HR Policy 8.11

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Subject: LEAVES OF ABSENCE WITHOUT PAY:
NON-MEDICAL AND MEDICAL
Source(s): See Guidelines to Section 8; Wisconsin Family and Medical Leave Act

I. Non-Medical Leaves Without Pay

A. Personal (short-term) Leaves

Administrators and teachers may take up to five unpaid personal leave days per contract period for any purpose, with the following conditions:

1. The purpose of the unpaid leave must be something that cannot be handled outside the contract day, and the absence must be in at least a half-day increment.

2. The employee must notify and receive prior approval from his/her supervisor prior to such absence (teachers must request approval three days in advance of the absence).

3. Teachers and school administrators cannot take unpaid personal leave during the first or last two weeks of any semester, unless approved by the Superintendent.

The employees in the following listed categories may take a leave of absence without pay for a period of up to 10 working days, with the approval of the employee's immediate supervisor. If the employee is in a position that includes a probationary period, s/he must first satisfactorily complete the probation.

Food service employees
Custodial/maintenance employees
Clerical/technical employees
Trade employees
Support staff not represented by a bargaining unit

B. Long-Term Non-Medical Leaves Without Pay

Teachers and Educational Assistants

Teachers and educational assistants may be granted long-term, unpaid leaves if the probationary period has been completed; the reason for the leave is verified by the Department of Human Resources; and, unless otherwise mutually agreed to, the leave request extends through the remainder of the school year.

The exception is that teachers may request single-semester leaves for academic or child rearing purposes. If requesting academic or child rearing leaves for the second semester, they must file their requests by December 1.

No leaves beyond one year will be granted to educational assistants for any reason; for teachers, career exploration leaves may not extend beyond one year, but approved leaves for other reasons (e.g., child rearing, adoption, academic purposes) may extend to a maximum of two years.

Employees in the following listed categories may be granted leaves of more than 10 working days and up to a maximum of six months by their supervisor if they are permanent employees. When employees who take a leave of up to six months return to work, they shall resume their former position.

Food service employees
Custodial/maintenance employees
Clerical/technical employees
Trade Employees
Support staff not represented by a bargaining unit

Under extenuating circumstances additional, consecutive six-month leaves of absence may be granted by the employer, but such employees will not be guaranteed their former position upon returning from leave. Other conditions, concerning their classification, rate of pay, and eligibility for a comparable vacant position, are dependent upon the conditions of their respective collective bargaining agreements.

Clerical/technical employees' leaves cannot be extended beyond 12 months.

Substitute Teachers

Substitute teachers who have been in the substitute pool for at least the equivalent of one semester may be granted a leave without pay for up to the equivalent of one school year. The request must be received at least five days before the commencement of the requested leave.

II. Medical Leaves Without Pay

Any employee who is ill after s/he has used up all allotted and/or accumulated personal illness days and, in the case of teachers, all Sick Leave Bank days, but who has not yet been ill for 55 work days or 75 calendar days, whichever occurs first, will be on medical leave without pay.

Once an employee is off work due to illness or injury for 55 work days or 75 calendar days, whichever occurs first, the employee will continue on leave without pay but will qualify for Long-Term Disability benefits that can equal up to 80% of the employee's monthly earnings. For further details, contact the Benefits division of the Department of Human Resources.

III. Administrator’s Medical Leave

A. A medical leave of absence shall be granted to an Administrator provided they complete a leave of absence request and support that request with medical certification from their physician in order to:

1. Be paid via their Personal Sick Leave Account while medically disabled.

2. Retain the right to be returned to the position formerly held at the time the leave was requested for up to two (2) years.

3. Be eligible for State and/or Federal Family Medical Leave Acts (FMLA).

4. Be eligible for continuing health insurance coverage through FMLA or thirty-three (33) month District paid policy. (See E below)

B. Administrators on a medical leave of absence must have their physician complete a Return-To-Work form before they can resume working.

C. The Board shall continue to pay insurance premiums for Administrators who continue on paid status through their personal sick leave account until the Administrator is eligible for Long-Term Disability (LTD) benefits.

D. Administrators who remain on medical leave of absence for a period which exceeds two (2) years shall be terminated from active employment with the District. This termination will not affect the health insurance in "E" below or continuation of health insurance outlined in "F" below if the administrator conforms to the requirements outlined in those sections. After two (2) years Administrators shall retain the right, if medically able, to return to a vacant administrative position for which they are qualified.

E. Administrators on a medical leave of absence shall be eligible for a thirty-three (33) month waiver of premium benefit upon becoming eligible for Long Term Disability benefits or upon expiration of accumulated sick leave whichever occurs earlier.

F. Administrators who remain on medical leave of absence after the thirty-three (33) month period reference in E above, have the right to remain on the District's active health plan under the following conditions:

1. The Administrator is eligible for and receiving LTD benefits.

2. The Administrator assumes the cost of the medical insurance premiums and these premiums are received by the District on a timely basis. The Administrator has the right to access their existing Retirement Insurance Account (RIA) to pay for these premiums.

3. Coverage under the active health plan will terminate if one of the following occurs:

a) The Administrator turns 65. The Administrator is not considered disabled, and does not return to work.

c) The Administrator becomes covered by another health insurance policy, including Medicare.

December 15, 1998

Provisions of the Wisconsin Family and Medical Leave Act apply to all District employees who have worked for the District for more than 52 consecutive weeks and for at least 1,000 hours during the preceding 52-week period. Call the Benefits Department for details, or consult your union representative.

 



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