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4007 - Leave Policy

Last Updated Date: 05/06/2024

Adoption Date: 05/21/2018

Revision History: Reviewed 12/14/2020

A. Holidays

Holidays

The District observes the following Holidays:

  • New Year's Day
  • Martin Luther King Day
  • Presidents' Day
  • Memorial Day
  • Juneteenth
  • Independence Day
  • Labor Day
  • Thanksgiving Day
  • Day after Thanksgiving
  • Christmas Eve
  • Christmas Day
  • New Year's Eve

Eligibility 

All full-time employees of the District who work 30 or more hours per week are eligible for Holiday pay.  Employees covered by a collective bargaining agreement shall be paid for Holidays in accordance with the terms of their respective collective bargaining agreements.  Holiday pay is included in the salary of all exempt employees who are not covered by a collective bargaining agreement.  Non-exempt employees who are not covered by a collective bargaining agreement will be paid Holiday pay for their regularly scheduled hours.  Eligible employees will not be paid for Holidays which fall outside their contract year or duty year. 

Date of Observance 

When a holiday falls on Saturday, the District observes it on the preceding Friday. If a holiday falls on Sunday, the District observes it on the following Monday. In years where Christmas Day and New Year's Day fall on a Thursday, the Christmas Eve and New Year's Eve holidays will be celebrated on the Friday after Christmas and the Friday after New Year's Day rather than on Christmas Eve and New Year’s Eve. In years where Christmas Eve and New Year’s Eve fall on a Friday, the Christmas Eve and New Year’s Eve holidays will be celebrated the preceding Thursday.   In years where Christmas Eve and New Year’s Eve fall on a Sunday, the Christmas Eve and New Year’s Eve holidays will be celebrated the preceding Friday. Employees must report to work and work their scheduled workday the day before and the day following the holiday to be eligible for a holiday to be paid, unless the absence is pre-approved by the Superintendent or his or her designee.

B. Vacation

Vacation is a benefit of employment with the District which will be administered in keeping with the following policy. 

Eligibility

All full-time employees of the District who work 30 or more hours per week are eligible to accrue Vacation.  Temporary employees employed on an hourly basis and part-time employees shall not be entitled to accrue Vacation.

Monthly Accrual

Eligible employees who are exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (exempt employees accrue Vacation as set forth in their respective collective bargaining agreement.  Eligible non-exempt employees not covered by a collective bargaining agreement shall accrue Vacation in the same manner as the bargaining unit to which they are mirrored as set forth in the Non-Negotiated Salary Schedules and Part Time Hourly Rates Summary adopted by the Board of Education.  Once an employee has accrued the total number of vacation days allotted for the year, monthly accrual will cease until the next contract year.

Maximum Accrual

Eligible employees shall accrue Vacation until they have reached the maximum vacation accrual as set forth in their respective collective bargaining agreement.  Eligible employees not covered by a collective bargaining agreement shall accrue Vacation until they have reached the maximum vacation accrual as the bargaining unit to which they are mirrored as set forth in the Non-Negotiated Salary Schedules and Part Time Hourly Rates Summary adopted by the Board of Education, which is available on the District website.  Eligible employees who reach the applicable maximum vacation accrual shall no longer accrue Vacation. Once the eligible employee's Vacation balance falls below the maximum, accrual shall commence again until reaching the maximum vacation accrual.  The District believes that all eligible employees should vacation each year. If this practice is followed, the accrual of days awarded should not reach the maximum limit.

Minimum Increment 

Eligible exempt employees may request to use accrued vacation time in minimum increments of one-half (1/2) day.  Eligible non-exempt employees may request to use accrued vacation time in a minimum initial increment of one hour with additional increments of not less than 15 minutes.

No Accrual During Leave of Absence

Any eligible employee who is on Family and Medical Leave (except intermittent), Nebraska Family Military Leave, Child-Rearing Leave, Long-Term Health/ADA Leave, Elective Office Leave, or other Board approved Leave of Absence shall not accrue Vacation during such leave.

Creditable Year

In order for a year of employment to count as a year of employment for calculation of vacation, the employee must be on duty the minimum number of days which qualify for a creditable year as defined in Policy 4034.

Use of Vacation 

While employees are encouraged to utilize their vacation throughout the year, vacation may only be taken at a time or at times approved by the Superintendent or designee. Employees must submit a vacation request through the employee self-service online portal at least two weeks in advance whenever possible to their immediate supervisor. The District strongly encourages that vacation requests be for a minimum of one-half day. Approval will be subject to the District and department scheduling requirements and needs. Building Principals and Program Directors are requested to schedule vacation while students are not in school whenever possible.  Requests for vacation while students are in school should be made at least two weeks in advance and require approval of the Principal’s Supervisor.

