Employee Pay and Fringe Benefits

POLICY 5-7.1 EMPLOYEE COMPENSATION

Teacher Compensation

Generally, the Hanover County School Board desires to adopt annually a teacher compensation schedule that will attract outstanding teachers and will retain those teachers who have met the standards of excellence required by the School Board. The compensation schedule should be based upon a reasonable base salary and should take into consideration years of experience, degree of educational training, level of certification, job performance, and such other criteria as the School Board may deem appropriate.

Placement on Compensation Schedule

1. Licensed personnel submitting transcripts reflecting fifteen (15) additional graduate credit hours in an approved program or being awarded a masters or doctoral degree in education from an accredited college or university will receive a salary adjustment in keeping with this additional preparation.

2. Credit for military service may be allowed based on individual circumstances and regulations of the Virginia Board of Education.

3. In order for consideration to be given for a year of teaching or comparable experience on the Teacher Compensation Schedule, the teacher must have been under full-time contract for at least 120 days of the contract year.

Advancement on Compensation Schedule

1. Each teacher shall receive an annual compensation increase for the step on which he is placed when the increase is the result of an increase in the Teacher Compensation Schedule.

2. Advancement of teachers to the next step of the Teacher Compensation Schedule shall depend upon the following criteria:

a. A satisfactory evaluation of job performance as supported by the standard evaluation form and appropriate supporting documentation.

b. The recommendation of the principal.

c. Availability of funds.

Pay for Extended Work Year

Licensed personnel employed for additional duties after the school year has ended (excluding summer school and workshops) may be paid extra compensation.

Licensed Personnel: Extra Pay for Extra Duty

The School Board authorizes extra pay for licensed personnel for the supervision of activities that require at least some special training or experience by one or more professional employees and that are of such a nature that, although the school program includes these activities, they cannot feasibly be included in the school day in the opinion of the school administration. The School Board annually shall establish categories and shall determine compensation for extra pay for extra duty.

A separate contract in the form prescribed by the Virginia Board of Education shall be executed by the School Board with an employee who is receiving a monetary supplement for any athletic coaching assignment or extracurricular activity sponsorship assignment. This contract shall be separate and apart from the contract for teaching. For purposes of this Policy, “extracurricular activity sponsorship” means an assignment for which a monetary supplement is received requiring responsibility for any student organizations, clubs or groups except those activities that are conducted in conjunction with regular classroom, curriculum, or instructional programs.

Classified Licensed and Non-licensed Personnel: Wage and Salary Schedule

Classification Plan

Salaries for classified licensed and non-licensed personnel shall be as set forth in the School Board Uniform Pay Plan, determined on a case-by-case basis for each employee’s placement on the scale. The Uniform Play Plan is a systematic means for assigning pay ranges to levels of skill, competence, and responsibility.

Assignment of a position to a level on the Uniform Pay Plan reflects the complexity of the work, the level of education, background, or experience needed to perform the job satisfactorily, the responsibilities of the job (including supervision of other workers, contact with the public, etc., dangerous or unpleasant working conditions, and the competitive market for similar skills). Change in level for an employee means promotion within an occupation or substantial changes in occupation. The Uniform Pay Plan lists classes of positions have the title, duties and responsibilities, and qualifications described in the class specifications. Each job position is allocated to one class. Positions are placed in the same class if they are similar enough to have approximately the same level of duties and responsibilities, deserve the same salary level, require the same basic knowledge and skills, and may appropriately be called by the same title.

The division superintendent, with the assistance of appropriate staff, is authorized to amend the Uniform Pay Plan, as is from time to time necessary, subject to approval of the School Board. Salary increases approved with the annual operating budget will increase the hourly rates of the Uniform Pay Plan and the annual salaries of the Teacher Compensation Schedule, unless otherwise noted. A pay increase above the maximum of the pay range for the position may be authorized only with School Board approval upon a recommendation of the Superintendent. Employees who have worked four (4) months or longer may be eligible for an increase if the employee is giving satisfactory performance.

Salaries for twelve-month employees shall be calculated on the basis of 261 days; salaries for eleven-month employees shall be calculated on the basis of 239 days; salaries for ten and one-half-month employees shall be calculated on the basis of 228 days; and salaries for ten-month employees shall be calculated on the basis of 217 days. Calculations of deductions and allowances for all personnel shall be made on the basis of actual days contracted.

Pay Days

School Board employees will be paid semi-monthly.

Payroll Deductions

Generally

Payroll deductions will be made for those purposes required or permitted by law. Optional deductions may be made for insurance, investments, charity or other purposes that the School Board has approved, which the employee has authorized in writing.

LEGAL REFERENCE: Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78, 22.1-296, 22.1-289.1, 22.1-302; Regulations Governing the Employment of Professional Personnel.

Recodified: August 2000
Amended: July 9, 2001, July 16, 2003, June 12, 2018

ACCOMPANYING REGULATIONS

REGULATION 5-7.1 (A) LICENSED PERSONNEL: TEACHER COMPENSATION SCHEDULE

Initial Placement on the Teacher Compensation Schedule

Upon initial employment by the Hanover County School Board, teachers shall be given credit for their years of experience, their educational training, their level of licensure, and other criteria that might be appropriate to their employment. Teachers shall provide the office of human resources all documents that will verify their training, experience, licensure, and other criteria within thirty (30) days of employment.

All teachers under contract with the school board shall enter the scale at the level of the number of years that have been recognized as appropriate at that time under the policies of the School Board.

Advancement on the Teacher Compensation Schedule

Each teacher’s advancement on the Teacher Compensation Schedule shall be contingent on a satisfactory evaluation of his job performance as evidenced by the recommendation of the principal and/or evaluator on TE-5 and other appropriate supportive documentation.

Any teacher who is not recommended for advancement to the next level on the Teacher Compensation Schedule shall have concluded a full evaluation process for the year on which the recommendation is based. The TE-1 shall have been completed as the schedule for evaluation requires. The TE-2 may be activated on or before December 15 of the year on which the evaluation is being based and the process shall continue as scheduled.

In order to provide teachers an opportunity to understand why they have not been recommended for advancement to the next step on the Teacher Compensation Schedule, the following process may be followed by the teacher who is not recommended for advancement on the schedule.

  1. Within five (5) working days of the date the teacher signs the TE-5, the teacher may request in writing a meeting with the principal or designee to discuss the teacher’s concerns. If the principal’s designee was the evaluator, the principal shall be included in the meeting.

  2. The meeting shall be held within three (3) working days of receipt of the request.

  3. If the teacher is not satisfied following the meeting with the principal or designee, the teacher may request in writing to the assistant superintendent of human resources, within five (5) days of the date of the meeting, a meeting with a staff member of the office of human resources and the principal.

  4. That meeting shall be set and held within five (5) working days of receipt of the request by the office of human resources.

  5. The office of human resources staff member shall respond in writing within five (5) working days of the meeting.

  6. This procedure does not preempt rights the teacher may have under the state grievance procedure. 

REGULATION 5-7.1 (B) EMPLOYEE PAYROLL DEDUCTIONS

The Hanover County School Board authorizes the following specific employee payrolldeductions:

  1. Authorized Hospitalization Plans

  2. Dental Insurance

  3. Cancer Insurance

  4. Travelers Annuity

  5. Horace Mann Annuity

  6. Lincoln National Annuity

  7.  U. S. Savings Bonds

  8. Lincoln Financial Deferred Compensation Plan

  9. Virginia Credit Union

  10. United Way

  11. Virginia public school employee organizations

Amended: May 9, 2001, July 16, 2003

REGULATION 5-7.1 (C) WAGE PAYMENTS: SCHOOL INTERNAL ACCOUNTS

Generally

All wage payments to School Board employees must be made through the regular payroll procedure in order to ensure proper withholding of taxes, workman’s compensation coverage, other authorized payroll deductions, and the required rate of pay.

Procedures for Reporting

All schools will report the hours worked and complete time sheets and/or trip records. These documents are to be sent to the payroll office as soon as the work is complete, but no later than the last workday of the month.

Reimbursements from the School

The school’s reimbursement check must be attached to the time sheets and/or trip records. If an employee’s rate of pay is not known, this information can be obtained from the payroll office. Overtime rates apply to qualifying employees consistent with applicable law.

