TOOELE COUNTY SCHOOL DISTRICT Policy Number: Policy Title: Page: 1 of 11 4013 EMPLOYEE LEAVE An employee must be a Full-Time employee to accrue any type of leave below. A Full-Time employee is an employee who works on average at least 30 hours per week throughout the school year. Any employee who is not considered a Full-Time Employee will be ineligible for any accrual of leave. If an Employee was in a leave earning capacity, and either transfers to another position or has their hours reduced to the level that they are no longer considered a Full-Time employee, that employee will be paid for their accrued leave if allowed under this policy. However, they will no longer be able to accrue or use leave of any kind after that date until their position or hours are changed to meet the definition of a Full-Time Employee. A. 4.13.1 Sick Leave: Revised and adopted 09/07/04 1. Sick leave provides full pay in cases of employee illness. 2. Sick leave will be granted to an employee in the event that he or she is compelled to be absent from his or her assignment because of: a. Personal illness, injury, or quarantine. b. Illness of an immediate family member living at the employee’s home (spouse, parent, child, or step-child.) c. Illness of an immediate family member not living at the employee’s home (spouse, parent, child, or step-child). 1) Sick leave under part 4.13.1.B.3 is limited to five days per year. 2) The Superintendent may require verification of the validity of sick leave used under part 4.13.1.B.3. d. Maternity or adoption: Maternity and adoption leave shall be treated as sick leave, with all the benefits provided under District sick leave policy. In cases in which both parents are employed by the District, only one will be allowed to use leave under this provision. 3. Sick leave is accrued as follows: a. Full-time Licensed employees shall accrue 10 days sick leave per year on a per pay period basis and full-time classified Support professional employees on less than 12-month contracts shall receive accrue 10 days 80 hours of sick leave per year on a per pay period basis. b. Full-time Twelve-month classified support professional employees shall receive 12 96 hours of sick leave days per year. c. There is no limit on the total accumulation of sick leave. d. Licensed employees with more than 25 sick leave days may convert sick leave to personal leave according to the following table: DAYS OF ACCUMULATED SICK LEAVE # DAYS THAT MAY BE CONVERTED TO PERSONAL LEAVE IN A CONTRACT YEAR 25 Days 1 50 Days 2 75 Days 3 100 Days 4 125 Days 5 SECTION 4000: EMPLOYEES TOOELE COUNTY SCHOOL DISTRICT Policy Number: Policy Title: 4013 EMPLOYEE LEAVE Page: 2 of 11 Sick leave days are converted to personal leave under this policy at a one-to-one ratio. In determining the number of days that may be converted, the accumulated sick leave available shall be the amount before the conversion occurs. Conversion of sick leave to personal leave may occur once in any given fiscal year. 4. An employee must furnish evidence of need for sick leave if requested by the District. The decision to require such evidence is at the sole discretion of the District. 5. Misuse of sick leave will be considered as employee neglect of employment obligations and will subject an employee to disciplinary action, including, but not limited to, forfeiture of sick leave benefits, probation, suspension, and termination. 6. Upon retirement employment by the Tooele County School District, unused accumulated sick leave, up to 250 days for licensed employees and 2,000 hours for support professional employees, shall be paid at $25.00 per day or 3.125 per hour. In the event of death prior to retirement, the employee’s beneficiary shall be paid for the employee’s unused accumulated sick leave, up to 250 days, at $25.00 per day the maximum days/hours and rate of an employee upon retirement. Definitions – Adopted 01/04/05 a. “Retirement” is defined as being eligible for retirement through the Utah Retirement System (URS), and applying for and receiving benefits. This status must be confirmed by the URS before the sick leave payout will occur. b. “Beneficiary” is defined as the decedent’s estate. The payout of accumulated sick leave and any other Tooele County School District death benefits to the decedent’s estate will be made by deposit to the decedent’s payroll direct deposit account. B. 4.13.2 Personal Leave: Revised and adopted 09/07/04 1. Licensed employees are allotted two (2) personal leave days per year. 2. Licensed employees who do not use their allotted personal leave have the following options at the end of each school year: a. Licensed employees may be reimbursed $50 per day of unused personal leave upon application to the personnel office. b. Unused personal leave days may be converted to sick leave with written notification to the personnel office. c. Personal leave will be carried forward to the next year until a total of four (4) personal leave days is reached, unless the employee notifies the personnel office in writing of a choice of option 1 or option 2 above. When the four (4) days maximum available personal leave has been reached, unused personal leave days above the limit of four (4) will be converted to sick leave, unless the employee notifies the personnel office to do otherwise. 