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Classified Employee Handbook
| Handbooks | Table of Contents | Sections: 1 & 2 | 3 | 4 | 5 & 6 | 7 | 8 | 9 & 10 | 11 & 12 | Appendices |
VIII. TEMPORARY LEAVES FROM OFFICIAL DUTY
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 accommodate those needs. Employees are expected to be at work or use appropriate leave.
Leaves will be provided in accordance with state and federal laws, and agreements with employee groups.
Employees are required to utilize the appropriate notification and approval procedures for all leaves.
In the case of communicable disease outbreak, other public health emergence or any situation in which one 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.
Any employee who needs to be absent from work, has exhausted all applicable paid leave, and wishes to remain an employee of the District must request a leave of absence. Human Resources reviews the request and forwards those recommended for approval to the Board of Education. A leave of absence is defined as a Board of Education approved absence from work without pay.
The expectation is that employees will not abuse these leaves and will only use them when necessary. Abuse of leave privileges as determined by the employee's supervisor will be subject to discipline, up to and including termination. Employees are expected to make appointments outside of work hours whenever possible.
Reporting Absences - Each employee is required to make written application for leave from duty in advance of each period of absence, except in the case of sick leave or death in the family. In either of those two cases, you are required to report to your immediate supervisor, as soon as possible, that you will be unable to be at work. You should provide specific, truthful reason for your inability to be at work. You should use this same procedure in the event you will, for some reason, be tardy for work.
Request for leave for professional meetings, vacation, emergency, and personal reasons is to be made on a Request for Leave Form. The application form is to be signed by the employee's immediate supervisor and kept on file by the employee's payroll secretary until the leave is taken.
A. Sick Leave (Policy Regulation 4640.1)
Leave for health reasons will be provided in compliance with state and federal laws, including Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA), and employee agreements. Employees must follow the normal absence reporting procedures.
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.
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.
If it is impossible to be at work, your supervisor should be notified as early as possible. Absence due to personal injury/accident; worker's compensation injury; 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 sick leave. Employees may use available sick leave days if they or their spouse are required to participate in an Employee Assistance Program (EAP).
Doctor and dental appointments are to be scheduled outside of normal working hours if at all possible. Time for those appointments that must be made during working hours may be charged against the employee's accumulated sick leave or emergency leave if sick leave is exhausted.
1. Number of Sick Days
The negotiated agreements contain information concerning the number of sick leave days and the accumulation of sick leave. Information concerning the technicians' leave is found in the Technician Addendum. When allowed by the negotiated agreement, sick leave from the previous year is transferred to accumulated leave on September 1.
2. Workers' Compensation
Employees who are injured while working for LPS need to go to their respective health office and report the injury. The health office staff will assist them in completing the necessary paperwork and giving them information on the process and procedures. In addition, staff can contact the Risk Management Office at 436-1760 at any time with questions.
3. Pay for Unused Sick Leave
Please see your negotiated agreement or addendum for this information.
A total of not more than five (5) work days with full pay is allowed each employee for absence in case of death in the immediate family, defined as spouse, child, grandchild, mother, father, mother-in-law, father-in-law, brother, sister, son-in-law, daughter-in-law, or person residing in the same home as a part of the family.
A total of not more than three (3) work days with full pay is allowed for each employee for absence in the case of death of other members of the family, defined as brother-in-law, sister-in-law, grandparent, aunt, uncle, niece or nephew.
Employees may be excused, without loss of pay, for a period of up to four (4) hours to attend a funeral service of friends or relatives other than those listed above. Employees are required to notify their principal or supervisor for approval. A maximum of four hours of this leave can be used per school year. You may request to have this time period extended by use of emergency leave.
The number of emergency days each employee receives is contained in the employee's group's negotiated agreement or the addendum to this handbook. The Associate Superintendent for Human Resources will determine if the absence qualifies for emergency leave. Twenty-four (24) hours notice, when possible, should be given by the employee to his/her immediate supervisor.
The following items are typical of approved requests for emergency leave:
a. Transactions of serious personal business which cannot be arranged at a time other than school hours. (Seeking, preparing for, or working at other employment is excluded.)
b. Legal arrangements which are related to the immediate family of the employee.
c. To comply with court summons.
d. Special examination administered by a university for an advanced degree program.
e. To extend bereavement leave.
f. Immediate family emergencies which are beyond the control of the employee, i.e., surgery, serious illness.
g. Absence of an employee resulting from mandatory pre-induction physical examination requested by the Selective Service System, Reserves and National Guard.
h. To participate in religious observance obligation which cannot be attended prior to or after the normal work schedule.
i. To attend the funeral of a friend, relative, or acquaintance, if not covered by bereavement leave.
j. To attend the graduation or wedding of the employee or members of the employee's immediate family.
k. To extend sick leave when it becomes exhausted.
