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DP324 NEG – Sick Leave—Licensed

  • Effective: 1/9/1996
  • Revision: 5/26/2015
  • Reviewed: 4/26/13

  1. Board Directive
    It is the policy of the Board to authorize paid sick leave benefits for licensed personnel who work 20 hours per week or more and to comply with requirements of Public Law 103-3, Family and Medical Leave Act.  The Board delegates to the Administration responsibility for establishing guidelines for sick leave and family leave benefits.  Sick leave runs concurrent with Family Medical Leave Act (FMLA) and Workers Compensation.  Refer to Policy DP322 NEG- Family Medical Leave Act.
  2. Administrative Policy
    Definitions
    Immediate family is defined as husband, wife, daughter, son, father, mother, brother, sister, or other person residing in the employee’s home on a permanent basis. Special circumstances may be appealed to the Sick Leave Review Committee for consideration of immediate family status.
    Continuous service includes an approval leave of absence, sabbatical leave, sick bank, military and/or FMLA leave.  A resignation or retirement constitutes a “break in service.”  Employees returning to Jordan School District following a break in service will receive a new continuous service date reflecting the date of their return.  District seniority will be based on the new continuous service date.  Prior employment experience with Jordan School District may be taken into consideration for purposes of placement on the salary schedule.
    The sick leave policy shall be administered according to the following administrative policy provisions:

    1. Sick Leave Allowances
      1. Until June 30, 2007, licensed employees with a continuous service date prior to July 1, 1977, shall be allowed unlimited sick leave not to exceed 180 days per contract year for 9-month employees, 220 days for 11-month employees, and 240 days for 12-month employees.
      2. Licensed employees with a continuous service date on or after July 1, 1977, shall be allowed sick leave in accordance with the following schedule:
        Year 1 (not eligible for sick bank) 10 days per year*
        Years 2 through 5 10 days per year*
        Years 6 through 10 11 days per year*
        Years 11 through 15 12 days per year*
        Years 16 and beyond 13 days per year*
        Maximum accumulations:
        176 and 184-day contracts (9 month) 180 days
        220 to 233-day contracts (11 month) 220 days
        245-day contracts (12 month) 240 days

        * Note: An employee may use up to three days of his/her own accumulated sick leave to attend to the health care needs of immediate family members.  This schedule does not change the way unused sick leave benefits are calculated at the time of retirement.

      3. Employee Eligibility
        1. In order to be eligible to participate in the sick bank an employee must voluntarily donate one day annually of accumulated sick leave to the sick bank.  Employees wishing to opt out of participation in the sick bank must annually complete the appropriate form no later than September 1 of each school year.  Employees who have been offered a temporary transitional duty assignment due to a work-related injury, who refuse the temporary transitional duty assignment, will not be eligible for Sick Bank.
        2. First-year employees are not eligible to participate in the sick bank.
      4. Calculating sick leave allowances
        1. Employees hired after a contract year has started shall receive sick leave benefits on a prorated basis for the remainder of that year.  (For example, an employee who is on contract for 50 percent of the contract year would be eligible to receive 50 percent or 5 days of the 10-day annual sick leave allowance.)
        2. When calculating sick leave allowances in subsequent years, employees shall be awarded a full year of service for the first partial year of employment if their hire date is prior to January 1.  If their hire date is after January 1, no service shall be awarded for the first partial year of employment.
      5. Sick leave benefits during approved absences
        1. Interruptions of work for sabbatical leave, educational leave, or other authorized leaves shall not be considered a break in continuous service.  Should an employee be granted a leave for any reason, he/she will keep his/her number of cumulative sick leave days to be used upon return, but shall not be considered for sick leave during the time of leave.
        2. Employees returning from authorized leaves shall receive sick leave benefits according to the policy in force at the time the leave began except when the policy is changed as a result of negotiations.
      6. Use of sick leave for critical family care
        A maximum of twelve (12) days of sick leave may be used each year to care for a critically ill member of the immediate family or critically ill person residing on a permanent basis in the employee's home.

