4151.1 Regulation

 Diocesan Board of Education
Diocese of
Belleville

Regulation 4151.1

PERSONNEL

Personal Illness/Personal Leave

Instructional Employees - School and Parish

Bereavement Leave

Bereavement leave with pay, granted by the principal for teachers and the pastor for DRE's and CRE's, may be allowed for death in the family. Ordinarily, this leave will not exceed five (5) days. Leave may be allowed for death of a more distant member with pay, granted by the principal for teachers and the pastor for DRE's and CRE's. This will not exceed one (1) day.

The term "family member" is defined as: member of the employee's immediate family (spouse, child, mother, father, brother, sister, grandparents, in-laws in kind, employee's guardian (if applicable).

Time off may be granted to any employee by the principal/pastor for the purpose of attending a funeral of someone other than a family member.  Time granted to attend such a funeral will normally be charged to personal leave.

Personal Days

Principals, teachers, DRE's, and CRE's may earn two (2) days personal leave after one year of employment. The days shall not accumulate from one year to another. The personal day for a teacher must be approved by the principal with 48 hours prior notification.  For principals, DRE's and CRE's must be approved by the pastor. Personal days may not immediately precede or follow holidays or holydays. Only one (1) teacher per school may utilize a personal day on a given day. Unused personal days shall not be paid for at the end of an academic year for those in the school system, or calendar year for parish employees. Unused personal days may be transferred to accumulated sick days at the end of a school year. The total accumulation of 120 days remains in effect.

Leaving School Premises During School Day

A teacher shall notify the principal or his/her designee, and receive permission, to leave school premises during the school day.

 Jury Duty and Court Summons by Subpoena

An employee who is selected to serve on a grand jury, petit jury, or are required to respond to a subpoena shall receive his/her full salary at the regular base rate of pay for the first fifteen (15) working days during which he/she is absent from work due to jury duty. Should additional time off be required, the employee will be paid the difference between what he/she receives for serving on the jury and his/her regular pay.  Employees receiving full salary while on jury duty shall refund any fees paid to them for such jury duty or court subpoena. In order to receive pay under provisions of this policy, the employee must present to their princi- pal/administrator a copy of the official notification of juror selection and a statement from the court of the amount of daily compensation received. In addition, if the employee is excused from jury duty prior to 12:00 p.m. (noon), he/she will be expected to report to work that day.

Unpaid Leave

The school/parish Family and Medical Leave Act policy provides for unpaid leave in certain circumstances not covered by the school/parish personal illness policy. Additional unpaid leave for situations not covered by the Family and Medical Leave Act may also be available to teachers, at the discretion of the principal. The pastor will make the determination for principals and catechetical leaders. However, the total leave available will not exceed six (6) months. After six (6) months, re-employment will be considered on an individual basis and at the sole discretion of the principal for teachers, and the pastor for principal and catechetical leader.

All insurance coverage provided by the Diocese terminates no later than three (3) months from the date of termination of employment. Terminated employees will be notified of their eligibility to continue their health insurance coverage at the employee’s expense.

Absences Not Covered Above

An employee absence that is not covered by paid leave addressed above shall not be paid for time that is not worked. Employees who work only during an academic school year (9-10 months) shall be assessed at 1/195th of their salary for each day that is not worked. Payments to teachers for the difference in substitute pay shall not be allowed.

Family and Medical Leave

In response to the Family and Medical Leave Act of 1993 ("FMLA"), the following regulation has been developed to advise employees of their entitlements and obligations with respect to a leave taken under the FMLA, and the requirements which apply to FMLA leave. This regulation should answer many of the basic questions employees may have about the Family and Medical Leave Act, about how employee leave requests will be handled, and about how benefits and other policies relating to time off are affected. Employees are encouraged to direct any questions regarding leave to the principal/administrator.

FMLA Leave

Employees may be eligible for unpaid medical and family leave for up to a total of 12 weeks leave in a 12 month period for any one or more of the following reasons:

  1. The birth of the employee's child and/or to care for the child during the first12 months after childbirth;
  2. The placement of a child with the employee for adoption or foster care.
  3. To provide medically necessary care for an employee's spouse, parent, or child who has a serious health condition;
  4. An employee has a serious health condition which makes the employee unable to perform the function of the jobs.

To be eligible for FMLA leave, the law requires that an employee worked at least 1,250 hours for the school or parish during the 12 months before the leave starts, and has worked for the school or parish for at least one year.

Leave will be available only to the extent that an employee has not used more than 12 weeks of FMLA leave during the 12 months preceding the date the requested leave would start.   In addition, leave taken for childbirth, newborn care, or adoption or foster care placement must be taken in consecutive weeks within 12 months after the birth or placement, as the case may be. Spouses who are both working for the school or parish may only take a combined total of 12 weeks for childbirth, newborn care, or placement of a child.