Payout on Separation from Employment

Accrued but unused vacation will be paid upon separation from employment in keeping with the requirements of the Nebraska Wage Payment and Collection Act.

C. Sick Leave

Sick Leave is a benefit of employment with the District which will be administered in keeping with the following policy.

Eligibility

All full-time employees of the school district shall be eligible to accrue sick leave benefits.  Temporary employees employed on an hourly basis and part-time employees shall not be entitled to accrue sick leave.

Monthly Accrual 

Eligible employees shall accrue Sick Leave as set forth in their respective collective bargaining agreement.  Eligible employees not covered by a collective bargaining agreement shall accrue Sick Leave in the same manner as the bargaining unit to which they are mirrored as set forth in the Non-Negotiated Salary Schedules and Part Time Hourly Rates Summary adopted by the Board of Education, which may be found on the District’s website. 

Maximum Accrual

Eligible employees shall accrue Sick Leave until they have reached the maximum sick leave accrual as set forth in their respective collective bargaining agreement.  Eligible employees not covered by a collective bargaining agreement shall accrue Sick Leave until they have reached the maximum Sick Leave accrual as the bargaining unit to which they are mirrored as set forth in the Non-Negotiated Salary Schedules and Part Time Hourly Rates Summary adopted by the Board of Education, which may be found on the District’s website. Eligible employees who reach the applicable maximum shall no longer accrue Sick Leave. Once the eligible employee's Sick Leave balance falls below the maximum, accrual shall commence again until reaching the Sick Leave accrual maximum.

Minimum Increment 

The District strongly encourages that sick leave requests by exempt employees be for a minimum of one-half day.  The District strongly encourages that sick leave requests by non-exempt employees be for a minimum of 15 minutes.

No Accrual During Leave of Absence

Any eligible employee who is on Family and Medical Leave (except intermittent), Nebraska Family Military Leave, Child-Rearing Leave, Long-Term Health/ADA Leave, Elective Office Leave, or other Board approved Leave of Absence shall not accrue Sick Leave while on such leave.

Use of Sick Leave for Illness of Immediate Family Members

Up to ten days per year of the employee's accumulated sick leave may be used for the illness of an immediate family member. Immediate family member shall be interpreted to include the employee's spouse, parents, child, mother-in-law, father-in-law, brother, sister, son-in-law, daughter-in-law, grandparents, grandparent-in-law, grandchild, aunt, uncle, niece and nephew, or any other individual who is a permanent resident in the employee's home or for whom the employee has specific responsibility.

D. Bereavement Leave

In the event of a death of a full-time employee's immediate family member, (defined as mother, father, brother, sister, spouse, child, aunt, uncle, niece, nephew, cousin, grandparents, grandchild, stepparents, stepchildren, stepsiblings, great grandparents, great grandchildren or similar relationship established by marriage and any other individual who is a permanent resident in the employee's home) the Employee should give notice to the supervisor and Human Resources Department as soon as possible. Exceptions may be granted at the sole discretion of the Superintendent or  designee. 

The District may grant and excuse employees for up to four paid days for bereavement leave. Employees who are required to travel a minimum of 200 miles one way to attend services related to the death of an immediate family member may be granted an additional day of leave. Bereavement leave is limited to making arrangements for or attending services related to the death. The period of time allowed off work will be at the discretion of supervisory personnel in consultation with the Human Resources Department, and will vary with each individual's circumstances. The District will NOT count the excused bereavement pay as time worked for purposes of computing overtime. The employee must submit documentation (e.g. obituary) to the Human Resources Department as soon as practicable.

E. Jury/Election Duty

The District will grant Employees time off for mandatory jury/election duty.  Employees who are called for jury duty or election duty are required to remit to the District any compensation (other than expenses) received for the hours the employee was excused from duty. If such compensation is not remitted to the Accounts Receivable Department, an identical amount will be deducted from the employee's salary.  During the jury duty period, the Employee must report to work any days that employee is not required to appear. The Employee must either return to work or take an appropriate vacation or personal day if released from jury duty during their regular working hours.

F. Family And Medical Leave Of Absence

The Family and Medical Leave Act (the "Act"), requires covered employers to provide up to 12 weeks of unpaid, job protected leave to eligible employees for the following reasons: 

  • For incapacity due to pregnancy, prenatal medical care or child birth;
  • To care for the employee's child after birth, or placement for adoption or foster care;
  • To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or
  • For a serious health condition that makes the employee unable to perform the employee's job. 

Such a leave is referred to in this policy as "FMLA leave." 

