404 Work Hours and Leaves of Absence

404.01 Work Day and Work Year

Code No. 404.1

WORK DAY AND WORK YEAR

The regular work year and hours of duty for all employees shall be determined by the Superintendent.

 

Date of Review:
August 12, 2019

Date of Revision:
April 14, 2003

 

 

 

Legal References:

20.9, 279.8, 279.l0, 279.11, 280.14, Code of Iowa; 281 I.A.C. 12.1(7-11)

 

 

543148

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.02 Holidays and Other Leave Days

Code No. 404.2

HOLIDAYS AND OTHER LEAVE DAYS

Twelve-Month Employees.  Employees, full-time and part-time, who are regularly contracted to work twelve (12) months per year shall be entitled to seven (7) paid holidays:

  • Independence Day
  • Nordic Fest Friday
  • Labor Day
  • Thanksgiving Day
  • Christmas Day
  • New Year's Day
  • Memorial Day

In addition, they shall be granted the following four (4) paid leave days:

  • The Friday after Thanksgiving Day
  • The Day before Christmas Day
  • Two other days scheduled by the Superintendent

In addition, the Superintendent, the Business Manager, the Board Secretary and the Administrative Assistant shall have the following days off with pay:

  • The Christmas and Spring recess periods granted to other licensed employees

Eleven-Month Employees.  Principals and associate principals who are regularly contracted to work eleven (11) months per year shall be entitled to five (5) paid holidays:

  • Labor Day
  • Thanksgiving Day
  • Christmas Day
  • New Year's Day
  • Memorial Day

In addition, they shall have the following days off with pay:

  • The Friday after Thanksgiving Day
  • The Christmas recess period granted to other licensed employees
  • President's Day
  • Spring recess period granted to other licensed employees
  • One other day scheduled by the Superintendent

Other Licensed Employees.  Other licensed employees shall be granted paid holidays in accordance with the collective bargaining agreement, if applicable, or as determined by the Superintendent.

 

Date of Review:
August 12, 2019

Date of Revision:
August 12, 2019

 

Legal References:

20.7. 279.8, Code of Iowa

00954781

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.03 Vacations

Code No. 404.3

VACATIONS

The Superintendent shall be entitled paid vacation per year as set forth in the Superintendent’s individual employment contract.  The Business Manager/Treasurer, Board Secretary/Human Resources Manager and Administrative Assistant shall be entitled to fifteen days of paid vacation per year.

Other employees, full-time and part-time, who are regularly contracted to work twelve months per year shall be entitled to paid vacation as follows:

  • 1st year of employment………………….……......… 5 days
  • 2nd through 10th years of employment…………….10 days
  • 11th through 15th years of employment……………15 days
  • 16th year of employment and thereafter……….…..20 days

Vacation days shall be calculated as of July 1 each year.  Vacation days shall be pro-rated if the employee commences or terminates employment during the contract year (July 1 – June 30).  However, if an employee commences employment after April 30, the employee shall be entitled to only 5 paid vacation days until the July 1 after completing a full year of employment.  Employees will be paid for earned, unused vacation time upon termination of employment.  If the employee has used more vacation days than the employee has earned, the final paycheck shall be reduced.

The Superintendent shall establish vacation schedules.  Vacation days must be taken in one-half or full day increments.  Vacation days may not be carried over to subsequent contract years.

Date of Review:
August 12, 2019

Date of Revision:
March 10, 2008

 

 

Legal References:

20.7, 279.8, Code of Iowa

 

565412

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.04 Personal Leaves of Absence

Code No. 404.4

PERSONAL LEAVES OF ABSENCE

Employees covered by a collective bargaining agreement shall receive personal leave days in accordance with the agreement, if applicable.  Other employees, not including temporary employees, shall be granted two (2) days of paid personal leave per year for any purpose at the discretion of the employee and with preapproval by their Supervisor.  Personal leave days must be taken in one-half or full day increments.  Employees may carry over up to three (3) unused days to the next year, accumulative up to a maximum of a total of five (5) days.

The administrator or supervisor may limit the number of employees taking personal leave at the same time and may establish rules for requesting leave.

