Detroit Independent School District
E.A.G.L.E.S.
Employee Handbook
2008-2009
TablE of contents
....... Description of the district
....... District map
....... Mission statement, goals, and objectives
....... Board of trustees
....... Board meeting schedule for 2008–2009
....... Administration
....... School calendar
....... Helpful contacts
....... School directory
....... Equal employment opportunity
....... Job vacancy announcements
....... Employment after retirement
....... Contract and noncontract employment
....... Searches and alcohol and drug testing
....... First aid and CPR certification
....... Reassignments and transfers
....... Workload and work schedules
....... Notification of parents regarding qualifications
....... Outside employment and tutoring
....... Performance evaluation
....... Employee involvement
....... Staff development
....... Salaries, wages, and stipends
....... Annualized compensation
....... Paychecks
....... Automatic payroll deposit
....... Payroll deductions
....... Overtime compensation
....... Travel expense reimbursement
....... Health, dental, and life insurance
....... Supplemental insurance benefits
....... Cafeteria plan benefits (Section 125)
....... Workers’ compensation insurance
....... Unemployment compensation insurance
....... Teacher retirement
....... Other benefit programs
....... Personal leave
....... Sick leave
....... Local leave
....... Temporary disability
....... Family and medical leave
....... Workers’ compensation benefits
....... Assault leave
....... Bereavement leave
....... Jury duty
....... Other court appearances
....... Military leave
....... Employee recognition and appreciation
....... District communications
....... Standards of conduct
....... Discrimination, harassment, and retaliation
....... Harassment of students
....... Drug-abuse prevention
....... Reporting suspected child abuse
....... Fraud and financial impropriety
....... Conflict of interest
....... Gifts and favors
....... Associations and political activities
....... Safety
....... Tobacco use
Criminal history background checks
....... Employee arrests and convictions
....... Possession of firearms and weapons
....... Visitors in the workplace
....... Copyrighted materials
....... Computer use and data management
....... Asbestos management plan
....... Pest control treatment
....... Other topics
....... Bad weather closing
....... Emergencies
....... Purchasing procedures
....... Name and address changes
....... Personnel records
....... Building use
....... Resignations
....... Dismissal or nonrenewal of contract employees
....... Dismissal of noncontract employees
....... Exit interviews and procedures
....... Reports to State Board for Educator Certification
....... Reports concerning court-ordered withholding
....... Equal educational opportunities
....... Student records
....... Parent and student complaints
....... Administering medication to students
....... Dietary supplements
....... Psychotropic drugs
....... Student discipline
....... Student attendance
....... Bullying
....... Hazing
Introduction
The purpose of this handbook is to provide information that will help with questions and pave the way for a successful year. Not all district policies and procedures are included. Those that are have been summarized. Suggestions for additions and improvements to this handbook are welcome and may be sent to the Superintendent.
This handbook is neither a contract nor a substitute for the official district policy manual. Nor is it intended to alter the at-will status of noncontract employees in any way. Rather, it is a guide to and a brief explanation of district policies and procedures related to employment. These policies and procedures can change at any time; these changes shall supersede any handbook provisions that are not compatible with the change. For more information, employees may refer to the policy codes that are associated with handbook topics, confer with their supervisor, or call the appropriate district office. District policies can be accessed on line at http://www.detroiteagles.net.
Employee handbook receipt
Name _______________________________________
Campus/department ____________________________
I hereby acknowledge receipt of a copy of the Detroit ISD Employee Handbook. I agree to read the handbook and abide by the standards, policies, and procedures defined or referenced in this document.
Employees have the option of receiving the handbook in electronic format or hard copy.
Please indicate your choice by checking the appropriate box below:
o I choose to receive the employee handbook in electronic format and accept responsibility for accessing according to the instructions provided at www.detroiteagles.net
o I choose to receive a hard copy of the employee handbook.
