Series G - PERSONNEL » GCBD PROFESSIONAL STAFF LEAVES AND ABSENCES

GCBD PROFESSIONAL STAFF LEAVES AND ABSENCES

Adoption Date: 3/29/1978, Revised: 6/12/1990; 09/12/95; 10/3/17, 7/20/22 
G - PERSONNEL
 

PROFESSIONAL STAFF LEAVES AND ABSENCES

 

As a part of the fringe benefit package, the Board of Trustees offers full-time and permanent part-time certified employees of the district various types of leaves for illness, personal purposes, legal and civic obligations, and professional improvement.

 

All absences from work, except sick leave, must be approved by the employee’s direct supervisor prior to the occurrence of the absence, except in cases of emergencies. Unexcused absences or "leave without pay" for any salaried employee will result in a reduction of a day's pay from their salary for each day missed. The calculation for a day's pay is made as follows: Base Contract Amount divided by total days of contract.

Immediate family is defined as the employee's mother, father, stepmother, stepfather, sister, brother, stepsister, stepbrother, spouse, children, stepchildren, son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandchildren, grandparents, and grandparents-in-law.

 

If, in the judgment of the Administration, an unacceptable attendance pattern is developing, the employee involved will be formally notified in writing. The notice may include a requirement for medical verification at the expense of the employee before additional sick leave days are approved.  

 

It is the responsibility of the employee to initiate appropriate leave requests to cover their absences.  Those requests should be initiated either before the absence occurs or immediately after the employee returns to work.

 

General Leave Days

 

At the beginning of each school year, eleven days (88 hours, prorated) shall be credited to the employee's general leave account. General leave may be taken for the following reasons:

 

  1. a)  An illness or medical appointment or for the employee's immediate family member’s illness or medical appointment.
  2. b)  For academic enrichment and/or educational skills development.
  3. c)  Leave for personal reasons

 

Leave must be approved in advance except for illness or an emergency. Employees will be required to complete a leave request form and indicate the reason for the absence. Leave not approved in advance will be considered leave without pay until the employee can demonstrate that an emergency existed that prohibited advanced notice. The advanced notice is to allow adequate time for a substitute to be secured. If a substitute cannot be found, leave for academic development or personal reasons can be denied.

 

General leave taken for personal reasons cannot exceed three consecutive (3) days. Personal leave longer than three consecutive days will be calculated as leave-without-pay (LWOP). Leave due to illness or a serious medical condition longer than three (3) consecutive days requires a doctor’s certificate or verification. General leave days not used during the school year will accumulate in a sick leave bank. Certified employees can accumulate a bank not to exceed 180 days (1440 hours). Leave may be taken from an employee’s sick leave bank only after general leave has been exhausted.

 

Sick Leave

 

Sick leave can only be taken for an illness or medical appointment or for the employee’s immediate family member's illness or medical appointment.

 

In case of apparent abuse of the sick leave provision, the Superintendent or his designee may require a doctor's certificate of illness, costs of such certificate to be borne by the employee.

 

If an employee takes leave without accrued days/hours available, it is considered leave without pay unless said absence is covered through the Catastrophic Leave Policy.

 

Payoff of unused sick days is $40 per day if severing employment. Upon termination, unused sick leave shall be reimbursed at $40 per each eight (8) hour day for severance, and $40 per each eight (8) hour day for retirement.  Retirement reimbursement shall not exceed $7,200, for an employee upon full retirement from the district, or a maximum of one hundred eighty (180) days (1440 hours). Severance: reimbursement shall not exceed $7,200, for an employee upon severing/terminating employment with the district, or a maximum of one hundred eighty (180) days (1440 hours).

 

Bereavement

 

Each certified employee may be granted up to three days of bereavement leave for each request, non-accumulative, in the event of death within the immediate family. At the discretion of the Superintendent or his designee, two additional days of bereavement leave may be granted or extended for reasons of extenuating circumstances.  Such extensions may or may not be granted with pay, depending upon the circumstances. All extensions of bereavement leave must be approved by the Superintendent or his designee prior to being taken. If an employee is required to be away from their assigned duties beyond the five days set forth above, they may gain permission to utilize a maximum of five additional days by making a formal request to the Superintendent or his designee.  The additional days require prior approval and will be deducted from the employee's general or sick leave.

 

Completion of a leave request for bereavement requires an employee to include the relationship that the employee has to the individual who has died. If the relationship does not qualify as a member of the employee's immediate family, bereavement is not appropriate, and the employee must take general leave or leave without pay.

