17. LEAVES

17.1 General Principles

17.1.1 Leave for ESP employees is not considered a termination of employment. Upon expiration of the leave, an ESP shall be returned to the work site where he/she previously served, except as per unit loss.

17.1.2 When the circumstances for which a leave was granted are changed, an ESP may request an early return from leave with prior notice (minimum of two weeks notice for extended leaves).

17.1.3 With the exception of sick leave, all other requests must be submitted on the Request for Leave of Absence form and received in the Division of Human Resources three workdays prior to the effective date of leave.

17.1.4 Authorized leaves shall not constitute a break in service.

17.1.5 Unless otherwise indicated, an ESP may not be employed full time outside the school district while on leave during the employee's normal work hours.

17.1.6 Upon expiration of the leave, an ESP shall be returned to the school where he/she previously served. After an ESP absence of three (3) continuous combined leaves, an ESP will return to the county placement pool for reassignment.

17.2 Absence from Duty

17.2.1 An ESP who will be absent from duty shall notify the administrator/immediate supervisor or their designee, or SEMS where applicable, as early as possible.

17.2.2 All absences from duty must be for a reason which can be excused by the administrator/immediate supervisor. ESP employees who are willfully absent from duty without leave or misrepresent the cause of absence, shall forfeit compensation for the time of such absence, and shall be subject to disciplinary procedures specified in Section 13.

17.3 Funeral Leave

17.3.1 In the event of the death of a member of the immediate family (employee's spouse, child, mother, father, brother, sister, guardian, stepparent, stepchild, grandparent, grandchild, daughter-in-law, son-in-law, parent-in-law, sister/brother-in-law, grandparent-in-law or any relative residing within the employee's household), an ESP on permanent status may be granted up to three days of paid leave to facilitate attendance at the funeral.

17.3.2 Funeral leave is of special nature and may not be deferred or converted to any other purpose. It is not charged against any other leave account and is not accumulated in the manner of annual or sick leave. Payment in lieu of funeral leave is not authorized.

17.4 Personal Leave

17.4.1 Five days per school year for personal leave may be charged to sick leave during employee's regular work year. The regular request for leave of absence form will not be necessary but the administration shall be notified prior to the ESP taking leave. Immediately following the absence, a sick leave form shall be submitted stating that the absence was for "personal reasons".

17.5 Illness Leave (Sick Leave)

17.5.1 An ESP who is unable to perform his/her duties because of his/her illness or because of the illness or death of his/her father, mother, brother, sister, husband, wife, child, father-in-law, son-in-law, daughter-in-law, mother-in-law, stepfather, stepmother, brother-in-law, stepbrother, half-brother, sister-in-law, stepsister, half sister, stepchild, uncle, aunt, niece, nephew, grandparents, grandparents-in-law, grandchild, or members of his/her own household (a person residing in the house wherein the member resides, or in another house upon the same premises) is entitled to use sick leave.

17.5.2 In every case of absence resulting from sickness or injury, the employee shall notify the immediate supervisor promptly, normally prior to regular reporting time, stating the nature of illness or injury. Failure to comply with this provision may be grounds for denial of sick leave with pay.

17.5.3 Employees shall earn one day of sick leave for each month of employment during the regular work year which shall not be used prior to the time it is credited to the member, provided that the member shall be entitled to earn no more than one day of sick leave times the number of months of employment during the year of employment. All employees shall be given four days at the end of their first month of employment each school year. Employees shall receive one day per month thereafter until they have received the maximum allowable for their work year. Those employees who work in an extended school year program or a Modified School Calendar intersession shall accrue an additional pro-rata amount of sick leave as noted in Section 17.5.8.

If an employee terminates his/her employment, either through termination, resignation, retirement, or death, prior to earning the days that have been advanced to them, the School Board shall make an adjustment in the final compensation to ensure that the employee has not been overpaid.

Such sick leave shall be cumulative from year to year; provided, there shall be no limit on the number of days of sick leave that may be accrued. Sick leave shall accrue hourly based upon paid time.

17.5.4 All justified claims for sick leave must be approved by the principal/supervisor who shall make the report to the payroll section with a payroll voucher, and by such person as is designated by the Superintendent for this purpose. All such claims shall be substantiated by filing of the appropriate form upon return of the ESP to duty or during the course of his/her illness, as may be needed.

17.5.5 The Superintendent is authorized to require a certificate of illness from a licensed physician or from the county health officer if such is deemed necessary. Full compensation shall be made for the time missed for justifiable absence in accordance with the Florida School Laws.

