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Tag: Sick Leave

Published on
  • Effective       8/11/2020
  • Revised       11/28/2023
  1. Board Directive
    It is the policy of the Board to allow benefit eligible employees Maternity/Parent Leave as indicated below.
  2. Administrative Policy 
    1. Employees applying for Maternity/Parent Leave must apply in Skyward Employee Access under the provisions of DP322 – Family Medical Leave Act.
    2. Benefit-eligible employees shall receive six consecutive calendar weeks of maternity leave, to be used beginning when the child is born, in addition to any other leave for which the employee is already eligible. Medical exceptions may be given by Human Resources. For more information see policies DP324 NEG Sick Leave – Licensed and DP335 NEG Annual Leave – Licensed, DP326 NEG Sick Leave – Education Support Professionals, and DP335B Annual Leave – Education Support Professionals.
    3. A benefit eligible employee shall be paid for contract days which the employee would otherwise have been under contract to work during the six-week maternity leave, but shall not be paid for non-contract days occurring during the maternity leave period.
    4. Benefit-eligible employees shall receive two weeks of parent leave (ten contract days), to be taken during the first year of the child’s life, in addition to any other leave for which the employee is already eligible. A parent taking maternity leave is not eligible for parent leave.
    5. Adoptive parents see policy DP324 NEG Sick Leave – Licensed or DP326 NEG Sick Leave – Education Support Professionals.
    6. Prior to granting maternity/parent leave days, an employee shall agree in writing to repay compensation at his/her daily rate of pay for maternity/parent leave used or granted if he/she terminates employment with the District for other than medical reasons before completion of the current contract year.*
    7. Questions about how this policy applies to an individual family situation should be referred to Human Resources. 

* The Board of Education voted on November 28, 2023, to make the effective revision date retroactive to July 1, 2023.

Published on
  • Effective: 9/17/02
  • Revision:
  • Reviewed: 5/28/13
  1. Board Directive
    The District’s Family and Medical Leave policy is designed to comply with the provisions of the Family and Medical Leave Act (FMLA), 29 USC 2601.  This law entitles eligible employees to receive up to 12 workweeks of unpaid leave each school year (July 1–June 30) for serious medical conditions.  An eligible employee shall be required to use accrued personal leave, family leave, sick leave, and vacation leave, as applicable, prior to the use of leave without pay for the family and medical leave period.  The Board delegates to the Administration responsibility for establishing policy for Family and Medical Leave Benefits.
  2. Administrative Policy
    The Family and Medical Leave policy shall be administered according to the following administrative policy provisions:

    1.  Definitions
      1. An “eligible employee” means any employee who has been employed for at least 12 months by the District and worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of leave.
      2. The term “employment benefits” means all benefits provided by the District to its employees such as group life insurance, health insurance, disability insurance, sick leave, personal leave, vacation leave and pension or retirement benefits.
      3. The term “eligible family member” means a spouse, son, daughter or parent of the eligible employee.
      4. The term “spouse” is defined in accordance with applicable Utah State law.
      5. The term “son or daughter” means biological, adopted, or foster child, a stepchild, or a legal ward, or a child of a person standing in loco parentis.  A child is less than 18 years of age, or older than 18 years, but incapable of self-care due to mental or physical disability.
      6. The term “parent” means the biological parent of the eligible employee or an individual who stands or stood in loco parentis to an employee when the employee was under 18 or incapable of self-care.  This does not include parents-in-law.
      7. The term “serious health condition” means an illness, impairment, or physical or mental condition that requires:
        1. Inpatient care in a hospital, hospice, or residential medical facility; and any period of incapacity or subsequent treatment in connection with such inpatient care, or
        2. Continuing treatment certified as required by a health care provider.
      8. The term “health care provider” means:
        1. Doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
        2. Any person determined by the secretary of labor to be capable of providing health care services (§29 C.F.R.–825.118); or
    2. Entitlement to Leave
      An eligible employee is entitled to 12 workweeks of leave without pay each school year, (July 1–|June 30) in the event of any of the following:

