The School Board of Polk County |
Bylaws & Policies |
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the bylaws and policies of The School Board of Polk County were adopted on November 12, 2013 and were in effect beginning November 12, 2013. |
3430.03 - SICK LEAVE
Full-time employees who are unable to perform their duties because of personal illness or illness or death of a father, mother, brother, sister, husband, wife, child, or other close relative or member of the employee's household shall be entitled to sick leave.
Instructional staff members who are appointed to work full-time shall earn one (1) day of paid sick leave for each full month of employment. Earned sick leave shall be pro-rated in proportion to the number of hours employed per day. Sick leave may not be used before it is earned and credited.
A. |
Accrual |
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1. |
Four (4) days of earned sick leave credit shall be annually advanced at the end of the first month of employment of each contract year, and one (1) day of sick leave will be advanced at the end of each successive month of employment. However, each employee is entitled to earn no more than one (1) day of sick leave times the number of months of employment during the year of employment. |
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2. |
An employee who is in an active pay status, including leave with pay, shall earn sick leave for each month in which s/he receives pay for one (1) day more than half the number of work days during that month. |
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3. |
An employee who is on leave without pay during a month shall earn sick leave for that month if s/he has worked one (1) day more than half the number of work days during that month. |
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4. |
If the employee terminates his or her employment and has not accrued the four (4) days of sick leave available to him/her, the School Board may withhold the average daily amount for the days of sick leave used but unearned by the employee. |
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5. |
Sick leave shall be cumulative from year to year. |
B. |
Use |
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1. |
An employee taking sick leave shall notify the appropriate supervisor and file an Employee Application for Leave before beginning the leave, if possible. In an emergency, the Employee Application for Leave may be filed immediately following return to duty. |
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2. |
Sick leave shall be taken in hourly increments and may be taken for the following reasons: |
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a. |
when the employee is unable to perform his/her duty in the school on account of personal sickness, accident, disability, or extended personal illness, and consequently has to be absent from his/her work; |
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b. |
for the illness or death of the employee's spouse, child, father, mother, brother, sister, other close relative, or member of the employee's own household; |
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c. |
as personal leave with pay for up to six (6) days per fiscal year; and |
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d. |
for the maternity or paternity of the employee or the employee's spouse, child, other close relative, or member of the employee's own household. |
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C. |
Transfer |
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1. |
From Other Public Schools |
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Sick leave may be transferred from other public schools in Florida funded through the Florida Education Finance Program. Transferred days may only be credited in a number equal to the number of days earned in this District. |
2. |
From Department of Children and Family Services (DCF) |
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Educational personnel in DCF residential care facilities who are employed by the Board under the provisions of F.S. 402.22(1)(d) may request, and the Board shall accept, a lump sum transfer of accumulated sick leave for such person employed by the Board in a position that is eligible to accrue sick leave under policies of the Board. |
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3. |
To Family Members |
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An employee may authorize transfer of accrued sick leave to his/her spouse, child, parent, or sibling, who is also a District employee, provided that the transfer relates to one of the reasons set forth in Paragraph (B)(2) herein. |
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The personnel administrator approving the leave may require documentation of the recipient's relationship to the authorizing employee. |
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(F.S. 1012.61(2)(e)1) |
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D. |
Terminal Pay for Sick Leave |
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The Board shall provide terminal pay for accumulated sick leave to all employees who have worked for the Board at least one (1) year; or to the employee’s beneficiary, without regard to length of service, if service is terminated by death. These provisions shall apply to all employees unless otherwise provided for in the various collective bargaining agreements. |
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1. |
Approved Leave |
