2280

BENEFITS AND EMPLOYMENT

2280 

3800

3800

4800

4800

Please note: The reader must consult both the DPI Benefits and Employee Manual and the Board Supplement for complete information regarding Board approved leave policies.

It is the policy of the Wake County Board of Education to comply with the benefits and employment policies promulgated by the State Board of Education in the most current edition of the Public Schools of North Carolina Benefits and Employment Policy Manual, as supplemented by local board policy.  In referring to both the Department of Public Instruction (DPI) Benefits and Employment Manual and the supplemental local board leave policies, the reader will find that the DPI numbering scheme has been retained throughout for ease in locating a particular policy.  

To access both the DPI Benefits and Employment Manual and the local supplement on-line, the reader will need to access each section separately.  A direct link is provided to each section on-line in the Table of Contents for Board Policies.  To access the DPI Benefits and Employment Manual directly, the web address is http://www.ncpublicschools.org/benemanual/.

Recognizing that the State Board updates and revises its policies from time to time, it is the intent of the Wake County Board of Education to include as a part of its policy all such future modifications by the State Board and the Department of Public Instruction.  Accordingly, when the reader is referring to a printed manual, the reader is advised to confirm that the copy in the manual tracks the current on-line version. 

In the event that changes to State or federal law or regulation conflict with current State Board or local board policies, the Wake County Board of Education intends that its benefits and employment policies shall be modified to the extent necessary to comply with current law until such time as conforming changes to State Board and/or local board policies are made.

Revised: August 17, 1998

Revised: September 27, 1999

Revised: June 25, 2002

Revised: December 20, 2005

TABLE OF CONTENTS

I

STATE BOARD POLICIES

SECTION

DEFINITIONS

01.1

HOLIDAY LEAVE

PAID LEGAL HOLIDAYS

02.1

BONA FIDE RELIGIOUS HOLIDAYS

02.2

ANNUAL VACATION LEAVE

ANNUAL VACATION LEAVE EARNED

03.1

ANNUAL VACATION LEAVE FOR CATASTROPHIC ILLNESS

03.2

ANNUAL VACATION LEAVE FOR NEW PARENTS

03.3

BONUS VACATION LEAVE

03.4

 SICK LEAVE

SICK LEAVE EARNED

04.1

EXTENDED SICK LEAVE

04.2

VOLUNTARY SHARED LEAVE

04.3

VOLUNTARY SICK LEAVE BANK

04.4

DISABILITY INCOME PLAN

04.5

PERSONAL LEAVE

05.1

EDUCATIONAL/PROFESSIONAL LEAVE

EDUCATIONAL LEAVE

06.1

PROFESSIONAL LEAVE

06.2

CIVIL RESPONSIBILITY LEAVE

COMMUNITY RESPONSIBILITY

07.1

JURY DUTY

07.2

COURT ATTENDANCE

07.3

ELECTED OFFICIALS

07.4

PARENTAL/FMLA LEAVE

PARENTAL LEAVE WITHOUT PAY

08.1

FAMILY MEDICAL LEAVE ACT OF 1993 (FMLA)

08.2

PARENTAL INVOLVEMENT IN SCHOOLS LEAVE

08.3

OTHER LEAVE

COMPENSATORY LEAVE (FLSA)

09.1

WORKERS COMPENSATION LEAVE

09.2

EPISODE OF VIOLENCE

09.3

CONTAGIOUS DISEASE

09.4

SUSPENSION WITH PAY

09.5

OTHER LEAVES WITHOUT PAY

09.6

MILITARY LEAVE

SHORT-TERM MILITARY LEAVE

10.1

MILITARY LEAVE FOR EXTENDED ACTIVE DUTY

10.2

CIVIL AIR PATROL

10.3

STATE DEFENSE MILITIA

10.4

SUBSTITUTES

TEACHER SUBSTITUTES

11.1

SUBSTITUTES FOR NON-INSTRUCTIONAL PERSONNEL

11.2

INTERIM/REPLACEMENT EMPLOYEE

12.1

LONGEVITY

LONGEVITY

13.1

CREDITABLE SERVICE (LIST)

13.2

NON-CREDITABLE SERVICE (LIST)

13.3

TENURE/CONTRACTS

PROBATIONARY TEACHERS

14.1

CAREER STATUS (TENURE)

14.2

ADMINISTRATOR TERM CONTRACT LAW

14.3

            CONTRACTS

14.4

            AT-WILL EMPLOYEES

14.5

THE SCHOOL CALENDAR

15.1

RETIRED EMPLOYEES

     EMPLOYMENT OF RETIRED TEACHERS EXEMPT FROM      EARNINGS CAP

16.1

     EMPLOYMENT OF RETIREES SUBJECT TO THE EARNINGS CAP                

16.2

JOB SHARING FOR SCHOOL EMPLOYEES                

17.1

II

SUPPLEMENTAL LOCAL POLICIES

The following State Board Policies are supplemented by local board policy:

Section 01

01.1                  Definitions

Section 02        (None)

Section 03

03.1                  Annual Vacation Leave Earned

03.2                  Annual Vacation Leave for Catastrophic Illness

03.3                  Annual Vacation Leave for New Parents

03.4                  Locally Earned Annual Leave

Section 04

04.1                  Sick Leave Earned

04.2                  Extended Sick Leave

04.3                  Voluntary Shared Leave

04.4                  Voluntary Sick Leave Bank

Section 05        (None)

Section 06

06.1                  Educational Leave

06.2                  Professional Leave

Section 07

07.3                  Court Attendance

Section 08

08.1                  Parental Leave without Pay

08.2                  Family and Medical Leave

08.3                  Parental Involvement in Schools Leave

Section 09

09.1                  Compensatory Leave (Fair Labor Standards Act)

09.2                  Workers’ Compensation Leave

09.3                  Episode of Violence

09.4                  Contagious Disease

09.6                  Other Leaves Without Pay

Section 10

10.1                      Short-term Military Leave

10.2                      Military Leave for Extended Active Duty

Section 11

11.1                 Teacher Substitutes

Section 12

12.1                 Interim/Replacement Employee

Section 13

13.1                      Payment

Section 14

14.3                 Administrator Term Contract Law

Section 15

15.1                 The School Calendar

Section 16(None)

Section 17(None)

Section 20 Excessive Absenteeism

This section supplements the State Board of Education policies found in the Public Schools of North Carolina Benefits and Employment Policy Manual. It is the policy of the Wake County Schools Board of Education to comply with the policies of the State Board, as supplemented by these local board policies.

Please consult both the current State Board policy and these local board policies when reviewing a particular benefit or employment topic.  Instructions for obtaining the most current version of the State Board policies can be found on the first page of this section.

In the event that changes to state or federal law or regulation conflict with current State Board or local board policies, the Wake County Board of Education intends that its benefits and employment policies shall be modified to the extent necessary to comply with current law until such time as conforming changes to State Board and/or local board policies are made.

01.1  

DEFINITIONS

1.1.2

Part-time Employee

Any permanent employee who works at least 20 hours per week will also earn leave on a pro rata basis.

1.1.5

Instructional Personnel

For restrictions on use of Annual Vacation Leave see §3.1.3(d).

1.1.8

Units of Leave:

Leave will be recorded in one-half or whole day units. An employee who is absent less than one-half day shall be charged with the use of one-half day of leave; if an absence is more than one-half day but less than one full day, one day of leave shall be charged.

1.1.9

Immediate Family

Notwithstanding §1.1.9, where FMLA is applied, the definition of immediate family is restricted to employee’s spouse, son, daughter, or parent with a serious health condition. See §8.2.3(c).

03.1  

ANNUAL VACATION LEAVE EARNED

3.1.2

Eligibility and Rate of Earning:

A single individual working in more than one position for the school district may not earn more than the benefits allowed for one full-time position, regardless of whether the separate positions the employee holds are part-time or full-time.

03.1.3

Use of Annual Vacation Leave:

(b)

Approval: Wake County Public School System is required to maintain leave records for each employee. It is the responsibility of each employee to request leave on Form 1500, Request for Leave, and the responsibility of the employee’s immediate supervisor to approve and verify that the leave record is accurate. Vacation requests do not need to be sent to the human resources office. The employee’s immediate supervisor is responsible for maintaining leave records.

Requests for annual vacation leave should be submitted on Form 1500 to the immediate supervisor and approved prior to the vacation. An employee should not call in to say that he/she has decided to take vacation that day. (Exception: Emergency or illness in which employee elects to use annual vacation leave in lieu of some other form of leave.)  Absences for which an employee has not received approval in advance may be grounds for dismissal.

Annual vacation leave shall not be used to extend the term of employment.

(c)

Units of Leave: Leave is to be used in one-half or whole day units. An employee who is absent less than one-half day shall be charged with the use of one-half day of leave; if an absence is more than one-half day but less than one full day, one day of leave shall be charged.

(k)

Leave Deficit: An employee who has neither earned nor will earn sufficient annual leave to cover any scheduled vacation day in the school calendar will be placed on leave without pay for that day.

  (l)

Vocational and technical education teachers: Vocational and technical education teachers who are employed for 11 or 12 months may, with prior approval of the principal, work on annual vacation leave days designated in the school calendar and may use those annual vacation days during the eleventh or twelfth month of employment.