      1. The birth of a son or daughter of the employee and to care for that son or daughter;
      2. The placement of a son or daughter with the employee for adoption or foster care;
      3. An eligible family member has a serious health condition; or
      4. The employee suffers from a serious health condition that makes the employee unable to perform the essential functions of the employee’s position.
    3. Relation to Other Non-Paid Leave
      Any employee who is entitled to unpaid leave under any other District policy shall be limited to the additional weeks of leave necessary to attain the total 12 workweeks of leave provided by this policy.
    4. Relation to Other Leave
      The District shall require the employee to use accrued personal leave, family leave, sick leave, and vacation leave, as applicable, before the use of leave without pay for the family and medical leave period.  Existing District policy governing appropriate use of sick, personal leave, and vacation days are applicable.  If an employee uses accrued compensatory time, that leave time may not be counted against the FMLA leave entitlement.  The total family leave period, whether paid or unpaid, shall not exceed 12 workweeks.
    5. Employee Leave Notice
      Employees, or an appropriate representative, shall submit a request for family or medical leave 30 days in advance when the need for the leave is foreseeable, or as soon as possible in emergencies.
      The District may designate FMLA leave after the fact only:

      1. If the reason for leave was previously unknown, provided the reason for leave is made within two business days after the employee's return to work; and
      2. The District has preliminarily designated the leave as FMLA pending medical certification.
    6. Intermittent Leave
      Leave due to a serious health condition of an employee or eligible family member may be taken intermittently or on a reduced schedule when medically necessary.  The employee requesting intermittent leave or leave on a reduced leave schedule for planned medical treatment must develop a schedule with his or her immediate supervisor, and, based on input from the health care provider, meets the District’s needs without unduly disrupting the District’s operation.  If an employee requests intermittent leave or leave on a reduced schedule for a foreseeable, planned medical treatment, the District may require the employee to transfer temporarily to an available alternative position with equivalent pay and benefits that better accommodates recurring periods of leave.  The District will make the determination as to whether a position is an equivalent position.
    7. Required Documentation
      The District shall document leave requests which qualify as FMLA leave, and will designate any qualifying leave taken by employees as FMLA leave.  All leave qualifying as FMLA leave shall be designated as such and shall be subject to all provisions of this rule.  No other leave shall be granted until the employee has exhausted his/her 12-week entitlement under FMLA.  The District shall notify the employee in writing of the designation of FMLA within two business days, or as soon as a determination can be made, that the leave requested qualifies as FMLA if the preliminary information is not sufficient to make such determination.
      Written notice to employees shall include the following information:

      1. That the leave will be counted against the employee’s annual FMLA entitlement.
      2. Any requirements for the employee to furnish medical certification of a serious health condition and the consequences for not doing so.
      3. A statement explaining that the employee will be required to exhaust unused personal leave, family leave, sick leave, and vacation leave, as applicable, before going into unpaid leave status.
      4. Any requirement for the employee to make any premium payments to maintain health benefits and the arrangements for making such payments, and the possible consequences of failure to make such payments on a timely basis.
      5. Any requirement for the employee to present a medical release before being restored to employment.
      6. The employee’s right to restoration to the same or an equivalent job upon return from leave.
      7. The employee’s potential liability for payment of health insurance premiums paid by the District during the employee’s unpaid FMLA leave if the employee fails to return to work after taking FMLA leave.
    8. Spouses of Employees Employed by the District
      In any case, where both husband and wife are employees of the District and both seek leave under this policy, such leave shall be limited to an aggregate 12 workweeks during any 12-month period if:

      1. Leave is sought to care for a newborn daughter or son or the adoption of a daughter or son; or
      2. Leave is sought to care for a sick parent.
      3. If the leave is requested for either the husband’s or the wife’s own serious illness or the serious health condition of the couple’s son or daughter, the aggregate 12-workweek limitation in the FMLA does not apply.
    9. Required Medical Certification for Leave
      A certificate issued by a health care provider of the eligible employee or the eligible family member must support all requests for leave under this policy.

      1. The Certificate: “Medical Certification Statement—Employee’s Own Serious Illness” or “Medical Certification Statement for Family Members,” shall be provided within 15 days after leave is requested.
      2. A certificate is sufficient if it states:
        1. the date on which the serious health condition commenced.
        2. the probable duration of the condition
        3. the appropriate medical facts regarding the condition
        4. a statement that the serious medical condition prevents the employee from performing the essential tasks of the applicable employment position or that it requires the employee to attend and care for an eligible family member.
      3. The District may require, at its option and expense, second or third certifications in support of a request for leave.
      4. The District shall require recertification of the necessity for the family or medical leave at reasonable intervals, but not more than every 30 days, unless:
        1. the employee requests an extension of leave.
        2. circumstances described in the previous certification has changed significantly; or
      5. the District receives information that casts doubt on the continuing validity of the certification.
    10. Required Medical Certification for Return
      All employees returning from leave caused by a serious health condition shall provide a certificate addressing the employee’s fitness for duty issued by a health care provider of the eligible employee.

