Last Updated: September 23, 2005
1. BEREAVEMENT LEAVE
If an employee wishes to take time off due to the death of an immediate family member, the employee shall notify their supervisor or building administrator as soon as possible. Approval of Bereavement Leave will occur in the absence of unusual operating requirements.
Represented/Contract Employees:
The Wachusett Regional School District will provide bereavement leave to eligible employees who wish to take time off from work duties in the event of the death of a member of an employee’s family in accordance with the guidelines set forth in individual employment or collectively bargained contracts and District policy.
Unrepresented Non-Contract Employees:
Unrepresented Non-Contract Employees are entitled to take his/her personal leave days at full pay in the event of the death of a member of an employee’s immediate family (e.g. husband, wife, parent, mother-in-law, father-in-law, son, daughter, brother, brother-in-law, sister, sister-in-law, step-child, grandparent or grandchild). Once and if such personal leave has been exhausted, the employee may request an extension resulting in a total of five (5) bereavement days with the days in excess of the personal leave days to be charged against his/her accumulated sick leave. If the employee’s accumulated sick leave has been exhausted, the employee may apply to the Superintendent for an extension of time.
Unrepresented Non-Contract Employees are entitled to take one (1) personal leave day at full pay in the event of the death of an aunt, uncle, niece, and nephew. If such personal leave has been exhausted, the employee may request to use one day to be charged against his/her accumulated sick leave. If the employee’s accumulated sick leave has been exhausted, the employee may apply to the Superintendent for an extension of time.
Any employee may, with the approval of the Superintendent or designee, use any available paid leave for additional time off. All other provisions relative to Bereavement Leave are subject to the respective collective bargaining agreements and employment contracts.
2. FAMILY MEDICAL LEAVE
The District abides by the provisions of the 1993 Family and Medical Leave Act (FMLA). All eligible employees are entitled to up to twelve (12) weeks of unpaid leave for certain family and medical reasons in a one (1) year period. Employees are eligible for FMLA if they have worked for the District for at least one (1) year, and for one thousand two hundred and fifty (1,250) hours over the previous twelve (12) months.
Unpaid FMLA leave must be granted for any of the following reasons:
| 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. |
The use of available vacation time is subject to District approval for any of the above reasons. The use of available sick time is only applicable when the employee has a serious health condition.
The District requires all employees applying for a FMLA to submit a written request to the Superintendent of Schools.
3. SMALL NECESSITIES LEAVE
Pursuant to School Committee Policy P5281.8 Policy Relating to Personnel Management Small Necessities Leave (Appendix 1) and Massachusetts General Laws Chapter 149, Section 52D, the Wachusett Regional School District provides eligible employees with leave as governed by the Massachusetts Small Necessities Leave Act (SNLA) as set forth below.
Eligible employees may be entitled to take up to twenty-four 924) hours of unpaid leave during any rolling twelve 912) month period for any of the following covered purposes:
A) Participation in school activities of a son or daughter as long as those activities are directly related to the educational advancement of the child (e.g., parent-teacher conferences, interviews for a new school);
B) Accompanying a son or daughter to routine health care appointments, including medical and dental appointments;
C) Accompanying an elderly relative (defined as an individual at least sixty (60) years of age related to the employee by blood or marriage) to routine health care appointments, including medical and dental visits;
D) Accompanying an elderly relative to an appointment for professional services related to the individual's care, such as interviewing for a nursing home or group care facility.
Leaves covered by the law and this policy will be referred to in this policy as SNLA leave. Any leave taken by an eligible employee for any reason(s) covered by state law or this policy will be considered SNLA leave and will be credited as such in school records, even if the employee does not specifically identify it as leave under this law or policy. School policies are intended to comply with the applicable state law, and no benefit is intended in excess of the applicable law.
Eligibility for leave:
Generally, an employee who has been employed by the District for at least twelve (12) months and has worked at least on thousand two hundred fifty (1,250) hours during the twelve month period immediately prior to the commencement of the leave may be eligible for SNLA leave for any of the purposes listed above.
