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SECTION 7: EMPLOYEE LEAVE POLICY

The continuous presence of employees promotes excellence in the instructional program by ensuring the following:

  • the uninterrupted continuity of education
  • greater teacher-student contact time
  • appropriate role-model emulation
  • consistent classroom discipline
  • reduced cost

Therefore, the board expects employees to come to work every day. The board recognizes, however, that certain absences are unavoidable. At such times, employees should take leave in accordance with the district’s leave policy and the employee’s school procedures.

All leave time allowed by the district must be earned at the prescribed rates and at no time will leave of any kind be advanced to an employee. Furthermore, if an employee is absent from work for any reason, except extended military leave, and has exhausted all his/her FMLA leave and accrued leave, automatic termination of employment will occur whenever the absence from work exceeds 90 consecutive days. However, if the employee has more than 90 days of leave time accrued, then automatic termination of employment will occur after all FMLA and accrued leave have been used.


Sick leave Policy GCC

An absent employee must input all absences in the Frontline system. 

An employee will notify his/her immediate supervisor as early as practicable when it is necessary for him/her to be absent. When an employee knows that he/she will be absent for a period longer than five days, he/she should complete and file a request for leave of absence.

All full-time employees of the district will accrue sick leave on the basis of one and one-fourth days of sick leave for each month of active service. This will provide 12 days for nine months (180-195 days), 13 days for 10 months (200-205 days), 14 days for 11 months (210-220 days) and 15 days for 12 months (233/240 days). An employee may accumulate up to 120 days of sick leave which is accrued but not used provided that such employee does not violate his/her respective contract.

Employees are expected to come to work every day. However, certain absences are unavoidable. All leave time allowed by the district must be earned at the prescribed rates and at no time will leave of any kind be advanced to an employee. Once the designated days of sick leave have been exhausted, the employee must make a written request to the superintendent to use any accrued leave that he or she may have. If the employee does not have any accrued leave, the employee’s pay will be docked accordingly. If you are in this situation, please contact one of the leave specialists in the office of human resources immediately to discuss options to adjust your pay, if your situation permits.

Verification and use of sick leave
The use of sick leave may be subject to verification. Specifically, the district reserves the right to require that an employee submit a doctor’s statement verifying an illness along with an absence report form when the employee has been on sick leave for more than three consecutive working days. The building principal or employee’s immediate supervisor has the discretion to request a doctor’s statement at any time if concerns exist about the employee’s attendance record for work.

An employee must submit a doctor’s statement verifying an illness along with an absence report form when the employee has been on sick leave five to nine consecutive working days.

In order for the district to provide for the continuity of the educational programs and plan for adequate substitutes, an employee who is absent 10 or more consecutive workdays must provide a physician’s statement of diagnosis and prognosis so that the district may determine the earliest possible date of return. The employee’s immediate supervisor will notify him/her that the employee must provide Form 301 Request for Extended Illness Leave.

If the employee does not provide the physician’s statement within five workdays following the written notification, the district may terminate his/her employment.

Sick leave
An employee may use sick leave for absences caused by personal illness.

Categorical leave
Up to 12 sick days per year may be used as categorical leave for the following reasons:

  • illness in the immediate family which is defined as spouse, son, son-in-law, stepson, daughter, daughter-in law, stepdaughter, mother, mother-in-law, stepmother, father, father-in-law,   stepfather, brother, brother-in-law, stepbrother, sister, sister-in-law, stepsister, grandparents, grandparents-in-law, step-grandparents, guardian and ward or other relative living in the household at the time of illness and any individual with a special relationship to the employee as approved by the superintendent or his/her designee
  • religious observances as specified in church doctrine
  • emergency situations as approved by the superintendent or his/her designee which are characterized by urgency or necessity and requiring immediate attention

Discretionary leave
Employees who have been employed with the district for under 5 years, with the exception of 12-month full time staff members, may use up to three days of sick leave each school year as discretionary leave. Employees who have been employed with the district for more than 5 years, with the exception of 12-month full time staff members, may use up to six days of sick leave each school year as discretionary leave. Discretionary leave can be used by the employee for personal reasons with no explanation required, but the request to use leave should be made at least one week in advance and must be approved by the principal or immediate supervisor.

Discretionary leave will not be allowed during the first or last five days of student attendance of each semester, during statewide testing dates, on the day before or after a holiday, or on in- service/workdays without the approval of the superintendent.

Bereavement leave
An employee may use up to five days of accrued sick leave for the death of an immediate family member as defined in this policy. 

