Article 12 – Leave

Article 12 – Leave

12.01 – Concept: The parties agree that there is no substitute who can replace an employee in meeting the needs of students. The District encourages regular attendance and limited use of leave. Leave should be requested only when necessary an as allowed by law and the terms of this agreement. The parties agree that there is a direct and positive relationship between employee attendance and the successful performance of assigned duties and student achievement.

12.02 – Employees

1. Leave Balance and History: Employees shall have access to an accurate accounting of their leave balance and history via PeopleSoft. Every effort shall be made to provide a monetary value associated with an employee’s leave balance. Monthly statements of leave shall be available via PeopleSoft.
2. Rights and Responsibilities: Employees have the right to accrue leave and the right to request use of leave. Employees have the responsibility to attend work as much as possible. Employees have the responsibility to communicate with their immediate supervisor and district staff regarding absences and leaves. Employees have the responsibility to provide supporting documentation, if requested by their immediate supervisor or district staff.
3. Requests: Employees shall be able to submit leave requests to their immediate supervisor. Requests shall be made as far in advance as possible. Requests made twenty-four (24) hours or less before an absence may be denied. Requests made five (5) business days or less before an absence may require supporting documentation. Business days shall be defined as days that the District offices are open for business. Supporting documentation may be submitted in advance of an absence and must be provided no later than five (5) business days after an employee’s return to work or the expiration of approved leave, whichever comes first. Request shall be considered denied until written approval is provided by the employee’s immediate supervisor or Human Resources.
4. Rationale or Reason: Requests for use of leave shall include a rationale or reason for the request. Employees are required to select from the following types of sick leave, vacation, or temporary duty. Employees may provide a rationale based on the type of leave selected.
5. Types of Leave:
   1. Sick Leave: Sick Leave may be used in one (1) hour increments. Requests for sick leave must be for a rationale or reason listed below:
      1. Medical (Self): Medical (Self) includes absences due to personal illness, injury, accident, disability, or other medical condition.
      2. Medical (Family): Medical (Family) includes absences due to illness, injury, accident, disability, or other medical condition of a family or household member, including but not limited to: father, mother, brother, sister, husband, wife, child, or another close relative.
      3. Personal: Personal includes absences due to personal business or matters which cannot be attended to outside of the employee’s regular workday, including but not limited to: legal proceedings, weddings, graduations, or civic functions.
      4. Bereavement: Bereavement includes absences due to a death of a family or household member, including but not limited to: father, mother, brother, sister, husband, wife, child, or another close relative.
   2. Vacation: Vacation is available to full-time regular employees with a 255-day work year. Vacation may be used in one (1) hour increments. Vacation requests must be pre-scheduled and pre-approved.
   3. Temporary Duty: Temporary Duty may be used in one (1) hour increments. Requests for temporary duty may be for a rationale or reason listed below:
      1. Professional Development: Professional Development includes absences due to the performance of assigned duties in direct support of the District’s mission, including but not limited to: participation in professional associations, conferences, trainings, surveys, workshops, and other professional meetings. Professional Development may be eligible for travel reimbursement or per diem payments for meals.
      2. Jury Duty: Jury Duty includes absences due to court summons for participation on a jury panel or service as a juror. Employees are required to immediately return to work upon dismissal from participation on a jury panel or service as a juror. Jury Duty is not eligible for travel reimbursement or per diem payments for meals.
      3. Witness: Witness includes absences due to subpoena by the District in order to represent the District as a witness or to provide testimony. Employees are required to immediately return of work upon dismissal from service as a witness. Witness is eligible for travel reimbursement and per diem payment for meals.
      4. Military: Military includes absences due to military order. Military is not eligible for travel reimbursement or per diem payments for meals.
   4. Other Types of Leave: All other types of leave must be submitted by the employee or their immediate supervisor to Human Resources. Other types of leave include those associated with Worker’s Compensation, the Family Medical Leave Act (FMLA), and Board approved extended leaves. Denial of a request for other types of leave will result in the employee being charged sick leave.
6. Approval or Denial: Employees will be notified of the status of their leave request as soon as possible and no later than ten (10) business days after the request is made.
