7J. Staff Sick Leave
The Board recognizes that there may be times when an employee is unable to fulfill the duties of his/her position due to illness. Therefore, paid sick leave is provided for full time employees in accordance with this policy.
Paid sick leave may be accumulated up to 90 days at the rate of 12 days per year. Sick leave may be taken for personal illness, personal medical appointments or for the necessary care and attendance of a member of the employee's immediate family.
For sick leave purposes, the term "immediate family" shall be defined as spouse, partner in a civil union, children and parents. Exceptions may be made by the executive director.
Employees do not cash out unused sick leave upon termination of employment. Sick leave is income protection for active employees.
An employee who is eligible for retirement in accordance with the Public Employees Retirement Association shall be paid $100.00 for each accrued sick day not taken.
Evidence of illness may be required for approval of sick leave pay.
Sick leave shall not apply during vacation leave, paid holidays or leaves of absence.
LEGAL REF.: C.R.S. 14-15-101 et seq. (Colorado Civil Union Act)
CROSS REF.: GBGF, Federally-Mandated Family and Medical Leave
Staff Medical Leave
The Board of Education shall provide a plan for leaves and absences designed to help members of the staff maintain their physical health, take care of family and other personal emergencies.
Such leaves and absences shall be granted per Board policies pertaining to specific types of leaves. A completed leave of absence form may be required for leaves less than five (5) consecutive work days in duration, but in all cases will be required for leaves of five (5) or more days in duration. The leave provisions in this policy shall apply to all full time employees, allowing up to a total of twelve (12) work weeks of leave in a twelve (12) month period. Leave may be taken when the employee is needed to care for a child, spouse, or parent who has a serious health condition; when the employee is unable to perform the functions of his/her position because of a serious health condition; any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty”; or twenty-six workweeks of leave during a single twelve (12) month period to care for a covered service member with a serious injury or illness incurred or aggravated in the line of duty on active duty if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin. Entitlement for childcare leave shall end after the child reaches age one (1) or twelve (12) months after adoption or foster placement. Leave to care for a child shall include leave for a step-parent or person in loco parentis. If medically necessary for a serious health condition of the employee or the employee’s spouse, child, or parent, leave may be taken on an intermittent or reduced leave schedule subject to certain conditions which pertain to instructional employees. The District may require the employee to transfer temporarily to an alternative position, which better accommodates recurring periods of absence or a part-time schedule provided that the position has equivalent pay and benefits. The BOCES shall maintain coverage under any group health insurance plan for any employee who is granted an approved leave of absence under this policy for the duration of the leave (up to twelve (12) weeks). Such coverage shall be maintained at the same level and under the same conditions as coverage that would have been provided if the employee was not on leave. If the employee is eligible to request a leave extension and needs to take leave time in excess of the twelve (12) weeks leave, all insurance benefits will terminate at the end of the twelve (12) week leave period. The employee will be given the right to continue their insurance coverage, at their cost, under the Consolidated Omnibus Budget Reconciliation Act (COBRA). If the employee returns to their position, they will be eligible to re-enroll in the BOCES health plan at that time. The BOCES reserves the right to seek reimbursement for this benefit at the time it is given, as allowed by law. Reinstatement shall be determined in accordance with any applicable Board policies. If the employee on leave is a salaried employee and is among the highest
paid 10 percent of BOCES employees and keeping the job open for the employee would result in substantial economic injury to the BOCES, the employee may be denied reinstatement provided the BOCES notifies the employee of its intent to deny reinstatement at the time economic hardship occurs and the employee elects not to return to work after receiving the notice.
Pursuant to the employee’s request, medically necessary sick leave for maternity purposes shall be available to any female employee who becomes pregnant. The leave will be allowed during such period of the pregnancy and a reasonable time immediately following termination of the pregnancy as is medically necessary to safeguard the health of the mother and/or child.
1. Determination of Necessity
The determination and designation of the period of time during which maternity leave is necessary, including the beginning, duration and end of the period, shall be made by the BOCES. Such determination shall be based on information provided by the employee, the employee's physician, the executive director and if deemed necessary, by a physician designated by the BOCES.
An employee who has taken leave in accordance with this policy shall be assured reinstatement following the end of the period of time during which leave is necessary.
An employee who becomes pregnant shall be encouraged to notify the executive director or designee regarding the pregnancy well in advance of the expected leave so that the BOCES may make appropriate staffing decisions. When an employee is no longer pregnant, she shall notify the executive director or designee of this fact.
An employee on maternity leave for medical necessity as determined by the employee's or the BOCES’s physician shall receive pay, insurance and other benefits to the same extent and on the same basis as sick leave used for other purposes. Any additional leave granted by the BOCES for maternity purposes beyond that which is medically necessary shall be without pay or other benefits unless the provisions of the federally-mandated family leave act apply.
The provisions of this section shall apply only after an eligible employee has used any applicable federally-mandated family leave. Any days taken for family leave will be deducted from the total leave period allowed under this policy.
Parental leave of absence without salary and fringe benefits may be granted to staff members for the purpose of child rearing, child care or adoption. Parental leave may be granted for a period of time not to exceed twelve weeks for each employee. The
leave need not be taken all at once, but must be taken in increments which coincide with the planning needs of the BOCES.
In determining whether to grant the leave request, the BOCES will consider any special needs of the child, the staffing needs of the BOCES and any other relevant factors. The BOCES will grant parental leave without regard to the sex of the employee.
The request for leave will be made to the executive director. If the parental leave request is refused by the executive director, the staff member may appeal to the Board.
If the leave period is for an entire school year, notice of intent to return from leave must be given to the BOCES before April 1 preceding the school year the employee wishes to return to work. If the leave is for a period less than an entire school year, notice of intent to return shall be given at least three months prior to the date the employee wishes to return to work.
As long as proper notice has been given of the employee's intent to return to work, the BOCES shall reinstate the employee. A teacher being reinstated shall be placed in a teaching position as nearly identical as possible to the position left at the commencement of the leave. In no event shall a teacher be placed in a position for which he or she is not qualified or licensed.
The employee on parental leave may be permitted to substitute at the BOCES-approved substitute rate of pay.
Nothing in this policy shall be construed to limit the powers or duties of the Board or administration to make employment decisions for the BOCES.
LEGAL REFS.: 29 U.S.C. 2601 et seq. (Family and Medical Leave Act of 1993)
42 U.S.C. §2000e-2 (Title VII of the Civil Rights Act of 1964)
C.R.S. 19-5-211 (adoption statute)
C.R.S. 24-34-402.3 (discrimination based on pregnancy, childbirth or related conditions)
CROSS REFS.: AC, Nondiscrimination/Equal Opportunity
GBA, Open Hiring/Equal Employment Opportunity