Version 12.0
July 2010

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Acknowledgment Form

LEAVES AND ABSENCES

• Local Sick Leave

• Local Sick Leave Buy Back

• State Sick Leave

• State Personal Leave

• Eligibility

• Accumulation of State Personal Leave

• Certification of Illness

• Recording Sick Leave

• Chart Showing Possible Accumulated Days

• Examples of Buy Back Scenarios

• IISD Sick Leave Bank

• Extended Local Sick Leave

• Eligibility and Enrollment Period

• Anticipated Long-Term Absence

• Family & Medical Leave Act

Local Sick Leave

The District provides additional sick leave beyond the state minimum leave program. Days accumulated or used under the state and local leave policy shall be accumulated and used as provided in Board Policy DEC Local.

An employee's entitlement to sick leave is unaffected by any concurrent eligibility for a leave of absence for temporary disability.  The two types of leave are different, and each must be granted by its own terms.

In combination with state minimum personal leave, the District grants local sick leave sufficient to provide employees with one day of leave for each month of employment in a contract or work year.

    10 mo. position – less than 202 workdays    -  5 local days

    11 mo. employee – 202-224 workdays         -   6 Local days

    12 mo. employee – more than 224 workdays -  7 Local days

 Local sick leave may be used for the same reasons as state sick leave and for illness or death in the extended family which includes aunt, uncle, niece and nephew.

All personnel absent from duty because of any reason listed above shall be charged sick leave as used even if a substitute is not employed.

Local Sick Leave Buy Back

Guidelines for Sick Leave Buy Back Plan

1. The plan applies equally to all qualified employees of Irving ISD at the time they retire under provisions of TRS.

2. The time of retirement is defined as that one point in time when the employee initiates annuity payments from their TRS account.

3. A retiring employee may sell back to the District all local sick leave days that remain unused and that have been earned and accumulated after October 4, 1999.

4. To be eligible to sell local sick leave back to the District, the employee must have a balance of at least fifteen (15) state personal leave days when they retire.

5. The price at which the days are purchased are determined each year as the school district budget is approved.  For current year, the rate is set at $100.00 per day.

6. Days earned before the plan was approved will be used, as needed, before the days earned after the plan was approved allowing employees to accumulate the maximum number of days eligible to be sold back before retirement.

State Sick Leave

Prior to 1995-96 employees may have accumulated state sick leave.  Accumulated state sick leave may be used for the following reasons:

1.  The employee's personal illness;

2.  Illness in the employee's immediate family;

3.  Death in the employee's immediate family;

4.  A family emergency.

"Immediate family" includes the following:

1.  husband or wife;

2.  son, son-in-law, stepson;

3.  daughter, daughter-in-law, stepdaughter;

4.  father, father-in-law, stepfather;

5.  mother, mother-in-law, stepmother;

6.  brother, brother-in-law, stepbrother

7.  sister, sister-in-law; stepsister;

8.  grandparents, grandchildren; and,

9.  any person who may be residing in the covered professional employee's household at the time of illness or death.

"Family emergency" shall be limited to natural disaster and life-threatening situations involving the covered professional employee or a member of the employee's immediate family.

State Personal Leave

A state minimum personal leave program consisting of five (5) days per year, with no limit on accumulation and no restrictions on transfer among districts, shall be provided for the District's employees.  State personal leave may be used at times as established in board policy DEC Local.

Eligibility

All persons absent from duty due to one of the above mentioned approved reasons shall be charged leave as used even if a substitute is not employed in the teacher's absence.

Accumulation of State Personal Leave

Personnel employed 100% of the day shall earn state personal leave at the rate of one-half day for each eighteen (18) days of employment.  Not more than five (5) days shall be earned in any one school year.  Personnel employed less than 100% of the day, but at least 50% of the day, shall earn personal leave at the rate of one-half day for each thirty-six (36) days of employment.  Not more than two and one-half days shall be earned in any one school year.

Certification of Illness

Certification of illness or inability to report for duty by a doctor who is duly registered and licensed under the Medical Practice Act of Texas, a licensed doctor of dentistry, a licensed chiropractor, or a licensed podiatrist shall be required for illness in excess of five consecutive workdays' duration.  Provided, however, an employee who is a member of the Christian Science Church may have his/her inability to report for duty attested to by a Christian Science Practitioner.  (See DOL Certification of Healthcare Provider)

For family illness, certification of illness from the family member's physician will be required for absences in excess of three (3) consecutive days.

