Leave
7-1 Leave and Substitutes
7-1-1
Absence of an Administrator for the reasons stated in Article 7 shall be charged against leave allowance regardless of the employment of a substitute. Days of leave shall be acquired according to an Administrator’s current FTE (i.e., .50 FTE generates leave in half-day increments; 1.0 FTE generates leave in full-day increments). Days of leave shall be charged against the Administrator’s leave balance in increments equal to the Administrator’s FTE at the time the leave is taken, regardless of the Administrator’s FTE at the time the leave is acquired
7-2 Family and Medical Leave Act (FMLA)
7-2-1
The District follows the Family and Medical Leave Act (FMLA), 29 U.S.C. §2601 and implementing regulations located at 29 C.F.R., §825 et seq. FMLA leave runs concurrent with any other district provided leave and is issued on a fiscal year (July 1 through June 30).
7-2-2 FMLA Definitions
7-2-2-1
Eligible Administrator: any certified Administrator of the District who has been employed for at least twelve (12) months by the District and has worked at least 1,250 hours during the immediate twelve (12) month period prior to any request for leave under this Policy.
7-2-2-2
Employment Benefits: all benefits provided by the District to an Administrator such as group life insurance, health insurance, disability insurance, Sick Leave, personal leave, and pension or retirement benefits.
7-2-2-3
Health Care Provider: a licensed doctor of osteopathy or medicine.
7-2-2-4
Parent: the natural or adoptive parent of a child or legal guardian who acts in the place of a parent.
7-2-2-5
Son or Daughter: a biological, adopted, or foster child, a stepchild, a legal ward, of a persona who acts as parents. A child is (a) less than eighteen (18) years of age;
7-2-2-6
Spouse: a legal husband or wife.
7-2-2-7
Serious Health Condition: an illness, injury, impairment, or physical or mental condition that requires:
1. inpatient care consisting of an overnight stay in a hospital, hospice, or residential medical facility and subsequent treatment in connection with such inpatient care; or
2. continuing treatments by a health care provider, which includes:
a. two visits within the first thirty (30) days of incapacity with the first visit occurring during the first seven (7) days of incapacity; or
b. periods of inability periods of inability to work of more than three (3) consecutive calendar days that also involves treatment two or more times by a health care provider or at least one time which results in a regimen of continuing treatment;
c. any period of incapacity due to pregnancy or prenatal care;
d. any period of incapacity or treatment due to a chronic serious health condition which:
i. requires periodic visits, at least two (2) visits per year, for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider;
ii. continues over an extended period of time including recurring episodes of a single underlying condition); or
iii. may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.)
e. a period of incapacity which is permanent or long-term due to a serious health condition for which treatment may not be effective, such as Alzheimer’s disease, severe stroke, or terminal stages of a disease;
7-2-3 FMLA Eligibility
7-2-3-1
An eligible Administrator is entitled to a total of twelve (12) work weeks of leave without pay during a single twelve (12) month period in the event of any of the following:
1. the birth of a son or daughter of the Administrator and to care for that newborn son or daughter;
2. an expectant mother may take FMLA leave before the birth of the child for prenatal care or if her condition makes her unable to work;
3. the placement of a son or daughter with the Administrator for adoption or foster care;
4. a father, as well as a mother, can take family leave for the birth, placement for adoption or foster care of a child;
5. a spouse, son, daughter, or parent who has a serious health condition; or
6. the Administrator suffers from a serious health condition that makes the Administrator unable to perform the essential functions of that Administrator’s position.
7-2-3-2
An eligible Administrator is entitled to a total of twenty-six (26) work weeks of leave without pay during a single twelve (12) month period to care for a covered service member with a serious illness or injury incurred in the line of duty on active duty.
7-2-3-3
An eligible Administrator is entitled to a total of twelve (12) work weeks of leave without pay during a single twelve (12) month period for any qualifying exigency arising out of a covered military family member who is on active duty or called to active duty status in support of a contingency operation. A qualifying exigency exists in the following circumstances:
1. short-notice deployment;
2. military events and related activities;
3. child care and school activities;
4. financial and legal arrangements;
5. counseling;
6. rest and recuperation;
7. post-deployment activities; and
8. additional activities not encompassed in the above but agreed to by the Administrator and the District.