REGULATION 5-7.1 (D) HANOVER COUNTY PAYROLL DEDUCTION PLAN FOR VIRGINIA PUBLIC SCHOOL EMPLOYEE ORGANIZATION DUES

  1. There shall be a minimum enrollment of 25% of all employees within an employee category in Hanover Schools eligible for membership in Virginia public school employee organizations in order to qualify for payroll deduction of public school employee organization dues. The total number of employees will be determined by the approved FTE’s (full-time equivalents) in the school system’s payroll system following the August School Board meeting.

  2. Employee categories shall be: teacher, principal, transportation, building services, clerical, paraprofessional.
  3. For the purposes of this regulation, employee categories may be described as including the following positions:

    Teachers: pre-school, regular, and special education teachers, foreign language, business, technical and career, music, talented and gifted, alternative education and resource teachers, librarians and counselors

    Principals: elementary, middle, and high school principals and assistant principals

    Transportation: drivers, guards, trainers, and routing specialists

    Building Services: custodians and maintenance employees

    Clerical: secretaries, account clerks, account specialists, fiscal technicians, and registrars

    Paraprofessional: paraprofessionals

  4. During the month of September of each school year, the public school employee organization shall provide to the payroll department: the names, addresses, social security number and signature of employees choosing the payroll deduction option. Documentation of the minimum 25% enrollment standard shall be furnished each September in order to sustain the deduction opportunity for that school year.

  5. The cost of the deduction forms shall be paid for and provided by the public school employee organization.

  6. The amount of the deduction shall be the same for all employees choosing this option, and the organization will notify the payroll department each September in writing the amount for this deduction.

  7. By September 5, an employee can enroll in the payroll deduction plan for the public school employee organization dues. Changing or revoking this deduction shall be done only during the month of August of each year or upon termination of employment.

  8. Deductions will be made in twenty-four (24) equal installments beginning September 15 through August 31.

  9. Deductions will be forwarded monthly to the public schools employee organization and will include a listing of the names and the amount deducted.

  10. It shall be the employee’s responsibility to make any adjustment payments directly to the public school employee organization. This includes any employee subject to a contract change.

  11. No refunds shall be issued by the School Board; any refunds shall be obtained from the public school employee organization.

  12. The public school employee organization shall agree to hold the Hanover County School Board harmless and to indemnify the School Board for any and all claims against the School Board for deducting or failing to deduct organization dues and refunds.

  13. The public school employee organization shall be responsible for any reasonable administrative fee to start up the payroll deduction.

Adopted: July 9, 2001, September 11, 2001 

POLICY 5-7.2 INSURANCE

State Worker’s Compensation

The Hanover County School Board honors the requirements of Virginia’s Worker’s Compensation laws.

Group Life Insurance

The School Board pays the employee and employer’s cost of the group life insurance program for those employees eligible to participate in the Virginia Retirement System.

Group Medical Insurance Plan

The School Board pays an approved percentage of an eligible employee’s monthly premium for all full-time employees who carry the School Board’s approved hospitalization coverage. Regular part-time employees may participate in the program. The School Board will pay one-half of the regular part-time employee’s monthly premium.

Group Long-Term Disability Insurance

The School Board pays the premiums for the School Board’s approved group long-term disability insurance for all employees.

Tort Insurance

The School Board will annually provide for liability insurance coverage for all employees for acts and omissions arising out of their employment with Hanover County Public Schools.

LEGAL REFERENCE: Code of Virginia, 1950, as amended, §2.2-1204, 15.2-1517, 22.1-85, 65.2-100, et seq.

Recodified: August 2000
Amended: July 16, 2003

POLICY 5-7.3 RETIREMENT

Generally

The Hanover County School Board participates in the Virginia Retirement System (VRS) and recognizes VRS requirements as from time to time they are approved by the Virginia General Assembly and the Virginia Retirement System Board.

Employee Members of the Virginia Retirement System (VRS)

School Board employees with VRS entitlements may retire with unreduced benefits at age 50 after 30 or more years of service or under such other conditions as the Virginia General Assembly and/or Virginia Retirement System Board from time to time approve.

Purchase of Military and/or Out of State Service (VRS)

Any VRS member with at least 25 years of service may purchase up to 36 months of credit for active military service or service rendered in the retirement plan of another state at 5% of salary at the time of purchase. The service purchased may be used to qualify for early unreduced retirement.

Disability Retirement VRS

School Board employees with five (5) or more creditable years who qualify may be eligible for disability retirement. A regular disability is a disability not compensable under worker's compensation. Disability retirement under provision of the VRS is completely independent of the qualifications under social security for disability.

Retirement: Regular Part-Time Employees

Regularly contracted part-time employees on a daily work schedule shall be entitled to contributions paid quarterly into an annuity in an amount established by the School Board with the adoption of the annual financial plan.

LEGAL REFERENCE: Code of Virginia, 1950, as amended, §§ 51.1-142, 51.1-154.

Recodified: August 2000
Amended: July 16, 2003

ACCOMPANYING REGULATION

REGULATION 5-7.3 RETIREMENT ANNUITY: REGULAR PART-TIME EMPLOYEES

Each regular part-time employee (including bus driver, food service worker, custodian, secretary) may receive a contribution into an annuity on a quarterly basis with the amount set by the School Board upon the adoption of the annual financial plan. The annuity shall be administered in accordance with all applicable law. An employee who elects to withdraw contributions on his behalf shall do so with the understanding that he will be liable for all taxes and shall not be eligible to continue participation in the plan. An employee who leaves the school division shall not be eligible to continue to participate in the plan.

POLICY 5-7.4 POST RETIREMENT EMPLOYMENT PLAN: HANOVER COUNTY SCHOOL BOARD PLAN

Post Retirement Employment Plan

The Hanover County School Board provides eligible licensed and non-licensed employees a plan of post retirement. The division superintendent shall promulgate regulations for administering the plan.

Recodified: August 2000
Amended: March 13, 2012

ACCOMPANYING REGULATION

REGULATION 5-7.4 POST RETIREMENT EMPLOYMENT PLAN - APPLICATION

Hanover County School Board employees desiring to retire under the School Board’s post retirement employment plan shall notify the assistant superintendent of human resources in writing on or before March 1 of the year for a retirement date of July 1 or later. Requests received after this date may still be approved if funding permits. The assistant superintendent of human resources shall by May 1 review all requests and determine employees eligible to participate in the post retirement employment plan. The division superintendent shall recommend to the School Board at its regular May meeting those employees to participate in the post retirement employment plan. This plan shall remain in effect and shall be subject to School Board approval. Employees currently participating in our early retirement program may continue in the post retirement plan if they meet the other requirements outlined in this regulation.

Eligibility

To be eligible for benefits under the post retirement employment plan, the employee must have been employed for at least ten (10) consecutive years by the Hanover County School Board and must have served the last ten years of consecutive employment immediately prior to retirement as an employee of Hanover County Public Schools, must have twenty (20) years of coverage under the Virginia Retirement System (VRS), must be employed by the School Board at the time of retirement, and must be at least fifty (50) years of age. An employee may not receive post retirement employment compensation concurrent with disability retirement. The division superintendent may consider other post retirement employment requests. There must be a minimum separation from service of at least 30 regularly scheduled working days from the date of retirement to any reemployment with the School Board.

County Government service does not count toward Hanover Schools’ post retirement employment plan eligibility.

Formula and Benefits

Employees receiving post retirement employment compensation under this plan shall receive an annual amount equal to ten (10) percent of their highest contract salary if the date of retirement is within the first six (6) months of the fiscal year (July through December). Employees whose dates of retirement occur in January or February will receive post retirement employment compensation in an amount equal to five percent (5%) of their highest contract salary through the end of the fiscal year (June 30). Participants in the post retirement employment plan must complete their required hours of service annually before receiving compensation for other non-contractual services rendered. The Post Retirement Employment Plan shall be offered for no more than seven (7) years. This regulation will continue in effect until superseded. Participants in the post retirement employment plan will be paid semi-monthly, will have FICA withheld, and will receive a W-2 earning statement at the end of each calendar year of participation.

Requirements and Assignments

Participants in the post retirement employment plan will be required to work 200 hours per fiscal year. Participants whose dates of retirement occur in January or February will be required to work 100 hours before June 30 and will be required to work 200 hours per fiscal year thereafter. The nature of the work and the time shall be determined by the school division with consideration for the participant’s job experiences and licensure qualifications. Input on interest areas also will be requested from the participant prior to making assignments.

