LEAVES OF ABSENCE PROCEDURES | Administrative Procedures

3430 - LEAVES OF ABSENCE PROCEDURES

Employees of the District shall not be absent from the duties to which they have been assigned except as authorized by the Superintendent or designee. Employees who are willfully absent from duty without leave shall forfeit compensation for the time of such absence. Their contracts or appointments shall be subject to cancellation by the Board, and they shall be subject to immediate dismissal.

The appropriate principal or supervisor and the Superintendent must approve a request for leave of absence prior to the effective date of the leave. Except in cases of emergency, the request shall be filed at least ten (10) days before the date on which the proposed leave is to become effective except in the case of use of accrued vacation that may be approved by the immediate supervisor with reasonable notice.

All leaves of absence shall expire no later than June 30th of each year. When additional leave is being requested, the employee must reapply for leave effective July 1st of each year.

Employees shall be returned to their same or a similar position after leave under the following conditions:

An employee on leave who is eligible for reassignment for the next school year shall request reassignment through Human Resources Services by March 1st. A copy of this request shall be sent to the department head or to the principal of the school from which the employee took leave.
An employee returning from a leave of absence for extended illness or maternity leave must submit a physician’s statement verifying satisfactory health for working. Persons returning from other leaves of absences may be required to submit a physician's statement verifying satisfactory health for working.
Upon return, an employee granted professional study leave to continue education must present a transcript verifying a full course load - usually eighteen (18) to twenty-four (24) semester hours of credit or its equivalent during the year of absence.
In the event an employee on leave does not carry out the purposes for which the leave was granted, the leave will be canceled and the employee’s right to a position will be terminated unless prior approval by the Board is obtained for a change of leave.

A tenured, certificated employee on leave (other than a medical leave) may be used on a substitute basis. When employees are not substituting they revert to their original leave status.

PAID LEAVE

MILITARY LEAVE may be granted for up to a maximum of seventeen (17) days within any fiscal year without loss of time, pay, or efficiency rating to employees who are required to serve in the Armed Forces of the United States or the State of Florida in fulfillment of training obligations incurred under selective service laws or because of membership in reserves of the Armed Forces or National Guard. Service members in the National Guard or a reserve component of the Armed Forces of the United States who are called up for active duty for other than training purposes, shall be granted, a paid leave of absence for the first thirty (30) days of such leave without loss of time, pay, or efficiency rating. In the case of national emergency, employees who are required to serve in the Armed Forces of the United States or of this State shall be granted military leave and shall be paid the difference in pay, if the military pay is less than the employee’s normal rate of pay, for a period not to exceed one (1) calendar year. A copy of the employee’s official orders must be attached to the request for leave. Employees who had coverage under the District's health care plan prior to call up for active duty military service may elect to extend their coverage under the District's COBRA provision for up to twenty-four (24) months from the date of call up or the date from the day after they fail to apply for a position or return to employment with the District. Employees granted such leave for military service shall, upon completion of the tour of duty, be returned to employment without prejudice, provided application for reemployment is filed within six (6) months following the date of discharge or release from active military duty; and provided further that the Board shall have a reasonable time, not to exceed six (6) months, to reassign the employee to duty in the school system. The time period may be extended if the employee is hospitalized or convalescing from a service-connected illness or injury.

JURY DUTY/COURT SERVICE LEAVE may be granted to employees if summoned to court for jury duty or subpoenaed as a witness before a court or regulatory agency, except in any action in which the employee is a party. A copy of the subpoena or jury duty summons as well as a certification of service from the court must be attached to the request for leave. Employees should submit the request for leave after jury duty or court service ends. If court service involves a dependent minor, the employee must state the familial relationship with the child (e.g. son, daughter, stepson) on the completed leave of absence form. The date of birth of the child is also required. These information requirements do not apply to an action in which the employee is a party in the legal action. Employees may request personal leave or vacation for legal action in which they are personally involved.

If an employee is called for jury duty or otherwise subpoenaed, the court may pay the employee a monetary stipend for their appearance in court or service to the community. The employee may keep this money. The employee is not required to return the check to the clerk of the court.