This policy defines the terms and conditions of FMLA leave. The Act and the regulations of the Department of Labor shall be referred to for any questions not addressed by this policy. The District shall determine in each case whether an absence qualifies as a FMLA leave. The District has chosen to require the use of paid time off while taking FMLA leave.

Definitions 

"Foster care" is defined as 24-hour care for children in substitution for, and away from, their parents or guardian, in accordance with a placement made by the State or in agreement with the State. 

"Spouse" is defined as a husband or wife as recognized under state law. 

"Parent" is defined as a biological parent, or an individual who stood in loco parentis (had day-to- day responsibilities to care for the employee) when the employee was a child. A parent "in- law" is not considered a "parent" for purposes of family and/or medical leave. 

"Son" or "daughter" or "child" is defined as a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis (has day-to-day responsibilities to care for and financially support the child). The "son" or "daughter" or "child" must be either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability. 

A "serious health condition" is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 full consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. Absent complications or inpatient care, "serious health condition" generally does not include the cosmetic treatments, minor conditions such as the common cold, earaches, headaches, the flu, and so forth, routine doctor's appointments, or treatment with over-the-counter medicines. 

A "health care provider" for purposes of medical certification shall include doctors of medicine or osteopathy, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, state- authorized nurse practitioners, nurse-midwives, clinical social workers, state-authorized physician assistants, and Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts. 

A certification that an employee is "needed to care for" a sick family member includes both physical and psychological care. It includes situations where the family member is unable to care for his or her own basic medical, hygienic, or nutritional needs or safety, and where providing psychological comfort will be beneficial to a seriously ill family member. 

Intermittent or reduced schedule FMLA leave is “medically necessary” when the medical need can be best accommodated through an intermittent or reduced leave schedule. The term “medically necessary” does not include voluntary treatments or procedures. 

An “equivalent position” is defined as a position which has the same pay, benefits and working conditions; involves the same or substantially similar duties and responsibilities which entail equivalent skill, effort, responsibility and authority; is available at the same or a geographically proximate worksite where the employee had previously been employed; and is on the same or an equivalent work schedule. 

FMLA leave for the birth of a child may include necessary prenatal care, or may begin before the actual date of birth of a child if the expectant mother's condition makes her unable to work. FMLA leave for placement of a child may begin before actual placement if an absence from work is required for the placement to proceed.

Eligibility

Employees are eligible for FMLA leave if they have worked for the District for at least twelve (12) months in the last seven (7) years and worked at least 1,250 hours for the District during the twelve (12) months preceding the commencement of the leave.

Duration

An employee's cumulative total of all FMLA leaves of absence under this policy may not exceed twelve (12) weeks in any twelve (12) month period. The twelve (12) month period will be measured on a rolling twelve (12) month period from the date an employee uses any FMLA leave. A husband and wife who are eligible for FMLA leave and are both employed by the District are limited to a combined total of twelve (12) weeks of FMLA leave during any 12-month period if the leave is taken to care of one or more of the employee’s parent with a serious health condition, for the birth of the employee's son or daughter or to care for the child after the birth, or for placement of a son or daughter with the employee for adoption or foster care or to care for the child after placement. FMLA leave for the birth of a child or placement of a child for foster care or adoption, must be completed within one (1) year after the birth or placement.

Intermittent/Reduced Schedule

An employee does not need to use this FMLA leave in one block. FMLA leave may be taken on an intermittent or reduced schedule basis only when the leave is because of a serious health condition, and the intermittent or reduced schedule FMLA leave is shown to be medically necessary. Medical certification of this need will be required. Where the intermittent or reduced schedule FMLA leave is foreseeable, the employee must try to schedule the FMLA leave so as not to unduly disrupt the District operations, and if the employee needs to be absent due to planned medical treatments, the employee may be temporarily transferred to an alternative position with equal pay and benefits for which the employee is qualified and which better accommodates the intermittent or reduced schedule FMLA leave.

Unable/Decline to Return

An employee who is unable or declines to fully return to work upon expiration of FMLA leave and has exhausted all other leave will be considered to have resigned, unless the inability to return is due to a disability under the Americans with Disabilities Act and the employee requests and can reasonably be granted some additional accommodation.

Notice of FMLA Leave

Employees must provide at least 30 days' advance notice of the need to take FMLA leave, when the need is foreseeable, to the appropriate the District representative. When 30 days' notice is not possible, the employee must provide notice as soon as practicable and must comply with the District's normal call-in procedures required for other absences. If less than thirty (30) days' notice is given, the employee must explain why providing timely notice was not practicable. 