7. Return: Prior to the expiration of approved leave or the exhaustion of accrued leave, employees must notify their immediate supervisor of their intent to return to duty, resign, or request additional leave. Employees should provide their immediate supervisor with twenty-four (24) hours’ notice of their intent to return to work.
   1. Fitness for Duty: A fitness for duty screening may be required if an employee is absent for ten (10) days or more in a twelve-month period. An immediate supervisor may request a fitness for duty screening if an employee is absent and does not have prior approval for use of leave. Prior to requiring a Fitness for Duty exam, the District shall counsel the employee to assist in determining the necessity of the exam, unless there is an immediate health or safety risk to the employee or another person. If the District determines that a Fitness for Duty exam (either medical or psychological) in accordance with the Florida statutes is required, the employee shall be placed on administrative leave with pay until the Fitness for Duty exam can be completed, within three (3) business days. After that time, their sick leave would be charged. If the individual is deemed “not fit for duty” they would go on Board leave or use sick time. The administrative leave without pay will begin the next work day. Fitness for Duty options apply to employees who are not currently on leave. The date of the doctor’s note shall control the duration of temporary duty.
8. Abuse of Leave: Any absence that results in a disruption to the education environment or worksite may be considered an abuse of leave. If abuse of leave is suspected, immediate supervisors may request supporting documentation. Abuse of leave may result in a change in the type of leave recorded, or disciplinary action up to and including termination.
   1. Absence Without Leave (AWOL): Absence Without Leave (AWOL) includes absences that have not been approved by the immediate supervisor. AWOL includes absences that are considered “no call, no show” and may be treated as abandonment of position after three (3) consecutive days of absence.
   2. Leave Without Pay: Leave Without Pay (LWOP) includes absences where paid sick leave or vacation is not available or not approved by the immediate supervisor. LWOP may be granted by the immediate supervisor in emergency situations and should be reported by the immediate supervisor to Human Resources and Payroll. Unapproved absences or absences on a day where a request for leave has been denied will be leave without pay.
   3. Excessive Absenteeism: Excessive absenteeism includes absences in excess of accrued leave, absenteeism at a rate exceeding the rate of leave accrual, or three consecutive days of absence without approval by the immediate supervisor. Immediate supervisors should communicate with individual employees to discuss excessive absenteeism prior to taking disciplinary action.
   4. Suspicious Pattern: Suspicious patterns of absence may be considered an abuse of leave provided there is an articulable and objective basis for the suspicion.

12.03 – Immediate Supervisors

1. Leave Balance and History: Immediate supervisors shall have access to an accurate accounting of the leave balance and history for the employees they supervise via PeopleSoft. Every effort shall be made to provide a monetary value associated with employee’s leave balance. Monthly statements of leave balances shall be made available to immediate supervisors via PeopleSoft. Immediate supervisors shall review available reports and notify Professional Standards of any cases of suspected abuse of leave.
2. Rights and Responsibilities: Immediate supervisors have the right to review leave requests. Immediate supervisors have the right to approve or deny requests, based on an assessment of disruption to the education environment or worksite. Immediate supervisors have the responsibility to honor all good faith requests. Immediate supervisors have the responsibility to provide notice to employees regarding available types of leave at least once annually. Immediate supervisors have the responsibility to communicate with employees and district staff regarding employee absences and leaves. Immediate supervisors have the responsibility to oversee and coordinate vacation schedules for employees at their location in order to minimize potential disruption.
3. Requests: Immediate supervisors shall respond to leave requests submitted by the employees they supervise by indicating if the request is approved or denied. Approval or denial of leave requests shall be made as far in advance as possible and no later than ten (10) business days after the request is made. Requests made twenty-four (24) hours or less before an absence may be denied. Requests made five (5) business days or less before an absence may require supporting documentation. Business days shall be defined as days that the District offices are open for business. Supporting documentation may be submitted in advance of an absence and must be provided no later than five (5) business days after an employee’s return to work or the expiration of approved leave, whichever comes first. Immediate supervisor must report absences of three (3) consecutive days or more, or ten (10) days in a twelve-month period to Payroll and Human Resources.
