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CHAPTER 7
PERSONNEL
SUB-CHAPTER 7.1 - GENERAL PERSONNEL POLICIES
SECTION 7.1.1 – DEFINITIONS
- SCHOOL BOARD EMPLOYEE - a person, other than an independent contractor, hired by the York County School Board at a specified rate of pay to render service in the York County School Division under the direction and control of another School Board employee. Individual School Board employees fall into one or more of the following categories:
Full Time
Part Time
Licensed
Non-Licensed
Permanent
Probationary
Administrator
Supervisor
For purposes of this definition the Division Superintendent is not an employee of the Board. Rather the Superintendent is the Chief Executive Officer of the School Division whose services are retained by a negotiated contract with the County School Board.
- FULL TIME EMPLOYEE - an individual who by reason of employment is eligible for all benefits offered by the School Board to its employees. Full time employees are hired by the School Board upon recommendation of the Division Superintendent. Given the nature of a school division’s operations, full time status is a matter of definition by the School Board upon recommendation of the Division Superintendent, rather than by working a specified number of hours in a fiscal year. Full time employees can fall into one of the following sub-categories of the School Board Employee Pay Plan:
12 month employee#
11 month employee#
20 month employees#
#Defined in the Pay Plan
- PART TIME EMPLOYEE - a person hired by the School Board upon the recommendation of the Superintendent to fill a temporary position or a permanent position expressly identified by the Superintendent as a part time position. A part time employee is eligible only for those benefits expressly authorized in Section 7.1.13 for part time employees.
- LICENSED EMPLOYEE
- A licensed employee is a person holding a license issued by the Virginia Department of Education (DOE), employed by the School Board and assigned to a position specified by DOE as requiring a DOE license holder. NOTE: Registered nurses, holding licenses issued by the Department of Health, are employed by the School Board for positions designated by the School Board, not DOE or the Department of Health. For purposes of Chapter 7 of this Policy Manual, registered nurses are grouped with non-licensed employees with respect to personnel policies and DOE regulations
- Virginia Department of Education regulations govern which positions in the School Division require licensed personnel.
- Under Virginia law the School Board employs a licensed employee either on a continuing contract or on a probationary contract.
- Licensed employees are grouped under the Licensed Employees section of the School Board Pay Plan.
- Employees who hold licenses but who serve in positions for which a license is not required by the Virginia Department of Education are non-licensed employees of the School Board for purposes of School Board policy.
E. NON-LICENSED EMPLOYEE - any employee not defined as a licensed employee.
F. PERMANENT NON-LICENSED EMPLOYEE - any non-licensed full time employee who has worked for the School Board for more than 9 continuous months and who has been endorsed for full time status by the immediate supervisor, the Director of Human Resources, the Superintendent and approved by the School Board.
G. PROBATIONARY NON-LICENSED EMPLOYEE - any full time non-licensed employee who is not a permanent employee. Probationary periods for licensed employees are governed by Virginia law.
H. ADMINISTRATOR - an employee placed by the Superintendent in a leadership position either in a school or in the School Board Office. Administrators include Assistant Superintendents; Directors; Principals; Assistant Principals; and other positions designated by the Superintendent in his annual organization chart presented to the School Board. Administrators can be licensed or non-licensed employees.
I. SUPERVISOR - a full time licensed employee assigned by the School Board to a supervisory position, other than an administrator’s position, for which the Virginia Department of Education requires a license.
ADOPTED: June 20, 1988
REVISED: March 15, 1993; January 26, 1998; August 28, 2000; March 25, 2002
SECTION 7.1.2 - EQUAL EMPLOYMENT OPPORTUNITY (EEO)
The President and the Congress of the United States and the General Assembly of Virginia have enacted laws and issued directives affirming their intent to protect and grant equal opportunities to employees and students. Also, the federal government and Virginia have enacted and enforced laws regarding the quality of employment and equality of opportunities in education.
The York County School Board shall hire, promote, retain, dismiss and/or transfer employees without regard to race, color, creed, sex, national origin, political affiliation, age, disability or belief, except as permitted by state or federal law.
The division superintendent shall take appropriate steps to implement and oversee this policy in accordance with federal and state laws and regulations, including
- designating a Title IX Coordinator and giving notice to employees of his/her identity
- establishing procedures for dealing with complaints and grievances alleging violations of this policy as reported by any employee, student or third party
- training of employees on the policy and complaint/complaint procedures
- Publicizing this policy and the procedures for dealing with reported violations to the general public, to parents and to students and to all employees.
ADOPTED: June 20, 1988
REVISED: March 15, 1993; January 26, 1998
RESTATEMENT: March 25, 2002, June 26, 2006.
