SUBJECT: Sick Leave—Classified
- Board Directive
It is the directive of the Board to authorize paid sick leave for classified personnel who qualify for sick leave benefits and to comply with requirements of Public Law 103-3, Family and Medical Leave Act. The Board delegates to the Administration responsibility for establishing policy for sick leave and family leave benefits. If additional leave is needed beyond what is covered in this policy, refer to DP322 NEG —Family Medical Leave Act.
- Administrative Policy
The sick leave policy shall be administered according to the following administrative policy provisions:
- Immediate family is defined as husband, wife, daughter, son, father, mother, brother, sister, or other person residing in the employee’s home on a permanent basis. Special circumstances may be appealed to the Sick Leave Review Committee for consideration of immediate family status.
- Extended family is defined as anyone included in the immediate family definition plus a spouse’s father, mother, brother, sister or an employee’s or spouse’s grandfather, grandmother, grandchild, brother-in-law, sister-in-law, son-in-law or daughter-in-law.
- Any leave used within this policy will run concurrent with FMLA leave, if the employee meets the eligibility requirements for FMLA as outlined in DP322—Family Medical Leave Act.
- Sick leave allowances for contracted employees shall be determined by a combination of contract days and years of service according to the following schedule.
- Employee sick leave allowances:
|Years 1 through 5
||7 days per year
|Years 6 through 10
||11 days per year
|Years 11 through 15
||12 days per year
|Years 16 and above
||13 days per year
- Maximum allowances:
|9-Month Employees: (Includes all bus drivers and attendants)
|Maximum sick leave accumulation
|Maximum sick leave accumulation
|Maximum sick leave accumulation
|Maximum sick leave accumulation
- A classified employee may use up to three days of his/her own accumulated sick leave to attend to the health care needs of extended family members as defined above.
- Sick leave accrual
- If an employee resigns his/her position in the District and then returns, he/she must start over on years of service and sick leave accumulation.
- Should an employee be granted a leave for any reason, he/she will keep his/her number of cumulative sick leave days to be used upon return, but shall not be considered for sick leave during the time of leave.
- If an employee becomes sick and uses all his/her sick leave and later returns to work, he/she must start over on a new accumulation at the rate shown for the year of service he/she was on at the time he/she became sick.
- Use of sick leave for critical family care
A maximum of twelve (12) days of sick leave may be used each year to care for a critically ill member of the employee’s immediate family, as defined above.
- Use of sick leave for critical family illness must be authorized by the Sick Leave Bank Review Committee. The employee must submit his/her request in writing by applying online via Employee Access.
- Employees may not apply for critical family care benefits until all accrued leave days are used in the following order: personal leave, family leave, and vacation leave days. Employees will be allowed to use up to five (5) personal leave days in any contract year, as set forth in policy DP335B—Personal Leave - Classified.
- In cases of extended critical care, employees may apply for additional days beyond the twelve (12) day allowance.
- If circumstances warrant it, the Sick Leave Bank Review Committee may authorize additional days equal to the number of unused family sick leave days available at the beginning of the critical illness to a maximum of three (3).
- For those employees hired prior to July 1, 1977, the Sick Leave Bank Review Committee may allow sick leave days for critical family care as defined above. One additional day may be granted for each year of service in the District up to a maximum of 15 days. If additional days are granted, the employee shall be required to pay 40 percent of the employee’s daily rate.
- Use of sick leave for adoption
- An employee who adopts a child must apply for critical family care days by submitting his/her request in writing to the Sick Leave Bank Review Committee by applying online via Employee Access.
- Employees may not apply for critical family care benefits until all accrued leave days are used in the following order: personal leave, family leave and vacation leave days. Employees will be allowed to use up to five (5) personal leave days in any contract year as set forth in policy DP335B—Personal Leave - Classified.
- Employees may be granted a maximum of twenty (20) days leave at the time actual custody of the child is received. An employee shall not exceed a total of twenty (20) days of leave time, including the use of accrued personal and family leave days.
- Any additional leave must fall under the provisions of DP322—Family Medical Leave Act.
- Sick leave payments, procedures, and limitations
- In accordance with established policy, full pay shall be allowed upon the completion of the absence form with the approval of the principal or immediate supervisor.
- The Administration may require a doctor's certificate without regard to the number of sick leave days claimed at any one time.
- Absences due to illness are to be reported to the appropriate office or individual as soon as possible.
- The sick leave allowance during the first year of service for employees whose employment is subsequent to the beginning of the contract year shall be prorated according to the ratio that the number of days of possible service bears to the total number of days during that contract or employment year.
- If the sick leave allowance is exhausted, unused vacation days may be used to avoid loss of salary.
- If an immediate supervisor suspects that an employee has misused his/her sick leave benefit as established by this policy, the immediate supervisor shall conference with the employee.
