409 Licensed Employee Vacations and Leaves of Absence

409.1 Licensed Employee Vacation - Holidays

Code No. 409.1

LICENSED EMPLOYEE VACATION -HOLIDAYS

The board will determine the amount of vacation and holidays that will be allowed on an annual basis for licensed employees.

Vacation for full-time regular employees who work 260 days a year, unless the employee's individual contract indicates otherwise, will be fifteen (15) days.

The vacation may be taken during the school year provided the vacation will not disrupt the operation of the school district.  The employee must submit a request for leave form to the superintendent, who will determine whether the request will disrupt the operation of the school district.  In the case of the superintendent's request, the board will make the determination.

Regular full-time employees who work 260 days a year will be allowed seven (7) holidays per year.  It is within the discretion of the board to set the holidays annually.

Employees who work during the school academic year, whether full-time or part-time, will have time off in concert with the school calendar. 

It is the responsibility of the superintendent to make a recommendation to the board annually on vacations and holidays for employees.

The employee must submit a vacation request to the superintendent, who will determine whether the request will disrupt the operation of the school district.  In the case of the superintendent's request, the board will make the determination.

Legal Reference:

Iowa Code §§ lC; 4.1(34); 20

Approved 9-13-93        Reviewed 7-25-2022      Revised   7-20-2020

409.10 License Employee Extended Illness Leave

Code No. 409.10

LICENSED EMPLOYEE EXTENDED ILLNESS LEAVE

Licensed employees advised of a health condition, which may require absence for more than five days shall inform their supervisor as soon as possible so arrangements can be made for an effective transition of responsibilities to a substitute. "Day" is defined as one workday regardless of full-time or part-time status of an employee.

Evidence may be required about the mental or physical status of the licensed employee to confirm the need for an extended illness leave of absence, the employee's illness, and the ability of the employee to continue work until the beginning date of the extended illness leave.

An employee on extended illness leave shall report for work as soon as the individual is capable of performing work. Upon returning to work, the employee must present medical evidence that the employee is physically capable of returning to and performing the duties required at work. The school district may require additional statements from the licensed employee's physician or other evidence.

Pay provisions for extended illness leave will be coordinated with sick leave. Should personal illness occur after or extend beyond the sick leave accumulated, the employee may apply for disability benefits under the group insurance plan. If the employee does not qualify for disability benefits, the employee may request a leave of absence without pay.

Legal Reference: 

Iowa Code §§ 20; 85.33, .34, .38(3); 279.40 (2013).

Approved    9-13-93     Reviewed 11-21-16       Revised 9-16-2019 

409.11 License Employee Emergency Leave

Code No. 409.11

LICENSED EMPLOYEE EMERGENCY LEAVE

The board realizes an emergency may arise which would necessitate a licensed employee's absence from work which is not covered by another form of leave of absence. Such leave shall be called emergency leave.

Emergency leave must be unforeseen and beyond the control of the employee.

There is no set number of days that may be taken. The leave is dependent upon the need and request of the person needing to take the leave. This leave is not deducted from sick leave. The request shall be made in writing and a written record will be maintained. The superintendent shall have the discretion to grant emergency leave. The superintendent shall determine whether such leave shall be paid leave or unpaid leave.

Legal Reference: 

Iowa Code §§ 20.9; 279.8 (2013).

Approved    9-13-93     Reviewed    11-21-16      Revised  9-16-2019

409.2 Employee Leave of Absence

Code No 409.2

EMPLOYEE LEAVE OF ABSENCE

The board will offer the following leave to full-time regular licensed employees:

  • Personal Illness (Sick) Leave – Leave for medically-related disability or illness
  • Family Sick Leave- Leave to care for a sick member of the employee’s immediate family
  • Bereavement Leave – Leave to mourn the loss of a family member or close friend
  • Professional Leave-Leave to attending professional learing activties
  • Personal Leave – Leave to accomplish personal business that cannot be conducted outside the work day
  • Jury nad Legal Duty Leave – Leave to be excused for jury duty
  • Military Service Leave – Leave for military service, including the national guard
  • Political Leave – Leave to run for elective public office
  • Vacation-Leave offered to 12 month employees
  • Family and Medical Leave-Leave assoicated with the Federal Family Medial Leave Act
  • Temporay Leave - Leave associate with a temporay leave of absence
  • Assocaition Leave-Leave associated with Assocaition activities

The board will offer the following paid leave to full-time regular classified employees:

  • Personal Illness (Sick) Leave – Leave for medically-related disability or illness
  • Family Sick Leave- Leave to care for a sick member of the employee’s immediate family
  • Bereavement Leave – Leave to mourn the loss of a family member or close friend
  • Professional Leave-Leave to attending professional learing activties
  • Personal Leave – Leave to accomplish personal business that cannot be conducted outside the work day
  • Jury nad Legal Duty Leave – Leave to be excused for jury duty
  • Military Service Leave – Leave for military service, including the national guard
  • Political Leave – Leave to run for elective public office
  • Vacation-Leave offered to 12 month employees
  • Family and Medical Leave-Leave assoicated with the Federal Family Medial Leave Act
  • Temporay Leave - Leave associate with a temporay leave of absence

The provisions of each leave offering will be detailed in the Master Contract and/or Employee Handbook.