LEGAL REFERENCE:
Title VI, Civil Rights Act of 1964
Title VII, Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972
Executive Order 11246, as amended by E.O. 11375
Equal Pay Act, as amended by the Education Amendments of 1972
Title IX, Education Amendments of 1972
Section 504, Rehabilitation Act of 1973
Education for all Handicapped Children Act of 1975
Americans with Disabilities Act
Civil Rights Act of 1991
Age Discrimination Act of 1975, P.L. 94-135
Age Discrimination in Employment Law, P.L. 95-256
SECTION 7.1.3 – NEPOTISM
The School Board will not employ or pay any person related to the Superintendent or any member of the School Board except as provided by law.
ADOPTED: June 20, 1988
REVISED: March 15, 1993; March 25, 1996; March 25, 2002
LEGAL REFERENCE: Code of Virginia, Sections 2.1-349.1
SECTION 7.1.4 - STANDARDS OF CONDUCT
SUB-SECTION A - STAFF CONDUCT AND RESPONSIBILITIES
All employees have a responsibility to be aware of and abide by the laws, School Board policies and administrative regulations which affect their work in the School Division. The School Board expects employees to conduct themselves in a professional and ethical manner. The School Board shall define "professional and ethical manner" as required by facts and circumstances. The teacher will be responsible for leading children and youth to desirable patterns of conduct and behavior. The practice of exemplary conduct in all personal, social and professional affairs is expected of all employees. Manner and dress will at all times be appropriate to the activity of the moment and will be such as to maintain dignity and respect. Standards of appropriate dress will be enforced by the building principal. Any employee charged with a crime (Note: Traffic citations, other than reckless driving and driving under the influence, are not crimes.) must report the charge to his/her supervisor on the next workday following the charge or within 48 hours, whichever is the lesser amount of time.
ADOPTED: June 20, 1988
REVISED: March 15, 1993; January 26, 1998; October 28, 2002
RESTATEMENT: March 25, 2002
SUB-SECTION B - GIFTS TO EMPLOYEES
The York County School Board prohibits employees and their families from accepting personal gifts (as a result of the employee’s relationship with the School Board) from any person, firm, corporation or other entity which is engaged in or endeavoring to engage in procurement activities or business or financial service to the York County School Division. All gifts offered to the School Division must be accepted formally by the School Board. Once accepted, the gifts become the property of the School Board.
This policy does not apply to:
- dinner discussions or other instances where the York County School Division’s interests are served by employee participation in gatherings sponsored by associations for the discussion of matters of mutual interest by those in attendance;
- gifts of advertising valued at less than $5.00;
- gifts given by students to teachers or employees to each other.
ADOPTED: June 20, 1988
REVISED: March 15, 1993
RESTATEMENT: March 25, 2002
SUB-SECTION C - SOLICITATIONS INVOLVING EMPLOYEES
- Solicitation by Staff Members
- No employee of York County School Board will engage in the solicitation of funds as a representative of a school or the School Division without the prior consent of the School Board.
- Solicitation of Staff Members
- Solicitation of staff members for non-school related activities on school grounds or during any school sponsored activities is prohibited except as expressly authorized by the Superintendent.
ADOPTED: June 20, 1988
REVISED: March 15, 1993
RESTATEMENT: March 25, 2002
SUB-SECTION D - POLITICAL ACTIVITIES
The Board recognizes the right of its employees to engage in political activity including candidacy for elected office. However, no employee will solicit support for any political candidate or political issue during regular work hours on school property.
ADOPTED: June 20, 1988
REVISED: March 15, 1993
RESTATEMENT: March 25, 2002
SUB-SECTION E - EMPLOYMENT OUTSIDE THE SCHOOL DIVISION
No employee of the Board will take advantage of his position in the school division to promote or to sell any educational aids to York County School Division students or their parents.
- Selling Within the York County Schools - Prohibited
Selling or promoting materials, services or goods by an employee to other employees or the public during work hours or on school property at any time is prohibited except that the Division Superintendent or his designee can authorize exceptions for specific fund raising activities.
No School Board employee may accept any commission from any person or persons doing business with the York County School Board.
The York County School Board considers employment by the School Board to be the School Board employee’s primary job. The School Board expects peak performance on the job by its employees. Employees of the School Board may accept outside employment provided that such employment does not interfere with or affect the quality of performance for which the School Board hired the employee. Employees are required to report all outside employment in accordance with procedures established by the Division Superintendent.
ADOPTED: June 20, 1988
REVISED: March 15, 1993; January 26, 1998
RESTATEMENT: March 25, 2002
SECTION 7.1.5 - COMMUNICATIONS BETWEEN BOARD AND EMPLOYEES
See Section 11.1.4.
SECTION 7.1.6 - CONDITIONS OF EMPLOYMENT
SUB-SECTION A - HEALTH AND SAFETY REQUIREMENTS
As a condition to employment, every employee of the School Board will submit on the prescribed form a certificate signed by a licensed physician or by a registered nurse licensed pursuant to Board of Nursing regulations stating said employee appears free of communicable tuberculosis. The certificate is to be based on recorded results of X-rays, skin tests and other examinations, singly or in combination, as deemed necessary by the physician that have been performed within the 12 months’ period immediately preceding employment.