Date of Last Review:
August 12, 2019

Date of Revision:
August 12, 2019

 

Legal References:

20.7, 20.9, 70A.1, 279.8, 280.14, 607A.45, Code of Iowa

 

00972197

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.05 Personal Illness and Family Illness Leaves of Absence

Code No. 404.5

PERSONAL ILLNESS AND FAMILY ILLNESS LEAVES OF ABSENCE

Employees, except temporary employees, will be granted paid leave of absence for personal illness or injury, according to the following schedule:

                                 1st year of employment…………………………..   10 days

                                 2nd year of employment…………………………..   11 days

                                 3rd year of employment…………………………..   12 days

                                 4th year of employment…………………………..   13 days

                                 5th year of employment…………………………..   14 days

                                 6th year of employment and thereafter…………...15 days

Licensed employees subject to a Collective Bargaining Agreement shall be granted personal illness or injury leave in accordance with the terms of that Agreement, if applicable.

Personal illness leave days will be prorated for employees who commence employment after the start of the regular contract year.  Unused personal illness leave days may accumulate to a maximum of 165 days.  The annual allotment of personal illness leave days will be granted each year only to the extent it does not increase the total number of personal illness leave days to more than 165 days.

If an employee uses two (2) or fewer personal illness leave days during a contract year, one (1) personal illness leave day provided during the next contract year may be designated by the employee as a "wellness day" and be available to the employee with the same conditions as personal leave during that contract year.  The wellness day does not accumulate, and no additional compensation is provided if the wellness day is not used during the school year in which it is provided.

An employee injured or disabled on the job may be eligible to receive a weekly benefit under the Iowa Workers' Compensation Law.  If an employee receives Workers' Compensation benefits, the employee's accumulated personal illness leave will be reduced proportionate to the amount the Worker's Compensation benefits is to the employee's regular salary.  At such time, the employee may also elect to have the Workers' Compensation benefits supplemented from the District by using personal illness leave, vacation leave, personal leave, and/or earned compensatory time.  If supplemental payments are elected, leave time will be reduced by one full day for each day of absence.  When all leave time is exhausted, supplemental payments will cease.

An employee who, in the course of employment, suffers a personal injury resulting from an episode of violence toward that employee for which Workers' Compensation is payable, shall be entitled to have Workers' Compensation benefits supplemented in order for the employee to receive full salary and benefits for the shortest of (a) one year from the date of the disability, or (b) the period during which the employee is disabled and incapable of employment.  Supplementation in such situations shall not be charged against personal illness leave, personal leave, vacation time, or earned compensatory time.

Evidence may be required to substantiate a claim for personal illness leave and the employee's ability to return to work.

Disabilities caused or contributed to by an employee’s pregnancy, childbirth, related medical conditions, and/or recovery therefrom will be considered temporary disabilities for purposes of personal illness leave.  Therefore, an employee may use personal illness leave for the period of time that the employee is disabled because of the employee’s pregnancy, childbirth, related medical conditions, and/or recovery therefrom.  In general, employees, except temporary employees, will be granted six (6) weeks of paid leave of absence after the birth of a child for personal illness or injury related to recovery from childbirth.  However, additional periods of personal illness leave may be granted if an employee provides medical certification verifying the employee’s continued disability because of childbirth.  Eligible employees may also use FMLA leave for pregnancy or the birth of a child in accordance with Board Policy 404.6 and applicable FMLA regulations.  Paid personal illness leave taken pursuant to this paragraph will be designated and counted as FMLA leave.  Where sufficient leave is not available because the employee has exhausted personal illness leave, FMLA leave, and any other applicable leave, the employee shall be granted an unpaid leave of absence for the period that the employee is disabled because of the employee’s pregnancy, childbirth, related medical conditions, and/or recovery therefrom, or for eight (8) weeks, whichever is less.

Employees, except temporary employees, will be granted up to five (5) paid family illness leave days per year, accumulative to a maximum of seven (7) days, in the event of an illness or injury of the employee's spouse, child, son-in-law, daughter-in-law, parent, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, grandchild, grandparent, or any other person regularly residing in the employee's household.  The employee may be granted additional family illness leave days in unusual situations with a deduction equivalent to the substitute rate of pay.  Family illness leave days may not be used in connection with the normal birth or delivery of a child, except when medically necessary in the case of a caesarian section or medical complications related to the delivery or birth.  Family illness leave days shall not accumulate from year to year unless otherwise stated in a Collective Bargaining Agreement.