The information in this handbook is subject to change. I understand that changes in district policies may supersede, modify, or render obsolete the information summarized in this booklet. As the district provides updated policy information, I accept responsibility for reading and abiding by the changes.
I understand that no modifications to contractual relationships or alterations of at-will employment relationships are intended by this handbook.
I understand that I have an obligation to inform my supervisor or department head of any changes in personal information, such as phone number, address, etc. I also accept responsibility for contacting my supervisor or the Superintendent if I have questions or concerns or need further explanation.
________________________________ _________________________
Signature Date
Note: You have been given two copies of this form. Please sign and date one and keep it. Sign and date the other copy and forward it to Central Office.
District information
Policy AE
Detroit Independent School District will provide a quality education to prepare students for the challenges of the future. We accept the responsibility for preparing our students to live and work in a nation that is undergoing dramatic changes.
All of our students will be expected to master the Texas Essential Knowledge and Skills objectives on which to build future learning. Our students will also be taught a core curriculum as specified by the Texas Education Agency. As part of that curriculum, all students will develop an appreciation and knowledge of citizenship and their unique Texas Heritage.
Detroit ISD will accomplish this mission by providing opportunities for each student to think logically and independently.
Policies AB, AF
Detroit ISD will strive to increase parental and community involvement in all school functions.
All campuses will strive to achieve Exemplary.
Reward academic performance as well as athletic performance.
Detroit ISD will enhance technology and provide outstanding staff development in its use.
Alignment and enhancement of mathematics and science curriculum will ensure a smooth transition from campus to campus.
An increased emphasis on DISD Fine Arts program will promote student success.
Detroit ISD will implement plans and strategies to reduce energy usage and to maximize resources.
Policies BA, BB, BD, and BE series
Texas law grants the board of trustees the power to govern and oversee the management of the district’s schools. The board is the policy-making body within the district and has overall responsibility for the curriculum, school taxes, annual budget, employment of the superintendent and other professional staff, and facilities. The board has complete and final control over school matters within limits established by state and federal law and regulations.
The board of trustees is elected by the citizens of the district to represent the community’s commitment to a strong educational program for the district’s children. Trustees are elected annually and serve three-year terms. Trustees serve without compensation, must be registered voters, and must reside in the district.
:
Current board members include: Joyce Hagler – President
Dale Miller – Vice President
Barbara Golden – Secretary
James Sprools – Member
Daniel Hart – Member
DeWayne Nance – Member
Susan Yarbrough - Member
The board usually meets the 2nd Monday at 7:00PM in the High School Library. In the event that large attendance is anticipated, the board may meet at The Middle School Cafeteria. Special meetings may be called when necessary. A written notice of regular and special meetings will be posted at Central Office at least 72 hours before the scheduled meeting time. The written notice will show the date, time, place, and subjects of each meeting. In emergencies, a meeting may be held with a two-hour notice.
All meetings are open to the public. In certain circumstances, Texas law permits the board to go into a closed session from which the public and others are excluded. Closed session may occur for such things as discussing prospective gifts or donations, real-property acquisition, certain personnel matters including employee complaints, security matters, student discipline, or consulting with attorneys regarding pending litigation.
Administration
Morris Lyon, Superintendent
Anita Whitley, Secretary to the Superintendent
Greg Jones, Business Manager
Sandra Galley, PEIMS Coordinator and Food Services and Janitorial Director
Donna Pyeatt, Counselor
Misty Looney, Administrator
Steve Drummond, Administrator
Morris Lyon, Acting Elementary Principal
Chris Bradshaw, Assistant Elementary Principal
Becky McCoin, Head Start Director
Jackie Barber, Transportation/Maintenance Director
Kenny Horne, Technology Director
Mike Barley, Athletic Director
School calendar
Helpful contacts
From time to time, employees have questions or concerns. If those questions or concerns cannot be answered by supervisors or at the campus or department level, the employee is encouraged to contact the appropriate department or Superintendent.