3. All Licensed employees will be allowed to convert up to two (2) sick days each year to personal leave for use only and there will be no pay for these days at the end of the year. There would be no carryover of these personal leave days. This leave requires prior administrative approval. 4. All licenses employees on step 10 or higher will receive three (3) personal days per year. 5. In addition to all other personal leave days, a career licensed employee teacher may take one additional personal leave day at a cost of $50. 6. Classified Support professional employees who do not accrue annual vacation leave may use up to two three (3) days per year of sick leave as personal leave. Classified employees in this category SECTION 4000: EMPLOYEES TOOELE COUNTY SCHOOL DISTRICT Policy Number: Policy Title: 4013 EMPLOYEE LEAVE Page: 3 of 11 may carry forward two days to the next contract year, allowing a total of 4 personal leave days to be used under this section in any one year. The use of these personal leave days shall require supervisor notification and approval. 7. Personal leave may be used for any purpose at the discretion of the employee, subject to the provisions and conditions of this policy. C. 4.13.3 Military Leave: Revised March 19, 2013 1. Career and provisional (as defined in 4.8.3 of this policy) employees who are members of the United States Armed Forces shall be granted leave for up to five years cumulative service according to the provisions of USERRA. 2. The District will pay differential pay, meaning the difference between the military daily rate and the District daily rate for up to 15 days each calendar year, excluding travel and per diem. Differential pay will be applied for contracted days only (not during summer and/or weekends). 3. If the military daily rate of pay is more than the District daily rate of pay, then the military leave will be considered leave without pay. 4. Military leave will be granted upon notification by the service member. Notification can be verbal or written. The District requests an official copy of the written orders as soon as they are practically available. A yearly weekend training schedule is considered official written notification. 5. If an employee is called to active duty for a period longer than provided for in this policy, credit on the salary schedule will be granted for each year as if the employee had never left employment. 6. All benefits normally provided will continue during the period not to exceed 31 days each calendar year (to coincide with the annual training requirement). 7. For periods of service 32 days or greater, the service member can opt to maintain any of their benefits by payment of no more than 102% of the premium. 8. The service members will report back to the District upon returning from active duty, during contract or non-contract time (summer), he/she will give notice of return to allow the District to reinstate benefits on that date. D. 4.13.4 Leaves of Absence: 1. A leave of absence is leave without pay or benefits granted to a career or provisional employee. 2. Employees who are granted leaves of absence shall maintain accumulated sick leave and position on the salary schedule once he or she returns from a leave of absence to full-time District employment. 3. There shall be no more than 5 employees on leaves of absence from the District at any given time. 4. Applications for leave of absence shall be directed to the Superintendent. Consideration shall be given to each application and each application shall be judged on its individual merits. 5. Employees who return after a leave of absence shall be placed in open positions for which they are qualified. There is no guarantee of an exact placement, teaching assignment, school, or position for an employee returning from a leave of absence. 6. An employee who does not return from a leave of absence at the time designated in the employee’s application for a leave of absence will be deemed to have relinquished and waived all claim to continuing employment by the Tooele County School District. E. 4.13.5 Sabbatical Leave: SECTION 4000: EMPLOYEES Revised and Adopted 04/10/07 TOOELE COUNTY SCHOOL DISTRICT Policy Number: Policy Title: 4013 EMPLOYEE LEAVE Page: 4 of 11 1. A sabbatical leave is leave for a period of one year granted to a career licensed employee who has completed at least five years of licensed employment service in the District. A sabbatical leave requires that the employee pursue further education in an approved scholarly program carried on in an accredited academic institution. 2. A sabbatical leave may be granted to no more than two career licensed employees each year upon recommendation by the Superintendent and approval by the Board. 3. Applications must be submitted by March 1 with an educational program to the Assistant Superintendent who will chair a Local Professional Improvement Committee appointed by the Superintendent. The LPIC will screen applicants and make recommendations to the Superintendent who will recommend applicant(s) to the Board for approval. Information to accompany application: a. Applicant has been accepted into a graduate program. b. Applicant has enrolled in a non-degree seeking program which may enable to change assignment within the district. c. Contribution the applicant would make to district as a result of the sabbatical leave. 