Leave Policy - Full

The continuous presence of employees promotes excellence in the instructional program by ensuring the following:

The uninterrupted continuity of education
Greater teacher-student contact time
Appropriate role-model emulation
Consistent classroom discipline
Reduced cost

Therefore, the Board expects employees to come to work every day. The Board recognizes, however, that certain absences are unavoidable. At such times, employees should take leave in accordance with this policy.

Annual Leave

The district will grant annual leave to all full-time employees (30 hours and above worked per week) of this district (excluding substitute personnel and temporary summer employees) under the following guidelines for the various employment periods: one and one-fourth days of leave for each month of active service during the district’s fiscal year (e.g. nine-month 185 or 190-day employees will receive 12 days annually; ten-month employees will receive 13 days annually; eleven-month employees will receive 14 days annually; twelve-month employees will receive 15 days annually) at no reduction in salary. The term annual leave, as used in this policy and accompanying regulations, is synonymous with the term sick leave as used in relevant state law.

The district will grant annual leave to part-time employees working 20-29 hours per week based on the employee’s FTE (full-time equivalent) multiplied by the number of annual days issued to employees with the same number of contract days. For example, if a part-time employee works 20 hours per week with an FTE of .5 and the employee has a 190-day contract, the employee would receive 6 annual leave days per year. Part-time employees working less than 20 hours per week will not receive annual leave.

Annual leave may be taken for reasons deemed important by the employee with approval of the immediate supervisor (e.g. personal business, death or illness in the family, personal sickness, etc.). The employee may appeal the decision of the immediate supervisor to the associate superintendent and then to the superintendent. The superintendent’s decision will be final.

Annual leave for the year will be granted on the second day that the employee reports for work of each fiscal year (July 1 through June 30).

Cumulative Leave

Annual leave days not used during a school year will be classified as cumulative leave and may accrue to a maximum number of days equal to the number a person is employed during a school fiscal year (July 1 – June 30), excluding the current year’s allocation of annual leave.

Employees must first use their annual leave. After exhausting annual leave, employees may then use accrued cumulative leave as set forth below. Employees may use 20 percent of the cumulative leave days, up to a maximum of 10 days (which is called accumulated leave) within a school year as annual leave, with their immediate supervisor’s approval. The remaining 80% (cumulative days) may only be used for illness of the employee, provided the employee provides a physician’s statement verifying the need to use cumulative leave for the employee’s personal illness.

An employee who will be absent more than 20 consecutive days for medical reasons including for the birth of a child, must notify his/her immediate supervisor and the superintendent in writing as soon as the medical need has been determined. The written notice and request for leave must include a statement from the employee’s physician indicating the anticipated time and duration of the medical need and the approximate date the employee will be able to return to work. The beginning and ending dates of such leave will be determined by the individual and the administration.

The employee’s position will be held for him/her up to the ninety-first day of absence or within the accumulated leave total, whichever is greater. After such days of continuous absences, the employment relationship will be subject to immediate termination.

No leave (annual, cumulative or accumulated) will be granted on the day before a holiday or the day following a holiday, nor will leave be granted during the first or last week of school without the consent of the employee’s immediate supervisor.

All leave within the above guidelines will be with no reduction in salary. Leave in excess of or leave not covered by the guidelines will result in loss of a full day’s pay for each absence.

When annual, cumulative, and accumulated leave entitlements are exhausted, employees may request disability leave without pay for a period concluding not later than either the first day of the school year, or the first day of a semester, following the date they became eligible to return whichever is sooner. The request for disability leave must be in writing to the superintendent. Employees wishing to return from disability leave will be given first consideration to fill vacancies for which they are qualified.

Any employee returning from disability leave may be asked by the superintendent to present a doctor’s statement or other proof of physical fitness for carrying out the essential functions of the position.

Individuals who leave their employment in Anderson County School District One in order to continue their education or training and then later return to employment in the district within two years will be credited with previously accumulated unused leave days within the limits of this policy provided they did not enter other full-time regular employment prior to returning to this district.

Bonus for Unused Leave at Retirement

Upon separation of employment with the district or retirement, including entrance into the TERI retirement program, employees will be paid a bonus of $20 for each day of combined unused annual, accumulated, and cumulative leave in excess of 90 days. Employees who have worked in Anderson District One for 20 years or more will receive a bonus of $30 for each day of combined unused annual and cumulative leave in excess of 90 days. The first 90 days are sent to the SCRS for additional service credit. 90 Days = 4.5 months of additional service credit.

Retirees that are due a Leave Payout will receive a Leave Payout Worksheet that must be signed and returned before payment will be made. For all summer retirees (May-August) Leave Payout Worksheets will not be sent until late September and should be returned by October 12th to be paid in the month of October.