Notice must be provided either in writing (for foreseeable FMLA leave only), or by calling (for either foreseeable or unforeseeable FMLA leave). When requesting FMLA leave for the first time for a particular FMLA-qualifying reason, the employee must provide sufficient information for the District to determine if the FMLA leave may qualify for protection under the Act and the anticipated timing and duration of the FMLA leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization, or continuing treatment by a health care provider.  Calling in "sick" is not enough. 

Employees must also inform the appropriate the District representative if the requested FMLA leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave as set forth below. 

The District must inform employees requesting FMLA leave whether they are eligible under the Act. If the employee is eligible, the District’s notice must specify any additional information required as well as the employees’ rights and responsibilities with regard to FMLA leave. If the employee is not eligible, the District must provide a reason for the ineligibility in writing. The District will generally notify an employee in writing within five (5) business days whether the employee is eligible for FMLA leave.

Medical Certification

An employee on leave due to a serious health condition of the employee or a family member, must provide a written medical certification utilizing the fillable US Department of Labor form on the District’s website. The certification must be provided prior to commencement of the FMLA leave when the need for FMLA leave is foreseeable; in any case, it must be provided within fifteen (15) days after FMLA leave is requested. Failure to return the medical certification, absent unusual circumstances, will cause the District to deny the FMLA leave. Where the FMLA leave is due to the employee's own serious health condition, the employee must provide a copy of his or her current job description to the health care provider before obtaining the certification. A copy of the job description will be provided to the employee by the District. The District may require a second and third opinion at the District expense, in accordance with the Act. 

The District shall notify the employee in writing within five (5) business days of receipt of a complete and sufficient medical certification whether the FMLA leave qualifies  under. If the District is unable to determine whether the FMLA leave qualifies under the Act because (a) the medical certification is incomplete or insufficient, or (b) the District requires a second or third opinion, it will notify the employee in writing. The District shall notify the employee in writing if the medical certification is incomplete or insufficient, and state the information needed to cure the deficiency. The employee shall have seven (7) calendar days to cure the deficiencies, or FMLA leave will be denied.

Recertification

Medical recertification must be provided within fifteen (15) days after requested by the District during the FMLA leave. For intermittent or reduced schedule FMLA leave that arises from continuing, open ended conditions, recertification may be requested every six (6) months. In addition, recertification may be requested when (1) there is a significant change in condition, (2) an extension of the FMLA leave is requested, or (3) the District receives information which casts doubt on the continuing validity of the certification.

Failure to Provide Notice/Certification

Failure to provide required notices or certifications may result in a delay in the leave of absence, or loss of the protections provided by the Family and Medical Leave Act.

Salary/Wages

FMLA leave is unpaid, except as follows: 

If the employee has earned but unused Vacation and/or Sick Leave for which the employee is eligible, that time off must be applied concurrently until it is exhausted. 

If the absence is due to a job-related injury, the employee may be covered by workers’ compensation. If workers’ compensation benefits apply, the employee will not be required to apply any earned but unused Vacation and/or Sick Leave but may elect to do so to the extent that the workers’ compensation is less than the employee's regular salary. 

Except as provided above, FMLA leave shall be without pay.

Benefits

During any period of FMLA leave, the District must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work, provided the employee makes timely payment of the employee's share of the premiums. 

Upon return to work, most employees must be restored to their original or equivalent positions with equivalent pay, benefits and other employment terms, unless the employment would have ended even if the employee had not been on leave (for example, if the job has been eliminated due to a staff reduction or reorganization). Use of FMLA leave cannot result in the loss of any employment benefits that accrued prior to the start of an employee's leave. 

During any paid portion of the leave the employee's premiums will continue to be deducted from payroll; otherwise, payments must be delivered to the District. Failure to make premium payments may cause the employee (and covered dependents) to be uninsured during a portion of the leave. No seniority, vacation, sick leave, incentives or other benefits will accrue during the FMLA leave.

Regular Reporting

While on FMLA leave, employees must keep the District informed of their plans to return to work. As  a general rule, the employee must contact the Human Resources Department at least once every two (2) weeks; other reporting schedules may be agreed on between the employee and the Human Resources Department based on the employee's individual circumstances. Reasonable notice (at least two business days, and more if possible) is required prior to returning to work on any date other than the originally scheduled return date.

Fitness for Duty

The District may require an employee to provide it with a sufficient fitness-for-duty certification at the time the employee returns to work or within fifteen (15) days after the employee would have returned to work. The certification must state that the employee may return to work and is able to perform all essential functions of the position. If the fitness-for-duty certification is insufficient or incomplete, the employee shall have seven (7) calendar days to cure the deficiencies. Failure to return a sufficient fitness-for-duty certification in the requisite time period may cause the FMLA leave to be denied, and employment terminated. 

