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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