1330 - Employee Leave
Benefits Washington County School District - Negotiated and adopted 9-98; Revised 12-8-98; Neg. revised 10-25-01; Neg. revised 5-13-04; 5-8-07; 5-22-08; 9-9-08; 11-11-08; 12-9-08; 1-12-10; 6-12-12; Revised 6-13-17.
Attendance is an essential function and expected function of all District employees. This policy and procedure is established to provide for reasonable allowance for occasional absence, vacation, or personal leave. FMLA and sick leave is governed by District Policy 1332.
It is the policy of the Washington County School District to provide the opportunity for appropriate and reasonable leave in accordance with the procedures of the District and applicable legal entitlements.
Whenever teachers or other school employees are going to be absent, they are to notify their principal as soon as possible so that appropriate substitute arrangements can be made (See Substitute Teachers Policy - Page 1100.3.2)
3.1. Applies to all employees:
22.214.171.124. The District Superintendent, or designee, shall authorize all trips involving out-of-District travel (on school days) by school employees or official school groups.
126.96.36.199. Any employee or group expecting reimbursement of travel expense must have approval of district office prior to incurring of said expenses.
3.1.2. Elective Offices: Any employee of the Washington County School District desiring to run for an elective office will not be discouraged in doing so by the Board. To the extent such duties do not interfere with the employee's regular school assignment, such employee may be granted a leave of absence without pay for the time required to perform elective office duties.
3.1.3. Jury Duty: URS benefit eligible employees compelled to serve on jury duty or testify under a court-ordered subpoena during contract time may receive "jury duty leave" for the required absence. Other than remittances for mileage, food, and lodging, all stipends or compensation received for service and time obligations must be submitted to the District Payroll Department before jury duty leave is granted.
3.1.4. 12-Month Period for FMLA. For the purposes of FMLA, the District's "12-month period" is a "rolling" 12-month period measured backward from the date an employee uses any FMLA leave.
3.1.5. School District employees may be excused to participate in funerals and civic responsibilities as approved by the Superintendent.
3.2. Leaves of Absence-Certified Employees- Approved 8-79 (Revised 6-17-97 Negotiated)
3.2.1. Personal Privilege Leave, eligibility is limited to licensed educators eligible to participate in the Utah State Retirement System as defined by the Utah Code and URS regulations:
188.8.131.52. First-year teachers (certificated employees in the District) will be allowed two days (Neg. 5-22-08) of personal leave each year, with a payroll deduction at the current standard District substitute teacher rate. Beginning with the second year in the District, teachers (certificated employees) will be allowed two days of personal leave at no cost; and two days with a payroll deduction (Neg. 5-22-08; 6-12-12) at the current standard District substitute teacher rate. Any subsequent days will be deducted at full loss of pay. (Neg. 5-14-96) If the no-cost personal leave days are not used in a contract year, a certified employee may carry over the no-cost days for use in a subsequent contract year. (Neg. 10-25-01) No more than two no-cost days may be cumulatively carried over from one year to the next. (Neg. 5-13-04; 6-12-12)
184.108.40.206. Leave will be granted to certified personnel to accompany their dependent children and/or spouse who are participating in post-season region or state events, sponsored by the Utah High School Activities Association. When such leave is granted, employees will be responsible for paying the substitute through payroll deduction. (Neg. 7-14-92) Limit to two days per eligible employee per year. (Neg. 1-12-10) Policy does not apply to part-time employees.
220.127.116.11. Personal privilege leave as described in Section 1 above has the following limits. It shall not be used to:
18.104.22.168.1. During the first week or the last week of the school year. (Only in the case of extreme emergency will exceptions be granted.)
22.214.171.124.2. For any meeting, workshop or travel which is intended to promote financial gain, or venture in an occupation or position outside the activities of the professional assignment in the Washington County School District.
126.96.36.199.3. Procedure--Persons desiring personal leave shall complete the Personal Privilege Leave form and submit it to their principal at least three (3) days prior to the desired date of use. (In emergency situations, they may use a shorter period of time.) Extenuating circumstances beyond the policy provisions are to be requested in writing to the Superintendent for consideration. (Neg. 7-11-96) Principals shall ascertain that the request meets the guidelines in 1 and 2 above, and, if so, grant approval.