For intermittent or reduced schedule FMLA leave, the District may require a fitness for duty certification as often as every 30 days if the health condition involves a contagious disease, or could reasonably affect the employee's, a co-workers’, or a third party's safety. 

Failure to Return

If the employee fails to return to work for at least 30 days at the end of the approved leave, the employee will be obligated to repay to the District 100% of all health, life, and disability insurance premiums paid by the District during the unpaid portion of the leave. The only exception is where the non-return to work is due to a continued serious health condition (medical certification is required) or other circumstances beyond the employee's control.

Interference 

The FMLA makes it unlawful for any employer to: 

Interfere with, restrain, or deny the exercise of any right provided under the FMLA;

Discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA. 

An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer for enforcement. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

G. Family Military Leave Under the FMLA/NFMLA

It is the policy of the District to grant family military leave under the Family and Medical Leave Act ("FMLA") and under the Nebraska Family Military Leave Act ("NFMLA"), which entitle an eligible employee to take a leave of absence when (1) certain family members in the National Guard or Reserves are on (or have been called to active duty), or active duty service members who are on duty in a foreign country (or called to active duty) and there is a qualifying exigency, (2) when certain family members in the armed forces, National Guard, or Reserves, suffer a serious injury or illness in the line of duty and the employee wants to care for them, or (3) when the employee’s spouse or child has been called to military service scheduled to last 179 days or longer. Such leave is referred to for purposes of this policy as "Family Military Leave." 

This policy defines the terms and conditions of Family Military Leave. The NFMLA and the Department of Labor's regulations shall be referred to for any questions not addressed by this policy.  The District shall determine in each case whether an absence qualifies as Family Military Leave. 

All leave under this policy runs concurrently with any other leave provided for under federal, state or local law. Employees using Family Military Leave must concurrently use Vacation and/or Sick Leave. 

Definitions 

All definitions contained in the FMLA apply to Family Military Leave (excluding the definitions of "son" or "daughter"). Additionally, the following definitions apply to Family Military Leave under the FMLA: 

Active Duty: The term "active duty" means duty under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code. 

Contingency Operation: The term "contingency operation" has the same meaning given such term in section 101(a)(13) of title 10, United States Code. 

Covered Servicemember: The term "covered servicemember" for purposes of military caregiver leave means a member of the Armed Forces, including a member of the National Guard or Reserves, who is on the temporary disability retired list or a veteran who was in active duty in the previous five years, who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation, or therapy, or who is otherwise in outpatient status. A “veteran” is defined as a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable. 

Outpatient Status: The term "outpatient status," with respect to a covered servicemember, means the status of a member of the Armed Forces assigned to a: 

military medical treatment facility as an outpatient; or 

unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. 

Serious Injury or Illness: The term "serious injury or illness," for purposes of military caregiver leave, means an injury or illness incurred by the member in the line of duty or on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in line of duty in the armed forces) that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating. With regard to veterans, because they do not have a current “office, grade, rank, or rating,” the serious injury or illness be one that manifested itself before or after the member became a veteran. 

Son or Daughter of a Covered Servicemember: This term means the covered servicemember's biological, adopted, or foster child, step child, legal ward, or a child for whom the servicemember stood in loco parentis, and who is of any age. 

Parent of a Covered Servicemember: A "parent of a covered servicemember" means the servicemember's biological, adopted, step or foster father or mother, or any other individual who stood in loco parentis to the covered service member. This term does not include parents "in law." 

Next of Kin of a Covered Servicemember: This term means the nearest blood relative, other than the servicemember's spouse, parent, son, or daughter in the following order: blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative for purposes of military caregiver leave. When no such designation is made, and there are multiple family members with the same level of relationship to the covered servicemember, all such family members shall be considered the servicemember's next of kin for these purposes.

Eligibility

To be eligible for Family Military Leave under this policy, an employee must have been employed by the District for at least twelve (12) months in the last seven (7) years and must have worked at least 1,250 hours for the District during the twelve (12) months preceding the commencement of the leave.

Leave Entitlement

Family Military Leave under the FMLA provides an unpaid Family Military Leave of absence for the following reasons: 

Because of any "qualifying exigency" arising out of the fact that the spouse, son, daughter, or parent of an eligible employee is on active duty (or has been notified of an impending call or order to active duty) in the National Guard or Reserves in support of a "contingency operation" (as defined by federal law) or is an active duty member of the armed forces in a foreign country (or has been notified of an impending call or order to duty in a foreign country); and 

An eligible employee is the spouse, son, daughter, parent, or next of kin of a "covered servicemember" who has suffered a "serious injury or illness" and wants to care for the servicemember. 