 

Date of Last Review:
August 12, 2019

Date of Revision:
August 12, 2019                          

 

 

Legal References:

29 U.S.C. 2601 et. seq.; 29. C.F.R., Part 825; 20.7, 20.9, 85.2, 85.33, 85.34, 85.38, 216.6, 279.8, 279.40

Code of Iowa

00972200

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS 

 

404.06 Extended Disability Leaves of Absence/Family and Medical Leave

Code No. 404.6

EXTENDED DISABILITY LEAVES OF ABSENCE/
FAMILY AND MEDICAL LEAVE

An employee who is unable to work because of personal illness or injury, and who has exhausted all paid leave available, may be granted an unpaid leave of absence and may continue all available fringe benefits in effect for the duration of said leave at his/her own expense, except that the District shall provide benefits in accordance with the Family and Medical Leave Act.  The District may terminate the employee's employment and hire a permanent replacement after 12 weeks of leave.  Each case will be considered separately giving consideration to the needs of the District and the likely recovery period of the employee.

Family and Medical Leave Act.  Federal law requires the District to grant up to 12 weeks of leave per year to employees who have been employed for at least 12 months and who have worked at least 1,250 hours during the preceding 12 months (“eligible employees”) for one or more of the following reasons:  (1) to take medical leave when the employee is unable to work because of the employee’s serious health condition; (2) for the birth and care of the employee’s newborn child; (3) to care for a child placed with the employee for adoption or foster care; (4) to care for the employee’s parent, spouse or child with a serious health condition; (5) for qualifying exigencies arising out of the fact that the employee’s spouse, child or parent is on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation.  Federal law also requires the District to grant up to 26 weeks of leave in a single 12 month period to an eligible employee to care for a covered servicemember when the employee is the spouse, child, parent, or next of kin to the covered servicemember who has a serious injury or illness incurred in the line of duty on active duty (“military caregiver leave”). 

The District requires the eligible employee to first utilize any earned paid leave that is authorized and available for use for the purpose requested.  Any leave in excess of authorized and available paid leave shall be unpaid leave.  At the employee’s option, the District shall continue to make District contributions towards health insurance on behalf of the employee while on Family and Medical Leave.  If the employee has more than 12 (or 26 weeks, if applicable) of paid leave available, the District shall continue to make the contributions until the paid leave is exhausted or no longer available.  The employee shall remit the employee’s share of contributions towards health insurance and towards life insurance and disability insurance by the date the District makes payment to the insurance carriers or within 30 calendar days thereafter.  Failure to make the employee contributions when due may result in the employee losing coverage during the period of leave.  If the District makes the contributions on behalf of the employee, the employee authorizes the District to offset such sums advanced against any sums owed the employee.

If the employee does not return to work at the end of the leave (except for reasons specified in the Family and Medical Leave Act), the employee will be required to reimburse the District for all contributions made by the District while the employee was on unpaid leave.

Employees may request leave under the Family and Medical Leave Act for up to 12 weeks per year.  “Year” shall be defined as a “rolling” 12-month period measured backward from the date an employee uses FMLA leave.  Leave to care for a newly-born, adopted, or foster child must conclude within 12 months of the birth or placement of the child.  Spouses employed by the District may take a combined 12-week allotment for the birth or placement of a child.  Military caregiver leave is granted for up to 26 weeks in a single 12-month period beginning on the first day the employee takes leave for that purpose.  Any other family and medical leave taken during the 12-month period is combined for purposes of counting the 26 weeks. 

The District requires the employee to provide written certification from a health care provider when an employee requests family and medical leave for the employee’s own serious health condition or to care for the employee’s parent, spouse or child with a serious health condition, or to care for a covered service member with a serious injury or illness.

Date of Last Review:
August 12, 2019

Date of Revision:
November 9, 2009

 

Legal References:

29 C.F.R. Part 825; 29 U.S.C. 2601 et. seq.; 20.7, 20.9, 85.2, 85.33, 86.38, 279.8, 279.40, Code of Iowa

 

00954790

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.06R1 Family and Medical Leave Regulations

Code No. 404.6R1

FAMILY AND MEDICAL LEAVE REGULATIONS

A.         District Notice.

1.          The District will post a notice regarding family and medical leave.

2.          Information on the Family and Medical Leave Act and on the Board policy on family and medical leave, including leave provisions and employee obligations, will be provided annually.

