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414.2 Classified Employee Personal Illness Leave

Code No. 414.2

CLASSIFIED EMPLOYEE PERSONAL  ILLNESS LEAVE

Classified employees are granted ten days of sick leave in their first year of employment.  Each year thereafter, one additional day of sick leave will be granted to the employees up to a maximum of fifteen days.  "Day" is defined as one work day regardless of full-time or part-time status of the employee.  A new employee will report for work at least one full work day prior to receiving sick leave benefits.  A returning employee will be granted the appropriate number of days at the beginning of each fiscal year.  Sick leave may be accumulated up to a maximum of 120 days for classified employees.

Should the personal illness occur after or extend beyond the accumulated sick leave, 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.

Evidence may be required regarding the mental or physical health of the employee including, but not limited to, confirmation of the following:  the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the employee's position.  It is within the discretion of the board and the superintendent to determine the type and amount of evidence necessary.  When an illness leave will be greater than three consecutive days, the employee will comply with board policy regarding family and medical leave.

If an employee is eligible to receive workers' compensation benefits, the employee will contact the board secretary to implement these benefits.

Legal Reference:

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

29 U.S.C. §§ 2601 et seq. (2012)

29 C.F.R. Pt. 825 (2012).

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

1980 Op. Att'y Gen. 605.

1972 Op. Att'y Gen. 177, 353.

1952 Op. Att'y Gen. 91.

Approved 9-13-93 Reviewed    2-19-01     Revised  11-18-2019