Full time employees are entitled to vacation with pay. Full-time is defined as working forty (40) hours per week and fifty-two (52) weeks per year. Vacation shall be earned according to the following schedule:

First year of employment                                           1 Weeks

Second-ten years of employment                               2 Weeks

Tenth year to Nineteenth year of employment           3 Weeks

Twentieth and all subsequent years of employment  4 Weeks

 Those who have been employed less than six months at the end of the fiscal year or terminate the employment before the end of a fiscal year shall not be entitled to any paid vacation.

The vacation time shall generally be scheduled during non-school time and may be taken in one-half day increments. The superintendent shall review and approve of all vacation requests.

Vacation time may not accumulate from one year to the next and shall be used by June 30th of the following fiscal year. Except in cases of emergency, employees may not be employed for extra wages during vacation periods.

Holidays - Employees shall be entitled to be absent from work on the below listed holiday: Labor Day, Thanksgiving, Christmas Day, New Years Day, Memorial Day, July 4th. Such holidays shall be with pay providing they occur during the employees' normal work year. Each employee will be paid for the normal contracted work hours as per individual contract.

Personal leave - At the beginning of every school year, each employee shall be credited with two (2) days, with pay, to be used for the employee's personal business, which shall mean business that cannot be conducted other than during working hours. An employee planning to use a personal day shall notify the superintendent at least three days in advance, except in the case of a bona fide emergency, in which case the superintendent shall be notified as soon as possible. Personal days shall not accumulate from year to year.

 

 

Legal Reference:  Iowa Code §§ 1C.1-.2; 4.1(34); 20.9 (1995).

Cross Reference:  409.1   Licensed Employee Vacations - Holidays  Personal Leave
                                       601.1   School Calendar

Approved: March 1996
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

A. Accumulative benefits - Employees shall be entitled to paid sick leave days each

school year as of the first official day of said school year whether or not they report for duty on that day. Sick leave may be used for personal illness of the employee. The employee shall promptly notify the Superintendent of the employee's intention to use sick leave, as soon as the necessity therefore is known to the employee. Unused sick leave days shall be accumulated from year to year with a limit of 120 days so accumulated. Sick leave shall be according to the following schedule:

 

First year of employment                                           10 days

Second year of employment                                       11 days

Third year of employment                                          12 days

Fourth year of employment                                        13 days

Fifth year of employment                                           14 days

Sixth and all subsequent years of employment            15 days

 

B. Evidence of illness - The employee shall furnish the Superintendent with a written

statement from a medical doctor, certifying to the existence, nature and duration of the illness and the employee's ability to return to work for all absences in which the employee is absent for five consecutive days or for five absences within a four-week time period.

 

C. Notification of accumulation - Employees shall be given a copy of a written

accounting of accumulated sick leave days no later than October 1st of each

school year.

 

D. Use of sick leave for family illness - Upon application by the employee, the employee

shall be entitled to use up to a maximum of seven (7) days per year of the employee's paid sick leave, which is provided for in Paragraph A above, when a member of the employee's immediate family (defined as the employee's spouse, minor dependent children, and parents) is ill and it is necessary for the employee to personally care for said family member. The employee shall apply to the Superintendent or his designee for such sick leave as soon as the necessity for it is

know to the employee. The Superintendent may require reasonable evidence, including medical evidence of the nature of the illness of the family member, that said sick leave is necessary. The use of sick leave for family illness, as provided for in this paragraph, shall be charged against the employee's available sick leave provided for in Paragraph A above, and shall not be in addition thereto. The right to use sick leave for family illness shall not accumulate from year to year.

 

E. If an employee's work hours change, the accumulated sick leave will be converted to

the new work day schedule based upon the number of hours contracted during the time the leave was accumulated.

 

 

 

Legal Reference:  Whitney v. Rural Ind. School District, 232 Iowa 61,4 N.W.2d 394 (1942).
                                     26 U.S.C. § 2601 et seq. (Supp. 1993)
                                     29 C.F.R. Pt. 825 (1993).
                                     Iowa Code §§ 20; 85.33, .34, .38(3); 279.40 (1995).
                                     1980 Op. Att'y Gen. 605.
                                     1972 Op. Att'y Gen. 177,353.
                                     1952 Op. Att'y Gen. 91.