3.          When an employee requests family and medical leave, the District will provide the employee with information listing the employee's obligations and requirements.  Such information will include:

a.           a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement (or 26-week entitlements, if applicable);

b.          a reminder that an employee requesting family and medical leave for his/her serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and notice of the consequences for failing to do so;

c.           a reminder that an employee requesting military family and medical leave must furnish proof of call to active duty or active duty status certificate to support the need for a leave for a qualifying exigency or for military caregiver leave;

d.          an explanation of the employee's right to substitute paid leave for family and medical leave, including a description of when the District requires substitution of paid leave and the conditions related to the substitution; and

e.           a statement notifying the employee that the employee must pay, and must make arrangements for paying, any premium or other payment to maintain health or other benefits.

B.          Eligible Employees.

             Employees of the District are eligible for family and medical leave if two criteria are met.

             If the employee requesting leave is unable to meet the three criteria, then the employee is not eligible for family and medical leave.

1.          The employee has worked for the District for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and

2.          The employee has worked at least 1,250 hours within the previous year. Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

  1. Employee Requesting Leave -- Two Types of Leave.

             1.          Foreseeable family and medical leave.

                           a.           Definition - leave is foreseeable for the expected birth, placement for adoption or foster care for planned medical treatment.

                           b.          The employee must give at least thirty (30) days notice for foreseeable leave.  If thirty (30) days is not practicable, notice must be given as soon as practicable.  Failure to give the notice may result in the denial or delay of the leave.  For those taking military exigency family and medical leave, notice must be given as soon as practicable. 

                           c.           Employees must consult with the District prior to scheduling planned medical treatment leave to minimize disruption to the District.  The scheduling is subject to the approval of the health care provider.

             2.          Unforeseeable family and medical leave.

                           a.           Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.

                           b.          The employee must give notice as soon as practicable, generally, no later than one to two business days after learning that leave will be necessary.

                           c.           A spouse or family member may give the notice if the employee is unable to personally give notice.

D.         Eligible Family and Medical Leave Determination.  The District may require the employee to provide reasonable documentation or a statement of family or next of kin relationship.

             1.          Six purposes.

                           a.           The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;

                           b.          The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;

                           c.           To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition;

                           d.          Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position;

                           e.           A qualifying exigency arising out of the fact that the employee’s spouse, son or daughter, or parent is on active duty or call to active duty in support of a contingency operation as a member of the National Guard or Reserves; or

                           f.           To care for the employee’s spouse, son or daughter, parent or next of kin who is a covered service member with a serious injury or illness incurred in the line of duty on active duty with the Regular Armed Forces, National Guard or Reserves.

             2.          Medical certification.

                           a.           When required:

                                        (1)         Employees shall be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job.

                                        (2)         Employees shall be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.

                                        (3)         Employees shall be required to present medical certification of the covered service member’s serious injury or illness incurred in the line of duty on active duty for the employee to take leave to care for a covered service member.

                           b.          Employee's medical certification responsibilities:

                                        (1)         The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition or serious illness or injury incurred in the line of duty.

                                        (2)         Except in cases of military caregiver leave, the District may require the employee to obtain a second certification by a health care provider chosen by and paid for by the District if the District has reason to doubt the validity of the certification an employee submits.  The second health care provider cannot, however, be employed by the District on a regular basis.

                                        (3)         If the second health care provider disagrees with the first health care provider, then the District may require a third health care provider to certify the serious health condition.  This health care provider must be mutually agreed upon by the employee and the District and paid for by the District.  This certification or lack of certification is binding upon both the employee and the District.

                           c.           Medical certification will be required fifteen (15) calendar days after family and medical leave begins unless it is impracticable to do so.  Except in cases of military caregiver leave, the District may request recertification every thirty (30) calendar days.  Recertification must be submitted within fifteen (15) calendar days of the District's request.

                           d.          The employee must provide certification of fitness to return to duties from the health care provider who was treating the employee with a serious health condition prior to the employee returning to work.

             Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition or of a covered service member with a serious illness or injury incurred in the line of duty which is not supported by medical certification shall be denied until such certification is provided.

E.          Entitlement.

             1.          Employees are entitled to twelve weeks family and medical leave per 12-month period.

             2.          Employees are entitled to 26 weeks of military caregiver leave to care for a covered service member in a single 12-month period; however, all family and medical leave for all purposes shall not exceed 26 weeks in the 12 month period.  The 12-month period is a "rolling" period measured backwards from the date an employee uses FMLA leave.  Military caregiver leave is measured forward from the first date the employee takes leave for that purpose.

