DEC(LOCAL) - COMPENSATION AND BENEFITS: LEAVES AND ABSENCES

Leave Administration

The Superintendent shall develop administrative regulations addressing employee leaves and absences to implement the provisions of this policy.

Definitions

Immediate Family

The term "immediate family" is defined as:

  1. Spouse.
  2. Son or daughter, including a biological, adopted, or foster child, a son- or daughter-in-law, a stepchild, a legal ward, or a child for whom the employee stands in loco parentis.
  3. Parent, stepparent, parent-in-law, or other individual who stands in loco parentis to the employee.
  4. Sibling, stepsibling, and sibling-in-law.
  5. Grandparent and grandchild.
  6. Any person residing in the employee's household at the time of illness or death.

For purposes of the Family and Medical Leave Act (FMLA), the definitions of spouse, parent, son or daughter, and next of kin are found in DECA(LEGAL).

Family Emergency

The term "family emergency" shall be limited to disasters and life-threatening situations involving the employee or a member of the employee's immediate family.

Leave Day

A "leave day" for purposes of earning, using, or recording leave shall mean the number of hours per day equivalent to the employee's usual assignment, whether full-time or part-time.

School Year

A "school year" for purposes of earning, using, or recording leave shall mean the term of the employee's annual employment as set by the District for the employee's usual assignment, whether full-time or part-time.

Part-Time Employment

Part-time employment shall be defined as a position requiring fewer than 30 hours per week. [See CRD]

Catastrophic Illness or Injury

A catastrophic illness or injury is a severe condition or combination of conditions affecting the mental or physical health of the employee or a member of the employee's immediate family that requires the services of a licensed practitioner for a prolonged period of time and that forces the employee to exhaust all leave time earned by that employee and to lose compensation from the District. Such conditions typically require prolonged hospitalization or recovery or are expected to result in disability or death. Conditions relating to pregnancy or childbirth shall be considered catastrophic if they meet the requirements of this paragraph.

Note: For District contribution to employee insurance during leave, see CRD(LOCAL).

Availability

The District shall make state personal leave and local leave for the current year available for use at the beginning of the school year.

State Leave Proration

If an employee separates from employment with the District before his or her last duty day of the school year or begins employment after the first duty day of the school year, state personal leave shall be prorated based on the actual time employed.

If an employee separates from employment before the last duty day of the school year, the employee's final paycheck shall be reduced for state personal leave the employee used beyond his or her pro rata entitlement for the school year.

Medical Certification

An employee shall submit medical certification of the need for leave if:

  1. The employee is absent more than five consecutive workdays because of personal illness or illness in the immediate family;
  2. The District requires medical certification due to a questionable pattern of absences or when deemed necessary by the supervisor or Superintendent; or
  3. The employee requests FMLA leave for the employee's serious health condition; a serious health condition of the employee's spouse, parent, or child; or for military caregiver leave.

In each case, medical certification shall be made by a health-care provider as defined by the FMLA. [See DECA(LEGAL)]

State Personal Leave

The Board requires employees to differentiate the manner in which state personal leave is used.

Nondiscretionary Use

Nondiscretionary use of leave shall be for the same reasons and in the same manner as state sick leave accumulated before May 30, 1995. [See DEC(LEGAL)]

Nondiscretionary use includes leave related to the birth or placement of a child and taken within the first year after the child's birth, adoption, or foster placement.

Discretionary Use

Discretionary use of leave is at the individual employee's discretion, subject to limitations set out below.

Request for Leave

In deciding whether to approve or deny a request for discretionary use of state personal leave, the supervisor shall not seek or consider the reasons for which an employee requests to use leave. The supervisor shall, however, consider the duration of the requested absence in conjunction with the effect of the employee's absence on the educational program and District operations, as well as the availability of substitutes.

Discretionary use of state personal leave shall not exceed two consecutive workdays.

Discretionary use of leave shall not be permitted the day before or the day after a school holiday.

Local Leave

Each employee shall earn five paid local leave days per school year in accordance with administrative regulations.

An employee in a position requiring 11 or 12 months of service shall earn one additional local leave day per employment month beyond ten months.

Local leave shall accumulate without limit.