- If it is determined that the employee has misused his/her sick leave the immediate supervisor will forward a written explanation of the abuse to the Administrator of Human Resources or his/her designee and an investigation shall be conducted.
- If the investigation of sick leave abuse proves to be true, the following policy provisions will be in effect:
- Salary received for those unauthorized days shall be reclaimed.
- There shall be a five-day (5) suspension without pay in the next pay period.
- Disciplinary actions taken, up to and including termination of employment shall be entered in the employee's personnel file.
- Elective surgery shall be scheduled to minimize the time off work.
- Employee-Funded Sick Leave Bank
- Establishment of the Sick Leave Bank
- In order to be eligible to participate in the sick bank, an employee must voluntarily donate one day annually of sick leave to the sick bank. Employees wishing to opt out of participation in the sick bank must annually complete the appropriate form no later than September 1 of each school year. Non-contracted employees shall not be eligible for the sick bank.
- The sick bank is not intended to be used for in-and-out absences, elective medical procedures or other medical care that could be scheduled during non-contract time.
- Employees who are considered “Provisional” as defined in DP314 NEG—Provisional and Probationary Classified Personnel as of July 1 are not eligible for sick bank benefits that year. An employee’s continuous contracted service as of July 1 will determine their sick bank eligibility for that year. Sick leave days per year are based on the following:
- 1 - 3 years of service are eligible for up to 15 sick bank days
- 4 - 7 years of service are eligible for up to 30 sick bank days
- 8 - 11 years of service are eligible for up to 60 sick bank days
- 12 years of service and above are eligible for up to 120 sick bank days
- Employee Funded Sick Leave Bank Application
- Employees shall complete an official request for sick leave bank form bearing the employee’s original signature. Sick leave bank forms are available from the immediate supervisor, online or in the District Human Resources Department.
- Employees shall complete a release of medical information form to allow the members of the Sick Leave Bank Committee to review any medical documentation that they provide with the request for sick leave bank.
- Employees shall be required to complete a release of information form to allow the Committee to review their official District personnel file, if the need should arise.
- The illness/injury must be medically documented with a statement bearing an original signature from the attending physician. The verification of absence form may not be stamped with a physician’s signature or signed by the attending nurse, office manager, etc.
- A second opinion may be required with any costs not covered by insurance borne by the District.
- Before an employee is eligible to apply for Sick Leave Bank use, the following criteria must be met for each qualifying medical condition. The employee must have:
- been approved for and is receiving FMLA (which will run concurrently with any sick leave bank usage); and
- exhausted all accrued sick leave days, personal days (up to a maximum of five (5) days), vacation days; and
- missed a minimum of fifteen (15) work days (any days from #1 and #2 above and/or no-pay days qualify for meeting this requirement).
- An employee shall be required to provide the Sick Leave Bank Committee with updated information regarding his/her condition every 30 days after the approval of the sick leave bank benefits. Continuation of the sick bank leave shall be contingent upon the information contained in the update.
- Employee Funded Sick Leave Bank Limitations
- No employee shall draw more than 120 days from the sick leave bank during a three-year period.
- No employee shall take vacation days within 15 working days after drawing upon the sick leave bank.
- No employee shall accrue leave days, i.e., personal, family, sick or vacation while drawing upon the sick leave bank.
- After 180 calendar days, including summer months, sick leave benefits from District sources shall terminate and employees shall transition to long term disability according to the provisions of policy DP317—Long Term Disability.
- Prior to granting sick bank days, an employee shall agree in writing to repay the sick bank any unused vacation days for sick bank days used or granted before transitioning to long-term disability.
- Prior to granting sick bank days an employee shall agree in writing to repay compensation at his/her daily rate of pay for sick bank days used or granted if he/she terminates employment with the District for other than medical reasons before completion of the current and succeeding contract year. The purpose of said funds would be to purchase days for the sick bank.
- No appeal beyond the sick leave bank is provided.
- If all days in the sick bank are exhausted prior to July 1, no additional days will be granted for the remainder of the current contract year.
- Sick Leave Bank Committee
- Sick Leave Bank Committee, composed of the Human Resources classified administrator, one other member of the Human Resources Department and two members of the employee agent group, shall be appointed to administer use of the sick leave bank. The Human Resources classified administrator shall serve as the chairperson. If one of the employee agent group members cannot be in attendance, an alternative representative will be requested by the employee agent group president.
- The committee shall review all sick leave bank requests and rule on sick leave bank usage. The unused sick leave bank days shall be reported to the committee on a quarterly basis.
- The Human Resources classified administrator shall make available to the committee all the information that is submitted with an employee’s sick bank request at least 24 hours prior the regularly scheduled meeting.
- Minutes of all Sick Leave Bank Committee meetings shall be recorded and distributed to all committee members.