 

An individual who is serving in the capacity of a minister and is conducting a funeral may also qualify for bereavement with prior approval from the Superintendent or his designee.

 

Official District Requested Leave

 

Days that an employee is requested to be out of their assigned position to conduct District business will be classified under this title. The district may pay expenses. Permission from the employee’s direct supervisor must be given in advance of leave and reimbursement.  Uinta County School District Number One assumes no responsibility for expenses or salary that occurs when an employee has not received appropriate authorization for absence.

 

Family Leave: Family and Medical Leave Act of 1993 (FMLA)

 

The FMLA meets the needs of employees to provide care for family members and themselves in the face of serious health problems.  An employee who has been employed at least twelve (12) months and works at least twenty-two (22) hours per week, will be entitled to up to a combined total of twelve (12) weeks of unpaid leave per fiscal year for:

 

  1.    The birth and first year care of a child.
  2.    The adoption or foster placement of a child.
  3.    The illness of an employee’s spouse, parent, or child.
  4.    The employee’s own illness.

 

If the employee has paid leave, including general leave, sick leave, or annual leave s/he must use the paid leave before any of the unpaid leave.  This paid leave will count as part of the twelve (12) week total per year of family leave. During the period of family leave, the employee is entitled to the continuation of all benefits as outlined in the employee handbook, based on the hours worked.  The district and the employee continue to pay the same ratio of benefits.

 

For the purposes of this policy, “an employee’s child” and “son or daughter” are defined not only to include a biological or adopted child, but also a foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. An employee standing in loco parentis is so defined if the employee provides day-to-day care or financial support for the child where the employee assumes the responsibilities of a parent regarding the child. “Child” or “son or daughter” is defined as one who is (1) under 18 years of age; or (2) 18 years of age or older and incapable of self-care because of a mental or physical disability. The district may require an employee to provide a statement defining the relationship between the employee and the “child” or “son or daughter”.

 

Eligible employees with a spouse, son, daughter, or parent on active duty or called to active-duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement (or part of the entitlement) to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

 

Eligible employees are entitled to take up to 26 weeks (130 days) of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line-of-duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is on outpatient status; or is on the temporary disability retired list.

 

Leave for EEA/WEA Activities

 

At the beginning of each school year, the Evanston Education Association shall be credited with fifteen days of leave to be used by teachers who are officers or agents of the Association. Such days are not to be accrued from one school year to the next.  Any single individual may not exceed five days of leave per year.  All Evanston Education leave must be requested in advance through the established District process for requesting/approving leave.

At the beginning of each school year, the Wyoming Education Association shall be credited with fifteen days of leave to be used by employees who are elected officers of Wyoming Education Association.  The leave granted under this section shall be the total leave available for all elected officers of the Wyoming Education Association and not leave for each elected officer.  Such days are not to be accrued from one school year to the next.  Approval and scheduling of WEA leave must be accomplished well in advance and is dependent upon agreement of the Wyoming Education Association to pay for substitute costs associated with such leave.  The leave provided for in this section shall not be used as additional leave for Evanston Education Association Leave under this policy.

 

Jury Duty/Subpoena Leave

 

Jury Duty leaves of absence, with pay, are allowed for Jury Duty. Any compensation received by the employee for jury duty performed on contract days, will be endorsed, and signed over to the District through the Business Office. An employee who is dismissed prior to 12:00 p.m. must report back to his/her assignment.

 

Subpoena leaves of absence, with pay, shall be granted for an employee who is subpoenaed to testify in an official proceeding except as provided below:

 

If the proceeding involves the employee as a person being grieved against or being the griever for a non-district issue, leave shall be considered as being either personal leave (general leave) or leave without pay (divorce, criminal, IRS, etc.)

Any compensation received by the employee for subpoena purposes will be endorsed and signed over to the District through the Business Office.

 

Extended (Long-Term Leave)

 

An extended leave is an absence without pay that is approved by the School Board. Leave is granted for a specific period (not to exceed one school year) and is without District paid benefits, although the employee may choose to continue appropriate benefits at their own cost.  When the leave ends, the Superintendent will provide a position for the employee if they desire to return and have reached continuing contract status.

 

All benefits to which the employee was entitled at the time the leave began, such as salary schedule status, seniority, and unused leave entitlements, shall be restored if the employee returns to work. 

 

Catastrophic Leave/Catastrophic Leave Bank

 

The Catastrophic Leave Program is a voluntary program which allows employees to donate a portion of their general leave to assist eligible employees when an employee or an employee’s immediate household member experiences an unusual or catastrophic illness or injury requiring absence from work for a prolonged period.