Employment
Equal employment opportunity
Policies DAA, DIA
The Detroit ISD does not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, disability, military status, or on any other basis prohibited by law. Employment decisions will be made on the basis of each applicant’s job qualifications, experience, and abilities.
Employees with questions or concerns about discrimination on the basis of race, color, religion, sex, national origin, age, or military status should contact the superintendent, the district’s Title IX coordinator. Employees with questions or concerns about discrimination on the basis of a disability should contact the Superintendent.
Job vacancy announcements
Policy DC
Announcements of job vacancies by position and location are distributed on a regular basis and posted at the central administration building, campus offices, and on the district’s Web site.
Employment after retirement
Individuals receiving retirement benefits from the Teacher Retirement System (TRS) may be employed in limited circumstances on a full- or part-time basis without affecting their benefits, according to TRS rules and state law. Detailed information about employment after retirement is available in the TRS publication Employment After Retirement. Employees can contact TRS for additional information by calling 800-223-8778 or 512-542-6400. Information is also available on the TRS Web Site (www.trs.state.tx.us).
Contract and noncontract employment
Policies DC, DCA, DCB, DCC, DCD, DCE
State law requires the district to employ all full-time professional employees in positions requiring a certificate from State Board for Educator Certification (SBEC) and nurses under probationary, term, or continuing contracts. Employees in all other positions are employed at-will or by a contract that is not subject to the procedures for nonrenewal or termination under Chapter 21 of the Texas Education Code. The paragraphs that follow provide a general description of the employment arrangements used by the district.
Probationary contracts. Nurses and full-time professional employees new to the district and employed in positions requiring SBEC certification must receive a probationary contract during their first year of employment. Former employees who are hired after at least a two-year lapse in district employment also may be employed by probationary contract. Probationary contracts are one-year contracts. The probationary period for those who have been employed as a teacher in public education for at least five of the eight years preceding employment with the district may not exceed one school year. For those with less experience, the probationary period will be three school years (i.e., three one-year contracts) with an optional fourth school year if the board determines it is doubtful whether a term or continuing contract should be given.
Term and continuing contracts. Full-time professionals employed in positions requiring certification and nurses will be employed by term or continuing contracts after they have successfully completed the probationary period. Campus principals and central office administrators are employed under multi-year term contracts. The terms and conditions of employment are detailed in the contract and employment policies. All employees will receive a copy of their contract and employment policies.
Noncertified professional and administrative employees. Employees in professional and administrative positions that do not require SBEC certification (such as noninstructional administrators) are not employed by contract. Employment is not for any specified term and may be terminated at any time by either the employee or the district.
Paraprofessional and auxiliary employees. All paraprofessional and auxiliary employees, regardless of certification, are employed at will and not by contract. Employment is not for any specified term and may be terminated at any time by either the employee or the district.
Searches and alcohol and drug testing
Policy DHE
Noninvestigatory searches in the workplace, including accessing an employee’s desk, file cabinets, or work area to obtain information needed for usual business purposes may occur when an employee is unavailable. Therefore, employees are hereby notified that they have no legitimate expectation of privacy in those places. In addition, the district reserves the right to conduct searches when there is reasonable cause to believe a search will uncover evidence of work-related misconduct. Such an investigatory search may include drug and alcohol testing if the suspected violation relates to drug or alcohol use. The district may search the employee, the employee’s personal items, work areas, including district-owned computers, lockers, and private vehicles parked on district premises or work sites or used in district business.
Employees required to have a commercial driver’s license. Any employee whose duties require a commercial driver’s license (CDL) is subject to drug and alcohol testing. This includes all drivers who operate a motor vehicle designed to transport 16 or more people, counting the driver; drivers of large vehicles; or drivers of vehicles used in the transportation of hazardous materials. Teachers, coaches, or other employees who primarily perform duties other than driving are subject to testing requirements when their duties include driving.