4. Rationale or Reason: Immediate supervisors shall review the rationale or reason for the request. Employees are required to select from the following types of leave: Sick Leave, Vacation, or Temporary Duty. Additional commentary is not required by the employee, but may be requested in the event that an immediate supervisor suspects abuse of leave or if the absence may result in a disruption to the education environment or worksite.
   1. Supporting Documentation: Appropriate supporting documentation includes, but is not limited to: notes issued by a licensed medical professional, obituaries or certificates of death, conference or course registration information, jury summons, military orders, subpoenas, travel documents, police reports, referrals to victim services organizations, or similar documentation issued by an objective third party. Immediate supervisor must have supporting documentation for absences of three (3) consecutive days or more, or ten (10) days in a twelve28 month period.
   2. Priority: Requests shall be reviewed and considered in the order in which they are received. Consideration may be given to the duration, nature, or severity of an underlying rationale or reason for a request. Priority may be given for major life events, including but not limited to: weddings, graduations, births, or deaths.
5. Types of Leave: Immediate supervisors shall respond to leave requests for the types of leave mentioned in Article 12.02(5) and submit employee requests requiring District approval to Human Resources.
   1. Sick Leave: Immediate supervisors may approve requests in increments of one (1) hour.
   2. Vacation: Immediate supervisors may approve requests in increments of one (1) hour.
   3. Temporary Duty: Immediate supervisors may approve requests in increments of one (1) hour.
6. Approval or Denial: Immediate supervisors shall enter their approval or denial of an employee’s request for leave into PeopleSoft. Immediate supervisors will make reasonable efforts to ensure a response is provided to the employee prior to the date for which the leave is requested. Immediate supervisors shall notify employees of the status of their leave request as soon as possible and no later than ten (10) business days after the request is made.
   1. Approved: Immediate supervisors may approve requests if:
      1. No Disruption: The request is for sick leave or temporary duty for an absence that will not result in a disruption to the education environment or worksite and adequate staffing or coverage exists.
      2. Vacation: The request is for vacation and the employee has used two (2) weeks or fewer of vacation in the preceding twelve (12) months.
   2. Denied: Immediate supervisors may deny requests if:
      1. Insufficient Notice: The request is made twenty-four (24) hours or less before an absence.
      2. Incomplete Request: The request is made without selecting a type of leave, without providing a reason or rationale based on the type of leave selected, or without providing supporting documentation if requested.
      3. Start of School Year: The request is for a day during the five days immediately following the start of the student school year.
      4. End of School Year: The request is for a day during the five days immediately prior to or immediately following the end of the student school year.
      5. Paid Holiday: The request is for the day immediately prior to or following a paid holiday, as mentioned in Article 7.05 (Holidays), or approved vacation.
      6. Vacation: The request is for a vacation that has not been pre-scheduled or is not pre-approved by the immediate supervisor.
      7. Disruption: The request is for a day that will result in a disruption to the education environment or worksite, adequate staffing or coverage does not exist, or the request constitutes an abuse of leave.
7. Rescind: If a change in circumstances, including but not limited to an emergency, results in an approved leave creating disruption to the education environment or worksite, the Superintendent may rescind approved leave or authorize immediate supervisors to do the same. The immediate supervisor is responsible for providing the employee with notice that an approved leave has been rescinded.
8. Abuse of Leave: Any absence that results in a disruption to the education environment or worksite may be considered an abuse of leave. If abuse of leave is suspected, immediate supervisors may request supporting documentation. Abuse of leave may result in a change in the type of leave recorded, or disciplinary action up to and including termination.

12.04 – District:

1. Notice: Each fiscal year, Human Resources may provide employees and immediate supervisors with information on the types of leave mentioned in Article 12.02(5). Immediate supervisors may provide employees with information on how to submit a request for leave, include those associated with Worker’s Compensation, the Family Medical Leave Act (FMLA), and other types of leave. Employees are responsible for submitting requests for leave and supporting documentation themselves.
