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SUBFINDER »
Administrative Employment Guidelines
| Handbooks | Welcome / Table of Contents | Section: 1 | 2 | 3 | 4 | Appendices
II. BENEFITS
A. Fringe Benefits
During the month of September, each continuing administrator
will certify in which of the following optional programs
he/she wishes in to enroll:
- Health insurance
- Disability Insurance
- Life Insurance
- Dental Insurance
- Vision Insurance
Eligibility for enrollment or re-enrollment in the district insurance plans after a leave of absence is dependent upon any applicable provisions and underwriting guidelines of the insurance companies.
Each employee who purchases a district single health insurance policy through the Educators Health Alliance will receive $325 per month and each employee who purchases a district family health insurance policy through the Educators Health Alliance will receive $450 per month toward that purchase in 2006-2007. In 2007-2008, each employee who purchases a district single health insurance policy through the Educators Health Alliance will receive $350 per month and each employee who purchases a district family health insurance policy through the Educators Health Alliance will receive $600 per month toward that purchase.
A summary of these options may be found in the Employee
Benefits booklet that is posted on the LPS website.
B. Enrollment in Insurance Programs
New employees have 31 calendar days after their first day
of employment to enroll in any of the insurance programs
(vision, dental, disability, life insurance, and health
insurance) provided by the school district. However, since
insurance premiums are pre-paid, applications must be received
by Human Resources before the 10th of the month to be effective
the 1st of the following month.
Annually, current employees may enroll during the month of September, however some coverages may not be available or there may be restrictions on the coverage.
Refer to the current Employee Benefits Handbook for more details concerning timelines, qualifications, coverages and restrictions.
Public Law 99-272 (COBRA) entitles some employees and dependents
to continue insurance coverage after employment termination.
Please refer to Appendix C or
call Human Resources, 436-1593 for more information.
C. Employee Flexible Benefit Plan
Lincoln Public Schools provides for its employees a complete
IRS Section 125 Plan which is called the Employee Flexible
Benefit Plan. Participants in this plan use pretax dollars
from their salary or fringe allocation for any combination
of the following: 1) to pay premiums on district-offered
insurance plans; 2) to pay medical expenses which are
not covered under their health insurance plan or are not
reimbursed from other sources; and 3) to pay eligible dependent
care expenses. The primary purpose for participating in
the flexible benefit plan is the tax savings that results
from using pretax dollars for the expenses described above.
New administrators may enroll in this plan during their
first thirty (30) days of employment with the school district
while continuing administrators may enroll during the September
open enrollment period. Call Human Resources, 436-1593,
for more information about this plan.
D. Death Benefit
The Board of Education provides a $15,000 death benefit
for the beneficiary of each administrator. Employees should
notify the Human Resources Office of any changes in beneficiary
that may have occurred since they began employment with
the district.
E. Tax-Sheltered Annuities
A tax-sheltered annuity program (TSA) is available to all
employees. Under this program, income is deferred until
a certain age (generally 65). Usually at retirement age
the deferred income is reported for income tax purposes.
Administrators may refer to Business Affairs Bulletin #2
(BA #2) for more information or call Accounting, 436-1703.
Information concerning the program and the vendors is also
included on the LPS web site.
F. Employee Assistance Program (Policy Regulation 4630.1)
Lincoln Public Schools recognizes that
a wide variety of problems not directly associated with
one's job function can have an effect on an employee's job
performance. In most instances, the employee will overcome
such personal problems independently and the adverse effect
on job performance will be negligible. However, for some
employees professional assistance will be necessary.
The Lincoln Public Schools, in cooperation with the Continuum
Employee Assistance Program, has training programs for supervisory
and other appropriate personnel. The training will help supervisors with early recognition
of behavior or medical problems adversely affecting job
performance and provide supervisory techniques and strategies
to assist proper usage of the Continuum Employee Assistance
Program.
It shall be the policy of the district to encourage employees
to seek help through effective treatment. Enlightened attitudes
and honest acceptance of human problems is acknowledged
and endorsed by the Lincoln Public Schools to encourage
an employee to take advantage of this service. To the extent
possible, the Lincoln Public Schools shall encourage self-referrals.
No employee's job security or promotion opportunities will
be jeopardized by requesting or receiving assistance or
treatment.
Types of Referrals
Referrals to the Continuum Employee Assistance Program will
be either by (1) a self-referral by the employee or (2)
a supervisory referral.
Mandatory Supervisory Referrals
When an employee's performance at work is negatively impacted by events in their life or the lives of their families, supervisors may refer the employee to Continuum after consultation with the Associate Superintendent for Human Resources.
The employee must comply with any mandatory supervisory referrals for diagnosis and cooperate with prescribed counseling or therapy.
Unacceptable job performance will continue to be addressed regardless of the employee's participation in the employee assistance program.
Leave
Employees may utilize applicable leave for treatment or rehabilitation. The district will not be obligated
to pay fees of referral agencies.
Dependents
Since employee work performance can be affected adversely
by the problems of his/her spouse or other dependents, the
program is available to the families of the employee.
Confidentiality
All records of employees seeking assistance either through self-referral or supervisory referral shall be kept strictly confidential. Self-referrals will not be noted in any official records or in the employee's personnel file.
G. Direct Payroll Deposit
Administrators are required to have automatic deposit of
their payroll checks to financial institutions that will
accept ACH deposits. Bank Deposit Authorization forms are
available in every school office and from the Accounting
Department, 436-1710.