3.2.2. Professional Leave
188.8.131.52. Whenever a school employee is directed to attend any educational meetings or conferences, no deduction shall be made in the employee's salary for absence from school for attending such meeting and the employee shall not be required to pay the salary of the substitute.
3.2.3. Repealed and Reserved (The District will no longer fund Sabbatical Leave):
3.2.4. RESERVED. Replaced with Policy 1332.
3.2.5. Military Leave: Military leave and benefits shall be governed by applicable state and federal statutes to include the Military Family Leave provisions under the Family and Medical Leave Act. Reference District Policy 1332 for additional information.
3.2.6. Regular Leave Of Absence
184.108.40.206. Eligibility: Four years teaching experience in the Washington County School District immediately prior to applying for the regular leave of absence. (Neg. 06/12/91) Part-time employees do not qualify for this benefit. (09/08/92)
220.127.116.11. The Board of Education may authorize a regular leave of absence for administrative or teaching personnel when it deems such leave to be reasonable and for good cause, and not detrimental to education within the District. A leave of absence will not be approved for educators who accept employment as an educator in another district, charter, or private school. Accepting such employment will disqualify the employee from continuing a leave of absence already granted. Exceptions may be considered if the educator must relocate outside of Washington County to accompany a spouse on a military assignment or for other compelling reasons as determined by the Board of Education.
18.104.22.168. Regular leaves of absence shall be limited to a period not to exceed one year. Depending on availability, the employee may or may not be given the same assignment he/she had prior to going on leave.
22.214.171.124. Regular leaves of absence may be granted upon application to the Superintendent (through the principal) stating the purpose of the leave of absence, the facts as to its necessity or advisability, and other information helpful to the Board in making a determination as to whether the leave should be granted. In order to receive consideration, applications must be submitted by January 31 of the year preceding the leave. (Neg. 4-20-99)
126.96.36.199. Reserve. (2-8-05)
188.8.131.52. If a leave of absence is granted, retirement, accrued leave, position on the salary schedule, and other benefits provided by the school district, will be preserved and available to the employee upon return to regular employment. (6-17-97 Neg)
184.108.40.206. Individuals on leave of absence must complete a notice of intent to return by January 31 of each year. (Neg. 4-20-99)
3.2.8. Extended Leave of Absence (ELOA) (12-9-08)
220.127.116.11. Eligibility: To be eligible for ELOA, employees must complete at least eight years of uninterrupted full-time District service. Service is designated "interrupted" by the occurrence of any break in service, termination, resignation, retirement, regular leave of absence, sabbatical leave, or any other extended absence using paid or unpaid leave of more than 45 consecutive days.
18.104.22.168. Application: Applications must be submitted to the HR Department by January 31 of the year preceding the leave.
22.214.171.124. The Board of Education may authorize an ELOA when it deems such leave to be reasonable and not detrimental to education within the District.
126.96.36.199. Duration: ELOA will not exceed three years.
188.8.131.52. Return Placement: Individuals returning from an ELOA have placement rights to an available vacant position for which they are fully qualified and at no higher salary than the pay/grade the employee had entitlements to when placed on ELOA. If a vacant position is not immediately available upon return from an ELOA the employee will remain in unpaid "leave-of-absence" status until a position vacancy becomes available or, at the employee's option, if fully qualified the employee may accept a reduction in pay for placement into a lower pay/grade level vacancy pending identification of a position at the full placement level. If a vacancy is not available or if the employee elects to remain in unpaid status until a vacancy at the full placement level is available, the leave of absence may be extended up to two additional years.
184.108.40.206. Salary and Benefits: An employee returning from an ELOA will be placed on the lane and step that she/he was entitled to receive at the time she/he entered ELOA status. Employees are not eligible for District benefits, step increase, lane change, or any other District entitlements while in ELOA status.