2. Accruals:
   1. Sick Leave: Sick leave shall be accrued in a manner consistent with Florida Statute 1012.61.
      1. Standard: Employees will receive a standard accrual of sick leave in the amount of (1) day per month based on scheduled work days. Employees must work one (1) day more than half of the month in order to be eligible for a standard accrual that month.
      2. Summer Programs: Employees will receive a summer program accrual of sick leave in the amount of one (1) day per three (3) weeks worked, with a maximum accrual of two (2) days per summer.
      3. Advance: Employees will receive an advanced accrual of sick leave in the amount of four (4) days at the start of the regularly scheduled work year.
      4. Personal: Employees may request to use a maximum of six (6) sick leave days for personal each fiscal year. Sick leave for personal is non-cumulative from year to year and does not constitute a separate leave accrual.
      5. Reinstatement: If an employee terminates their employment without receiving terminal pay benefits and is reemployed, their sick leave balance may be reinstated.
   2. Vacation: Vacation shall be accrued in a manner consistent with School Board Policy. Employee will no longer accrue vacation once they have reached the maximum accrual of 45 days or up to 360 hours for an employee with an 8-hour work day.
      

      Continuous District Service	Accrual (days per month)	Accrual (days per year)
      Less than Five (5) Years	1.00	12.00
      Five (5) to Nine (9) Years	1.25	15.00
      Ten (10) or More Years	1.50	18.00

3. Reports: The District may make additional reports and queries regarding leave available to immediate supervisors via PeopleSoft.
4. Rights and Responsibilities: The District has the right to review leave requests. The District has the right to approve or deny requests, based on disruption to the education environment or worksite. The District has the responsibility to provide notice to employees regarding available types of leave. The District has the responsibility to communicate with employees regarding absences and leaves. Immediate supervisors may consult with Human Resources regarding requests for absences of three (3) or more consecutive days or more, or ten (10) days in a twelve-month period.
5. Other Types of Leave:
   1. Association Duty: Association Duty includes absences due to union business, including but not limited: bargaining related committees, ratification voting, election of building representatives and Association officers, and other concerted activities. Association duty must be requested by the President of the Association and the District will provide the Association with an invoice for reimbursement.
   2. Educational: Employees may be granted up to five (5) days of Temporary Duty per semester for the purpose of participating in a degree seeking educational program.
   3. Extended Leave: Any leave of ten (10) or more consecutive days shall be considered extended leave and will be subject to review and approval by Human Resources. If approved in advance, extended leave may be with pay, provided accrued leave is available and appropriate to use. If approved in advance, extended leave in excess of accrued leave will be without pay. In accordance with School Board Policy, extended leave for thirty (3) consecutive days or more will be without pay and will require School Board approval.
      1. Request: Employees shall be able to submit extended leave requests to their immediate supervisor and Human Resources. Requests shall be made as far in advance as possible. Requests must be made as far in advance as possible. Requests must be made five (5) business days or more in advance of an absence. Business days shall be defined as days that the District offices are open for business. Supporting documentation is required at the time the request is made. Failure to provide supporting documentation may result in denial of leave or disciplinary action up to an including termination.
      2. Rationale or Reason: Employees may request an extended leave for the following:
         1. Family Obligation: Employees may request an extended leave to tend to a family obligation. Requests for more than thirty (30) days require Board approval.
         2. Parental Leave: Employees may request an extended leave for maternity, paternity, or adoption. Requests for more than thirty (30) days require Board approval.
         3. Medical: Employees may request an extended leave for absences due to illness, injury, accident, disability, or other medical condition.
      3. Approval or Denial: Employees will be notified of the status of their leave request within five (5) business days. Human Resources shall enter approval or denial to an employee’s request for extended leave into PeopleSoft. Human Resources will make reasonable efforts to ensure an approval or denial is provided to the employee and their immediate supervisor prior to the date for which leave is requested.
      4. Return: Employees approved for extended leave for an entire school year or the remainder of the current school year must notify Human Resources in writing of their intent to return to duty the following school year prior to April 1.
      5. Restoration: Employees returning to duty following an extended leave will be returned to a comparable position within the District. Factors to be considered when determining what positions are comparable include: compensation, benefits, working conditions, assigned duties, geographic location of worksite and its proximity to the employee’s home.