7-2-4 Concurrent Leave and Leave without Pay
7-2-4-1
The Board hereby designates hereby designates all compensated leave (e.g., sick, personal) to be counted as part of and included in the Family and Medical Leave so that an Administrator shall be entitled to no more than the maximum available leave allowed under the Family and Medical Leave Act and other types of leave taken together. Should FMLA leave exceed accrued compensated leave, all remaining FMLA leave will be without pay.
7-2-4-2
The District hereby requires an Administrator to substitute any accrued compensated leave in place of any part of the FMLA leave week period of any leave under this policy. Existing district policy governing appropriate uses of leave days are applicable.
7-2-4-3
Nothing shall require the District to provide paid sick leave, personal leave, or other type
7-2-5 Foreseeable Leave
7-2-5-1
An Administrator shall make a reasonable effort to:
1. provide the District with at least thirty (30) days prior written notice of any anticipated leave under this policy (indicating number of days and type of leave requested) whenever the leave is foreseeable or when thirty (30) days is not practical, notice within two (2) business days from when the Administrator learns of the need for leave; and
2. schedule treatment so as not to unduly disrupt the operations of the District.
7-2-6 Employer Notification
7-2-6-1
The District shall post in a conspicuous place on school premises a notice of rights under this policy. [This Notice must be approved by the Secretary of Labor, See Policy Exhibit 1.]
7-2-6-2
Upon receipt of a written request for FMLA Leave, the District will provide the Administrator written notification of the status of the requested leave within five (5) working days.
7-2-7 Spouses of Administrators Employed by the District
7-2-7-1
In any case where both husband and wife are employees of the District and both seek leave under this policy, such leave shall be limited to an aggregate of the maximum allowed individual leave during any twelve (12) month period if:
1. leave is sought to care for a newborn daughter or son or the adoption/foster of a daughter or son; or
2. leave is sought to care for a sick parent.
7-2-8 Required Medical Certification
7-2-8-1
All leave under this policy must be supported by a certification issued by a health care provider.
7-2-8-2
The medical certification shall be provided at least fifteen (15) days after leave is requested or when the Administrator begins unforeseeable leave. The District may require renewal of the certification every thirty (30) days during the period of FMLA.
7-2-8-3
Certification is sufficient if it states:
1. the date on which the serious health condition commenced;
2. the probable duration of the condition;
3. if additional treatments will be required for the condition and an estimate of the probable number of such treatments;
4. which part of the definition of “serious health conditions,” if any, applies to the patient’s condition, and the medical facts which support the certification, including a brief statement as to how the medical facts meet the criteria of the definition;
5. if medical leave is required for the Administrator’s absence from work because of the Administrator’s own condition (including absences due to pregnancy or a chronic condition), certification is sufficient if it states whether the Administrator:
a. is unable to perform work of any kind;
b. is unable to perform any one or more of the essential functions of the Administrator’s position, including a statement of the essential functions the Administrator is unable to perform, based om either information provided on a statement from the employer of the essential functions of the position or, if not provided, discussion with the Administrator about the Administrator’s job functions; or
c. must be absent from work for treatment.
6. a statement that the serious medical condition prevents the Administrator from performing the tasks of the position or that requires the Administrator to attend and care for a son, daughter, spouse, or parent.
7-2-8-4
At its expense, the District reserves the right to obtain a second opinion by a doctor designated by the District.
7-2-8-5
The District may require the Administrator taking FMLA to complete a Fitness for Duty Certification prior to his/her return to work at the District.
7-2-9 Employment and Benefit Protection
7-2-9-1
An Administrator who takes leave in conformance with this policy is entitled to:
1. be restored to the position held by the Administrator prior to leave; or
2. be provided an equivalent position in terms of benefits, pay and responsibilities.
7-2-9-2
No benefit accrued prior to taking leave shall be lost as a result of taking leave under this policy.
7-2-9-3
The Administrator shall not accrue any seniority or employment benefits during any period of leave.
7-2-9-4
If an Administrator fails to return to work after leave expires for reasons other than continuation, recurrence, or onset of a serious health condition of the Administrator, son, daughter, or spouse, then the District may recover the insurance premium paid for maintaining coverage for the Administrator during the leave period.