Emergency leave days (hours) that are unused during the current school fiscal year will roll over and become part of the employee's accumulated sick leave balance. The maximum sick leave accumulation will remain equal to the number of days in the employee's work year.
D. Vacation Leave (if applicable)
Employees who work a twelve (12) month (260-day) work year will accrue vacation monthly. Please refer to your negotiated agreement for the vacation schedule for your employee group. Accrued vacation may be taken on dates approved by the employee's supervisor.
Vacation time earned during one work year must be used prior to the completion of the succeeding work year. The increase in the number of vacation days from one level to the next occurs on the employee's anniversary hire date.
Employees who change from a 260-day work year to a less than 260-day work year during which vacation is not applicable, will be reimbursed for up to one year of accumulated vacation leave.
Upon separation from the district, employees will be reimbursed for up to one year of earned accumulated vacation, unless otherwise noted in the negotiated agreement or addendum.
Twelve (12) month employees are granted paid holidays according to the schedule found in the 260-day calendar produced annually or the group's professional agreement.
Holidays occurring within the period that the employee is absent shall not be charged against vacation leave. Employees on a "no pay" status will not be paid for holidays.
F. Jury Duty (Policy Regulation 4640.7)
Employees 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. Employees are expected to follow absence reporting procedures. If an employee is dismissed from jury duty for the remainder of the day, the employee is to report to work for the balance of the day.
Employees on a work schedule that does not coincide with the general school day schedule shall contact their supervisor upon receiving a jury summons to determine their work schedule during the period of jury duty service. Upon being dismissed from jury duty each day, such employees shall contact their supervisor to receive instructions as to when to report to work that day.
Pay may be reduced in an amount equal to any compensation, other than expenses, paid by the court for jury duty.
G. Civic Leave (Policy Regulation 4640.5)
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.
H. 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 a district leave request form when they prepare the request for military leave.
I. Unpaid Leave for Health Reasons (Policy Regulation 4640.6)
When it is necessary for employees to be absent for personal health reasons, application may be made for unpaid personal leave. To the extent the Family and Medical Leave Act of 1993 (FMLA) is applicable to the leave request, the employee must first use the FMLA provisions (see Section J below). When no other leave may be utilized, an employee may make application for an unpaid leave. Generally, classified employees are not eligible for unpaid leaves of absence other than those required by state and federal statutes.
An employee requesting an unpaid personal leave for an anticipated temporary medical disability must do so as early as possible. The employee should notify his/her immediate supervisor and contact the Human Resources Office to initiate the leave request. Factors considered in the decision-making process include the nature of the disability, the job description, the availability of suitable substitutes, and the welfare of the students.
The Associate Superintendent for Human Resources may recommend to the Board of Education the dates for the beginning of unpaid personal leave and return to work which are in the best interests of the employee and the school district. The decision of whether to grant such leave is entirely at the discretion of the district. A release to return to work from the personal physician will be required upon returning to work.
If an employee is on unpaid leave, the employee does not accrue leave.
If you have health insurance through the District and have questions regarding continuation of insurance, please refer to FMLA, Section J below and Continuation of Insurance/COBRA, Section X.A.3. below.
J. 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; or 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 insurance if the employee is enrolled in one of the plans offered by the school district, as it did during paid time.
Employees should notify Human Resources, 436-1593, if you wish to apply for provisions of the Family and Medical Leave Act.
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.
Please refer to Appendix B for more details. Any questions regarding FMLA should be directed to Human Resources, 436-1593.
K. Voluntary Leave Transfer for Catastrophic Illness
All employees have the opportunity to participate in the voluntary leave transfer program.
The Voluntary Leave Transfer gives employees 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:
- Be a Lincoln Public Schools employee.
- Exhaust all other types of available leave.
- 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, employees may donate annual sick leave. Said donation shall be submitted in writing on the form provided by the Human Resources Office for this purpose. Only unused sick leave earned in the current school year can be donated.
Approved leave recipients may solicit leave donation from within their own building and/or use District or Association 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 30 days and not greater than the remainder of the current 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. Leave may be transferred to and from an employee in another employee group.
A classified employee may use a maximum of 30 days of donate leave within a school year. For the purpose of the donated leave program, a school year is defined as the period of time starting on September 1 and ending on August 31 for 260-day employees and the work schedule calendar for other employees.
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.