4. Employees granted sabbatical leave shall receive one-half their annual salary for the year during which the leave is granted. The District shall provide health and other insurance benefits equal to those provided to all other career licensed employees. 5. Employees granted sabbatical leave shall return to the Tooele County School District for at least two years following the leave or reimburse the District for the total amount received during the sabbatical leave unless circumstances indicate that the Board makes an exception. 6. Upon returning from sabbatical leave to the District, employees will be granted such steps and advancement on the salary schedule as they would have received had they been actively employed by the District during the term of the sabbatical leave. 7. An employee returning from sabbatical leave will be placed in the same position he or she left prior to the leave, unless application for a transfer or new position is made through the regular District procedure. 8. Granting of a sabbatical leave to an employee in no way obligates the District to reward that employee by promotion, advancement, transfer, or reassignment. 9. Any unused sabbatical leave money will be put into the tuition reimbursement program. F. 4.13.6 Civic and Jury Duty: Revised & Adopted April 6, 2010 1. Civic Duty: a. Employees shall be allowed leave for attendance at local funerals and special civic programs in which they participate as a speaker, musician, etc, provided that arrangements are made in advance and the principal or supervisor authorizes leave. b. The Board recognizes the value of public service. Therefore, an employee who accepts an elected or appointed office that requires time away from work during the contract day or year shall be granted leave without pay or a reduced work schedule upon the request of the employee at reduced pay. If the employee continues to work at least two-thirds time (on a daily or annual basis) the District shall pay half of all benefits to which the employee would be entitled as a full time employee. c. Any leave granted under this policy is subject to proper documentation being tendered. The district reserves the right to require documentation of civic duty leave and may revoke leave days given if documentation is not provided within five days of the start of leave. SECTION 4000: EMPLOYEES TOOELE COUNTY SCHOOL DISTRICT Policy Number: Policy Title: 4013 EMPLOYEE LEAVE Page: 5 of 11 2. Jury Duty: a. Employees who are selected for jury duty during normal working hours shall receive leave with full salary, less the amount they receive as jurors. b. Employees who are litigants in legal action arising from or related to their professional assignment with the District shall receive full salary for the period they are absent from duty. Employees are not required to submit jury duty pay for the first day of service, but all subsequent days of pay must be submitted to the District (minus travel and per diem). c. Employees who are subpoenaed to testify as a witness in a legal action shall receive leave with full salary, less fees paid to the employee for the period they are absent from duty. d. Employees are not required to return to work on the day of the jury duty leave if their jury assignment ends before their scheduled work time. Any leave granted under this policy is subject to proper documentation being tendered. The district reserves the right to require documentation of jury duty leave and may revoke leave days given if documentation is not provided within five days of the start of leave. G. 4.13.7 Annual Vacation Leave: Revised & Adopted June 3, 2008 1. Building Administrators, District Office Administrators, and Supervisory Administrative Staff shall earn accrue 24 192 hours of annual vacation leave days per year at the rate of two days 16 hours per month. Building Administrators annual leave should be taken during summer months unless otherwise approved by the Superintendent. District Office Administrators and Supervisory Administrative Staff annual vacation must be approved in advance by the Administrator’s direct supervisor. 2. Full-time classified Support professional employees, (employees working eight (8) hours per day for 260 258 days per year) earn 5/6 days accrue eight (8) hours per month annual vacation leave for the first two years of continuous employment. After two years the employee is entitled to one an additional two (2) hours of annual vacation leave accrual day per year, until a maximum of 24 16 hours per month of annual vacation days per year leave is reached. 3. Employees who change job classifications from 220/240 days to 260 days will qualify for additional annual vacation days in their new positions. In order to qualify for additional vacation days, the employee must have worked in a Tooele School District position that qualified for vacations days and must have been employed full-time for at least seven (7) years immediately prior to the job change. 