H. Retirement
Administrators who are considering retirement are encouraged
to schedule a conference with Human Resources early in their
planning process. Call Human Resources, 436-1593, for information
or to make an appointment.
Human Resources schedules a retirement planning orientation
session for certificated employees each year during February
or March. The purpose of the meeting is to provide information
about the retirement process and to answer questions. Administrators
are not obligated in any way by attending the session.
To begin the process of retirement, administrators must
first submit a completed “Change of Status”
form to Human Resources.
1. Social Security
All employees are covered by provisions of the national Social Security Act.
2. Nebraska School Employees Retirement System
The Nebraska School Employees Retirement System is a retirement program for all eligible public school employees administered by the State of Nebraska to provide funds for granting retirement benefits. To become familiar with the provisions of the State Retirement program, you should obtain a copy of the latest brochure from the State Retirement Office, 471-2053. Extra copies may also be available from the Human Resources Department, 436-1593.
Upon termination or separation of employment prior to retirement eligibility, an employee may apply in writing to the Retirement Office, 1221 N St., Suite 325, Lincoln, for return of the employee’s contributions made to the Nebraska School Employees Retirement System (471-2053).
I. Temporary Incentive Program
A Temporary Incentive Program shall be available to Lincoln
Public Schools administrators on an optional basis in 2006-2007. The Temporary Iincentive Program shall
be available on the administrator’s 55th birthday
and succeeding years as hereafter defined. An administrator
must have completed ten (10) years of credited service to
the Lincoln Public Schools in order to be eligible for the
Temporary Incentive Program (TIP). An administrator may waive his/her TIP payment in order to receive an increased payment per hour for the sell of unused annual leave. Those administrators who choose to take the Temporary Incentive Plan (TIP) payment will receive $8.00 per hour and those who waive the TIP payment will receive $22.00 per hour as payment for unused annual leave (see page 34?) for details concerning the eligibility for the sell of annual leave).
Credited service shall mean employment as an administrator
within Lincoln Public Schools or as a certificated employee
of the Lincoln Public Schools, except that authorized leaves
of absence without compensation shall be excluded. Full
and partial years of credited service shall be added together
to calculate a total amount of credited service. Employees
shall not be eligible for this plan should they be on unpaid
leave in excess of one year prior to retirement unless that
unpaid leave is due to health reasons for which the employee
utilized all available annual leave.
1. Benefits
The total benefit will be the sum of total service benefit and the administrative service benefit.
a. Total Service Benefit - The total service benefit amount shall be calculated based on total years of credited service to Lincoln Public Schools accrued at the age of 55. Said benefit shall be calculated at age 55 and shall remain constant during the entire eligibility period. No additional credited years of service shall be accumulated after age 55.
(1)The first ten (10) years of credited service shall be valued at $200 per year.
(2)The next ten (10) years of credited service shall be valued at $400 per year.
(3)All additional years of credited service shall be valued at $800 per year.b. Administrative Service Benefit - Administrators will receive $500 for each year of service as an administrator in the school district, through the year they are first eligible for reduced social security retirement insurance benefits payable upon retirement from the school district.
2. Payment
Administrators retiring under this section will be paid the amount due under this plan on or after September 15 of the following school year, subject to the provisions of the district non-elective 403(b) plan and the district’s HRA plan.
For retirements after September 1, 2006 and prior to February 1, 2007, a payment for the Temporary Incentive Program, upon retirement, which meets the qualifications of the district non-elective 403(b) plan, will be paid through a contribution to such plan subject to the annual contribution limit under Internal Revenue Code (IRC) section 415. Any amount in excess of the annual contribution limit of IRC section 415 will be contributed to the plan as soon as administratively feasible over a period not to exceed five years following retirement. The amount contributed to the plan on behalf of the participant in the years following retirement must satisfy the contribution limits under IRC section 415 each year.
For Administrators retiring after February 1, 2007, a payment for the Temporary Incentive Program, which satisfies the qualifications of the District’s non-elective 403(b) plan and the District’s Health Reimbursement Arrangement (HRA) plan, will be paid as follows:
- 50% of the amount payable will be contributed to the District’s non-elective 403(b) plan, subject to the annual contribution limit under Internal Revenue Code (IRC) section 415, and
- 50% of the amount payable will be contributed to the District’s HRA plan.
Any non-elective 403(b) amount payable in excess of the annual contribution limit under Internal Revenue Code (IRC) section 415 will be contributed to the participant’s account in the non-elective 403(b) plan as soon as administratively feasible over a period not to exceed five years following retirement. The amount contributed to the non-elective 403(b) plan on behalf of the participant each year following retirement must comply with the annual contribution limits under IRC section 415 each year.
3. Application
An administrator desiring to receive the benefits of this plan must notify the Human Resources Office by January 15 of the year of retirement. This deadline maybe waived by the Associate Superintendent for Human Resources due to extenuating circumstances. Retirement shall be effective as of July 1 of that year unless another date is approved by the Associate Superintendent for Human Resources.
4. Source of Funds
The school district shall pay the entire cost of this plan.
5. Administration
This plan shall be administered by the Board of Education.
6. Health Insurance
Administrators retiring under the provisions of this plan may be allowed to continue enrollment in the school district’s health insurance programs, as governed by COBRA regulations and the underwriting guidelines of the policies. Please note: In order to be eligible for Blue Cross/Blue Shield’s Direct Bill plan as an early retiree, the employee, his/her spouse and dependents must have a minimum number of months of continuous coverage under the Educators Health Alliance group health plan at the time of leaving the school group.