Emergency leave
For emergencies and unusual situations not covered by the leave policies of the district, an employee may request the superintendent’s authorization for use of sick leave days. The employee must submit the request in writing through the principal or supervisor to the superintendent.

Legal absence
An employee should notify his/her principal or immediate supervisor when called for jury duty or subpoenaed. The district will grant an employee leave without loss of pay when he/she is summoned for jury duty or subpoenaed in the line of duty to represent the district as a witness or defendant. Whenever a prospective juror is dismissed before the end of the working day, he/she will return to his/her official duties.

When selected for jury duty, teachers, certified personnel at the building level or bus drivers may request a postponement to a date that does not conflict with the school term.

Maternity/Paternity Leave
A pregnant employee is eligible for extended illness leave.  While on leave, she may receive pay for accumulated sick leave as provided herein.

Military leave
Employees may take military leave without loss of pay, seniority or efficiency rating for one or more periods not exceeding a total of 15 workdays in one year. Saturdays, Sundays and state holidays may not be included in this 15 days unless the Saturday, Sunday or holiday is a regularly scheduled workday for the employee.

This leave may be taken when the employee is engaged in training or other duties ordered by the governor, the department of defense, the department of the army, the department of the air force, the department of the navy, the department of the treasury, or any other department or agency of the government of the United States having authority to issue lawful orders requiring military service. This leave applies to employees who are either enlisted or commissioned members of the South Carolina National Guard, the United States Army Reserve, the United States Air Force Reserve, the United States Naval Reserve, the United States Marine Corps Reserve or the United States Coast Guard Reserve.

In the event an employee is called upon to serve during an emergency, he/she will be entitled to such leave of absence for a period not exceeding 30 additional days.  The board expects employees to request their training for a period when school is not in session.

An employee seeking leave for annual active duty training must forward a written request, including the appropriate verifying data, to the superintendent no later than 30 days prior to the pre-arranged military activity.

Extended military leave
Employees who enlist or are called to active duty are eligible for up to five years extended military leave. All provisions of federal law apply to extended military leave (reemployment, benefits, etc.). However, the district is not required to maintain employee benefits for extended leave.

Written substantiation of leave under this policy is required. Falsification of reason for leave may be cause for disciplinary action up to and including termination of employment.  Application and approval for leave under this policy are made on the leave application form.

Organ Donor Leave
Employees may take a leave of absence to be an organ donor without loss of pay, time, leave or efficiency rating for one or more periods not exceeding a total of 30 workdays in one fiscal year.

Saturdays, Sundays and state holidays may not be included in this 30 days unless the Saturday, Sunday or holiday is a regularly scheduled workday for the employee.

An employee seeking leave to be an organ donor must forward a written request, including the appropriate documentation from the attending physician verifying that the employee is the donor, to the superintendent prior to the leave.

Termination
The district may terminate the employment of any employee who fails to comply with the requirements of this policy and accompanying administrative rule, who fails to report to work at the expiration of authorized leave or who fails to obtain an extension of leave.

An employee is subject to termination from employment with the district for misstatements of fact and/or misrepresentations of purpose for which leave of absence is desired or on the basis of which sick leave is obtained.

The district will not terminate from employment those employees under this policy who have accrued sick leave and who are using it in compliance with this policy for consecutive absences of less than 91 days.

Reimbursement for accumulated annual leave under Teacher and Employee Retention Incentive (TERI) program
The district will reimburse employees under TERI for unused annual leave at the time of separation from the district. The district will pay the employee for 20 days of vacation days at the employee’s rate of daily pay.

Conferences/Training workshops
The board believes that it is desirable to provide professional leave for teachers in order to attract and retain faculty who will continue to grow professionally and enhance their service to the public schools of the district.

The district may grant temporary leave to an employee for the purpose of attending activities designed to improve employee competency or to improve the instructional or service programs of the district. The superintendent may authorize professional leave for attending state, regional and national meetings, workshops and conferences (including observing in other schools) without pay deduction. The employee must apply for prior approval through his/her supervisor.

The superintendent will determine the number of absences allowable for professional leave. Absences will also be subject to budget limitations for employing substitutes and reimbursement for travel, meals and lodging.

Use of Extended Leave

An employee who anticipates taking an extended leave of absence should submit the request for leave to his/her supervisor at least 30 calendar days prior to the effective date of the leave. The leave request must include a statement from a licensed medical doctor giving the expected delivery date or stating the anticipated length of convalescence.