 

Eligibility:

Any regular full-time or part-time staff member who works twenty (20) hours or more per week is eligible to participate in the program after completing a probationary period of 1 calendar year from date of hire. To receive leave under this policy the employee must have donated at least one leave day in the school year s/he is requesting catastrophic leave.

 

Catastrophic Illness and/or Injury:

A catastrophic illness or injury occurs when an employee is out of work due to his/her own illness or injury, or to care for an ill or injured immediate household member as defined below. Examples of a catastrophic illness or injury include, but are not limited to:

  • Serious, debilitating illness, impairment, or physical/mental condition that involves any period of incapacity or treatment in connection with overnight stay in hospital, hospice, or residential medical facility.
  • Continuing treatment for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity.
  • Major, non-elective surgery (surgery that cannot be postponed and the date of

surgery is not determined by the employee).

  • While elective surgery does not qualify as a catastrophic illness or injury, when

complications arise resulting in a serious health condition, the situation may qualify as a catastrophic illness or injury.

  • Leave associated with pregnancy is covered by the Family Medical Leave Act

(FMLA). Complications that arise from pregnancy resulting in a serious health condition for the mother and/or child may qualify as a catastrophic illness or injury.

  • Any absence to receive multiple treatments (including any recovery period) by, or

referral by a licensed health care provider for a condition that likely would result in incapacity (e.g., chemotherapy, physical therapy, dialysis, etc.).

  • Terminal illness.

 

Conditions:

  • The employee must have completed the Catastrophic Leave Donor Form by October 1st of the current contract year to be able to request and be granted catastrophic leave days.
  • The Superintendent or his designee will maintain a list of those staff members who have completed the form, with the number of days donated.
  • No more than two days may be contributed in any one-contract year per staff

member.  Additional days may be donated if all previously donated days and all days within the catastrophic leave bank have been exhausted, and additional days are needed.

  • The first eight (8) donated hours will be deducted from the employee's first October paycheck. The remaining donated hours will be deducted, if necessary, after that. Those hours that are not used over the school year will be returned to the participating employees in proportion to what was donated on their June 30 paycheck, except those employees who received catastrophic hours from the bank during the current school year.
  • Immediate household is defined as an employee’s spouse and children (includes

step, adopted, and foster children).

  • The total number of days granted to any single employee for catastrophic leave will not exceed ninety-one (91) working days in a given contract year.
  • Absences that are the result of a work-related injury will not be considered as being catastrophic.
  • Coverage of employees will be the top priority of catastrophic leave.  No catastrophic leave will be issued for care of family if the certified leave pool is under eighty (80) hours.
  • Catastrophic leave will not be issued for non-emergency situations such as doctor appointments and single day illnesses.

 

Application and Approval:

 

The employee may apply for catastrophic leave only after all other forms of leave have been exhausted.

 

The application is to be made in writing, and by personal contact, directly to the Superintendent or his designee. A doctor's certificate of illness is required, cost of such certificate to be borne by the employee.

 

The Superintendent or his designee will grant approval on an individual basis. The employee will be notified of approval or rejection of catastrophic leave requested within five working days after the application has been received in the Human Resources Office.

 

Civic Leave

 

Use general leave, if available, otherwise take leave without pay. Examples of civic leave: city/county/state committees or boards, councilperson, commissioner, and community committees or boards.

 

Legislative Leave

 

During the Legislative Session and for one (1) day per month, the employee will keep their District salary, legislative salary and per diem, but reimburse the district the total substitute cost at the current District approved rate.  The one (1) day shall be used for legislative responsibilities only and are non-accumulative.

 

Military Leave

 

Request for leave for annual reserve duty, or initial training of reservists, must be requested on an individual basis in the Human Resources Office. While the District is only required to release an individual for up to fifteen (15) days per year, the district will consider requests beyond that time. When possible, active-duty assignments will be taken during the summer months.  A copy of the orders to active duty will accompany the request.  The district will release an employee for fifteen (15) days with pay under the provisions of Military Leave.  Requests for military leave more than fifteen (15) days during any one fiscal year must have prior approval by the Board of Trustees and are without pay.

 

Other

 

Various circumstances occur from time to time requiring an employee to take leave. If circumstances do not fit into any of the above categories, a letter or formal request must be addressed to the Superintendent. All such cases must be reviewed and approved or disapproved by the Superintendent.

 

Policy Adopted:        date of manual adoption

Policy Revised:         6/12/1990; 09/12/95; 10/3/17, 07/20/2022

LEGAL REFS:          W.S. 21-7-103