409.2 - Employee Leave of Absence
409.2 - Employee Leave of AbsenceThe board will offer the following leave to full-time regular licensed employees:
- Personal Illness (Sick) Leave – Leave for medically-related disability, illness or required quarantine (unless associated with personal travel)
- Family Sick Leave_- Leave to care for a sick member of the employee’s immediate family or to care for a dependent child during a required quarantine
- Bereavement Leave – Leave to mourn the loss of a family member or close friend
- Adoption Leave – Leave for an employee who legally adopts a child
- Personal Leave – Leave to accomplish personal business that cannot be conducted outside the work day
- Jury Duty Leave – Leave to be excused for jury duty
- Military Leave – Leave for military service, including the national guard
- Political Leave – Leave to run for elective public office
- Vacation Leave – Leave to accomplish rest, relaxation, and attendance to personal matters (260-day employees only)
- Unpaid Leave - To excuse an involuntary absence not provided for in other leave policies of the board
The board will offer the following leave to full-time regular classified employees:
- Personal Illness (Sick) Leave – Leave for medically-related disability, illness or required quarantine (unless associated with personal travel)
- Family Sick Leave – Leave to care for a sick member of the employee’s immediate family or to care for a dependent child during a required quarantine
- Bereavement Leave – Leave to mourn the loss of a family member or close friend
- Adoption Leave – Leave for an employee who legally adopts a child
- Personal Leave – Leave to accomplish personal business that cannot be conducted outside the work day
- Jury Duty Leave – Leave to be excused for jury duty
- Military Leave – Leave for military service, including the national guard
- Political Leave – Leave to run for elective public office
- Vacation Leave – Leave to accomplish rest, relaxation, and attendance to personal matters (260-day employees only
- Unpaid Leave - To excuse an involuntary absence not provided for in other leave policies of the board
The provisions of each leave offering will be detailed in the Master Contract and/or Employee Handbook.
Leave offered by the district will not be less than what is required by law. In the event of an emergency or unforeseen circumstance, the superintendent may authorize additional paid leave.
Legal Reference:
29 U.S.C. §§ 2601 et seq.
Pub.L. 116–127
29 C.F.R. §§ 825; 826.
Iowa Code §§ 20; 29A; 55; 85; 216; 279.40; 607A.
Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
Cross Reference:
401.9 Employee Political Activity
403.2 Employee Injury on the Job
409.3 Employee Family and Medical Leave Series
409.6 Drug & Alcohol Testing Program Series
706.3 Pay Deductions Series
Approved 8-10-20
Reviewed 5-9-23
Revised 5-9-23
409.2R1FC - Personal Illness and Family Emergencies/Illness Leave
409.2R1FC - Personal Illness and Family Emergencies/Illness LeaveFull-time staff members will be allowed sick leave for temporary disabilities as follows:
- First year of employment, 10 days
- Second year of employment, 11 days
- Third year of employment, 12 days
- Fourth year of employment, 13 days
- Fifth year of employment, 14 days
- Sixth and subsequent years, 15 days
Over and above first through sixth year, at board discretion, up to 20 days.
Beyond the fifth year of employment 15 days are granted cumulative to one hundred five (105) days. The above amounts apply only to consecutive years of employment in the Forest City Community School District. For all new hires after July 1, 2013 the granted cumulative leave will be ninety (90) days.
Sick leave benefits are restricted to accumulated sick leave days earned by the individual staff member. Should the personal illness occur after or extend beyond the accumulated sick leave allowance the employee will be allowed a leave of absence without pay for the time period the employee is disabled (see Policy 404.6).
The employee shall notify the superintendent or his designee as soon as the necessity for taking sick leave becomes known to the employee. The employee may continue to work as long as he/she is physically able.
The employee, while taking sick leave under these provisions, shall keep the superintendent, or his designee, informed of the duration of the disability and the expected date of return to duty. When deemed necessary the Board of Education may require a staff member to submit a statement from an attending physician as to the temporary disability. The employee should return to work as soon as a physician determines the individual is capable of performing the work. A signed release from your doctor listing any restrictions may be required by your supervisor before you may return to work after an extended sick leave.
The employee who is unable to work because of personal illness or temporary disability and who has exhausted all sick leave available shall be granted a leave of absence without pay for the duration of such illness or temporary disability through the end of the school year. Insurance coverage shall be continued at the negotiated rate until the insurance policy anniversary date for employees who have exhausted all sick leave and have been placed on leave without pay.