Please refer to the Employee Benefits booklet for more information about any of these plans or call Human Resources, 436-1593.
7. Changes in Regulations or United States Supreme Court Opinion
In the event the Equal Employment Opportunities Commission (EEOC) adopts regulations or the United States Supreme Court issues an opinion which invalidates this Temporary Incentive plan (TIP) as outlined in this section, the plan shall be null and void.
J. Job-Related Travel and Expenses
Employees requesting reimbursement for traveling expenses must obtain the Business Affairs publication, "Travel and Expense Guide" prior to travel. The employee must comply with these rules in order to receive reimbursement.
- Mileage
Administrators who are required to travel out of the district on behalf of the school district shall be reimbursed for expenses at the allowable mileage rate determined by the State of Nebraska, unless otherwise required by law.
Administrators receive annual compensation for in-district travel. Current allotments are provided below:
High School Principals $ 1,095.09Middle Level Principals $949.33Elementary Principals $821.64Assistant/Associate Principals $731.35Athletic Directors $949.33LPSDO Staff Range $1,040.91 - $1,424.00The allowances for the 2007-2008 school year will be adjusted proportionally to any adjustment of the per-mile reimbursement paid by the district as of July 1, 2007.
2. Meals
Actual out-of-pocket expenses for meals related to travel on behalf of the district will be reimbursed to a maximum per diem as outlined in Business Bulletin #20.
3. Other Expenses
A line item will be included in the budget for recovering reimbursable out-of-pocket expenses related to miscellaneous job-related expenses. Submit requests to the Office of the Superintendent.
K. Professional Growth Experiences
Administrators are encouraged to develop and follow a professional
growth plan during their tenure with Lincoln Public Schools.
The source of funds for these professional growth activities
will vary depending upon the administrative position. Some
administrators receive professional development funds as
part of their own budget or the budget developed within
their department. For many administrators, however, professional
growth activities are funded by an annual allocation coordinated
by the office of staff development. The guidelines for this
annual allocation are described in the following paragraph.
All administrators are advised to clarify funding of their
professional growth activities with their supervisor.
Many administrative positions carry an annual allocation
of funds to be used for professional growth experiences
not sponsored by the district. Administrators are notified
annually of the amount of their professional growth allocation.
Funds allocated for use during a given school year but not
used during that year may be carried forward for use during
the next school year only. The accumulation of professional
growth allocation funds by an administrator cannot be greater
than the total amount for two years. Administrators may
draw from their allocation by submitting a reimbursement
request well in advance of the planned function. The reimbursement
request will be approved or disapproved by the office of
staff development.
L. Leaves From Duty (Policy 4640)
Regular attendance is an essential function of every position in Lincoln Public Schools. Employees are expected to be at work on a regular basis. However, there are legitimate reasons for being absent from work and several types of leaves are provided to employees to accommodate these needs. Employees are expected to be at work or use appropriate leave.
Leaves will be provided in accordance with state and federal laws.
Employees are required to utilize appropriate notification and approval procedures for all leaves. In the case of communicable disease outbreak, other public health emergency or any situation in which on or more schools must be closed, the Associate Superintendent for Human Resources will determine what applicable paid leaves, if any, may be utilized by staff.
- Annual Leave
Full-time administrators shall receive 15 days (120 hours) of paid annual leave each year. This includes full-time administrators with less than a twelve-month (260-day) work assignment. The fifteen (15) days will be prorated for employees who are not assigned to work full days. Annual leave will accrue at the rate of one and one-quarter (1.25) days or ten (10) hours per month. Accumulation of unused annual leave shall be without limit. Annual leave may be used as sick leave or emergency leave. When administrators have used all fifteen (15) days of current annual leave, they may use accumulated leave as sick leave.
Annual leave is not to be used as vacation leave.
Use of Annual Leave as Sick Leave Provision is made for use of annual leave as sick leave during the course of the contract. Absence due to personal injury or accident not arising in the course of employment, absence due to illness of a person residing in the same home as part of the family, and also children, parents, parents-in-law, and siblings not residing in the same home, and absence due to quarantine laws of the State are interpreted as eligible for annual leave. In addition, an administrator who is temporarily disabled from a medical standpoint by reason of pregnancy, childbirth, false pregnancy, termination of pregnancy and child delivery is within this provision for the period of such medical disability. Annual leave is classified as current or accumulative.
The following items relate to the use of annual leave for health reasons:- If the period of physical disability occurs during the term of his or her contract period, the employee will receive pay for the actual contract days lost due to the disability up to the amount of accumulated annual leave. No annual leave or any other paid leave will be granted for non-contract days.
- If an administrator requests, and is granted a leave of absence, and thereafter becomes physically disabled, he or she will not receive any annual leave pay.
- If a member of the immediate family is recommended for treatment through the Employee Assistance Program counselor, an administrator may use accumulated annual leave for the duration of the prescribed treatment, but not to exceed fifteen (15) working days per incident.
- Administrators who have exhausted their cumulative annual leave may borrow up to ten (10) days of the next year's allotment. If the administrator resigns before earning the borrowed days from the succeeding year, the administrator will have his or her pay reduced before final payment is made. Should illness, however, be the reason leading to resignation or termination, the administration shall not be required to pay back the borrowed days.