Any employee returning from an extended leave of absence must present a statement from the attending physician certifying the employee’s ability to return to a normal work schedule.

When the employee makes a request in writing, the superintendent may grant an employee leave without pay for personal illness following the exhaustion of all accrued sick leave; however, if an employee is absent from work for any reason (except extended military leave) and has exhausted all his/her FMLA leave and accrued leave, automatic termination of employment will occur whenever the absence from work exceeds 90 consecutive days. If the employee has more than 90 days of leave time accrued, then automatic termination of employment will occur after all FMLA and accrued leave have been used.

Accrued sick leave days, up to a maximum of 120 days, may be used for serious illness in the employee’s immediate family which requires the employee to provide care. An employee who anticipates requiring extended leave to provide care for a family member should submit a written request on the appropriate district form to their supervisor as far in advance as possible. The request for extended leave for this purpose must include a statement from a licensed medical doctor giving the expected time the employee will be needed to provide care for a family member. The request must be approved by the superintendent or his/her designee. The term “immediate family” includes the following.

  • spouse
  • son, son-in-law, stepson
  • daughter, daughter-in-law, stepdaughter
  • mother, mother-in-law, stepmother
  • father, father-in-law, stepfather
  • brother, brother-in-law, stepbrother
  • sister, sister-in-law, stepsister
  • grandparents, grandparents-in-law, step-grandparents
  • guardian and ward or other relative living in the household at the time of illness
  • individual with a special relationship to the employee as approved by the superintendent or his/her designee

When the employee makes a request in writing, the superintendent may grant an employee leave without pay for personal illness following the exhaustion of all accrued sick leave. Leave with and without pay will not extend beyond the immediate school year.

The district will assign an employee who returns to work the same or similar duties which he/she performed prior to going on leave, if such assignment is in the best interest of the district. If the administration does not consider it to be in the best interest of the district to assign the employee to the position he/she had prior to going on leave or to a similar position, the district will offer the employee a position for which he/she is qualified. The district will place the employee on the payroll at his/her pre-leave salary status.

Transfer of Sick Leave
An individual employed by the district from another South Carolina school district or state agency may transfer and retain up to 90 days of sick leave that was accumulated with the former employer.


Family and Medical Leave Act (FMLA)

The board will provide leave to eligible employees consistent with the Family and Medical Leave  Act of 1993 (FMLA). Eligible employees are entitled to up to 12 workweeks of unpaid family and medical leave in any 12-month period. FMLA also includes a special leave entitlement under the 2008 National Defense Authorization Act that permits eligible employees to take up to 26 weeks of leave during a 12-month period to care for a covered service member injured during active duty. Additionally, FMLA leave can be used for “qualifying exigencies” arising out of the fact that a spouse, child or parent of the employee has been called to active duty in the National Guard or Reserves.

Eligibility
An employee who has worked for the district for at least 12 months is eligible for 12 workweeks of FMLA leave during a 12-month period provided the employee worked at least 1,250 hours in the 12 months preceding the beginning of the leave. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period.

For purposes of FMLA leave, a 12-month period is the district’s fiscal year.   The 12 months of employment need not be consecutive months.

An eligible employee may take FMLA leave for any of the following:

  • birth of a child
  • adoption or foster placement of a child
  • serious illness of an employee’s spouse, parent or child
  • employee’s own serious health condition that keeps the employee from performing the essential functions of his/her job
  • a family member (spouse, son, daughter or parent) is on active duty or has been called to active duty for any qualifying exigency as defined in federal regulation

Under the 2008 National Defense Authorization Act, a provision known as the Service Member Family Leave allows an eligible employee who is the spouse, son, daughter, parent or next of kin (nearest blood relative of the individual) of a covered service member to be entitled to a total of 26 workweeks of leave in a single 12-month period to care for the service member with a serious illness or injury incurred in the line of duty on active duty. Leave under this paragraph is available only during a single year. During that year, the employee is entitled to a combined total of 26 workweeks of leave under this policy.

A serious health condition is one involving continuous treatment by a healthcare provider that results in a period of incapacity of more than three consecutive calendar days and involves visits to a healthcare provider and/or extensive treatment. Such conditions as asthma and diabetes are included in this definition.

FMLA leave is unpaid. However, an employee may elect, or the district may require, an employee to use accrued paid vacation, personal, family or medical or sick leave as offered by the district, concurrent with any FMLA leave. All forms of paid leave offered by the district will be treated the same, regardless of the type of leave substituted. An employee cannot compel the district to permit the employee to use accrued medical/sick leave in any situation under which the leave could not normally be used.

