidable. At such times, employees should take leave in accordance with this policy and its accompanying administrative rule.
Absent employees must comply with procedures set out in the administrative rule that accompany this policy.
Sick leave
Accrual of sick leave
All full-time employees of the district accrue sick leave at the following rate.
· 12 workdays per year for 180-195 day employees
· 12.5 workdays per year for 200-day employees
· 13 workdays per year for 205-215 day employees
· 14 workdays per year for 225-day employees
· 15 workdays per year for 235-260 day employees
For
the purpose of this policy, “full-time” employee will be defined as any person
employed a minimum of 30 hours per week. Accrued sick leave not taken will be
cumulative to a maximum of 105 workdays. Sick leave is to be used by the
employee for his/her personal illness and a portion of the sick leave may be
used for illness of his/her immediate family members.*
The use of sick leave may be subject to
verification. After the employee has used five normally
scheduled consecutive workdays, the supervisor
may request the employee to provide a doctor’s statement.district reserves the right to require that an
employee submit a
doctor's statement
verifying an illness as requested by the building principal or employee's immediate
supervisor.
If an employee's use of sick leave forms a pattern and abuse is suspected, the principal/ supervisor may also require a doctor's statement.
*Immediate
family is defined as parents, stepparents, guardians, spouse, children,
stepchildren, siblings, grandparents, grandchildren and other dependents living
in the home.
An
employee who finds it necessary to request extended emergency medical leave of
more than 2010
consecutive workdays must make such request in writing to his/her immediate
supervisor and to the superintendent or his/her designee as soon as the illness
has been medically determined. The written request must include the statement
of a licensed physician indicating the anticipated date, time and duration of
illness and the approximate date the employee may be able to return to work.
Upon return to work, the employee must present a statement from a licensed
physician verifying that the employee is able to return to work. An employee
who returns from leave of absence will be assigned to the same or similar
duties, which he/she performed prior to going on leave, if this is considered
by the administration to be in the best interest of the district.. Classified employees will be assigned to duties in
keeping with their training and qualifications.
If the administration does not consider it to be in the best interest of
the district to assign the employee to the position he/she had prior to going
on leave or to a similar position, the district will offer the employee a
position for which he/she is qualified.
The district will place the employee on the payroll at his/her pre-leave
salary status.
Legitimate absence for illness
for which accumulated sick leave is not available will be charged to the
employee’s annual leave or a deduction from the employee’s pay. Deductions from
pay will be calculated at the employee’s current daily rate of compensation.
Termination
The district may terminate the employment of any employee who fails to comply with the requirements of this policy and accompanying administrative rule, who fails to report to work at the expiration of authorized leave or who fails to obtain an extension of leave.
An employee is subject to termination from employment with the district for misstatements of fact and/or misrepresentations of purpose for which leave of absence is desired or on the basis of which sick leave is obtained.
The district will not terminate from employment those employees under this policy who have accrued sick leave and who are using it in compliance with this policy. The district must not terminate from employment any such employee during a continuing sick leave of less than 91 workdays.
Transfer of sick leave
An employee of a state agency transferring to
a school district of this State or a school district employee transferring to a
state agency is permitted to transfer to and retain at his new employer all
sick leave he/she accumulated at his former employer
regardless of his employment status at the new employer. Sick leave not to exceed sixty days lost by a
school district employee as a result of changing employment from the school
district to a state agency or by a state employee as a result of changing
employment from a state agency to a school district is restored if the employee
was employed by the school district or the state agency after June 28, 1984,
and is employed on June 30, 1991.
Reimbursement for unused leave
All full-time employees who have accumulated excess days above the 90 workdays will, at the end of each school year, receive bonus pay at the rate of one-half the average substitute teacher pay rate for each unused sick leave day in excess of 90 days, i.e., a maximum of 15 days per fiscal year.
All
full-time employees, upon retirement
or separation from employment with the district, will receive pay
for all accumulated sick leave days not
to exceed up
to 105 workdays at the rate of one-half average substitute teacher
pay rate. Employees
who become
active retirees with a
South Carolina Retirement System entity and are hired by the district will not
be compensated for any accrued sick leave or annual leave. Annual and sick leave days may be earned and
accrued, but no compensation will be paid for unused days.
TERI
Employees
All employees entering the TERI
program are eligible to receive pay for any accumulated sick leave days not to exceed up to 105
workdays at the rate of one-half average substitute teacher pay rate. Up to 90
sick leave days may be used when an employee enters the TERI program for the
purpose of calculating service credit.
Any sick leave used for the purpose of TERI calculations will be
deducted from the employee’s balance.