- An administrator may request permission of the superintendent to use annual leave days for absences during an extended family illness or crisis that lasts beyond their current accumulated annual leave.
Holidays as annual leave. Holidays occurring within the period that the administrator is absent shall not be charged against current or cumulative annual leave.
Vacation as annual leave. Any administrator having available vacation credit at the time of personal illness, personal injury, and/or compensable injury may elect to use it in lieu of annual leave.
Absences due to illness in cases of administrators receiving vacation allowances shall be interpreted as "continuous service" and vacations shall be granted as per contract. A physician's statement is required.
Absence when annual leave is exhausted. Persons absent due to illness and using time beyond current annual leave are required to file with the Human Resources Office a physician's statement stating the nature of the illness and the request for continued absence. A similar physician's statement may be required periodically after 30 days of absence until the individual returns to work or all of the cumulative annual leave has been used.
Administrators who have exhausted their accumulated annual leave and are under the care of a physician may request up to twenty (20) continuous working days of extended annual leave. A five-day waiting period will take place prior to the administrator's use of this leave. If an administrator has exhausted the twenty (20) days of extended annual leave and continues to be under the care of a physician, the administrator may request an additional twenty-five (25) days of extended annual leave after ten (10) days of leave without pay have elapsed. Extended annual leave pay will be 50 percent of the administrator's daily rate of pay.
After the total accumulated annual leave is used, pay for absences not covered by accumulated time shall be deductible at the daily rate of pay as computed in accord with the terms of the contract of each employee.
Return to work. (Policy Regulation 4640.1)Paid leave for personal illness will not be authorized after five days without presenting a statement from the treating physician for approval by Human Resources.
Employees who have an accident (regardless of where or when) resulting in injury or treatment; have a major health issue such as loss of consciousness, heart attack, stroke, etc.; or a major illness must have a release to return to work that details dates of treatment, diagnosis, and whether or not there are any physical restrictions. The release must be presented to Human Resources for approval to return to work.
All health-related absences of five or more days require a written statement from the treating physician stating that the employee is physically able to return to duty. Supervisors may request a release to return to work at any time they deem circumstances warrant. The release must be presented to Human Resources for approval to return to work.
Employees released to return to work with restrictions must provide written documentation to the supervisor in advance of the designated return date. The supervisor will confer with Human Resources to determine if and when the employee is able to return to work.
Reporting illness. When administrators are ill, they are to inform their immediate supervisor and make other appropriate work-related arrangements.
Pay for Accumulated Annual Leave. Administrative employees who separate from Lincoln Public Schools during the 2006-07 school year following ten (10) years of employment as an administrator or as a certificated employee within Lincoln Public Schools will receive eight dollars ($8.00) or twenty-two dollars ($22.00) per hour for each hour of accumulated annual leave. Those administrators who choose to take the Temporary Incentive Plan (TIP) payment will receive $8.00 per hour and those who waive the TIP payment will receive $22.00 per hour. In the 2007-2008 school year, administrative employees who separate from Lincoln Public Schools following ten (10) years of employment as an administrator or as a certificated employee within Lincoln Public will receive $22.00 per hour for each hour of accumulated annual leave.The accumulated annual leave held by continuing administrators at the end of a contract year will be carried into the succeeding contract year to become part of their accumulated annual leave and will have the value per hour upon separation from the district as listed above.
An administrator desiring to receive the payment for accumulated annual leave must notify the Human Resources Office by January 15 of the year of retirement. This deadline maybe waived by the Associate Superintendent for Human Resources due to extenuating circumstances. Retirement shall be effective as of July 1 of that year unless another date is approved by the Associate Superintendent for Human Resources.
Administrators retiring during the 2006-07 school year will be paid the amount due under this plan by September15, 2007, subject to the provisions of the district non-elective 403(b) plan and the district’s HRA plan.
For retirements after September 1, 2006 and prior to February 1, 2007, a payment for unused accumulated leave upon retirement, which meets the qualifications of the district non-elective 403 (b) plan, will be paid through a contribution to such plan subject to the annual contribution limit under Internal Revenue Code (IRC) section 415. Any amount in excess of the annual contribution limit of IRC section 415 will be contributed to the plan as soon as administratively feasible over a period not to exceed five years following retirement. The amount contributed to the plan on behalf of the participant in the years following retirement must satisfy the contribution limits under IRC section 415 each year.
For Administrators retiring after February 1, 2007, a payment for the accumulated annual leave, which satisfies the qualifications of the District’s non-elective 403(b) plan and the District’s Health Reimbursement Arrangement (HRA) plan, will be paid as follows:
- 50% of the amount payable will be contributed to the District’s non-elective 403(b) plan, subject to the annual contribution limit under Internal Revenue Code (IRC) section 415, and
- 50% of the amount payable will be contributed to he District’s HRA plan.
Any non-elective 403(b) amount payable in excess of the annual contribution limit under IRC section 415 will be contributed to the participant’s account in the non-elective 403(b) plan as soon as administratively feasible over a period not to exceed five years following retirement. The amount contributed to the non-elective 403(b) plan on behalf of the participant each year following retirement must comply with the annual contribution limits under IRC section 415 each year.