FMLA and spouses employed by the school district
A husband and wife who are both eligible for family and medical leave and are employed by the district may be granted family and medical leave only for a combined total of 12 workweeks of leave per year when the leave is taken for the birth, foster placement or adoption of a child or to care for the child after birth, foster placement or adoption or to care for a parent with a serious health condition.

A husband and wife who are both eligible for family and medical leave and are employed by the district may be granted family and medical leave only for a combined total of 26 workweeks of leave per year if the leave is taken to care for a covered service member.

Intermittent and reduced leave
Intermittent leave is leave taken in separate blocks of time due to a single illness or injury.

Reduced leave is a leave schedule that reduces an employee’s usual number of hours per workweek or hours per workday.

Intermittent or reduced leave is available only for the employee’s own serious health condition or  to care for a seriously ill spouse, child or parent or for a serious injury or illness of a covered service member which requires treatment by a healthcare provider periodically, rather than for one continuous period of time. Such leave may not be used for the birth or adoption/placement of a child.

The employee who wishes to use intermittent or reduced leave must have the prior approval of the district. Although the district and employee may agree to an intermittent or reduced leave plan, the employee who uses family leave is not automatically entitled to use such leave on an intermittent basis or on a reduced leave schedule. The district may provide such leave for medical leave, but the district may transfer the employee to a position which is equivalent, but more suitable for intermittent periods of leave. The employee must furnish the district with the expected dates of the planned medical treatment and the duration of the treatment. The superintendent must authorize such leave in writing.

FMLA and benefits
The district will maintain the employee’s health coverage under the district’s group health insurance plan during the period of FMLA leave. The employee should make arrangements with the district to pay the employee’s share of health insurance (e.g. family coverage) prior to the beginning of the FMLA leave.

Increases in premiums or deductibles that apply to active employees also apply to employees on FMLA leave. An employer may drop coverage for an employee whose premium payment is late only after providing written notice to the employee that the payment has not been received. This notice must be mailed to the employee at least 15 days before coverage is to end and will advise that coverage will be dropped 15 days after the date of the letter unless payment has been received.

The employee will not lose any other employment benefit accrued prior to the date on which leave began but is not entitled to accrue seniority or employment benefits during the leave period.

Employment benefits could include group life insurance, sick leave, annual leave, educational benefits and pensions.

Notice of FMLA
When the FMLA leave is foreseeable, the employee must notify the district of his/her request for leave at least 30 days prior to the date when the leave is to begin. If the leave is not foreseeable, the employee must give notice as early as is practical. When the employee requests medical leave, the employee must make reasonable attempts to schedule treatment so as not to disrupt the district’s operations. The district may deny the leave if the employee does not meet the notice requirements.

Designation of leave as FMLA leave
The district must designate the leave as paid or unpaid FMLA leave within five business days of learning that a FMLA reason supports the leave. The district must also provide other written information concerning the employee’s rights and obligations under FMLA. If the district does not make the designation on time or provide appropriate information, the absence will not count against the employee’s FMLA entitlement.

Certification
The district may require the employee to provide certification from a healthcare provider  containing specific information required under the law if he/she requests a medical leave. If there is a question concerning the validity of such certification, a second and if necessary, a third opinion  can be required, both at the expense of the district.

Upon the employee’s return to work, the district will require that the employee present a fitness statement from the employee’s healthcare provider certifying that the employee is able to return to work.

Restoration
When the employee returns from leave, the district will restore the employee to the same or an equivalent position with equivalent benefits, pay, terms and conditions of employment in accordance with board policy. The employee’s right to return to the same or an equivalent position is contingent upon the employee’s continued ability to perform all the essential functions of the job. An equivalent position is one that is the same or substantially similar in duties, responsibilities, conditions, privileges and status as the original position.

Under certain circumstances, the district may deny restoration to a key employee. The district will comply with the notice requirements of the FMLA in denying restoration. A key employee is one who is among the highest paid 10 percent of the employees and whose absence would cause the district to experience a substantial and grievous economic injury.

The district is entitled to recover healthcare premiums paid during the leave if the employee fails to return from leave. However, recovery cannot occur if the employee fails to return because of the continuation, recurrence or onset of a serious health condition or due to circumstances beyond the control of the employee.

In complying with the FMLA, the district will adhere to the requirements of the Americans with Disabilities Act as well as other applicable federal and state laws.

For further information, please refer to administrative rule GCC-R.