No employee will receive payment for more than the number of days he/she was employed during the fiscal year he/she received a bonus for unused annual, accumulated, and cumulative leave from Anderson School District One during his/her lifetime. For example, if a 190-day employee retires and then enters the TERI retirement program and receives payment for 100 days of unused leave, upon entrance into the TERI program, he/she will continue to accrue annual leave pursuant to district policy. However, the employee will receive no additional payment for annual leave not used during the employee’s participation in the TERI retirement program. Similarly, if a 190-day employee who received payment for 100 days of unused annual accumulated and cumulative leave returned to work for the district at a later date, the employee would receive no additional payment for annual leave not used during the employee’s subsequent employment with the district.

Leave for Retired Employees Rehired by the District on an “At-Will” Basis

Retired employees rehired to work with the district on an at-will basis will begin their employment with no annual, accumulated or cumulative leave. A retired employee will earn annual leave at the same rate as other employees during the course of their employment. However, annual leave days not used at the conclusion of each school year will be lost and, therefore, cannot be accumulated

Termination

The district may terminate the employment of any employee who fails to comply with the requirements of this policy or who fails to report to work at the expiration of authorized leave or who fails to obtain an extension of leave.

An employee is subject to termination from employment with the district for misstatements of fact and/or misrepresentations of purpose for which leave of absence is desired or on the basis of which sick leave is obtained.

The district will not terminate from employment those employees under this policy who have accrued sick leave and who are using it in compliance with this policy. The district must not terminate from employment any such employee during a continuing sick leave of less than 91 workdays.

Transfer of Sick Annual/Accumulated/Cumulative Leave

An employee of a state agency transferring to any school district in the state or a school district employee transferring to a state agency may transfer to and retain all statutorily eligible annual/accumulated/cumulative leave he/she accumulated at his/her former place of employment.

Maternity Leave

A pregnant employee is eligible for extended illness leave. Any pregnant employee may take up to twelve weeks of unpaid leave, pursuant to the Family Medical Leave Act, for the birth of a child. While on leave for the birth of a child, any pregnant employee may receive pay for up to six weeks total, or thirty work days, of accrued annual, cumulative and accumulated leave, provided the employee submits a medical statement verifying the need for six weeks of leave.

A pregnant employee may also receive pay for additional accrued annual, cumulative, and accumulated leave if a physician verified that a medical need for such extra leave exists.

Family and Medical Leave Act of 1993

FMLA requires employers with more than 50 employees in a 75 mile radius to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons. Employees are eligible if they have worked for the employer for at least one year and if they have worked more that 1,250 hours in the previous 12 months.

Unpaid leave must be granted in the following three situations:

To care for the employee’s child after birth, or placement for adoption or foster care
To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition
For a serious health condition that makes the employee unable to perform the employee’s job. At the employee’s or employer’s option, certain kinds of paid leave may be substituted for unpaid leave

Advance Notice and Medical Certification

An employee will be required to provide advance leave notice and medical certification.
Taking of leave may be denied if requirements are not met.
An employee requesting FMLA should contact his/her supervisor and the Personnel Office for the appropriate forms.
FMLA leave days run concurrently with accumulated leave days.
An employee ordinarily must provide 30 days advance notice when the leave is “foreseeable.”
An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer’s expense) and a fitness for duty report to return to work.

Job Benefits and Protection

For the duration of FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan.”
Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of any employee’s leave.

FMLA makes it unlawful for any employer to:

Interfere with, restrain, or deny the exercise of any right provided under the FMLA;
Discharge or discriminate against a person for opposing a practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

Legal Absence

Employees should notify their principal or immediate supervisor as soon as they know they are being called to jury duty or have been subpoenaed. An employee should submit a copy of a jury duty summons or subpoena to his/her principal or immediate supervisor. The district will grant the employee’s leave without loss of pay when he/she is subpoenaed in the line of duty to represent the district as a witness or defendant. Any jury or travel pay will be maintained by the employee. If an employee must appear in court for any reason other than the above, the district will generally deduct substitute or full pay from his/her salary or, if eligible, annual/accumulated leave days. The district encourages school employees selected for jury service during the school term to request that their service be postponed to a date that does not conflict with school responsibilities.

Military Leave

Employees may take military leave without loss of pay, seniority, or efficiency rating for one or more periods not exceeding a total of 15 workdays in one year. Saturdays, Sundays, and state holidays may not be included in this 15 days unless the Saturday, Sunday, or holiday is a regularly scheduled workday for the employee.