- Bereavement Leave
A total of not more than five (5) consecutive work days on full pay is allowed each administrator for absence in case of death of the immediate family, defined as spouse, children, mother, father, mother-in-law, father-in-law, brother, sister, son-in-law, and daughter-in-law, grandchild or person residing in the same home as part of the family for the purpose of attending the funeral or attending to matters related to the death. A total of not more than three (3) consecutive work days on full pay is allowed for each administrator for absence in case of death of other members of the family, defined as brother-in-law, sister-in-law, grandparent, aunt, uncle, niece, or nephew for the purpose of attending the funeral or attending to matters related to the death.
Bereavement leave is not limited to five or three days respectively in one year but covers each death in the immediate family that occurs during the year.
An administrator shall be excused for a maximum of one day per year, without loss of pay, to attend funeral services of relatives and/or friends other than those listed above. Additional time required will be charged to annual leave.
- Professional Leave (Policy Regulation 4640.8)
Employees may request paid professional leave for the purpose of attending local, state and national professional meetings, activities or conferences. Paid professional leave may be granted if the District or supervisor determines that the attendance at such meeting or conference will directly benefit the District.
Requests by individual staff members for professional leave and related expenses will be submitted to the staff member's immediate supervisor and/or the person responsible for the budget from which expenses, if allowed, will be paid. The request should be submitted with sufficient time to make appropriate arrangements and to secure a substitute where necessary. Reimbursements of expenses will be provided in accordance with procedures provided by the Business Office. Employees shall not be reimbursed for expenses for any school-business-related or District travel by private or noncommercial aircraft. All school-business-related or District travel by private or noncommercial aircraft is prohibited unless preauthorized by the Associate Superintendent for Human Resources.
Professional leave is defined as time away from an employee's normal work assignment to participate in work-related activities, including, but not limited to professional meetings, staff development, curriculum writing, or supervision at student activities.
Professional leave will not be granted to administrators who attend or participate in commencement exercises of the various colleges and universities; except, any administrator of the Lincoln school district who is a bona fide candidate for a degree shall be granted professional leave.
- Jury Duty (Policy Regulation 4640.7)
Administrators of the district are encouraged to fulfill their citizenship obligation of jury duty. Their salary will continue during time spent in jury service.
Employees shall give their immediate supervisor notice within a reasonable time of receiving a jury summons. If an administrator, upon reporting for jury duty in the morning, learns that he or she is dismissed from jury duty for the remainder of the day, he or she is to resume duties for the balance of the day. When entirely dismissed from jury duty, the administrator is directed to return to work.
Pay may be reduced in an amount equal to any compensation, other than expenses, paid by the court for jury duty.
- Assault Disability
Any administrator missing contract days due to job-related injury as a result of physical assault while within the scope of his/her employment with the Lincoln Public Schools shall not have those days charged against accumulated annual leave days. After five (5) workdays, continued absence is authorized only upon recommendation of the personal physician.
The term "assault and battery" shall be defined for purposes of this section as an assault or battery inflicted within the scope of the administrator's employment. Assault is defined as the threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact; the act of putting another person in reasonable fear or apprehension of an immediate battery by means of an act amounting to an attempt or threat to commit a battery. Battery is defined as the application of force to another, resulting in harmful or offensive contact.
In the event that an administrator of the Lincoln schools should be subject to an assault or battery while within the scope of his or her employment with the Lincoln Public Schools, the administrator should take the following action:- The administrator should immediately notify the Lincoln Police Department of the alleged assault or battery.
- The administrator should notify his/her immediate supervisor of the alleged assault or battery.
- The standard procedures for reporting accidents shall thereafter be followed.
- If the administrator is not satisfied that the prosecuting officials are taking appropriate action with regard to the alleged incident, the administrator may report the same to the office of human resources. The office of human resources should attempt to ascertain the status of any criminal proceedings and coordinate efforts to obtain appropriate action by the prosecuting officials.
- In the event that the administrator wishes to take any civil action to recover his or her damages against the perpetrator of the assault or battery, this is a private legal proceeding; therefore, the administrator will need to obtain his or her own legal counsel to assist in presentation of such claims.
- Administration should recognize that the determination
of what criminal proceedings will be commenced against
the perpetrator of an assault or battery is the function
and responsibility of either the legal department of
the City of Lincoln or the County Attorney of Lancaster
County. The Board of Education has no standing to actually
commence any such proceedings. The Board of Education
will, however, endeavor to assist the administrator
in bringing relevant information to the attention of
the appropriate prosecuting officials.
- Professional Leave to Study or Travel Abroad
Leaves of absence to study or travel abroad do not include provision to accept employment elsewhere during the period of the leave, nor does it provide for "exchange" of administrators between different school systems. All exchange assignments must have board approval.
Permission to be absent from duty without pay for a semester, a year, or other clearly defined period for this purpose may be obtained upon the recommendation of the Superintendent of Schools and the approval of the Board of Education.
- Military Leave (Policy Regulation 4640.2)
Military leave will be granted to the extent required by state and federal law.
Employees must notify Human Resources as soon as they receive notification of activation.
Employees will attach a copy of their orders to their request for leave form when they prepare the request for military leave.
- Civic and Political Leave (Policy Regulation 4640.4)
- Paid Civic Leave for Certificated Employees
A certificated employee appointed to an unpaid position with a city, county or state committee, board or
commission, or who is serving as an officer or on a board, excluding advisory or adjunct, in a community organization, may request civic leave with pay on the appropriate form provided by the Human Resources Division. Human Resources reviews the request and forwards those recommended for approval to the Board of Education. The maximum time approved for paid civic leave will not exceed the equivalent of two (2) work days or fourteen (14) hours per month.A certificated employee requesting or taking leave under this regulation with pay shall be required to keep the school district informed and disclose to the school district any pay or funds received while on civic leave. Failure to comply with this regulation may be considered cause for disciplinary action, including ending employment. A certificated employee on paid civic leave who is paid by another source while on such leave agrees the leave should be unpaid, agrees to reimburse any District pay during such period and agrees the District may deduct from future wages all amounts necessary to fully reimburse any District pay during such period.