Local leave shall be used according to the terms and conditions of state sick leave accumulated before the 1995–96 school year. [See DEC(LEGAL)]

Extended Sick Leave

After all available paid leave days and any applicable compensatory time have been exhausted, a full-time employee eligible for FMLA leave shall be granted in a school year a maximum of 35 leave days of extended sick leave to be used only for the employee's personal illness or injury, including pregnancy-related illness or injury. Extended leave may be requested for absences related to the catastrophic illness or injury of a member of the employee's immediate family. Leave may be approved at the discretion of the Superintendent.

A written request for extended sick leave must be accompanied by medical certification of the illness or injury and must be submitted to the human resources office prior to the use of any extended sick leave days. Extended sick leave approval shall be on the basis of an employee's "serious health condition" as defined in the FMLA.

The average daily rate of pay of a substitute, or a proportionate amount established by the Board according to personnel classification, for the employee's position shall be deducted for each day of extended sick leave taken, whether or not a substitute is employed. For positions that are not defined within the Substitute Salary Schedule, the substitute rate deducted shall not exceed 25 percent for leave of less than or equal to ten days, and 43 percent for leave after the tenth day. Failure to submit a written request with medical certification of the illness or injury prior to the use of extended leave days shall result in full deduction of the employee's daily rate of pay for each absence.

Leave for Supervising Teachers

A teacher who is supervising a student teacher may be granted one release day per semester with pay and without loss of accumulated leave, provided all of the following criteria are met:

  1. The student teacher has been serving in the student teaching assignment a minimum of 15 days.
  2. The supervising teacher, the principal of the school, and the university supervisor agree that the student teacher is capable of successfully handling the teaching responsibilities.
  3. A certified classroom teacher in an adjacent room or a member of the same teaching team shall be aware of the absence of the supervising teacher and agrees to assist the student teacher, if needed.
  4. The principal or another building administrator or designee is readily available.
  5. The student teacher is not being paid for any services.

An employee shall not be permitted to use leave granted under this section immediately preceding or following a school holiday nor on the first or last day of a grading period. Prior approval must be obtained from the principal.

Family and Medical Leave

FMLA leave shall run concurrently with applicable paid leave and compensatory time, as applicable.

Note: See DECA(LEGAL) for provisions addressing FMLA.

Twelve-Month Period

For purposes of an employee's entitlement to FMLA leave, the 12-month period shall be measured forward from the date an individual employee's first FMLA leave begins.

Combined Leave for Spouses

When both spouses are employed by the District, the District shall limit FMLA leave for the birth, adoption, or placement of a child, or to care for a parent with a serious health condition, to a combined total of 12 weeks. The District shall limit military caregiver leave to a combined total of 26 weeks.

Intermittent or Reduced Schedule Leave

The District shall permit use of intermittent or reduced schedule FMLA leave for the care of a newborn child or for the adoption or placement of a child with the employee.

Certification of Leave

When an employee requests leave, the employee shall provide certification, in accordance with FMLA regulations, of the need for leave.

Fitness-for-Duty Certification

In accordance with administrative regulations, when an employee takes FMLA leave due to the employee's own serious health condition, the employee shall provide, before resuming work, a fitness-for-duty certification.

Leave at the End of Semester

When a teacher takes leave near the end of the semester, the District may require the teacher to continue leave until the end of the semester.

Temporary Disability Leave

Any full-time employee whose position requires educator certification by the State Board for Educator Certification or by the District shall be eligible for temporary disability leave. The maximum length of temporary disability leave shall be 180 calendar days. [See DBB(LOCAL) for temporary disability leave placement and DEC(LEGAL) for return to active duty.]

An employee's notification of need for extended absence due to the employee's own medical condition shall be forwarded to the Superintendent as a request for temporary disability leave.

The District shall require the employee to use temporary disability leave and paid leave, including any compensatory time, concurrently with FMLA leave.

Workers' Compensation

Note: Workers' compensation is not a form of leave. The workers' compensation law does not require the continuation of the District's contribution to health insurance.

An absence due to a work-related injury or illness shall be designated as FMLA leave, temporary disability leave, and/or assault leave, as applicable.

No Paid Leave Offset

The District shall not permit the option for paid leave offset in conjunction with workers' compensation income benefits. [See CRE]

Court Appearances

Absences due to compliance with a valid subpoena or for jury duty shall be fully compensated by the District and shall not be deducted from the employee's pay or leave balance.

Absences for court appearances related to an employee's personal business shall be deducted from the employee's personal leave.

Angleton ISD

DEC(LOCAL)-X

UPDATE 117

DATE ISSUED: 5/19/2021