MATERNITY LEAVE
For the individual employee who has a pregnancy condition the individual employee may take up to twelve (12) consecutive calendar weeks of Personal Illness Leave with pay (restricted to accumulated sick leave days earned by the individual staff member). Any number of days used during the twelve (12) weeks not covered by accumulated sick leave may be covered by Family and Medical Leave without pay. The total combination of days taken must be consecutive days. The weeks listed above will commence at birth.
QUARANTINE
Days may be deducted from accumulated sick leave for the employee to be in quarantine if required by regulations implemented by the Department of Public Health, unless the required quarantine is a direct result of personal travel. If an employee chooses to travel and upon return from their trip is forced to quarantine, paid days sick leave will not be allowed. Instead employees may use their personal days or unpaid leave.
CRITICAL FAMILY ILLNESS / BEREAVEMENT
Employees may also use days from accumulated sick leave to attend to the illness or provide care during a required quarantine of a child or spouse. When leave days are required due to the critical illness and/or bereavement of the death of a relative, sick leave days may be utilized. Also, when the presence of a staff member is necessary to attend the funeral of a friend or act in the capacity of pallbearer, days missed may be used under this policy.
Legal Reference:
29 U.S.C. §§ 2601 et seq.
Pub.L. 116–127
29 C.F.R. §§ 825; 826.
Iowa Code §§ 20; 29A; 55; 85; 216; 279.40; 607A.
Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
Cross Reference:
401.9 Employee Political Activity
403.2 Employee Injury on the Job
409.3 Employee Family and Medical Leave Series
409.6 Drug & Alcohol Testing Program Series
706.3 Pay Deductions Series
Approved: 6-14-21
Reviewed: 5-9-23
Revised: 5-9-23
409.2R2FC - Non-Medical Paid Leave of Absence
409.2R2FC - Non-Medical Paid Leave of AbsenceADOPTION
An employee may be granted a paid leave of absence, not to exceed a total of ten (10) consecutive calendar days, in the case of the employee adopting a child or children. Such paid leave days shall be charged to the employee’s accrued sick leave. If both husband and wife are employees, each shall have the opportunity to use this policy. Employees who are eligible for unpaid leave for the adoption of a child under the provisions of the Family and Medical Leave Act will be granted leave in accordance with the FMLA and Board policy. If both a husband and a wife are eligible for family and medical leave and are employed by the District, such leave for adoption will be limited to a combined total of twelve (12) weeks during a twelve-month period. If the adoption is that of a newborn, and the employee is the designated primary caregiver, the Superintendent may grant additional paid leave of absence, not to exceed a total of thirty (30) consecutive days from the date of birth.
ABSENCE WITHOUT PAY
Absence without pay may be authorized by the superintendent and principal for purposes considered urgent, necessary, or unique. For such absences, deductions from the employee's salary will be made in accordance with the school district's pay deduction regulations. An involuntary absence where prior notice was not possible may be excused by the superintendent. The employee shall make a leave request as soon as possible to request approval for such absence. Other absences than those herein provided for, or failure to follow the foregoing regulations, may be deemed to be neglect of duty and may be sufficient grounds for dismissal.
ABSENCE WITHOUT PAY (VACATION TRAVEL) - LICENSED EMPLOYEES ONLY
The superintendent may approve an absence of 1 to 5 days for an unusual opportunity for vacation travel if the following criteria are met:
- Requests will be allowed for up to a maximum of 5 days per three year period. The number of days utilized may range from one to five for any one request; however, regardless of the number of days requested, no more than two requests per three year period may be approved.
- Part-time employees may apply for "like" days if all other criteria have been met (i.e. up to five one-half days by a staff member currently teaching one-half time).
- Personal leave must be utilized in conjunction with or to extend an approved Absence Without Pay leave.
- Requests will be submitted to the superintendent through the building principal or supervisor.
- Failure to follow the foregoing regulations, may be deemed to be neglect of duty and may be sufficient grounds for dismissal.
JURY DUTY
The Board will allow employees to be excused for jury duty unless extraordinary circumstances exist. The superintendent has the discretion to determine when extraordinary circumstances exist. Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district. The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours. Licensed employees will receive their regular salary. Any payment for jury duty will be paid to the school district.
LEAVE OF ABSENCE - LICENSED EMPLOYEES ONLY
The Board of Directors may grant a leave of absence to licensed employees without pay providing the following stipulations are adhered to:
- Written requests for leaves, stating reasons and duration, are to be submitted to the board.