7-2-10 Other Provisions
7-2-10-1
The District may deny Family and Medical Leave if:
1. the denial is necessary to prevent substantial and grievous economic injury to the operations of the District;
2. the District notifies the Administrator that it intends to deny leave when it determines that economic injury would occur;
7-2-10-2
Intermittent medical leave is available upon certification of medical need, but the District may transfer the Administrator temporarily to an equivalent alternate position.
7-3 Sick Leave
7-3-1
Leave Eligible Administrators are allowed twelve (12) days sick leave each year with full pay for absence due to personal illness or illness in the immediate family. If the contract term is not completed, the number of sick days given is prorated for the time worked. If an Administrator is absent beyond the accumulated sick leave days, other accumulated paid leave shall be applied. If the Administrator is absent beyond accumulated leave, the absence is without pay as governed by §7-7.
7-3-2
The immediate family shall be defined as mother, father, wife, husband, sister, brother, child, mother-in-law, father-in-law, brother-in-law, sister-in-law, grand-parent, and grandchildren. Other members of the Administrator’s household not listed who are, in fact, if not by legal relationship, members of the immediate family, may at the discretion of the Association and Board, be so considered.
7-3-3
Once an Administrator has used more than twelve (12) days sick leave within a school year, medical certification may be required each day thereafter.
7-3-4
Recovery from any extended illness/disability extending to ten (10) working days or more requires the Administrator to apply for FMLA and to provide certified medical verification to the District. The Board may require, at their expense, a second opinion and verification of the medical need.
7-3-5
Credit for unused days of sick leave is allowed to accumulate to a maximum of 184 days for all Administrators. After Administrators earn the accumulated maximum, they are allowed, in a given school year, twelve (12) days sick leave (non-accumulative) beyond the accumulate maximum.
7-3-6
If an Administrator’s absence results from an on-the-job injury, and he/she receives reimbursement for lost wages from Worker’s Compensation, the District provides additional funding to equal the Administrator’s daily rate of pay; however, the first three (3) days of absence are deducted from the Administrator’s sick leave.
7-3-7
Administrators are entitled, upon written application to the Superintendent, to sick leave to be used for childbirth and recuperation. Accumulated compensated leave may be used for this purpose up to six (6) weeks following the birth of the baby. If an Administrator is absent beyond the accumulated sick leave days, other accumulated paid leave shall be applied. If the Administrator is absent beyond accumulated leave, the absence is without pay as governed by §7-7. Complications in the course of pregnancy and leave to care for an infant falls under the provisions of the FMLA (see §7-2).
7-3-8
An Administrator who is pregnant may continue in active employment up to her certified delivery date provided she is able to properly perform her required functions as determined by the Administrator, her physician, and the Superintendent.
7-3-9
An Administrator adopting an infant child shall be entitled to use up to ten (10) days sick leave commencing with legal documentation of placement of the child in the Administrator’s home.
7-3-10 Sick Leave Payout
7-3-10-1
Administrators eligible for sick leave benefits under this policy who retire or voluntarily leave employment with Logan City School District shall be compensated by the Board for accumulated sick days at a rate of .0021 times the third increment of the individual Administrator’s respective lane, including applicable salary provisions identified in §5-1-1-1 for years employed in the Logan City School District as follows:
Years one (1) thru four (4): 25% of the rate
Years five (5) thru nine (9): 50% of the rate
Years ten (10) thru fourteen (14): 75% of the rate
Years fifteen (15) and over: 100% of the rate
For Example: An Elementary Principal with eleven (11) years employed in the Logan City School District and sixty-five (65) days of unused sick leave would be entitled to the following:
Value of third increment: $124,974
Sick leave payout rate (.0021 times base): *$262 per day
*This example does not include salary provisions identified in §5-1-1-1
Payout percentage based on years employed: 75%
Daily payout: $196.50
Total sick leave days unused: 65 days
Total sick leave payout: $ 12,773
7-4 Sick Leave Bank
7-4-1
A Sick Leave Bank is established for leave eligible Administrators to draw upon in the case of catastrophic illness. Catastrophic illness does not include all reasons for which an Administrator might be eligible for FMLA leave, maternity leave, or other categories of leave.