Withdrawal from the Plan

A participant who is eligible to draw disability under the Virginia Retirement System (VRS) may not receive post retirement employment benefits and must withdraw from the plan. The participant is responsible for notifying the assistant superintendent of human resources if this disqualifying event occurs. A participant may withdraw from the plan at any time, but will no longer be eligible to participate in the post retirement employment plan in the future. Before participants leave the program, they must have completed the number of hours of service for which they have been compensated.

Determination of Plan Continuation

The continuation of this plan will be determined through the annual budget process and shall be based upon availability of funds and available openings. Participant compensation, required work days, and assignments of service will be reviewed annually. If the number of applicants exceeds the funds budgeted for the plan, applicants with the highest total of age and years of consecutive service with the Hanover County Public Schools will be selected.

Amended: April 11, 2001, May 11, 2004, December 14, 2004, April 28, 2009, July 1, 2011,
March 13, 2012, May 1, 2012, November 11, 2014, January 6, 2015, November 7,
2017

POLICY 5-7.5 LICENSED AND CLASSIFIED PERSONNEL: PROFESSIONAL DEVELOPMENT REIMBURSEMENT

Hanover County School Board full-time and part-time (.5 FTE or greater) employees are eligible for reimbursement of tuition for college course work, as related to the individual’s professional growth. In order to be eligible for assistance, the employee shall submit professional goals to the assigned evaluator consistent with school division and individual school goals for approval as part of the evaluation process. The professional goals must address short-term and long-term growth and development opportunities, assessment of performance, improvement of instruction, and professional responsibility.

The continuation of this plan will be determined through the annual budget process and shall be based upon availability of funds.

LEGAL REFERENCE: Code of Virginia, 1950, as amended, § 22.1-78.

Recodified: August 2000
Amended: March 14, 2001, January 8, 2013

ACCOMPANYING REGULATION

REGULATION 5-7.5 LICENSED AND CLASSIFIED PERSONNEL: PROFESSIONAL DEVELOPMENT REIMBURSEMENT

In order to promote professional development needs and to support individual growth, all employees are eligible for professional development reimbursement as established through the annual budget process. Part-time employees are eligible for a pro-rated amount of that established for full-time employees.

Application Procedure

Full-time and part-time (.5 FTE or greater) contracted employees shall file application for tuition assistance reimbursement prior to the activity to ensure that approval is granted and that revenues are available.

All requests must be consistent with the employee’s professional development goals and must be endorsed by the employee’s principal or immediate supervisor, with final approval subject to review by the assistant superintendent of human resources or his designee.

Reimbursement requests must be submitted no later than 60 days following the completion of the activity.

Assistance Allotment

The division superintendent shall determine through the annual budget process the amount of professional development assistance available for qualifying employees.

Conditions of Assistance

Should requests for professional development assistance exceed available funds, priority for making awards will be based on:

  1. Endorsement need.

  2. Licensure renewal need.

  3. Appropriateness of course work or professional development activity to position with HCPS.

  4. Advanced degree.

Employees who resign from employment with the School Board prior to reimbursement will not receive payment. Employees who receive the maximum annual professional development allotment shall sign an agreement to work in HCPS one (1) school calendar [July 1-June 30] year after receipt of the assistance. If an employee does not return to honor the work commitment, he/she is obligated to reimburse the county for the amount paid from the professional development tuition assistance program.

Amended: March 14, May 9, 2001, January 8, 2013

POLICY 5-7.6 LICENSED PERSONNEL: ASSISTANCE FOR MEETING REQUIREMENTS FOR ADDITIONAL ENDORSEMENTS

Hanover County School Board licensed personnel who are interested in pursuing added endorsements in the critical teaching shortage areas of Mathematics, Physics, Earth Science, Physical Science, Chemistry, Biology, Latin, German, and Special Education (Emotionally Disturbed and Learning Disabilities), or such other areas as the School Board from time to time recognizes, or who need courses to complete licensure with an endorsement in an area of critical shortage, may be granted financial assistance in any one of these specific areas subject to eligibility for assistance criteria. In order to be eligible for the assistance, the teacher must have at least six (6) semester hours toward the specific requirements established by the Virginia Board of Education to meet the endorsement, and must agree to teach for a specified period of time in the Hanover County Public Schools after endorsement requirements are met. A teacher may receive a scholarship for two (2) consecutive years. Scholarships for any teacher shall not exceed $1,000 per year.

Recodified: August 2000

ACCOMPANYING REGULATION

REGULATION 5-7.6 FINANCIAL ASSISTANCE FOR ADDITIONAL ENDORSEMENTS

Application Procedures

Professional personnel shall file applications for scholarships for receiving additional endorsements in the specific areas listed in Hanover County School Board Policy 5-7.6 between April 1 and April 30 of each year. Applications shall show the courses that are to be taken, the year in which it is anticipated they will be taken, and the projected costs. After all applications are received, the division superintendent or his designee shall review and select the recipients of the scholarships. Teachers who are seeking endorsement in the areas of most critical shortage shall receive top priority. Teachers who will meet endorsement requirements in the shortest period of time shall receive next priority.

Assistance Allotment

The division superintendent or his designee shall determine the amount of the scholarship for each awarded according to the applicants' needs. Scholarships shall be applied to those classes that meet specific requirements set by the Virginia Department of Education for certification in the specified areas.

Conditions of Assistance

Those teachers who receive scholarships totaling $1,500 to $2,000 shall sign an agreement to teach in the school division for three (3) contract years after the completion of the endorsement. A teacher who receives scholarships totaling $1,000 to $1,500 shall sign an agreement to teach in the school division for two (2) years following the completion of the endorsement. A teacher who receives scholarships totaling $500 to $1,000 shall sign an agreement to teach in the Hanover County School system for one (1) year following completion of the endorsement. In each case the agreement shall contain a provision for a pro rata reimbursement to the School Board of the scholarship received if the teacher does not complete the endorsement within three (3) years of receiving the initial scholarship or fulfill the teaching responsibility provided in the policy and regulations for teacher scholarships. Scholarships are awarded with the understanding that upon completion of the endorsement a teacher may be assigned to a position wherever a critical shortage exists.

Yearly Limit of Assistance Grants

No more than five (5) new grants shall be made in any one fiscal year from local funds.

Completion of Teaching Requirements

If a teacher who has received scholarship assistance does not fulfill the required number of teaching years after completion of the endorsement, that teacher shall reimburse the School Board a pro rata amount of the scholarship assistance received in proportion to the amount of time taught. If a teacher receives a scholarship(s) as provided herein, and fails for any reason to meet endorsement requirements within three (3) years of receiving the initial scholarship, that teacher shall reimburse the Hanover County School Board the amount of the scholarship(s) received or shall teach the required time in the school division as provided in the Conditions of Assistance section of this Regulation.

Amended: August 21, 2001

Scholarship Application

Educational Assistance Agreement

POLICY 5-7.7 TRAVEL EXPENSES

Generally

Hanover County School Board employees who use their personal vehicles for travel on official school business within and outside the division and who have received prior approval for such use shall be paid a travel allowance at a rate approved by the School Board.

Itinerant Teachers

Itinerant teachers who teach in more than one school building during the school day and are required to travel from school to school in order to carry out their assigned instructional duties are eligible for reimbursement for such travel at a rate approved by the School Board.

Attendance at Conferences, Workshops, etc.

Instructional personnel may be granted reimbursement for travel expenses incurred for attendance at conferences, work shops, etc., provided such expenses and reimbursements have the prior approval of the division superintendent or his designee. As required by School Board Policies 5-5.6 and 5-7.5.

LEGAL REFERENCE: Code of Virginia, 1950, as amended, § 22.1-78.

Recodified: August 2000

POLICY 5-7.8 HOLIDAYS

All full-time and part-time 12 month employees are entitled to thirteen holidays per year. The division superintendent shall develop regulations setting forth the procedures to be followed to affect this Policy. Leave for religious holidays may be granted in accordance with the School Board’s Policy regarding personal and/or annual leave.

LEGAL REFERENCE: Code of Virginia, 1950, as amended, § 2.1-21.