This leave may be taken when the employee is engaged in training or other duties ordered by the governor, the department of defense, the department of the army, the department of the air force, the department of the navy, the department of the treasury, or any other department or agency of the government of the United States have authority to issue lawful orders requiring military service. This leave applies to employees who are either enlisted or commissioned members of the South Carolina National Guard, the United States Army Reserve, the United States Air Force Reserve, the United States Naval Reserve, The United States Marine Corps Reserve or the United States Coast Guard Reserve.

In the event an employee is called upon to serve during an emergency, he/she will be entitled to a leave of absence for a period not exceeding 30 additional days.

The Board expects employees to request their training for a period when school is not in session.

An employee seeking leave for annual active duty training must forward a written request including the appropriate verifying data to the superintendent no later than 30 days prior to the pre-arranged military activity.

An extended military leave of absence for a member of the armed forces of the United States shall be granted pursuant to state law so long as the requirements and regulations of the armed forces prevent the employee’s return to civil employment.

Classified Personnel Leaves and Absences

The continuous presence of employees promotes excellence in the instructional program by ensuring the following:

The uninterrupted continuity of education
Greater teacher-student contact time
Appropriate role-model emulation
Consistent classroom discipline
Reduced cost

Annual Leave

Annual leave will be granted to all full-time employees (30 hours and above worked per week) of this district under the following guidelines for the various employment periods: one and one-fourth days of leave for each month of active service during the district’s fiscal year (e.g. nine-month 185 or 190 day employees will receive 12 days annually; ten-month employees will receive 13 days annually; eleven-month employees will receive 14 days annually; twelve-month employees will receive 15 days annually) at no reduction in salary. The term annual leave, as used in this policy and accompanying regulations, is synonymous with the term sick leave as used in relevant state law.

The District will grant annual leave to part-time employees working 20-29 hours per week based on the employee’s FTE, or full-time equivalent, multiplied by the number of annual days issued to employees with the same number of contract days. For example, if a part-time employee works 20 hours per week with a FTE of .5 and the employee has a 190-day contract, the employee would receive 6 annual leave days per year. Part-time employees working less than 20 hours per week will not receive annual leave.

Annual leave may be taken for reasons deemed important by the employee with approval of the immediate supervisor (e.g. personal business, death or illness in the family, personal sickness, etc.) The employee may appeal the decision of the immediate supervisor to the associate superintendent and then to the superintendent. The superintendent’s decision will be final.

Annual leave for the year will be granted on the second day that the employee reports for work of each fiscal year (July 1 through June 30).

Cumulative Leave

Annual leave days not used during a school year will be classified as cumulative leave and may accrue to a maximum number of days equal to the number a person is employed during a school fiscal year (July 1 through June 30), excluding the current year’s allocation of annual leave.

Twenty percent of this accumulated leave or the maximum of 10 days (within a school year) may be used for the annual leave of the employee.

The employee’s position will be held for him/her up to the ninety-first day of absence or within the employee’s accumulated leave total, whichever is greater. After such days of continuous absences, the employment relationship will be subject to immediate termination.

No leave (annual, cumulative, or accumulated) will be granted on the day before a holiday or the day following a holiday, nor will leave be granted during the first or last week of school without the consent of the employee’s immediate supervisor.

All leave within the above guidelines will be with no reduction in salary. Leave in excess of or leave not covered by the guidelines will result in loss of a full day’s pay for each absence.

Bonus for Unused Leave at Retirement

Upon separation of employment with the district or retirement, including entrance into the TERI retirement program, employees will be paid a bonus of $20 for each day of combined unused annual and cumulative leave in excess of 90 days. Employees who have worked in Anderson District One for 20 years or more will receive a bonus of $30 for each day of combined unused annual, accumulated and cumulative leave in excess of 90 days.

No employee will receive payment for more than the number of days he/she was employed during the fiscal year he/she received a bonus for unused annual, accumulated, and cumulative leave from Anderson School District One during his/her lifetime. For example, if a 190 day employee retires and then enters the TERI retirement program and receives payment for 100 days of unused leave, upon entrance into the TERI program, he/she will continue to accrue annual leave pursuant to district policy. However, the employee will receive no additional payment for annual leave’ not used during the employee’s participation in the TERI retirement program. Similarly, if a 190 day employee who received payment for 100 days of unused annual, accumulated, and cumulative leave returned to work for the district at a later date, the employee would receive no additional payment for annual leave not used during the employee’s subsequent employment with the district.

Leave for Retired Employees Rehired by the District on an “At-Will” Basis

Termination

The district will not terminate from employment those employees under this policy who have accrued sick leave and who are using it in compliance with this policy. The district will not terminate from employment any such employee during a continuing sick leave of less than 91 work days.

