Leave
7-1 Leave
7-1-1
Beginning July 1, 2014, Education Support Professionals contracted to regularly work 28.75 or more hours per week in a single capacity are leave eligible.
7-1-2
If a contract term is not completed, all categories of leave are pro-rated according to the percent of the contract term completed.
7-1-3
Education Support Professionals contracted to work less than 28.75 hours per week are not eligible to receive any type of leave.
7-1-4
Education Support Professionals who began employment with the District prior to July 1, 2014, and who were contracted to regularly work in a position that was leave eligible at that time, continue to be leave eligible so long as employment continues in that same position. Should employment in that same position be resigned, retired, or terminated, leave benefit eligibility also terminates and accrued leave balances shall be paid out according to §7-4-11.
7-2 Reporting Leave
7-2-1
Absence of an Employee for named causes in Article 7 shall be reported accordingly and charged against leave allowance regardless of the employment of a substitute.
7-3 Family and Medical Leave Act (FMLA)
7-3-1
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).
7-3-2
FMLA Definitions
7-3-2-1
Eligible Employee: any Education Support Professional 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.
7-3-2-2
Employment Benefits: all benefits provided by the District to an Employee such as group life insurance, health insurance, disability insurance, Sick Leave, personal leave, and pension or retirement benefits.
7-3-2-3
Health Care Provider: a licensed doctor of osteopathy or medicine.
7-3-2-4
Parent: the natural or adoptive parent of a child or legal guardian who acts in the place of a parent.
7-3-2-5
Son or Daughter: a biological, adopted, or foster child, a stepchild, a legal ward, of a person who acts as parent. A child is: (a) less than eighteen (18) years of age; or (b) older than eighteen (18) years but incapable of self-care due to mental or physical disability.
7-3-2-6
Spouse: a legal husband or wife.
1. Serious Health Condition: an illness, injury, impairment, or physical or mental condition that requires: 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. a period of incapacity lasting more than three consecutive full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also includes:
i. two visits within the first thirty (30) days of incapacity with the first visit occurring during the first seven (7) days of incapacity; or
ii. one treatment by a health care provider with an inpatient visit within seven (7) days of the first day of incapacity with a continuing regimen of treatment.
b. any period of incapacity due to pregnancy or prenatal care;
c. 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.)
d. 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;
e. any absences to receive multiple treatments for restorative surgery or for a condition that would result in a period of incapacity of more than three (3) days if not treated.
7-3-3
FMLA Eligibility
7-3-3-1
An eligible Employee 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 Employee 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 Employee 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 Employee suffers from a serious health condition that makes the Employee unable to perform the essential functions of that Employee’s position.
7-3-3-2
An eligible Employee 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.
7-3-3-3
An eligible Employee 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:
7-3-4
Concurrent Leave and Leave without Pay
7-3-4-1
The Board hereby designates all compensated leave (e.g., sick, personal, vacation, compensatory time) to be counted as part of and included in the FMLA so that an Employee shall be entitled to no more than the maximum available leave allowed under the FMLA, and other types of leave taken together. Should FMLA leave exceed accrued compensated leave, all remaining designated FMLA leave will be without pay.
7-3-4-2
The District hereby requires an Employee to substitute any accrued compensated leave in place of any part of FMLA leave under this policy. Existing district policy governing appropriate uses of leave days are applicable.
7-3-4-3
Nothing shall require the district to provide paid Sick Leave, personal leave, or other type of paid leave in any situation where it is not otherwise provided under District policies.
7-3-5
Foreseeable Leave
7-3-5-1
An Employee 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 Employee learns of the need for leave; and
2. schedule treatment so as not to unduly disrupt the operations of the District.
7-3-6
Employer Notification
7-3-6-1
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.]
7-3-6-2
Upon receipt of a written request for FMLA Leave, the District will provide the Employee written notification of the status of the requested leave within five (5) working days.
7-3-7 Spouses of Employees Employed by the District
7-3-7-1
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.
7-3-8
Required Medical Certification
7-3-8-1
All leave under this policy must be supported by a certification issued by a health care provider.
7-3-8-2
The Board hereby designates all qualifying leave as FMLA.
7-3-8-3
The medical certification shall be provided at least fifteen (15) days after leave is requested or when the Employee begins unforeseeable leave. The District may require renewal of the certification every thirty (30) days during the period of FMLA.
7-3-8-4
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 condition,” 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 Employee’s absence from work because of the Employee’s own condition (including absences due to pregnancy or a chronic condition), certification is sufficient if it states whether the Employee:
a. is unable to perform work of any kind;
b. is unable to perform any one or more of the essential functions of the Employee’s position, including a statement of the essential functions the Employee 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 Employee about the Employee’s job functions; or
c. must be absent from work for treatment.
6. a statement that the serious medical condition prevents the Employee from performing the tasks of the position or that requires the Employee to attend and care for a son, daughter, spouse, or parent.
7-3-8-5
At its expense, the District reserves the right to obtain a second opinion by a doctor designated by the District.
7-3-8-6
The District may require the Employee taking FMLA to complete a Fitness for Duty Certification prior to his/her return to work at the District.
7-3-9 Employment and Benefit Protection
7-3-9-1
An Employee who takes leave in conformance with this policy is entitled to:
1. be restored to the position held by the Employee prior to leave; or
2. be provided an equivalent position in terms of benefits, pay and responsibilities.
7-3-9-2
No benefit accrued prior to taking leave shall be lost as a result of taking leave under this policy.
7-3-9-3
The Employee shall not accrue any seniority or employment benefits during any period of leave.
7-3-9-4
If an Employee fails to return to work after leave expires for reasons other than continuation, recurrence, or onset of a serious health condition of the Employee, son, daughter, or spouse, then the District may recover the insurance premium paid for maintaining coverage for the Employee during the leave period.
7-3-10 Other Provisions
7-3-10-1
The District may deny FMLA 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 Employee that it intends to deny leave when it determines that injury would occur;
3. intermittent medical leave is available upon certification of medical need, but the District may transfer the Employee temporarily to an equivalent alternate position.
7-3-11
End of School Year Procedures, Where Applicable
7-3-11-1
If the Employee begins leave more than five (5) weeks prior to the end of the school year, the Employee must continue taking unpaid leave until the end of the school year if the leave requested is of at least three (3) weeks duration; and the return to employment would occur during the week period before the end of the school year.
7-3-11-2
If the Employee begins leave for reasons other than a personal serious health condition which commences less than five (5) weeks prior to the end of the school year, then the Employee must continue to take unpaid leave until the end of the school year if:
1. the leave requested is of greater than a two (2) week duration;
2. the return to employment would occur during the two (2) week period before the end of the school year.
7-3-11-3
If the Employee begins leave for reasons other than a personal serious health condition during the period that commences three (3) weeks prior to the end of the school year and the leave is greater than five (5) working days, then the Employee must continue to take unpaid leave until the end of the school year.
7-4 Sick Leave
7-4-1
Leave eligible Employees with a contract of 225 to 260 days are allowed twelve (12) days Sick Leave for absence due to personal illness or illness in the immediate family.
7-4-2
Leave eligible Employees with a contract less than 225 days are allowed ten (10) days Sick Leave for absence due to personal illness or illness in the immediate family
7-4-3
If a leave eligible Employee is absent beyond days of accumulated Sick Leave, other accumulated paid leave shall be applied. If the Employee is absent beyond all days of accumulated leave, the absence is without pay as per §7-11.
7-4-4
Immediate Family
7-4-4-1
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, grandparent, and grandchildren. Other members of the Employees 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.
7-4-5
Once an Employee has used more than ten (10) days Sick Leave within a given year, medical certification may be required each day thereafter.
7-4-6
Recovery from any extended illness/disability extending to ten (10) working days or more requires the Employee to apply for FMLA and to provide certified medical verification. Every ten (10) working days thereafter, following the initial ten (10) days, requires an additional certified medical verification from a physician specifying the medical need for an extension. The Board may require, at their expense, a second opinion and verification of the medical need for an extension.
7-4-7
Credit for unused days of Sick Leave is allowed to accumulate to a maximum of 120 days. After Employees earn the 120-day maximum, they are allowed, in a given year, ten (10) days Sick Leave (non-accumulative) beyond the 120-day maximum.
7-4-8
An Employee is entitled to, upon written application to Human Resources, leave to be used for childbirth and recuperation. Accumulated compensated leave may be used for this purpose up to six (6) weeks immediately following the birth of the baby. If an Employee is absent beyond the accumulated Sick Leave days, other accumulated paid leave shall be applied. If the Employee is absent beyond accumulated leave, the absence is without pay as governed by §7-11. Complications in the course of a pregnancy or leave to care for an infant falls under the provisions of the FMLA (see §7-3).
7-4-9
An Employee 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 Employee, her physician, and the principal and/or supervisor.
7-4-10
An Employee 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 Employee’s home.
7-4-11 Sick Leave Payout
7-4-11-1
The Board agrees to pay twenty-five (25) percent of the accumulated Sick Leave at the time of retirement or voluntary separation of employment based on the final contract hourly wage.
Example (based on a $15 hourly rate):
An Employee has accumulated 110 days’ x 6 hours = 660 total hours accumulated Sick Leave: 660 x 25% = 165 accumulated Sick Leave hours’ x $15.00 hourly rate = $2475.
7-4-11-2
This payout will be in accordance with any of the Board approved options.
7-5 Sick Leave Bank
7-5-1
A Sick Leave Bank is established for leave eligible Employees to draw upon in the case of catastrophic illness. Catastrophic illness does not include all reasons for which an Employee might be eligible for FMLA leave, maternity leave, or other categories of leave.
7-5-2
Additional days of leave granted by the Sick Leave Bank Committee run concurrent with any FMLA leave for which the Employee may be eligible.
7-5-3
Eligibility
7-5-3-1
An Employee whose contract includes leave benefits may elect to participate in the Sick Leave Bank. Participation in the Sick Leave Bank is voluntary.
7-5-3-2
In order to draw additional leave from the Sick Leave Bank, an eligible Employee shall have exhausted all accumulated compensated leave (Sick Leave, personal leave, compensatory time, overtime, and/or vacation leave).
7-5-3-3
Provisional Employees may draw upon the Sick Leave Bank for personal catastrophic illness as follows:
1. Employees in their first year of employment with the District may draw up to ten (10) contract days per fiscal year.
2. Employees in their second consecutive year of employment with the District may draw up to twenty (20) contract days per fiscal year.
3. Employees in their third consecutive year of employment with the District may draw up to thirty (30) contract days per fiscal year.
7-5-3-4
Career Employees 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 Employee 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 §7-4-6.
7-5-3-5
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.
7-5-4 Participation
7-5-4-1
Employees 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.
7-5-4-2
Employees 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. Employees hired after September 15 of any given fiscal year, and who elect to participate in the Bank, must notify Human Resource in writing within thirty (30) calendar days from the date of initial hire or wait until the next fiscal year to join.
7-5-4-3
An Employee’s participation in the Sick Leave Bank automatically renews each fiscal year unless the Employee notifies Human Resources in writing by September 15 of the fiscal year in which the Employee wishes to discontinue participation. An Employee who discontinues participation in the Bank may not withdraw days thereafter, even those days which such Employee previously contributed.
7-5-5 Application Process
7-5-5-1
When applying for additional days of leave from the Sick Leave Bank, eligible Employees must submit a completed Sick Leave Bank Application to the 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.
7-5-5-2
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.
7-5-5-3
The District Sick Leave Bank Committee shall be comprised of six (6) representatives, two (2) from each of the Education Support Professionals (ESP), the Licensed, 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.
7-5-5-4
The Human Resource Director facilitates the Committee process but is not a voting member of the Committee.
7-5-5-5
Applications must be submitted and approved before any additional days from Sick Leave Bank may be used. Additional leave shall not be granted retroactively.
7-5-5-6
Applications shall only be granted when all eligibility requirements are met and when the Sick Leave Bank balance is sufficient to cover the request.
7-5-5-7
All days of leave granted by the Sick Leave Bank Committee must be used consecutively and may not be used intermittently.
7-5-5-8
Employees 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 §7-9, Absence without Pay, and may be subject to disciplinary action up to and including termination.
7-6 Workers’ Compensation
7-6-1
If a leave eligible Employee’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 rate of pay; however, the first three days of absence are deducted from the Employee’s Sick Leave.
7-6-2
Leave eligible Employees who wish to receive one-third of their wage to make up the difference between their full wage and the two-thirds of their wage paid by Workers’ Compensation, must have Sick Leave available and must use one (1) hour Sick Leave for each hour of compensation made up by the District.
7-7 Bereavement Leave
7-7-1
Upon the death of an immediate family member, Employees may be absent from their assignment for up to five (5) consecutive days. The immediate family is herein defined as in paragraph §7-4-4-1.
7-7-2
Leave may consist of two (2) days of District-paid bereavement, and up to an additional three (3) days from the Employee’s accumulated leave.
7-7-3
Two (2) days of District-paid bereavement leave are available for each qualifying event.
7-8 Vacation Leave
7-8-1
Vacation Leave is defined as leave with pay granted for the purpose of vacation and/or attendance to personal matters.
7-8-2
Vacation Leave may be taken during a time mutually agreed upon by the Employee and his/her immediate supervisor, with the following exceptions:
7-8-2-1
Vacation Leave should not be taken during the first ten (10) school days or last ten (10) school days of the regular school year.
7-8-2-2
Requests for an exception due to extenuating circumstances require prior written approval from the Superintendent, or designee
7-8-3
It is the responsibility of each Employee to arrange Vacation Leave no later than 8:00 a.m. the day prior to the requested leave. Extended Vacation Leave should be arranged well in advance.
7-8-4
Leave eligible Employees with a contract less than 225 days receive five (5) annual days of paid Vacation Leave (four (4) days of traditional Vacation Leave, and one (1) additional day in valuation of a healthy work-life balance and recognition of responsibilities that may extend beyond a traditional work day).
Vacation Leave must be used each year by June 30, or up to three (3) days of unused Vacation Leave may be carried over to the next year, until a maximum of eleven (11) days has been accrued.
7-8-5
Leave eligible Employees with a 225 to 260-day contract receive fifteen (15) days of annual paid Vacation Leave (fourteen (14) days of traditional Vacation Leave, and one (1) additional day in valuation of a healthy work-life balance and recognition of responsibilities that may extend beyond a traditional work day).
Vacation Leave must be used each year by June 30, or up to three (3) days of unused Vacation Leave may be carried over to the next year, until a maximum of eighteen (18) days has been accrued.
7-8-6
No reimbursement is given for unused days of Vacation Leave.
7-9 Paid Holidays
7-9-1
Beginning July 1, 2019, leave eligible Employees with a 260-day contract are away from their jobs on the following ten (10) national and state holidays:
▪ New Year’s Day
▪ Presidents Day
▪ Human Rights Day
▪ Memorial Day
▪ Independence Day
▪ Pioneer Day
▪ Labor Day
▪ Thanksgiving Day
▪ Christmas Day, plus one additional day during the District’s scheduled Christmas Break
7-9-1-1
A recognized holiday that falls on a Saturday will be observed on the preceding Friday [See UT Code 63G-1-301(1)]. A recognized holiday that falls on a Sunday will be observed on the following Monday [See UT Code 63G-1-301(1)(b)].
7-9-2
Beginning July 1, 2019, the following days are no longer paid holidays:
▪ Thanksgiving Break (two days)
▪ Spring Break (five days) 7-9-2-1 Leave eligible Employees who were hired prior to July 1, 2019, and who previously received holiday pay for the seven (7) days identified in §7-9-2, shall receive additional compensation for working these days. Compensation will be based on each Employee’s respective hourly wage. Beginning July 1, 2019, any time away from work on these days shall be reported as leave provided in Article 7.
7-9-3
Employees with a 260-day contract work the District’s scheduled Fall Break, unless an Employee utilizes leave as provided in Article 7.
7-10 Jury Duty
7-10-1
An Employee 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 Employee is leave eligible and remits his/her jury duty payment to the District. If the Employee accepts payment for jury duty service, the Employee must report personal, or vacation leave for each day of compensated jury duty service.
7-11 Absence Beyond Available Leave
7-11-1
Absence Beyond Available Leave is only to be taken when vacation leave is exhausted.
7-11-2
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.
7-11-3
The utilization of Absence Beyond Available Leave requires the following:
7-11-3-1
If the Employee has an accrued sick leave balance, two (2) days of sick leave will be converted to one (1) day of additional vacation leave.
7-11-3-2
If the Employee’s request for Absence Beyond Available Leave exhausts all categories of accrued leave, the absence is without pay and the Employee’s daily rate of pay and equivalent insurance premiums are deducted from the salary.
7-11-4
Absence Beyond Available Leave may be addressed through corrective discipline
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