The Board will consider on a case by case basis any recommendation from the Superintendent to exclude an employee for contagious and infectious disease as provided in state statute.
ADOPTED: June 20, 1988
REVISED: March 15, 1993; February 22, 2000; March 25, 2002
LEGAL REFERENCE: Code of Virginia, Sections 22.1-300 and 22.1-272
SUB-SECTION B - CRIMINAL RECORD SCREENING
As a condition of employment, new employees will be required to grant permission to have their fingerprints submitted to the FBI and the Virginia Central Criminal Records Exchange for data or absence of data on criminal convictions, including child abuse or child molestation.
ADOPTED: January 28, 1991
REVISED: March 15, 1993; March 25, 2002
LEGAL REFERENCE: Code of Virginia 22.1-296.7
SUB-SECTION C – CHILD PROTECTIVE SERVICES SCREENING
As a condition of employment, new employees will be required to grant permission to have their fingerprints submitted to the FBI and the Child Protective Services for data or absence of data on criminal convictions, including child abuse or child molestation.
ADOPTED: March 25, 2002
SUB-SECTION D - EMERGENCY PLAN ASSIGNMENTS
Some School Board employees are assigned specific duties required by various York County emergency action plans. Performance of such assignment is a condition of employment and failure to carry out such duties is grounds for dismissal.
ADOPTED: March 15, 1993
REVISED: March 25, 2002
SUB-SECTION E – PERSONAL RESPONSIBILITY FOR ISSUED HIGH VALUE OR SENSITIVE EQUIPMENT
Certain employees are issued high valued or sensitive equipment for the purpose of carrying out their employment responsibilities. High valued equipment consists of digital portable radio units, lap top computers, personal digital assistants, teacher edition textbooks and publishers’ instructional materials. Sensitive equipment consists of building entry keys and York County School Division uniform items used for the purpose of maintaining security in schools and on buses in the school division. Employees issued such equipment and material shall be personally accountable for its’ safe keeping. The Division Superintendent shall ensure employees issued such equipment are aware of their responsibility, including the consequences should such equipment be lost or destroyed as a consequence of the employee’s negligence.
ADOPTED: October 24, 2005
SECTION 7.1.7 – COMPENSATION
SUB-SECTION A – SALARIES AND SUPPLEMENTS
As soon as practical after the Board of Supervisors has approved the operating budget for the next fiscal year, the Division Superintendent shall submit that fiscal year’s Pay Plan for approval. The Pay Plan shall list all mechanisms approved by the Board for remuneration of employees for services rendered and for reimbursement of employees for authorized costs incurred. Supplements shall be paid for a limited number of selected duties which require extensive work time beyond normal contract hours. The Pay Plan shall be structured to be as competitive in the local labor market as available resources permit. The Division Superintendent shall issue the approved Pay Plan as a regulation.
ADOPTED: March 15, 1993
REVISED: June 26, 2000
RESTATEMENT: March 25, 2002
SUB-SECTION B - RETENTION AND RECRUITING INCENTIVES
From time to time, labor market conditions can present challenges either in retaining talented and skilled employees or in hiring such employees. Offers from other public sector or private employers can induce current employees to depart or can prompt prospective employees to decline a position offer in the York County School Division. Such attrition or hiring shortfalls can create serious vacancies in either specific certification categories for licensed employees or specific skill sets for non-licensed support staff. These vacancies have an adverse effect on the quality of instruction provided to students. Consequently, it is in the best interest of the School Board to undertake measures to counteract monetary inducements offered by competing employers to employees or potential employees whose skills are in great demand in the labor market. Accordingly, the Division Superintendent, as conditions warrant, will recommend to the School Board:
- retention incentives deemed appropriate for retaining those categories of employees whose certifications or skill sets are in great demand; and
- recruiting incentives deemed appropriate for hiring those categories of employees whose certifications or skill sets are in great demand.
- Such incentives shall be subject to the availability of funding. Any retention or recruiting incentive shall not affect the structure of the School Board’s Pay Plan but shall be paid in addition to regular salary.
ADOPTED: June 20, 1988
REVISED: March 15, 1993; June 26, 2000
RESTATEMENT: March 25, 2002
SECTION 7.1.8 - EXPERIENCE CREDIT FOR STARTING SALARY PURPOSES
SUB-SECTION A - LICENSED EMPLOYEES
- Professional staff, licensed and/or certified, will be given credit for acceptable work experiences based on specific division needs and budgetary conditions at the time of employment.
Experience must be appropriate to the position for which appointment is intended and of a quality similar to that provided by the York County Schools.
Credit for military service will be computed on the basis for year-to-year credit (maximum three years’ credit), if compulsory military service interrupts teaching experience.
Credit for trade and industrial experience will be in accordance with state vocational guidelines.
Final determination of such matters shall be the prerogative of the Division Superintendent.
Experience credit on the administrative salary schedule may be allowed for previous work that relates to the position for which the person is being considered. Placement on the Pay Plan will be determined by the Division Superintendent.