      1. The certificate shall be provided at least seven calendar days before the requested return date.
      2. A certificate is sufficient if it states:
        1. the employee is medically fit to return to work in the previous position.
        2. the appropriate medical facts regarding the employee’s fitness to return to work.
        3. a statement that the serious medical condition no longer prevents the employee from performing the essential tasks of the position.
      3. The District may require, at its option and expense, second or third certification in support of a request to return to work.
    11. Restoration of the Employee
      An employee who takes a leave complying with the provisions of this policy is entitled upon return from leave to:

      1. Be restored to the position held by the employee prior to leave; or
      2. Be provided an equivalent position in terms of benefits, pay and other terms and conditions of employment.
      3. A determination as to whether a position is an equivalent position will be made by the District.
    12. Denial of Restoration
      The District may deny restoration of status or equivalent position, if:

      1. The denial is necessary to prevent substantial and grievous economic injury to the operations of the District.
      2. The District notifies the employee that it intends to deny restoration when it determines that injury to the employee would occur.
      3. The employee elects not to return to employment.
    13. Effects on Benefits
      During the family or medical leave period, the District shall continue to pay its portion of the employee’s group health insurance premium. An employee on family or medical leave must continue to pay his or her portion of the health insurance premium in order to keep coverage in effect.
    14. Non-Accrual of Seniority
      An employee is not entitled to the accrual of any seniority or employment benefits that would have accrued if not for the taking of family or medical leave. An employee who takes family or medical leave will not lose any seniority or employment benefits that accrued before the date leave began.
    15. Failure to Return
      If an employee fails to return to work after unpaid FMLA leave has ended, the District may recover, with certain exceptions, the health insurance premiums paid by the District on the employee’s behalf during unpaid leave.  An employee is considered to have returned to work if he or she returns for at least 30 calendar days.  An exception to this may be made if an employee’s circumstances change unexpectedly beyond their control during the leave period, which make them unable to return to work at the end of twelve workweeks.  Medical certification is required.
    16. Rules Applicable Near End of School Year
      If the employee begins leave more than five weeks prior to the end of the school year, the District may require the employee to continue taking unpaid leave until the end of the school year if:

      1. The leave requested is of at least three weeks duration; and
      2. The return to employment would occur during the one-week period before the end of the school year.
    17. Leave Less Than Five Weeks Prior to the End of School Year
      If the employee begins leave for reasons other than a personal serious health condition which commences less than five weeks prior to the end of the school year, then the District may require the employee to continue to take unpaid leave until the end of the school year if:

      1. The leave requested is of greater than a two-week duration; and
      2. The return to employment would occur during the two-week period before the end of the school year.
    18. Leave Less Than Three Weeks Prior to End of School Year
      If the employee begins leave for reasons other than personal serious health conditions during the period that commences three weeks prior to the end of the school year and the leave is greater than five working days, then the District may require the employee to continue to take unpaid leave until the end of the school year.
    19. Application for Leave
      Forms for application and certification of FMLA are available in the Department of Human Resources office.  Medical records created for the purpose of FMLA and the Americans with Disabilities Act must be maintained in a separate, confidential file.
    20. Posting of Notice
      A notice of rights under this policy, approved by the Secretary of Labor, shall be posted by the District in a conspicuous place on school or District office premises.