Duration of leave:
An employee may take up to twenty-four (24) hours of SNLA leave within any rolling twelve (12) month period, measured backward from the date any leave is used. SNLA leave may be taken in half-day increment blocks, up to the maximum amount of leave time available.
Requests for leave:
In the event of foreseeable leave, employees are expected to submit a written request for leave forty-eight (48) hours prior to the anticipated commencement of the leave. Where leave is not foreseeable, notice must be given as soon as is practicable, but not less than one-day prior to the leave.
Pay during SNLA leave:
Employees are required to use paid vacation or personal time off, if available, during the time taken for SNLA leave. Any paid time off used is exhausted simultaneously with an employee's entitlement to SNLA leave. If the employee has no paid time off available, then the leave will be unpaid.
Certification:
An employee may be required to submit a certification form from the health care provider or administrator visited during the leave. It is the employee's responsibility to ensure that the certification form is completed and returned to the Office of Administrative Services. In an employee fails to obtain the appropriate medical certification of the need for the leave, the District reserves the right to refuse the SNLA leave or to refuse to allow an employee to remain on SNLA leave.
4. JURY DUTY LEAVE
The Wachusett Regional School District encourages employees to fulfill their civic responsibilities by serving jury duty when required. Employees selected for jury duty shall receive their regular daily rate of pay for the first three (3) days of jury service. For any additional days of service, the District will pay the difference between regular straight time rate of pay and any payment received for jury service. The employee will be required to present proper evidence of jury service and the amount of compensation for such service, exclusive of travel and meal allowances.
Either the District or the employee may request an excuse from jury duty if, in the District's judgment, the employee's absence would create serious operational difficulties.
All insurance benefits shall remain in full effect during the term of the jury duty absence provided the employee continues to make co-payments as required. Accrual of benefits calculations, such as Vacation, Sick Leave, or Holiday benefits, will not be affected during unpaid jury duty leave.
5. MATERNITY LEAVE
Upon application of the employee, a Maternity Leave of Absence without pay shall be granted to eligible employees who have been so employed at least three (3) months before said application. The leave is to commence at the time recommended by their doctor and to extend for a period not to exceed eight (8) weeks from their date of departure. The District shall have the option of filling the vacant position temporarily for the period of absence. Please refer to your individual employment or collectively bargained contract for more details on Maternity Leave.
6. MILITARY LEAVE
A Military
Leave of Absence without compensation shall be granted to any employee
not in a temporary status called to active duty with the Armed Forces of the United
States.
A non-temporary employee who is a member of a reserve component of the Armed Forces of the United States shall be granted a leave of absence without loss of pay during their annual tour of duty not exceeding seventeen (17) days.
Non-temporary employees who are members of the Armed Forces of the Commonwealth of Massachusetts and who are called to duty by the Governor for the purpose of repelling invasion, suppressing an insurrection or civil disorder, or maintaining order in the case of a public disaster or emergency, shall be granted a leave of absence without loss of pay during the periods of such service. They shall also be granted a leave of absence without loss of pay during their annual tour of duty not exceeding seventeen (17) days with the Armed Services of the Commonwealth of Massachusetts.
Non-temporary employees will not lose seniority benefits if they are called to active duty for an extended period of time provided that they return to their job in accordance with the following:
· If leave was less than 31 days: the employee get eight hours after their service ends plus a reasonable period for safe transportation from where their service took place. After that, the employee must report for work no later than the first full work day.
· If leave was between 31 and 180 days: the employee must submit an application for re-employment with the District within 14 days after their service ends.
· If leave was more than 180 days: the employee must submit an application for re-employment with the District within 90 days after their service ends.
Upon approval of such leave, the District will identify the date by which notice of return shall be given, if known. Failure to return by the date identified and/or failure to notify the District of intention to return shall constitute a resignation from employment. Absent emergency conditions, such leaves shall be requested at least sixty (60) days in advance.