Drug testing will be conducted before an individual assumes driving responsibilities. Alcohol and drug tests will be conducted if reasonable suspicion exists, at random, when an employee returns to duty after engaging in prohibited conduct, and as a follow‑up measure. Testing may be conducted following accidents. Return‑to‑duty and follow‑up testing will be conducted if an employee who has violated the prohibited alcohol conduct standards or tested positive for alcohol or drugs is allowed to return to duty.
All employees required to have a CDL or who is otherwise subject to alcohol and drug testing will receive a copy of the district’s policy, the testing requirements, and detailed information on alcohol and drug abuse and the availability of assistance programs. Employees with questions or concerns relating to alcohol and drug policies and related educational material should contact the Superintendent.
First aid, CPR, and AED certification
Policies DBA, DMA
Certain employees who are involved in physical activities for students must maintain and submit to the district proof of current certification in first aid, cardiopulmonary resuscitation (CPR), and the use of an automated external defibrillator (AED). Certification must be issued by the American Red Cross, the American Heart Association, or another organization that provides equivalent training and certification.
Reassignments and transfers
Policy DK
All personnel are subject to assignment and reassignment by the superintendent or designee when the superintendent or designee determines that the assignment or reassignment is in the best interest of the district. Reassignment is a transfer to another position, department, or facility that does not necessitate a change in the employment contract. Campus reassignments must be approved by the principal at the receiving campus except when reassignments are due to enrollment shifts or program changes. Extracurricular or supplemental duty assignments may be reassigned at any time unless an extracurricular or supplemental duty assignment is part of a dual-assignment contract. Employees who object to a reassignment may follow the district process for employee complaints as outlined in this handbook and district policy DGBA (Local).
An employee with the required qualifications for a position may request a transfer to another campus or department. A written request for transfer must be completed and signed by the employee and the employee’s supervisor. A teacher requesting a transfer to another campus before the school year begins must submit their request by the last school day of the proceeding year.. Requests for transfer during the school year will be considered only when the change will not adversely affect students and after a replacement has been found. All transfer requests will be coordinated by the Central office and must be approved by the receiving supervisor.
Workload and work schedules
Policies DEA, DL
Professional employees. Professional and administrative employees are exempt from overtime pay and are employed on a 10-, 11-, or 12-month basis, according to the work schedules set by the district. A school calendar is adopted each year designating the work schedule for teachers and all school holidays. Notice of work schedules including required days of service and scheduled holidays will be distributed each school year.
Classroom teachers will have planning periods for instructional preparation, including conferences. The schedule of planning periods is set at the campus level but must provide at least 450 minutes within each two-week period in blocks not less than 45 minutes. Teachers and librarians are entitled to a duty-free lunch period of at least 30 minutes. The district may require teachers to supervise students during lunch one day a week when no other personnel are available.
Paraprofessional and auxiliary employees. Support employees are employed at will and will be notified of the required duty days, holidays, and hours of work for their position on an annual basis. Paraprofessional and auxiliary employees are not exempt from overtime and are not authorized to work in excess of their assigned schedule without prior approval from their supervisor.
Notification of parents regarding qualifications
Policies DK, DBA
In schools receiving Title I funds, the district is required by the No Child Left Behind Act (NCLB) to notify parents at the beginning of each school year that they may request information regarding the professional qualifications of their child’s teacher. NCLB also requires that parents be notified if their child has been assigned, or taught for four or more consecutive weeks by, a teacher who is not highly qualified.
Texas law also requires that parents be notified if their child is assigned for more than 30 consecutive instructional days to a teacher who does not hold an appropriate teaching certificate. This notice is not required if parental notification under NCLB is sent. Inappropriately certified or uncertified teachers include individuals serving with an emergency permit (including individuals waiting to take the EXCET exam) or individuals who do not hold any certificate or permit. Information relating to teacher certification will be made available to the public upon request.
Employees who have questions about their certification status can call the campus principal or superintendent.
