The Wilkes County Board of Education believes that it is important for employees to have leave available to attend to personal, civic and professional matters as well as to meet family commitments. This need for leave will be balanced with providing an effective instructional program for students. No employee will be discharged, demoted or otherwise subjected to adverse employment action for taking leave in accordance with Board of Education policies and administrative procedures.
The purpose of child involvement leave is to promote employees’ involvement in the education of youth and to promote employees’ assistance to schools.
All requests for leave, with or without pay, will be addressed in accordance with state and federal law, as well as policies promulgated by the State Board of Education, reference policy 7505 (Compliance with State Board of Education Employment Policies). In addition to applicable laws and regulations, the following policies of the Board of Education will apply to leave requests. The superintendent will develop administrative procedures and make them available to any employee on request.
A. MINIMUM LEAVE TIME
An employee may take any leave in increments of half days, upon approval by the supervisor.
B. CONTINUOUS LEAVE OF MORE THAN TEN DAYS
An employee must comply with the notice and verification requirements as provided in Board of Education policy 7520 for continuous leave of more than 10 days if: the leave also is eligible for leave under the Family and Medical Leave Act (FMLA), defined in Board of Education policy 7520, and the leave is designated as FMLA-eligible at the time leave is taken or as soon as feasible thereafter.
C. SICK LEAVE
The superintendent or designee may require a statement from a medical doctor or other acceptable proof that the employee was unable to work due to illness. Employees who anticipate using sick leave for a period of time must inform the principal or immediate supervisor in advance, so that continuity of duties may be maintained.
Sick leave may be used on any workday or student day including the first day employees in permanent positions report to work. An employee, who is not eligible to earn leave, cannot use previously accumulated leave. From the date an employee resigns or moves to a temporary position, the sick leave balance is retained for 60 or 63 months. (In order to have 63 months, the individual must have separated under a 10 months contract and returned to employment under a 10 months contract.) A former employee must be credited with all sick leave accumulated up to the time of separation from an LEA provided the employee is reinstated as a permanent employee within 60 or 63 calendar months from the date of separation.
D. PERSONAL LEAVE
Teachers have two days of personal leave per year, cumulative to a maximum of five days, which may be requested by application in accordance with the policies of the State Board of Education. A teacher shall not take personal leave on the first day the teacher is required to report for the school year, on a required teacher workday, on days scheduled for State testing, or on the day before or the day after a holiday or scheduled vacation day, unless the request is approved by the principal.
A teacher making the request cannot be required to provide a reason for the request if the request is make at least five days in advance.
Teachers using personal leave receive full salary less the required substitute deduction, except for teachers using personal leave on non-protected teacher workdays. Teachers using personal leave on non-protected teacher workdays shall receive full salary.
E. VACATION LEAVE
The superintendent or designee will have the authority to approve the vacation schedules of all personnel. To promote the efficient operation of the schools, the superintendent may designate certain periods during the nonacademic year as preferred vacation periods for twelve-month employees. Vacation which is earned by 12-month teachers during the two months of "extended employment" will be taken only upon authorization of the employee's immediate supervisor and under procedures established by the superintendent. Vacation which is earned by teachers or other 10- month employees during the 10-month school-year employment will be taken as outlined in the school-year calendar.
Vacation may be accumulated with a maximum of 30 days being carried forward to July 1 of any calendar year.
An employee may have unused vacation from another school district in North Carolina transferred to this school district as long as the employee remains in a permanent, full-time position.
Instructional personnel, teacher assistants, media coordinators and bus driver who require substitutes may not take earned vacation on days during which school is in session for students unless the employee's absence is due to a catastrophic illness or leave for new parents and the employee has exhausted all of his or her sick leave. In such instances, the employee will not be required to pay the substitute.
Leave will not be granted immediately before or immediately following days when students are out of school. Leave will not be granted on mandatory staff development days. An exception to these restrictions may be made when an employee is absent due to a catastrophic illness and the employee has exhausted all of his or her sick leave.
The superintendent will establish procedures for reviewing requests for the use of vacation leave for catastrophic illness by instructional personnel and bus drivers.
F. CHILD-SCHOOL INVOLVEMENT LEAVE
All employees may take up to four hours of paid leave per year to attend or otherwise be involved in the school of a child for whom the employee is a parent, guardian or person standing in loco parentis. This leave should be taken in hourly increments. In the event a substitute is required, the cost of the substitute will be deducted from the employee’s salary.