Recodified: August 2000
Amended: March 2001, May 10, 2016

ACCOMPANYING REGULATION

REGULATION 5-7.8 HOLIDAYS

All full-time and part-time 12 month employees are entitled to thirteen holidays per year. Nine of these holidays are closed and four are compensatory days. The division superintendent shall recommend annually to the School Board during the calendar adoption process those holidays to be designated closed days for the central services administration office and schools. The designated closed holidays for central services and schools are as follows:

New Year’s Day: January 1
Martin Luther King, Jr. Day: Third Monday in January
Memorial Day: Last Monday in May
Independence Day: July 4
Labor Day: First Monday in September
Thanksgiving Day: Fourth Thursday in November
Day after Thanksgiving: Day after Thanksgiving
Christmas Eve: December 24
Christmas Day: December 25

Additionally, all 12 month full-time and part-time employees are entitled to four compensatory holidays which are included in the 12-month employee’s annual beginning balance each fiscal year. Employees who qualify for the holiday but who actually work on the holiday shall be granted the time off with pay at another time during the contract year. In order to take a compensatory holiday off, employees shall submit an annual leave request in the automated leave system for approval by their immediate supervisor. Employees who terminate prior to a holiday date will not be compensated for that holiday. The four designated compensatory holidays are as follows:

Columbus Day: Second Monday in October
Veteran’s Day: November 11
Lee-Jackson Day: Third Friday in January
President’s Day: Third Monday in February

Whenever a holiday falls on Saturday, the holiday will be observed on the preceding Friday for employees entitled to such holidays. Whenever the holiday falls on Sunday, the holiday will be observed the following Monday.

The number of compensatory holidays earned by 12 month full-time and part-time employees will be determined by their hire date as follows:

Before October 1st: 4 compensatory holidays
After October 15th: 3 compensatory holidays
After November 11th: 2 compensatory holidays
After January 15th: 1 compensatory holiday
After February 15th: 0 compensatory holidays

When a non-exempt employee is requested to work on a holiday, the employee shall be compensated at an additional half of his/her hourly wage for the hours worked. Compensatory time cannot be accrued in lieu of holiday pay.

Amended: March 2001, June 9, 2009, May 10, 2016

POLICY 5-7.9 EMPLOYEE ABSENCES/LEAVE

Reporting Absences

The division superintendent or his/her designee shall issue regulations for the reporting of Hanover County School Board employee absences. Unexcused absences may result in an employee’s dismissal. Annual leave and personal leave may be taken at any time during a contract year if workload permits, except designated restricted periods for school based personnel, and with the authorization of the designated supervisor.

Annual Leave

All 12 Month Full-time and Part-time Employees

Eligibility for annual leave shall be based on continuous 12 month full and part-time employment with Hanover County Public Schools unless otherwise approved by the Superintendent and/or his/her designee.

All 12 month employees shall earn annual leave based on their start date in a 12 month position as follows:

Months of Service Days of Annual Leave/Month
  • 0-48 months (1-4 years) 
  • 1 day of leave per month 
  • 49-108 months (5-9 years)
  • 1.25 days of leave per month
  •  After 109 months
  • 1.5 days per month

Any break in service will result in a new start date for calculating annual leave accrual unless otherwise approved by the Superintendent or his/her designee. A 12 month part-time employee who works .5 FTE or more for a specified contract period shall earn and accumulate annual leave proportionally.

Annual leave may be taken at any time during a contract year if workloads permit, and with the prior authorization of the designated supervisor.

Personal Leave

Full-time employees may be granted personal leave during a contract year to attend to personal and/or business needs. Employees are granted two (2) days of personal leave during the first three (3) years of continuous service per contract year. Those employees who have completed three (3) or more years of continuous service with the school division are granted three (3) days of personal leave during a contract year. The division superintendent shall establish regulations for the application of this Policy.

Employees who are eligible for full-time benefits may be granted personal leave as follows:

Months of Service Days of Personal Leave/Year
  • 0-36 months 
  • 2 days per contract year 
  • After 36 months 
  • 3 days per contract year 

Leave for G.E.D. Study

An employee committed to earning his/her G.E.D. may be granted leave time during the workday to complete work for the G.E.D. as workloads permit. The division superintendent or his/her designee shall determine the length of leave time allowed.

Sick Leave

Sick leave is available for employees listed on the teacher salary scale or the uniform pay scale, except those paid hourly, in case of sickness and emergencies and medical appointments for themselves and immediate family members. Due to the detrimental effect on the instructional program, other absences on the part of the teacher are discouraged. Employee absences not covered by sick leave or personal leave shall be charged as leave without pay. Sick leave shall be available, however, in accordance with regulations promulgated by the division superintendent. Full-time employees earn one-day of sick leave per each month of employment. Full and part-time employees who qualify for sick leave may have unlimited accumulated sick leave based on regularly contracted hours if VRS Plan 1 or 2. Regularly employed part-time employees earn leave on a prorated basis. Employees who are participants in the Virginia Retirement System Hybrid Plan may carry over a maximum sick leave balance of 90 days from one fiscal year to the next fiscal year.

Absence of 5 Consecutive Days or More

Sick leave shall be allowed for personal illness, including quarantine, or illness or death in the immediate family requiring the attendance of the employee for not more than five (5) days in any one case. In all cases of personal illness of five (5) or more consecutive days of absence, the employee must supply the Human Resources Department with a doctor's certificate verifying the illness. Employees who demonstrate a pattern of absences may also be required to submit a doctor’s certificate to verify the illness/injury.

Bereavement Leave

Sick leave shall be allowed for bereavement for death in the immediate family (as defined in regulation 5-7.9 Guidelines for Sick Leave Usage) for not more than five (5) days in any one case. Sick leave to be charged to leave balances shall be allowed for up to two (2) days per year (non-cumulative) for death outside the immediate family.

Accumulated Sick Leave

Full-time and part-time employees who qualify for VRS Plan 1 and 2 have unlimited accumulation of sick leave. Employees who are participants in the Virginia Retirement System Hybrid Plan may carry over a maximum sick leave balance of 90 days from one fiscal year to the next fiscal year. Leave balances will be maintained for three (3) years after an employee leaves HCPS service.

Terminal Pay for Unused Sick Leave

Incumbent employees retiring or terminating employment from the school division after ten (10) or more continuous years with Hanover County Public Schools, regardless of reason for termination, may be paid at the time of separation from School Board employment 15% of their final daily salary for each day of accrued sick leave subject to the following limitations:

  1. Employees terminating employment and receiving payment for accrued sick leave under the above plan and who return to the employment of the School Board within a period of five (5) years following termination, may reimburse the School Board, at the time of reemployment, all or part of payment for said accrued sick leave. Individuals under these circumstances of reemployment shall have their sick leave restored in the full amount for which payment has been made. Persons receiving payment for accrued sick leave shall not be permitted to transfer sick leave credit to another school division.

  2. In the case of employees not receiving payment for accrued sick leave, a record of such leave shall be maintained for a maximum for three (3) years.

Sick Leave Bank

The School Board will maintain a sick leave bank for full-time and part-time contracted employees who have prolonged medical challenges (defined as life threatening and so serious in nature as to require expensive, extensive, long-term treatment) or long-term illness or injury and who have exhausted their own sick leave, as long as one-third of the eligible members participate in the sick leave bank. Membership in the sick leave bank shall be voluntary and open to all full-time and part-time employees who accumulate sick leave. Employees may become members by donating one (1) day of sick leave upon joining and one (1) day thereafter whenever an assessment is required. Membership in the bank shall be continuous unless during an open enrollment period the employee informs the sick leave bank administrator, of his intent to withdraw from participation. Upon termination of employment or withdrawal of membership, a participant will not be permitted to withdraw or be paid for his contributed day(s). Employees who are covered by the Virginia Retirement System Hybrid Plan are not eligible for participation in the sick leave bank.

Non-FMLA Medical Leave of Absence

An employee who has a serious health condition, as defined under the Family and Medical Leave Act (FMLA), but who is not eligible for leave under the FMLA because the employee has worked for the School Division for less than 12 months or less than 1,250 hours in the past 12 months, may request a non-FMLA medical leave of absence. Requests for non-FMLA medical leaves of absence will be considered for an employee’s own serious health condition that will require the employee to be absent from work for a minimum of 5 consecutive days. Non-FMLA medical leaves of absence may not exceed twelve (12) weeks within 12 month defined FMLA period July 1 – June 30. Non-FMLA medical leave may not be taken on an intermittent basis.