Under the NFMLA, when an eligible employee’s spouse or child has been called to military service scheduled to last 179 days or longer.

Qualifying Exigency Leave

Employees who have a spouse, son, daughter, or parent called to active duty with the National Guard or Reserves or is an active duty member of the armed forces in a foreign country (or has been notified of an impending call or order to duty in a foreign country) may be entitled to up to 12 weeks of Family Military Leave for a "qualifying exigency." An employee with a spouse, son, daughter, or parent in the armed forces may not take qualifying exigency leave. 

The 12-month period will be measured on a rolling 12 month period from the date an employee uses any FMLA leave. 

Qualifying exigency Family Military L eave may be taken only for the following non-medical, non-routine activities: 

Short-Notice Deployment Activities: If a military member receives seven (7) or less calendar days’ notice prior to the date of deployment, the employee may take up to 7 calendar days of Family Military Leave to address any issue arising from the impending call or order to active duty. The 7 days begins on the date the military member receives the call or order to active duty. 

Military Events and Related Activities: An employee may take Family Military Leave to attend any official ceremony, program, or event sponsored by the military that is related to the active duty or call to active duty status of the military member. The employee may also use qualifying exigency Family Military Leave to attend family support or assistance programs and informational briefings sponsored or promoted by the military, military service organizations, or Red Cross that are related to the active duty or call to active duty status of the military member. 

Childcare and School Activities: The employee may take Family Military Leave for any of the following activities necessitated by the military member's active duty or call to active duty status, or circumstances arising from it to: 

make alternative childcare arrangements for a military member's child; 

provide childcare for a military member's child on an urgent, immediate need basis but not on a routine, regular, or everyday basis; 

enroll in or transfer a military member's child in a new school or day care facility; and/or 

attend meetings with staff at a school or daycare facility. 

Financial and Legal Arrangements: The employee may take Family Military Leave to make or update financial or legal arrangements to address the military member's absence while on active duty or call to active duty status. Family Military Leave may also be granted for the employee to act as the military member's representative before a federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits while the military member is on active duty or call to active duty status, up to a period of 90 days following the termination of the military member's active duty status. 

Counseling Activities: An employee may take Family Military Leave to attend non-medical counseling provided that (1) the need for counseling arises from the military member's active duty or call to active duty status; (2) such counseling is provided by someone other than a health care provider; and (3) the counseling is for the employee, the military member, and/or the military member's child. In the event medical counseling is needed, the employee may be able to take FMLA leave due to the "serious health condition" of the employee or of a military member who is the employee's spouse, parent, or son or daughter as defined in the Act. 

Rest and Recuperation Activities: If a military member is granted short-term, temporary rest and recuperation leave during the period of deployment, an employee may take Family Military Leave from five days to up to a maximum of 15 days, to match the military member’s Rest and Recuperation leave orders. 

Post-Deployment Activities: An employee may take Family Military Leave to attend arrival ceremonies, reintegration briefings and events, and other official ceremony or programs sponsored by the military for a period of 90 days following termination of the military member’s active duty status. The employee may also take leave to address issues that arise from the death of a military member while on active duty status. 

Additional Activities Approved by the District: An employee may only take Family Military Leave for other exigencies if the exigency arises out of the military member’s active duty/call to active duty, and the District agrees as to the leave’s qualification, timing, and duration. 

If an employee uses up his or her 12 weeks of FMLA leave for reasons other than Family Military Leave, the employee may be eligible for additional leave under the NFMLA. 

Military Caregiver Leave

A spouse, son, daughter, parent, or next of kin of a “covered servicemember” who has suffered a “serious injury or illness” and wants to care for the servicemember, is eligible for up to 26 weeks of Family Military Leave in a “single 12-month period.” For purposes of military caregiver Family Military Leave, the single 12-month period applies per servicemember, and per injury/illness. An eligible employee may not take military caregiver leave for an injury or illness that manifests itself after the military discharge, however, the employee may be eligible for FMLA leave under the Act if the servicemember is a parent, spouse or child, and the ailment qualifies as a “serious health condition.” 

During the single, 12-month period, caregiver Family Military Leave is combined with FMLA leave and the total cannot exceed 26 weeks. If the requested leave qualifies as both caregiver Military Family Leave and FMLA leave to care for a family member with a serious health condition, it will be counted as military caregiver leave first.