Personal/Emergency/Legal/Bereavement leave
Personal leave
Employees may accumulate three earned sick days per
year for the purpose of personal leave. A maximum of five personal leave days
may be accumulated, used or carried forward from one year to the next. Personal
leave may be used for personal reasons provided prior approval of the
supervisor is obtained and the request does not fall on the day immediately
before or immediately following a holiday. If the request for personal leave,
with the immediate supervisor’s approval, includes the work day immediately
before a holiday or a work day immediately following a holiday then deductions
from the employee’s pay will be calculated and deducted at the employee’s
current daily rate of compensation.
Emergency leave
Any emergency absence must have approval of the
principal after an explanation has been given for the request for the absence.
If the principal feels that the request is for an absence of an emergency
nature, permission may be granted, provided that it is not in excess of three
days. Such emergency personal leave absences will cause a deduction in the
employee’s pay in an amount equal to one-half his/her daily rate of pay. For
absences described in this section that are not of an emergency nature, the
employee will receive no pay for any day missed for this reason, with or
without the principal’s permission. Non-emergency absences would include
pleasure trips, vacations, visits by unexpected guests, etc. Sick days are not
reduced for approved emergency leave.
Civil leave
Civil leave may be used when a
court official requiring the employee’s presence in a non-personal legal matter
subpoenas an employee. Any employee
serving on a jury must endorse his/her check (pay for jury duty, excluding
travel) to the school district, and no deduction will be made from his/her
salary or accrued sick leave for being absent from his/her position.. This
means that no employee will be penalized for having to serve on a jury, but
also that no employee may profit financially from such service.
Employees serving on jury duty
must report to their building supervisor if they are excused from duty before
one-half of the normal workday is complete.
Each employee is required to
complete an employee’s absence report form the day of his/her return to work.
When selected for jury duty, classified personnel at the building level or bus drivers may request a postponement to a date that does not conflict with the school term.
Bereavement leave
The Board of Trustees is very sensitive to the employee’s needs during the bereavement of family members.
Provisions for employee absences during bereavement have been established to allow three paid leave days for the bereavement of a spouse, child, stepchild, parent, or stepparent. In addition, two earned sick leave days may be used in conjunction with the three district-paid days. Earned sick leave of three days may be used for bereavement leave due to the death of grandparents, grandparents-in-law, parents-in-law, guardians, grandchildren, brothers, brothers-in-law, sisters and sisters-in-law, sons-in-law and daughters-in-law. One earned sick leave day may be used for bereavement leave due to the death of all other family members.
Military leave
Employees may take military leave without loss of pay, seniority or efficiency rating for one or more periods not exceeding a total of 15 workdays in one year. Saturdays, Sundays and state holidays may not be included in this 15 days unless the Saturday, Sunday or holiday is a regularly scheduled workday for the employee.
This leave may be taken when the employee is engaged in training or other duties ordered by the governor, the department of defense, the department of the army, the department of the air force, the department of the navy, the department of the treasury, or any other department or agency of the government of the United States having authority to issue lawful orders requiring military service. This leave applies to employees who are either enlisted or commissioned members of the South Carolina National Guard, the United States Army Reserve, the United States Air Force Reserve, the United States Naval Reserve, the United States Marine Corps Reserve or the United States Coast Guard Reserve.
In the event an employee is called upon to serve during an emergency, he/she will be entitled to such leave of absence for a period not exceeding 30 additional days.
The Board of Trustees expects employees to request their training for a period when school is not in session.
An employee seeking leave for annual active duty training must forward a written request, including the appropriate verifying data, to the superintendent no later than 30 days prior to the pre-arranged military activity.
Active duty
Employment
It will be
the policy of the district that employees or applicants for employment who are
members of the armed services are not treated adversely in employment matters
because of such membership. In compliance with the Uniformed Services
Employment and Reemployment Rights Act of 1994, the district will not discriminate against employees or
applicants for employment because of their membership or application for
membership in the armed services and will reemploy, in the same or equivalent
positions, employees who undergo a period of absence due to military service.
The
reemployment requirements of the Act are applicable to all applications for
reemployment initiated after
·
The employee gives advance written or verbal
notice of the service, unless such notice is impossible or unreasonable.
·
The cumulative length of the absence and all previous
absences with that employer due to military service do not exceed five years.
·
Upon completion of the period of service, the
employee notified the employer of his/her intent to return to work.
The
five-year maximum does not include training or service that is required beyond
five years to complete an initial period of obligated service.
Discharge protection
If an employee serves more than 180 days, the employer
cannot discharge the employee, except for cause, for one year from the date of
reemployment. If the employee serves from 31-180 days, the employer cannot
discharge the employee, except for cause, for 180 days of reemployment.
