LEAVES AND ABSENCES

Constitutional and Statutory Provisions:

Daily attendance and punctuality on the job are expected of all employees. No employee shall absent him/herself from his/her duties without notifying the supervisor. Employees unable to report for assigned duty shall provide notice as soon as possible to the supervisor or designee. Failure to provide adequate notice or satisfactory reason for such failure shall result in a deduction in pay.

Accumulation of Sick Leave: Eligible employees earn 1-1/4 days of sick leave each month beginning with the date of employment and may accumulate up to 120 days. Sick leave used in an amount above that which an employee has earned, will result in a deduction in pay equal to one day's salary for each day absent. No Payment will be made for any accumulated unused sick leave. Unused sick leave will be forfeited at time of termination. However, if an employee returns to work within a period of 24 consecutive months, he/she will be credited with any sick leave forfeited at the time.

Use of Accumulated Sick Leave: Eligible employees are entitled to use accumulated sick leave, with pay, for personal or family illness. Family members are limited to spouse, child, and/or parents. Accumulated sick leave may also be used for personal leave and/or bereavement with some limitations. A medical statement may be required for any absences greater than
five (5) days. Paid leave may not be taken before it is earned. (See additional information on Family (FMLA), Bereavement and Personal Leave.)

Eligible Employees: Eligible employees are those who have been identified to receive benefits and who work in a regular position on a continuing basis. Temporary or on-call employees do not qualify for benefits or leave with pay.

Transferring Sick Leave: Teachers transferring from one Georgia school system to another shall be credited with any unused sick leave accumulated by such teacher, up to 45 days accumulation mandated by State Law. Eligible employees transferring from one position to another, within the school system, will be allowed to maintain their sick leave. However, employees transferring to a temporary position will forfeit any unused sick leave. (See Job Classification.)

Leave of absence Related to Personal Illness: Employees who have exhausted all available paid sick leave are eligible for and may be granted, upon written request to the Superintendent or his designee, a leave of absence without pay due to personal illness for a period not to exceed 12 months following the last day of payroll eligibility. The approval of such leave of absence is subject to the employee providing proper medical certification as to his/her disability. The Muscogee County School District reserves the right for an independent medical examination. Recurrent periods of leave of absence without pay for the same or related personal illness shall be considered one approved leave period unless the employee returns to work and
has coverage through payroll deductions for a period of five consecutive calendar months.

Maternity Leave: An employee shall report to the Assistant Superintendent for Human Resources as soon as she becomes aware of her pregnancy. She shall furnish a statement from her physician giving the expected date of delivery and the date through which the
doctor will permit her to perform her duties. Prior to the time specified for the end of leave, she shall provide the Assistant Superintendent with a statement from her physician to the effect that she is physically able at that time to resume her duties. Upon termination of her leave, the Assistant Superintendent shall place the employee in a position of employment according to the guidelines and parameters set forth in the "Return to Work" section of this policy. The employee is not entitled to any salary other than the payment for accrued sick leave, which will be computed in the same manner and to the same extent as for other illnesses.

Emergency, Extended and Legal Leaves: An employee may receive an emergency leave of absence without pay for a period not to exceed one year for unusual or extreme circumstances of a personal nature. Emergency leaves must be requested in writing and approved by the Superintendent of designee. Leave taken hereunder shall not be in addition to any other leave. Upon the employee returning to work, consideration of and placement with a position shall be determined under the "Return to Work" section. All employees are entitled to time off to vote in any municipal, county, state, or federal election or primary, not to exceed two hours. If the employee's work commences at least two hours after the polls open or ends at least two hours
before the polls close, this section does not apply.

Continuation of Insurance Benefits: Should the employee elect to continue his/her insurance benefits during an approved leave of absence, then the employee is responsible for paying the premiums in accordance with the terms of the group insurance policies, save and except where, under the provisions of the Family and Medical Leave Act herein below referenced, the payment obligation is that of the School District. The Muscogee County School District assumes no responsibility if proper payment is not made where payment is the employee's responsibility.

Family and Medical Leave Act: Employees eligible for the Act's benefits are those who have been employed for at least 12 months and who have worked at least 1250 hours during the 12 month period prior to requesting leave. If an employee satisfies requirements in the Act, he or she is entitled to 12 workweeks of unpaid leave during any 12 month period due to (1) the birth of a son or daughter and in order to care for the child, (2) the placement of a son or daughter with the employee for adoption or foster care, (3) the need to provide care for a son, daughter, parent, spouse who has a serious health condition, or (4) a serious health condition that makes the employee unable to perform his or her job functions. The employee will be required to submit a medical statement from the attending physician confirming the need.

The Muscogee County School District will maintain coverage under its group health plan where required by the Act. [104 (c) (1)].