7-4-2
Additional days of leave granted by the Sick Leave Bank Committee run concurrent with any FMLA leave for which the Administrator may be eligible.
7-4-3 Eligibility
7-4-3-1
An Administrator whose contract includes leave benefits may elect to participate in the Sick Leave Bank. Participation in the Sick Leave Bank is voluntary.
7-4-3-2
In order to draw additional leave from the Sick Leave Bank, an eligible Administrator shall have exhausted all accumulated compensated leave (sick leave, personal leave, compensatory time, overtime, and/or vacation leave).
7-4-3-3
Provisional Administrators may draw upon the Sick Leave Bank for personal catastrophic illness as follows:
1. Administrators in their first year of employment with the District may draw up to ten (10) contract days per fiscal year.
2. Administrators in their second consecutive year of employment with the District may draw up to twenty (20) contract days per fiscal year.
3. Administrators in their third consecutive year of employment with the District may draw up to thirty (30) contract days per fiscal year.
7-4-3-4
Career Administrators may draw up to eighty-five (85) contract days per fiscal year from the Sick Leave Bank for personal or an eligible family member’s catastrophic illness. Days may be granted up to thirty (30) days at a time. If a longer period of time is needed, the Career Administrator must apply for an extension after the first fifteen (15) days from the Sick Leave Bank have been used by submitting a new application and current documentation, including medical recertification by the attending physician, as outlined in §7-4-5-1.
7-4-3-5
For purposes of the Sick Leave Bank, eligible family members shall be defined as a legal husband or wife, a biological child, an adopted child, a foster child, a stepchild, or a legal ward.
7-4-4 Participation
7-4-4-1
Administrators participating in the Sick Leave Bank donate one (1) day of annual sick leave each fiscal year until the Bank has accumulated at least one thousand (1,000) days; thereafter, no additional days are donated until the Bank balance is depleted to five-hundred (500) days.
7-4-4-2
Administrators must notify the Human Resource Department, in writing, no later than September 15 of the fiscal year in which they wish to join the Sick Leave Bank. Administrators hired after September 15 of any given fiscal year, and who elect to participate in the Bank, must notify the Human Resource Department in writing within thirty (30) calendar days from the date of initial hire or wait until the next fiscal year to join.
7-4-4-3
An Administrator’s participation in the Sick Leave Bank automatically renews each fiscal year unless the Administrator notifies the Human Resource Department in writing by September 15 of the fiscal year in which the Administrator wishes to discontinue participation. An Administrator who discontinues participation in the Bank may not withdraw days thereafter, even those days which such Administrator previously contributed.
7-4-5 Application Process
7-4-5-1
When applying for additional days of leave from the Sick Leave Bank, eligible Administrators must submit a completed Sick Leave Bank Application to Human Resource Department indicating the number of additional days requested along with all required documentation including the reasons for the request, written verification from the attending physician indicating the nature and severity of the catastrophic illness, and the projected recovery date.
7-4-5-2
Upon receipt of application, the District Sick Leave Bank Committee shall have seven (7) working days to convene. Only complete applications shall be reviewed by the Committee and shall be reviewed in the order they are received. Incomplete applications will not be reviewed.
7-4-5-3
The District Sick Leave Bank Committee shall be comprised of six (6) representatives, two (2) from each of the Education Support Professionals (ESP), the Administrator, and the Administrator Associations. All six (6) Committee members must be present during meetings to conduct business. If a member is unable to attend a meeting, he/she may send a representative. The Committee may approve requests, deny requests, or approve only a portion of the days requested. Committee decisions require a two-thirds (2/3) majority vote of approval. All decisions are final and may not be appealed.
7-4-5-4
The Human Resource Director facilitates the Committee process but is not a voting member of the Committee.
7-4-5-5
Applications must be submitted and approved before any additional days from Sick Leave Bank may be used. Additional leave shall not be granted retroactively.
7-4-5-6
Applications shall only be granted when all eligibility requirements are met and when the Sick Leave Bank balance is sufficient to cover the request.
7-4-5-7
All days of leave granted by the Sick Leave Bank Committee must be used consecutively and may not be used intermittently.