Outside employment and tutoring
Policy DBD
Employees are required to disclose in writing to their immediate supervisor any outside employment that may create a potential conflict of interest with their assigned duties and responsibilities or the best interest of the district. Supervisors will consider outside employment on a case-by-case basis and determine whether it should be prohibited because of a conflict of interest.
Performance evaluation
Policies DN, DNA, DNB
Evaluation of an employee’s job performance is a continuous process that focuses on improvement. Performance evaluation is based on an employee’s assigned job duties and other job-related criteria. All employees will participate in the evaluation process with their assigned supervisor at least annually. Written evaluations will be completed on forms approved by the district. Reports, correspondence, and memoranda also can be used to document performance information. All employees will receive a copy of their written evaluation, have a performance conference with their supervisor, and get the opportunity to respond to the evaluation.
Employee involvement
Policies BQA, BQB
At both the campus and district levels, Detroit ISD offers opportunities for input in matters that affect employees and influence the instructional effectiveness of the district. As part of the district’s planning and decision-making process, employees are elected to serve on district- or campus-level advisory committees. Plans and detailed information about the shared decision-making process are available in each campus office or from www.detroiteagles.net.
Staff development
Policy DMA
Staff development activities are organized to meet the needs of employees and the district. Staff development for instructional personnel is predominantly campus-based, related to achieving campus performance objectives, addressed in the campus improvement plan, and approved by a campus-level advisory committee. Staff development for noninstructional personnel is designed to meet specific licensing requirements (e.g., bus drivers) and continued employee skill development.
Individuals holding renewable SBEC certificates are responsible for obtaining the required training hours and maintaining appropriate documentation.
Compensation and benefits
Salaries, wages, and stipends
Policy DEA
Employees are paid in accordance with administrative guidelines and a pay structure established for each position. The district’s pay plans are reviewed by the administration each year and adjusted as needed. All district positions are classified as exempt or nonexempt according to federal law. Professional and administrative employees are generally classified as exempt and are paid monthly salaries. They are not entitled to overtime compensation. Other employees are generally classified as nonexempt and are paid an hourly wage or salary and receive compensatory time or overtime pay for each overtime hour worked beyond 40 in a workweek. (See Overtime Compensation.)
All employees will receive written notice of their pay and work schedules before the start of each school year. Classroom teachers, full-time librarians, full-time nurses, and full-time counselors will be paid no less than the minimum state salary schedule. Contract employees who perform extracurricular or supplemental duties may be paid a stipend in addition to their salary according to the district’s extra-duty pay schedule.
Employees should contact the Business Manager for more information about the district’s pay schedules or their own pay.
Annualized compensation
Policy DEA
The district pays all salaried employees over 12 months regardless of the number of months employed during the school year. Salaried employees will be paid in equal monthly or bimonthly payments, beginning with the first pay period of the school year. An employee who separates from service before the last day of instruction or retires under TRS, will receive in his or her final paycheck, a lump sum payment for wages actually earned from the beginning of the school year to the date of separation. Employees that separate after the last day of instruction will continue to receive paychecks through the end of the summer.
Paychecks
All professional and salaried employees are paid monthly. Hourly employees are paid every two weeks. Paychecks will not be released to any person other than the district employee named on the check without the employee’s written authorization.
An employee’s payroll statement contains detailed information including deductions, withholding information, and the amount of leave accumulated. See the illustrated guide if you have questions about your payroll statement.
The schedule of pay dates for the 2008-2009 school year follows:
September 25, October 24, November 25, December 19,
January 23, February 25, March 25, April 24, May 25,
June 25, July 25, August 25
Automatic payroll deposit
Employees can have their paychecks electronically deposited into a designated account. A notification period of one week is necessary to activate this service. With automatic deposit, an employee’s pay is immediately available on the pay date. Contact the Business Manager for more information about the automatic payroll deposit service.