A health care provider’s medical certification of the employee’s serious health condition is required for the approval of a non-FMLA medical leave of absence. The employee must provide medical certification within 15 calendar days after the school division has notified the employee in writing that the requested leave has been conditionally approved. An employee’s failure to provide the required medical certification with 15 calendar days will result in the denial of the leave request. An unauthorized leave of absence as a result of a denied leave request will subject the employee to discipline up to and including employment termination.

Incomplete Certification

If the medical certification submitted for a non-FMLA medical leave of absence request is incomplete, the employee must resolve the deficiencies in the medical certification within 7 calendar days. The employee may request the health care provider to correct the medical certification or the employee may provide written authorization for the school division’s Human Resources staff to contact the health care provider directly. If the identified deficiencies have not been resolved within 7 calendar days, the request for leave will be denied.

Pay Status While on Non-FMLA Medical Leave

An employee who is taking a Non-FMLA medical leave of absence must use all accrued paid leave before being placed in an unpaid leave status.

Job Restoration after Non-FMLA Medical Leave

Employees who take non-FMLA medical leave do not have the right to return to the same or a similar position with the school division. However, the school division will make every effort to reinstate the employee to the same or similar position at the end of the approved leave period. If the school division is not able to restore the employee to the same or similar position, the employee will receive written notice from the school division’s Human Resources staff.

Returning from Non-FMLA Medical Leave

Employees are expected to return to work at the end of their approved non-FMLA medical leave. Before returning from non-FMLA medical leave, the employee must secure a release from his or her health care provider clearing the employee to return to work to perform the employee’s regular duties or establishing any restrictions. If an employee is cleared to return to work with restrictions, the employee’s supervisors, in consultation with Human Resources, will evaluate whether the restrictions can be reasonably accommodated.

Inability to Return from Non-FMLA Medical Leave

An employee who is not cleared by his or her health care provider to return to work at the end of nonFMLA medical leave will be terminated, effective the last day of the approved leave. 

Failure to Return from Non-FMLA Medical Leave

An employee who fails to return to work at the end of his or her approved non-FMLA medical leave is subject to termination, unless the leave period has been extended. A leave extension requires the submission of medical certification from the employee’s health care provider that supports the leave extension and approval by the school division. 

Leave Without Pay

Leaves of absence without pay may also be considered for employees with at least three successful years of continuous and satisfactory service in the division who provide detailed information indicating the reason for the request. Such continuous leave may be requested for illness, family demands, or other personal reasons.

An employee on leave of absence is not afforded the same job protection as required during FMLA and is not automatically offered reappointment, nor guaranteed his/her former assignment, and must assume the responsibility for notifying the division superintendent or his/her designee in writing at least two weeks prior to taking Leave Without Pay. Failure to request leave from their supervisor may result in termination of employment effective the end of the leave period.

Acceptance of any full-time employment while on leave, without approval of the superintendent or his/her designee, will result in the immediate termination of employment and all associated benefits.

Extended Leave Without Pay

Leaves of absence without pay for a period of up to one year may also be considered for employees with at least three successful years of continuous and satisfactory service in the division who provide detailed information indicating the reason for the request. Such continuous leave may be requested for illness, family demands, or other personal reasons and may be granted only with the prior approval by the Superintendent, the Assistant Superintendent of Human Resources, or his/her designee.

An employee on leave of absence is not automatically offered reappointment, not guaranteed his/her former assignment, and must assume the responsibility for notifying the division superintendent or his/her designee in writing not later than April 15 of the year preceding the school year in which he/she will became available for reappointment. Failure to notify the superintendent of his/her designee, will result in termination of employment effective the end of the leave period.

Acceptance of any full-time employment while on leave, without approval of the superintendent or his/her designee, will result in the immediate termination of employment and all associated benefits.

Educational Purposes

Any employee may be granted a leave of absence for short duration to complete work on an advanced degree, certification or licensure that is directly related to or is essential to the position which he/she holds. The division superintendent shall determine the length of leave allowed.

Reassignment Upon Return from Extended Leave Without Pay

In the granting of extended leave without pay, the School Board can only assure that every reasonable effort will be made to return the employee to his/her original position, or as nearly as possible to a position that is mutually satisfactory. The School Board makes no guarantee that any individual will be returned to a specific position.

Sabbatical Leave

Generally

A leave of absence for professional improvement not to exceed one (1) year may be granted by the division superintendent with the approval of the School Board. An employee is eligible to apply for Sabbatical Leave after completing four (4) years of continuous and satisfactory service. Employees who have been the subject of any disciplinary action, including written counseling statements, performance improvement plans, or suspensions, or who have received a less-than- satisfactory performance evaluation at any time during the four years before applying for sabbatical leave are ineligible for such leave.

Teaching in a Foreign Country

Teachers may be granted a one (1) year leave of absence to teach in a foreign country. A one-year leave may be extended for one (1) additional year, provided the requesting teacher makes written application to the division superintendent for the extension not later than April 15 of the school year of which the one-year leave ends and upon approval by the division superintendent.

Military Leave

Military leave shall be granted for all school employees entitled to such leave consistent with applicable law. Full time employees whose active duty service with the regular armed forces of the United States or the National Guard or other reserve component has required their absence from their employment with the School Board shall receive supplemental pay if the military compensation of the employee is less than the employee’s regular compensation from the School Board.

Jury Duty and Court Appearances

Jury Duty

School Board employees who are called for jury duty will be granted leave with pay. Any jury pay, excluding travel reimbursement which accrues to the employee, must be paid to the School Board.

Subpoenaed Witnesses

Employees who have been summoned or subpoenaed as witnesses who provide reasonable notice of such court appearance to their supervisor will be granted jury/court leave with pay, except when the employee is a defendant in a criminal case.

LEGAL REFERENCE: Code of Virginia, 1950, as amended, §§ 8.01-341.1, 18.2-465.1, 22.1-289.2; 22.1-296; 44-75, 44-93.

Recodified: August 2000
Amended: April 23, 2001, April 16, 2002, September 14, 2004, July 12, 2005, July 14, 2009, July 13, 2010, April 8, 2014, May 10, 2016, July 12, 2016, February 13, 2018

ACCOMPANYING REGULATIONS

REGULATION 5-7.9(A) REPORTING ABSENCES

Hanover County School Board employees utilizing available leave shall follow these general principles:

  1. Employees should notify their supervisor or principal as soon as possible prior to the start of their work day as circumstances permit.

  2. If an absence is of more than one day’s duration, notification should be given each day by 2:00 p.m. for the following day.

  3. A request for leave should not be considered automatically approved. All leave is subject to the approval of the supervisor.

  4. Abuse of these procedures may result in the offending employee’s loss of a day’s pay. If the employee is charged a day without pay, no days will be deducted from his/her accrued sick leave.

  5. Employees with excessive absences may be required to furnish a doctor’s certificate.

  6. All leave should be reported using the automated leave reporting system.

Amended: April 8, 2014, May 10, 2016

REGULATION 5-7.9 (B) ANNUAL LEAVE

A. Earned annual leave may be taken any time during a contract year if workload permits, and with the authorization of the designated supervisor. The maximum accumulated annual leave shall not exceed 60 days. Unused annual leave in excess of sixty days will be converted to sick leave at the end of the fiscal year.

B. The maximum of seven annual leave days may be converted to seven sick leave days.

C. Retiring or terminating employees shall be paid for unused earned annual leave at the time of leaving School Board employment.

D. Annual leave shall be accrued on a month-by-month basis for all eligible employees beginning July 1, 2015.

12 month full-time and part-time employees (including 12 month teachers) shall be granted annual leave at the rate of one (1) day per month through their first full 48 months of employment.

After the completion of their first full 48 months of employment, employees will earn 1.25 days per month through the completion of 108 full months of employment; and employees will earn 1.5 days after the completion of 108 months of employment. Experience for annual leave shall commence and be earned only from employment in Hanover County Public Schools and only for 12 month full-time employment. A twelve-month part-time employee who works at least .5 FTE shall earn and accumulate annual leave proportionally.

