ARTICLE VII: EMPLOYEE PAY AND FRINGE BENEFITS
Table of Contents
5-7.1 Employee compensation
5-7.4 POST RETIREMENT EMPLOYMENT PLAN:
5-7.7 travel expenses
5-7.9 employee absences/leave
5-7.10 FAMILY AND MEDICAL LEAVE
POLICY 5-7.1 EMPLOYEE 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
l. 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.
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
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. 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.
School Board employees may be paid in twelve (12) or twenty-four (24) annual installments. Checks for those employees who are paid in twenty-four installments shall be delivered on the fifteenth (15th) day of each month or the last working day before the fifteenth (15th) and the close of the last working day of each month. All deductions for those who are paid in twenty-four installments shall be divided equally between the two checks. Deductions for time missed shall be made from the check due on the fifteenth (15th).
Payroll deductions will be made for those purposes required 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, and that are in compliance with the rules and regulations of the centralized payroll system.
Deductions for Absences
School Board employees who are absent from their assignments without appropriate authorization or who do not have leave coverage shall have their next paycheck decreased at a rate equal per diem salary payment for each day of absence.
Garnishments and Tax Liens
Any employee of the School Board who is court ordered or permits his wages to be garnished or attached or enters into voluntary bankruptcy shall be called in for a conference with the office of human resources. All employees are strongly advised to pay all indebtedness promptly and before the respective deadlines.
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, 8 VAC 20-440-10.
Recodified: August 2000, Amended July 9, 2001, July 16, 2003
REGULATION 5-7.1(A) LICENSED PERSONNEL: TEACHER COMPENSATION SCHEDULE
REGULATION 5-7.1(B) EMPLOYEE PAYROLL DEDUCTIONS
REGULATION 5-7.1(C) WAGE PAYMENTS: SCHOOL INTERNAL ACCOUNTS
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 payroll deductions:
1. Authorized Hospitalization Plans
2. Dental Insurance
3. Cancer Insurance
4. Travelers Annuity
5. Horace Mann Annuity
10. United Way
Amended May 9, 2001, July 16, 2003
REGULATION 5-7.1 (C) WAGE PAYMENTS: SCHOOL INTERNAL ACCOUNTS
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.
There shall be a minimum
enrollment of 25% of all employees within an employee category in Hanover
Schools eligible for membership in
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
Services: custodians and maintenance employees
Clerical: secretaries, account clerks, account specialists, fiscal technicians, and registrars
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.
POLICY 5-7.2 INSURANCE
State Worker’s Compensation
The Hanover County School Board honors the requirements
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.
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.
Recodified: August 2000, Amended: July 16, 2003
POLICY 5-7.3 RETIREMENT
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.
Members of the
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.
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.
REFERENCE: Code of
Recodified: August 2000, Amended: July 16, 2003
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:
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
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 be in effect for the 2012-13 school year and participation in the plan shall be subject to School Board approval. Employees currently participating in our early retirement program may continue in the post retirement plan for 2012-13 if they meet the other requirements outlined in this regulation.
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.
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. This post retirement employment plan shall be offered for the school year 2012-13. Participants in the post retirement employment plan will be paid 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 (twenty-five (25) days) 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
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
Recodified: August 2000
Amended: March 14, 2001, January 8, 2013
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.
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.
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
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
REGULATION 5-7.6 FINANCIAL ASSISTANCE FOR ADDITIONAL ENDORSEMENTS
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.
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
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 - Area of Critical Shortage
NAME _______________________________________________ DATE _________________________
Present Endorsement(s) _________________________________________________________
Area of critical shortage for which endorsement is being sought:
List specifically required classes previously completed:
List specifically required classes to be taken, when they will be taken, cost of classes, and college at which they will be taken:
Year to be Taken
List other anticipated costs incurred as a part of meeting requirements for endorsement in your selected areas of critical shortage.