Cross Reference:  403.2   Employee Injury on the Job
                                     414.3     Classified Employee Family and Medical Leave
                                     414.8     Classified Employee Unpaid Leave

Approved: March 1996
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

A. School district notice.

1. The school district will post the notice in Exhibit 409.3E1 regarding family and medical leave.
2. Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually. The information will be in the [ employee handbook ].
3. When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements. Such information will include:
   
   1. a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement or 26 week entitlement depending on the purpose of the leave;
   2. a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so or proof of call to active duty in the case of military family and medical leave;
   3. an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and
   4. a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.

B. Eligible employees.

Employees are eligible for family and medical leave if three criteria are met.

1. The school district has more than 50 employees on the payroll at the time leave is requested;
2. The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and,
3. The employee has worked at least 1,250 hours within the previous year. Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

C. Employee requesting leave -- two types of leave.

1. Foreseeable family and medical leave.
   
   1. Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.
   2. Employee must give at least thirty days notice for foreseeable leave. Failure to give the notice may result in the leave beginning thirty days after notice was received. For those taking leave due to military family and medical leave, notice should be given as soon as possible.
   3. Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district. The scheduling is subject to the approval of the health care provider.
2. Unforeseeable family and medical leave.
   
   1. Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.
   2. Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.
   3. A spouse or family member may give the notice if the employee is unable to personally give notice.

D. Eligible family and medical leave determination. The school district may require the employee giving notice of the need for leave to provide reasonable documentation or a statement of family relationship.

1. Six purposes.
   
   1. The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;
   2. The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;
   3. To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition; or
   4. Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.
   5. because of a qualifying exigency arising out of the fact that an employee's ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.
   6. because the employee is the spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.
2. Medical certification.
   
   1. When required:
      1. Employees shall  be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job.
      2. Employees shall be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.
      3. Employees shall be required to present certification of the call to active duty when taking military family and medical leave.
   2. Employee's medical certification responsibilities:
      1. The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.
      2. The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits. The second health care provider cannot, however, be employed by the school district on a regular basis.
      3. If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition. This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district. This certification or lack of certification is binding upon both the employee and the school district.
   3. Medical certification will be required fifteen days after family and medical leave begins unless it is impracticable to do so. The school district may request recertification every thirty days. Recertification must be submitted within fifteen days of the school district's request.
   4. Employees taking military caregiver family and medical leave to care for a family service member cannot be required to obtain a second opinion or to provide recertification.

Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification will be denied until such certification is provided.

E. Entitlement.

1. Employees are entitled to twelve weeks unpaid family and medical leave per year. Employees taking military caregiver family and medical leave to care for a family service member are entitled to 26 weeks of unpaid family and medical leave but only in a single 12 month period.
2. Year is defined as Fiscal year

3. If insufficient leave is available, the school district may:
   
   1. Deny the leave if entitlement is exhausted
   2. Award leave available

F. Type of Leave Requested.

1. Continuous - employee will not report to work for set number of days or weeks.
2. Intermittent - employee requests family and medical leave for separate periods of time.
   
   1. Intermittent leave is available for:

___ birth of my child or adoption or foster care placement subject to agreement by the district;

___ serious health condition of myself, spouse, parent, or child when medically necessary;

___ because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves;

____ because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.

2. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.
3. During the period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits. (For instructional employees, see G below.)

3. Reduced work schedule - employee requests a reduction in the employee's regular work schedule.
   
   1. Reduced work schedule family and medical leave is available for:

___ birth of my child or adoption or foster care placement subject to agreement by the district;

___ serious health condition of myself, spouse, parent, or child when medically necessary;

____ because of a qualifying exigency arising out of the fact that my ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves;

___ because I am the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.

2. In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.
3. During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits.

G. Special Rules for Instructional Employees.

1. Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting. This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.
2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:
   
   1. Take leave for the entire period or periods of the planned medical treatment; or,
   2. Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.
3. Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester. The number of weeks remaining before the end of a semester does not include scheduled school breaks, such as summer, winter or spring break.
   
   1. If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.
   2. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.
   3. If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.
4. The entire period of leave taken under the special rules is credited as family and medical leave. The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.

H. Employee responsibilities while on family and medical leave.

1. Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.
2. The employee contribution payments will be deducted from any money owed to the employee or the employee will reimburse the school district at a time set by the superintendent.
3. An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled if payment is not received within an additional 15 days.
4. An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.
5. The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.
6. If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return. The school district will cease benefits upon receipt of this notification.

