Leave and Absences
Leave and Absences
If you are planning to be absent, please get prior approval from your supervisor.
Enter your leave request in Skyward.
If you are absent and it is unplanned, please text your supervisor, as soon as you know, and let them know you will be unable to come to work.
If you are absent (sick, personal, in a district, at a conference, etc.) put an "out of office" message on your email.
If you have acquired flex/comp time, enter into Skyward.
*Please always let your supervisor know when you are going to take a day or half a day off.
Region 16 ESC offers employees paid and unpaid leaves of absence in times of personal need. Employees who have personal needs that require long leaves of absence should contact their immediate supervisor concerning leave options, continuation of benefits, and communicating with Region 16 ESC.
If you are unable to report to work, you must contact your immediate supervisor prior to your normally scheduled starting time. If you are unable to contact Region 16 ESC, someone else should contact Region 16 ESC for you. If you are absent due to illness or injury, you may be required to provide a physician’s statement and release to return to work.
Immediate Family: The term “immediate family” is defined as:
Spouse.
Son or daughter, including a biological, adopted, or foster child, a son- or daughter-in-law, a step-child, a legal ward, or a child for whom the employee stands in loco parentis.
Parent, stepparent, parent-in-law, or other individual who stands in loco parentis to the employee.
Sibling, stepsibling, and sibling-in-law.
Grandparent and grandchild.
Any person residing in the employee’s household at the time of illness or death.
Spouse, Parent, Son or Daughter, and Next of Kin: For purposes of the Family and Medical Leave Act (FMLA), the definitions of spouse, parent, son or daughter, and next of kin are found in DEBA (Legal).
Family Emergency: The term “family emergency” shall be limited to disasters and life-threatening situations involving the employee or a member of the employee’s immediate family.
Workday: A “workday” for purposes of earning, use, or recording shall mean the number of hours per day equivalent to the employee’s usual assignment, whether full-time or part-time.
Availability: The ESC shall make paid leave for the current year available for use at the beginning of the fiscal year. Employees who are new to the ESC may not use more leave than they have accrued for the first three months of employment.
Earning Leave: To earn local sick leave in any given month, the employee must have worked ten or more days in the month. An employee shall not earn local sick leave when he or she is in unpaid status. An employee using full or proportionate paid leave shall be considered to be in paid status. When an employee has used more leave than he or she has earned, the ESC shall deduct the cost of unearned leave days from the employee’s final paycheck for the year or from the last pay-check after the employee ceases to be employed by the ESC.
Guidelines of Usage:
Local sick leave and state personal leave shall be used in a minimum of one-hour increments.
Compensatory leave shall be used in a minimum of quarter-hour increments.
Leave Without Pay: The ESC shall not approve paid leave for more workdays than have been accumulated in prior years plus those to be earned during the current year. Any absences beyond available paid leave shall result in deductions from the employee’s pay.
ESC Board Policy DEB (Legal) & (Local)
All full-time employees shall earn local sick leave at the rate of one-half day per month, during the first ten months of employment and one full day per each additional month of employment, according to the following schedule:
Employees in positions generally requiring
187-205 days of service earn 5 days
206-219 days of service earn 6 days
220 or more days of service earn 7 days
To earn local sick leave in any given month, the employee must have worked ten or more days in the month. Local sick leave shall accumulate to a maximum of 90 workdays. Local sick leave may be used for personal illness, illness or death of a member of the employee’s immediate family, family emergency, or active military service.
All full-time employees will earn up to five state personal leave days per year. Each employee shall earn state personal leave, at the rate of one-half a workday for each calendar month, up to a maximum of five workdays each fiscal year. State personal leave may be used for two general purposes:
Discretionary – Leave that is taken at an employee’s discretion and that can be scheduled in advance is considered discretionary leave. An employee wishing to take discretionary personal leave must submit a request to his or her supervisor prior to the anticipated absence. Discretionary use of state personal leave shall not exceed five consecutive workdays or exceed more than ten days in a fiscal year.
Non-discretionary – Leave taken for personal or family illness, family emergency, a death in the family, or active military service is considered non-discretionary leave. Non-discretionary use also includes leave for well-baby care within the first year after birth, adoption, or placement of a child.
Unless an employee requests a different order, available paid state personal leave and local sick leave shall be used in the following order, as applicable:
Local sick leave
State personal leave
An employee shall submit medical certification of the need for leave if:
The employee is absent more than five consecutive workdays or eight workdays in any 30-calendar day period;
The ESC requires medical certification due to a questionable pattern of absences or when deemed necessary by the supervisor or Executive Director;
The employee requests FMLA leave for the employee’s serious health condition or that of a spouse, parent, or child; or
The employee requests FMLA leave for military caregiver purposes.
In each case, medical certification shall be made by a health-care provider as defined by the FMLA. See DEBA (Legal)
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits covered employers from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we ask that employees and health care providers do not provide any genetic information in any medical certification. ‘Genetic information,’ as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.
The Board has adopted the offset option provided by law whereby an employee absent because of a job-related illness or injury may choose to:
Receive workers’ compensation wage benefits only; or
Use available paid leave in proportional amounts to supplement workers’ compensation wage benefits, up to the regular pre-injury weekly wage.
The employee shall indicate if he or she chooses to use available paid leave in this circumstance and, if so, may choose to discontinue use at any time. An employee absent because of a job-related illness or injury shall be placed on family and medical leave, if applicable.
Administrative Procedure DEB (Exhibit)
The following text is from the federal notice, Employee Rights and Responsibilities Under the Family and Medical Leave Act. Specific information that Region 16 ESC has adopted to implement the FMLA follows this general notice.