Travel (estimate) $ _______________
Books (estimate) $ _______________
Total costs (tuition, travel, books): $ _______________
This application is to be filed in the office of human resources of the Hanover County Public Schools between April 1 and April 30 of each year.
I agree to abide by the requirements of the Hanover County School Board Policy and Regulations should I receive a scholarship under the scholarship assistance in areas of critical shortage.
Teacher ________________________________________________ Date ______________________
For Office Use:
o Scholarship granted in the amount of __________________ o Scholarship denied.
Approved by School Board: ______________________________ Date ____________________
EDUCATIONAL ASSISTANCE AGREEMENT
THIS AGREEMENT, entered into this __________ day of _______, by _________________________, a teacher employed by the Hanover County School Board ( the “School Board”) and school board (hereinafter "the teacher").
In consideration of educational assistance provided to the teacher by the Hanover County School Board in the amount of __________, the teacher agrees that if he/she leaves School Board employment for any reason, including resignation or termination, prior to __________ years after completion of endorsement, he/she will pay to the School Board a proportionate amount of the total paid by the Hanover County School Board. Such amount shall be prorated on a weekly basis with reference to the length of time remaining in the time period referred to above and in Hanover County School Board Policy and Regulations regarding teacher educational assistance.
If the teacher fails for any reason to meet endorsement requirements prior to __________ (three years from date of receipt of initial scholarship), and if he/she leaves School Board employment for any reason, including resignation or termination, prior to __________ years after the three-year period has elapsed, the teacher shall pay to the School Board a proportionate amount of the total paid by the School Board, prorated as stated above.
WITNESS the following signature:
________________________________________ (SEAL) ________________
POLICY 5-7.7 TRAVEL EXPENSES
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 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
Recodified: August 2000
POLICY 5-7.8 HOLIDAYS
All full-time twelve-month classified 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
Recodified: August 2000
Amended: March 2001
All regularly employed twelve-month classified 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 full-time, twelve month classified employees are entitled to four compensatory holidays which are included in the annual beginning balance each year. Employees who qualify for the holiday but who actually work shall be granted time off with pay at other times during the contract year. In order to take a compensatory holiday off, employees shall submit a vacation leave request form 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:
Lee-Jackson Day...................................................................... Third Friday in January
President’s Day................................................................... Third Monday in February
Columbus Day............................................................... Second Monday in October
Veteran’s Day....................................................................................... November 11
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.
When a non-exempt employee is requested to work on a holiday, the employee shall be compensated at an additional half of his hourly wage for the hours worked. Compensatory time cannot be accrued in lieu of holiday pay.
Amended: March 2001, June 9, 2009
POLICY 5-7.9 EMPLOYEE ABSENCES/LEAVE
The division superintendent or his designee shall issue regulations for the reporting of Hanover County School Board employee absences. Unexcused absences may result in an employee’s dismissal.
Classified Licensed and Non-Licensed Personnel
Twelve month full-time classified licensed and non-licensed employees (including 12 month teachers) shall be granted vacation at the rate of one (1) day per month through the completion of the first four (4) years of employment; 1 1/4 days per month through the completion of nine (9) years; and 1 1/2 days following the completion of nine (9) years. Experience for annual leave shall be earned only from employment in the Hanover County Public Schools and only for full-time twelve (12) months employment.
Vacation time may be taken at any time during a contract year if workload permits, and with the authorization of the designated supervisor.
Full-time eligible employees may take personal leave during a contract year to attend to personal and/or business needs. Eligible employees with fewer than three years of service with the school division may be granted two (2) days of personal leave during the contract year. Those employees with three (3) or more years of service with the school division may be granted three (3) days of personal leave during a contract year. The division superintendent shall establish regulations for the application of this Policy.
Leave for G.E.D. Study
An employee committed to earning his 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 designee shall determine the length of leave time allowed.
Sick leave is available for teachers in case of sickness and emergencies. Due to the detrimental effect on the instructional program, other absences on the part of the teacher are discouraged. Obviously, teacher absence not covered by sick leave or personal leave shall result in a direct deduction of full salary for each day's absence. 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. Regularly employed part-time employees earn leave on a prorated basis.