220.127.116.11. The District must have adequate notice and time to plan for and identify a placement vacancy for a returning ELOA employee. ELOA employees must provide written notice to the District Human Resource Manager no earlier than nine months and no later than six months prior to their projected return. If a return is projected at the beginning of the school year their written notice of intent to return must be dated on or before January 31 of the year in which they are scheduled to return from ELOA. Failure to provide timely notice shall result in forfeiture of all District placement entitlements.
3.3. Classified Leave - Approved 8-79 (Revised 8-10-93) (Revised 7-9-97 Negotiated)
3.3.1. Personal Leave
18.104.22.168. Employees who qualify for and are eligible to participate in the Utah State Retirement System with two or more years of service in the District will be allowed two days per year of personal leave at no cost to them and one day (Neg. 05-10-06; 6-12-12) at the cost of a substitute, not to exceed the established District substitute teacher daily rate, whether a substitute is used or not. The District will calculate a part-time employee "day" according to the employee's part-time contract (i.e. a 4-hour per day employee will be allowed 4 hours of personal leave as a "day" for purposes of determining amount or accrual of leave under this paragraph). If one or both no-cost personal leave days are not used in a contract year, an eligible classified employee may carry over a maximum of two no-cost days for use in the following contract year. (Neg. 10-25-01; Neg. 6-3-08; Neg. 6-12-12)
22.214.171.124. Reserved. (2-5-05)
3.3.2. RESERVED. Sick leave replaced with Policy 1332.
3.3.3. Classified military leave and benefits shall be governed by applicable state and federal statutes to include the Military Family Leave provisions under the Family and Medical Leave Act. Reference District Policy 1332 for additional information.
126.96.36.199. The School District policy relative to employees who are involved in part-time military service is as follows:
188.8.131.52.1. If an employee is on a 12-month contract and qualifies for earned vacation time, the employee shall take the earned vacation time as military leave. If the employee is required to be gone longer than the earned vacation, then his/her earned personal leave may be used for this purpose. Any days off of the job over and above earned vacation and personal leave time, the employee will be paid by the School District in accordance with provision 3 below.
184.108.40.206.2. Employees on a 9-month contract who are obligated to be away from their School District job for military service may deduct it from their earned personal leave -- also see provision 1 above.
220.127.116.11.3. If employees are obligated to be gone for military service on a part-time basis longer than the above two provisions allow, they will have the daily amount they earn from their military service deducted from their daily School District pay, up to a maximum of 5 days. Any time beyond the provision of the above policy shall be at full deduction of School District pay.
3.3.4. Vacation Leave -Approved 8-79; Revised 11-08
18.104.22.168. Twelve-month employees eligible for 100% District paid health insurance benefits in accordance with District Policy 122.214.171.124, during years of District service 1-10 shall be entitled to 12 days of vacation (accrued at a rate of one day per month). Similarly qualified, twelve-month employees with 10 or more years of continuous (12-month, qualifying) District service shall be entitled to an additional three (3) days of vacation time beginning the 11th year (accrued at a rate of 1.25 days per month), provided such additional days are scheduled at a time when substitute support is not required. (Neg. 4-20-99) Twelve-month employees entitled to vacation under this paragraph are not eligible for personal leave, under paragraph 3.3.1. (Neg. 10-25-01) For the purposes of this paragraph one day of vacation will equate to no more than 8 hours.
126.96.36.199. On September 1st (9-9-08), any accumulated vacation days in excess of 30 will not carry over for the next contract year. (5-8-07) Unused vacation time will not be compensated. (2-8-05) Vacation schedules are to be approved by the supervisor or principal in advance. (5-26-06)
188.8.131.52. FLSA exempt employees assigned to an Exempt Salary Schedule who are contracted to work 243 days will receive an additional six (6) days of vacation per year. (5-8-07)
3.3.5. Leave of Absence Without Pay.
184.108.40.206 Eligibility for this benefit only applies to employees who work 227 days or more (excluding 12-month employees who receive paid vacation days) (Negotiated 7-1-97)
220.127.116.11 Eligible employees shall not be granted more than 15 days leave of absence without pay in any three-year period. Five additional days are allowed if contract employees can work those days at a regular rate of pay. (Negotiated 7-1-97) No more than 10 days shall be allowed in any one year. (Negotiated 7-2-96)