339, 439, 539: UNCOMPENSATED LEAVES OF ABSENCE FOR UNUSUAL HARDSHIP
STATEMENT OF POLICY
1. Unusual Hardships
1.1 Unusual hardship leaves are meant to provide for situations which are not covered by other leaves of absence or when other leaves have been exhausted when employees of good service require additional time away from work for personal reasons. Good service, for purposes of this policy, means the employee is in good standing. Unusual hardship leave is uncompensated.
1.2 Granting a hardship leave is solely discretionary on the part of the District. The District will review and act upon all requests for unusual hardship leaves.
1.3 Requests for unpaid leave for less than fifteen (15) days shall be approved by the Superintendent at the Superintendent’s sole discretion. Leaves of greater than fifteen (15) days require approval by the Board.
1.4 Requests for hardship leaves will be submitted to the Personnel Office at least two (2) weeks prior to the date of leave commencement. Emergency situations will be considered on a case by case basis.
1.5 Unusual hardship leaves will be non-paid unless the employee so elects and the District approves the use of unused vacation and personal time for the leave.
1.6 In exercising its discretion, the Board will apply the following guidelines:
Leaves Due to Employee Illness
1.6.1 Such requests for limited leaves of absence shall be accompanied by a medical certificate from the employee’s personal physician stating the nature of the illness and the approximate date the employee may return to work.
1.6.2 The Employee must provide periodic medical updates while on leave when requested by the District’s Personnel Department.
1.6.3 At the expiration of the above time periods, an employee will be terminated from employment if they are unable to return to work absent a formal request which is approved by the Superintendent or the Board. A medical certificate from the employee’s physician shall accompany such request, stating the nature of the illness and the approximate time the employee can return to work.
Leaves Due to Illness to Member of Employee’s Immediate Family (spouse, child, father or mother)
1.6.4 Such requests for limited leaves of absence specifying the necessity for such leave shall be accompanied by a medical certificate from the relative’s personal physician stating the nature of the illness and the approximate date the employee may return to work.
1.6.5 The employee must provide periodic updates as to the relative’s medical condition while on leave when requested by the District’s Personnel Department.
1.6.6 At the expiration of the above time periods, an employee will be terminated from employment if he/she is unable to return to work absent a formal request which is approved by the Superintendent or the Board.
Leaves Due to Other Reasons
1.6.7 Such requests for limited leaves of absence shall be accompanied by a written statement by the employee as to the necessity for the leave and the approximate date the employee may return to work.
1.6.8 The employee must provide periodic updates as to expected date of return while on leave when requested by the District’s Personnel Department.
1.7 At the expiration of the above time periods, an employee will be terminated from an employment if they are unable to return to work absent a formal request which is approved by the Superintendent.
1.8 Unless otherwise specified to the contrary in the applicable collective bargaining agreement, health benefits, seniority and vacation accrual will continue during hardship leaves of duration of ten (10) calendar days or less. The District will offer COBRA to employees whose leave exceeds ten (10) calendar days. Employees must be actively working on the first day of the month to maintain district-paid benefits coverage.
2. Failure to return from leave
Any employee who takes leave from his/her position, and then is unable to return to work at the conclusion of the approved hardship leave will be terminated subject to the following:
2.11 The employee will be given the opportunity prior to termination to provide a definite return date within a reasonable time after the expiration of the approved leave.
2.12 If the District determines that the extension of leave does not constitute an undue burden on the District, then the leave may be extended for a specific period of time.
2.13 If such a date cannot be provided by the employee, or if the leave is extended to a specific date and the employee does not return to employment by that date, the employee shall be terminated absent extraordinary circumstances as determined by the Board at its sole discretion. |