        1. Use of sick leave for critical family illness must be authorized by the Sick Leave Bank Review Committee.  The employee must submit his/her request in writing by applying online via Employee Access.
        2. Employees may not apply for critical family illness benefits until two (2) personal leave days and all family leave benefits are used.  Employees will be allowed to use up to five (5) personal leave days, but may not use more than five (5) accumulated personal leave days in any contract year as set forth in DP335 Personal Leave—Licensed.
        3. In cases of extended critical illness, employees may apply for additional days beyond the twelve (12) day allowance.
          (1)     If circumstances warrant it, the Sick Leave Bank Review Committee may authorize additional days equal to the number of unused family days available at the beginning of the critical illness. (A maximum of 3.)
          (2)     Employees who have exhausted two personal leave days, and family leave benefits, but who must continue to deal with a critical family care (as defined in item 5 above) may apply to the Sick Leave Bank Review Committee for additional days.  One additional day may be granted for each year of service in the District up to a maximum of fifteen (15) days.  If additional days are granted, only the cost of a long-term substitute shall be deducted from the educator’s pay.
          (3)    For those employees hired prior to July 1, 1977, the Sick Leave Bank Review Committee may allow the use of sick leave days for a critical family care (as defined in item 5 above).  One additional day may be granted for each year of service in the District up to a maximum of 12 days.  If additional days are granted, only the cost of a long-term substitute will be deducted from the educator’s pay. This will remain in effect until June 30, 2007.
      7. Use of sick leave for adoption
        1. An employee who adopts a child must apply for critical family care days by submitting his/her request in writing to the Sick Leave Bank Review Committee by applying online via employee access.   Employees may use up to a maximum of twenty (20) days critical family leave at the time of actual custody of the child.
        2. Employees may not apply for critical family care benefits until two personal leave days and family leave benefits are used.  Employees will be allowed to use up to five (5) personal leave days, but may not use more than five (5) accumulated personal leave days in any contract year as set forth in DP335- Personal Leave—Licensed.
        3. Any additional leave must fall under the policy provisions of DP322—Family Medical Leave Act.
        4. Part-time employees (half-time or more) may be granted up to a total of twelve (12) weeks leave (paid and non paid, including any off track time to continue to care for an adopted infant.
          (1) During the leave period, the District shall continue to pay its portion of the employee’s group health insurance premium.  An employee on leave must continue to pay his/her portion of the health insurance premium in order to keep coverage in effect.
          (2) An employee is not entitled to the accrual of any seniority or employment benefits that would have accrued if not for the leave.  An employee will not lose any seniority or employment benefits that accrued before the date the leave began.
          (3) If an employee fails to return to work after the leave has ended, the District may recover the health insurance premium paid by the District on the employee’s behalf.
    2. Employee-Funded Sick Leave Bank
      1. Establishment of the sick leave bank
        1. Each year, all participating employees (years 2 and beyond) in the accumulated sick leave program will donate one (1) sick leave day, unless the employee has opted out, to be placed in the sick bank.
      2. Use of the sick leave bank
        1. The sick bank is not intended to be used for short-term, in-and-out absences, elective medical procedures or other medical care that could be scheduled during non-contract time.
        2. Medically documented intermittent leave for long-term illness may be approved.
        3. Days from the sick leave bank shall be granted to eligible employees only after all accrued sick leave, family leave, and personal leave days have been used.
        4. Employees will be required to sign a release of medical information when making application to the sick leave bank.  Sick leave bank members must sign a confidentiality agreement to protect employees’ medical information and confidentiality.
        5. A combination of continuous years of service and accumulated sick leave days shall be used to determine the number of sick bank days which an employee qualifies to receive and any pay loss to be sustained.  (Years of service shall be computed in accordance with established guidelines for salary step movement.)
        6. Employees are not eligible to participate in the sick bank until 12 months after the date of employment.
        7. Employees who have been offered a temporary transitional duty assignment due to a work related injury, who refuse the temporary transitional duty assignment, will not be eligible for Sick Bank.
    3. Sick Bank Allowances
      1. Second Year Employees
        1. Second year employees shall be allowed up to 10 sick bank days at full pay according to the following schedule:
          Days of Accumulated
          Number of Days that
          Sick Bank
          Sick Leave at Beginning
          Long-Term Substitute
          Days Allowed
          of Long-Term Absence
          Costs Will Be Deducted
          At Full Pay
          13 plus
          0
          10
          12
          1
          9
          11
          2
          8
          10
          3
          7
          9
          4
          6
          8
          5
          5
          7
          6
          4
          6
          7
          3
          5
          8
          2