- Unpaid Civic Leave for Certificated Employees
Any certificated employee elected, appointed or otherwise, to a paid public office contained in Chapter 32 of the Nebraska Statutes, or serving in any other paid civic, political or public office or position shall be granted civic leave without pay and may be eligible for participation in group insurance programs in accordance with the contract provisions of the carrier. Depending on the public office, leave may be half time, one semester, or other arrangements as developed between the employee and Human Resources.
Prior to submitting their name for public office, certificated employee shall notify the Associate Superintendent for Human Resources in writing of their intent allowing sufficient time for the Board of Education to be notified.
- If the certificated employee wishes to campaign during working hours, a personal leave may be requested.
- A certificated employee who is elected to a state legislature or congress shall be entitled to an unpaid leave of absence for the length of term of office.
- Paid Civic Leave for Classified Employees
A classified employee appointed to an unpaid position with a city, county, or state committee, board or commission, or who is serving as an officer or on a board, excluding advisory or adjunct, in a community organization, may request civic leave with pay on the appropriate form provided by the Human Resources Division. Human Resources reviews the request and forwards those recommended for approval to the Board of Education. The maximum time approved for paid civic leave will not exceed the equivalent of one (1) work day or eight (8) hours per month.
A classified employee requesting or taking leave under this regulation with pay shall be required to keep the school district informed and disclose to the school district any pay or funds received while on civic leave. The Associate Superintendent for Human Resources will make the determination of whether or not reimbursement is necessary. A classified employee on paid civic leave who is compensated for their services shall reimburse the District or agrees the District may deduct from future wages all amounts necessary to fully reimburse any District pay during such period. Failure to comply with this regulation may be considered cause for disciplinary action, including ending employment.
9. Exchange Administrators/Teachers (Policy Regulation 4640.3)
Prior to submitting an application for an exchange teaching position, the employee must request approval from the Associate Superintendent for Human Resources and must also receive Board of Education approval.
A certificated employee on an approved exchange program shall retain all tenure and employment rights upon return from the leave.
10. Vacation Leave
Generally, administrative personnel on 12-month contracts earn two days of vacation leave per month. Vacation leave may be used after three months of service up to the amount earned. During the 2006-07 school year, 23 vacation days will be earned and during the 2007-08 school year, 22 vacation days will be earnedVacation days may be accumulated if not used during a contract year. The maximum number of vacation leave days that can be accumulated is 51.
Administrators upon separation from the District will be reimbursed for a maximum of fifty-one (51) days of unused vacation leave. The payment for unused vacation leave will be at the administrator’s per diem rate.For retirements after September 1, 2006 and prior to February 1, 2007, a payment for unused vacation leave upon retirement, which meets the qualifications of the district non-elective 403 (b) plan, will be paid through a contribution to such plan subject to the annual contribution limit under Internal Revenue Code (IRC) section 415.Any amount in excess of the annual contribution limit of IRC section 415 will be contributed to the plan as soon as administratively feasible over a period not to exceed five years following retirement. The amount contributed to the plan on behalf of the participant in the years following retirement must satisfy the contribution limits under IRC section 415 each year.
For Administrators retiring after February 1, 2007, a payment for unused vacation leave, which satisfies the qualifications of the District’s non-elective 403(b) plan and the District’s Health Reimbursement Arrangement (HRA) plan, will be paid as follows:
- 50% of the amount payable will be contributed to the District’s non-elective 403(b) plan, subject to the annual contribution limit under Internal Revenue Code (IRC) section 415, and
- 50% of the amount payable will be contributed to the District’s HRA plan.
Any non-elective 403(b) amount payable in excess of the annual contribution limit under IRC section 415 will be contributed to the participant’s account in the non-elective 403(b) plan as soon as administratively feasible over a period not to exceed five years following retirement. The amount contributed to the non-elective 403(b) plan on behalf of the participant each year following retirement must comply with the annual contribution limits under IRC section 415 each year.
Holidays occurring within the period that the employee is absent on vacation are not to be charged against vacation leave.
11. Holidays
Administrators on 260-day contracts receive paid holidays as indicated on the 260-day calendar (see Appendix E). One or two additional non-work days may be designated on an annual basis in order to complete the 260-day work calendar. The extra day(s) may be designated as paid or non-paid depending upon the specific calendar for that year.
Generally, a discretionary paid holiday is allowed all administrators on 260-day contracts. The additional day can be used at the discretion of the administrator on any non-student, non-teacher day. During the 2006-07 and 2007-08 school years, the discretionary paid holiday is not available to administrators.
12. Voluntary Leave Transfer for Catastrophic Illness
The Voluntary Leave Transfer gives certificated staff the opportunity to help fellow employees by donating annual leave to employees faced with serious personal or family medical conditions that require their absence from duty for a prolonged period of time.