Employees may take leave under this policy to:
1. Meet with a teacher or administrator of any elementary school, middle school, high school, or child care program authorized to operate under the laws of the State of North Carolina concerning the employee’s children, stepchildren, or children for whom the employee is acting in loco parentis.
2. Attend any function sponsored by the school or child care program as defined above in which the children, stepchildren, or children for whom the employee is acting in loco parentis are participating.
3. To perform, by any employee without regard to parental status, school-approved volunteer work approved by a teacher, school administrator, or program administrator.
Employees must receive approval from their immediate supervisor to use this leave.
G. COMPENSATORY LEAVE
Since professional employees are expected to fulfill all job duties, compensatory leave should only apply to extraordinary circumstances.
Employees who are not exempt from the provisions of the Fair Labor Standards Act may accrue compensatory time (comp time) at a rate of 1.5 hours for every 1 hour worked in lieu of receiving overtime pay for hours worked beyond 40 in a given work week. Supervisors will make every effort to avoid circumstances which require non-exempt employees to work more than 40 hours. Supervisors will arrange for employees to take comp time within one pay period following the time it is earned if possible. The superintendent or designee may exempt certain employees or categories of employees from this comp time provision when deemed necessary for the proper administration of the school district.
All employees must obtain approval from their immediate supervisors before taking compensatory leave.
H. LEAVE OF ABSENCE WITHOUT PAY
An employee may be granted a leave of absence without pay for the following reasons and for a period of time up to one calendar year, renewable at the discretion of the superintendent with approval by the Board of Education:
Military leave (see also Board of Education policy 7530)
Personal illness
Family leave (see also Board of Education policy 7520)
Professional leave
Educational Leave
Other reasons at the discretion of the superintendent with the approval of the Board of Education.
An employee seeking leave is responsible for making necessary arrangements as provided in the administrative procedures. With the exception of emergencies, an employee who desires a leave of absence without pay will provide at least 60 days notice and will submit a request in writing to the Board of Education stating the beginning and ending dates of the desired leave of absence. Consultation with the principal or immediate supervisor is expected. The superintendent may request documentation in support of the request. In determining the length of absence approved without pay, with the exception of military and family leave, due and proper consideration will be given to the welfare of the students as well as the employee. The superintendent may require notice of intent to return to work at reasonable time intervals during the leave.
Once a leave of absence without pay has been requested and approved by the Board of Education, the dates are binding unless both parties agree to a change.
Other Board of Education policies related to leave are the following: Voluntary Shared Leave, 7540; Family and Medical Leave, 7520; Military Leave, 7530; and Absences Due to Inclement Weather, 7550.
I. EDUCATIONAL LEAVE
A certified employee may be granted an educational leave of absence without pay for a period of time up to one calendar year, at the discretion of the superintendent or his designee, and with approval by the Board of Education. At the end of the approved leave of absence, the employee must provide the Board of Education with proof of a minimum of twelve semester hours of coursework per year prior to returning to work.
Teacher assistants may be granted an educational leave of absence without pay for a period of one semester expressly for the purpose of completing student teaching requirements. Teacher assistants must submit their request in writing along with a recommendation from their principal. The leave of absence will be approved at the discretion of the superintendent or his designee. At the end of the approved leave of absence, the employee must provide the Board of Education with proof of student teaching prior to returning to work.
J. MILITARY LEAVE
An employee who has been notified of an impending order to active duty should provide a copy of the covered military member’s active duty orders or other documentation issued by the military.
When leave is taken as a caregiver for a covered service member with a serious injury or illness, an LEA may require an employee to obtain a certification completed by an authorized health care provider of the covered service member. A covered service member is a member or veteran of any branch of the military who sustained a serious injury or illness while on active duty. The Military Caregiver Leave could be up to a 12 month period which is measured forward from the date any employee’s family and medical leave begins.
Legal References: G.S. 95-28.3, 115C-12, -36, -47, -302(a)(1), -316, -336; 16 NCAC 6C.0401 - .0405
Cross References: Family and Medical Leave (policy 7520), Military Leave (policy 7530), Voluntary Shared Leave (policy 7540), Absences Due to Inclement Weather (policy 7550), Compliance with State Board of Education Employment Policies (policy 7505)
Adopted: January 9, 2006
Revised: August 1, 2011, June 1, 2015