INJURY OR ILLNESS IN LINE-OF-DUTY LEAVE (ILOD) may be up to a maximum of ten (10) days within any fiscal year. A doctor’s statement with specific dates and a copy of the First Report of Injury must be attached to the request for leave. The ten (10) days of ILOD leave are applicable only to the fiscal year in which the illness or injury occurs. However, in the case of sickness or injury occurring under such circumstances as in the opinion of the District warrants it, additional emergency sick leave may be granted out of local funds under terms and conditions as the District shall deem proper. The term "injury" is defined as the result of an event which causes an employee to suffer an initial injury or a re-injury or an aggravation of an injury for which the employee had previously been granted injury in line-of-duty leave.

When regular sick leave is used for line-of-duty illness or injury, the sick leave used shall be reinstated, based on the pro-rata value of the workers’ compensation benefits received, divided by the employee’s regular daily rate of pay.
While on leave for illness or injury in line-of-duty, an employee shall accrue vacation leave and sick leave when applicable.

Risk Management must have received the First Report of Injury prior to the receipt of the completed leave of absence form for in line- of-duty leave to be approved.

PROFESSIONAL LEAVE WITH PAY, no to exceed thirty (30) calendar days, may be granted to employees when the experience shall be deemed to be of a substantial benefit to the District and shall have an immediate application to the current role of the employee. Professional leave with pay may be granted to permit employees to attend meetings of professional organizations (not including groups who have sought recognition to represent employees in negotiations, or groups affiliated with organizations who have sought such recognition).

Professional leave with pay may be granted up to a maximum of five (5) days during the pre-planning and post-planning period of the contract year. Post-planning and pre-planning leave may be granted four (4) times in six (6) successive years.
Certificated personnel participating in institutes for which they receive an honorarium, may receive their regular pay or the honorarium, whichever is greater.
Employees seeking leave for the post-planning period shall submit a request for leave no later than May 1st. The request requires action (approval or disapproval) by the principal and must be accompanied by registration deadline information from the institution being attended. Employees must be enrolled in a Master's program at an accredited, approved institution or must be adding subject areas to their teaching certificate that will improve the instructional program of the school to which the employee is assigned.
Employees in their first year of employment with the District shall not be eligible for professional leave with pay during pre-planning.
Employees who are not returning to the District the following school year are not eligible for professional leave during the pre-planning period.
Leave with pay may be granted for twelve (12) month certificated personnel to attend summer school. Instructional personnel or employees on twelve (12) month contracts may receive five (5) days of professional leave to attend summer school.

SICK LEAVE is credited to employees beginning with four (4) days of sick leave on the first day of employment for teachers and thirty (30) days after the start date for all other employees each fiscal year. During any fiscal year employees may not earn more than a total of one (1) day of sick leave for each complete month of employment including the four (4) days initially credited. Sick leave may be used for personal illness (including illness or disablement related to pregnancy, illness, or disablement due to an abortion, and illness or disablement due to the birth of a child provided the matters prescribed in these parenthesis shall not be applicable to an employee on maternity leave) or illness or death of a child, spouse, parent, brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew, child’s spouse, father-in-law, mother-in-law, sister-in-law, brother-in-law, step-parents, step-children, or a person then residing in the same household as the employee. The unused portion of allotted sick leave benefits shall accumulate without limit. To continue to remain on leave with a sick or disabled family member when sick leave balance has been exhausted the employee shall request personal leave without pay.

Sick leave days shall be used for absences during the regularly scheduled workday not to exceed the total number of days the employee has accumulated.
Sick leave pay shall be calculated at the employee’s straight time hourly rate.
Sick leave pay shall be applicable to regularly scheduled workdays only. As used herein "day" shall mean the normal workday of the employee.
For an absence resulting from personal illness and not exceeding five (5) consecutive days, a statement on request of the supervisor and signed by the employee may suffice. For any absence in excess of five (5) consecutive days, a certificate signed by the attending physician shall be submitted to the principal or supervisor and submitted to Compensation and Benefits. Doctors’ statements shall cover the entire period of absence. Special provisions shall be made for religious objectors.
Employees who resign and are later re-employed shall be entitled to previously unused sick leave balance.
In case of death, confirmation requirements may be met by a written statement from the principal or department head or by provision of a copy of the death certificate.
When an employee’s sick leave is exhausted, illness leave without pay may be granted. A request for leave must be submitted for this and any absenteeism. A medical statement from the attending licensed physician shall be submitted to cover this absence.

