4430 - LEAVES
Leaves differ from absences primarily in terms of the length of time the support staff member is away from his/her assigned responsibilities. When not otherwise specified in a negotiated, collectively-bargained agreement, the following leaves shall be granted in accordance with the conditions established for each type of leave.
SICK LEAVE
In order to properly implement Board policy, these guidelines should be followed when utilizing Sick Leave.
Sick leave may be used for:
absence of the support staff member due to personal illness, injury, pregnancy, or exposure to a communicable disease which could be communicated to other support staff members or to students.
absence of the support staff member due to illness or injury of someone in the support staff member's immediate family. In this section, the support staff member's immediate family is defined as:
a member of the immediate family of the support staff member residing in the home of said support staff member and the support staff member's parents, brother, sister, son or daughter.
The exact number of days granted under this section shall be determined by the circumstances.
absence due to death in the immediate family of a support staff member. In this section, the immediate family of a support staff member is defined as the father, mother, brother, sister, son, daughter, husband, wife, grandmother, grandfather, father-in-law, mother-in-law, brother-in-law, sister-in-law, or any other relative of the support staff member as approved by the Superintendent.
The exact number of days granted shall be determined by the family relationship and the circumstances surrounding the death.
The maximum number of days granted under this section shall be five (5).
The filing, by a support staff member, of any willfully false statement concerning the cause or duration of an absence shall be considered by the Board as grounds for suspension or dismissal.
A sick leave day, once commenced, may be reinstated as a working day only with the approval of the Superintendent or designee.
Whatever the claims of disability, no day of absence shall be considered to be a sick leave day on which the support staff member has engaged in or prepared for other gainful employment, has participated in a concerted work stoppage, or has engaged in any activity which would raise doubts regarding the validity of the sick leave request.
Records of Sick Leave
The personnel records of this Corporation shall show the attendance of each support staff member and such days as that support staff member may be absent shall be recorded with the reason for such absence noted. A record shall be made of the unused sick leave days accumulated by each support staff member.
FAMILY CARE LEAVE
Any staff member of this Corporation may request a leave of absence for maternity or adoption. The length of the leave shall be governed by considerations for his/her health, the need for continuity in services, and the maintenance of qualified Corporation staff.
The Corporation reserves the right, on the advice of the support staff member's physician, to specify the point at which such leave shall commence, the length of time for which leave shall continue after the disabling event, and the conditions of pay during such leave. It shall require disclosure of anticipated disability or arrival of a child and/or the continuing certification of a support staff member's fitness to perform duties thereafter.
Use of Family Care
Maternity
A staff member must notify the immediate supervisor as soon as pregnancy is confirmed and shall present a written statement, from a licensed physician, setting forth the estimated date of delivery as well as the ability of the staff member to continue working and the advisability of doing so.
Adoption Leave
An adoption leave of absence, without pay, may be granted full-time staff members once a written request for leave has been submitted as much in advance of the beginning of such leave as possible.
Return from Leave
A staff member who does not return at the end of the leave period shall be considered to have voluntarily resigned.
If complications arise and an extension of leave of absence is requested through a doctor's statement, it will be reviewed by the Board.
MILITARY LEAVE
Requests for military leave shall be made to the Superintendent at least two (2) weeks in advance of impending military service.
For purposes of seniority and placement on the salary schedule, a maximum of five (5) years of absence in the Armed Services of the United States or the auxiliaries thereof shall be counted as service to the Corporation.
Each support staff member must notify the Board of his/her intention to resume employment within thirty (30) days of his/her release or discharge and shall present to the Board evidence of an honorable discharge or a discharge under honorable conditions.
If a staff member is called to active duty because of a war or National/State emergency, the Corporation shall make up the difference between Corporation salary and military pay for a period of one (1) year. In addition, the staff member may return to the same or equivalent position held at the time of call-up.
Requests for training leave may be made by those who are members of the State or National Guard, Naval Militia, U.S. Army, Naval, Air Force, or Marine Reserve, other organizations affiliated with the reserves or by order of the Governor of Indiana. Any staff member on such leave shall receive full compensation and accrue seniority status during the period of leave.
All support staff members shall make every effort to schedule his/her period of training when school is not in session. If the period of training occurs during a school session, the support staff member shall provide the Superintendent with the name of his/her supervisor in the reserves or the militia so that arrangements may be discussed as to the alternatives available if necessary in order to request a change in the service date.
MILITARY FAMILY LEAVE
The Board shall grant an unpaid leave of absence to a support staff member who has been employed for at least twelve (12) months and is the spouse, parent, grandparent, or sibling of a person who is ordered to active duty during one (1) or more of the following periods:
during the thirty (30) days before active duty orders are in effect
during a period in which the person ordered to active duty is on leave while active duty orders are in effect
during the thirty (30) days after the active duty orders are terminated
The Board shall require the staff member to substitute any of his/her earned vacation, personal leave, or other paid leave except for paid medical or sick leave available for leave for any part of the ten (10) day period.
The staff member who chooses to take this type of leave of absence shall provide notice including a copy of the active duty orders if available, to the Board of the date the leave is to begin. This notice is to be given to the Board at least thirty (30) days before the date on which the staff member intends to begin the leave, unless the active duty orders are issued less than thirty (30) days before the date the requested leave is to begin.
The Board may require verification of the staff member's eligibility for the leave. If the staff member fails to provide verification, the Board may consider the staff member's absence as being unexcused.
The staff member must have worked at least 1,500 hours during the twelve (12) month period immediately preceding the day the leave begins.
The leave of absence allowed each year may not exceed a total of ten (10) working days.
After a staff member takes a leave of absence, the staff member shall be restored to:
the position the staff member held before the leave; or
a position equivalent to the position that the staff member held before the leave with equivalent benefits and terms of the negotiated agreement.
The Board is not required to restore a staff member to a position described above if the Board proves that the reason the staff member was not restored to the position is unrelated to the staff member's exercise of his/her rights to request this leave.
The Board shall permit the staff member to continue his/her health care benefits during the leave at the staff member's expense.
ASSAULT LEAVE
In order to properly implement Board policy, the following guidelines should be utilized:
In order to be entitled to assault leave, a support staff member shall complete a signed report on forms approved by the Corporation and submit it to the Superintendent within two (2) work days of the alleged assault.
If medical attention is required, submit a certificate from a licensed physician stating the nature of the disability and its probable duration.
Upon receipt of these documents, the Superintendent shall review the materials and decide within three (3) work days whether to grant the request. The Superintendent may conduct such investigations and interviews as s/he deems necessary to verify the authenticity and severity of the assault.
Requests denied by the Superintendent may be appealed to the Board.
Payment for assault leave shall be at the support staff member's rate of pay in effect at the time of the assault or at such increased rate for which the support staff member may become eligible. Salary hereunder shall be mitigated by any salary compensation the support staff member may receive from any other source.
A support staff member who falsifies a claim for assault leave shall be disciplined by suspension or termination of employment. The Superintendent may require a physician's statement justifying the continuation of the assault leave at any time during the leave.