I. Use of paid leave for family and medical leave.

An employee may substitute unpaid family and medical leave with appropriate paid leave available to the employee under board policy, individual contracts or the collective bargaining agreement. Paid leave includes, but is not limited to, sick leave, family illness leave, vacation, personal leave, bereavement leave and professional leave. When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.

 

Approved: March 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

In case of the death of an employee's spouse, child, or step-child, the employee

shall be entitled to a leave of absence of five (5) consecutive work days, with pay. Said leave days may be taken within a reasonable time after the death, but if not taken within ten (10) work days after the death, shall be lost. The employee shall promptly notify the Superintendent of the death, and when the leave days will be taken.

In the case of the death of the employee's brother, sister, parent or grandparent, the employee shall be entitled to a leave of absence of three (3) consecutive work days, with pay. Said leave days may be taken within a reasonable time after the death, but if not taken within ten (10) work days after the death, shall be lost. The employee shall promptly notify the Superintendent of the death, and when the leave days will be taken.

In the case of the death of the employee's spouse's brother, sister, parent or grandparent, the employee shall be entitled to a leave of absence of three (3) consecutive work days with pay. Said leave days may be taken within a reasonable time after the death, but if not taken within ten (10) work days after the death, shall be lost. The employee shall notify the Superintendent of this death, and when the leave days will be taken.

In case of the death of a person with whom the employee had an unusually close personal relationship, the employee shall be entitled to a leave of absence, without pay, for the time necessary to attend the funeral. The employee shall promptly notify the Superintendent of this death, and when the leave will be taken.

 

 

Legal Reference:  Iowa Code §§ 20; 279.8.

Cross Reference:  414 Classified Employee Vacations and Leaves of Absence

Approved: March 1996
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

The board will provide a leave of absence to classified employees to run for elective public office. The superintendent will grant a classified employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The classified employee will be entitled to one period of leave to run for the elective public office, and the leave may commence any time within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent at least thirty days prior to the starting date of the requested leave.

 

 

Legal Reference:  Iowa Code ch. 55.

Cross Reference:  401.9 Employee Political Activity
                                       414 Classified Employee Vacations and Leaves of Absence

Approved: March 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

The board will allow classified employees to be excused for jury duty unless extraordinary circumstances exist. The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district. The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.

Classified employees will receive their regular salary. Any payment for jury duty is turned over to the school district.

  

 

Legal Reference:  Iowa Code §§ 20.9; 607A.

Cross Reference:  414 Classified Employee Vacations and Leaves of Absence

Approved: March 1996
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

The board recognizes classified employees may be called to participate in the armed forces, including the national guard. If a classified employee is called to serve in the armed forces, the employee will have a leave of absence for military service until the military service is completed.

The leave is without loss of status or efficiency rating, and without loss of pay during the first thirty calendar days of the leave.

 

 

Legal Reference:  Bewley v. Villisca Community School District, 299 N.W. 2d 904 (Iowa 1980).
                                      Iowa Code §§ 20; 29A.28.

Cross Reference:  414 Classified Employee Vacations and Leaves of Absence

Approved: March 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies. Unpaid leave for classified employees must be authorized by the superintendent. Whenever possible, classified employees will make a written request for unpaid leave ten days prior to the beginning date of the requested leave. If the leave is granted, the deductions in salary are made unless they are waived specifically by the superintendent.

The superintendent will have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent will consider the effect of the employee's absence on the education program and school district operations, the financial condition of the school district, length of service, previous record of absence, the reason for the requested absence and other factors the superintendent believes are relevant in making this determination.

If unpaid leave is granted, the duration of the leave period is coordinated with the scheduling of the education program whenever possible, to minimize the disruption of the education program and school district operations.

 

 

Legal Reference:  Iowa Code §§ 20.9; 279.8.

Cross Reference:  414 Classified Employee Vacations and Leaves of Absence

Approved: March 1996.
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020

 

Professional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments. Application for the leave must be presented to the superintendent 14 days prior to the meeting or conference.

It is within the discretion of the superintendent to grant professional purposes leave. The leave may be denied on the day before or after a vacation or holiday, on special days when services are needed, when it would cause undue interruption of the education program and school district operations, or for other reasons deemed relevant by the superintendent.

 

 

Legal Reference:  Iowa Code § 279.8.
                                       281 I.A.C. 12.7.

Cross Reference:  411 Classified Employees - General
                                       408.1 Classified Employee Professional Development

Approved: March 1996
Reviewed:  April 2009, January 2011, January 2014, January 2017, May 2020