7. PERSONAL LEAVE
Represented/Contract Employees:
In accordance with the guidelines set forth in individual employment or collectively bargained contracts and District policy, the Wachusett Regional School District will provide paid personal leave to eligible employees who wish to take time off from work duties to fulfill personal obligations. Full-time employees and part-time with benefits employees are eligible to take a Personal Leave.
Unrepresented Non-Contract Employees:
Consistent with School Committee Policy, the District will provide up to three (3) days per year to Unrepresented Non-Contract Employees that may be used for personal leave at full pay, with prior approval of the Superintendent or designee for the purpose of conducting personal business that must be conducted during regular work hours.
Unrepresented Non-Contract Employees must be scheduled for an average of twenty (20) hours per week to receive this benefit. Requests for personal leave will be evaluated based on a number of factors, including anticipated operational and educational requirements and staffing considerations during the proposed leave of absence.
8. SICK LEAVE
Represented/Contract Employees:
Consult the individual collectively bargained agreement or individual employment contract to determine the benefits to which the employee is entitled.
Unrepresented Non-Contract Employees:
Unrepresented Non-Contract Employees will accrue sick leave at the rate of ten (10) days per year, which will accrue at the rate of 0.833 days per each month worked for full year staff and at 1.0 days per each month worked for school year staff, cumulative to a maximum of 90 days. Sick leave shall be in proportion to the hours scheduled.
Unrepresented Non-Contract Employees accruing at a higher rate will maintain the higher rate. Unrepresented Non-Contract Employees who have accumulated more than 90 days will maintain their current level of accumulated sick leave and will not accrue additional time unless their accumulated sick leave falls below the 90 day limit. Unrepresented Non-Contract Employees who are full time or part time with benefits are eligible for sick leave benefits. Full-time is thirty (30) hours or more per week, prorated to award on basis of hours worked per week, with requirement of minimal employment to average twenty (20) scheduled hours per week.
Unrepresented Non-Contract Employees should contact the Office of Administrative Services with questions regarding their individual accrual rates.
Upon termination, unused sick leave is returned to the District. Any employee in this category who had sick days accrued prior to September 1, 1994 had such days carried forward.
9. UNPAID LEAVE
Represented/Contract Employees:
In accordance
with the guidelines set forth in individual employment or collectively
bargained contracts and District policy, the Wachusett Regional School District will
provide unpaid leave to eligible employees who wish to take time off from work duties to
fulfill personal obligations. Full-time
employees and part-time with benefits employees are eligible to take an unpaid leave.
Unrepresented Non-Contract Employees:
Consistent with School Committee Policy, the District will allow eligible unrepresented non-contract employees to take unpaid leave to take time off from work duties to fulfill personal obligations, with prior approval of the Superintendent. Full-time employees and part-time with benefits employees are eligible to take a Personal Leave. Employees may request unpaid leave after having completed six (6) months of service in an eligible employment classification. Pending the District's approval, employees may take any available sick leave, if authorized, or vacation leave prior to the effective date of the leave of absence. Absent emergency conditions, such leaves shall be requested at least sixty (60) days in advance.
Requests for unpaid leave will be evaluated based on a number of factors, including anticipated operational and educational requirements and staffing considerations during the proposed unpaid leave of absence.
The District will continue to provide insurance benefits for the first thirty (30) days after the leave begins. Thereafter, employees must pay the full costs of their insurance benefits on the due date. The District will resume payment of the costs of these benefits when the employee returns to active employment. Accruals of benefit calculations, such as vacation leave, sick leave, or holiday benefits, will be suspended during the leave and will resume upon return to active employment.
To the extent possible, employees returning from unpaid leave will be returned to their former position or will be offered the first available comparable position for which they are qualified. If an employee fails to report to work at the expiration of the approved unpaid leave period, the District will assume that the employee has voluntarily terminated employment.