7-4-5-8
Administrators who receive additional sick leave from the Sick Leave Bank based on false, untrue, or misleading requests, information, or physician verifications shall be required to reimburse the District for all additional days according to §7-7, Absence without Pay, and may be subject to disciplinary action up to and including termination.
7-5 Bereavement Leave
7-5-1
Upon the death of an immediate family member, Administrators may be absent from their assignment for up to five (5) consecutive days. The immediate family is herein defined as in §7-3-2.
7-5-2
Leave may consist of two (2) days of District-paid bereavement, and up to an additional three (3) days from the Administrator’s accumulated leave.
7-5-3
Two (2) days of District-paid bereavement leave are available for each qualifying event.
7-6 Personal Leave
7-6-1
An Administrator is allowed a total of six (6) annual days of paid Personal Leave (five (5) days of traditional Personal Leave, and one (1) additional pay in valuation of a healthy work-life balance and recognition of responsibilities that may extend beyond a traditional work day). If the contract term is not completed, the number of personal days given is prorated for the time worked.
7-6-2
An Administrator who has less than fifteen (15) years of full-time experience in the District is able to accumulate up to thirteen (13) days of personal leave. An Administrator with fifteen (15) or more years of full-time contract experience in the District is able to accumulate an unlimited number of personal leave days. These days may be used for personal reasons. The time when these days may be used is left to the discretion of the Administrator with the following exceptions:
7-6-2-1
Personal leave shall not be taken during the first ten (10) school days or last ten (10) school days of the year unless authorized by the Superintendent.
7-6-3
If an Administrator, as defined in §7-6-2, has less than fifteen (15) years of experience in the District and chooses not to use personal leave days beyond the thirteen (13) that can be accumulated, the District deposits an amount equal to .0021 times the third increment of the administrator’s respective lane on the current Administrators’ Single-Lane Salary Schedule, including the applicable salary provisions identified in §5-1-1-1, into the Administrator’s 401(k) account.
7-6-4
If an Administrator, as defined in §7-6-2, with fifteen (15) or more years of experience in the District desires to deposit an amount equal to the rate of .0021 times the third increment of the individual Administrator’s respective lane on the current Administrators’ Single-Lane Salary Schedule, including applicable salary provisions identified in §5-1-1-1, into the Administrator’s 401(k) account, a letter requesting the number of days in excess of thirteen (13) to be transferred to their 401(k) account must be delivered to the District by June 30 of the year of the request. The letter is included in the Educator’s file.
7-6-5
Administrators retiring from the District have the option to convert all accumulated personal leave days to their 401(k) account or a payout through payroll for the equal amount at the rate described in §7-3-10-1 Administrators leaving district employment have the option of converting personal days in excess of five (5) to either their 401(k) account or receive an equal payroll payment at the rate described in §7-3-10-1.
7-6-6
When an Administrator takes personal leave, the Board shall pay the cost of the substitute. If an Administrator is absent beyond the accumulated personal leave days, the absence is without pay as governed by §7-7.
7-7 Absence Beyond Available Leave
7-7-1
Absence Beyond Available Leave is only to be taken when personal and vacation leave are exhausted.
7-7-2
Absence Beyond Available Leave requires prior written authorization of the Superintendent or designee or 24-hours post factum of an emergency situation. Requests for Absence Beyond Available Leave must detail the reason for the request and the number of days being requested.
7-7-3
The utilization of Absence Beyond Available Leave requires the following:
7-7-3-1
If the Administrator has an accrued sick leave balance, two (2) days of sick leave will be converted to one (1) day of additional personal leave.
7-7-3-2
If the Administrator’s request for Absence Beyond Available Leave exhausts all categories of accrued leave, the absence is without pay and the Administrator’s daily rate of pay and equivalent insurance premiums are deducted from the salary.
7-7-4
Absence Beyond Available Leave may be addressed through corrective discipline.
7-8 Sabbatical Leave
Sabbatical leave is provided under the following regulations:
7-8-1
Administrators must have completed a minimum of six (6) consecutive years of professional experience with the District before being eligible to apply for a sabbatical leave. No person shall be given such leave of absence more than once in seven (7) years.
