Employees are eligible for various types of leaves that are excused by the District, including personal, sick, and universal. The appropriate procedures for each of these leaves must be followed in order to avoid being disciplined for failing to follow the procedure although the leave may have been available. It is very important that teachers keep track of how much time they have available. The District does not allow any employee to be “off-status,” meaning that an employee must always be on some type of approved leave. The following provides different options for leaves outside the traditional personal, sick, and universal. Please be advised that this is an overview and that each District Regulation should be read in its entirety for specific information.
Pursuant to the Family Medical Leave of Act, (“FMLA”) an employee who has worked for one year prior to needing the leave may qualify for 12 weeks of approved unpaid leave if the employee “has identified and substantiated an eligible personal qualifying event or condition.” Significantly, FMLA is also available for events and conditions of eligible family members. The doctor will need to provide a certification to the District. The requirements that need to be submitted as well as examples of qualifying events and/or conditions are contained in District Regulation 4359.
Pursuant to District Regulation 4351 an employee may also qualify for a Medical Leave of Absence without pay for “one twelve-month period when the employee is unable to work due to personal illness or injury that makes the employee unable to perform the essential functions of the assigned position.” In order to apply for this leave, an employee must make such request at least ten (10) days before accrued sick leave or family leave is exhausted. The employee must also make the request to return to work 60 days prior to the date they wish to return.
District Regulation 4355 allows for Employee Necessity Leave. A short-term absence without pay of no more than twenty (20) days may be approved by the employee’s immediate administrative supervisor. If more than twenty days is being requested, the request must be made to the Human Resources Department, but it cannot be for more than one year.
An employee may also request a Leave of Absence for Professional Leave pursuant to District Regulation 4353. This leave may not exceed one year and must include an outline of the full-time planned approved program at least thirty (30) days prior to the anticipated leave. The employee must also provide at least sixty (60) days notice prior to the employee’s return date.
Other types of leave available are Political Leave of Absence Regulation 4357; Leave for Instructional or Consultant Services Regulation 4356; and Military Leave Regulation 4352. The District provides various types of leave of absences. If you need to take advantage of any of these, ensure that you take the time to read the appropriate regulation and that you follow the timelines.