Transfer of Sick Leave:

Instructional—Sick leave may be transferred from or to other public school systems or to State institutions, agencies, or community colleges in the State of Florida. Balances transferred to the District will be available for use on a two-to-one basis with earned sick leave. That is, for transferred sick leave days, two will be available to use for each one day that is earned at BPS.
Support—Sick leave may be transferred from or to other public educational institutions in the State of Florida. Balances transferred into the District will be available for use on a two-to-one basis with earned sick leave. See above.

PERSONAL LEAVE CHARGEABLE TO SICK LEAVE may use up to six (6) days of accumulated sick leave each fiscal year as allowed by law for personal reasons as defined herein. Personal leave is not cumulative. Except in an emergency, the application for leave shall be submitted to the principal or supervisor at least two (2) days in advance of the beginning date of the leave. Each application shall state as the reason for the leave request the following disclaimer: "The purpose for which this leave is taken is not a violation of the administrative rules of the School Board of Brevard County, Florida." Personal chargeable to sick leave shall not be granted under any of the following conditions:

Activities that would result in taxable income to the employee.
To attend meetings sponsored by, and/or for, agencies that represent or seek to represent public employees in collective bargaining associated business.
Any form of work stoppage.

For Personal Leave Chargeable To Sick Leave, employees must complete an Absence Request form for approval by their direct supervisor.

LINE-OF-DUTY LEAVE (TEMPORARY DUTY ELSEWHERE) may be granted for an employee to be absent on school business. Absence in Line-Of-Duty shall be approved on the proper form in advance.

VACATION:

Certain employees shall earn vacation leave and shall be paid their regular straight time hourly rate times the number of hours in their normal work day. For purposes of determining years of continuous service, the anniversary date of regular employment in a vacation earning position shall be used to compute full years of service. The chart below applies to continuous and creditable service in a twelve (12) month vacation earning position. Other earning rates may apply to employees working less than twelve (12) months per year.

Continuous and Creditable Service	Leave Earned During Each Calendar Month

1 through 5 years	1 day per month-12 workdays per year
6 through 10 years	1 ¼ days per month-15 workdays per year
More than 10 years	1 ½ days per month-18 workdays per year

The vacation of an employee shall be taken at a time or times approved by the immediate supervisor.
The following stipulations apply to vacation leave:
1. One half of the monthly allocation of earned vacation is credited to employees on each payroll as long as they are paid for more than half of the pay period.
2. Vacation periods shall be approved by principals or department heads on a "Request for Leave" form that shall be submitted by the employee prior to beginning vacation.
3. A new administrator who resigns prior to the completion of one (1) full pay period of employment shall not be granted vacation leave credit.
4. Earned vacation may be accrued not to exceed sixty (60) days as of January 1st of any year.
5. All payroll type B, C, and D administrators (except high school-based administrators) and professionals shall be allowed five (5) days of administrative leave per year. High school-based administrators shall be allowed to earn seven (7) days of administrative leave per year.
6. Terminal payment of earned vacation shall be limited to sixty (60) days.
7. Continuous service shall not be deemed interrupted by the granting of leave with or without pay. The period of time on leave without pay shall not be counted in computing the amount of service that makes an employee eligible for vacation time. Continuous service is terminated by discharge or resignation. Continuous service shall not include employment as a substitute or temporary employee.

Employees in bargaining units refer to negotiated agreements.

LEAVE WITHOUT PAY

PROFESSIONAL STUDY LEAVE

Professional study leave without pay may be granted under the following conditions:

Leave Without Pay to Continue Education-Professional study leave without pay may be granted up to one (1) year for employees who wish to continue their education. A letter of explanation shall be attached to the request for professional leave. For certificated personnel, this leave shall commence only at the start of the school year because of the hardship accruing to the students.
An employee’s spouse may be granted personal leave to accompany the employee when extended professional leave is approved.