ADOPTED: June 20, 1988
REVISED: March 15, 1993; August 26, 1996
RESTATEMENT: March 25, 2002
SUB-SECTION B - NON-LICENSED EMPLOYEES
Experience credit on the non-licensed salary schedule may be allowed for previous work that relates to the position for which the person is being considered. Placement on the Pay Plan will be determined by the Division Superintendent.
ADOPTED: June 20, 1988
REVISED: March 15, 1993
RESTATEMENT: March 25, 2002
SECTION 7.1.9 - WORK SCHEDULES
- Operating Hours for School Division Facilities
- School Board Office - This facility shall be open to the public from 8:00 A.M. to 5:00 P.M. Monday through Friday throughout the fiscal year except for those dates which have been designated as holidays on the School Board approved school year calendar.
- Schools - School offices will be open to the general public Monday through Friday of the school year as follows: secondary—15 minutes prior to the time classes start until 8 hours and 15 minutes later; elementary schools—8 a.m. to 4:15 p.m. Offices will be closed on dates which have been designated as holidays on the School Board approved school year calendar.
- Classrooms and other facilities within the school will be open during those hours designated by the school principal as necessary to carry out the program of instruction and the authorized extra curricula program. In every case a School Board employee must be present when a school building is open for any purpose.
- Support Operations Offices
- The School Division Warehouse, Maintenance Office, General Services Office, and School Bus Garage will be open on a schedule, approved by the Division Superintendent, each work day of the fiscal year. The Transportation Office shall operate on a schedule, approved by the Division Superintendent, which ensures the reliability and safety of bus transportation services provided to York County School Division pupils.
- Employee Work Hours
- Non-Licensed Employees
- Technical, Maintenance and Clerical staff. Full time employees will work a standard 8 hour day, exclusive of a lunch break which will be without pay. Principals and directors will manage the scheduling and length of lunch breaks for their faculties and staffs. In every case each employee shall have a lunch break each day. More than one work shift may be established for any work day. b. Bus Drivers. Bus drivers’ standard work day will be specified in hours in the bus driver’s contract on the bus routes assigned for the school year.
- Food Service workers, Health Services Paraprofessionals, Teacher Assistants and other non-licensed instructional support staff. Full time employees will work the number of hours specified on their personnel actions for the school year in which they are employed.
- A regular full time employee who is non-exempt under the provisions of the Fair Labor Standards Act and who is required to be available immediately by telephone or beeper after regular working hours and to respond within a reasonable period of time when called is eligible to receive on-call standby pay. The rate of pay shall be listed in the Annual Pay Plan.
- Licensed Employees on School Faculties/Assigned to School-based Programs
- For licensed employees assigned to school faculties/school-based programs, the Board will include in the school calendar each year a number of work days, not to exceed twenty, in addition to the 180 teaching days or 990 hours required by law. Such days will be used for planning, evaluation, in service training, recordkeeping or orientation. Certain employees in this category shall have their contracts extended additional days when necessary to fulfill the duties of their positions.
- The minimum day schedule will be seven hours and thirty minutes. However, teachers will perform such other duties during the school year as are deemed necessary by the School Board, Superintendent or principal for the efficient and successful operation of the school. The Board reserves the right to extend the minimum daily requirement at any time to meet the expectations of the educational program. c. The principal or other supervisory personnel may require personnel to perform the following services beyond the minimum time requirements:
1) self-study - Southern Association - State Accreditation 2) school or division wide staff development activities 3) chaperone - regular day instructional field trips 4) parent group meetings 5) in-school parent-teacher conference 6) orientation program 7) grade level Chairman work 8) IEP development 9) other services necessary for the efficient and successful operation of the educational program
- Registered nurses will work the number of hours specified on personnel actions.
- Directors, Principals, Assistant Principals, Assistants, Managers, Specialists and other employees exempted from the Fair Labor Standards Act
- The School Board views as inappropriate, a specific work schedule for these employees because they occupy management positions in the School Division. Accordingly, the School Board expects them to work as necessary, under the direction of the Superintendent, to discharge their duties regardless of the office hour schedule set for the School Board office or individual school offices. Consequently, salaries for these positions are predicated on job demands which require time both in excess of a nominal 40 hour work week and outside the limits of the nominal 8 A.M. to 5 P.M. workday.
- Flex Schedule
- The Superintendent is authorized to delegate to principals and directors the authority to establish flexible working hour schedules for licensed and non-licensed employees. The Superintendent, if he chooses to exercise this grant of authority, shall establish procedures which ensure compliance with the Fair Labor Standards Act and which also ensure productive work schedules. In no case, however, shall an individual employee work more than ten paid hours per day.
