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:

1. 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.
2. 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:

1. 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.
2. 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.
3. 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.

1. 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.
2. Except for limitations specified in item 9, Family and Medical Leave may be used in consecutive days or intermittently for the following reasons:
1. Personal illness;
2. To provide care for illness or a serious health condition in the immediate family;
3. Birth and first year care of a child;
4. Placement of a child with the employee for adoption or foster care;
5. A serious health condition that makes the employee unable to perform required job functions.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. The following limitations shall be placed by the Division on the use of Family and Medical Leave benefits:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. When the Superintendent has reason to doubt the validity of a certification, he may require a second opinion.
1. 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.
2. Second and third opinion may not be provided by a health care provider employed by the Division on a regular basis.
3. Second and third opinions are at the expense of the School Division.
4. The superintendent may require an employee to obtain sufficient medical recertification on a reasonable basis.
11. 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.
12. 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:

1. An employee eligible for Family and Medical Leave has exhausted Family and Medical Leave benefits (7.1.11, Sub-Section B), or
2. An employee is not eligible for Family and Medical Leave and has exhausted sick leave benefits.
1. 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.
2. 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.
1. The employee shall have the responsibility for informing the attending physician the nature of their regular assigned duties.
2. 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.
3. The Superintendent may also reach a mutual good faith agreement with the employee concerning a projected return to work date.
3. 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.
4. 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.
5. 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.

1. Personal leave may not be used to extend a holiday, vacation, or other leave except as specifically approved by the employee’s immediate supervisor.
2. 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.
3. 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.

1. 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.

1. Superintendent’s Administrative Leave—The Superintendent may grant employees administrative leave for Division business not covered in other leave options.
2. 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

1. 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

1. 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:

1. Leave will not exceed six weeks in any three year period.
2. The employee will have been in continuous employment with the Division for three consecutive years as a teacher, supervisor or administrator.
3. The individual remains a Division employee until July 1 of the year following the summer in which leave has been granted. Failure to remain so will cause the employee to repay the Division for leave used of that accumulated.

ADOPTED:                 June 20, 1988
REVISED:                   March 15, 1993; January 26, 1998
RESTATEMENT:        March 25, 2002

1. Sabbatical Leave—Teachers, supervisors and administrative personnel who have been in continuous employment with the Division for five (5) years may request a leave of absence without pay for approved study programs under the following conditions;

1. Submission of a written request to the Director of Human Resources three months in advance of the requested leave date, with written evidence of acceptance in a graduate program at an accredited institution.
2. Screening of applicants by the Superintendent with his subsequent recommendation for School Board action.
3. During the period of sabbatical leave the employee shall continue to accrue seniority. Annual leave, sick leave and personal business leave benefits shall not accrue during the sabbatical period. For the period of the sabbatical, the group health coverage held by the employee at the time the leave began will be kept In effect for a period not to exceed one year, provided, the employee pays the entire insurance premium.
4. At the end of the sabbatical leave period, the employee shall be assured of the opportunity of re-employment with the Division under the same job description and with the same salary and benefits as they held at the commencement of the leave period. The opportunity for re-employment under these conditions shall extend up to twelve months beyond the end of the leave period and shall be contingent on the existence of a vacancy.
5. Recipients of sabbatical leave, upon request of the Superintendent or the School Board, shall file with the Superintendent periodic reports of their activities.

ADOPTED:     June 20, 1988
REVISED:       March 15, 1993; January 26, 1998; June 26, 2000; March 25, 2002

SUB-SECTION G - LEAVE WITHOUT PAY

Leave without pay shall be available to all Division employees. Employees shall have the option of requesting short or long-term leave without pay.

1. Short-Term Leave Without Pay is any period of requested leave without pay not in excess of five work days and not covered under other leave or vacation options.
1. Short-term leave is to be requested by submitting a written request to the Superintendent. The request should stipulate the purpose of the leave and the desired start and anticipated return dates.
2. In the event an employee has used all other applicable leave options and is still unable to return to work, a written request for authorized leave without pay must be filled with the Superintendent prior to the expiration of any authorized leave.
3. The Superintendent shall have discretionary authority in granting short term leave without pay.
2. Long-Term Leave without Pay is any period of leave requested without pay that exceeds a period of five (5) working days. Long-term leave may be granted for no longer than the fiscal year for which the request is made.
1. Long-term leave may be requested by submitting a written request to the Superintendent. The request should stipulate the purpose of the leave and the desired start and anticipated return dates.
2. The School Board, with the Superintendent’s recommendation, shall have the authority to grant long term leave.
3. Time spent on long-term leave without pay is not considered to be a period of service for the purpose of determining placement on the salary schedule. Sick leave, personal business leave and annual leave will also not accrue during the period of long term leave without pay.
4. Group insurance plans maintained by the School Board will be kept in effect for a period not to exceed one year, provided, the employee pays the insurance premium.
5. At the end of a Board approved long-term leave of absence, the employee shall be assured of the opportunity of re-employment with the Division under the same job description and with the same salary and benefits as they held at the commencement of the leave period. The opportunity for re-employment under these conditions shall extend up to twelve months beyond the end of the leave period and shall be contingent on the existence of a vacancy.

ADOPTED:                             June 20, 1988
REVISED:                               March 15, 1993; January 26, 1998; March 25, 2002
CROSS REFERENCE:            Federal Family Medical Leave Act of 1993
Code of Virginia, Sections 44-75.1, 44-78. and 44-93
Sub Section 7.1.11 D. School Board Policy Manual
Sub Section 7.1.12 D. School Board Policy Manual
York County School Division Standard Operating Procedure for Reporting Employee Leave
York County School Division Standard Operating Procedure for Personal Leave