4. Additional vacation days will accrue at a rate of one (1) vacation day for every two (2) years worked in a qualifying 220/240 day contract and applies only for those years worked beyond the initial seven (7) years in the 220/240 day contract. For example, an employee that worked nine (9) years in a 220/240 day contract and changed to a 260 day contract in the tenth year would qualify for one (1) extra day of vacation above the base of ten (10) days for a total of eleven (11) days. 5. Thereafter, employees that have worked at least two (2) years in a 220/240 day contract will accrue leave at the rate of one additional day per year up to a maximum of twenty four (24) days per year. 6. In the event that an employee changes positions from a 260 day contract to a 220/240 contract, the employee may retain all accrued vacation days but may not accrue more than eight vacation days per SECTION 4000: EMPLOYEES TOOELE COUNTY SCHOOL DISTRICT Policy Number: Policy Title: 4013 EMPLOYEE LEAVE Page: 6 of 11 year thereafter (see C below). Accumulated vacation days may not exceed 20 days at the end of the fiscal year in which the position change occurred. (see D below). 7. This policy change is effective July 1, 2008. Employees affected by this policy change must notify payroll to have their current year vacation leave balances adjusted. No retroactive adjustments or payments will be made. 8. School secretaries, (employees working 8 hours per day for 220/-240 days per year) earn 8 days 72 hours of annual vacation leave per year on a per pay period basis. 9. Annual vacation leave may be accumulated to a maximum of thirty days 240 hours for all qualifying positions except school secretaries. School secretaries may accumulate a maximum of twenty days 160 hours. 10. When an employee leaves the District with more than one year of continuous employment, unless terminated for cause, the employee shall receive a lump sum payment for earned accumulated annual vacation, not to exceed 54 days. (30 days of carryover plus the allocation from the current year.) at the employee’s rate of pay. H. 4.13.8 Holidays: Revised & adopted 06/16/03 1. Building Administrators, District Office Administrators, and Supervisory Administrative Staff (FLSA Exempt Employees on Schedule A-1/A-2) are on a 12-month, 260 258-day contract. The following holidays will be paid days off for administrators: Independence Day, Pioneer Day, Labor Day, U.E.A. Convention (2 days), Thanksgiving (2 days), Christmas vacation as approved on the yearly calendar (this includes New Years Day), Martin Luther King Day, Presidents Day, Spring Break as approved on the yearly calendar and Memorial Day. 2. Full-time Support professional classified employees, (employees working eight (8) hours per day for 260 258 days per year) have the following paid holidays off: Independence Day, Pioneer Day, Labor Day, Thanksgiving (2 days), Christmas (2 days), New Years Day (2 days), Martin Luther King Day, Presidents Day, Spring Break (2 days) and Memorial Day and 1 floating holiday. 3. School Secretaries, (employees working eight (8) hours per day for 220 days per year) have the following paid holidays off; Labor Day, Thanksgiving (2 days), Christmas (2 days), New Years Day (2 days), Martin Luther King Day, Presidents Day, Spring Break (2 days) and Memorial Day and 1 floating holiday. 4. In order to receive pay for any holiday, the employee must work the first scheduled work day after the holiday or qualify to be off by the use of other qualifying-leave. I. 4.13.9 Professional Leave: 1. At the discretion of the Superintendent, employees may be assigned or excused to attend professional meetings or to participate in other educational work. When excused or assigned as above, employees may be given leave with pay. 2. Officers of the Tooele Education Association, or their designees, will be allowed leave with pay for a total of fifteen work days, divided among them, for professional leave in which they may attend conferences, workshops, or seminars. Substitutes for such leave will be provided by the District. J. 4.13.10 Family Leave: SECTION 4000: EMPLOYEES TOOELE COUNTY SCHOOL DISTRICT Policy Number: Policy Title: 4013 EMPLOYEE LEAVE Page: 7 of 11 1. In the event of serious illness of an eligible employee or an eligible employee's spouse, parent, or child, an employee may request in writing to the Superintendent an unpaid leave of absence of up to twelve (12) calendar weeks. An eligible employee may also request an unpaid leave of absence of up to twelve (12) calendar weeks following the birth or adoption of the employee's child. 2. Employees who have worked for the District for at least twelve (12) months and who have worked 1250 hours (approximately 24 hours per week) for the District during the previous 12-month period are eligible for family leave. 3. Eligible employees may not be granted family leave in excess of twelve (12) calendar weeks during any twelve (12) month period 4. Written requests for family leave due to serious illness or health condition must be accompanied by a doctor's certification indicating the anticipated duration and the nature of the illness or health condition. The illness or condition must require inpatient care in a hospital or residential facility or continuing treatment by a health care provider. At its expense, the District may require the employee to obtain a second opinion by a doctor designated by the District. 