   4. Military: In accordance with the Uniformed Services Employment and Reemployment Act (USERRA) and Florida Statute 115.09, employees may request extended leave to attend to military duties. Military leave shall be granted in accordance with applicable state and federal law. Nothing herein shall be construed to expand any military leave privileges beyond applicable state and federal law.
   5. Sabbatical: In accordance with Florida Statute 1012.64, employees may be eligible for sabbatical leave for a period not to exceed one (1) year to pursue professional certification or licensure in an area with an identified critical shortage of employees, as designated by the Superintendent.
   6. Family Medical Leave Act (FMLA): In accordance with the Family Medical Leave Act (FMLA), eligible employees may take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage for the employee only under the same terms and conditions as if the employee had not taken leave.
      1. Eligibility: Eligible employees are entitled to concurrent use of their accrued sick and vacation leave during an FMLA covered absence. Eligible employees are entitled to twelve (12) work weeks of leave in a rolling twelve-month period for:
         1. Birth: The birth of a child and to care for the newborn child within one year of birth.
         2. Adoption: The placement of a child with the employee for adoption or foster care and to care for the newly placed child within one year of placement.
         3. Caregiver: The care of the employee’s spouse, child, or parent who has a serious health condition.
         4. Medical (Self): The employee to seek medical treatment, if a serious health condition makes the employee unable to perform the essential functions of their job.
         5. Caregiver (Military): The employee to respond to any qualifying exigency arising out of the fact that the employee’s son, daughter, or parent is a covered military member on “covered active duty.”
         6. Caregiver (Military – Family): The employee to take twenty33 six (26) workweeks of leave during a single 12-month period in order to care for a covered servicemember with a serious injury or illness, if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin.
   7. Domestic Violence or Sexual Violence: In accordance with Florida Statute 741.313, employees are entitled to leave for three (3) working days in a twelve (12) month period, if the employee or a family or household member is the victim of domestic violence or sexual violence. Existing Sick Leave shall be used for Domestic Violence or Sexual Violence leave. In the event the employee does not have accrued Sick Leave available, the Domestic Violence or Sexual Violence leave shall be leave without pay without any penalty to the employee.
      1. Eligibility: In order to be eligible, an employee must have a minimum of three (3) months of employment with District information relating to leave for victims of domestic violence or sexual violence must be kept confidential and is not subject to inspection by the public. Eligible employees may use leave for the following reasons:
         1. Injunction: To seek an injunction for protection against domestic violence or an injunction for protection in cases of repeat violence, dating violence, or sexual violence.
         2. Medical Care: To obtain medical care or mental health counseling, or both, for the employee or a family or household member to address physical or psychological injuries resulting from the act of domestic violence or sexual violence.
         3. Victim Services: To obtain services from a victim services organization, including, but not limited to, a domestic violence shelter or program or a rape crisis center as a result of the act of domestic violence or sexual violence.
         4. Housing: To make the employee’s home secure from the perpetrator of the domestic violence or sexual violence or to seek new housing to escape the perpetrator.
         5. Legal: To seek legal assistance in addressing issues arising from the act of domestic violence or sexual violence or to attend and prepare for court-related proceedings arising from the act of domestic violence or sexual violence.
      2. Threat Assessment: An employee’s request for domestic violence sexual violence leave will result in a threat assessment by the District Threat Assessment Team.
   8. Compassionate Leave: Employees are entitled to leave for ten (10) working days in a twelve-month period, if the employee or a family or household member experiences a miscarriage, ectopic pregnancy, or molar pregnancy. An employee’s request for privacy should be respected and employees have a right to keep this information confidential. Immediate supervisors may not request supporting documentation in situations where an employee requests compassionate leave. Existing Sick Leave shall be used for Compassionate Leave. In the event the employee does not have accrued Sick Leave available, the Compassionate Leave shall be leave without pay, without any penalty to the employee.