MATERNITY LEAVE

An employee shall be granted maternity leave without pay for a partial or a complete year provided:

A written request for leave accompanied by a statement from a Florida-licensed medical doctor verifying the pregnancy and setting forth the Estimated Date of Confinement (delivery) must be submitted to the employee’s principal or supervisor no later than five (5) calendar weeks prior to the Estimated Date of Confinement (EDC)
Leave shall commence on a date prior to the final estimated date of delivery of the child. The employee shall notify her principal or supervisor of commencement of leave as soon as it has been determined.

The employee may return to work following maternity leave with certification in writing by a Florida-licensed medical doctor that the employee is physically and mentally able to perform necessary duties. The statements required above shall be provided at the expense of the employee.

EXTENDED ILLNESS LEAVE

An employee who exhausts all accumulated sick leave, but who continues to be sick or disabled and unable to return to employment, may be granted leave upon submitting a request for a leave of absence for a maximum of two (2) calendar years. Request shall be submitted to the approving authority no later than five (5) working days following exhaustion of sick leave. The Board shall continue to grant full insurance benefits to employees on Extended Illness Leave for a period of sixty (60) calendar days, provided that an additional ten (10) calendar days of leave shall be granted for employees who are disabled because of injuries received while in the performance of work assigned by the Board. The second year of leave must be applied for by submitting a request for leave no later than May 15th. An employee who is granted an unpaid leave of absence shall accrue no benefits during the period of Extended Leave Illness and may continue employee benefits by paying all of the required costs in a timely basis as prescribed by the District and in compliance with Section 125 provisions.
All requests for this type of leave shall be supported by a statement from a Florida-licensed medical doctor indicating the inability of the employee to perform normal work duties for the period of requested leave.
Extended Illness Leave and FMLA leave may not run consecutively.

PERSONAL LEAVE

Personal leave without pay may be granted to employees.

Except under extenuating circumstances, the request for unpaid personal leave shall be submitted ten (10) days in advance. The principal or department head may approve three (3) days of unpaid personal leave. Personal leave without pay may be granted to employees up to two (2) school years at the Board’s discretion.

FAMILY AND MEDICAL LEAVE (FMLA)

Up to twelve (12) weeks of unpaid job-protected leave may be granted to eligible employees for certain family and medical reasons. Employees are eligible for FMLA leave if they have worked for the Board for at least one (1) year and for 1,250 hours during the previous twelve (12) months. Teachers in a public school system do not have to meet the 1,250-hour requirement.

Unpaid FMLA leave may be granted for any of the following reasons: to care for the employee’s child after birth, or placement for adoption or foster care; to care for the employee’s spouse, son, daughter, or parent, who has a serious health condition; or for an employee’s own serious health condition.

The employee is required to provide an Advance Leave Notice and Medical Certification. Leave will be denied if documentation requirements are not met. Employees must provide thirty (30) days advance notice when the leave is "foreseeable". Medical certification to support a request for FMLA leave because of a serious health condition and a fitness report to return to work is required.

For the duration of FMLA leave, the District will maintain the employee’s health coverage under any group health plan provided the employee pays any required employee contribution and for dependent coverage costs in a timely manner. Upon return from FMLA leave, employees will be restored to their original or equivalent position with equivalent pay, benefits, and other employment terms. The use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of an employee’s leave. Sick leave and vacation do not accrue during an FMLA leave period.

CHILD REARING LEAVE may be granted to an employee who has been on approved maternity leave. The employee may apply for an extension of maternity leave for a period of one (1) school year for the purpose of child rearing during the school year immediately following the initial leave. An employee who has fathered a child may apply for child rearing leave.

MILITARY LEAVE WITHOUT PAY may be granted, at the discretion of the Board, leave without pay if volunteering for military duty. Employees granted such leave for military service shall, upon completion of the tour of duty, be returned to employment without prejudice, provided application for reemployment is filed within six (6) months following the date of discharge or release from active military duty, and provided further that the Board shall have a reasonable time, not to exceed six (6) months, to reassign the employee to duty with the District. This time period may be extended if the employee is hospitalized or convalescing from a service-connected illness or injury.

Employees in bargaining units refer to negotiated agreements.

PROCESSING LEAVES OF ABSENCE

It is important that all information on the Request for Leave of Absence forms be legible and accurate. With exception of signatures, all data should be typed or printed, not handwritten. All forms should be checked for accuracy.