Where the application of the School District's policy set out herein above already provides for leave time, the act shall supplement the leave time up to the act's stated period of 12 workweeks, if warranted. [102 (d) (1)].

The Muscogee County School District may require, or the employee may elect, to substitute paid leave with vacation, accrued sick leave, or other such entitlement maintained by the School District for leave required under the Act [102 (D) (A) and (B)].

Sick Leave Bank: The School District will provide, under certain conditions, additional sick leave days to employees who have exhausted their own sick leave credits. These additional days will have the same value as days granted under the basic policy and will be granted through the operation of a "Sick Leave Bank" established in accordance with provisions of O.C.G.A. 20-2-850. The Superintendent is responsible for the formulation of administrative procedures for the operation of such a sick leave bank - establishing membership, administrative, and governance requirements for the bank. The sick leave bank is available to all eligible employees of the School District who would otherwise qualify to receive the sick leave benefits. (See Sick Leave Bank Policy and Procedures.)

Return to Work: At the conclusion of the leave, paid or unpaid, or at any time during the leave that the employee is able to return to work, provided that a statement from the attending physician is submitted attesting to the employee's ability to perform his or her job functions, the employee shall be considered for his or her job position held when the leave commenced or a position in the nearest similar employment which is available at that time. It shall be at the discretion of the School District as to the exact location and nature of the employment to be offered, but the position will be the position held when the leave commenced or an equivalent position with equivalent employee benefits. Once a position is offered to an employee eligible for consideration under the terms and conditions of this policy, if for any reason it is not accepted, the School District is under no further obligation or duty to the employee to offer another opportunity for employment. Additionally, should an employee not have proper medical certification to return to employment after the 12 month leave of absence period expires, the School District is under no obligation or duty to offer re-employment.

Bereavement: Two days shall be allowed for the death of a member of the immediate family. Members of the immediate family are defined as including spouse, natural or step-parents, child, brother, sister, grandparents, grandchildren, in-laws (son, daughter, mother, father, sister, brother). In case of death of spouse, parents, child, three additional days shall be allowed.

Days taken for bereavement will be deducted from accumulated sick leave.

Personal Leave: Employees may utilize up to a maximum of three days of accumulated sick leave, with pay, for the purpose of absenting themselves from duties for personal reasons per fiscal year. Personal leave may not be accumulated or transferred from one year to the next. School based personnel may not use personal leave during the first five days or the last five days of the student year or for the days preceding or following spring, Thanksgiving, or Christmas breaks. Exceptions may be granted by the superintendent or designee upon the recommendation of the immediate supervisor.

Religious: Religious holidays will be treated as personal leave.

Military Leave: Employees shall be entitled to a leave of absences from his/her duties while engaged in the performance of ordered military duty and while going to and returning from such duty. Employees shall be entitled to a leave of absence while in attendance, as a member of the armed forces of the United States or reserve component, at any service school (s) conducted by the armed forces of the United States for a period (s) up to and including six months, and while going to and returning from such school (s), notwithstanding that orders for such attendance are or may be issued with the consent of the employee. No employee, however, shall be entitled to absent himself in excess of a total of six months during any four year period. Time during which an employee is absent pursuant to the provisions above shall not constitute an interruption of continuous
employment. No such employee shall lose any time, service, increment, vacation, or holiday privileges, or any other right or privilege, by reason of such absence, with reference to continuance of employment, or promotion.

An employee shall be paid his/her salary or other compensation for any and all periods of absence while engaged in the performance of ordered military duty, and while going to and returning from such duty, not exceeding a total of eighteen days in any one calendar year and not exceeding eighteen days in any one continuous period of absence. In the event the Governor declares an emergency and orders an employee to state active duty as a member of the national guard, the employee shall be paid his/her salary or other compensation for a period not exceeding thirty days in any one calendar year and not exceeding
thirty days in any one continuous period of such State active duty service.

Court or Jury Duty: Employees subpoenaed to serve court or jury duty or when subpoenaed to testify in a case arising out of the employee’s duties as an employee, may do so without loss of pay and/or deductions from any sick, personal or professional leave. Employees may keep the funds received for jury duty. A copy of the subpoena along with a certificate of service from the court or some other evidence of the number of days served must be attached to the absence approval form and forwarded to the payroll office with the regular time and attendance report.

School Business and Staff Development Leave: Employees who are required to be absent from the normal work place as part of the job will be granted leave with pay upon the approval of the immediate supervisor. Expenses will be reimbursed in accordance with the Travel policy contained elsewhere.

Leave will be granted to eligible employees who are absent from regular duties to participate in approved staff development activities and/or to participate in activities of organizations that have objectives compatible with the goals of the school district. Absence approval is required. Approval of the request does not commit the district to payment of any expenses. Reimbursement will be made in accordance with the provisions of the staff development activities involved.

BOARD OF EDUCATION
May 20, 1996

Personnel Services

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