   9. Worker’s Compensation: In accordance with Florida Statute 1012.63, 1012.69 and Chapter 440, employees may request leave for illness in the line of duty or injury in the line of duty (ILD). No more than ten (10) days in a fiscal year regardless of the number of illnesses or injuries and no more than ten (10) days for any single illness or injury. Employees do not accrue ILD. The District can change sick leave to ILD if a claim for Worker’s Compensation (WC) is filed and determined to be compensable. Supporting documentation is required in order to be eligible for ILD. The District reserves the right to request medical examination by a licensed health care provider approved by the Board.
      1. Childhood Illness: Illnesses normally known as childhood diseases that are not normal adult illnesses are covered by WC. For example, mumps, measles, and chicken pox are covered, however, influenza and common colds are not.
6. Shared Sick Leave (Family Member): In accordance with Florida Statute 1012.61(e), employees may donate sick leave to their spouse, child, parent, or sibling who is also a district employee. Shared sick leave may not be included in terminal pay. Requests to share sick leave must be made to Payroll prior to the recipient absences for which they will apply. In order to be eligible to receive shared sick leave, the recipient must provide supporting documentation. Shared sick leave may not be used for personal leave. Employees do not accrue sick leave while using shared sick leave. Employees may not donate advance accruals. School Board Policy allows employees to share no more than twenty (20) days of shared sick leave at a time.
7. Terminal Pay: In accordance with Florida Statute and School Board Policy, employees are eligible for terminal payment of sick leave and vacation, if they have ten (10) years of services in a Florida Retirement System (FRS) eligible position. Terminal payment of sick leave and vacation may be made to the employee’s designated beneficiary or the employee’s estate, upon the death of a current employee. Payment amounts are based upon creditable years of service. Employees are not eligible for terminal pay if their termination is disciplinary in nature or if they resign during the pendency of an investigation into allegations of misconduct.
   1. Sick Leave: Terminal payment of sick leave shall be issued in a manner consistent with Florida Statute 1012.61 and School Board Policy. Issuance of terminal payment shall result in a leave balance of zero. Employees who end their employment with the District prior to earning a standard accrual to replace the advanced accrual are not entitled to terminal payment of days that have not been earned and will forfeit any unearned advanced accruals. The amount of terminal pay shall be computed as follows:
      1. One to Three District Years: during the years of service one through three (1-3) in the District, thirty-five (35) percent of the hours of accumulated sick leave shall be multiplied times the base rate of pay.
      2. Four to Six District Years: during the years of service four through six (4-6) in the District, forty (40) percent of the hours of accumulated sick leave shall be multiplied times the base rate of pay.
      3. Seven to Nine District Years: during the years of service seven through nine (7-9) in the District, forty-five (45) percent of the hours of accumulated sick leave shall be multiplied times the base rate of pay.
      4. Ten to Twelve District Years: during the years of service ten through twelve (10-12) in the District, fifty (50) percent of the hours of accumulated sick leave shall be multiplied times the base rate of pay.
      5. Thirteen or More District Years: during and after the thirteenth (13th) year of service in the District, one hundred (100) percent of the hours of accumulated sick leave shall be multiplied times the base rate of pay.
   2. Vacation: Terminal payment of vacation shall be issued in a manner consistent with Florida Statute 1012.65 and School Board Policy. Issuance of terminal payment shall result in a vacation balance of zero.
8. Sick Leave Pool: Florida Statute 1012.61(3) allows for employees to pool sick leave provided certain statutory requirements are met, including maintenance of reliable and accurate records by the District showing the amount of sick leave accumulated by employees that is not used. The parties agree to study the feasibility, scope, and impact of reopening sick leave pool. The District will bring a recommendation for consideration in FY25 (2024-2025 school year).
9. Insurance Coverage: The insurance coverage of any employee whose request for leave is approved terminates on the first scheduled pay day that the employee does not receive a paycheck, except as otherwise provided by law or this agreement. To continue insurance coverage during leave, the employee must remit all premiums due thereafter when permitted.
10. Outside Employment: In accordance with School Board Policy, outside employment may not conflict with the terms and conditions of an approved leave, including extended leave. Immediate supervisors must report conflicts to Professional Standards for review and may rescind approval of leave if a conflict exists. Conflicts may result in disciplinary action up to and including termination. Outside employment may be allowed for the following types of leave only: association duty, military and professional development.