Payroll deductions
Policy CFEA
Automatic payroll deductions for the Teacher Retirement System of Texas (TRS) and federal income tax are required for all full-time employees. Medicare tax deductions also are required for all employees hired after March 31, 1986. Temporary and part-time employees who are not eligible for TRS membership must have their Social Security contributions deducted.
Other payroll deductions employees may elect include deductions for the employee’s share of premiums for health, dental, life, and vision insurance; annuities; and higher education savings plans. Employees also may request payroll deduction for payment of membership dues to professional organizations. Salary deductions are automatically made for unauthorized or unpaid leave.
Overtime compensation
Policy DEA
The district compensates overtime for nonexempt employees in accordance with federal wage and hour laws. Only nonexempt employees (hourly employees and paraprofessional employees) are entitled to overtime compensation. Nonexempt employees are not authorized to work beyond their normal work schedule without advance approval from their supervisor.
Overtime is legally defined as all hours worked in excess of 40 hours in a work week and is not measured by the day or by the employee’s regular work schedule. Nonexempt employees that are paid on a salary basis are paid for a 40-hour workweek and do not earn additional pay unless they work more than 40 hours. For the purpose of calculating overtime, a workweek begins at 12:00 AM Sunday and ends at 11:59PM Saturday.
Employees may be compensated for overtime at time-and-a-half rate with compensatory time off (comp time) or direct pay. The following applies to all nonexempt employees:
· Employees can accumulate up to 60 hours of comp time.
· Comp time must be used in the duty year that it is earned.
· Use of comp time may be at the employee’s request with supervisor approval as workload permits, or at the supervisor’s direction.
· An employee may be required to use comp time before using any other available paid leave (e.g., sick, personal, vacation).
· Weekly time records will be maintained on all nonexempt employees for the purpose of wage and salary administration.
Travel expense reimbursement
Policy DEE
Before any travel expenses are incurred by an employee, the employee’s supervisor and Superintendent must give approval. For approved travel, employees will be reimbursed for mileage and other travel expenditures according to the current rate schedule established by the district. It is encouraged to use school vehicles for business travel. Employees must submit receipts, to the extent possible, to be reimbursed for expenses other than mileage.
Health, dental, and life insurance
Policy CRD
Group health insurance coverage is provided through TRS-ActiveCare, the statewide public school health insurance program. The district’s contribution to employee insurance premiums is determined annually by the board of trustees. Employees eligible for health insurance coverage include the following:
· Employees who are active, contributing TRS members
· Employees who are not contributing TRS members and who are regularly scheduled to work at least 10 hours per week
TRS retirees and employees who are not contributing TRS members that are regularly scheduled to work less than 10 hours per week are not eligible to participate in TRS-ActiveCare.
The insurance plan year is from September 1 through August 31. Current employees can make changes in their insurance coverage during open enrollment each spring. Detailed descriptions of insurance coverage, employee cost, and eligibility requirements are provided to all employees in a separate booklet. Employees should contact the Business Manager for more information.
Supplemental insurance benefits
Policy CRD
At their own expense, employees may enroll in supplemental insurance programs for vision, dental, and cafeteria plans. Premiums for these programs can be paid by payroll deduction. Employees should contact the Business Manager for more information.
Cafeteria plan benefits (Section 125)
Employees may be eligible to participate in the Cafeteria Plan (Section 125) and, under IRS regulations, must either accept or reject this benefit. This plan enables eligible employees to pay certain insurance premiums on a pretax basis (i.e., disability, accidental death and dismemberment, cancer and dread disease, dental, and additional term life insurance). A third-party administrator handles employee claims made on these accounts.
New employees must accept or reject this benefit during their first month of employment. All employees must accept or reject this benefit on an annual basis and during the specified time period.
Workers’ compensation insurance
Policy CRE
The district, in accordance with state law, provides workers’ compensation benefits to employees who suffer a work-related illness or are injured on the job. The district has workers’ compensation coverage. Benefits help pay for medical treatment and make up for part of the income lost while recovering. Specific benefits are prescribed by law depending on the circumstances of each case.