Transfer of Sick Annual/Accumulated/Cumulative Leave

Maternity Leave

A pregnant employee is eligible for extended illness leave. Any pregnant employee may take up to twelve weeks of unpaid leave, pursuant to the Family Medical Leave Act, for the birth of a child. While on leave for the birth of a child, any pregnant employee may receive pay for up to six weeks total, or thirty work days, of accrued annual, cumulative, and accumulated leave, provided the employee submits a medical statement verifying the need for six weeks of leave. A pregnant employee may also receive pay for additional accrued annual, cumulative, and accumulated leave if a physician verifies that a medical need for such extra leave exists.

Family and Medical Leave Act of 1993

Unpaid leave must be granted in the following three situations:

· To care for the employee’s child after birth, or placement for adoption or foster care

· To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition

· For a serious health condition that makes the employee unable to perform the employee’s job. At the employee’s or employer’s option, certain kinds of paid leave may be substituted for unpaid leave

Advance Notice and Medical Certification

· An employee will be required to provide advance leave notice and medical certification.

· Taking of leave may be denied if requirements are not met.

· An employee requesting FMLA should contact his/her supervisor and the Personnel Office for the appropriate forms.

· FMLA leave days run concurrently with accumulated leave days.

· An employee ordinarily must provide 30 days advance notice when the leave is “foreseeable.”

· An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer’s expense) and a fitness for duty report to return to work.

Job Benefits and Protection

· For the duration of FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan.”

· Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

· The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of any employee’s leave.

FMLA makes it unlawful for any employer to:

· Interfere with, restrain, or deny the exercise of any right provided under the FMLA;

· Discharge or discriminate against a person for opposing a practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

Legal Absence

Employees should notify their principal or immediate supervisor as soon as they know they are being called to jury duty or have been subpoenaed. An employee should submit a copy of a jury duty summons or subpoena to his/her principal or immediate supervisor. The district will grant the employee’s leave without loss of pay when he/she is subpoenaed in the line of duty to represent the district as a witness or defendant. Any jury or travel pay will be maintained by the employee. If an employee must appear in court for any reason other than the above the district will generally deduct substitute or full pay from his/her salary or, if eligible, annual/accumulated leave days. The district encourages school employees selected for jury service during the school term to request that their service by postponed to a date that does not conflict with school responsibilities.

Military Leave

Employees may take military leave without loss of pay, seniority or efficiency rating for one or more periods not exceeding a total of 15 workdays in one year. Saturdays, Sundays, and state holidays may not be included in this 15 days unless the Saturday, Sunday or holiday is a regularly scheduled workday for the employee.

This leave may be taken when the employee is engaged in training or other duties ordered by the governor, the department of defense, the department of the army, the department of the air force, the department of the navy, the department of the treasury, or any other department or agency of the government of the United States have authority to issue lawful orders requiring military service. This leave applies to employees who are either enlisted or commissioned members of the South Carolina National Guard, the United States Army Reserve, the United States Air Force Reserve, the United States Naval Reserve, the United States Marine Corps Reserve or the United States Coast Guard Reserve.

In the event an employee is called upon to serve during an emergency, he/she will be entitled to a leave of absence for a period not exceeding 30 additional days.

The Board expects employees to request their training for a period when school is not is session.

Professional, Classified Personnel, and Year-Round Personnel Vacations and Holidays

The school calendar, as adopted by the Board, establishes the school recess periods and holidays for staff members employed on a school-year basis.

Administrators and Year-Round Personnel

Regular full-time administrators employed on a full-year basis (52 weeks) and year-round personnel will receive vacations and holidays as follows:

Vacations

· All district employees who are 12-month employees accrue leave at the rate of 5/6th day per month for a total of 10 days per year.

· Employees must obtain the prior approval of their supervisors before using accrued leave.

· Beginning with the 2000-2001 school year, twelve-month employees may not accrue more than 30 unused vacation days for payment upon separation of employment with the district or retirement, including entrance into the TERI retirement program. Eligible employees will receive their daily rate of pay as payment for accrued vacation days.

Administrative personnel and district office level personnel, secretarial, maintenance, and custodial personnel who are 12-month employees will observe these school calendar holidays.

Holidays

New Year’s Day (January 1st)

Martin Luther King, Jr. Day (3rd Monday in January)

Independence Day (July 4th)

Labor Day (1st Monday in September)

Thanksgiving Day (2 days) (4th Thursday/Friday in November)

Christmas (2 days) (December 24th and 25th)

Vacation Leave for Retired Employees Rehired by the District on an “At-Will” Basis

Retired employees rehired to work with the district on a 12-month at-will basis are eligible for vacation leave and will begin their employment with no vacation leave. A retired 12-month employee will earn vacation leave consistent with the leave for a 12-month position. However, vacation days not used at the conclusion of each school year will be lost.