Health plans
Upon commencing military service, employees may elect
to continue the health plan they had with the employer for a maximum of either 18
24 months from the commencement of service or the day after the
date they fail to return to their position with the employer, whichever is
less. Employees who choose to continue coverage may be required to pay up to 102
percent of the full premium under the plan. However, employees who serve less
than 31 days cannot be required to pay more than the regular employee share, if
any.
Employees are entitled to have their health plan
reinstated upon reemployment without an exclusion or waiting period, except for
illnesses or injuries incurred or aggravated during service.
Pension benefit plans
For purposes of pension benefit plans, a reemployed
person must be treated as not having incurred a break in employment. An
employee cannot be deemed to have forfeited any benefits due to military
service, and during service, his/her benefits will be deemed to have accrued at
their regular rate. The employer must fund a reinstated employee’s benefit plan
and provide matching contributions as if there were no break in employment. If
the accrued benefits are contingent upon employee contributions, the employer
is liable for funding the plan only to the extent the employee actually makes
such contributions, either during service or upon reemployment.
Maternity/Paternity leave
A pregnant employee is eligible for extended illness leave not to exceed one academic year. While on leave, the employee may receive pay for accumulated sick leave as provided herein. In documented adoption cases, a parent may use earned sick leave by providing documentation from a physician or the production of a court order.
The rules and regulations of the state department of education governing increments for years of service and retirement credit will apply to persons on maternity and childcare leave in the same manner as for any other temporary disability.
Family and Medical Leave Act
Eligible employees may take up to 12 weeks of unpaid leave during any 12-month period (based on the “rolling 12 month period”) for the birth or adoption of a child; to care for an immediate family member (spouse, child or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition. To be eligible for Family Medical Leave, an employee must have been employed by the district for 12 months and worked at least 1250 hours during the 12-month period preceding the leave. Spouses who are both employed by the district are jointly entitled to a combined total of 12 workweeks of family leave. All eligible employees will be required to use accrued sick leave concurrently with Family and Medical Leave. Family and Medical Leave will begin with the onset of leave for a qualifying condition. All leave approved for Family and Medical Leave must meet the provisions of the Family and Medical Leave Act of 1993.
Employees may request in writing extended family or medical leave from the district of one academic year or a portion thereof without pay except that any accumulated sick leave days must be used. Extended leave of this type will be approved on a case-by-case basis. Employees on medical leave will return to service only after their attending physician has certified their ability to carry out required duties. This certification must be made as soon as possible prior to return to duty. When employees return to service, they will be assigned to duties in keeping with their training and qualifications.
The rules and regulations of the state department of education governing increments for years of service and retirement credit will apply to persons on maternity and childcare leave in the same manner as for any other temporary disability.
Extended leave of absence
In order that a systematic stance be operative in securing a
replacement for a support person anticipating a leave of absence, it is
requested that employees notify their immediate supervisor in writing as to
their anticipated period of absence at least three months prior to the expected
departure date. A copy of such request will be sent to the assistant
superintendent of human resources.
The employee and the immediate supervisor will work out expected
departure and return dates. It is
expected that the advice of the employee’s physician will be a major determinant
of such data.
In case of emergency, such as, but not limited to, heart attack,
stroke, bleeding ulcer or emergency appendectomy, the three-month notification
requirement would be waived. The employee’s immediate supervisor will make
arrangements for a leave of absence as necessary.
Cumulative sick leave days may be used if the employee so desires.
An employee who is absent for a leave of absence will receive pay for
school days actually worked or for days worked plus leave days applied. All
personnel benefits accrued will be retained during a leave of absence unless
the person involved will have accepted other employment or resigned from
assigned duties in the district.
Ordinarily, requests for a leave of absence that cut across or
encompass parts of two or more contract years will not be honored. The district
will consider requests for a leave of absence encompassing one complete school
year. Such request must be in writing to the principal or immediate supervisor
and to the assistant superintendent for human resources. The principal will make an initial written
recommendation to the assistant superintendent for human resources in response
to the employee’s request. The assistant superintendent for human resources
will then consider the request and make a recommendation to the superintendent.
Before leave begins, the employee will confer in person with the
assistant superintendent forof human resources as to the mechanics
of pay arrangements, insurance arrangements, etc. during the leave period.
Conferences/Training workshops
The district may grant temporary leave to an employee for the purpose of attending activities designed to improve employee competency or to improve the instructional or service programs of the district.
Sabbaticals
Extended professional leave is defined as a minimum of one semester or a maximum of one academic year and shall be granted to members of the support staff who desire to advance themselves academically in an accredited school or program approved by the district. Classified employees eligible to apply for extended professional leave must:
· have completed three years of employment with the district;
· present a written request to the assistant superintendent for human resources for extended professional leave;
· receive no compensation or fringe benefits accrued from the district except continuation of health coverage if the employee pays both the employee and employer portion of the premium; and
· agree to return to the district for at least one full year.