5. In the event of birth or adoption, the District may require the employee to use his/her accumulated personal leave prior to granting unpaid leave. For an employee's own illness or illness of a spouse, parent, or child, the District may require the employee to use his/her accumulated personal leave and sick leave before granting unpaid leave. The total family leave period, whether paid or unpaid, shall not exceed twelve (12) calendar weeks. 6. When an employee and spouse both are employed by the District, both individuals together shall be limited to a total of twelve (12) calendar weeks of leave in the event of birth or adoption of a child or the illness of a parent. 7. Employees anticipating a family leave request shall give the District as much advance written notice as possible. 8. During the family leave period, the District shall continue to pay its portion of the employee's group health insurance premium. An employee on family leave must continue to pay his/her portion of the insurance premium in order to keep coverage in effect. If the employee fails to return to work with the District for reasons other than the continuation or onset of a serious health condition or other circumstances beyond his/her control, the District shall be entitled to reimbursement for its portion of the insurance premium costs. 9. Upon returning from family leave, an employee shall be assigned to his/her previous position or to an equivalent position with equivalent pay and benefits. K. 4.13.11 Personal Bereavement Leave: Revised February 1, 2011 1. Employees will be granted leave with pay for a maximum of five workdays in any one instance in the event of death of an employee’s spouse, child or step-child, or parent. 2. Employees will be granted leave with pay for a maximum of three work days in any one instance in the event of death of the employee’s grandparent, grandchild, sibling, brother- or sister-in-law, uncle, aunt, niece, or nephew, or an employee’s spouse’s parent, grandparent, grandchild, sibling, brother-or sister-in-law, uncle, aunt, niece or nephew. 3. It is not required that Personal Bereavement Leave days be taken consecutively, but must be taken in a reasonable time period following the event. SECTION 4000: EMPLOYEES TOOELE COUNTY SCHOOL DISTRICT Policy Number: Policy Title: 4013 EMPLOYEE LEAVE Page: 8 of 11 4. In cases which the relationship between an employee and a deceased person is unclear, the Human Resources Director shall make the final determination. L. 4.13.12 Other Family Leave Revised & adopted 03/06//07 1. Employees will be granted leave with pay for a period not to exceed one day in any one instance or more than three days in one year for: a. A wedding of the employee or of the employee’s child, parent, or sibling, or the employee’s spouse’s child, parent or sibling. b. Birth of the employee’s child, or birth of the child of the employee’s son or daughter. 2. Employees will be granted leave with pay for a period not to exceed one day in any one year for participation in a Grandparents Day activity at a school which involves an employee’s grandchild. M. 4.13.13 Catastrophic Illness Leave: Adopted March 25, 2008 Revised October 5, 2010 1. The Tooele County School District (TCSD) may provide a Catastrophic Illness or Injury Leave (Catastrophic Leave) benefit to employees who qualify for sick leave. This benefit is for the catastrophic illness or injury of the employee. An employee cannot qualify for the Catastrophic Leave for an injury or illness of his or her spouse or dependents. Access to the Catastrophic Leave bank is not a right and will be authorized at the discretion of the Catastrophic Leave committee which considers multiple factors regarding the employee and their medical status when granting approval. All leave days paid for under this policy will be paid at 85% of the employee’s pay. All leave under this policy will run concurrently with FMLA (Family Medical Leave Act). 2. Definitions: a. Catastrophic: A severe accident, physical condition, or illness producing an ongoing life threatening and/or severely incapacitating condition for which extensive medical treatment and/or prolonged absence from work is determined to be necessary by a qualified physician. b. Qualification: In order to qualify for leave under this policy, an employee must hold a position that earns sick, personal/annual leave. An employee must be enrolled in the District LTD Plan prior to requesting catastrophic leave. 3. The employee’s physician will tender a letter that provides the physician’s qualifications and outlines the nature and severity of the condition or injury, as well as the anticipated time required for the employee to return to work. (Medical certification by a physician other than an M.D. or D.O. will not be accepted.) The employee’s physician’s letter, HIPPA release/medical documentation along with the application to the Director of Human Resources, will then be considered by the Catastrophic Leave Committee. A medical recertification from the employee’s qualified physician must accompany each application and may not be reproduced to apply for more leave. 