414.2 - Classified Employee Personal Illness Leave

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