Intermittent/Reduced Schedule

Qualifying exigency Family Military Leave may be taken intermittently or on a reduced schedule basis. Family Military Leave taken to care for a covered service member with a serious injury or illness may be taken intermittently or on a reduced schedule basis only when medically necessary. Medical certification of this need will be required. Where the intermittent leave or reduced schedule is foreseeable, the employee must try to schedule the Family Military Leave so as not to unduly disrupt the District's operations, may be temporarily transferred to an alternative position with equal pay and benefits for which the employee is qualified and which better accommodates the intermittent or reduced schedule Family Military Leave.

Notice of Family Military Leave

An employee requesting a Family Military Leave of absence must notify the Human Resources Department as far in advance as practicable, or within the same timeframe required for other absences. The employee should make reasonable efforts to schedule Family Military Leave so as to not disrupt the District operations. The employee must provide sufficient information as to the reason for the Family Military Leave to enable the District to determine eligibility for Family Military Leave, and must provide information as to the expected duration of the Family Military Leave. When requesting subsequent Family Military Leave for the same particular exigency related to the same military member, or the same injury/illness for the covered servicemember, the employee must specifically reference the qualifying reason or state "Family Military Leave." 

The District will notify an employee in writing within five (5) business days whether he or she is eligible for Family Military Leave. If eligible, the District will also notify the eligible employee of their rights and responsibilities with regard to Family Military Leave.

Certification

An employee requesting any form of Family Military Leave must provide written proof of the military member's military status, and call to duty or deployment information, on a form adopted by the District to determine whether the leave is FMLA-qualifying. For qualifying exigency Family Military Leave, the employee must also provide a signed statement and description of facts for each particular exigency. For caregiver Family Military Leave, the employee must provide certification of the covered service member’s serious injury/illness. These requirements may be waived by the Human Resources Department in cases of emergency or where both the need and the timing of the Family Military Leave are obvious. These certifications must be provided prior to commencement of the Family Military Leave when the need for Family Military Leave is foreseeable; in any case, it must be provided within fifteen (15) days after it is requested. Failure to return the required certification, absent unusual circumstances, will cause the District to deny the Family Military Leave. 

A certification of active duty will remain in effect for the dates of the military member's active duty status for the contingency operation. A certification of a particular exigency will remain in effect for the duration of that exigency. 

The District shall notify the employee within five (5) days of receipt of a complete and sufficient certification whether the leave is FMLA-qualifying. If the District is unable to determine whether the leave is FMLA qualifying because the certification is incomplete or insufficient, the District shall notify the employee in writing, and state the information needed to cure the deficiency. The employee shall have seven (7) calendar days to cure the deficiencies, or Family Military Leave may be denied.

Failure to Provide Notice/Certification

Failure to provide required notices or certifications may result in a delay in the leave of absence, or loss of the protections provided by the Family and Medical Leave Act or NFMLA. 

Regular Reporting

While on Family Military Leave, employees must keep the Human Resources Department informed of their plans to return to work. As a general rule, the employee must contact the Human Resources Department at least once every two (2) weeks; other reporting schedules may be agreed upon between the employee and the Human Resources Department based on the employee's individual circumstances. Reasonable notice (at least two business days, and more if possible) is required prior to returning to work on any date other than the originally scheduled return date.

Compensation During Family Military Leave

Family Military Leave is unpaid, except that employees who have earned Vacation and/or Sick Leave must use such leave concurrently with their Family Military Leave until such paid leave is exhausted. If the District's Vacation and/or Sick Leave policies impose lesser notice requirements than this policy, the lesser requirements will apply during the period of paid time off. 

Benefits

The employee's group health, life and other insurance (if participating) will remain in effect throughout the Family Military Leave period on the same basis as if the employee were not on leave. During any paid portion of the leave, the employee's premiums will continue to be deducted from payroll. To the extent that payroll does not cover the employee's share of premiums, payments must be delivered to the Accounts Receivable Department. Failure to make premium payments may cause the employee (and covered dependents) to be uninsured during a portion of the leave period. No seniority, sick, vacation other benefits will be earned during the Family Military Leave; however, if the employee is concurrently using vacation or personal leave, then the District's policy for employees using vacation will apply.

Return to Work

Upon return to work, the employee will be restored to his or her prior job, or an equivalent position with equivalent pay, benefits and other terms and conditions, unless the employment would have ended even if the employee had not been on leave (for example, if the job has been eliminated due to a staff reduction or reorganization).

Unable/Decline to Return

An employee who is unable or declines to fully return to work upon expiration of Family Military Leave will be considered to have resigned.

Non-Discrimination

An employee who is unable or declines to fully return to work upon expiration of Family Military Leave will be considered to have resigned at the documented conclusion of the Family Military Leave.

