DEFINITIONS FAMILY For the purposes of state sick leave accrued before May 30, 1995, and local sick leave, the term "immediate family" shall include:

Transcription

1 Plano ISD COMPENSATION AND BENEFITS: S AND ABSENCES DEC (LOCAL) DEFINITIONS FAMILY For the purposes of state sick leave accrued before May 30, 1995, and local sick leave, the term "immediate family" shall include: 1. Spouse. 2. Son or daughter, including a biological, adopted, or foster child, a son- or daughter-in-law, a stepchild, a legal ward, or a child for whom the employee stands in loco parentis. 3. Parent, stepparent, parent-in-law, or other individual who stands in loco parentis to the employee. 4. Sibling, stepsibling, sibling-in-law. 5. Grandparent and grandchild. 6. Any person who may be residing in the employee's household at the time of illness or death. FAMILY EMERGENCY WORKDAY STATE PERSONAL - RATE OF ACCRUAL For purposes of the Family and Medical Leave Act, the definition of "family" shall include only items 1, 2, and 3 on the above list, but shall exclude son- or daughter-in-law, and parent-in-law. The term "family emergency" shall be limited to natural disasters and life-threatening situations involving the employee or a member of the employee's immediate family. An "equivalent workday" for purposes of accumulation, use, or recording shall mean the number of hours per day associated with the employee's usual work assignment, whether full-time or parttime. Each employee shall earn state personal leave, in equivalent workdays, at the rate of one-half workday per month of employment, up to the statutory maximum of five workdays annually.

2 TYPES OF STATE PERSONAL DISCRETIONARY NON- DISCRETIONARY The Board requires employees to differentiate between uses of personal leave: 1. To be taken at the individual employee's discretion, subject to limitations set out below. 2. To be used for the same reasons and in the same manner as state sick leave accumulated prior to May 30, [See DEC(LEGAL)] USE OF DISCRETIONARY DURATION OF DISCRETIONARY SCHEDULE LIMITATIONS LOCAL A written request for use of discretionary personal leave shall be submitted to the immediate supervisor or designee in advance and in accordance with administrative regulations. The reasons for which personal leave may be used shall not be limited by the District. In deciding to approve personal leave, however, the supervisor or designee shall consider the effect of the employee's absence on the educational program, as well as the availability of any necessary substitutes. [See DEC(LEGAL)] Discretionary personal leave may not be taken for more than five days per contract year. Discretionary leave shall not be allowed on the first day of school, the day before a school holiday, the day after a school holiday, days scheduled for end-of-semester or end-of-year exams, days scheduled for state-mandated assessments or other Districtapproved tests, or professional development days. The campus principal may approve use of personal leave on these days in extenuating circumstances. Local leave granted by the District may be used for personal or family illness, death in the family, family emergency, or adoption (for up to six workweeks beginning no later than one month after placement of the child in the home). Local leave shall be used under the terms and conditions applicable to state sick leave accumulated prior to the school year, except as otherwise provided by this policy. In addition to the state personal leave program, all full-time employees shall earn local leave at a rate of one-half workday per month of employment according to the following: 1. Personnel in positions normally requiring ten months of service shall earn an additional five days per year. 2. Personnel in positions normally requiring 11 months of