Published on
  • Effective: 1/9/1996
  • Revision: 5/28/2024
  • Reviewed: 4/26/2013
  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
    1. Purpose
      1. Sick leave is intended for use by the employee only for personal health-related absences, except as outlined below under critical family care. Annual leave should be used for non-critical care of an ill family member.
    2.  Definitions
      1. 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.
      2. Continuous service includes an approved leave of absence, sabbatical leave, sick bank, military and/or FMLA leave.
        1. A resignation or retirement constitutes a “break in service.”
        2. Employees returning to Jordan School District following a break in service will receive a new continuous service date reflecting the date of their return.
        3. District seniority will be based on the new continuous service date.
        4. Prior employment experience with Jordan School District may be taken into consideration for purposes of placement on the salary schedule.
      3. Sick Leave Review Committee
        1. The group organized to review sick bank requests and cases of suspected sick leave abuse.
        2. Shall be composed of at least one of the Human Resource administrators, the Human Resource Generalist, and two members appointed by the president of the licensed employee agent.
        3. Sick Leave Review Committee members must sign a confidentiality agreement to protect employees’ medical information and confidentiality.The sick leave policy shall be administered according to the following administrative policy provisions:
    3. Sick Leave Accumulations
      1. Sick leave accumulations are based on unused annual leave. See Policy DP335 NEG Annual Leave - Licensed for annual leave details.
      2. Annual leave does not need to be exhausted before sick leave can be used.
      3. Maximum accumulations:
        179 and 187-day contracts (9 month)           180 days
        245-day contracts (12 month)                        240 days
    4. 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 accumulated 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.
    5. Use of Sick Leave for Critical Family Care
      1. Although sick leave is intended for use by the employee for personal health-related absences, some sick leave may be used for critical family care as described below. Annual leave should be used for non-critical care of an ill family member.
      2. A maximum of fifteen (15) 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.
      3. Use of sick leave for critical family illness must be authorized by the Sick Leave Review Committee. The employee must submit his/her request in writing by applying online via Employee Access.
      4. Employees may not apply for critical family illness benefits until five (5) annual leave days have been used.
      5. If more days are needed, employees who continue to deal with a critical family care (as defined in item D.1. above) may apply to the Sick Leave Review Committee for up to fifteen (15) additional days.
      6. If additional days are granted, 50% of the daily rate of a licensed employee on salary level one shall be deducted from the educator’s pay for each additional day of leave.
    6. Use of Sick Leave for Adoption
      1. Employees may use up to a maximum of twenty (20) accumulated sick leave days at the time of actual custody of the child.
      2. Any additional leave must fall under the policy provisions of DP322—Family Medical Leave Act.
    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. The employee shall record the absence in Skyward at least one hour prior to the start of his/her contract day on the day of the absence. A supervisor may require additional notification.
      3. If a substitute must be hired, the employee shall enter the request into Frontline (formerly known as AESOP) at least one hour prior to the start of his/her contract day on the day of the absence.
      4. Employees may be required to verify the nature and duration of an illness or injury with a doctor’s certificate.
      5. Employees absent in excess of (5) days for the same medical reason may be subject to the parameters of FMLA and may prompt contact with the Human Resource Generalist.
    8. 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 Committee to review the case. Cases will be reviewed according to Administrative Guidelines developed by the Sick Leave Review Committee.
      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.
    9. Employee-Funded Sick Bank
      1. Employee Participation in the Sick Bank
        1. Employees are automatically enrolled in the sick bank each year through the annual donation of one (1) annual leave day to the sick bank.
        2. Each year, employees wishing to opt out of participation in the sick bank must annually complete the appropriate online form in Employee Access no later than September 1 for current employees and October 1 for first-year employees.
        3. 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. Use of the Sick Bank
        1. The purpose of the sick bank is to support employees in time of personal medical need. 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 bank shall be granted to eligible employees only after all accrued sick leave and annual leave days have been used.
        4. Employees will be required to sign a release of medical information when making application to the sick bank.
        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. Annual sick bank days used in a year shall not exceed annual sick days donated by participating employees in that year.
      3. Sick Bank Allowances
        1. First or second year employees shall be allowed up to 10 days from the sick bank at full pay less 50% of the daily rate of a licensed employee on salary level one for each day the employee falls below 13 days of accumulated leave at the beginning of the long-term absence.
          1. In cases of catastrophic illness or injury, the Sick Leave Review Committee may grant second year employees up to 30 additional days of sick bank after all previous sick bank days provided in section a. have been exhausted. Fifty percent (50%) of the daily rate of a licensed employee on salary level one shall be deducted for each additional day used under this option.
        2. Third year employees shall be allowed up to 40 sick bank days at full pay less 50% of the daily rate of a licensed employee on salary level one for each day the employee falls below 15 days of accumulated leave at the beginning of the long-term absence.
          1. After all sick bank days allowed according item b. are used, third year employees may be granted up to 40 additional sick bank days if circumstances warrant it. Fifty percent (50%) of the daily rate of a licensed employee on salary level one shall be deducted for each additional day used under this option.
          2. In cases of catastrophic illness or injury, the Sick Leave Review Committee may grant third year employees sufficient sick bank days to cover their transition to long-term disability after all of the previous sick bank days provided in section b. have been exhausted. Fifty percent (50%) of the daily rate of a licensed employee on salary level one 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 50% of the daily rate of a licensed employee on salary level one for each day the employee falls below 15 days of accumulated leave at the beginning of the long-term absence. (A maximum of 15 days 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 Review 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 Review Committee is provided.