ADOPTED: June 20, 1988
REVISED: March 15, 1993; January 26, 1998;
October 26, 1998; March 25, 2002, May 23, 2006
LEGAL REFERENCE: Code of Virginia, Sections 22.1-291 and 22.1-292
SECTION 7.1.10 - ABSENCE FROM WORK
SUB-SECTION A - UNAUTHORIZED ABSENCE
All absences not covered in the leave plans set forth will be with loss of pay. Employees who fail to report at the time specified by their supervisor will lose full pay for each day’s absence unless the absence is approved by the Division Superintendent. Employees who are absent without good cause are subject to dismissal.
ADOPTED: June 20, 1988
REVISED: March 15, 1993; January 26, 1998
RESTATEMENT: March 25, 2002
SUB-SECTION B - OTHER ABSENCE
- Temporary Absences From Duty
- Licensed personnel assigned to a specific school will not leave the school during the instructional day except on school business or personal emergency. Arrangements must have been made with the Principal before leaving.
- Administrative and Supervisory Personnel
- Administrators and supervisory personnel who must leave work temporarily for a portion of the day will inform the immediate supervisor where he can be located. If the immediate supervisor is absent he will inform another appropriate supervisor in the Central Office. A principal must designate an acting principal for the entire period of any absence from his building.
- Absence of a full day or more will be processed under Section 7.1.11.
- Non-Licensed Personnel
- Non-licensed personnel assigned to specific duty stations will not leave their stations temporarily until arrangements have been made with their immediate superior.
- It will be the responsibility of an employee unable to report to work to notify the appropriate designated authority (as defined by the Superintendent) as early as possible, so that a substitute, if required, can be contacted in time to be present for the opening of school.
ADOPTED: June 20, 1988
REVISED: March 15, 1993; January 26, 1998; March 25, 2002
SECTION 7.1.11 - EMPLOYEE LEAVE
Employees of the York County School Division shall be entitled to specified leave benefits. Categories of leave granted by the Division include:
- Sick Leave
- Family and Medical Leave
- Long Term Medical Leave
- Personal Business Leave
- Annual Leave
- Special Leave (including jury duty, court subpoena, military training, military duty, professional development, summer study, sabbatical and administrative)
- Leave without Pay
To qualify for leave benefits under any of these options, employees shall be required to meet all conditions specifically defined in this policy and to adhere to Division operating procedures as they relate to employee leave matters. Should an employee’s employment terminate for any reason, any unearned leave benefits that had been anticipated shall be deducted at a per diem rate from the final check.
DEFINITIONS: personal illness–physical and/or mental sickness or health condition of the employee immediate family–includes natural parents, foster parents, stepmother, stepfather, wife, husband, children (natural and foster), brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents, grandchildren, grandparents-in-law and any other household member of the employee that physically resides in the employees place of residence. spouse–legal husband or wifechild–person under 18 years of age or older persons who are incapable of self-care because of mental or physical disability son or daughter–include biological, adopted, step-children, legal wards and a child of a person standing in loco parentis (i.e. foster children) serious health condition–in an illness (physical or mental) or injury requiring inpatient or hospital care or continuing health care treatment
reduced work schedule–working hours totaling less than those specified in the employee’s contract, notice of employment or personnel action
SUB-SECTION A - SICK LEAVE
- Sick leave is available to all full and part-time Division employees. Sick leave may be used for any of the following reasons:
- personal illness;
- illness in the immediate family;
- death in the immediate family; and/or
- any religious holiday not recognized on the school year calendar
- An employee may be required to document an absence due to personal illness or illness in the immediate family with a doctor’s certificate, or, in the case of a death in the immediate family, an employee may be asked to provide documentation of a death
- Sick leave is to be used when the employee is out for no more than five (5) consecutive days. Following the fifth day of an absence for any of the above listed reasons, employees who have been employed by the Division for at least one (1) year, and have worked for at least 1,250 hours during the previous twelve (12) months are to follow procedures for using Family and Medical Leave found in Sub-Section B of this policy
- An employee not eligible for Family and Medical Leave, who requires additional sick leave beyond the days available in their individual sick leave account, should follow procedures for requesting Long Term Medical Leave found in Sub-Section C of this policy.
- Sick leave shall be earned at the rate of one day of leave per full month worked. June shall be counted as a full month worked for those employees whose contract requires them to work only until the end of the school year.
- Except for licensed employees, new Division employees are ineligible to claim sick leave until the leave has been earned. An employee who has worked the previous year in the Division and who has sick leave to his credit is entitled to take sick leave at the beginning of the school year even though he may not have reported for duty.
- Sick leave may not be anticipated beyond the current fiscal year. If an employee takes sick leave, for which they are not entitled, or sick leave is unauthorized or they terminate employment before earning any sick leave, the amount of the employee’s daily rate of pay will be deducted from their next pay period or final check for any sick leave taken.
- Unused sick leave will accumulate in an individual sick leave account without limit. A newly hired licensed employee may transfer an unused sick leave balance only from another Virginia school division into their York County sick leave account. Newly hired non-licensed employees, at the discretion of the Superintendent or his designee, may also be permitted to transfer sick leave earned in another Virginia School Division or the County of York employment.