In order to be a leave recipient an employee must:a. Be an administrator.
b. Exhaust all other types of available leave.
c. Provide the Associate Superintendent for Human Resources, or their designee, with written confirmation from a physician on the approved LPS form that the employee or immediate family member is suffering from a medical condition requiring the employee be absent from work. For purposes of this program, immediate family shall be defined as family members residing in the same home as well as children, parents, parents-in-law and siblings not residing in the same home.
After the Associate Superintendent for Human Resources has approved an employee as a leave recipient, certificated staff may either donate annual leave to the leave account of the recipient. (It should be noted that Federal law prohibits the donation of accumulated leave for this purpose.) Said donation shall be submitted in writing on the form provided by the Human Resources Office for this purpose.
Approved leave recipients may solicit leave donation from within their own building and/or use District communication channels. In order to protect employee privacy, no solicitation of leave shall be undertaken without their prior approval.
Leave shall be requested in a block of time not greater than 33 days and not greater than the remainder of the current school year. An employee may use a maximum of 33 days of donated leave within one school year. The donation shall be made in whole day increments and submitted in writing on the form designated by Human Resources. Leave shall be transferred in the order received and any leave remaining shall be returned to the original contributor.Staff may make additional leave transfer requests if the illness extends beyond the original anticipated date. All leave transfer donations shall be treated as confidential.
Leave may be transferred to and from an employee in another employee group, if that group has a similar leave transfer for catastrophic illness and that group agrees to a reciprocating arrangement with the Association.13. The Family and Medical Leave Act of 1993 (FMLA)
The Family and Medical Leave Act of 1993 (FMLA) requires employers to grant up to 12 weeks of job-protected leave in a 12-month period. FMLA may be used for the birth or adoption of a child; to care for a spouse, son, daughter or parent with a serious health condition; a serious health condition of the employee. Eligible workers must have been employed for at least one year by LPS and have worked 1,250 hours within the 12-month period prior to the first day of the leave.
Employees will be required to substitute remaining applicable paid leave prior to using unpaid leave. In other words, the total of job protected paid and unpaid leave is 12 weeks. During the unpaid leave the school district must pay the same portion of the employee's health, dental and vision insurance if the employee is enrolled in one of the plans offered by the school district, as it did during paid time.The plan year for FMLA is a rolling year. A rolling year is a 12-month period measured backward from the date an employee last used any FMLA leave.
Employees should notify Human Resources, extension 1593, if you wish to apply for provisions of the Family and Medical Leave Act.
Please refer to Appendix B for more details. Any questions regarding FMLA should be directed to Human Resources, 436-1593.14. Unpaid Leave of Absence
When no other leave may be utilized, an administrator may make application for an unpaid leave of absence.
An unpaid leave of absence will not be granted beyond the balance of the school year plus one additional year provided, however, that upon application of the administrator and his/her immediate supervisor, in cooperation with the human resources office, a leave may be specifically extended by the board beyond said period of time. A leave of absence will specify the date of return to duty. During times of leave of absence, an administrator shall retain all provisions as outlined below:a. The right to return to the former position where possible.
b. An opportunity to possibly continue participating in the district's group health, vision, dental and life insurance, but not the disability insurance nor the death benefit plan. Continuation in these plans is entirely at the employee’s expense and is dependent upon the insurance carriers’ underwriting guidelines and all applicable state and federal laws. Refer to the Employee Benefits Booklet and the COBRA information in Appendix C for more information.
c. The right to request an extension of leave of absence a maximum of one (1) additional year with board's approval.
d. Upon return, the Superintendent will determine the placement of the administrator within the appropriate salary range. Factors considered in this placement include the administrator’s placement prior to the leave of absence and any change in assignment.15. Unpaid Leave of Absence (to accept employment elsewhere)
An administrator who has five consecutive years of service may be granted an unpaid leave of absence for up to one year to accept employment elsewhere provided that supportive recommendations are secured from the immediate supervisor and the Human Resources Office and if a suitable one-year replacement can be found.
M. Employee Health Issues (Policy 4920)
Lincoln Public Schools will not discriminate against any employee due to health conditions. However, there are times when it is in the best interest of staff and students for an employee's health condition to be disclosed to the district. Such information shall be treated as confidential, as required by state and federal statutes, and will be divulged only to the extent necessary to protect the employee, other staff and students.
Employees with a major health condition are to advise the Associate Superintendent for Human Resources or designee of the condition. A major health condition is defined as a condition, injury or disease affecting the employee’s ability to carry out the essential functions of the position they hold or a communicable or infectious disease that may be transmitted from person to person. Disclosure is necessary to determine whether steps need to be taken to ensure a safe working and learning environment for the employee, other staff and students.
All employment actions will comply with applicable state and federal statutes.
Communicable and Infectious Diseases (Policy Regulation 4920.1)
Communicable or infectious diseases are conditions which can be transmitted from person to person and are capable of producing significant illness in another person. Communicable or infectious diseases include, but are not limited to: HIV/AIDS, Tuberculosis (TB) and Hepatitis B and C. An employee with a communicable or infectious disease is subject to the same working conditions and performance requirements as any other employee.
In the absence of disclosure of a known communicable condition, the provisions of this regulation shall apply to the employee who has open or draining wounds, demonstrates inability to control body fluids or is otherwise reasonably believed to have a communicable condition that places others at risk of exposure of a communicable disease.
The following procedures shall be followed with respect to an employee who is known to have or reasonably suspected of having a communicable or infectious disease.