Adopted: April 16, 2002
Amended: April 26, 2005, September 11, 2007, June 9, 2009, April 8, 2014, May 10, 2016

REGULATION 5-7.9 (C) GUIDELINES FOR SICK LEAVE

Sick Leave

1. Allowances shall be as follows:

a. Employees listed on the teacher salary scale or the uniform pay scale, except those paid hourly, earn one (1) day of sick leave for each month of service and will earn one day of sick leave if they report to work by the 15th days of their first month of work. Full-time and part-time employees who qualify may have unlimited accumulation of sick leave. Employees who are covered by the Virginia Retirement System Hybrid Plan may carry over a maximum of 90 days sick leave from one fiscal year to the next. Such leaves may be used for no more than five (5) consecutive days in case of illness or death in the immediate family.

b. Regularly contracted ten-month part-time employees on a daily work schedule shall be entitled to 10 days sick leave annually. Part time sick leave will be prorated based on hours worked.

c. An employee cannot claim any portion of earned leave unless he has actually reported for duty for the regular school term in accordance with the terms of the contract/letters of appointment and the return to work provisions below. However, if an employee is unable, because of illness, to begin in the Fall, such employee may be allowed to use accumulated leave to his/her credit, not to exceed such balances to his/her credit as of June 30 of the immediate preceding school year.

d. School employees returning from FMLA/LOA on teacher contracts are expected to participate in two professional development (PD) days and the school preparation work week immediately prior to the first day of school in order to be credited with their leave balance for the upcoming school year.

e. The School Board permits employees to anticipate sick leave earnings for a current school year with the provision that a refund must be made in the event the employee uses sick leave beyond the days accrued and terminates employment before such credit is earned.

2. The “immediate family” for purposes of using family sick leave shall include natural parents, foster parents, grandmother, grandfather, stepmother, stepfather, spouse, children, grandchildren, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in- law, and any other relative living in the household of the employee.

3. All accumulated sick leave shall terminate upon the expiration of employment. An employee may transfer from one school system to another in Virginia or from Hanover County Government and likewise transfer any such accumulated leave (a maximum of 90 days may be transferred if employee is participating in the VRS Hybrid Plan) if the School Board of the system to which the transfer is being made accepts such transfer. Employees who transfer from Hanover County Government may transfer all annual and sick leave balances. Employees terminating from the school division after ten (10) or more years of continuous service in Hanover County Public Schools may elect to be paid at the time of leaving School Board employment 15% of their final salary for each day of accrued sick leave by submitting a written request for payment to the Hanover County payroll department.

4. Employees who leave their employment to enter the armed services do not forfeit accumulated earnings unless they fail to return to their profession immediately upon discharge from an original tour of duty in the armed services. However, current earnings cannot be allowed (insofar as state funds are concerned) for the period while in service. A substitute teacher for purposes of this Regulation is defined as a person not under contract as a regular teacher and who is employed during the regular teacher’s absence.

5. In all cases of personal or family illness of five (5) or more consecutive days of absence, an employee is expected to provide a doctor’s certificate verifying the illness/injury upon request of the supervisor.

6. Employees shall be permitted to use two days of sick leave for the death of someone other than immediate family members. Such absence will be charged to the employees’ sick leave balance.

Amended: September 11, 2007, June 9, 2009, August 10, 2010, April 8, 2014, May 10, 2016

Request for Payment of Unused Sick Leave

REGULATION 5-7.9 (D) SICK LEAVE BANK (VRS Plan 1 & Plan 2)

Each full-time and part-time Hanover County School Board employee who accumulates sick leave is eligible for membership in the sick leave bank and may become a member by donating one (1) day of sick leave upon joining and one (1) day thereafter whenever an assessment is required. Employees who are covered by the Virginia Retirement System Hybrid Plan are ineligible for participation in the sick leave bank.

Enrollment

An employee may enroll within the first 30 calendar days of employment. An employee who does not enroll when first eligible may do so during a future benefits open enrollment period by making a written request to the assistant superintendent of human resources.

Membership in the sick leave bank shall be continuous unless the employee informs the assistant superintendent of human resources in writing of his/her intent to withdraw from participation in the sick leave bank during a future benefits open enrollment period.

Application

  1. The first 30 consecutive contract days of illness or injury will not be covered by the sick leave bank but must be covered by the employee’s own accumulated leave or leave without pay. Thereafter a maximum of 45 days each school year may be drawn by any one member.

  2. A member of the bank will not be able to utilize sick leave bank benefits until his/her own leave is depleted. A member must make application for use of the sick leave bank entitlement within 10 working days after using all accrued leave.

  3. Members utilizing days from the sick leave bank will not have to “replace” these days; that is, they will not have to donate subsequently accrued leave for leave taken from the sick-leave bank.

  4. Days drawn from the bank for any one (1) period of eligibility must be consecutive, except additional periods of disability resulting from recurrence or relapse of the original illness that will be covered fully on a continuing basis up to the annual maximum of forty-five days. Otherwise, members must return to work and meet the 30-day elimination requirement before becoming eligible to utilize sick leave bank benefits again.

  5. A doctor’s certificate is required before a sick leave bank member can use his/her sick leave bank entitlement. This statement is to be submitted in writing to the assistant superintendent of human resources in advance of the absence for which the days are to be granted. Requests cannot be made retroactively.

  6. The sick leave bank cannot be used for family care.

Assessment

  1. Participants in the sick leave bank will be assessed an additional day of sick leave at such times as the sick leave bank is depleted to 200 days. Notification of such assessment shall be sent to each member at the time it is determined to be necessary.

  2. A member who has no sick leave to contribute at the time of assessment shall be assessed this day from the first sick leave day subsequently accumulated.

Termination/Withdrawal

  1. Upon termination of employment or withdrawal of membership, a participant will not be permitted to withdraw or be paid for his/her contributed day(s).

  2. The sick leave bank will carry over its total days from one school year to the next.

Amended: January 2, 2013, April 8, 2014, May 10, 2016

REGULATION 5-7.9 (E) LEAVES WITHOUT PAY

Leave Without Pay

Leaves of absence without pay may also be considered for employees with at least three successful years of continuous and satisfactory service in the division who provide detailed information indicating the reason for the request. Such continuous leave may be requested for illness, family demands, or other personal reasons and may be granted only with the prior approval by the Superintendent, the Assistant Superintendent of Human Resources, or his/her designee.

An employee on leave of absence is not afforded the same job protection as required during FMLA and is not automatically offered reappointment, nor guaranteed his/her former assignment, and must assume the responsibility for notifying the division superintendent or his/her designee in writing at least two weeks prior to taking Leave Without Pay. Failure to request leave from their supervisor may result in termination of employment effective the end of the leave period.

Acceptance of any full-time employment while on leave, without approval of the superintendent or his/her designee, will result in the immediate termination of employment and all associated benefits.

Extended Leave Without Pay

Personal leave days without pay may be granted to School Board employees under the following conditions:

  1. Requests shall be submitted on the proper forms five (5) days in advance of the absence.

  2. Requests should be approved by the immediate supervisor.

  3. Approval is contingent upon the employee’s work continuing without undue burden on other staff members.

  4. Teachers taking personal days shall leave specific plans for all classes.

  5. Pay for each day of personal leave shall be forfeited, and deducted from the next regular paycheck.

Amended: May 10, 2016

REGULATION 5-7.9 (F) PERSONAL LEAVE

Personal Leave

Full-time employees may be granted personal leave during a contract year to attend to personal and/or business needs. 12 month full-time employees with fewer than three (3) continuous years of service with Hanover County Public Schools may be granted two (2) days of personal leave per contract year, and full-time and part-time 12 month employees with three (3) or more continuous years of service with Hanover County Public Schools may be granted three (3) days of personal leave during a contract year under the conditions below:

  • Personal leave may not be used the day before and after a holiday, or school break.

  • The Assistant Superintendent of Human Resources may determine final action for personal leave requests submitted for restricted periods.

  • These days should be requested at least 10 workdays in advance.

  • Personal leave may not be used the first week and last week of the school year.

Personal Leave/Sick Leave Exchange for Four Hour Bus Drivers

Four hour bus drivers for Hanover County Public Schools (HCPS) are considered part-time and benefit eligible. HCPS bus drivers earn one day of sick leave per month, up to a total of ten sick leave days per year. Sick leave is available for planned and unexpected illnesses and medical emergencies. Sick leave is not intended for annual leave or personal use. Unused sick leave carries over from year to year. Bus drivers, and all HCPS employees, are encouraged to plan ahead for leave usage.