- Upon retirement, an employee can choose to liquidate their unused sick leave as follows:
- To be reimbursed at the rate of $30 per day up to a maximum of 100 days; or B. To enroll in a retiree health program as discussed in Section 7.1.12 D of the policy manual.
- To enroll in a retiree health program as discussed in Section 7.1.12 D of the policy manual.
- All accumulated sick leave shall terminate upon the expiration of employment with the Division except under the following conditions:
- A Licensed employee remaining in the teaching profession may transfer accumulated sick leave to another school division, if the Board of the new division is willing to accept the transfer of leave benefits.
- A licensed employee will be presumed to have left the teaching profession when they accept employment with an employer other than a Virginia public school division or they are unable to work in a Virginia public school for a period of three (3) consecutive years.
- Licensed employees who leave the teaching profession to enter the armed services do not forfeit accumulated earnings unless they fail to return to the teaching profession immediately upon discharge from an original tour of duty in the armed services.
ADOPTED: July 1, 1988
REVISED: July 28, 1992; March 15, 1993; January 26, 1998;
June 26, 2000; February 2, 2004
December 18, 2000; March 25, 2002
SUB-SECTION B - FAMILY AND MEDICAL LEAVE
In accordance with the Family and Medical Leave Act of 1993, all Division employees who have been employed by the Division for at least one (1) year, and have worked for at least 1,250 hours during the previous twelve (12) months are eligible for Family and Medical Leave.
- An eligible employee is entitled to twelve (12) work-weeks of unpaid Family and Medical leave during any one (1) year period. In the event both a husband and wife work for the Division, the family care provision of this leave benefit shall be limited to twelve (12) weeks total for both. However, if either spouse is using Family and Medical Leave for their own personal illness, each spouse shall be entitled to twelve (12) weeks.
- Except for limitations specified in item 9, Family and Medical Leave may be used in consecutive days or intermittently for the following reasons:
- Personal illness;
- To provide care for illness or a serious health condition in the immediate family;
- Birth and first year care of a child;
- Placement of a child with the employee for adoption or foster care;
- A serious health condition that makes the employee unable to perform required job functions.
- Requests for Family and Medical Leave must be made in writing to the Director of Human Resources at least 30 days in advance of the date the leave is expected to begin. In the event of an unexpected illness, injury, early birth delivery, or other reasonably unforeseen circumstances, leave requests are to be made as soon as possible after the need for Family and Medical Leave is determined.
- Accrued sick leave, annual leave, and/or personal leave shall be used and counted as part of the twelve (12) week allotment of Family and Medical Leave. Unless the period of Family and Medical Leave can be taken using leave earned in other paid leave categories such as sick leave, annual leave or personal business leave, an employee will be on leave without pay. Also during this period, the employee will not accrue seniority or other employee leave benefits.
- During the period of Family and Medical Leave, the Division will continue to pay the employer’s contribution of the group health coverage held by the employee at the time the leave began. The employee shall be responsible for ensuring that the employee’s portion of the coverage is paid. If the employee fails to return from leave, the Division may recover the premium paid during the leave period, except under conditions set forth in section 104 (c) and 2(b) in the Family and Medical Leave Act.
- The taking of leave intermittently or on a reduced schedule shall not result in a reduction in the total amount of Family and Medical Leave to which the employee is entitled.
- Upon the completion of the Family and Medical Leave period, an employee shall be returned to a position equivalent in pay and benefits, except as noted under item 8, to the position they held at the time their leave became effective.
- The following limitations shall be placed by the Division on the use of Family and Medical Leave benefits:
- Family and Medical Leave taken for the birth of a child or the placement of a child for adoption or foster care shall not be taken by an employee intermittently or by a reduced leave schedule unless the employee and the employee’s supervising principal or director and the Director of Human Resources agree otherwise.
- When documented by an attending physician’s certification as being medically necessary, except as listed under sub-items C. D. E. F. and G of this item, leave may be taken intermittently or upon a reduced schedule.
- If intermittent leave or reduced schedule leave is requested based on planned medical treatment, the Superintendent may require the employee to temporarily transfer to an available alternative position within the Division for which the employee is qualified and that has the equivalent pay and benefits and better accommodates recurring periods of leave than does the employee’s regular position.
- Where a teacher would return to work during the last two or three weeks of a semester, he/she may be required by the Superintendent to extend leave through the semester’s end, depending on the duration and timing of the leave’s commencement.
- Where a teacher would leave more than five weeks prior to the end of a term - if the eligible employee begins leave for a period of more than five weeks prior to the end of the academic term, the Superintendent may require that the teacher to continue taking leave until the end of the semester if the leave is at least three weeks duration and the return to employment would occur during the three week period before the end of such term.
- Where a teacher would leave less than five weeks prior to the end of a term - if the eligible employee begins leave during the period that commences three weeks prior to the end of the academic term or the duration of the leave is greater than five working days, the Superintendent may require the employee to continue to take leave to the end of such term.