All work-related accidents or injuries should be reported immediately to the immediate supervisor and the superintendent. Employees who are unable to work because of a work-related injury will be notified of their rights and responsibilities under the Texas Labor Code. See Workers’ compensation benefits, for information on use of paid leave for such absences.
Unemployment compensation insurance
Policy CRF
Employees who have been laid off or terminated through no fault of their own may be eligible for unemployment compensation benefits. Employees are not eligible to collect unemployment benefits during regularly scheduled breaks in the school year or the summer months if they have employment contracts or reasonable assurance of returning to service. Employees with questions about unemployment benefits should contact the Business Manager
Teacher retirement
Policy DEG
All personnel employed on a regular basis for at least four and one-half months are members of the Teacher Retirement System of Texas (TRS). Substitutes not receiving TRS service retirement benefits who work at least 90 days a year are also eligible for TRS membership and to purchase a year of creditable service. TRS provides members with an annual statement of their account showing all deposits and the total account balance for the year ending August 31, as well as an estimate of their retirement benefits.
Employees who plan to retire under TRS should notify TRS as soon as possible. Information on the application procedures for TRS benefits is available from TRS at Teacher Retirement System of Texas, 1000 Red River Street, Austin, TX 78701-2698, or call 800-223-8778 or 512-542-6400. TRS information is also available on the Web (www.trs.state.tx.us)..
Leaves and absences
Policy DEC
The district offers employees paid and unpaid leaves of absence in times of personal need. This handbook describes the basic types of leave available and restrictions on leaves of absence. Employees who have personal needs that will require long leaves of absence should call the Superintendent for counseling about leave options, continuation of benefits, and communicating with the district.
Employees who take an unpaid leave of absence may continue their insurance benefits at their own expense. Health care benefits for employees on leave authorized under the Family and Medical Leave Act will be paid by the district as they were when they were working. Otherwise, the district does not make benefit contributions for employees who are on unpaid leave.
Employees must follow district and department or campus procedures to report or request any leave of absence and complete the appropriate leave request form. Any employee who is absent more than 3 days because of a personal or family illness must submit a medical certification from a qualified health care provider confirming the specific dates of the illness, the reason for the illness, and—in the case of personal illness—the employee’s fitness to return to work.
Personal and local sick leave is earned.. Leave is available for the employee’s use as needed. If an employee leaves the district before the end of the work year, the cost of any unearned leave days taken shall be deducted from the employee’s final paycheck.
Personal leave
State law entitles all employees to five days of paid personal leave per year. Personal leave is earned at a rate of ½ day for each 18 workdays. A day of earned personal leave is equivalent to an assigned workday. There is no limit on the accumulation of state personal leave, and it can be transferred to other Texas school districts and is generally transferable to education service centers. There are two types of personal leave: nondiscretionary and discretionary.
Nondiscretionary. Leave that is taken for personal or family illness, emergency, a death in the family, or active military service is considered nondiscretionary leave. This type of leave allows very little or no advance planning and will be granted to employees in the same manner as state sick leave.
Discretionary. Leave that is taken at an employee’s discretion and that can be scheduled in advance is considered discretionary leave. An employee wishing to take discretionary personal leave must submit a notice of the request 5 days in advance of the anticipated absence to his or her principal or supervisor. Discretionary personal leave will be granted on a first-come, first-served basis. The effect of the employee’s absence on the educational program or department operations, as well as the availability of substitutes, will be considered by the principal or supervisor.
Sick leave
Previously accumulated state sick leave is available for use and may be transferred to other school districts in Texas. Sick leave can be used only in 3 increments except when coordinated with family and medical leave taken on an intermittent or reduced-schedule basis or when coordinated with workers’ compensation benefits.