17.5.6 For illness, ESP employees shall have the option of using vacation leave or sick leave.

17.5.7 ESP employees who are reemployed, except those who received terminal pay at separation, shall be credited with all unused balances of sick leave held at the date of the previous separation.

17.5.8 ESP employees who are employed for a normal extended year program shall accrue sick leave hours equal to their specific extended year work day. ESP employees who are employed for one Modified School Calendar intersession shall accrue sick leave hours equal to one-half of their specific intersession work day. ESP employees who are employed for two or more Modified School Calendar intersessions shall accrue sick leave hours equal to their specific intersession work day.

Since extended year program or Modified School Calendar intersession employment is temporary, ESP employees shall not use more than one day of accrued sick leave during this type of employment.

17.6 Sick Leave Bank

17.6.1 Establishment

a. The Sick Leave Bank shall be established and deemed to be in operation when one thousand sick leave days have been deposited in the Bank.

17.6.2 Membership

a. Any employee may apply for membership to the Sick Leave Bank who is actively on duty and has at least eleven days of accrued sick leave as of October 1, the date of effective enrollment. Those persons wishing to become members of the Sick Leave Bank shall do so by voluntarily applying for membership and contributing one accrued sick leave day to the bank during the time determined and published by the Sick Leave Bank Committee.

b. Membership in the Sick Leave Bank shall be continuous from initial enrollment until an individual member has drawn all Sick Leave Bank Committee approved days for original illness (not to exceed 100 days) or has resigned from the school system.

c. Membership may not be reinstated by a former member returning used days to the bank.

d. Membership shall be qualified by the following conditions:

1. Each July the Sick Leave Bank Committee shall determine if the bank balance will be drawn to below 500 days during the coming year. If after evaluating the rate of usage and the projected new enrollments, the committee concludes that the 500 day balance will occur during the next school year, each member will be notified that they will be required to contribute one additional sick leave day on the last paydate in September in order to continue membership. Members not having one additional sick leave day accrued to their benefit shall not be eligible to continue membership. Such members shall again be eligible when they meet the criteria in 17.6.2 a.

2. In the event a member draws from the bank, that individual's membership shall be suspended for all subsequent illness and benefits not arising directly out of the original illness or injury. Such individuals
may reinstate their membership by meeting the qualifications in 17.6.2 a.

3. Members of the bank may only contribute days as authorized above and any sick leave days donated to the bank shall be deemed used sick leave by the participating employee and shall not be returned to the employee except as a benefit of membership in the bank.

17.6.3 Benefits

a. Eligibility for payment from the Sick Leave Bank shall be determined by the Sick Leave Bank Committee based upon the following:

1. Sick Leave Bank members are not eligible for benefits for a pre-existing condition until one year following the effective date of enrollment.

2. The member must have applied for an extended leave of absence from employment because of their own personal catastrophic illness or accident (excluding Workers' Compensation cases).

3. Sick Leave Bank benefits are not payable for benefits coverable by Workers' Compensation benefits.

4. The member must have exhausted all accumulated sick leave and have missed ten consecutive workdays without pay.

5. The member must make application to the Sick Leave Bank Committee by submitting certificates from two doctors attesting to the member's extended illness or accident. The Sick Leave Bank Committee will provide the necessary forms and determine the required information.

6. Upon approval by the Sick Leave Bank Committee of each application, members will be allowed to draw up to a maximum of one hundred paid sick leave days from the bank. Payment of benefits for these approved one hundred days does not have to be continuous for the same illness. However, each request must be accompanied by a new application and the criteria in l, 2, and 3 above must be met.

7. All cases shall be reviewed when the 50th day of benefits is reached. The committee may request additional medical certification.

b. Utilization of paid sick leave will be determined based upon the following:

1. The Sick Leave Bank days, for payment purposes, are only effective on the days which are normally paid for each particular job classification.

2. Members of the Sick Leave Bank who are drawing benefits are not eligible for sick leave or vacation accrual. Paid holidays occurring during the approved benefits period will be paid as a benefit of the Sick Leave Bank.

3. During the duration of the coverage by the Sick Leave Bank days, the recipient is responsible for submitting updated medical statements from both physicians at the end of each month or as otherwise advised by the committee's chairperson. This should be forwarded to the attention of the Chairperson of the Sick Leave Bank Committee.

4. When the physician(s) releases the member for return to duty, the member is required immediately to advise the chairperson of the Sick Leave Bank Committee of this change in status. A member who fails to advise the Chairperson of the release from a physician to return to work shall forfeit their rights to all Sick Leave Bank benefits paid after the release and shall be personally liable for restitution to the bank of all unauthorized funds received.