- Where a teacher would leave less than three weeks prior to the end of term–if the eligible employee begins leave during the period that commences three weeks prior to the end of the academic term or the duration of the leave is greater than five working days, the Superintendent may require the employee to continue to take leave to the end of such term.
- Restoration provisions described in item 7 do not apply to administrative positions where restoration would cause "substantial and grievous economic injury" as determined by the Superintendent on the basis of the facts and circumstances of each case.
- The Superintendent may require medical certification for leave involving a serious health condition affecting either the employee or a family member. Certification must include the date the health condition began, the probable duration of the condition, and other appropriate medical facts. For family care, the certification must state that the employee is needed to care for the family member, and must also provide an estimated amount of time that he/she will need.
- When the Superintendent has reason to doubt the validity of a certification, he may require a second opinion.
- If the two health care providers providing a second opinion disagree, the Superintendent may require the opinion of a third jointly approved medical provider who shall be the final authority on the matter.
- Second and third opinion may not be provided by a health care provider employed by the Division on a regular basis.
- Second and third opinions are at the expense of the School Division.
- The superintendent may require an employee to obtain sufficient medical recertification on a reasonable basis.
- In cases of prolonged illness exceeding the provisions of the Division’s Family and Medical Leave Policy, the Superintendent shall have the authority, with the School Board so informed, to authorize an employee to use the Long-Term Medical Leave benefit. To access Long-Term Medical Leave, the employee or their agent must complete all requirements contained in Sub-Section C of this policy.
- No employee shall be penalized for exercising rights under the Family and Medical Leave benefit.
ADOPTED: March 15, 1993
REVISED: January 26, 1998
RESTATEMENT: March 25, 2002
SUB-SECTION C - LONG TERM MEDICAL LEAVE
Long term medical leave may be available to an employee with a personal illness or injury which may require a period of long term care, recuperation, hospitalization or confinement. Long Term Medical Leave should be used when:
- An employee eligible for Family and Medical Leave has exhausted Family and Medical Leave benefits (7.1.11, Sub-Section B), or
- An employee is not eligible for Family and Medical Leave and has exhausted sick leave benefits.
- Long term medical leave shall be used for illness or injury which is sustained outside the workplace and not in the course of employment with the Division. Long term absence caused by an on-the-job injury shall be handled in accordance with the Division’s worker’s compensation insurance policy and Virginia law.
- Long term medical leave is to be requested using the "Long Term Medical Leave Form." The request for long-term leave is to be made prior to the exhaustion of other applicable leave options. The employee requesting leave shall be required to provide a statement from the attending physician indicating the expected confinement dates and, if applicable, the anticipated date the employee can be expected to resume their regularly assigned duties.
- The employee shall have the responsibility for informing the attending physician the nature of their regular assigned duties.
- These dates shall be understood to represent a reasonably informed projection based on the medical condition reported in the physician’s statement, and the requirements of the employee’s regularly assigned duties.
- The Superintendent may also reach a mutual good faith agreement with the employee concerning a projected return to work date.
- Before long-term medical leave is granted, the Division may require a second medical opinion regarding a date the employee can reasonably be expected to resume their regularly assigned duties. Under these conditions, the Division shall pay for the second medical opinion. In the event a second medical opinion is requested, the employee is responsible for meeting all scheduled appointments.
- Long Term Medical leave shall be unpaid and during the leave period the employee does not accrue sick leave, personal business leave or annual leave benefits. The Division shall, for the specified duration of the leave period, continue to pay the employer’s contribution of the group health coverage held by the employee at the time the leave began. The employee shall be responsible for ensuring that the employee’s portion of the coverage is paid. If the employee fails to return from leave, the Division may recover the premium paid during the leave period.
- Before being allowed to return to work following a period of long-term medical leave, the employee must present a written statement from the attending physician stating the employee can resume on a specified date their regularly assigned duties.
ADOPTED: July 10, 1989
REVISED: March 15, 1993; January 26, 1998
RESTATEMENT: March 25, 2002
SUB-SECTION D - PERSONAL BUSINESS LEAVE
All full-time employees who are eligible for Division sick leave are also annually eligible for three (3) days of paid personal leave. Permanent part-time employees are eligible for all leave benefits of their position classification prorated according to the percentage of their employment.
- Personal leave may not be used to extend a holiday, vacation, or other leave except as specifically approved by the employee’s immediate supervisor.
- At the end of the annual contract period, unused personal leave may accumulate in an individual personal leave account which may hold up to five personal leave days, such that no more than five personal leave days may be used in an annual contract period. Any unused personal leave above that limit shall automatically convert to sick leave.
- Donation of personal business leave is possible on a case by case basis. The Director of Human Resources will consider a request to donate personal business leave to another employee. The reasons for the request must be fully explained in writing. Because sick leave and annual leave policies generally provide an adequate “time away from work” opportunity, the circumstances must be compelling to be considered.