Leave offered by the district will not be less than what is required by law. In the event of an emergency or unforeseen circumstance, the superintendent may authorize additional paid leave.

Legal Reference:         

29 U.S.C. §§ 2601 et seq.

Pub.L. 116–127

 29 C.F.R. §§ 825; 826.

 Iowa Code §§ 20; 29A; 55; 85; 216; 279.40; 607A.

Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).

Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).

Approved 7-20-2020           Reviewed            Revised   4-12-2021

409.3 Licensed Employee Family & Medical Leave

Code No. 409.3

LICENSED EMPLOYEE FAMILY ILLNESS & FAMILY MEDICAL LEAVE

Unpaid family and medical leave will be granted up to 12 weeks per year to assist employees in balancing family and work life.  For purposes of this policy, year is defined as [insert method for establishing the 12-month period. See the United States Department of Labor’s Fact Sheet 28H for employer options].  Requests for family and medical leave will be made to the superintendent. 

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules.  Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave.  It is the responsibility of the superintendent to develop administrative rules to implement this policy. 

Links:  https://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

                WH-380-E Certification of Health Care Provider for Employee’s Serious Health Condition (PDF)

WH-385 Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave (PDF)

Legal Reference: 

29 U.S.C. §§ 2601 et seq.

29 C.F.R. § 825

Iowa Code §§ 20; 85; 216; 279.40.

Whitney v. Rural Ind. School. District, 232 Iowa 61, 4 N.W.2d 394 (1942).

Approved 9-13-93      Reviewed 7-25-2022     Revised 7-20-2020

409.4 Licensed Employee Family and Medical Leave

Code No. 409.4

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE

 

Legal Reference: 

 

Approved  9-23-2019         Reviewed         Revised  

409.5 Licensed Employee Bereavement Leave

Code No. 409.5

LICENSED EMPLOYEE BEREAVEMENT LEAVE

In the event of a death of a member of a licensed employee’s immediate family, bereavement leave may be granted.  Bereavement leave may be granted to a licensed employee for no more than five consecutive days with ‘day’ being defined as one work day regardless of full-time or part-time status of the employee, per occurrence, for the death of a member of the immediate family. The immediate family includes child, spouse, parent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or grandparent of the employee.

No more than two days of bereavement leave will be granted for the death of a close friend or other relative not listed above.

It is within the discretion of the superintendent to determine the number of bereavement leave days to be granted.

Legal Reference: 

Iowa Code 20; 279.8

Approved   10-11-93       Reviewed  11-21-16      Revised 9-16-2019

409.6 Licensed Employee Political Leave

Code No. 409.6

LICENSED EMPLOYEE POLITICAL LEAVE

The board will provide a leave of absence to licensed employees to run for elective public office. The superintendent shall grant a licensed employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The licensed employee will be entitled to one period of leave to run for the elective public office, and the leave may commence within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent of schools at least thirty days prior to the starting date of the requested leave.

Legal Reference: 

Iowa Code Chap. 55 (2013).

Approved 9-13-93        Reviewed 11-21-16      Revised  9-16-2019

409.7 Licensed Employee Jury Duty Leave

Code No. 409.7

LICENSED EMPLOYEE JURY DUTY LEAVE

The board will allow licensed employees to be excused for jury duty unless extraordinary circumstances exist. The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury duty will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district.  The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.

Licensed employees will receive their regular salary.  Any payment for jury duty will be paid to the school district.

Legal Reference: 

Iowa Code §§ 20.9; 607A (2013).

Approved 9-13-93        Reviewed 2-19-01        Revised  9-16-2019

409.8 License Employee Military Service Leave

Code No. 409.8

LICENSED EMPLOYEE MILITARY SERVICE LEAVE

The board recognizes licensed employees may be called to participate in the armed forces, including the National Guard. If a licensed employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.

The leave shall be without loss of status or efficiency rating and without loss of pay during the first thirty calendar days of the leave.

Legal Reference: 

Iowa Code §§ 20; 29A.28 (2013).

Approved 9-13-93    Reviewed 11-21-16     Revised  9-16-2019

409.9 Licensed Employee Unpaid Leave

Code No. 409.9

LICENSED EMPLOYEE UNPAID LEAVE

Unpaid leave may be used to excuse an involuntary absence not provided for in this or other leave policies of the board. Unpaid leave for licensed employees must be authorized by the superintendent.

The superintendent shall have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent shall consider the effect of the employee's absence on the education program and school district operations, length of service, previous record of absence, the financial condition of the school district, the reason for the requested absence and other factors the superintendent believes are relevant to making this determination.

If unpaid leave is granted, the duration of the leave period shall be coordinated with the scheduling of the education program whenever possible to minimize the disruption of the education program and school district operations.

Whenever possible, Licensed employees will make a written request for unpaid leave two days prior to the beginning date of the requested leave. If the leave is granted, the deductions in salary are made unless they are waived by the superintendent.

Legal Reference: 

Iowa Code §§ 20; 85; 85A; 85B; 2?9.12; 509; 509A; 509B.

Approved 9-13-93        Reviewed 11-21-16        Revised  9-16-2019