Eligible four hour bus drivers may convert two sick leave days to two personal leave days each year. These converted days will be taken from unused sick leave balances from the previous fiscal year. To be eligible for this leave benefit, the following conditions apply:

  • The driver must have at least one year of work experience as a bus driver with HCPS.

  • The driver must have a carryover balance of at least two sick leave days at the start of the school year.

  • The driver must receive prior approval. Approval may be denied if there are extenuating circumstances that cannot be resolved or covered by a substitute.

  • Personal leave may not be used the first week and last week of the school year.

  • Bus drivers may carry over one day of personal leave from year to year.

  • Any remaining days will revert to sick leave at the end of the school year.

Accumulation of Personal Leave

Employees who are eligible for full-time benefits may be granted personal leave as follows:

Months of Service

Days of Personal Leave/Year

  • 0-36 months 

  • 2 days per contract year 

  • After 36 months 

  • 3 days per contract year 

Employees with fewer than ten (10) continuous years of service in Hanover County Public Schools may carry forward one (1) unused day of personal leave from one contract year to the following year. All remaining personal leave days will be converted to sick leave.

Employees with ten (10) or more continuous years of service in Hanover County Public Schools may carry forward two (2) unused days of personal leave from one contract year to the following contract year. All remaining personal leave days will be converted to sick leave.

Application for Personal Leave – (up to three consecutive days)

Employees will request personal leave from their principal or immediate supervisor no fewer than ten (10) workdays prior to the date for which leave is requested. In cases of an emergency, the ten (10) days notification may be waived by the principal or immediate supervisor.

Application for Personal Leave – (more than three consecutive days)

Leave requests that consist of four (4) or five (5) consecutive days must be submitted twenty (20) workdays in advance.

The principal or immediate supervisor may deny the leave request for the following reasons:

  1. unavailability of substitute from the approved substitute list, or

  2. five (5) percent of eligible employees have already been granted personal leave, or

  3. due to the operational needs of the school or department.

Application for Personal Leave – restrictions for school based personnel

Final approval or denial of a personal leave request of up to three (3) consecutive days rests with the principal or immediate supervisor. Unless extenuating circumstances are established, leave requests for the following periods will be denied for school-based personnel:

  1. the first week and the last week of school;

  2. the day before or after a holiday period or school break;

  3. workdays prior to and during the administering of state testing programs, mid-term, and final school district examinations even if the employee is not expected to be directly involved.

Leave requests from employees for more than three consecutive days for non-emergency purposes (i.e., immediate family weddings, graduations, etc.) may be viewed as extenuating circumstances.

The assistant superintendent of human resources will determine final action for personal leave requests submitted for restricted periods.

Amended: April 11, 2001, May 10, 2016

REGULATION 5-7.9 (G) SABBATICAL LEAVE

Application Procedures

Applications for sabbatical leave for the upcoming school year must be received by the division superintendent on or before May 1; sabbatical leave to begin February 1 must be received by the division superintendent on or before November 1.

Salary Allotment

During the sabbatical period, the Hanover County School Board employee shall be on leave without pay. The VES does not consider sabbatical leave to be creditable service and no contributions will be made to the VRS account of an employee on sabbatical leave. If an employee desires to continue health insurance coverage while on sabbatical leave, the employee may elect to do to under COBRA.

Conditions of Leave

Those to whom sabbatical leave is granted must sign an agreement to teach in the Hanover County Public Schools for three (3) consecutive years following their sabbatical leave period. While the Hanover County School Board will offer employment to an employee returning from sabbatical leave, it cannot guarantee that the employee returning from sabbatical leave will be reassigned to his/her former position. Any person granted a sabbatical for study must carry at least two-thirds of the work regularly carried and expected of graduate students. Leave shall be granted only when suitable provision can be made to have the work carried on during the employee’s absence. Principals are not permitted to take summer and sabbatical leave within the same school year.

Frequency of Leave

A member of the instructional staff who has been granted a sabbatical leave of absence may apply for another leave seven (7) years after his/her return to full employment. Limitations on Leaves Granted Preference shall be given those applicants who, in the judgement of the sabbatical leave committee and the division superintendent, are most likely to profit professionally from the activities to be pursued during the leave. Only two (2) professional personnel members will be permitted to be absent in a given year.

Amended: May 10, 2016, July 12, 2016

REGULATION 5-7.9(H) RELIGIOUS HOLIDAY LEAVE

Any employee whose religious affiliation requires the observance of holidays on scheduled work days may request leave. This leave may be taken as personal or annual leave, or with prior approval, from an employee’s sick leave only when other leave has been exhausted. No more than two days of sick leave per year may be used for religious purposes. Employees requesting religious holiday leave must submit the request to their supervisor within a time period which is no less than one week prior to the date of the requested leave.

Adopted: May 11, 2004
Amended: May 16, 2016

POLICY 5-7.10 FAMILY AND MEDICAL LEAVE

The division superintendent shall promulgate regulations consistent with the Family and Medical Leave Act of 1993 providing for paid or unpaid leave under the circumstances and to Hanover County School Board employees covered under that Act.

LEGAL REFERENCE: Family and Medical Leave Act of 1993, as amended, 29 U.S.C. §§ 2601, et seq.; 29 CFR, Chapter 825; Fair Labor Standards Act, 29 U.S.C., section 207(0).

Recodified: August 2000
Amended: April 16, 2002, July 16, 2003

ACCOMPANYING REGULATION

REGULATION 5-7.10: FAMILY AND MEDICAL LEAVE

Any eligible Hanover County School Board employee is entitled, pursuant to the Family and Medical Leave Act (FMLA), to leave for a combined total of twelve (12) weeks per year for the following reasons:

  1. For birth of a son or daughter, and to care for the newborn child;

  2. For placement with the employee of a son or daughter for adoption or foster care;

  3. To care for the employee's spouse, son, daughter, or parent with a serious health condition;

  4. Because of a serious health condition that makes the employee unable to perform the functions of the employee's job;

  5. Because of any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation; and,

  6. To care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member.

Employees are entitled, when medically necessary, to take such leave on an intermittent or reduced leave schedule except as provided below.

Definitions

“Covered Service Member” means: (A) a member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (B) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

“Next of kin of a covered service member” means the nearest blood relative other than the covered service member's spouse, parent, son, or daughter, in the following order of priority: Blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered service member, all such family members shall be considered the covered service member's next of kin and may take FMLA leave to provide care to the covered service member, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered service member's only next of kin.

“Serious Health Condition” means an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.

“Serious injury or illness” means an injury or illness incurred by a covered service member in the line of duty on active duty that may render the service member medically unfit to perform the duties of the member's office, grade, rank, or rating.

Leave for the Birth, Adoption or Foster Placement of a Child

Upon request, any eligible employee shall be granted family and medical leave for the purpose of caring for a newborn or newly adopted child or the placement of a foster child.

The employee’s entitlement to leave for a birth, adoption or foster placement of a child expires at the end of the twelve-month period beginning on the date of the birth, adoption or foster placement. Leave taken for the birth, adoption or foster placement of a child may be taken intermittently or on a reduced leave schedule if the division superintendent or designee agrees to such an arrangement.

Military Family Leave Entitlements

An eligible employee who is a spouse, son, daughter, parent, or next of kin of a covered service member with a serious injury or illness is entitled to up to a total of 26 workweeks of unpaid leave during a “single 12-month period” to care for the service member. The “single 12-month period” for leave to care for a covered service member with a serious injury or illness begins on the first day the employee takes leave for this reason and ends 12 months later, regardless of the 12 month period established by the employer for other types of FMLA leave. An eligible employee is limited to a combined total of 26 workweeks of leave for any FMLA-qualifying reason during the “single 12-month period.” (Only 12 of the 26 weeks total may be for a FMLA-qualifying reason other than to care for a covered service member.) The single 12- month period is from July 1 to June 30.

Qualifying Exigencies

Eligible employees may take FMLA leave while the employee’s spouse, son, daughter, or parent (the “covered military member”) is on active duty or call to active duty status for one or more of the following qualifying contingencies, as further defined in 29 C.F.R §825.126: (1) Short-notice deployment; (2) Military events and related activities; (3) Childcare and school activities; (4) Financial and legal arrangements; (5) Counseling; (6) Rest and recuperation; (7) Post-deployment activities; and (8) Additional activities which arise out of the covered military member’s active duty or call to active duty status, as agreed to by the employer and employee.