             3.          If insufficient leave is available, the District may:

                           a.           Deny the leave if entitlement is exhausted; or

                           b.          Award additional leave.

F.          Type of Leave Requested.

             1.          Continuous - employee will not report to work for set number of days or weeks.

             2.          Intermittent - employee requests family and medical leave for separate periods of time.

                           a.           Intermittent leave is available for:

                                        (1)         Birth, adoption or foster care placement of child only with the District's agreement.

                                        (2)         Serious health condition of the employee, spouse, parent, or son or daughter when medically necessary without the District's agreement.

                                        (3)         A qualifying exigency arising out of the fact that the employee’s spouse, son or daughter, or parent is on active duty or call to active duty in support of a contingency operation as a member of the National Guard or Reserves.

                                        (4)         To care for the employee’s spouse, son or daughter, parent or next of kin who is a covered service member with a serious injury or illness incurred in the line of duty on active duty with the Regular Armed Forces, National Guard or Reserves.

                           b.          The employee shall advise the District of the reason why the intermittent leave is necessary and of the schedule of treatment, if applicable.  In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the District's operation, subject to the approval of the health care provider.

                           c.           During the period of foreseeable intermittent leave, the District may move the employee to an alternative position with equivalent pay and benefits.  [For instructional employees, see G below.]

             3.          Reduced work schedule - employee requests a reduction in the employee's regular work schedule.

  1. Reduced work schedule family and medical leave is available for:

                                        (1)         Birth, adoption or foster care placement of child only with the District's agreement.

                                        (2)         Serious health condition of the employee, spouse, parent, or child when medically necessary without the District's agreement.

                                        (3)         A qualifying exigency arising out of the fact that the employee’s spouse, son or daughter, or parent is on active duty or call to active duty in support of a contingency operation as a member of the National Guard or Reserves.

                                        (4)         To care for the employee’s spouse, son or daughter, parent or next of kin who is a covered service member with a serious injury or illness incurred in the line of duty on active duty with the Regular Armed Forces, National Guard or Reserves.

                           b.          The employee shall advise the District of reasons why a reduced working schedule is necessary and of the schedule for treatment, if necessary.  In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the District's operation, subject to the approval of the health care provider.

                           c.           During the period of foreseeable reduced work schedule leave, the District may move the employee to an alternative position with equivalent pay and benefits. [For instructional employees, see G below.]

G.         Special Rules for Instructional Employees.

             1.          Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or in an individual setting.  This includes, but is not limited to, teachers and coaches.

             2.          Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:

                           a.           Take leave for the entire period or periods of the planned medical treatment; or

                           b.          Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.

             3.          Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester.  The number of weeks remaining before the end of a semester do not include scheduled school breaks, such as summer, winter or spring break.

                           a.           If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the District may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee would return to work during the last three weeks of the semester if the leave was not continued.

                           b.          If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the District may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.

                           c.           If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the District may require the employee to continue taking leave until the end of the semester.

             4.          The entire period of leave taken under the special rules is credited as family and medical leave.  The District will continue to fulfill the District's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.

H.         Employee Responsibilities While on Family and Medical Leave.

             1.          The employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless the employee elects not to continue the benefits.

             2.          The employee contribution payments will be deducted from any money owed to the employee, or the employee shall reimburse the District at a time set by the superintendent.

             3.          An employee who fails to make the health care contribution payments within thirty (30) calendar days after they are due will be notified that his/her coverage may be canceled if payment is not received within an additional fifteen (15) calendar days.

             4.          An employee may be required to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member (other than for military caregiver leave) once every thirty (30) calendar days and to return the certification within fifteen (15) calendar days of the request.

             5.          The employee must notify the District of the employee's intent to return to work at least once each month during leave and at least two weeks prior to the conclusion of the family and medical leave.

             6.          If an employee intends not to return to work, the employee must immediately notify the District, in writing, of the employee's intent not to return.  The District will cease benefits upon receipt of this notification.

I.           Use of Paid Leave for Family and Medical Leave.

             An employee must substitute unpaid family and medical leave with any paid leave available to the employee that is applicable to the reason for family and medical leave under board policy or a collective bargaining agreement.  Paid leave includes applicable sick leave, family illness leave, paid vacation, and/or personal/business leave.  When the District determines that paid leave is being taken for a FMLA reason, the District will notify the employee within two (2) business days that the paid leave will be counted as FMLA leave.