FMLA leave will be unpaid except to the extent an employee has any unused personal days, sick days, or other paid time off.  All unused applicable sick days, personal days, and other applicable paid time off will be applied towards your FMLA leave, and the paid time so used will count towards the 12 weeks of FMLA leave. This means an employee cannot save paid time off for a later date.  When an employee has exhausted accumulated paid time off, the remaining time off taken under this policy will be unpaid. FMLA leave which is unpaid will not count as hours worked for purposes of retirement, sick days, medical leave, or other employment benefits.

Requests for additional unpaid time off will be handled on a case-by-case basis as in the past. Eligibility for paid medical leave also will continue to be determined under the terms of existing policy.

Notice and Scheduling

FMLA leave must be requested. All requests should be submitted in writing to the principal/administrator and should explain the reasons for the leave.  In appropriate cases, FMLA leave will be designated as FMLA qualifying, even if not so designated by the person making the request.

If the need for leave is foreseeable, an employee must give the school or parish at least 30 days' advance notice. If the need for leave is not foreseeable, or in case of an emergency, notice should be given as soon as practicable. Failure to provide the required notice may result in leave being delayed.

Intermittent or reduced schedule leave may be taken for the serious health condition of yourself or for the medically necessary care of a spouse, parent, or child with a serious health condition. Intermittent or reduced schedule leave will be calculated on an hourly basis. Information necessary to substantiate the anticipated

treatment schedule and the reasons and necessity for the treatment schedule must be provided. If intermittent or reduced leave is scheduled, you may be temporarily transferred to a position better suited to your schedule. This position will have equivalent pay and benefits.

Eligible individuals employed in an instructional capacity who request leave on an intermittent or reduced schedule basis may have certain conditions placed on such a leave. In a case where the person would be on leave more than 20% of the total working days over the leave period, the person may be required to transfer temporarily to a position, with equivalent pay and benefits, which better accommodates the leave request or take leave for a period or periods of particular length during the period of planned treatment.

In certain situations, the school or parish will have the right to extend the FMLA leave of a person employed in an instructional capacity to the end of the school term.  The first situation is where the person begins leave more than 5 weeks before the school term ends, the leave will last 3 weeks or more, and the person would otherwise return from leave in the 3 weeks before the school term ends.  The second situation is where the person takes an FMLA leave (other than due to her or his own serious health condition) during the 5 weeks before the school term ends, the leave will last more than 2 weeks, and the person would otherwise return during the last two weeks of the term. The third situation is where the person takes an FMLA leave (other than due to her or his own serious health condition) in the last 3 weeks of the school term and the leave will last more than 5 working days.

If an employee is requesting leave (including intermittent schedule and reduced schedule leave) for planned medical treatments, the employee must make a reasonable effort, subject to the approval of the employee's health care provider, to schedule treatments so that they are not unduly disruptive to the school or parish.

Reports

Employees will be required to provide appropriate medical certification in cases where a requested leave involves a serious health condition. This certification usually must be provided to the principal/administrator within 15 calendar days of the request for leave. Medical certification forms will be provided for this purpose.

A second opinion may be required at the school's or parish's expense; and if there is a conflict between the two opinions, a third opinion (also paid for by the school or parish) is binding. The school or parish may require recertification on a reasonable basis but usually not more than every 30 days.

While on FMLA leave an employee may continue to participate in the health insurance plan.  However, depending on the employee's existing insurance coverage, during any unpaid FMLA leave, to continue coverage the employee may be required to make arrangements in advance to pay premiums for insurance coverage for that period. Failure to pay those premiums will result in loss of coverage. This issue should be discussed with the principal/administrator before starting FMLA leave.

While on FMLA leave, the employee must keep the principal/administrator informed of his/her status and intent to return to work as, and when, requested. The school or parish also has the right to verify and validate the reason given to obtain a leave.

Return from Leave

To return from leave, an employee will be required to provide appropriate medical certification of his/her ability to return to work. At least one week's notice of intent to return to work from a leave must be given.

Upon return, the employee will be reinstated to the same or an equivalent position with the same pay, benefits, and employment terms and conditions the employee had when he/she left.  An employee will not accrue seniority, sick days, personal days, or other employment benefits, or receive holiday pay, while on leave. With respect to pension or retirement plans, the employee's leave period will be treated as continued service, i.e., no break in service. Class assignments may change as a result of the leave due to the needs of the school or parish in the interim.

An exception to equivalent restoration may be made for key, salaried employees.  The employee will be notified at the time of the leave request of his/her status as a key employee.

Failure to return to work at the end of a leave will be considered a voluntary resignation. In addition, if the employee accepts or performs any other employment in violation of school or parish policy while on leave, the employee will be considered to have voluntarily resigned.

Failure to provide any of the certifications required may result in denial of leave or of reinstatement privileges. Failure to follow any of the procedures in this policy may delay the employee's return to work.

Approved:  April 4, 2011

Office of Education
Diocese of Belleville

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