17.6.4 Administration

a. The Sick Leave Bank shall be administered by the Sick Leave Bank Committee.

b. The Sick Leave Bank Committee shall be the final authority on all disputes concerning membership applications, benefits applications and on other matters that may come before the committee.

c. The Sick Leave Bank Committee shall be a committee consisting of:

1. Three Representatives appointed by CTA.

2. Four Representatives appointed by the Superintendent.

d. The chairperson shall have no voting power except in a tie breaking situation.

e. Enrollment forms and applications for benefits may be obtained from the Division of Human Resources.

f. Specific rules for the implementation of this bank may be developed by the Sick Leave Bank Committee.

g. Sick Leave Bank members shall be given an annual report of usage.

h. The membership eligibility and benefits (100 days) of the Sick Leave Bank may be changed when two-thirds of the Sick Leave Bank Committee recommends to the Sick Leave Bank membership such a change. This change shall be approved by a majority vote of the voting members of the Sick Leave Bank.

17.6.5 The Sick Leave Bank Committee shall function as follows:

a. The Chairperson shall be responsible for conducting the meetings, corresponding with all applicants and attending to all other business of the committee.

b. The Chairperson shall select the Vice-Chairperson. The Vice-Chairperson shall be responsible for conducting the annual enrollment and to act in the chairperson capacity in the absence of the chairperson.

c. Quorum shall consist of three members plus the chairperson or vice-chairperson.

17.7 Inservice

17.7.1 When ESP employees desire to attend a conference, convention, workshop, etc., they will present a request for approval of the trip to their principal/supervisor at least two weeks in advance of the trip. If approved, attendance shall be considered temporary assignment to duty elsewhere.

17.7.2 Employees assigned to a new position shall receive orientation to the position and when deemed necessary by the principal/supervisor shall receive appropriate training assistance during the regular work day of the first two (2) weeks in the new position. Employees who choose to participate in professional development programs conducted after the work day shall be granted compensatory time, unless a specific stipend is offered for that workshop.

17.8 Illness and Accident in Line of Duty (See also Sections 24.2, 24.3, 24.4)

17.8.1 Any employee shall be entitled to illness or accident in-line-of-duty leave when he/she is absent from his/her duties because of a personal injury received in the discharge of duty or because of certain infectious or contagious childhood diseases contracted in school work. This type of leave is different and separate from any other type of leave and shall be treated as such. The amount of leave time allowable will be the responsibility of the Risk Management Department who shall keep both the appropriate Division of Human Resource department and the Payroll Department advised of leave status.

17.8.2 The principal or administrator in charge, upon notification by an employee of an on-the-job injury, shall complete in detail a "Notice of Injury" report and forward it in the next school mail to the Risk Management and Safety Section.

17.8.3 If medical treatment is necessary due to an on-the-job injury, the injured person shall be given a completed "Referral for Medical Treatment" form which will enable the employee to report to a doctor or hospital. The bottom portion of this form should be completed by medical personnel and returned to the Risk Management and Safety Section. Except for emergencies, an employee needing care from a doctor must use only doctors listed on Risk Management's "List of Approved Doctors." An employee may not change doctors without Risk Management approval.

17.8.4 The employee shall receive normal pay for the day of the injury. Upon recommendation of Risk Management, the School Board will also pay normal salary to an employee who is injured on the job or has certain job related illnesses for the first ten working days following such illness or injury. The maximum amount of paid days shall be ten days per injury with a maximum of ten days per year (July 1 - June 30). The employee must use the regular leave form to request paid days and submit to Risk Management for approval. The Risk Management Section will approve payment of the first paid day after an injury without proof of medical treatment. Approval of more than this first day will not be granted unless medical proof is attached indicating that the employee is unable to work due to the injury. An employee who is given paid days will be reported in Code B of the payroll.

17.8.5 After the ten day period, the injured employee has a choice of receiving Workers' Compensation benefits only, or supplementing Workers' Compensation benefits by utilizing a portion of a sick day to provide full salary equivalent. The combined benefits of both Workers' Compensation and paid days sometimes result in overpayments to an employee which must be returned. Any and all appropriate leave forms shall be marked temporary total disability for Workers' Compensation and sent to the Risk Management Department. The Risk Management Department shall be responsible for reporting usage and payments of leave to both the appropriate Division of Human Resources department and the Payroll Department.