Classified Licensed and Classified Non-Licensed Personnel
The sick leave plan for full-time non-licensed personnel shall operate in the same manner and under the same regulations as the plan for licensed personnel with the exception that eleven (11) or twelve (12) month personnel shall earn one (1) day of sick leave for each month of employment.
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 absence, the employee must supply the division superintendent's office with a doctor's certificate verifying the illness.
leave shall be allowed for bereavement for death in the immediate family
requiring the attendance of the employee 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 may have unlimited accumulation of sick leave.
Terminal Pay for Unused Sick Leave
Incumbent employees retiring or terminating employment from the school division after ten (10) or more years in the Hanover County Public Schools, regardless of reason for termination, shall be paid at the time of leaving 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, such leave shall remain on the books for a maximum for three (3) years.
The School Board will maintain a sick-leave bank for full-time and part-time contracted employees who have prolonged catastrophic (catastrophic is 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 the employee informs the sick-leave bank administrator, the assistant superintendent of human resources, prior to September 15th of any year 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).
Medical leaves of absence may be granted to employees of the school division who have a debilitating or life-threatening illness or injury, but who are not eligible for leave under the Family and Medical Leave Act because they have not worked for the School Division for twelve (12) months or at least 1,250 hours. Such leaves of absence shall not exceed twelve (12) weeks and may be taken only in full-day increments within the designated FMLA year. Approval must be obtained before leave may be taken. Leave will be approved only for the period of time certified by the employee’s physician.
Employees who are on medical or FMLA leave may not engage in work for which they receive pay or any other type of remuneration without the prior written approval of the Superintendent or his designee.
In cases where employees are absent at least five (5) continuous work days, the division superintendent shall require a medical statement from a physician or physicians. The School Board reserves the right to require a second medical opinion in cases involving any medical leave of absence. Additionally, supervisors have the right to request a medical statement.
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 service in the division who provide detailed information indicating the reason for the request. Such leave may be taken for illness, family demands, or other personal reasons.
An employee on leave of absence is not automatically offered reappointment, nor guaranteed his/her former assignment, and must assume the responsibility for notifying the division superintendent or his designee in writing not later than April 15 of the year preceding the school year in which he/she will become available for reappointment. Failure to notify the superintendent or his 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 designee, will result in the immediate termination of employment and all associated benefits.
A teacher may be granted a leave of absence for short duration to complete work on a baccalaureate degree or master's degree provided such a degree is essential to the position which the teacher holds. The division superintendent shall determine the length of leave allowed.
Reassignment Upon Return from Leave Without Pay
In the granting of leave without pay, the School Board can only assure that every reasonable effort will be made to return the employee to his 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.
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. In order to be eligible for such leave, the employee must have completed at least five (5) years of continuous and satisfactory service, the last four (4) of which must have been in the Hanover County Public Schools.
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.
All principals, supervisors, and teachers employed on twelve-month contracts may be granted six (6) weeks leave of absence with pay every third summer for the purpose of attending summer school.
No summer vacation or other leave shall be granted a principal, supervisor or teacher employed on a twelve month contract during a summer in which he accepts the six-week leave of absence for study.
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
Jury Duty and Court Appearances
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.
Employees who have been summoned or subpoenaed as witnesses who provide reasonable notice of such court appearance to their supervisor will be granted leave with pay, except when the employee is a defendant in a criminal case.
