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At the beginning of each contract or fiscal year as appropriate, all full-time employees shall be credited with an advance sick leave allowance of 12 days. Persons employed by the school district as part-time employees shall receive proration of 12 days. Said sick leave can only be used by the employee or the employee's dependent children under the age of 18 years old for personal illness, injury, surgery or pregnancy or as designated in the appropriate negotiated agreement. Sick leave shall accumulate from year-to-year up to a maximum as allowed by law.
Sick leave for employees on the monthly salary rate shall accrue cumulative to the length of contract. Full time employees on the monthly salary rate employed less than a full continuous year shall be entitled to a proportionate sick leave.
Transfer of said sick leave between districts in the state and payment for unused sick leave upon death or retirement and payment which may be made each January to eligible employees shall be in accordance with state statutes, rules and regulations.
The district reserves the right to request a doctor's certificate for sick leave absences according to negotiated agreement.
If an employee is absent without leave, a deduction of the full amount of the employee's salary shall be made for each day's absence, beginning with the first day. Disciplinary action may be taken.
In case an employee is absent because of illness in the immediate household, the cost of a substitute shall be deducted for a period not to exceed three working days for one illness. Full salary shall be deducted for each day beyond three. A full salary deduction for each day shall mean the employee's determined per diem rate.
In the event of a death in the immediate family of a staff member an absence of up to five days may be permitted without any deduction from salary.
The immediate family of a staff member shall be considered a spouse, parent brother, sister, child, grandparent, or grandchild by blood, marriage, or legal adoption.
Subpoena and Jury Duty
Any employee who is subpoenaed to appear in court, or is called for jury duty shall have deducted from his/her pay only that amount which he/she earns while serving in that capacity.
Leave of Absence
Leave without pay may be granted to any certificated employee.
Application for such leave must be made to the superintendent or his/her designee. Leaves recommended by the superintendent require board approval before they may be granted.
Except in unusual circumstances such leave shall be granted for a full semester or more. Requests for fractions of a year shall be considered on the basis of circumstances and the availability of replacements.
Application for such leave must be made on or before April 15 of the school year. The superintendent may accept applications later than this date for a valid reason. By April 15 of the year of a full year's leave the certificated employee on leave shall give written notice to the superintendent or his/her designee of their plan to return to the district. In cases of failure to provide notice of return, it shall be deemed that the certificated employee has resigned. Such leave may be extended by the board, upon the recommendation of the superintendent, if the certificated employee on leave requests the extension on or before April 15 of the year of the leave.
The certificated employee returning from leave shall not necessarily be assigned to the identical position occupied before the leave, but as much as possible, to a position equivalent before the leave; except that with the concurrence of the parties, the certificated employee may be assigned to a position of greater responsibility or increased duties.
Each certificated employee shall be allowed a contractually limited number of days per year emergency leave without deduction from salary, to be deducted from sick leave.
Conditions for granting emergency leave are as follows:
- The situation shall be of such a nature that generally preplanning by the employee is not possible, one which is serious, essentially unavoidable and of importance; not one of mere convenience.
- Some examples of situations that qualify for emergency leave are:
- Serious illness in the immediate family,
- Legal or business obligations that cannot be conducted at another time and requires the employee's attendance,
- Birth of a child for a male employee,
- Threat to an employee's property (flooding, storm, fire, etc.),
- Extension of bereavement because of special circumstances, that is, travel conditions and/or distance,
- Other emergency events which require time away from assigned duties and which are beyond the control of the employee or which cannot reasonably be anticipated or avoided and fall under the definition above.
- The employee shall call the substitute caller and shall at that time identify the situation and state that he/she shall be using emergency leave.
Emergency leave, without any deduction from salary, may be determined and granted by the superintendent or his/her designee for days in excess of days granted above.
Child Care Leave
Certificated staff members who become pregnant or who are legally adopting a preschool child (5 years or younger) may request child care leave.
An employee may request long term child care leave without compensation for not more than one school year.
Military leave shall be granted in accordance with law to personnel who are required to serve in the armed forces of the United States or the State of Washington in fulfillment of obligations incurred under selective service laws or because of membership in reserve units of the armed forces or the National Guard.
Military leave shall be scheduled whenever possible during non-contracted days.
Temporary Disability Leave
Employees who are physically unable to perform the functions of their position for medical reasons may request a temporary disability leave.
The policies outlined in this section may change in accordance with state statutes or negotiated agreements.
The District authorizes a leave sharing program that permits district employees to donate annual leave and/or sick leave to a fellow district employee who meets one of the following qualifying conditions: (1) the employee is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment or physical or mental condition; or (2) the employee has been called to service in the uniformed service, any of which has caused or is likely to cause the fellow district employee to take leave without pay or terminate his or her employment. The shared leave policy will be administered in accordance with the definitions and procedures outlined in GCBD-R.
Annual Leave – "Annual leave" means vacation leave that an employee accrues and is maintained in the records of the District.
Sick Leave – "Sick leave" means leave granted to an employee for the purpose of absence from work with pay in the event of illness, injury, and emergencies as authorized in RCW 28A.400.300 (2) (c), and as regulated by the District's policy and procedures in effect at the time.
Employee – "Employee" means any District employee entitled to use and accrue annual and/or sick leave.
District – "District" means the Lake Washington School District.
Leave Recipient – "Leave recipient" means a current employee who has an approved application to receive shared leave compensation.
Leave Donor – "Leave donor" means an employee who has an approved written request for the transfer of annual or sick leave to the shared leave program.
Employee's Relative – For the purpose of this policy and procedure, "employee's relative" means the leave recipient's spouse, Washington State-registered domestic partner, child, stepchild, grandchild, grandparent, parent, sibling, or other close relative by blood or marriage.
Household Members – For the purpose of this policy and procedure, "household members" means those persons who reside in the same home as a family unit. This term shall include foster children and legal wards even if they do not live in the household. The term does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune.
Extraordinary or Severe – "Extraordinary or severe" means serious or extreme and/or life threatening.
Service in the Uniformed Services – "Service in the uniformed services" means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty including state-ordered active duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.
Uniformed Services – "Uniformed services" means the armed forces, the Army National Guard, and the Air National Guard of any state, territory, commonwealth, possession, or district when engaged in active duty for training, inactive duty training, full-time National Guard duty, or state active duty, the commissioned corps of the Public Health Service, the Coast Guard, and any other category of persons designated by the president of the United States in time of war or national emergency.
The terms used in this policy shall generally be given the same meaning as provided in WAC 92-126 and RCW 41.04.650 through RCW 41.44.665.
NOTE: Professional-Technical Employees should refer to their Employment Handbook for appropriate policy information.
RCW 28A.400.210 through 28A.400.300
WAC 392-136, generally
LWEA Contract, Articles XXI and XXXIII