3 service shall earn an additional six days per year. 3. Personnel in positions normally requiring 12 months of service shall earn an additional seven days per year. ADDITIONAL ADOPTION Local leave may accumulate to a maximum of 50 equivalent workdays and shall be taken without loss of pay. "Adoption" is defined as a proceeding completed under Chapter 162 of the Texas Family Code, or a proceeding completed under a comparable statue of another state within the United States or of a foreign country. Before an employee is granted adoption leave, he or she shall provide all documentation reasonably requested by the District. Failure to provide such documentation is grounds for denial of the adoption leave request. For purposes of adoption, all full-time employees may use: 1. State personal leave in accordance with policy guidelines, and 2. Accrued local leave. TEMPORARY DISABILITY ELIGIBILITY Paid adoption leave may not exceed six workweeks beginning no later than one month after placement of the child in the home. The Board has chosen to extend the benefits of Education Code to all employees. Following the exhaustion of any paid leave, the maximum length of temporary disability leave shall be 180 calendar days in a 12-month period. Leave pool days used during temporary disability will not extend the maximum length of the leave. At the expiration of available paid leave, the District shall offer the employee COBRA benefits as required by law. In order to be eligible for local leave, an employee must: 1. Work a full day (at least five hours per day or 25 hours per week). 2. Be a member of the Teacher Retirement System or be exempt by law. ABSENCE FROM DUTY FOR UNUSUAL Student helpers, substitutes, temporary employees, and other parttime employees shall not be eligible for local leave. All employees must report absences from duty according to District procedures. With the joint recommendation of the immediate supervisor and the executive director for human resources, the Superintendent

4 CIRCUMSTANCE USE AND RECORDING may grant temporary unpaid leave to a staff member for unusual circumstances. For purposes of personal illness, illness in the immediate family, family emergency, or death in the immediate family, available leave shall be used in the following order: 1. Local sick leave. 2. State sick leave accumulated prior to the school year. 3. State personal leave. 4. Current state personal leave. Employees shall be charged leave as used even if a substitute is not employed. AVAILABILITY OTHER ABSENCES EXPIRATION OF AVAILABLE AND ATTENDANCE POLICY Leave shall be recorded in whole workdays and half workdays only, except in accordance with provisions for intermittent leave in the Family and Medical Leave Act or when coordinated with workers' compensation benefits as provided in this policy. Absences in excess of accumulated leave shall be nonreimbursable. Leave for the current year shall be available for use at the beginning of the school year. When an employee who has used more leave than he or she had accumulated ceases to be employed by the District, the cost of the unearned leave days shall be deducted from the employee's final paycheck. Any other leaves granted or days of absence shall result in a deduction of the daily rate of pay for each day of absence, unless otherwise provided. [See DMD(LOCAL)] After an employee has exhausted all paid and unpaid approved leave for which he or she is eligible, with the exception of leave pool days, the District shall provide the employee written notice at the last known home address that his or her leave has expired, and that the employee has five workdays within which to apply for any other leave for which the employee may be eligible or to notify the District in writing that the employee is ready, willing, and able to return to work, accompanied by a medical clearance showing that the employee is physically able to perform the essential functions of his or her position, given reasonable accommodation(s) if necessary. Individuals receiving workers' compensation benefits who elect not to receive any additional paid leave shall be

5 provided the notice referenced in this section at the expiration of any workers' compensation income benefits. A term contract employee who does not apply for and receive approval for additional leave and who does not report and document his or her availability and fitness to return to work within the time set forth above, shall resign or be deemed to be in repeated and continued neglect of duties and subject to termination. MEDICAL CERTIFICATION HEALTH CARE PROVIDER BEREAVEMENT (FUNERAL) FAMILY AND MEDICAL CONCURRENT USE OF COMBINED FOR SPOUSES All employees who do not have a term contract, who do not apply for and receive approval for additional leave, and who do not report and document their availability and fitness to return to work within the time set forth above, shall be deemed to have resigned their positions with the District effective upon the expiration of the five workday period set forth above. At the expiration of available paid leave and/or unpaid leave, the District shall offer COBRA benefits as required by law. An employee absent more than five consecutive workdays because of personal illness or illness in the immediate family may be required to submit medical certification of illness and/or his or her fitness to return to work, or medical certification of the family member's illness. Medical certification shall be made by a health care provider as defined by the Family and Medical Leave Act. [See DEC(LEGAL)] Use of state leave and/or local leave for death in the immediate family shall not exceed five workdays per occurrence, subject to the approval of the District. The 12-month period within which employees shall be eligible for 12 weeks of family and medical leave shall be defined as a rolling 12-month period measured backward from the date an employee uses family and medical leave. The District shall require employees to use family and medical leave concurrently with paid leave and temporary disability leave if applicable. After an employee has exhausted all earned leave benefits, family and medical leave shall be an unpaid leave. If both spouses are employed by the District, family and medical leave for the birth, adoption, or placement of a child, or for the care of a parent with a serious health condition may be limited to a combined total of 12 weeks.