J.          Definitions.  The following definitions shall apply to the District's policy and regulations on family and medical leave:

             1.          Active duty – duty under a call or order to active duty under a provision of law referred in §101(a)(13) of Title 10, U.S. Code.

             2.          Common law marriage - according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife.  There is no time factor that needs to be met in order for there to be a common law marriage.

             3.          Contingency operation – has the meaning given in §101(a)(13) of Title 10, U.S. Code.

             4.          Continuing treatment - a serious health condition involving continuing treatment by a health care provider includes one or more of the following:

                           a.           A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three (3) consecutive, full calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:

--    treatment two or more times within thirty (30) days of the first day of incapacity, unless extenuating circumstances exist, by a health care provider or by a nurse under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or

--    treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a health care provider.

Treatment by a health care provider means an in-person visit to a health care provider.  The first (or only) in-person treatment visit must take place within seven (7) days of the first day of incapacity.

                           b.          Any period of incapacity due to pregnancy or for prenatal care.

                           c.           Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:

--    requires periodic visits (at least twice per year) for treatment by a health care provider or by a nurse under direct supervision of a health care provider;

--    continues over an extended period of time (including recurring episodes of a single underlying condition); and

--    may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

                           d.          Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer’s, a severe stroke or the terminal stages of a disease.

                           e.           Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three (3) consecutive, full calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

             5.          Covered servicemember – a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious illness or injury.

             6.          Eligible employee - an employee of the District who has worked for the District for at least twelve months and has worked at least 1250 hours during the twelve-month period immediately preceding the commencement of the leave.

             7.          Essential functions of the job - those functions which are fundamental to the performance of the job.  It does not include marginal functions.

             8.          Employment benefits - all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."

             9.          Family member - individuals who meet the definition of son, daughter, spouse or parent.

             10.        Group health plan - any plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.

             11.        Health care provider -

                           a.           A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or

                           b.          Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in Iowa and performing within the scope of their practice as defined under Iowa law; or

                           c.           Nurse practitioners and nurse-midwives, clinical social workers and physician assistants who are authorized to practice under state law and who are performing within the scope of their practice as defined under Iowa law; or

                           d.          Christian Science practitioners listed with the First Church of Christ Scientist in Boston, Massachusetts; or

                           e.           Any health care provider from whom the District or a group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits; or

                           f.           A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country and who is performing within the scope of his or her practice as defined under such law.

             12.        In loco parentis - individuals who had or have day-to-day responsibilities for the care and financial support of a child or foster child or who had the responsibility for an employee when the employee was a child.

             13.        Incapable of self-care - the individual requires active assistance or supervision to provide daily self-care in three or more of the "activities of daily living" ("ADLs") or “instrumental activities of daily living (“IADLs”).  Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, and eating.  Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

             14.        Instructional employee - an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired.  The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees.

             15.        Intermittent leave - leave taken in separate periods of time due to a single qualifying reason, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.

             16.        Medically necessary - certification for medical necessity is the same as certification for serious health condition.

             17.        "Needed to care for" - the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care.  For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment.  It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.

             18.        Next of kin – an individual’s nearest blood relative other than the covered service member’s spouse, parent, son or daughter.

             19.        Outpatient status – the status of a member of the Armed Forces assigned to

                           a.           either a military medical treatment facility as an outpatient; or

                           b.          a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

             20.        Parent - a biological, adoptive, step or foster father or mother or any other individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child.  Parent does not include parent-in-law.

             21.        Physical or mental disability - a physical or mental impairment that substantially limits one or more of the major life activities of an individual.

             22.        Qualifying Exigency” – includes the following categories:

                           a.          short-notice deployment;

                           b.          military events and related activities;

                           c.           childcare and school activities;

                           d.          financial and legal arrangements;

                           e.           counseling;

                           f.           rest and recuperation;

                           g.          post-deployment activities;

                           h.          additional activities not encompassed in the other categories, but agreed to by the

                                        employer and employee.

             23.        Reduced leave schedule - a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

             24.        Serious health condition - an illness, injury, impairment, or physical or mental condition that involves:

                           a.           Inpatient care (an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (an inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery therefrom), or any subsequent treatment in connection with such inpatient care; or

                           b.          Continuing treatment by a health care provider.  A serious health condition involving continuing treatment by a health care provider includes:

--    A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery therefrom) of more than three (3) consecutive full calendar days, including any subsequent treatment or period of incapacity relating to the same condition, that also involves:

* Treatment two or more times within thirty (30) days of the first day of incapacity unless extenuating circumstances exist by a health care provider or by a nurse under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or

* Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider; or

* Treatment by a health care provider means an in-person visit.  The first (or only) in-person treatment visit must take place within seven days of the first day of incapacity.