Leave Entitlements
Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons:
The birth of a child or placement of a child for adoption or foster care;
To bond with a child (leave must be taken within 1 year of the child’s birth or placement);
To care for the employee’s spouse, child, or parent who has a qualifying serious health condition;
For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job;
For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent.
An eligible employee who is a covered servicemember’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the servicemember with a serious injury or illness. An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule. Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies.
Benefits and Protections
While employees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave. Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits, and other employment terms and conditions. An employer may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying to use FMLA leave, opposing any practice made unlawful by the FMLA, or being involved in any proceeding under or related to the FMLA.
Eligibility Requirements
An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. The employee must:
Have worked for the employer for at least 12 months;
Have at least 1,250 hours of service in the 12 months before taking leave;* and
Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite.
*Special hours of service eligibility requirements apply to airline flight crew employees.
Requesting Leave
Generally, employees must give 30-days’ advance notice of the need for FMLA leave. If it is not possible to give 30- days’ notice, an employee must notify the employer as soon as possible and, generally, follow the employer’s usual procedures. Employees do not have to share a medical diagnosis but must provide enough information to the employer so it can determine if the leave qualifies for FMLA protection. Sufficient information could include informing an employer that the employee is or will be unable to perform his or her job functions, that a family member cannot perform daily activities, or that hospitalization or continuing medical treatment is necessary. Employees must inform the employer if the need for leave is for a reason for which FMLA leave was previously taken or certified. Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines that the certification is incomplete, it must provide a written notice indicating what additional information is required.
Employer Responsibilities
Once an employer becomes aware that an employee’s need for leave is for a reason that may qualify under the FMLA, the employer must notify the employee if he or she is eligible for FMLA leave and, if eligible, must also provide a notice of rights and responsibilities under the FMLA. If the employee is not eligible, the employer must provide a reason for ineligibility. Employers must notify its employees if leave will be designated as FMLA leave, and if so, how much leave will be designated as FMLA leave.
Enforcement
Employees may file a complaint with the U.S. Department of Labor, Wage and Hour Division, or may bring a private lawsuit against an employer. The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights. For additional information: 1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627 www.wagehour.dol.gov
ESC Board Policy DEB (Local) & DEBA (Legal)
Administrative Procedure DEB (Regulation)
Eligible employees can take up to 12 weeks of unpaid leave in a 12-month period beginning on the first day of the fiscal year.
Use of Paid Leave – FML runs concurrently with accrued local sick leave and state personal leave, compensatory time (if applicable), and absences due to a work-related illness or injury. Region 16 ESC will designate the leave as FML, if applicable, and notify the employee that accumulated leave will run concurrently.
Combined Leave for Spouses – If both spouses are employed by the ESC, the ESC shall limit FML for the birth, adoption, or placement of a child, or to care for a parent with a serious health condition, to a combined total of 12 weeks. The ESC shall limit military caregiver leave to a combined total of 26 weeks.
Intermittent Leave – When medically necessary or in the case of a qualifying exigency, an employee may take leave intermittently or on a reduced schedule. The ESC shall permit use of intermittent or reduced schedule FML for the care of a newborn child or for the adoption or placement of a child with the employee.
Medical Certification/Documentation – For all instances of a medical leave, a doctor’s certification form (DEB (Exhibit)), either Exhibit C or D, must be submitted verifying the need for medical leave and its beginning and expected ending dates. Any changes in this information should be promptly reported to your supervisor and Human Resources. Employees returning from medical leave must submit a Doctor’s Release form (DEB (Exhibit)) of their fitness to return to work. For other types of leave under the FMLA (i.e., non-medical purposes), documentation will be required. Human Resources will work with you to determine the documentation required.
Fitness for Duty – An employee that takes FML due to the employee’s own serious health condition shall provide, before resuming work, a fitness-for-duty certification from the health care provider. If certification of the employee’s ability to perform essential job function is required, the ESC shall provide a list of essential job functions (e.g., job description) to the employee with the FML designation notice to share with the health care provider.
Reinstatement – An employee returning to work at the end of FML will be returned to the same position held when the leave began or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
Failure to Return – If, at the expiration of FML leave, the employee is able to return to work but chooses not to do so, the ESC may require reimbursement of premiums paid by the ESC during the leave. [See DEBA (Legal), Recovery of Benefit Cost]
The following holidays will be observed by all ESC employees:
Labor Day
Thanksgiving break
Winter break/New Years
Memorial Day
Independence Day
Employees who wish to take time off due to the death of an immediate family member should notify their supervisor immediately. Subject to approval of the Executive Director or designee, an employee shall be granted three days without loss of pay for a death in the immediate family. One day may be used for a death of a relative not in the immediate family (aunt, uncle, niece, nephew, or first cousin, other than those listed in immediate family). Bereavement leave shall not be charged against leave. An employee who chooses to be absent more than the three allotted days may use up to two additional days of state personal leave or local sick leave.
Region 16 ESC encourages employees to fulfill their civic responsibilities by serving jury duty when required. Employees shall be granted leave with pay and without loss of leave for jury duty or compliance with a subpoena. Employees must show the jury duty summons to their supervisor as soon as possible so that the supervisor may make arrangements to accommodate their absence. Of course, employees are expected to report for work whenever the court schedule permits. The employee shall be allowed to retain any compensation provided for jury duty.
Absences due to compliance with a valid subpoena or for jury duty shall be fully compensated by the ESC and shall not be deducted from the employee’s pay or leave balance.