After approval, requests for leave are to be sent to Compensation and Benefits. The only exceptions are Paid Sick Leave, Paid Personal Leave Charged to Sick, and Vacation Leave, which are submitted directly to Payroll.

Except in cases of emergency, the request for leave shall be submitted to the Superintendent or designee at least ten (10) days before the date on which the proposed leave is to become effective except accrued vacation which may be approved by the immediate supervisor with reasonable notice.

Items to review for accuracy:

Employee type (Admin., Teacher, etc.). Be sure to check the boxes for Teachers Only or for ADM (10 Mo.), ADM (l2 Mo.), PROF/TECH or SUPPORT (as applicable). For Teachers and ten (10) month administrators, select the appropriate pay frequency (twenty-one (21), twenty-four (24), or twenty-six (26) pay).
Check the employee’s Social Security number for completeness and accuracy.
Enter employee’s name as it appears on the payroll screen; do not omit the first name and middle initial. Print or type the name legibly. Do not use nicknames.
All requests must have the current and complete home address of the employee. Correspondence with the employee during their leave will be sent to the address provided on the form.
Enter the school/department number correctly on the form.
The beginning and ending dates of the leave must be completed. If a partial day is requested, indicate the hours of absence. Combined paid illness and unpaid requests may be entered on the same leave form. Dates and hours for partial days must be listed for each type of leave. Verify that sick leave balance is available for the paid sick time requested.
Doctor’s statements must include specific beginning and ending dates that correspond to the requested leave dates. Doctor’s statements without specific dates or with the notation that the date is unknown will not be accepted. Estimated dates are acceptable for maternity requests for leave.
Employees must fill in all the information requested in the boxed area of the leave form before the leave request is sent to Compensation and Benefits. By signing the Request for Leave of Absence, the employee acknowledges that they have read the Family and Medical Leave (FMLA) information on the reverse of the form.
"Personal" is not an acceptable reason for a personal leave of absence. A valid reason must be given.
The principal or supervisor must sign the request and indicate on the form whether the leave is approved or disapproved.
Staple all necessary attachments such as doctors’ statements, jury summons and certification of court service, etc., to the leave request. Check the request for omissions before sending the request to Compensation and Benefits.

PROCEDURE FOR FILING FMLA LEAVE REQUESTS

The Family and Medical Leave Act of 1993 entitles eligible employees to take up to twelve (12) weeks of unpaid leave during any twelve (12) month period. To be eligible for Family and Medical leave, an employee must have been employed by the District for at least twelve (12) months and have worked at least 1,250 hours during the preceding twelve (12) months.

Teachers in a public school system do not have to meet the 1,250 hour requirement.

Employees requesting any unpaid leave of absence will be sent the Family and Medical Leave Act of 1993 (FMLA) tri-fold upon request. The FMLA tri-fold will be sent from Human Resources Services or Compensation and Benefits to the work site or address as it appears on the leave request.
The employee’s signature on a request for leave form acknowledges that the information on FMLA on the reverse of the leave form has been read.

To determine a non-teaching employee’s eligibility for Family and Medical Leave, it is necessary for the time keeper at the employee’s work site to calculate the hours worked for the twelve (12) months preceding the date the leave is to begin. The calculation form is to be used for preparing this information. Instructions for completion are found on the reverse of the form. When completed, the calculation form is signed by the person preparing it and attached to the leave request with other required documents. The doctor’s statement is to be attached to the leave request and must contain the following information:

When the request for leave is for an employee’s own serious health condition, the statement must indicate:
1. If the employee is unable to perform work of any kind, or
2. If the employee is unable to perform any one or more of the job’s essential functions, including specific information on the essential functions that the employee is unable to perform; or
3. If the employee must be absent from work for treatment and/or other specific reasons related to the employees' condition(s).
When the request for leave is for an employee to care for a spouse, child, or parent with a serious health condition, the statement must indicate:
1. If the patient requires assistance for basic medical needs, personal needs, safety or transportation; or
2. If the employee is needed to provide psychological comfort to the patient or to assist in the patient’s recovery; or
3. If the employee is needed to provide care only intermittently and if so, the statement must indicate the probable duration of the needed care.

Revised 8/03
Revised 9/03
Revised 5/05
Revised 12/05
Revised 9/5/24