                           c.           Any period of incapacity due to pregnancy or for prenatal care.

                           d.          Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.  A chronic serious health condition is one which:

--    Requires periodic visits (at least twice a year) for treatment by a health care provider or by a nurse under direct supervision of a health care provider;

--    Continues over an extended period of time (including recurring episodes of a single underlying condition); and

--    May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

                           e.           A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.  The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider.  Examples include Alzheimer’s, a severe stroke or the terminal stages of a disease.

                           f.           Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three (3) consecutive full calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

--    Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition.  Treatment does not include routine physical examinations, eye examinations or dental examinations.  Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen).  A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regime of continuing treatment for purposes of FMLA leave.

--    Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not “serious health conditions” unless inpatient hospital care is required or unless complications develop.  Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.  Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.

--    Substance abuse may be a serious health condition if the conditions of this section are met.  However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on a referral by a health care provider.  On the other hand, absence because of the employee’s use of the substance, rather than for treatment, does not qualify for FMLA leave.

--    Absences attributable to incapacity due to pregnancy or prenatal care or due to chronic conditions qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three (3) consecutive full calendar days.  For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee’s health care provider has advised the employee to stay home when the pollen count exceeds a certain level.  An employee who is pregnant may be unable to report to work because of severe morning sickness.

             25.        Serious injury or illness – an injury or illness incurred by a member of the Armed Forces, including the National Guard or Reserves, in the line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating.

             26.        Son or daughter - a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis and is under age 18 or, age 18 or older, incapable of self-care because of a mental or physical disability at the time that leave is to commence.  However, son or daughter on active duty or call to active duty status or of a current service member may be of any age.

             27.        Spouse - a husband or wife defined as recognized under state law in the state where the employee resides, including common law marriages.

 

Date of Review: August 12, 2019

Dated of Revision:  September 16, 2013

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DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.06R1 Exhibit A – Rights Under the FMLA Posting

See attached for 404.06R1 Exhibit A,B,D,E,F,G & H

 

404.06R1 Exhibit B – U.S. Department of Labor FMLA Fact Sheet

See attached for 404.06R1 Exhibit A,B,D,E,F,G & H

404.06R1 Exhibit C – Family and Medial Leave Request Form

See attached for 404.06R1 Exhibit C

Uploaded Files: 

404.06R1 Exhibit D – Employer Response to Employee Request for Family and Medical Leave

See attached for 404.06R1 Exhibit A,B,D,E,F,G & H

404.06R1 Exhibit E – Certification of Health Care Provider for Employee’s Serious Health Condition

See attached for 404.06R1 Exhibit A,B,D,E,F,G & H

404.06R1 Exhibit F – Certification of Health Care Provider for Family Member’s Serious Health Condition

See attached for 404.06R1 Exhibit A,B,D,E,F,G & H

404.06R1 Exhibit G – Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave

See attached for 404.06R1 Exhibit A,B,D,E,F,G & H

404.06R1 Exhibit H – Certification of Qualifying Exigency for Military Family Leave

See attached for 404.06R1 Exhibit A,B,D,E,F,G & H

404.07 Bereavement Leaves of Absence

Code No. 404.7

BEREAVEMENT LEAVES OF ABSENCE

Employees covered by a collective bargaining agreement shall receive bereavement leave days in accordance with the agreement, if applicable.  Other employees, except temporary employees, shall be granted up to five (5) days of paid leave per incident in the event of the death of the employee's spouse, child, son-in-law, daughter-in-law, parent, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, grandchild, grandparent, or of any other person regularly residing in the employee's immediate household.  The Superintendent may grant up to two (2) days paid leave per incident in the event of the death of other relatives or friends.  The employee must inform the administration of the need for bereavement leave at the earliest possible time.  Bereavement leave will not be deducted from the employee’s accumulated sick leave.