4. In order to qualify for Catastrophic Leave, the employee must have exhausted all of his or her sick, personal, and vacation leave. Eligible employees in their first three years of continuous employment with the District may receive up to 30 contract days of Catastrophic Leave under this policy. Employees in their fourth year of continuous employment and beyond may receive up to 120 contract days of Catastrophic Leave under this policy. When an employee has exhausted his or her 120 contract days of Catastrophic Leave, the employee must work his or her contracted hours for a minimum of six months in order to be eligible to apply for additional Catastrophic Leave. An employee’s request for an exception SECTION 4000: EMPLOYEES TOOELE COUNTY SCHOOL DISTRICT Policy Number: Policy Title: 4013 EMPLOYEE LEAVE Page: 9 of 11 to the six month interim requirement will require approval of both the committee and the Superintendent of Schools. 5. A Catastrophic Leave committee shall be established consisting of the Director of Human Resources, a Board of Education member, a representative of the TCEA, and a representative of the TEA. This committee shall review applications and may grant days of benefit for each case. In the case of a tie vote by the committee, the Assistant Superintendent will break the tie and determine whether to grant or deny the Catastrophic Leave request. The committee may also establish any additional guidelines required to effectively administer this policy. However, guidelines that alter this policy must be approved by the Board of Education. 6. The committee may grant up to 30 contract days of Catastrophic Leave at a time for each case. If a longer period of time is needed, the employee must reapply for an extension of days by submitting a new application after the first 15 contract days of leave have been used as well as a current medical recertification by the employee’s qualified physician. 7. Employees must agree to release medical information sufficient for the committee or it’s designee to reasonably determine if the employee is eligible to receive Catastrophic Leave under this policy. 8. Employee use of Catastrophic Leave is not intended to be a long term solution similar to Long Term Disability Insurance, rather it is a short term solution. An employee’s request for Catastrophic Leave time that exceeds 120 contract days will require approval of both the committee and the Assistant Superintendent of Schools. This request must be submitted within 20 business days of the termination of the benefit. The employee may appeal the decision to extend leave to the Superintendent of Schools. This appeal must be made within 10 business days of the termination of the benefit. Employees must sign up for LTD to participate in this policy. Enrollment after hire (31 calendar days past date of hire) may be granted subject to medical underwriting. 9. Failure to provide medical recertification in a timely manner will result in Catastrophic Leave benefits being cancelled. 10. TCSD reserves the right to obtain, at its own expense, a second opinion, from another qualified physician, in order to determine an employee’s eligibility for Catastrophic Leave. 11. If any employee’s position requires work on a 4 day, 10 hour/day work week, each day will count as 1.25 contract days deducted from leave given under this policy. 12. If an employee has other employment within or out of TCSD, it is required that the employee must be off work from all employment due to the identified illness or incapacity. Violation may be considered to be fraudulent use of leave under this policy and can be rescinded as well as disciplinary action taken up to and including termination from TCSD. 13. Any leave days granted under this policy that are not used by the employee for the condition by which leave was granted will be returned to the District. 14. If the committee determines the employee requesting leave has misused their earned leave benefits, or leave granted under this policy, the employee may be denied Catastrophic Leave under this policy. 15. Any decision to deny benefits under this section is at the discretion of the Catastrophic Illness Leave Committee. If an employee has been denied benefits under this section and wishes to appeal the decision, the employee must do so in writing to the Assistant Superintendent, within 10 business days of the receipt of the denial letter. Within 10 business days of the receipt of the appeal, the Assistant Superintendent will review the appeal and render a decision. If the appeal results in a denial, the employee may then appeal to the Superintendent in writing within 10 business days of the receipt of the denial. Within 10 business days of the receipt of the appeal, the Superintendent will review the appeal and render a decision. If the appeal results in a denial, the employee may then appeal to the Board of SECTION 4000: EMPLOYEES TOOELE COUNTY SCHOOL DISTRICT Policy Number: Policy Title: 4013 EMPLOYEE LEAVE Page: 10 of 11 Education in writing, within 10 business days of the receipt of the denial. Within 15 business days of the receipt of the appeal, the Board of Education will review the appeal and render a decision. The decision of the Board of Education is final and no further due process is allowed. N. 4.13.14 Critical Family Care Leave: Adopted April 8, 2008 Revised June 5, 2012 1. Situations involving parents, spouse, children or legal dependents with a catastrophic illness or injury may be reviewed on a case by case basis and any Critical Family Care Leave granted, must be by approved by the Catastrophic Illness Leave committee. This committee shall review applications and may grant days of benefit for each case. In the case of a tie vote by the committee, the Assistant Superintendent will break the tie and determine whether to grant or deny the Critical Family Leave. An employee may apply for a maximum of 20 contract days of Critical Family Care Leave per incident. A maximum of 40 contract days per fiscal year are allowed. Critical Family Care Leave is also paid at 85% of an employee’s salary. Leave under this policy is subject to the same qualifications and documentation of the Catastrophic Illness Leave policy with the exception of the LTD requirement. Any leave days granted under this policy that are not used by the employee for the condition by which leave was granted will be returned to the District. 