Published on
  • Effective: 6/13/1972
  • Revision: 5/28/2024
  • Reviewed: 4/26/2013
  1. Board Directive
    It is the directive of the Board to authorize paid sick leave for education support professionals who work 30 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 policy for sick leave and family leave benefits. If additional leave is needed beyond what is covered in this policy, refer to DP322—Family Medical Leave Act.
  2. Administrative Policy

    1. Purpose
      1. Sick leave is intended for use by the employee only for personal health-related absences, except as outlined below under critical family care. Annual leave should be used for non-critical care of an ill family member.
    2.  Definitions
      1. 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.
      2. Continuous service includes an approved leave of absence, sabbatical leave, sick bank, military and/or FMLA leave.
        1. If an employee resigns his/her position in the District and then returns, he/she must start over on years of service and sick leave accumulation.
      3. Sick Leave Review Committee
        1. A Sick Leave Review Committee, composed of the Human Resources administrator for education support professionals, one other member of the Human Resources Department and two members of the employee agent group, shall be appointed to administer use of the sick bank. The Human Resources administrator for education support professionals shall serve as the chairperson. If one of the employee agent group members cannot be in attendance, an alternative representative will be requested by the employee agent group president.
        2. The Committee shall review all sick bank requests and rule on sick bank usage. The unused sick bank days shall be reported to the Committee on a quarterly basis.
        3. The Human Resources administrator for education support professionals shall make available to the Committee all the information that is submitted with an employee’s sick bank request.
      4. Minutes of all Sick Leave Bank Committee meetings shall be recorded and made available to all Committee members.The sick leave policy shall be administered according to the following administrative policy provisions.
    3. Sick Leave Accumulations
      1. Sick leave accumulations are based on unused annual leave. See Policy DP335B Annual Leave – Education Support Professionals for annual leave details.
      2. Annual leave does not need to be exhausted before sick leave can be used.
      3. Maximum accumulations:

        9-Month Employees        : (Includes all bus drivers and attendants)
        Maximum sick leave accumulation 180 days
        10-Month Employees        :
        Maximum sick leave accumulation 200 days
        11-Month Employees:
        Maximum sick leave accumulation 220 days
        12-Month Employees:
        Maximum sick leave accumulation 240 days
    4. Sick Leave Benefits During Approved Absences
      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.
    5. Use of Sick Leave for Critical Family Care
      1. Although sick leave is intended for use by the employee for personal health-related absences, some sick leave may be used for critical family care as described below. Annual leave should be used for non-critical care of an ill family member.
      2. A maximum of twelve (12) days of sick leave may be used each year to care for a critically ill member of the employee’s immediate family, as defined above.
      3. Use of sick leave for critical family illness must be authorized by the Sick Leave Review Committee. The employee must submit his/her request electronically by applying online via Employee Access.
      4. Employees may not apply for critical family care benefits until five (5) annual leave days have been used.
      5. In cases of extended critical care, employees may apply for additional days beyond the twelve (12) day allowance.
        1. If more days are needed, employees who continue to deal with a critical family care (as defined in item D.1. above) may apply to the Sick Leave Review Committee for up to three (3) additional days.
        2. If additional days are granted, 40% of the employee’s daily rate for each additional day of leave shall be deducted from the employee’s pay.
    6. 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 electronically to the Sick Leave Review Committee by applying online via Employee Access.
      2. Employees may use up to a maximum of twenty (20) accumulated sick leave days at the time actual custody of the child is received. An employee shall not exceed a total of twenty (20) days of leave time, including the use of accrued personal leave days.
      3. Any additional leave must fall under the provisions of DP322—Family Medical Leave Act.
    7. Notification of Absence
      1.  Absences due to illness are to be reported to the appropriate office or individual as soon as possible.
      2. The Administration may require a doctor's certificate without regard to the number of sick leave days claimed at any one time.
      3. Employees absent for more than five (5) consecutive days shall apply for FMLA within the policy provisions of DP322—Family Medical Leave Act.
      4. Elective surgery shall be scheduled to minimize the time off work.
      5. The employee shall record the absence in Skyward at least one hour prior to the start of his/her contract day or the day of the absence. A supervisor may require additional information.
    8. Abuse of Sick Leave
      1. If an immediate supervisor suspects that an employee has misused his/her sick leave benefit as established by this policy, the immediate supervisor shall conference with the employee.
      2. If it is determined that the employee has misused his/her sick leave the immediate supervisor will forward a written explanation of the abuse to the Administrator of Human Resources or his/her designee and an investigation shall be conducted.
      3. If the investigation of sick leave abuse proves to be true, the following policy provisions will be in effect:
        1. Salary received for those unauthorized days shall be reclaimed.
        2. There shall be a five-day (5) suspension without pay. The principal/director will determine when this suspension will be implemented to cause the least disruption to the school/department and students.
        3. Disciplinary actions taken, up to and including termination of employment shall be entered in the employee's personnel file.
    9. Employee-Funded Sick Bank
      1. Employee Participation in the Sick Bank
        1. Employees are automatically enrolled in the sick bank each year through the annual donation of one (1) annual leave day to the sick bank.
        2. Each year, employees wishing to opt out of participation in the sick bank must annually complete the appropriate online form in Employee Access no later than September 1 for current employees and October 1 for first-year employees.
        3. 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.
        4. Non-contracted employees shall not be eligible for the sick bank.
      2. Use of the Sick Bank
        1. The sick bank is not intended to be used for in-and-out absences, elective medical procedures or other medical care that could be scheduled during non-contract time.
        2. Employees shall complete an official request for sick bank leave online via Employee Access.
        3. Employees shall complete a release of medical information form to allow the members of the Sick Leave Review Committee to review any medical documentation that they provide with the request for sick bank leave.
        4. Employees shall be required to complete a release of information form to allow the Sick Bank Committee to review their official District personnel file, if the need should arise.
        5. Before an employee is eligible to apply for sick bank leave, the following criteria must be met for each qualifying medical condition. The employee must have:
          1. applied for FMLA (which will run concurrently with any sick bank leave usage); and
          2. exhausted all accrued sick leave days, annual leave days (up to a maximum of five (5) days), vacation days; and
          3. missed a minimum of fifteen (15) work days (any days from #1 and #2 above and/or no-pay days qualify for meeting this requirement).
        6. An employee shall be required to provide the Sick Leave Review Committee with updated information regarding his/her condition every 30 days after the approval of the sick bank leave benefits. Continuation of the sick bank leave shall be contingent upon the information contained in the update.
      3. Sick Bank Allowances
        Employees who are considered “Provisional” as defined in DP314 — Provisional and Probationary Education Support Professionals as of July 1 are not eligible for sick bank benefits that year. An employee’s continuous contracted service as of July 1 will determine his/her sick bank eligibility for that year. Sick leave days per year are based on the following:
        1 - 3 years of service are eligible for up to 15 sick bank days
        4 - 7 years of service are eligible for up to 30 sick bank days
        8 - 11 years of service are eligible for up to 60 sick bank days
        12 years of service and above are eligible for up to 120 sick bank days
      4. Employee Funded Sick Leave Bank Limitations
        1. 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.
        2. A second opinion may be required with any costs not covered by insurance borne by the District.
        3. Prior to granting sick bank leave, an employee shall acknowledge and agree in the online application to repay the sick bank any unused vacation days for sick bank days used or granted before transitioning to long-term disability.
        4. Prior to granting sick bank days an employee shall acknowledge and agree in the online application 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. The purpose of said funds would be to purchase days
          for the sick bank.
        5. No employee shall draw more than 120 days from the sick leave bank during a three-year period.
        6. No employee shall take vacation days within 15 working days after drawing upon the sick bank.
        7. No employee shall accrue leave days, i.e., annual leave or vacation while drawing upon the sick bank.
        8. After 180 calendar days, including summer months, sick leave benefits from District sources shall terminate and employees shall transition to long term disability according to the provisions of policy DP317 — Long-Term Disability Insurance.
        9. No appeal beyond the Sick Leave Review Committee is provided.
        10. If all days in the sick bank are exhausted prior to July 1, no additional days will be granted for the remainder of the current contract year.