6 INTERMITTENT FOR CHILD CARE FAILURE TO RETURN CERTIFICATION OF ILLNESS MEDICAL RELEASE TEACHER REINSTATEMENT COURT APPEARANCES WORKERS' COMPENSATION PAID OFFSET POOL Use of intermittent family and medical leave shall not be permitted for the care of a newborn child or upon the adoption or placement of a child with the employee. If, at the expiration of the family and medical leave, the employee is able to return to work but chooses not to do so, the District shall require reimbursement of the employee benefits contribution made by the District during the period in which such leave was taken as unpaid leave. Upon request for family and medical leave for the employee's serious health condition or that of a spouse, parent, or child, the employee shall provide medical certification of the illness or disability and thereafter as may be requested by the District. The employee's request for reinstatement shall be accompanied by medical certification of the employee's ability to perform essential job functions. A teacher desiring to return to work at or near the conclusion of a semester shall be reinstated in accordance with the END-OF- TERM section in DEC(LEGAL). Absences for court appearances related to an employee's personal business shall be deducted from the employee's personal leave or shall be taken by the employee as leave without pay, at the option of the employee. An employee receiving workers' compensation wage benefits shall be assigned to family and medical leave, if applicable. The employee shall inform the appropriate administrator whether he or she chooses to use available paid leave while receiving workers' compensation wage benefits. [See CRE(LEGAL)] An employee who chooses to use paid leave shall have his or her weekly workers' compensation wage benefit supplemented up to the pre-injury regular weekly wage. The District shall charge the employee's accrued leave proportionately until the available leave is exhausted. [See CRE(LEGAL)] Full-time employees may join the leave pool by donating one local leave day per fiscal year. After the initial enrollment, a local leave day shall be deducted from the participant's local leave balance at the beginning of each fiscal year unless the participant completes a written request to terminate participation in the pool prior to the beginning of the fiscal year. Leave pool participants may request up to 25 days annually to a maximum of 75 days lifetime, subject to administrative guidelines and available leave pool balance. Leave pool days may be granted for personal or family illness, family emergency, or adoption

7 beyond the employee's total accumulated state, local, or vacation leave. Subsequent intermittent leave due to the same illness or emergency shall be considered based on medical certification. A request to withdraw leave pool days shall be submitted in writing, when practicable, to the benefits and risk management department. Written proof of adoption, certification of the medical necessity of the leave, as is also required for temporary disability, family medical leave, or proof of other family emergency shall accompany the request. The executive director of human resources or designee shall evaluate the request to withdraw leave based upon: 1. The information submitted by the employee as identified above; 2. The available leave pool balance; and 3. The best interests of the District. RELIGIOUS OBSERVANCES DEFINITION EMPLOYER PRACTICES REQUEST FOR FOR RELIGIOUS PURPOSES For purposes of this policy, "religion" means all aspects of religious observance, practice, and belief. [See DEC(LEGAL)] Supervisory employees may not favor one religion over another and must treat all requests for religious accommodation in the same manner, regardless of the religion of the individual requesting the accommodation or the religious observance, practice, and/or belief at issue. An employee who wishes to request a religious accommodation shall make such request to the principal or immediate supervisor. If the principal or supervisor believes that to accommodate the request would pose an undue hardship, the principal or supervisor shall contact the Human Resources Department for review of the request. If the request is denied, the employee may appeal the decision in accordance with DGBA(LOCAL). DATE ISSUED: 05/16/2005

8 LDU DEC(LOCAL)-X This online presentation of your district's policy is an electronic representation of TASB's record of the district's currently adopted policy manual. It does not reflect updating activities in progress. The official, authoritative manual is available for inspection in the office of the Superintendent. [See BF (LOCAL) for further information.]