17.8.6 If a doctor recommends an employee for light duty (limited/restricted duty), the employee must be able to fulfill his work responsibilities. The work location supervisor must allow the employee to return to work and insure that the employee does not exceed the doctor's limitations for up to ten working days. If these ten working days expire and the employee is still unable to return to full unlimited duty, the employee must obtain another doctor's statement requesting up to ten additional days of limited duty. At the completion of this second ten days of limited duty, the employee must return to full duty or be placed on temporary total disability until able to return to unrestricted duty. Light duty status is only available for approved Workers' Compensation claimants, not for individuals returning from personal illness or injury.

17.8.7 In addition to all Workers' Compensation benefits, employees shall also be entitled to illness in-line-of-duty leave when they are absent from duties because of certain illnesses contracted at work. This policy is intended to deal with such uncommon diseases or infestations as infectious hepatitis, meningitis, scarlet fever, and the illnesses normally related to childhood diseases such as mumps, measles, chicken pox, head lice, pink eye, scabies or impetigo. This does not include the normal adult illnesses such as the common cold, influenza, etc. (Children found to contain these illnesses or infestations shall not be allowed to return to school until such time as the condition no longer exists.) This extended benefit is not covered under the Workers' Compensation law, therefore employees must seek medical care on their own (without a medical referral form) and present their bills to the principal/supervisor. To receive benefits, the principal/supervisor must send a memo to Risk Management stating that the employee was personally exposed to a specific illness. Medical bills and leave of absence forms should be attached. Risk Management may specify maximum benefits for certain illnesses.

17.8.8 When a health hazard exists at a work location that necessitates preventive action or treatment, such as taking shots, to protect employees, the School Board shall make arrangements through the Health Department or other agency for such preventive action or treatment at no cost to employees.

17.8.9 The Board shall continue to provide the employee's health and life insurance when the ESP is on any approved Workers' Compensation leave.

17.8.10 An employee on Workers' Compensation leave is assured a return to the same position if the leave has been continuous for less than twelve months. If the Workers' Compensation leave has been continuous for more than twelve months, the employee will be assigned by the method of pool placement.

17.9 Jury Duty or Court Witness

17.9.1 Any ESP of the school system when called for jury duty or subpoenaed as a witness for a situation related to his/her employment as a School Board employee shall be considered on temporary duty elsewhere and shall receive pay for his/her time on court duty. A copy of the court order or subpoena must be attached to the Request for Leave form. Verification of job relationship for witness leave must be noted on the leave form or attached.

17.10 Personal Leave (Short Term) Without Pay

17.10.1 An ESP may be granted temporary personal leave (maximum of twenty workdays) without pay, when extenuating circumstances dictate. This leave cannot be extended, but a new leave request can be made if the situation warrants it. A total of no more than thirty workdays may be given in any fiscal year.

17.11 Military Leave - Reserve Active Training

17.11 .1 ESP employees who are members of state and national reserve units shall be entitled to paid leave of absence, up to seventeen work days in any fiscal year, when they are on active duty for training purposes. Reservists must plan their tour of duty during vacation when possible. Request for excused absence and a copy of the official orders must be submitted in advance.

17.12 Military Leave - Reserve Called to Active Military Service

17.12.1 ESP employees who are members of state and national reserve units, who are called to active military service, shall be entitled to a leave of absence. Requests for military leave must be accompanied by a copy of the official orders.

17.12.2 The work days within the first thirty calendar days of any such leave shall be with full pay. ESP employees shall retain rights to their assignment until the end of the current school year. ESP employees returning from military leave will be credited with one (or a partial) year's experience for determining salary benefits, rights, and privileges for each year (or partial year) on leave. Upon expiration of the leave, a reservist shall be returned to the work site and group (Paraprofessional) or classification (clerical/other paraprofessional) where he/she previously served.

17.12.3 Reservists must present themselves for duty within 31 days upon release and must make themselves available to report to work no later than 90 days from the date of discharge from active service. Failure on the part of the reservists to return to work after 90 days will be considered as a break in service. Returning reservist must provide the appropriate discharge documents (DD-214) indicating an honorable discharge. Failure on the part of the ESP to submit this verification will invalidate the leave of absence and constitute a break in service. Circumstances surrounding a dishonorable discharge will be considered on an individual basis.

17.13 Military Leave - Voluntary Service

17.13.1 ESP employees who volunteer for military service in the Armed Forces of the United States or the state of Florida are eligible for military leave without pay. Orders for induction must be submitted with the request for leave form. A maximum of four years' leave may be granted unless a state of emergency exist.