          4
          9
          1
          3 or fewer
          10
          0
        2. After all sick bank days allowed according to the schedule listed under item a. are used, second year employees may be granted up to 10 additional sick bank days if circumstances warrant it.  The cost of a long-term substitute shall be deducted for each additional day used under this option.
        3. In cases of catastrophic illness or injury, the Sick Bank Committee may grant second year employees up to 20 additional days of sick bank after all sick bank days provided under items a. and b. are exhausted.  The cost of a long-term substitute shall be deducted for each additional day used under this option.
      2. Third Year Employees
        1. Third year employees shall be allowed up to 40 sick bank days at full pay according to the following schedule:
          Days of Accumulated
          Number of Days that
          Sick Bank
          Sick Leave at Beginning
          Long-Term Substitute
          Days Allowed
          of Long-Term Absence
          Costs Will Be Deducted
          At Full Pay
          15 plus
          0
          40
          14
          1
          39
          13
          2
          38
          12
          3
          37
          11
          4
          36
          10
          5
          35
          9
          6
          34
          8
          7
          33
          7
          8
          32
          6
          9
          31
          5
          10
          30
          4
          11
          29
          3
          12
          28
          2
          13
          27
          1
          14
          26
          0
          15
          25
        2. After all sick bank days allowed according to the schedule listed under item a. are used, third year employees may be granted up to 40 additional sick bank days if circumstances warrant it.  The cost of a long-term substitute shall be deducted for each additional day used under this option.
        3. In cases of catastrophic illness or injury, the Sick Bank Committee may grant third year employees sufficient sick bank days to cover their transition to long-term disability after all of the sick bank days provided under items a. and b. are exhausted.  The cost of a long-term substitute shall be deducted for each additional day used under this option.
      3. Employees with four or more years of service shall be allowed up to 120 days from the sick bank at full pay less the cost of the substitute for each day the employee falls below 15 days of accumulated sick leave at the beginning of the long-term absence.  (A maximum of 15 days' long-term substitute costs will be deducted.)
      4. Sick bank limitations
        1. Prior to granting sick bank days, an employee shall agree in writing to repay compensation at his/her daily rate of pay for sick bank days used or granted if he/she terminates employment with the district for other than medical reasons before completion of the current and succeeding contract year.
        2. The illness/injury must be medically documented with a statement bearing an original signature from the attending physician.  The verification of absence form may not be stamped with a physician's signature or signed by the attending nurse, office manager, etc.
        3. A second opinion may be required with any costs not covered by insurance borne by the District.
        4. When an employee requests sick bank days more than once within a 48-month period for an unrelated illness, a three (3)-day loss of pay shall be required before sick bank days are granted.  Use of sick bank days shall be limited to 120 days within a 48-month period.  The employee will also be required to meet all other qualifying criteria.
        5. Under catastrophic conditions, employees may appeal to the sick bank committee for a waiver of pay loss provisions.  The committee shall review the employee's attendance record and other related factors and either grant or deny the waiver based on the findings.  No appeal beyond the sick bank committee is provided.
    4. Sick Leave Review Board
      1. A Sick Leave Review Board shall be organized to review issues related to sick bank usage and cases of suspected sick leave abuse.
      2. The Sick Leave Review Board shall be composed of one administrator appointed by the superintendent and two members appointed by the president of the licensed employee agent.
    5. Abuse of Sick Leave
      1. Administrators shall periodically review sick leave usage.
      2. If an abuse of sick leave is suspected, the administrator shall confer with the employee and, if necessary, ask the Sick Leave Review Board to review the case.  Cases will be reviewed according to Administrative Guidelines developed by the Sick Leave Review Board.
      3. If it is determined that an abuse of sick leave has occurred, the following actions shall be taken:
        1. The sick leave benefits which were paid inappropriately shall be reclaimed from the employee.
        2. The employee shall be suspended for five (5) days without pay during the next pay period.
        3. A reprimand shall be entered in the employee's personnel file.
      4. A second proven abuse of sick leave may result in immediate termination.
    6. Payment for Sick Leave
      1. In order to receive full pay for work missed due to illness or injury, employees shall complete an absence form which is approved by the immediate supervisor and submitted to the Payroll Department for processing.
      2. Employees may be required to verify the nature and duration of an illness or injury with a doctor's certificate.
    7. Notification of Absence
      1. Employees are required to notify their immediate supervisor as soon as they know that they will be absent from work.
      2. If a substitute must be hired, the employee shall see that the Human Resources Department is notified no later than 6:30 a.m. on the day of the absence.