- Only one trimester, two trimesters, one full school year or two full school years leave requests will be considered (with the exception of No. 9 stated below).
- Two-year leaves of absence will be considered only for teachers planning to teach abroad. In the event said teacher's situation changes and he/she plans to return following one-year absence, written notice of this intent must be received by the board on or before March 1 prior to the contract year.
- To qualify for a first leave of absence a teacher must have five or more years of experience in the Forest City Schools before consideration will be given.
- One leave of absence will be granted during each ten year period of employment. A leave of absence does not constitute a portion of the succeeding ten year period of consecutive employment. The second leave of absence may not be taken until ten consecutive years of employment have elapsed since the first leave of absence.
- Full year, two year, and first trimester applications must be submitted on or before the deadline for returning contracts for the ensuing school year (April 15 or 21 days following issuance). Leave requests for the second trimester only must be submitted on or before the Regular October Board Meeting.
- Final approval will not be granted until a suitable, temporary replacement is contracted.
- Upon return the board agrees to reemploy said teacher in the same position or, if that position has been abolished, a position assigned by the Board. Salary schedule placement will not be interrupted.
- In cases involving illness, the above guidelines may be waived by the board.
MILITARY LEAVE
The Board recognizes employees may be called to participate in the armed forces, including the national guard. If an employee is called to serve in the armed forces, the employee will have a leave of absence for military service until the military service is completed. The leave is without loss of status of efficiency rating, and without loss of pay during the first thirty calendar days of the leave.
PERSONAL LEAVE
Licensed Employees
Two days of personal leave per school year will be granted for licensed employees. Notification will be submitted to the superintendent through the building principal. The administration may limit the number of employees leaving on the same day to the number of available substitutes. At the end of the school year any unused days shall be reimbursed at a rate approved in the Master Contract between the employee’s licensed bargaining unit and the Board. The cost of the substitute for the two days taken will be borne by the school district. Approval of Personal Leave requests are based on the assumption that the employee’s personal business is of a nature that cannot be done outside the school day. Though a reason is not required on the request, the Board trusts that employees will follow this guideline.
Classified Employees
Classified employees working less than 260 days per year and ineligible for vacation days are allowed two day of personal leave per year. Classified employees working 260 days per year and eligible for vacation days are allowed one day of personal leave per year. Personal leave may be used to attend to matters of a personal nature, subject to operation requirements. Requests are to be submitted to the superintendent through the building principal or support staff director.
Employees who do not use their full entitlement of days during the year will automatically be paid out at the prevailing hourly rates in June.
PATERNITY LEAVE
An employee may be granted a paid leave of absence, not to exceed a total of ten (10) consecutive calendar days, in the case of the employee becoming a father. Such paid leave days shall be charged to the employee’s accrued sick leave. Employees who are eligible for unpaid leave for the birth of a child under the provisions of the Family and Medical Leave Act will be granted leave in accordance with the FMLA and Board policy. If both a husband and a wife are eligible for family and medical leave and are employed by the District, such leave for adoption will be limited to a combined total of twelve (12) weeks during a twelve-month period.
POLITICAL LEAVE
The Board will provide a leave of absence to employees to run for elective public office. The superintendent will grant an employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave. The employee will be entitled to one period of leave to run for the elective public office, and the leave may commence within thirty days of a contested primary, special, or general election and continue until the day following the election. The request for leave must be in writing to the superintendent of schools at least thirty days prior to the starting date of the requested leave.
PROFESSIONAL LEAVE
Professional purposes leave may be granted to employees for the purpose of attending meetings and conferences directly related to their assignments. Application for the leave must be presented to the superintendent 30 days prior to the meeting or conference.It is within the discretion of the superintendent to grant professional purposes leave. The leave may be denied on the day before or after a vacation or holiday, on special days when services are needed, when it would cause undue interruption of the education program and school district operations, or for other reasons deemed relevant by the superintendent.
VACATIONS AND HOLIDAYS - SEE POLICY 409.1
Legal Reference:
29 U.S.C. §§ 2601 et seq.
Pub.L. 116–127
29 C.F.R. §§ 825; 826.
Iowa Code §§ 20; 29A; 55; 85; 216; 279.40; 607A.
Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
Cross Reference:
401.9 Employee Political Activity
403.2 Employee Injury on the Job
409.3 Employee Family and Medical Leave Series
409.6 Drug & Alcohol Testing Program Series
706.3 Pay Deductions Series
Approved: 6-14-21
Reviewed: 5-9-23
Revised: 5-9-23
409.2R3FC - Classified Employee Sick Bank Leave
409.2R3FC - Classified Employee Sick Bank Leave
Regularly scheduled classified employees who are eligible for paid illness leave may contribute up to three (3) sick leave days per year to other classified employees who are eligible as provided in paragraph 2 below. The total of all sick leave donations shall not exceed sixty (60) days per year. On or before September 10, the Business Manager will notify the Superintendent of the names of individuals who have contributed sick leave and the amount of sick leave which they will contribute. If the number of days offered for donation exceeds sixty (60) days, then priority in donation shall be given to employees who have accumulated less than seventy (70) days of sick leave as of July 1 of the contract year in which a sick leave donation is requested. There will be no carryover of donated sick leave days from year to year.
1. Donated sick leave days will not be returned to the donor.
2. Donated sick leave days will be available only to those employees who: (1) have accumulated less than seventy days of sick leave as of July 1 of the contract year in which a sick leave donation is requested, (2) have donated at least one (1) day of sick leave to the sick leave bank, (3) have used all of their paid leave days (sick leave days and personal leave days), (4) have not yet met the elimination period for long term disability insurance, and (5) suffer from a serious health condition as defined in the Family and Medical Leave act, 29 Code of Federal Regulations '825.114. Donated sick leave days will not be available to an employee on a day-to-day basis, that is, donated sick leave days will not be available for brief absences such as one or two days.
3. Requests for the use of donated sick leave days will be submitted to the Business Manager on a form provided by the District. The decision of whether to provide donated sick leave benefits to an employee and the number of donated sick leave days to allocate to the employee shall be made by the Board. Up to twenty (20) donated sick leave days per year will be allocated to each eligible participant. If an employee's absence which is eligible for sick leave bank usage exceeds twenty (20) days and if there are days remaining in the sick leave bank at the end of the school year, then any days remaining in the sick leave bank at the end of the school year will be allocated to employees on a pro-rata basis.
Licensed Employees are not eligible to participate in the Classified employee sick leave bank as they are covered by a separate sick leave bank as specified in their comprehensive master agreement between the Forest City Community School District and the Forest City Education Association.
_____
Classified Staff Sick Leave Bank Request Form
Donated sick leave days will be available only to those employees who:
1. have accumulated less than seventy days of sick leave as of July 1 of the contract year in which a sick leave donation is requested,
2. have donated at least one (1) day of sick leave to the sick leave bank,
3. have used all of their paid leave days (sick leave days and personal leave days),
4. have not yet met the elimination period for long term disability insurance, and
5. suffer from a serious health condition as defined in the Family and Medical Leave act, 29 Code of Federal Regulations '825.114.
Donated sick leave days will not be available to an employee on a day-to-day basis, that is, donated sick leave days will not be available for brief absences such as one or two days.
Requests for the use of donated sick leave days will be submitted to a representative of the Board and a representative of the Association on a form provided by the District. The decision of whether to provide donated sick leave benefits to an employee and the number of donated sick leave days to allocate to the employee shall be made by mutual agreement of the representative of the Board and the representative of the Association. Up to twenty (20) donated sick leave days per year may be allocated to each eligible participant. If an employee's absence, which is eligible for sick leave bank usage exceeds twenty (20) days and if there are days remaining in the sick leave bank at the end of the school year, then any days remaining in the sick leave bank at the end of the school year will be allocated to employees on a pro-rata basis.
Eligible Family and Medical Leave Requests from Sick Leave Bank:
A. Birth of a son or daughter of the employee in order to care for that child prior to the first anniversary of the child’s birth.
B. Placement of a son or daughter of the employee for adoption or foster care prior to the first anniversary of the child’s placement.
C. To care for a spouse, son, daughter or parent of an employee who has a serious health condition.
D. Employee’s serious health condition that makes the employee unable to perform the essential functions of the employee’s position.
Employee Signature Days Requested Date
Board Signature Date Approved/Denied
Number of Days Approved Number of Days Denied
Legal Reference:
29 U.S.C. §§ 2601 et seq.
Pub.L. 116–127
29 C.F.R. §§ 825; 826.
Iowa Code §§ 20; 29A; 55; 85; 216; 279.40; 607A.
Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).
Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
Cross Reference:
401.9 Employee Political Activity
403.2 Employee Injury on the Job
409.3 Employee Family and Medical Leave Series
409.6 Drug & Alcohol Testing Program Series
706.3 Pay Deductions Series
Approved: 5-9-22 Reviewed: 5-8-23 Revised: 5-8-23