17.13.2 ESP employees granted a military leave must, upon their release, present themselves for duty within 31 days and must make themselves available to report to work no later than 90 days from the date of discharge from active service. Returning ESP employees must submit a copy of his/her honorable discharge papers from the service. Failure on the part of the ESP to submit this verification will invalidate the leave of absence and constitute a break in service. Circumstances surrounding a dishonorable discharge will be considered on an individual basis.

17.13.3 ESP employees returning from voluntary military service shall be credited with one (or partial) year's experience for determining salary benefits, rights and privileges for each (or partial) year on leave. Upon expiration of the leave, an ESP shall be returned to the work site and group (Paraprofessional) or classification (clerical/other paraprofessional) where he/she previously served.

17.14 Military Leave - State or National Emergency

17.14.1 ESP employees who volunteer or are drafted for military service in a time of declared national or state emergency are eligible for military leave without pay. Requests for military leave must be accompanied by a copy of the official orders. A maximum of four years of leave may be granted unless the declared state of emergency continues to exist.

17.14.2 ESP employees granted military leave must, upon their release, present themselves for duty within 31 days and must make themselves available to report to work no later than 90 days from the date of discharge from active service. Returning ESP employees must submit a copy of their honorable discharge papers from the service. Failure on the part of the ESP to submit this verification will invalidate the leave of absence and constitute a break in service. Circumstances surrounding a dishonorable discharge will be considered on an individual basis.

17.14.3 ESP employees returning from military leave shall be credited with one (or partial) year's experience for determining salary benefits, rights and privileges for each (or partial) year on leave. Upon expiration of the leave, an ESP shall be returned to the work site and group (Paraprofessional) or classification (clerical/other paraprofessional) where he/she previously served.

17.15 Health Leave

17.15.1 A permanent non-probationary ESP may be granted health leave of six months without pay. A physician's certificate must be submitted with the Request for Leave form. Additional health leaves, up to a maximum of thirty-six months, may be granted with a physician's certification of illness.

17.15.2 The Board shall provide the employee's health and life insurance when the ESP is granted any extended health leave. However, this obligation shall not extend past the end of the fiscal year in which the health leave was initially granted. For leave extending past end of fiscal year, please see Section 24.1.6.

17.15.3 The ESP must notify his/her principal/supervisor three days prior to return to duty from extended health leave. The ESP must present a doctor's release before returning from health leave. If the doctor releases the ESP prior to the expiration of the six months' leave, he/she is expected to return to work immediately following the release and proper notification (one week).

17.16 Educational Leave

17.16.1 ESP employees may be granted educational leave to participate in educational programs beneficial to the employee's growth against his/her present or projected assignment in the Hillsborough County School System. Educational leave shall be without pay and not exceed twelve consecutive months. Only one educational leave can be obtained after three years of employment and thereafter each three year period. Proof of training shall be submitted upon return from leave.

17.17 Maternity/Adoption

17.17.1 Pregnancy shall be considered as any other temporary disability of a non-occupational nature. Upon proper request, any non-probationary permanent employee shall be allowed leave for maternity purposes. The employee may elect to be placed on annual and/or sick leave insofar as such credit is accrued. Leave of absence without pay shall be granted for the remainder of the necessary absence up to six months after the end of the pregnancy. The employee must submit a verification of the date the pregnancy ended.

17.17.2 The Board shall provide the employee's health and life insurance when the ESP is on maternity leave. However, this obligation shall not extend past the end of the fiscal year in which the maternity leave was initially granted. For maternity leave extending past this time, please see Section 24.1.6.

17.17.3 Prior to returning from maternity leave, each employee shall be required to submit a physician's statement verifying that she is physically qualified to resume her normal duties.

17.17.4 Leave may also be granted for adoptive maternity/paternity up to four months. Permanent employees anticipating adoption of a child should submit proper and appropriate verification of intent to adopt with the request for leave.

17.18 Family Health Care

17.18.1 An ESP may be granted a family health care leave of six months without pay. A physician's certificate must be submitted with the Request for Leave form. Additional leaves, up to a maximum of thirty-six months, may be granted with a physician's certification of illness.

17.18.2 The ESP must notify his/her principal/supervisor three days prior to return to duty from leave.

17.19 Personal Leave

17.19.1 An ESP shall be granted a personal leave for one school year or the remainder of a school year upon completion of three years of employment and with a minimum of two weeks notice. One additional year of personal leave may be granted after each three years of employment in the Hillsborough County School System. Such leave shall not be cumulative.

17.19.2 An ESP cannot accept full-time (greater than 20 hours per week) employment while on personal leave unless the spouse is enrolled as a full-time student or is serving on military duty.