7-8-2
Administrators may submit a letter of application to the Superintendent by March 1 of the year proceeding the year for which sabbatical leave is requested. A committee organized by the Superintendent determines whether or not a Sabbatical will be granted the following year. If a Sabbatical is to be granted the following year, the final selection and notification to those who have applied for sabbatical leave is made by the Superintendent based upon criteria jointly determined by the Association and the Board.
7-8-3
Sabbatical leave may be taken for study at an institution of higher learning where an approved course of study is taken. Approved travel with the submission of a curriculum project to benefit the school, District, or staff may also be considered as a sabbatical leave.
7-8-4
An Administrator granted sabbatical leave shall receive 50 percent of his/her present salary for one (1) year of leave. Payment is made and agreed upon by the contract, which includes leave, salary, and insurance.
7-8-5
An Administrator who accepts a sabbatical leave of absence must signify intention of returning to the Logan City School system for one (1) year. Such an Administrator is assured reemployment and, upon return, shall be placed on the same lane and increment of the Administrator Salary Schedule in effect prior to the sabbatical.
7-8-6
If an Administrator who has taken advantage of sabbatical leave fails to return to service as provided above, all monies, including insurance premiums, as stated in a signed contract, and received from the Board while on sabbatical leave are to be returned to the Board in full.
7-8-7
An Administrator on sabbatical leave is entitled to the health and accident benefits provided by the Board at the expense of the Board.
7-8-8
A year of sabbatical leave does not count as a year’s experience and does not result in an increment advancement on the Administrator’s Salary Schedule, upon return.
7-9 Leave of Absence
7-9-1
A Career Administrator may take a partial or full year leave of absence without pay once every three (3) school years.
7-9-2
Career Administrators wishing to take a leave of absence for the next school year must make a written request to the Superintendent stating the reason for the request. Preference will be given to requests received prior to February 1 of the current year in which the request is made, and requests may be denied when received thereafter.
7-9-3
Administrators returning from a leave of absence without pay are entitled at the end of the leave to a position for which they are appropriately licensed. Upon returning they receive the same level of benefits as when the leave was granted; namely, placement on the salary schedule, accrued sick leave benefits, personal leave, and insurance granted by the policies in effect upon return.
7-9-4
Administrators desiring reemployment following a leave of absence without pay must notify the Superintendent in writing of their intent to return February 1. If written notification does not occur by February 1, the position is declared vacant.
7-10 Jury Duty
7-10-1
An Administrator must submit a letter to Human Resources requesting jury duty leave with accompanying documentation of required service.
7-10-2
Jury duty is not paid leave unless the Administrator remits his/her duty payment to the District. If the Administrator accepts payment for jury duty service, the Administrator must report personal, or vacation leave for each day of compensated jury duty service.
7-11 Workers’ Compensation
7-11-1
If an Administrator’s absence results from an on-the-job injury, and he/she receives reimbursement for lost wages from Workers’ Compensation, the District may provide additional funding to equal the Employee’s (Administrator’s) rate of pay; however, the first three (3) days of absence are deducted from the Employee’s (Administrator’s) sick leave. Employees (Administrators) who wish to receive one-third (1/3) of their wage to make up the difference between their full wage and the two-thirds (2/3) of their wage paid by Workers Compensation must have sick leave available and use sick leave hours for each hour paid.
7-11-2
Employees (Administrator’s) who do not have sick leave available will only receive the two-thirds (2/3) of their salary as paid by Workers’ Compensation.
7-11-3
Temporary Total Disability Compensation is paid for the time an Employee (Administrator) cannot work because of a work injury or illness. However, no compensation is paid for the first three (3) days after an injury or illness unless the disability prevents Employee (Administrator) from working for more than a total of fourteen (14) days. In that case, Employee (Administrator) is paid for the first three (3) days of disability. This type of compensation ends when Employee (Administrator) returns to work or reaches medical stability.
7-12 Vacation Leave
7-12-1
Administrators on a 225-day contract receive ten (10) days of annual paid Vacation Leave. Vacation Leave must be used each year by June 30.
7-12-2
No reimbursement is given for unused days of Vacation Leave.
Additional settings for Safari Browser.