- Employees who have or suspect that they have a communicable or infectious disease shall advise the Associate Superintendent for Human Resources or designee. Such information shall be treated as confidential and will not be divulged to other persons or sources except to the extent necessary to ensure a safe working and learning environment for the employee, other staff and students.
- The Associate Superintendent for Human Resources or designee may require employees to provide current medical information or to submit to a medical evaluation if there is a reasonable suspicion that an employee has a communicable or infectious disease. If additional medical testing is necessary at the request of the district, the employee shall participate in such testing and the district will pay for the testing at the facility designated by the district. The Associate Superintendent for Human Resources or designee will notify the employee of the employee’s job status during the period of time necessary for fact-finding and determination of any possible further employment actions.
- When individual employees have been diagnosed with a communicable or infectious disease, determination of whether they should be permitted to continue to be employed in their assignment will be made by a review of each individual case. The Associate Superintendent for Human Resources or designee may enlist the help of the Health Care Response Team (HCRT) for a recommendation concerning possible employment actions. The Associate Superintendent for Human Resources or designee will consider the following factors in making a recommendation:
- The employee's work place and interaction with other persons.
- The physical condition of the employee.
- Whether the employee's condition substantially interferes with the performance of the essential job functions with or without reasonable accommodation.
- Whether the employee poses a substantial possibility of harm to others.
- Based upon the information available regarding the employee’s health situation, the Associate Superintendent for Human Resources or designee may determine the following employment actions:
- Continue employment in the current or different assignment.
- Use paid leave.
- Afford reasonable accommodations as may permit the employee to perform essential job functions.
- Recommend to the Board of Education:
- Leave of absence.
- Reduction in amount of employment.
- Termination.
- Any combination of the above
- If the employee's employment status will be affected, appropriate due process procedures as required by law shall be followed.
An employee's refusal to work with a person with a communicable or infectious disease is not a valid excuse for failure to complete work responsibilities. However, no employee shall be required to work under any condition or perform tasks which unreasonably endangers the individual's health, safety, or well being. Knowledgeable professionals who can discuss the cause of diseases and transmission will be made available to employees with concerns.
This policy shall in all respects be applied consistent with the Americans with Disabilities Act, regulations of the Health and Human Services relating to communicable diseases and other federal and state laws.
Other Illnesses, Injuries or Conditions (Policy Regulation 4920.2)
Employees who have or suspect that they have a condition (including pregnancy), injury or disease affecting their ability to carry out the essential functions of their position shall so advise the Associate Superintendent for Human Resources or designee. Such information shall be treated as confidential and will not be divulged to other persons or sources except to the extent necessary to ensure a safe working and learning environment for the employee, other staff and students.
- The Associate Superintendent for Human Resources or designee may require an employee to provide current or additional medical information.
- The Associate Superintendent for Human Resources may determine that an additional medical evaluation is required.
- The Associate Superintendent for Human Resources or designee will review the medical information and may enlist the help of the Health Care Response Team (HCRT) to determine the employment status.
- Based upon the information available regarding the employee’s health situation, the Associate Superintendent for Human Resources or designee may determine the following employment actions:
- Continue employment in the current or different assignment.
- Use paid leave.
- Afford reasonable accommodations as may permit the employee to perform essential job functions.
- Recommend to the Board of Education:
- Leave of absence.
- Reduction in amount of employment.
- Termination.
- Any combination of the above.
- If the employee's employment status will be affected, appropriate due process procedures as required by law shall be followed.
Health Care Response Team (Policy Regulation 4920.3)
The purpose of the Health Care Response Team (HCRT) is to review information regarding employees’ physical or mental conditions which negatively impact their ability to perform the essential functions and duties of the current assignment and provide a report to the Associate Superintendent for Human Resources.
The HCRT is composed of the Risk Management Specialist, the Americans with Disabilities Act (ADA) Coordinator, the appropriate Human Resources supervisor, the Coordinator of Health Services, a medical doctor appointed by the district, and other members as deemed necessary by the Associate Superintendent for Human Resources or designee.
The Associate Superintendent for Human Resources or designee makes the determination of when it is necessary to convene all or part of the HCRT. The HCRT performs the following:
- Review existing documentation.
- Collect additional or new information.
- Analyze information.
- Confer with employee, supervisors and appropriate experts.
- Evaluate the information provided compared to the essential functions and duties of the current assignment.
- Provide summary information to the Associate Superintendent for Human Resources or designee regarding the employee’s ability to perform the essential functions of the position with or without reasonable accommodations.
Emergency Medical Treatment (Policy Regulation 4920.4)
In the event an employee becomes ill at school, staff will assess the situation. If staff believes the symptoms and circumstances warrant, 911 will be called. If the staff members in the immediate vicinity of the ill employee are unable to or do not have the expertise to evaluate the condition of the ill employee, 911 should be called. The employee will not have the option of declining 911. If 911 determines transport by ambulance is not necessary, staff should contact a family member of the ill employee to transport.
It is not recommended that staff transport employees to the hospital/doctor.
An employee returning to work from emergency medical treatment must provide a release to return to work.
N. Public Health Emergencies (Policy 2501)
In the event of communicable disease outbreak, epidemic or other public health emergency or disaster, the Superintendent or his/her designee will determine the role and activities of the district in coordination with community planning by the local and state public health authorities. As needed, the superintendent may cancel extracurricular activities, close one or more school, designate facilities and personnel for purposes related to community response to epidemic and/or institute other measures as appropriate for the public safety and wellbeing.