To be eligible for leave under this Policy the employee must have at least twelve (12) months of service with the Hanover County Public Schools and have worked at least 1250 hours according to the Fair Labor Standards Act in the twelve (12) months preceding the commencement of the leave. Full-time teachers are deemed to meet the 1250 hour test. The 12 months do not have to be consecutive, but employment prior to a break in service of seven years or more does not have be counted unless the employee was fulfilling his/her National Guard or Reserve military service obligation or there is a written agreement between the employee and the School Board that the School Board intended to rehire the employee after the break in service.

For the purposes of this Policy a year is defined as beginning July 1 and ending June 30.

Notice to Employees of Their Rights under the FMLA

A notice explaining the FMLA’s provisions and providing information about the procedure for filing complaints with the Department of Labor will be posted prominently where it can be seen by employees and applicants for employment and the text will be large enough to be easily read.(Attachment 1 “Employee Rights and Responsibilities” - Notice to be posted of employee
rights under FMLA)

Employees requesting leave will be informed whether they are eligible under FMLA. The notice will also specify if any additional information is required as well as the employees’ rights and responsibilities. If they are not eligible, the reason for the ineligibility will be provided.

Rules for Intermittent and Reduced Schedule Leave

When permitted by this Policy, intermittent and reduced schedule leave may be used until the aggregate amount of such leave equals twelve (12) weeks in a year (July 1-June 30). However, the school division may assign the employee to an alternative position with equivalent pay and benefits that better accommodates the employee’s intermittent or reduced schedule leave.

Instructional employees (including teachers, athletic coaches, driving instructors and special education assistants) who need foreseeable intermittent or reduced schedule leave for themselves or family members and the leave would be greater than twenty percent of the total number of working days over the period of leave, may be required to take leave for a particular period or temporarily transfer to another position with equivalent pay and benefits.

Employees must make a reasonable effort to schedule any planned medical treatments so as not to disrupt unduly the school division’s operations.

Rules for Spouses Employed by Hanover County School Board

A husband and wife who are both eligible for family and medical leave and are both employed by the Hanover County School Board shall be granted family and medical leave only for a combined total of twelve (12) weeks per year when the leave is taken for the birth, foster placement, or adoption of a child or to care for the child after birth, adoption or foster placement and to care for a parent with a serious health condition.

Employee Notice of the Need for Leave

An employee must provide the school division at least 30 days advance notice before FMLA leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, planned medical treatment for a serious health condition of the employee or of a family member, or the planned medical treatment for a serious injury or illness of a covered service member. If 30 days notice is not practicable, such as because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable.

In requesting leave, employees shall not be required to use the words family and medical leave, but shall provide sufficient information to make the school division aware of the need for the leave. The school division shall inquire further of the employee if it is necessary to determine whether family and medical leave applies.

Certification of the Need for Leave

Employees must provide sufficient information for the school division to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the school division if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

Planned Medical Treatment Cannot Unduly Disrupt Employer Operations

When scheduling planned medical treatment, the employee must make reasonable efforts, which may require consulting with the employee’s supervisor, so as not to unduly disrupt the school division’s operations (subject to the approval of the health care provider) to meet the needs of the employee and the school division.

At the school division's discretion and expense, a second medical opinion may be required. Any dispute between the two opinions shall be resolved by the opinion of a third, jointly selected provider and paid for by the school division. Any recertification requested by the school division shall be at the employee’s expense.

The school division may use a health care provider, a human resource professional, a leave administrator, or a management official – but not the employee’s direct supervisor – to authenticate or clarify a medical certification of a serious health condition. The school division may require employees returning from leave for their own serious health condition to submit a certification that they are able to resume work. If reasonable safety concerns exist, the school division may require such a certification for employees returning from FMLA leave.

Designation of Leave as Family and Medical Leave

The division superintendent or his designee shall decide whether the employee qualifies for family and medical leave. The division superintendent or his/her designee shall designate family and medical leave qualifying leave as such and provide the employee a response within five (5) business days (absent extenuating circumstance) of the employee’s request or if insufficient information is provided, as soon as sufficient information is provided. The response shall inform the employee that paid and unpaid leave shall be used concurrently with family and medical leave.

Retroactive Designation

The school division may retroactively designate leave as FMLA qualifying if appropriate notice is given to the employee, provided the retroactive designation does not cause the employee harm. If the leave qualifies for FMLA protections, the employer and employee can mutually agree that it be retroactively designated as FMLA leave.

Benefits during Family and Medical Leave

Employees on family and medical leave shall receive the group health insurance plan coverage on the same conditions as coverage would have been provided if the employee had been working during the period of leave. The employee must continue to pay his or her share of the health care premium. Failure of the employee to pay his or her share of the premium may result in loss of coverage. Other benefits shall be provided according to School Board policy for paid or unpaid leave, whichever applies.

Reinstatement

On return from FMLA leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment.

Holidays during FMLA Leave

For purposes of counting the amount of FMLA leave an employee may take, a holiday that occurs within a week of leave has no effect. The entire week is counted as a week of FMLA leave. If an employee is on approved intermittent FMLA leave, and takes FMLA leave in an increment of less than a full week, the holiday does not count against his or her entitlement unless the employee was scheduled and expected to work on that day.

If the school division temporarily closes and employees are not expected to report for work for one or more weeks (such as during two weeks for winter break or a school year ending for the summer), the days the employer is closed do not count against an employee’s FMLA leave entitlement.

Return to Work

An employee on family and medical leave shall provide the school division at least two (2) work days notice of his intent to return to work. The employee shall be returned to the same or equivalent position at the end of the family and medical leave unless the school division shows that the employee would not otherwise have been employed at the time reinstatement is requested.

The following return to work provisions applies to instructional employees as defined above:

  1. If an instructional employee begins family and medical leave more than five (5) weeks before the end of an academic term, the employee may be required to continue taking leave until the end of an academic term if the leave is at least three (3) weeks in duration and the return to work would occur during the last three (3) weeks of the academic term.

  2. If an instructional employee begins family and medical leave for a purpose other than the employee's own serious health condition during the five (5) week period before the end of an academic term, the employee may be required to continue taking leave until the end of the academic term if the leave is longer than two (2) weeks in duration and the return to work would occur during the last two (2) weeks of an academic term.

  3. If an instructional employee begins family and medical leave for a purpose other than the employee's own serious health condition during the three (3) week period before the end of an academic term, the employee may be required to continue taking leave until the end of an academic term if the leave is longer than five (5) working days in duration.

    If an instructional employee is required to continue leave until the end of an academic term, only the period of leave until the employee is ready and able to return to work will be counted against the twelve (12) week family and medical leave entitlement. However, the school division will continue the group health insurance coverage under the same conditions as if the employee were working.

Paid and Unpaid Leave

All types of leave (accumulated sick, annual, personal, short term disability, long term disability, worker’s compensation, etc.) will run concurrently with any FMLA leave.

Employees will be required to use any accumulated sick, annual, and personal leave before being granted unpaid leave status, unless the employee has short-term disability insurance coverage and elects to use this benefit during his/her FMLA leave. In this case, the employee must use any available leave, including sick, annual and personal leave, during the prescribed waiting period of his/her short-term disability policy and at the expiration of the shortterm disability benefit period if the employee remains on FMLA leave.

If the employee uses anticipated leave that has not been earned and the employee fails to return to work after the expiration of FMLA leave, he/she will be expected to reimburse the school division for any unearned leave taken.

Extensions after FMLA is Exhausted

Extensions of leave may be granted to employees, through the use of their accumulated sick leave, if they meet the following criteria: (1) the medical leave was taken because of the employee’s own serious health condition; and (2) the employee has an earned sick leave balance or the employee participates in the sick leave bank and is approved for use of the sick leave bank. A position will not be held through use of earned, unused sick leave into the following school year.

Amended: April 12, 2002, July 16, 2003, July 1, 2011 

Attachment 2 “Military Leave Rights"

The Certification of Health Care Provider and Request for Leave of Absence can be obtained
by contacting the Human Resources Department.

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