LEGAL REFERENCE: Code of
Recodified: August 2000
Amended: April 23, 2001, April 16, 2002, September 14, 2004, July 12, 2005, July 14, 2009, July 13, 2010
REGULATION 5-7.9(A) REPORTING ABSENCES
REGULATION 5-7.9(B) ANNUAL LEAVE
REGULATION 5-7.9(C) GUIDELINES FOR SICK LEAVE
REGULATION 5-7.9(D) SICK LEAVE BANK/CATASTROPHIC ILLNESS
REGULATION 5-7.9(E) LEAVE WITHOUT PAY
REGULATION 5-7.9(F) PERSONAL LEAVE
REGULATION 5-7.9(G) SABBATICAL LEAVE
REGULATION 5-7.9(I) RELIGIOUS
REGULATION 5-7.9 (A) REPORTING ABSENCES
Hanover County School Board employees utilizing available leave shall follow these general principles:
1. Notify their supervisor or principals on the day before or the evening before the absence, when circumstances permit.
2. In the event that advanced notice is not possible, employees will give notification before 8:00 a.m. of the day on which the absence occurs.
3. 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.
4. All cafeteria, clerical, custodial and maintenance personnel will notify their immediate supervisors. Adequate time should be allowed so that the supervisor may secure a substitute if needed.
5. 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 accrued sick leave.
6. Persons with excessive absences may be required to furnish a doctor’s certificate.
7. Employees shall use the leave reporting forms as from time to time are developed by the office of human resources.
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 (maximum conversion shall be seven annual leave days to seven sick leave days).
B. Retiring or terminating employees shall be paid for unused annual leave at the time of leaving School Board employment. The maximum of seven annual leave days may be converted to seven sick leave days.
Adopted: April 16, 2002
Amended: April 26, 2005, September 11, 2007, June 9, 2009
REGULATION 5-7.9 (C) GUIDELINES FOR SICK LEAVE
1. Allowances shall be as follows:
a. Each full-time and part-time Hanover County School Board employee may earn one (1) day of sick leave for each month of service. Full-time and part-time employees who qualify may have unlimited accumulation of sick leave. 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. Under this leave, a half-day work schedule is the equivalent of a full-day employment for regular part-time personnel when counting sick leave.
c. Sick leave accruals for less than one (1) full year of full-time employment shall be at the rate of one (1) day per month or major fraction thereof. This provision applies to those employees who do not begin employment at the start of the school term and to those who do not complete the full year.
d. 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. 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 credit, not to exceed such balances to his credit as of June 30 of the immediate preceding 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 of an employee shall include natural parents, foster parents, grandmother, grandfather, stepmother, stepfather, wife, husband, 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
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 illness of five (5) or more consecutive days absence, the employee must supply their immediate supervisor with a doctor’s certificate verifying the illness.
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
REGULATION 5-7.9 (D) SICK LEAVE BANK/CATASTROPHIC ILLNESS
Each full-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.
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 intent to withdraw from participation in the sick leave bank during a future benefits open enrollment period.
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 sick leave is depleted. A member must make application for use of the sick leave bank entitlement within 10 working days after using all accrued sick leave including special 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 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.
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.
1. Upon termination of employment or withdrawal of membership, a participant will not be permitted to withdraw or be paid for his 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
REGULATION 5-7.9 (E) 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.
REGULATION 5-7.9 (F) PERSONAL LEAVE
Full-time contracted Hanover County School Board employees with fewer than three (3) years of service with Hanover County Public Schools may be granted two (2) days of personal leave, and full-time contracted employees with three (3) or more years of service with Hanover County Public Schools may be granted three (3) days of personal leave under the following conditions:
Employees with fewer than ten (10) consecutive years of service in Hanover County Public Schools may carry forward one (1) unused day of personal leave from one academic year to the following year. All remaining personal leave days will be transferred to sick leave.
Employees with ten (10) or greater than ten (10) consecutive years of service in Hanover County Public Schools may carry forward two (2) unused days of personal leave from one academic year to the following year. All remaining personal leave days will be transferred to sick leave.
Employees will file a personal leave form with the 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.
Leave requests that consist of four (4) or five (5) consecutive days must be submitted twenty 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.
Final approval or denial of a leave request 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. three workdays prior to and during the administering of state testing programs, mid-term, and final school district examinations.
The assistant superintendent of human resources will determine final action for personal leave requests submitted for restricted periods.
