LAUREL SCHOOL DISTRICT LEAVE DAYS AND ABSENCES FOR TEACHERS AND OTHER PROFESSIONAL PERSONNEL

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1 LAUREL SCHOOL DISTRICT LEAVE DAYS AND ABSENCES FOR TEACHERS AND OTHER PROFESSIONAL PERSONNEL Revision dates for policy GBRI: 10/23/79, 07/12/82, 07/26/83, 07/31/85, 08/12/86, 06/24/87, 07/26/88, 09/14/93, 09/26/00, 06/26/01, 09/11/01, 11/12/02, 05/12/03, 01/13/04, 08/08/06, 09/09/08, 07/28/09, 08/10/10,7/16//13, 03/17/16 The Laurel School District, being concerned about the health and well being of its employees, will grant sick leave, personal leave and/or vacation leave as outlined in MS Code All employees, without detriment to their own health or health of immediate family members, are expected to plan and/or schedule absences, which will cause a minimum of time away from duty. I. DEFINITIONS A. The term Licensed Employee means any employee required to hold a valid license issued by the Commission on Teacher and Administrator Education, Certification and Licensure and Development. B. The phrase other professional personnel, employees or staff shall mean any districtlevel or Central office supervisor, director, foreman, department head, coordinator or administrator, central office clerks, central office secretaries, and district-level technology staff even if not required to hold a license or certificate issued by the Mississippi Department of Education. C. The phrase year of service shall mean nine (9) or more months of actual experience during a calendar or school year in a public or private school district of this or some other state and any prior service credit granted a teacher or other personnel by the Public Employees Retirement System. D. Sick leave is defined as days or part of days during which an employee is absent from duty caused by personal illness or physical disability or because of the illness or physical disability or death of a member of the immediate family of the employee. Personal illness or physical disability shall include those incurred as a result of onthe-job injuries. E. A day of leave shall mean the employee s normally scheduled workday. For example, a day of leave for a teacher hired for four (4) periods per day shall be the length of the four (4) period day. 1

2 II. PROVISIONS A. Teachers and other professional personnel shall be granted two (2) days of personal leave each year and used according to state law and district policy. Teachers and other professional personnel employed twelve months shall be granted an additional ten (10) days/vacation days (hereafter referred to as vacation days), which may be used in accordance with district policy upon the approval of the Principal, supervisor or department head and the Superintendent. These vacation days are deemed by statute (9) to be synonymous with personal leave but are not subject to the restrictions on the usage of personal days as outlined in Section (3). B. A minimum sick leave grant shall be awarded as indicated below and advanced on the dates that teachers and other professional personnel begin to work each year. Length of Employment Annual Grant 9.0 Months (189 days) Months (209 days) Months (223 days) Months (> 233 days) 10 C. Accumulation of sick leave shall be unlimited up to the maximum accumulation allowed by statute. Unused personal leave or vacation leave existing at the end of the fiscal year in excess of five (5) days shall be carried into the next fiscal year as sick days. Up to a total of five (5) personal or vacation days unused at the end of each year shall be rolled forward to the next fiscal year as a beginning balance in the personal days category. Unused sick days credited to each employee at year-end shall roll forward to the next year s beginning balance. The annual conversion of unused personal and vacation days to sick days shall not exceed the allowable number of personal leave days as provided in MS Code Section The annual total number of converted unused personal and vacation days added to the annual unused sick days for any employee shall not exceed the combined allowable number of days per year provided for state employees in Section s and of the MS Code. D. Any and all accumulated leave shall expire upon the termination of employment with the Laurel School District and shall not be restored should subject employee or other professional personnel become re-employed by the district. 2

3 E. Accumulated leave unused by employees at their termination from the school district shall be promptly certified to the Public Employees Retirement System to be credited as days worked to the employees PERS accounts in accordance with Section (h) of the MS Code. F. Teachers and other professional personnel employed for less than nine (9) months shall be granted a pro-rata share of the annual sick leave grant, based on the length of employment on the length of employment on the date the teacher/other professional employee assumes employment responsibilities. Teachers and other professional staff hired for eight (8) months or less shall be granted one (1) day of personal leave. The grant of pro-rata share of sick leave shall be based on the following table. Certified Personnel Schedule of Sick Leave Proration Date Hired 189 days 209 days 223 days >233 days July 1 to July 31 N/A Aug 1 to Aug Sept 1 to Sept Oct 1 to Oct Nov 1 to Nov Dec 1 to Dec Jan 1 to Jan Feb 1 to Feb March 1 to Mar April 1 to April May 1 to May June 1 to June 30 N/A G. Absences in excess of two (2) hours shall be considered one-half day of leave. Absences in excess of one-half day shall be considered a full day. H. Upon retirement, licensed employees and those exempt from wage and hour provisions of the Fair Labor Standards Act (FSLA) shall be paid for not more than thirty (30) days of unused accumulated leave earned while employed with the Laurel School District at a rate equal to the amount paid to substitute teachers. Employees not exempt from the FLSA provisions shall be paid for not more than thirty (30) days at the federal minimum wage upon retirement. I. The Laurel School District follows Section (10) of the Mississippi Code regarding the donation of leave associated with catastrophic illnesses. 3

