409 LICENSED EMPLOYEE VACATIONS AND LEAVES OF ABSENCE

409.1 LICENSED EMPLOYEE VACATION - HOLIDAYS - PERSONAL LEAVE

Original Adopted Date: 6-9-97                                          Last Revised Date: 6-9-03                                        Last Reviewed Date: 8-22-22

The board will determine the amount of vacation, holidays, and personal leave that will be allowed on an annual basis for licensed employees.

It shall be the responsibility of the superintendent to make a recommendation to the board annually on vacations, holidays, and personal leave for licensed employees.

The requirements stated in the Master Agreement/Staff Handbook between employees in that certified collective bargaining unit and the board regarding the vacations, holidays and personal leave of such employees shall be followed.

 

Legal Reference:          Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (2013).

Cross Reference:         414.1   Classified Employee Vacations - Holidays - Personal Leave

                                    601.1    School Calendar

409.2 LICENSED EMPLOYEE PERSONAL ILLNESS LEAVE

Original Adopted Date: 12-11-95                                          Last Revised Date: 8-22-22                                        Last Reviewed Date: 11-28-16

Licensed employees will be granted eleven days of sick leave in their first year of employment.  Each year thereafter, one additional day of sick leave will be granted to the licensed employees up to a maximum of sixteen days.  "Day" is defined as one work day regardless of full-time or part-time status of the employee.  A new employee will report for work at least one full work day prior to receiving sick leave benefits.  A returning employee will be granted the appropriate number of days at the beginning of each fiscal year.  Sick leave may be accumulated up to a maximum of 130 days for licensed employees.

Evidence may be required regarding the mental or physical health of the employee when the administration has a concern about the employee's health.  Evidence may also be required to confirm the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the employee's position.  It is within the discretion of the board or the superintendent to determine the type and amount of evidence necessary.  When an illness leave will be greater than three consecutive days, the employee will comply with the board policy regarding family and medical leave.

The requirements stated in the Master Agreement/Staff Handbook between employees in that certified collective bargaining unit and the board regarding the personal illness leave of such employees shall be followed.  In the event of an emergency or unforeseen circumstance, the superintendent may authorize additional paid leave. 

If an employee is eligible to receive workers’ compensation benefits, the employee shall contact human resources to implement these benefits.

Legal Reference:      29 U.S.C. §§ 2601 et seq.

                                  29 C.F.R. Pt. 825

                                  Iowa Code §§ 20; 85; 216; 279.40.

                                  Whitney v Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394

                                    (1942).

Cross Reference:      403.2    Employee Injury on the Job

                                  409.3    Licensed Employee Family and Medical Leave

                                  409.8    Licensed Employee Unpaid Leave

409.3 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE

Original Adopted Date: 2-28-94                                          Last Revised Date: 4-10-00                                        Last Reviewed Date: 8-22-22

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, a year is defined as a “rolling” 12-month period measured forward from the first-day leave is used, or measured backward from the date leave is used.  Requests for family and medical leave shall be made to the superintendent.

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.  It shall be the responsibility of the superintendent to develop administrative rules to implement this policy.

 Legal Reference:        Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).

                                    29 U.S.C. §§ 2601 et seq. (2012)

                                    29 C.F.R. Pt. 825 (2012).

                                    Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2013).

                                    1980 Op. Att'y Gen. 605.

                                    1972 Op. Att'y Gen. 177, 353.

                                    1952 Op. Att'y Gen. 91.

Cross Reference:        409.2   Licensed Employee Personal Illness Leave

                                    409.8   Licensed Employee Unpaid Leave

                                    414.3   Classified Employee Family and Medical Leave

409.4 LICENSED EMPLOYEE BEREAVEMENT LEAVE

 

Original Adopted Date: 6-9-97                                          Last Revised Date: 8-22-22                                        Last Reviewed Date: 11-258-16

In the event of a death of a member of a licensed employee's immediate family, bereavement leave may be granted.  Bereavement leave may be granted to a licensed employee for no more than 5 days, with "day" being defined as one work day regardless of full-time or part-time status of the employee, per occurrence, for the death of a member of the immediate family.  The immediate family includes child, spouse, parent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchild, stepchild, step grandchild, grandparent or any member of the immediate household of the employee.

No more than 1 day of bereavement leave per year will be granted for the death of a close friend or other relative not listed above.

It is within the discretion of the superintendent to determine the number of bereavement leave days to be granted.

The requirements stated in the Master Agreement/Staff Handbook between employees in that certified collective bargaining unit and the board regarding the bereavement leave of such employees shall be followed.

 

 

Legal Reference:          Iowa Code §§ 20.9; 279.8 (2013).

Cross Reference:         409      Licensed Employee Vacations and Leaves of Absence

409.5 LICENSED EMPLOYEE POLITICAL LEAVE

Original Adopted Date: 6-30-97                                          Last Revised Date:                                               Last Reviewed Date: 8-22-22

The board will provide a leave of absence to licensed employees to run for elective public office.  The superintendent shall grant a licensed employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The licensed employee shall 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 at least thirty days prior to the starting date of the requested leave.

 

Legal Reference:          Iowa Code ch. 55 (2013).

Cross Reference:         401.9   Employee Political Activity

                                     409      Licensed Employee Vacations and Leaves of Absence

409.6 LICENSED EMPLOYEE JURY DUTY LEAVE

Original Adopted Date: 6-30-97                                          Last Revised Date:                                               Last Reviewed Date: 8-22-22

The board shall allow licensed 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 shall 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 shall 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.

 

Legal Reference:          Iowa Code §§ 20.9; 607A (2013).

Cross Reference:         409      Licensed Employee Vacations and Leaves of Absence

409.7 LICENSED EMPLOYEE MILITARY SERVICE LEAVE

Original Adopted Date: 6-30-97                                          Last Revised Date: 6-9-03                                        Last Reviewed Date: 8-22-22

 

The board recognizes licensed employees may be called to participate in the armed forces, including the national guard.  If a licensed employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.

The leave is without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

 

Legal Reference:          Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

                                    Iowa Code §§ 20; 29A.28 (2013).

Cross Reference:         409      Licensed Employee Vacations and Leaves of Absence

409.8 LICENSED EMPLOYEE UNPAID LEAVE

Original Adopted Date: 6-30-97                                          Last Revised Date: 8-22-22                                        Last Reviewed Date: 11-28-16

 

Unpaid leave may be used to excuse an involuntary absence not provided for in this or other leave policies of the board. Unpaid leave for licensed employees must be authorized by the superintendent.

The superintendent shall have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent shall consider the effect of the employee's absence on the education program and school district operations, length of service, previous record of absence, the financial condition of the school district, the reason for the requested absence and other factors the superintendent believes are relevant to making this determination.

If unpaid leave is granted, the duration of the leave period shall be coordinated with the scheduling of the education program whenever possible to minimize the disruption of the education program and school district operations.

Whenever possible, licensed employees shall make a written request for unpaid leave 10 days prior to the beginning date of the requested leave. If the leave is granted, the deductions in salary are made unless they are waived specifically by the superintendent.

The requirements stated in the Master Agreement/Staff Handbook between employees in that certified collective bargaining unit and the board regarding the unpaid leave of such employees shall be followed.

 

Legal Reference:          Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B (2013).

Cross Reference:         409      Licensed Employee Vacations and Leaves of Absence