ADOPTED: June 20, 1988
REVISED: November 21, 1988; September 23, 1991; March 15, 1993;
October 24, 1994; January 26, 1998; June 26, 2000; March 25, 2002;
February 28, 2005
SUB-SECTION E - ANNUAL LEAVE.
Twelve-month employees are entitled to annual leave. The annual leave benefit is intended to provide twelve-month employees an opportunity for recreation and a break from the pressures of the workplace. Permanent part-time employees on a twelve-month schedule are eligible for all leave benefits of their position classification prorated according to the percentage of their employment.
1. Annual leave shall be earned based on the following schedule:
Years of Service Days Per Month Days Per Year
0-5 1 12
6-10 1.25 15
11-15 1.50 18
over 15 2 24
2. Years of service credit may be earned only in the York County School Division.
3. Annual leave days are accumulated beginning the first month of employment for persons hired on or before the 15th of the month. For an employee hired on or after the 16th of the month the first day of leave will accrue the next month of employment. There will be no pay out of unused annual leave if employment is terminated during an employee’s probationary period.
4. An employee may elect to have some or all of accumulated annual leave converted to sick leave. Such election must be made during the annual open enrollment period for registering for health and dental care and other benefits.
5. Annual leave must be approved in advance by the employee’s immediate supervisor or by the division superintendent. Supervisors will take action as appropriate to afford employees ample opportunities for annual leave. Annual leave should be scheduled so as to be consistent with the efficient operation of the support service, department or school.
6, The School Board encourages the use of annual leave on a regular basis to optimize the benefit of rest and recreation afforded by leave and to avoid excess accumulation of unused annual leave. Portions of accumulated annual leave may be lost to an employee upon resignation or retirement as a consequence of limits stated below.
7. Annual leave may only be used in two-hour increments by FLSA exempt staff and in quarter hour increments by FLSA non-exempt staff. No more than 30 days of annual leave may be taken in any fiscal year, except in cases covered by the Family Medical Leave Act or in cases where the employee has no sick leave available but is dealing with legitimate medical conditions that would justify granting the employee sick leave. The Superintendent has the authority, for good cause shown on a case by case basis, to make other adjustments to the cap on taking annual leave.
8. If an employee is recovering from a job related injury, that employee may draw on accumulated annual leave, on a day to day basis, to maintain a monthly income at 2/3’s the employee’s pay prior to being placed in a worker’s compensation category. Requested leave for this purpose will be rounded to the nearest increment allowed for taking leave.
9. At the time an employee terminates employment with the School Board, or no longer holds a twelve-month position, the employee will be paid for unused annual leave up to 30 days at the per diem rate at the time of termination or reassignment to a non-twelve month position. Employees having 31 to 75 days of accumulated leave as of 6/30/93 will be paid for unused annual leave up to 75 days provided the 6/30/93 balance is maintained at the end of each fiscal year.
ADOPTED: June 20, 1988
REVISED: March 15, 1993; January 26, 1998; March 25, 2002, October 24, 2006
SUB-SECTION F - SPECIAL LEAVE
School Board employees shall have the following special leave options made available to them provided they meet all requirements specified under the leave option category.
- Jury Duty/Subpoenaed Witness Leave—An employee subpoenaed to appear in court in a criminal case in which he is not the defendant, or a civil case in which he is not the plaintiff, may do so without loss of pay. The employee’s supervisor or principal must be notified as soon as the employee is in receipt of the subpoena to appear before the court in Virginia.
Employees who are summoned for jury duty shall fulfill this obligation without the loss of pay.
- Superintendent’s Administrative Leave—The Superintendent may grant employees administrative leave for Division business not covered in other leave options.
- Professional Development Leave—With the approval of the Superintendent, Division employees may be excused from their regular duties to attend workshops, meetings, conferences, compulsory activities associated with completion of a graduate program, or other activities whose purpose is to further Division instructional or operational goals. An employee may not use professional development leave if they are receiving payment for their services as a presenter, facilitator, organizer, etc. An employee in this case would then be required to use personal business or annual leave.
ADOPTED: June 20, 1988
REVISED: March 15, 1993; January 26, 1998; June 26, 2000
RESTATEMENT: March 25, 2002
- Military Training/Military Duty Leave—employees who are members of a reserve unit of the United States Armed Forces, or the National Guard, or the naval militia shall be entitled to paid leave when they are engaged in federally funded military training duty. Paid leave shall not exceed fifteen work days per federal fiscal year.
Upon activation of the militia by order of the Governor, affected Division employees shall be granted a leave of absence from their assigned duties without loss of pay, benefits, seniority, annual leave, or sick leave available to them at the time of their activation. Additional benefits will not accrue during the leave period. When released from active duty, the employee shall resume their previously assigned duties.
ADOPTED: June 20, 1988
REVISED: May 20, 1991; January 26, 1998
RESTATEMENT: March 15, 1993; March 25, 2002
- Summer Study Leave—With the approval of the Superintendent, twelve month licensed employees may be granted leave without loss of pay for summer professional study provided the following conditions are fulfilled:
- Leave will
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