2. Qualification: In order to qualify for leave under this policy, an employee must hold a position that earns sick and personal/annual leave. a. The employee’s physician will tender a letter that provides the physician’s qualifications and outlines the nature and severity of the condition or injury, as well as the anticipated time required for the employee to return to work. (Medical certification by a physician other than an M.D. or D.O. will not be accepted.) The employee’s physician’s letter, HIPPA release/medical documentation along with the application to the Director of Human Resources, will then be considered by the Critical Family Care Leave Committee. A medical recertification from the employee’s qualified physician must accompany each application and may not be reproduced to apply for more leave. b. In order to qualify for Critical Family Care Leave, the employee must have exhausted all of his or her sick, personal, and annual leave. c. A Critical Family Care Leave committee shall be established consisting of the Director of Human Resources, a Board of Education member, a representative of the TCEA, and a representative of the TEA. This committee shall review applications and may grant days of benefit for each case. In the case of a tie vote by the committee, the Assistant Superintendent will break the tie and determine whether to grant or deny the Catastrophic Leave request. The committee may also establish any additional guidelines required to effectively administer this policy. However, guidelines that alter this policy must be approved by the Board of Education. d. Employees must agree to release medical information sufficient for the committee or it’s designee to reasonably determine if the employee is eligible to receive Critical Family Care Leave under this policy. e. Appeals: Any decision to deny benefits under this section is at the discretion of the committee. An employee that has been denied benefits under this section and wishes to appeal the decision, must do so in writing to the Assistant Superintendent, within 10 business days of the denial letter. Within 10 business days of the receipt of the appeal, the Assistant Superintendent will review the appeal and render a decision. If the appeal results in a denial, the employee may then appeal to the Superintendent in writing within 10 business days of the receipt of the denial. SECTION 4000: EMPLOYEES TOOELE COUNTY SCHOOL DISTRICT Policy Number: Policy Title: 4013 EMPLOYEE LEAVE Page: 11 of 11 Within 10 business days of the receipt of the appeal, the Superintendent will review the appeal and render a decision. If the appeal results in a denial, the employee may then appeal to the Board of Education in writing, within 10 business days of the receipt of the denial. Within 15 business days of the receipt of the appeal, the Board of Education will review the appeal and render a decision. The decision of the Board of Education is final and no further due process is allowed. f. If the committee has granted days to an employee and the status of the person that the employee is caring for changes, there shall be a re-evaluation of the leave request. Superintendent’s Executive Staff (SES), in consultation with the Critical Family Care Leave Committee, shall determine how many of the days that were granted will continue for the employee. The Human Resource Director shall inform payroll of SES’s decision in writing. A copy of its decision shall be kept on file in the Human Resource Department. O. 4.13.15 Advanced Degree Leave Adopted June 3, 2008 Employees enrolled in an Advanced Degree Program from a credited university or college will be granted up to three (3) days of advanced degree leave for required on-campus coursework which may occur during the school year. In order to receive the three (3) days of Advanced Degree Leave, the District would grant the employee to use the two (2) district workshop days plus one (1) additional district leave day for the advance leave. The school administrator must approve the leave in advance. P. 4.13.16 Transfer of Leave: Approved March 17, 2009 District employees are not allowed to transfer any of their leave accrued under Tooele County School District Policy 4.13, Employee Leave, to another employee under any circumstance. ♦♦♦♦♦ LEGAL REFERENCE: POLICY ADOPTED: REVISED/REVIEWED: Revised 06-16-03 Revised 09-07-04 Revised 04-10-07 SECTION 4000: EMPLOYEES Revised 06-03-08 Revised 03-17-09 Revised 04-06-10 Revised 10-05-10 Revised 02-01-11 Revised 06-05-12 Revised 03-19-13