1. For those requests which require a ten (10) day notice, a response should be provided within five (5) workdays.
2. For purposes of this Regulation, when determining the number of teachers equivalent to five (5) percent, all fractions should be rounded up to the next numeral.
Amended April 11, 2001
Applications for sabbatical leave for the ensuring year to begin on September 1 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. Whenever possible sabbatical leave shall be requested for September 1.
During the sabbatical period, the Hanover County School Board employee shall be paid one-half of the base salary (exclusive of any supplements) he would have been paid for regular services.
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 year. Should an employee elect not to return to the School Division after his sabbatical, he must, within 120 days from his leave termination date, reimburse the School Board the total salary advanced during his leave. Individuals who teach for only two (2) years following their leave are required to reimburse the School Board for two-thirds of the salary received. No guarantee can be made that the employee returning from sabbatical leave will be reassigned to a former position or to an equal position except in terms of salary. Any person granted leave of absence 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.
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 return to full employment.
The employee who has been on sabbatical leave shall receive the full yearly increment provided he has fulfilled the plans approved by the division superintendent when the leave was granted.
A leave of absence may be granted by the School Board so long as the total requests for funds does not exceed the amount provided in the annual financial plan for such leave. 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.
REGULATION 5-7.9(H) LICENSED PERSONNEL: PROFESSIONAL LEAVE FOR STUDY
In lieu of six (6) weeks of absence with pay every third summer for the purpose of working on an advanced degree, the division superintendent may extend a maximum of two weeks per year over a three-year period.
Adopted: May 14, 2001
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.
In compliance with School Board regulations, no religious leave may be taken
1. the first week of school,
2. the day before or after a holiday period or school break, or
3. 3 workdays prior to and during the administering of state testing programs, mid-terms, and final school district examinations.
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
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
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.
“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
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.
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. (See Attachment 1).
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
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.
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.
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.
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.
following return to work provisions applies to instructional employees as
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 short-term 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.
Attachment 1 “Employee Rights and Responsibilities” - Notice to be posted of employee rights under FMLA.
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.
EMPLOYEE RIGHTS AND RESPONSIBILITIES
UNDER THE FAMILY AND MEDICAL LEAVE ACT
Basic Leave Entitlement
FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:
• For incapacity due to pregnancy, prenatal medical care or child birth;
• To care for the employee’s child after birth, or placement for adoption or foster care;
• To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or
• For a serious health condition that makes the employee unable to perform the employee’s job.
Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.
Benefits and Protections
During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.
Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.
Substitution of Paid Leave for Unpaid Leave
Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies.
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.
Employees must provide sufficient information for the employer 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 employer 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.
Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility.
Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.
Unlawful Acts by Employers
FMLA makes it unlawful for any employer to:
• Interfere with, restrain, or deny the exercise of any right provided under FMLA;
• Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.
FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice. Regulations 29 C.F.R. § 825.300(a) may require additional disclosures.
For additional information:
1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627
WHD Publication 1420 Revised January 2009
Military Family Leave
On January 28, President Bush signed into law the National Defense Authorization Act for FY 2008 (NDAA), Public Law 110-181. Section 585(a) of the NDAA amended the FMLA to provide eligible employees working for covered employers two important new leave rights related to military service:
(1) New Qualifying Reason for Leave. Eligible employees are entitled to up to 12 weeks of leave because of “any qualifying exigency” arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation. By the terms of the statute, this provision requires the Secretary of Labor to issue regulations defining “any qualifying exigency.” In the interim, employers are encouraged to provide this type of leave to qualifying employees.
(2) New Leave Entitlement. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26 weeks of leave in a single 12-month period to care for the servicemember. This provision became effective immediately upon enactment. This military caregiver leave is available during “a single 12-month period” during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave.
Additional information on the amendments and a version of Title I of the FMLA with the new statutory language incorporated are available on the FMLA amendments Web site at http://www.dol.gov/esa/whd/fmla/NDAA_fmla.htm.