Sick leave may be used for the following reasons only:
· Employee illness
· Illness in the employee’s immediate family
· Family emergency (i.e., natural disasters or life-threatening situations)
· Death in the immediate family
· Active military service
Local leave
Temporary disability
Certified employees. Any full-time employee whose position requires certification from the State Board for Educator Certification (SBEC) is eligible for temporary disability leave. The purpose of temporary disability leave is to provide job protection to full-time educators who cannot work for an extended period of time because of a mental or physical disability of a temporary nature. A full-time educator may request to be placed on temporary disability leave or be placed on leave. Pregnancy and conditions related to pregnancy are treated the same as any other temporary disability.
Employees must request approval for temporary disability leave. The leave request must be accompanied by a physician’s statement confirming the employee’s inability to work and estimating a probable date of return. If disability leave is approved, the length of leave is no longer than 180 days. If disability leave is not approved, the employee must return to work or be subject to termination procedures.
If an employee is placed on temporary disability leave involuntarily, he or she has the right to request a hearing before the board of trustees. The employee may protest the action and present additional evidence of fitness to work.
When an employee is ready to return to work, the Superintendent should be notified at least 30 days in advance. The return-to-work notice must be accompanied by a physician’s statement confirming that the employee is able to resume regular duties. Professional employees returning from leave will be reinstated to the school to which they were previously assigned as soon as an appropriate position is available. If a position is not available before the end of the school year, professional employees will be reinstated at the beginning of the following school year.
Family and medical leave (FMLA)
Eligibility. Employees who have been employed by the district for at least 12 months and have worked at least 1,250 hours in the 12 months immediately preceding the need for leave are eligible for family and medical leave. Eligible employees can take up to 12 weeks of unpaid leave each year for the following reasons:
· The birth, adoption, or foster placement of a child
· To care for a spouse, parent, or child with a serious health condition
· An employee’s serious health condition
· A qualifying exigency resulting from active military service of a spouse, child, or parent
A husband and wife who are both employed by the district are subject to limits in the amount of leave that they can take to care for a parent with a serious health condition or for the birth, adoption, or foster placement of a child; or to care for a covered military service member.
Military service family leave. An eligible employee is entitled to leave to care for an active duty military service member who incurs a serious illness or injury in the line of duty. The service member must be the employee’s spouse, child, parent, or next of kin. An eligible employee may take up to 26 weeks on a one-time basis to provide care to a covered service member.
Continuation of benefits and job restoration. Eligible employees are entitled to continue their health care benefits under the same terms and conditions as when they were on the job and are entitled to return to their previous job or an equivalent job at the end of their leave. Under some circumstances, teachers who are able to return to work at or near the conclusion of a semester may be required to continue their leave until the end of the semester.
Use of paid leave. Family and medical leave runs concurrently with accrued sick and personal leave, temporary disability leave, and absences due to a work-related illness or injury. The district will designate the leave as family and medical leave, if applicable, and notify the employee that accumulated leave will run concurrently.
Intermittent leave. In some circumstances, employees may take family and medical leave in blocks of time or by reducing their normal weekly or daily work schedule. Intermittent leave may be taken under the following circumstances:
· An employee is needed to care for a seriously ill spouse, child, or parent
· An employee requires medical treatment for a serious illness
· An employee is seriously ill and unable to work
· An employee becomes a parent or has a foster child placed in his or her home
Requests for FMLA. When the need for family and medical leave is foreseeable, employees must provide 30 days advance notice to the district. When the need for leave is not foreseeable, employees must contact the Superintendent as soon as possible. Employees may be required to provide the following:
· Medical certification from a qualified health care provider supporting the need for leave due to a serious health condition affecting the employee or an immediate family member
· Second or third medical opinions and periodic recertification of the need for leave
· Periodic reports during the leave regarding the employee’s status and intent to return to work
· Medical certification from a qualified health care provider at the conclusion of leave of an employee’s ability to return to work
· Certification of the need for family military leave
Employees requiring family and medical leave should contact the Business Manager for details on eligibility, requirements, and limitations.