Non-Discrimination 

The District will not discharge, fine, suspend, expel, discipline, or in any other manner discriminate against any employee who exercises any right provided under the FMLA, NFMLA, or this policy.

H. Personal Leave

Each full-time employee who works 30 or more hours per week shall be granted three (3) personal days per year (one and one-half days per semester for first year employees). Requests for Personal Leave must be approved by the principal or the employee’s immediate supervisor. Approval will be subject to the District and department scheduling requirements and needs. Personal Leave cannot be utilized during the first five student contact days, the last ten contracted days, or on days immediately preceding or following a District observed holiday.  Full-time non-exempt employees may request to use accrued personal time in a minimum initial increment of one hour with additional increments of not less than 15 minutes. 

Maximum Accrual 

Employees may carry over unused personal leave from one school year to the next. However, an employee may only have a maximum personal leave balance of three (3) days. Employees who carry over personal leave shall only receive such additional personal leave days at the beginning of each school year as necessary to reach the maximum of three (3) days. Employees who carry over three (3) personal leave days shall not receive any additional personal leave days. 

Payout on Separation from Employment 

Accrued but unused personal leave will be paid upon separation from employment in keeping with the requirements of the Nebraska Wage Payment and Collection Act.

I. Other Personal Leaves

On rare occasions, employees may request an unpaid leave for personal circumstances not covered by any other the District policy. The Board of Education retains sole discretion for granting or denying approval for other personal leaves in excess of 5 days. The District will base its approval upon consideration of the reason for the request, the benefit to the District of such leave and the District's operational needs. Requests for such leaves shall be submitted in writing to the Superintendent or his or her designee. 

Vacation and Sick Leave Accrual during Leave of Absence 

Any otherwise eligible employee who is on a Board approved leave of absence shall not accrue Vacation or Sick Leave while on a leave of absence.

J. Absenteeism And Tardiness

The District expects that every employee will be regular and punctual in attendance. Absenteeism and tardiness places a burden on other employees and on the District. 

Employees may not be absent from their respective facility during duty hours, except by permission from the principal or their immediate supervisor. 

Employees who are unable to work owing to illness or an accident, should use the absence reporting system for their position, and if there is none, must promptly notify their principal or supervisor. In the event the principal or immediate supervisor is unavailable, employees should contact Human Resources. Failure to notify the principal, supervisor or Human Resources as the case may be for three consecutive days will be considered resignation of employment. Employees who become ill at work or must leave for some other reason before the end of the workday must inform the principal or their immediate supervisor. 

A substitute teacher may not be employed by a teacher to take over assigned duties, nor in any instance may a teacher make personal arrangements to pay a substitute. 

Excessive absenteeism, or excessive tardiness, will result in disciplinary action up to and including discharge.

K. Military Leave

Any employee called to active service shall be eligible for military leave in accordance with Nebraska Revised Statute 55-160 and the Uniformed Services Employment and Reemployment Rights Act. Military leave will be granted to the extent required by state and federal law.  Employees requesting military leave must notify the Superintendent or designee as soon as they receive notification of activation. Employees are to attach a copy of their orders to a District leave request form when they prepare the request for military leave. 

Family Military Leave will be provided in accordance with the NFMLA as set forth in Section G of this policy.

L. Adoption Leave

Adoption leave will be permitted to be taken by an adoptive parent for the same time and on the same terms as an employee is permitted to take a leave of absence upon the birth of the employee's child. 

The adoptive parent leave of absence begins following the commencement of the parent-child relationship. The parent-child relationship commences, for purposes of adoption leave, when the child is placed with the employee for purposes of adoption. The employee shall be deemed to have waived any adoptive leave days not taken following the commencement of the parent-child relationship, except as the Superintendent or designee and the employee may otherwise agree. Advance notice of an anticipated adoption shall be provided by the employee to the Superintendent or designee as soon as possible. 

M. Religious Holiday Policy

Employees who desire to observe a religious holiday occurring during the school year are required to use available personal or other eligible leave. Employees who have exhausted personal or other eligible leave may be granted time off without pay to observe a religious holiday, provided such leave does not pose an undue hardship on the District.  Employees who have exhausted their personal or other eligible leave to observe a religious holiday may submit a request to Human Resources for unpaid leave to attend to personal matters that cannot be resolved at any time other than during the school day.

Legal Reference:
29 USC 2611 to 2618 and
29 CFR Part 82
Neb. Rev. Stat. 55-160 to 55-166;
Neb. Rev. Stat. 55-501 to 55-507
29 U.S.C.A. 2611, et seq. and 29 CFR Part 825
38 USC Sections 4301 to 4333 and 20 CFR Part 1002
Neb. Rev. Stat. 48-234

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