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For employees on approved leave who terminate employment upon termination of the leave, the daily rate of pay shall be the rate of pay the employee would have been earning if s/he, at the effective date of the termination of the leave, had actually been serving in the position from which leave was granted; however, experience credit will not be awarded for leave time unless otherwise provided by Board policy or other Board action. |
2. |
Covered Persons |
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This provision is expressly intended to cover all persons on leave pursuant to Policy 3430 – Leaves of Absence. |
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Terminal pay will be calculated as follows: |
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1. |
Second and Third Years of Service: During the second and third years of service, the daily rate of pay at termination multiplied by thirty-five percent (35%) times the number of days of accumulated sick leave. |
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2. |
Fourth, Fifth, and Sixth Years of Service: During the fourth, fifth, and sixth years of service, the daily rate of pay at termination multiplied by forty percent (40%) times the number of days of accumulated sick leave. |
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3. |
Seventh, Eighth, and Ninth Years of Service: During the seventh, eighth, and ninth years of service, the daily rate of pay at termination multiplied by forty-five percent (45%) times the number of days of accumulated sick leave. |
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4. |
Ten Years of Service: During and after ten (10) years of service with the Board, the daily rate of pay at termination multiplied by fifty percent (50%) times the number of days of accumulated sick leave. |
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5. |
Exceptions: Payment for sick leave earned prior to July 1, 1985, in the District, shall be paid at 100% of the daily rate of pay at the time of conclusion of service with the Board. |
E. |
Sick Leave Bank |
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The District Employees’ Sick Leave Bank shall be established when 1,500 sick leave days have been deposited. The Sick Leave Bank shall be governed by a committee comprised of employees of the Board. The committee shall have the authority to adopt and amend guidelines in addition to the following: |
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1. |
Voluntary Participation: Participation in the Sick Leave Bank shall at all times be voluntary. |
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a. |
Eligibility: Any full-time employee shall be eligible for participation in the bank provided that the employee has accrued a minimum of fifteen (15) days of unused sick leave. |
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1) |
A member with a ten (10) or eleven (11) month work schedule must have exhausted all accumulated sick leave. Benefits will be paid on the first day after the exhaustion of sick leave. A member with a twelve (12) month work schedule must have exhausted all accumulated sick leave and have missed five (5) consecutive workdays without sick leave pay. Benefits for a member with a twelve (12) month work schedule will be paid beginning the sixth day. |
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2) |
Any employee who chooses to no longer participate in the Sick Leave Bank shall not be eligible to withdraw any sick leave already contributed to the bank. |
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b. |
Contribution: All participating employees shall initially contribute a maximum of one (1) day of accrued sick days. |
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1) |
Any sick leave pooled pursuant to this section shall be removed from the employee’s accumulated sick leave balance. |
2) |
After the initial contribution, no further contribution shall be required except as may be necessary to replenish the bank. Contributions to replenish the bank shall be equally required of all participating employees. |
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3) |
A participating employee who uses sick leave from the bank shall not be required to contribute additional sick leave to the bank except as otherwise provided in this section. |
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c. |
Withdrawal from Sick Leave Bank: Any sick leave time drawn from the bank by a participating employee must be used for said employee’s personal illness, accident or injury. |
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1) |
The maximum number of days a participant may withdraw from the bank shall be fifty (50) days per illness. |
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2) |
Terminal cases will be considered on an individual basis but will not exceed fifty (50) additional days. |
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2. |
Abuse of Sick Leave Bank: Alleged abuse of the Sick Leave Bank shall be investigated and on a finding of wrongdoing, the employee shall repay all of the sick leave credits drawn from the Sick Leave Bank and be subject to other disciplinary action as determined by the Board to be appropriate. |
Medical Leave
Employees may be granted up to twelve (12) months of unpaid medical leave without benefits for illness to themselves or members of their household or as otherwise provided in the various collective bargaining agreements. The Superintendent may grant an employee an additional twelve (12) months of unpaid medical leave in cases involving unusual medical circumstances.
F.S. 402.22, 1001.41, 1001.42(5), 1001.43(11), 1012.22, 1012.23, 1012.61
F.S. 1012.62, 1012.66
© Neola 2013