Approved leave for death in the immediate family shall be limited to not more than five (5) workdays for each occurrence.  The term "immediate family" applies to those addressed on the preceding page.  Any of the relationships may be either by consanguinity or affinity.

Recording Sick Leave

Sick leave earned or used is recorded in half days and whole days normally, but may be recorded in one third day units for workers compensation use.

Chart Showing Possible Accumulated Days

The following chart shows some possible future accumulations of days that are eligible to be sold back for employees in three different groups, ten-month employees, eleven-month employees, and twelve-month employees.

                                 10-Month      11-Month    12-Month
                                 Employee      Employee    Employee

                                  Less than        202-224          224 +
                               202 workdays   workdays     workdays

Examples of Buy Back Scenarios

IISD Sick Leave Bank

The board authorizes the establishment of a Sick Leave Bank with membership available to all full-time employees on a voluntary basis.  The purpose of the Sick Leave Bank is to provide sick leave to contributors to the Bank in the event of extended illness, unexpected surgery or temporary disability due to an injury.  This source of sick leave is available only to Bank members and only after a member's accumulated state and local sick leave have been exhausted.

The superintendent or his designee(s) shall develop the administrative regulations concerning membership, contribution or usage of days, procedures for applying for sick leave days from the Bank, the methods for selection of the governing committee of the Bank, the term of office for the committee members, the duties and responsibilities of the governing committee, and all other procedures and operations of the Bank as he may deem necessary for the Bank to function with regard to the Sick Leave Bank.

Extended Local Sick Leave

The superintendent or his designee may, at his discretion, grant up to ten (10) days maximum extended local sick leave, when in his judgment after consultation with the District's medical consultant and/or with a physician who has performed a current thorough medical examination of the employee, the employee's condition is interfering with the employee's performance of regularly assigned duties.  The employee must make a written request to the superintendent for such extended leave and such request must be accompanied with a signed SLB & ELL Application of that employee.  Also, the following conditions must be met prior to applying for extended local sick leave days:

1. All accumulated state sick leave has been used;

2. All accumulated local sick leave has been used;

3. The employee is a member of the IISD Sick Leave Bank and has applied for days from that source.

In the event extended local sick leave is granted, the cost of a substitute, whether or not a substitute is used, shall be deducted for each day granted according to the board adopted substitute employee salary schedule.

The superintendent reserves the right to study each case on its individual merit and at his discretion may recommend that the Board of Trustees give special consideration to employees with extenuating circumstances.

Eligibility and Enrollment Period

All full-time employees of the IISD are eligible to join the IISD Sick Leave Bank.  The enrollment period for current employees and new employees hired prior to the opening of the school year shall be July 1 through September 30.  New contractual personnel employed after the enrollment period are eligible to join as soon as they begin work.  Such personnel must join within thirty (30) days of beginning employment.  If none are available on your campus, membership forms may be obtained from the Risk Management Department 972-600-5418.

All non-contractual personnel (classified and auxiliary), to be eligible for membership, shall have been employed ninety (90) calendar days prior to membership.  All new personnel employed after the July 1 - September 30 enrollment period must be able to earn at least three days of local sick leave during the current school year to be eligible for membership.

Any employee who is eligible to join the Sick Leave Bank may do so by contributing three (3) days of accrued or anticipated local sick leave.

Anticipated Long-Term Absence

Employees anticipating a future long term absence should in timely manner inform their immediate supervisor and the Benefits Coordinator of this need.  The Request for Lengthy Leave Form should be completed by the employee and sent to the Benefits Coordinator as early in the school year as possible.  Timely notice of this need better affords the District ample time to provide an adequate substitute for the regular employee who had need to take a lengthy absence.

Family & Medical Leave Act

Employees of Irving ISD are eligible for the benefits of the Family & Medical Leave Act.  This act provides for up to twelve weeks of unpaid leave for eligible employees per year for the following reasons:

• The Birth, adoption, or foster placement of a child

• To care for a spouse, parent, or child with a serious health condition

• An employee’s serious health condition

Please contact the Benefits Office for more information on eligibility and benefits.