Date of Last Review:
August 12, 2019

Date of Revision:
August 12, 2019

 

Legal References:

20.7, 20.9, 279.8 Code of Iowa

 

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DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.08 Professional Leaves of Absence

Code No. 404.8

PROFESSIONAL LEAVES OF ABSENCE

Licensed employees covered by a collective bargaining agreement shall be granted professional leaves of absence in accordance with the agreement, if applicable.  Other employees may be granted professional leave to participate in a conference, convention, or workshop, to visit other programs, or for other similar reasons as approved by the Superintendent at his/her sole discretion.  The Superintendent may approve payment or reimbursement for registration, lodging, meals and/or travel expenses.  The employee must obtain advance approval before incurring expenses at his/her sole discretion. 

Date of Last Review:
August 12, 2019

Date of Revision:
August 12, 2019

 

Legal References:

20.7, 20.9, 29A.28, 29A.43, 70A.25, 70A.26, 279.8, 279.12, Code of Iowa

 

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DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.09 Military Service Leaves of Absence

Code No. 404.9

MILITARY SERVICE LEAVES OF ABSENCE

Leaves for military service will be granted in accordance with applicable law which provides that employees (other than employees employed temporarily for six months or less) who are members of the national guard, organized reserves or any component part of the military, naval, or air force or nurse corps of Iowa or of the United States, or who may be otherwise inducted into the military service shall, when ordered by proper authority, be entitled to a leave of absence for the period of such service, and without loss of pay or benefits for the first 30 calendar days of such leave of absence.  The employee may continue all fringe benefits in effect for the duration of the leave at his/her own expense.

Date of Last Review:
August 12, 2019

Date of Revision:
September 16, 2013 

 

Legal References:

20.7, 20.9,. 29A.28, 29A.43, Code of Iowa; 38 U.S.C. Chapter 43

 

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DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.10 Jury Duty and Legal Leaves of Absence

Code No. 404.10

JURY DUTY AND LEGAL LEAVES OF ABSENCE

Employees called for jury service or required by subpoena to appear in a legal proceeding shall be permitted to be absent from duties to perform jury or witness service with pay.  Pay received for jury service or witness duty, except travel expense, shall be remitted to the District.  In order to receive payment, the employee must give at least one days' prior notice of the summons for service and must furnish satisfactory evidence that such service was performed on the days for which payment is claimed.  An employee not required to perform jury or witness service all day shall return to work.

Date of Review:
August 12, 2019

Date of Revision:
April 14, 2003

 

Legal References:

20.7, 20.9, 279.8, 607A.45, Code of Iowa 

 

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DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.11 Political Leaves of Absence

Code No. 404.11

POLITICAL LEAVES OF ABSENCE

Leaves of absence for service in an elected municipal, county, state or federal office shall be granted in accordance with applicable law.  The leave of absence shall be without pay or benefits and shall not exceed six years.  The employee may continue all fringe benefits in effect for the duration of the leave at his/her own expense.  In addition, an employee who becomes a candidate for elective public office shall be granted a leave commencing within 30 days prior to a contested primary, special, or general election and continuing until the day after the election.  The employee shall first use any earned compensatory time, then vacation and personal leave time and then unpaid leave.  The employee shall give at least 30 calendar days prior notice of the need for leave of absence.

Date of Last Review:
August 12, 2019

Date of Revision:
April 14, 2003

 

 

Legal References:

20.7, 20.9, Chapter 55, 279.8 Code of Iowa 

 

00956183-1\17467-000

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

404.12 Unpaid Leaves of Absence

Code No. 404.12

UNPAID LEAVES OF ABSENCE

Unpaid leaves of absence may be granted for absences not otherwise covered by Board policy or by a collective bargaining agreement.  Unpaid leaves of absence must be approved in advance by the Superintendent.  Employees may be asked to give a reason for the requested unpaid leave of absence and restrictions may be imposed on the leave of absence.  The Superintendent has discretion to grant or deny the unpaid leave.  Whenever possible, the employee shall make a written request for unpaid leave at least ten (10) calendar days prior to the beginning of the requested leave of absence.  The employee shall have deducted from his/her salary an amount equal to one day's pay for each day of absence.  For extended unpaid leaves (in excess of ten work days), the District shall not continue fringe benefits, but the employee may continue the fringe benefits for the duration of the leave at his/her own expense.

Date of Last Review:
August 12, 2019

Date of Revision:
September 16, 2013

 

Legal References:

29 U.S.C. 2601 et. seq.; 20.7, 20.9, 279.8, 509; 509A, 509B, Code of Iowa

 

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DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS