The purpose of this policy is to outline an integrated
approach for the efficient and effective management of sick leave in accordance
with federal and State leave mandates, employee interests, changing workplace
dynamics, and administrative supervision.
2.1. Leave requests will be considered and granted or denied
in accordance with applicable leave laws, including the Family and Medical
Leave Act (FMLA), Americans With Disabilities Act (ADA), State law and workers'
compensation statutes. The Washington
County School
District complies with District policies and all
applicable State and federal leave laws. Employees who are denied leave in
accordance with federal and State laws but who nevertheless take leave will be
disciplined according to District policy at the level of up to and including
termination.
2.2. Unless other arrangements are made with the principal, manager, or
designee, employees must report to work immediately upon expiration of granted
leave or at the time identified by a doctor's release. If leave is granted and
an employee on leave does not return from leave on the day indicated in his or
her original application or in an approved extension, the employee will be
disciplined according to District policy.
2.3. The Washington County School District complies with the FMLA. Employees who
have worked for at least one year and for 1250 hours in the preceding 12 months
are generally eligible to take up to 12 weeks of unpaid leave (paid leave is
counted in the limit, when applicable, according to this policy and procedure)
annually when the absence is necessitated by any of the following
circumstances:
2.3.1. Birth of a child,
2.3.2. Placement of a child with the employee for adoption or foster care,
2.3.3. A serious health condition of the employee, or
2.3.4. Care of a spouse, dependent child, or parent of the employee with a
serious medical condition.
2.4. Employees who wish to take leave for medical treatment as a reasonable
accommodation of a disability must request leave as soon as possible, so Washington County School District
and the employee can engage in an interactive process for determining eligibility
and identifying a reasonable accommodation.
2.4.1. If the Washington County School District has a
legitimate business need to verify that the employee has a disability covered
by the ADA, the employee must provide adequate medical information or may be
required to submit to an examination authorized by the ADA to verify the
existence of a covered disability, the nature and extent of needed
accommodation, or the assessment of direct threat or fitness for duty.
2.4.2. To qualify as a reasonable accommodation under the ADA, the medical leave must be likely to
result in the employee returning to work within a reasonable time with or
without an accommodation. Indefinite leave is not required by the ADA and will not be
granted. ADA leave will not be granted or
extended if it results in an undue hardship, direct threat, or other denials
brought about by business necessity to the Washington County
School District. If a
reasonable accommodation other than leave is available, the Washington County
School District may
choose that accommodation instead of leave. An employee returning from ADA leave will be
returned to his or her original position only if he or she is qualified to
perform the job's essential functions with or without reasonable
accommodation.
2.4.3. If the employee has been on ADA
disability leave, the employee will have to provide medical information
documenting their ability to perform the job with or without reasonable
accommodation. If the documentation does not meet this requirement or the District
has reasonable question regarding the information provided, the District may
order the employee to undergo a fitness-for-duty examination to demonstrate
that he or she is able to perform the job's essential functions with or without
reasonable accommodation.
The following procedures and guidelines are designed to administer and
implement the requirements of the above policy.
3.1. Paid Sick Leave:
3.1.1. District means Washington County
School District.
3.1.2. Board means Washington County School District Board of
Education.
3.1.3. Serious health condition has the meaning given that term in the
Family Medical Leave Act (FMLA).
3.1.4. Health care provider has the meaning given that term in the
FMLA.
3.1.5. Disability has the meaning given that term in the Americans with
Disabilities Act (ADA).
3.1.6. Eligible employee means any employee who, based on his/her status,term, and condition of
District employment, is eligible for participation service credit in the Utah
Retirement System. (5-8-07)
3.1.7. An eligible District employee earns one day of sick leave for each
month in work status. This rate of earned sick leave accrual will be
proportionately reduced for eligible part-time employees or less than 12 months
of employment (see Table 3.1.7.). An employee will not be eligible for leave
accrual during periods of non-pay status, leave of absence, or sabbatical
leave.
Table 3.1.7, Part Time Proportional Adjustments (revised 12/11/01)
|
Employee Contract
Days
|
Certified Employee FTE Range
|
Classified Employee
Daily Contract Hrs
|
Monthly Accrual
Rate in 8-hr Days
|
Annual Accrual
Rate in 8-hr Days
|
|
From
|
To
|
From
|
To
|
|
227+
|
6/7
|
1.0
|
35
|
40
|
1
|
12
|
|
5/7
|
5/7
|
28
|
34.99
|
.75
|
9
|
|
.5
|
4/7
|
20
|
27.99
|
.5
|
6
|
|
180 to 226
|
6/7
|
1.0
|
35
|
40
|
.84
|
10
|
|
5/7
|
5/7
|
28
|
34.99
|
.63
|
7.5
|
|
.5
|
4/7
|
20
|
27.99
|
.42
|
5
|
3.1.8. Unless otherwise approved in this policy/procedure,
eligible employees are only entitled to use, under the approval conditions and
limitations herein specified, accrued paid sick leave for the employee's
personal illness, health condition, or disability.
3.1.9. An employee may use up to 12 calendar days (for year-round
employment) or 10 calendar days (for traditional employment) of paid sick leave
per year according to the Annual Accrual Rate in table 3.1.7 for any FMLA
qualifying event that is not directly related to an employee's personal
illness, health condition, or disability. No more than 5 days of paid sick
leave may be used per event without obtaining prior approval from the
Washington County School District Superintendent. Within the above limit is
included time necessary for the death and burial of family members or
relatives.
3.1.10. Certified educators and other eligible employees who transfer to the
Washington County School District
are eligible to transfer up to five days of sick leave, if the employee has
earned and not used those days according to the policy of the previous
employer. Employees must not have a break in service of more than four months
and must provide acceptable written evidence of available leave credit from the
previous employer. (2-5-05)
3.1.11. To be credited with one month's sick leave accrual, an employee must
be in pay status on the last day of the month. . Irrespective of the total
amount of accumulated Sick Leave, paid Sick Leave eligibility will end on the
date the employee becomes eligible for Long Term Disability benefits. (2-8-05)
3.1.12. An eligible part-time employee receives sick leave accrual in direct
proportion to the number of work hours identified on the employee's contract.
Additional hours worked, beyond the hours identified in the contract, will not
result in the additional accrual of sick leave.
3.1.13. A supervisor or principal may authorize sick leave only when
supported by evidence acceptable by District administration. Normally such
certification must be from a qualified health care provider.
Supervisors/principals are authorized to accept an employee's
self-certification of an illness for no more than a total of ten calendar days
per year. If there is a reason to believe that an employee is abusing sick
leave, an administrator may require an employee to produce a health care
provider's certificate of illness regardless of the number of sick leave days
used.
3.1.14. An employee shall request advance approval for sick leave for the
purposes of receiving medical, dental, or optical examination or other
authorized scheduled treatment. Employees unable to report for work due to an
unexpected illness must notify their supervisor, principal, or designee prior
to the start of the work day in which leave is requested.
3.2. Re-crediting Paid Sick Leave upon Reemployment
3.2.1. An employee who resigns (has a break in service) and
is rehired within 24 months into a position eligible for paid sick leave
accumulation is entitled to a re-credit of sick leave after completion of a
12-month waiting period.
3.2.2. An employee who resigned to accept a position in another district to
which he or she transferred all or part of his or her sick leave is entitled to
a re-credit (under paragraph 3.2.1.) of the sick leave accumulated prior to
resignation less the days transferred to interim employment.
3.2.3. The re-credit of sick leave under this paragraph must be supported by
written documentation satisfactory to the District.
3.3. Reserved.
3.4. Reserved. (2-5-05)
3.5. Long-term Disability (LTD) Benefits:
3.5.1. Eligibility: Non-temporary classified employees
contracted to work at least 20 hours per week for 180 days or more per contract
term and non-temporary certified employees contracted to work at least .5 FTE
(half time) for 180 days or more per contract term will be automatically
enrolled in LTD benefits insurance program. Temporary employees, as defined by
District policy or contract provisions, are not eligible to participate in this
benefit. The 180-day threshold may be adjusted for year- round schedule or
condensed workweek if the total number of hours in the contract will be at
least 720 hours.
3.5.2. Employees must submit a complete application for LTD benefits at
least two months prior to the end of the minimum waiting period or paid sick
leave will end on the date the employee would have met the waiting period
regardless of eligibility.
3.6. Leave Donation:
3.6.1. This procedure is established to allow a transfer of
personal, vacation leave to another District certified or classified employee
who has a compelling need and is entitled to leave under the FMLA.
3.6.2. The program creates the opportunity for a financial safety net to
assist employees with legitimate needs. It allows concerned individuals the
opportunity to participate in helping others with a recognized compassionate
act of service. As participants unite to help one another stronger morale,
friendship, and esprit de corps will emerge in the District.
3.6.3. Contributing to individual need hinges on a process that is
scrutinized by concerned individuals. They alone must carefully and
thoughtfully consider the situation before acting to donate. It is
appropriately a self-initiated choice.
3.6.4. Eligibility: Before a request for leave donation may be considered,
the following conditions must be met:
3.6.4.1. The employee must meet all requirements for leave
under the FMLA. Employees are generally eligible if they have a documented and
qualifying reason and have worked for at least one year and for 1,250 hours
over the previous 12 months. The Superintendent may approve exceptions.
3.6.4.2. The employee must have used all available "paid leave" to
include all personal, vacation, and available paid sick leave.
3.6.5. Because medical and/or health information is considered private, the
administrator must obtain a written release from the employee before
identifying a need to other employees (District form 507).
The employee providing the release must State in writing what information they
are willing to share with other employees.
3.6.6. Once a release has been obtained, the principal or manager may make
an appeal to the immediate school or work location of the employee, using the
information in the release. If after a reasonable period of two or three weeks,
donated leave is insufficient to cover the qualified leave period, the
principal or manager may submit a request to the District Human Resource
Director who will make a general appeal to employees of the District. The
general appeal will be communicated by sending an e-mail to the administrators
and secretaries list at the appropriate e-mail address.
3.6.7. No appeal will be compelling to the point of making employees feel
"obligated" to donate leave. Employees, administrators, or others
must not pass out a "signup list." Once a general appeal is issued,
administrators, associations, or other concerned individuals may announce that
eligible employees may contact the school office or District Human Resource
Director to obtain and submit a donation form.
3.6.8. A donating employee must sign a District form 513 to
identify the voluntary nature of the donation.
3.6.9. If an employee is willing to donate a personal leave day that
requires payment of the substitute cost, they must identify if they, as the
donating employee, are willing to have the cost deducted from their salary or
that they intend to defer the responsibility for the substitute cost to the
receiving employee.
3.6.10. If all donated leave is not used, unused leave will be returned to
the employee from whom it was donated.
3.6.11. Leave Donation Limitations:
3.6.11.1. To avoid using up two or three days of leave from
one employee and none from another, leave will be used one day at a time, from each donating employee, in random order.
3.6.11.2. Leave must be donated in increments of full days only. Receiving
employees will not be eligible to use more donated leave than is allowed in a
covered FMLA event.
3.7. FMLA Leave:
3.7.1. Notifying the Washington County
School District of the
need for FMLA leave.
3.7.1.1. Employees, or an appropriate representative, shall
submit a request for FMLA leave, 30 days in advance when the need for leave is
foreseeable, or as soon as possible in emergencies. Family Medical Leave Act
Request Forms are available on the District Home Page or at the District Human
Resource Department.
3.7.1.2. In an emergency, notice of the need for leave must be given as soon
as possible, but no later than one workday after the leave begins.
3.7.1.3. The District shall allow employees at least 15 calendar days to
provide medical certification if FMLA leave is not foreseeable. If the medical
certification is inadequate, second and third medical opinions, at the
District's expense, may be required.
3.7.2. Health Care Provider Certification: (Forms are available from the
District Human Resources Office or the School Principal.)
3.7.2.1. If leave is requested for the employee's serious
health conditions, the employee is required to provide the Washington County
School District with
certification by a treating health care provider.
3.7.2.2. If leave is requested to care for the serious health condition of a
son or daughter, parent or spouse, the employee is required to provide the Washington County School District
with certification by a treating health care provider stating that the
individual has a serious health condition and that the employee is needed to
care for the person.
3.7.3. Supervisors and principals shall document leave requests which
qualify as FMLA leave, and will designate any qualifying leave taken by
employees as FMLA leave. All leave which qualifies as FMLA leave shall be
designated as such and shall be subject to all the provisions of this rule.
(2-8-05)
3.7.4. FMLA leave will run concurrently with short-term disability,
long-term disability, paid sick leave, unpaid leave, paid vacation, and/or
personal leave used for an FMLA qualifying event. Washington County
School District requires
employees to exhaust paid vacation and sick leave before using any remaining unpaid
FMLA leave. If an employee uses accrued compensatory time, that leave time may
not be counted against the FMLA leave entitlement.
3.7.5. For instructional employees, as defined by the FMLA, the period
during the summer vacation when the employee would not have been required to
report for duty is not counted against the employee's FMLA leave entitlement.
3.7.6. Under FMLA leave, the employee has the right to return to work during
the approved FMLA leave period if a health care provider, selected by the
District and the Association (if such employee is covered by an association),
provides a written Statement to the District that the employee, in the opinion
of the health care provider, is able to perform the essential functions of the
job. Depending on the needs of the District, employees in an instructional
capacity may be required to extend their leave if the requested time off
interferes with the ending of an academic term.
3.7.7. If an employee fails to return to work after unpaid FMLA leave has
ended, the health insurance premiums paid by the District on the employee's
behalf during the FMLA event, with certain exceptions, is a debt of the
employee due and payable immediately to the District. An employee is considered
to have returned to work if he or she returns for at least 30 calendar days. An
exception to the rule may be made if an employee's circumstances change
unexpectedly beyond their control during the leave period, which make them
unable to return to work at the end of the 12 weeks. Medical certification is
required.
3.7.8. For the purposes of FMLA, the Washington County
School District's
"12-month period" is a "rolling" 12-month period measured
backward from the date an employee uses any FMLA leave.
3.7.9. If an employee and spouse are both eligible for FMLA leave and both
work for the District, their aggregate leave entitlement will be 12 weeks if
the leave is for the birth, adoption or placement of a child, or the illness of
a parent or dependent child.
3.7.10. During approved FMLA leave or paid sick leave, Washington County
School District will
continue to provide group health insurance on the same terms and conditions as
provided other employees. Continuation of insurance coverage beyond the
approved FMLA is subject to applicable State and federal law.