4 III. INCENTIVE A. After each month of perfect attendance, teachers and other professional personnel shall accumulate one (1) day of sick leave, which is in addition to the minimum number of days advanced each year. B. For the purpose of this policy, a month shall be defined as the period of time, which constitutes a normal pay period as determined by the financial office. C. To certify perfect attendance, at the end of each payroll time period the principal or direct supervisor shall submit to the Payroll Office a listing of absences or a record of time worked by any teacher or other professional employee not exempt from FSLA provisions. The Payroll Office will monitor time-off requests to track perfect attendance of salaried employees exempt from FSLA provisions who do not submit time records. D. Personal leave days, vacation days, school business days, days served as a witness or juror in a court of law under subpoena, and/or absences required to fulfill military commitments shall not count against an employee s perfect attendance when proper approval is granted and proper documentation is provided. IV. STATUTORY LIMITATIONS ON ACCUMULATION OF LEAVE Experience/Length of Service Maximum Annual Accumulation 1 month through 3 years service 30 days per year 37 months through 8 years service 31.5 days per year 97 months through 15 years service 33 days per year Over 15 years service 34.5 days per year 1. Teachers and other professional employees may use up to five (5) available days of accumulated sick leave per year for absences caused by illnesses or injuries to immediate family member. When employees are found to be eligible for coverage under the provisions of the Family and Medical Leave Act (FMLA), the rules regarding FMLA leave will apply. 2. After the five (5) days allowed above for family illness have been used, teachers and other professional employees, due to catastrophic illness or an immediate family member, shall be allowed to use five (5) additional days of their accumulated sick leave without loss of pay upon written request to the Superintendent supported by a written statement from the physician or other 4

5 medical practitioner treating the family member. Employees who qualify for FMLA leave shall be subject to all FMLA provisions, requirements, allowances and limitations. 3. In the event a teacher or other professional personnel must exhaust all accumulated sick leave as authorized above, a leave of absence without pay shall be granted the employee due to a catastrophic illness or injury of an immediate family member upon written request to the Superintendent and supported by a written statement from the physician or other appropriate medical practitioner who is treating the family member. The leave of absence shall not exceed the number of days remaining in the teacher or other professional employee s contract or work year except when provisions of the FMLA require additional leave. 4. Teachers and other professional personnel absent beyond the current term of employment who have complied fully with the terms of this policy will be eligible for re-employment upon receipt of written notification by the Superintendent that the employee is available and eligible to work. 5. The district will have discharged its responsibility to the teacher after offering reemployment for the first vacancy for which the employee is qualified that occurs after becoming eligible for re-employment. V. TYPES OF ABSENCES The Principal/Supervisor shall use his/her discretion concerning absences of teachers and other professional personnel of two (2) hours or less for bonafide emergencies. A. Personal Illness 1. Teachers and other professional personnel shall be allowed to use all sick leave without loss of pay for absences caused by illness, physical disability, or pregnancy of the employee. Pursuant to MS Code Section (2)(d), for the first ten (10) days of absence because of illness or physical disability of a teacher in any school year, in excess of the accumulated sick leave credited to said teacher, there shall be deducted from the teacher s pay only the minimum established substitute teacher rate of pay. Thereafter, the regular pay of such absent teacher will be withheld in its entirety. After sick days credited to a teacher or other professional employee have been exhausted, a medical leave of absence, without pay, shall be granted due to an 5

6 extended illness or physical disability of the employee or an illness qualifying the employee for leave pursuant to the Family Medical Leave Act (FMLA). The written request to the Superintendent must be supported by a written statement from the employee s physician, dentist, or other medical practitioner for any leave period that does not exceed the number of days remaining in the employee s current contract or scheduled work year. 2. Teachers and other professional personnel absent beyond their current term of employment who have fully complied with the terms of this policy will be eligible for re-employment upon receipt by the Superintendent of a written statement from the attending physician, dentist, or other medical practitioner certifying the employee s fitness and ability to return to work. 3. The school district will have discharged its responsibility to the teacher after offering re-employment in the first vacant position for which the teacher is qualified after becoming eligible to return to work. B. Family Illness or Death 1. Teachers and other professional personnel shall be allowed to use up to five (5) available days of accumulated sick leave per school year, without loss of pay, for absences caused by illness or death in the employee s immediate family. Immediate family shall be limited to the employee s spouse, child, grandchild, mother, father, brother, sister, grandmother, grandfather, in-law, surrogate parent, or any other dependent living in the home of the employee. Teachers and other professional employees may use up to five (5) available days of accumulated sick leave per year for absences caused by illnesses or injuries to immediate family members. When employees are found to be eligible for coverage under the provisions of the Family and Medical Leave Act (FMLA), the rules regarding FMLA leave will apply. 2. After the five (5) days allowed above for family illness or death have been used, teachers and other professional employees, due to catastrophic illness of an immediate family member, shall be allowed to use an additional five (5) days of his or her accumulated sick leave without loss of pay upon written request to the Superintendent supported by a written statement from the physician, dentist, or other medical practitioner treating the family member. Employees who qualify for FMLA leave shall be subject to all FMLA provision, requirements, allowances and limitations. 6

7 3. In the event a teacher or other professional personnel must exhaust all accumulated sick leave as authorized above, a leave of absence, without pay shall be granted an employee due to the catastrophic illness or injury of an immediate family member upon written request to the Superintendent supported by a written statement from the physician or other appropriate medical practitioner who is treating the family member. The leave of absence shall not exceed the number of days remaining in the teacher or other professional employee s contract or work year except when provisions of the FMLA require additional leave. 4. Teachers and other professional personnel absent beyond the current term of employment who have complied fully with the terms of this policy will be eligible for re-employment upon receipt of written notification by the Superintendent that the employee is available and eligible to work. 5. The district will have discharged its responsibility to the individual after offering reemployment for the first vacancy for which the individual is qualified that occurs after becoming eligible for re-employment. C. Personal Leave and Vacation Leave 1. Teachers and other professional personnel shall be granted two (2) personal leave days without loss of pay per year for absences caused by personal reasons. Personal leave shall not be taken on the first or last day of the school term, on a day prior to a holiday or a day after holiday, unless on such days an immediate family member of the employee is being deployed for military service, pursuant to MS Code Section (3). 2. Twelve month teachers and other professional personnel shall be granted ten (10) vacation days annually, which may be used at the discretion of and upon approval of the employee s principal or direct supervisor and the Superintendent and are not subject to the restrictions placed on the use of personal leave. Eligible teachers and other professional staff hired for eleven (11) months or less shall be granted a pro-rata share of vacation days. The grant of pro-rata share of vacation days shall be based on the following table. (ii) (iii) Personal leave may be taken on a day previous to a holiday or a day after a holiday if an employee of a school district has either a minimum of ten (10) years experience as an employee of that school district or a minimum of thirty (30) days of unused accumulated leave that has been earned while employed in that school district. Personal leave may be taken on the first day of the school term, the last day of the school term, on a day previous to a holiday or a day after a holiday if, on the applicable day, the employee has been summoned to appear for jury duty or as a witness in court. 7

8 Twelve Month Certified Personnel Schedule of Vacation Days Proration Date Hired >233 days July 1 to July Aug 1 to Aug 31 9 Sept 1 to Sept 30 8 Oct 1 to Oct 31 7 Nov 1 to Nov 30 6 Dec 1 to Dec 31 5 Jan 1 to Jan 31 4 Feb 1 to Feb 28 3 March 1 to Mar 31 2 April 1 to April 30 2 May 1 to May 31 1 June 1 to June A maximum of five (5) days categorized as either personal days or vacation days unused at the end of each year will be carried forward to the next year and be credited to the employee as personal leave. The total of personal and vacation days in excess of five (5) which are unused at the end of each year shall be converted to sick leave and rolled forward and credited to the next year s beginning sick leave balance. However, no employee shall carry forward to the next year a number of days that exceeds the number of days that a state employee with the same experience could carry forward pursuant o Sections and Personal leave may be used for professional purposes, including absences caused by attendance of such teachers and professional personnel at a seminar, class, training program, professional association or other function designed for educators. 5. Requests for personal leave shall be made in writing to the teacher s principal or the professional employee s direct supervisor at least two (2) days in advance of the day requested. If the principal or direct supervisor can grant the request without detriment to the school program or the operation of the department, he/she shall approve and forward the request to the Superintendent for final approval. D. School Business 1. Teachers and professional personnel who are absent on school business shall be allowed full pay when the school business day is requested in a timely manner and approved by the Superintendent. 8

9 E. Court Teachers and professional personnel shall be excused, upon written request, when serving as a witness or juror in a court of law under subpoena under the following conditions: 1. Without Loss of Pay a. The teacher or professional employee furnishes the District with a Certificate of Jury Duty or other documentation signed and dated by the clerk of the Court showing a beginning and dismissal time documenting that the employee served as a witness or juror for a minimum of five (5) hours. b. The teacher or other professional employee furnishes the District with the documentation required I Section E.1.a. of this policy proving that the employee served as a juror or witness for less than five (5) hours and the employee reported to work upon dismissal by the clerk of the Court. 2. With Loss of Pay F. Armed Forces a. The teacher or other professional personnel does not furnish the District with a Certificate of Jury Duty or other documentation showing that the employee served as a witness or juror on the day of absence b. The teacher or other professional personnel furnishes the District with a Certificate of Jury Duty showing a beginning and dismissal time documenting that the employee served as a witness for less than five (5) hours but the employee failed to return to work upon dismissal by the clerk of the Court. Members of any of the reserve components of the armed forces of the United States, upon request, shall be entitled to a leave of absence from their respective duties pursuant to the provisions of MS Code Section

10 G. Emergency Leave The Superintendent may approve written requests for up to four (4) days of leave, without pay, for bonafide emergency reasons other than those provided for in MS Code Section (2), upon his determination that the leave can be granted without detriment to a school of the district. VI. RESPONSIBILITES OF THE EMPLOYEE A. Whenever possible, teacher and other professional personnel are expected to plan and/or schedule absences whenever possible to cause a minimum of time away from duty. B. Leave with pay is not earned time off or vacation. It may not legitimately or ethically be used for any purpose other than that intended. C. All leave shall be requested and approved prior to or concurrent with the taking of such leave. There are no provisions in this policy for taking leave, which are not requested and approved. D. When it becomes apparent to the employee that it will be necessary to request leave as outlined above, the teacher or other professional employee shall, by direct personal contact, notify his principal/supervisor by the method the principal/supervisor has directed his employees to notify her/him stating the reasons for the absence and the expected length of absence. E. A certificate from a physician or dentist or other medical practitioner shall be required if a teacher or other professional personnel is absent for four (4) or more consecutive school days, or for two (2) consecutive days before or after a non-school day, such as Monday and Tuesday or Thursday and Friday or Friday and Monday. F. Employees returning to duty after being absent for medical reasons (such as surgery, pregnancy, etc.) or workers compensation-related injuries shall furnish his/her principal or direct supervisor a statement from the attending physician or other medical practitioner certifying the employee s release to work, his/her fitness and ability to return to work and any physical restrictions before being allowed to resume his/her duties. VII. PENALTIES FOR ABUSE A. Abuse of this leave policy endangers the continuance of its liberal provisions. 10

11 Principals shall immediately notify the Superintendent in writing of any and all abuses of this leave policy. Any abuse may lead to the employee s dismissal. B. The Superintendent shall cause each abuse to be recorded in the subject employee s work record and on the annual evaluation. C. Leave taken that was requested improperly or not requested and approved prior to or concurrent with the taking of such leave shall be unauthorized leave. One day s pay shall be deducted for each day of unauthorized leave. D. Any employee giving a materially false statement as to the cause or reason for his/her absence shall have one day s pay deducted for each day absent under false pretense and shall forfeit all accumulated leave time and be subject to dismissal. E. Any employee absent for optional or elective dental or medical treatment or surgery which could, without medical risk to the employee or immediate family member, have been performed at a time when school was not in session shall have one (1) day s pay deducted for each day absent. F. Any administrator or supervisor enlarging, increasing, or providing greater leave allowances than those allowed under this policy shall be subject to dismissal. VIII. FAMILY AND MEDICAL LEAVE ACT (FMLA) The Laurel School District adheres to all provisions of the FMLA. Employees on FMLA leave must use all paid sick days before being granted non-paid FMLA leave. The leave year during which eligible employees may use up to twelve weeks of leave (whether paid or non-paid) begins on the day that the individual employee s FMLA leave begins and runs for twelve months thereafter. 11