(m)

Employees holding both full and part-time positions: Leave earned in a full-time position may only be used in the full time position. Leave benefits earned in the full-time position may not be applied to any current or subsequent part-time position.

(n)

Instructional employees in specialized programs:  Notwithstanding policy, instructional personnel, including teacher assistants, who teach in specialized programs such as art, music, physical education, drama, dance, etc., for which their attendance is necessary for a minimum of eleven (11) months may use annual vacation leave on days when students are in class, provided they have obtained written permission from their principal prior to taking the leave.

03.2

ANNUAL VACATION LEAVE FOR CATASTROPHIC ILLNESS

3.2.1

Benefit:

Leave under this section may run concurrently with Family and Medical Leave (See Board Policy 3800, section 08.1) where consistent with law and board policy.

03.3  

ANNUAL VACATION LEAVE FOR NEW PARENTS

3.3.1

Annual Vacation Leave for New Parents:

(c)

Leave under this section may run concurrently with Family and Medical Leave (See Board Policy 3800, section 08.1) where consistent with law and Board policy.

03.4  

LOCALLY-EARNED ANNUAL LEAVE FOR ADMINISTRATORS HIRED FROM OUTSIDE OF NORTH CAROLINA OR FROM A COMPARABLE FIELD

3.4.1    

Locally-Earned Annual Leave:

(a)

Purpose:  It is the intent of the Wake County Board of Education to enhance recruitment strategies for attracting experienced out-of-state or comparable field administrators. This will be done by recognizing years of service in the field and applying that service to annual leave earnings in the Wake County Public School System.

(b)

Eligibility:  Upon request, an individual will be qualified to earn local annual leave days if he/she is hired as a principal, director, assistant superintendent, associate superintendent, or superintendent, with the prior written approval of the superintendent/designee.

(c)

Experience Credit: Years of experience will be derived from the licensure rating as determined by the Division of Licensure of the North Carolina Department of Public Instruction, or administrative review of the employee’s work history.

(d)

Earning Rate:  Once qualifying experience has been determined, the annual leave earning rate will be determined from the leave regulations adopted by the State Board of Education.

(e)

Amount:  At the beginning of each school year, the employee will be advanced the maximum amount that could be earned for that category of years of experience, not to exceed 24 days. Unused days do not carry forward to succeeding school years.

(f)

Use:  State-earned annual leave must be exhausted before local annual leave may be taken.

(g)

Limitations:  Upon separation from employment with the Wake County Public School System, an employee may only be paid for unused state annual leave.  Any local leave which the employee has earned will revert to the school system’s general fund.

04.1

SICK LEAVE EARNED

04.1.1

Eligibility and Rate of Earning:

(c)

Units:  Sick leave must be used in one-half or whole day units. An employee who is absent less than one-half day shall be charged with the use of one-half day of leave; if an absence is more than one-half day but less than one full day, one day of leave shall be charged.

04.1.2

Purposes for Which Sick Leave May be Used:

(a)

Notwithstanding contrary provisions in this section of the State Board policy, sick leave may be used only to supplement workers’ compensation payments; it may not be used in lieu of such payments.

(e)

Length of Leave for Death in the Immediate Family: The length of leave granted for illness or death in the immediate family is normally from three to five days; however, individual circumstances may dictate shorter or longer leaves for this purpose. It is the responsibility of the employee to communicate with his/her supervisor regarding the need for this leave and its length.

04.1.3

Verification of Need for Sick Leave: Unless waived by the employee’s supervisor, absences of more than three (3) days duration must be supported by a physician’s statement or other acceptable proof that the employee was unable to work due to personal illness, medical appointment, or illness or death in the immediate family.

(a)

Procedure for Reporting Absences: 

(1)        Sick leave usually cannot be requested in advance.  An employee should follow his/her supervisor’s instructions for reporting absences and should submit a written leave form (Form 1500) immediately upon returning to work.

(2)        If the sick leave is for a scheduled appointment, it should be requested via Form 1500 as far in advance as possible. Whenever possible, employees should give thirty (30) days advance notice of plans to take sick leave for purposes of elective medical or surgical procedures, including childbirth.

(3)        An employee who does not timely call in to report his/her absence may be subject to disciplinary action.

(4)        An employee who repeatedly fails to call his/her supervisor in a timely manner when absent jeopardizes his/her job and shall be subject to disciplinary action up to and including dismissal.

(5)        In an emergency situation beyond an employee’s control in which the employee is unable to notify the school of an unforeseen extended absence, the employee’s immediate supervisor must be notified by the seventh day of absence. If an employee is absent for seven (7) consecutive days without notification to the supervisor, the employee shall be deemed to have abandoned his/her job and shall immediately be subject to dismissal.

(6)        When an employee calls in or otherwise reports his/her absence, the supervisor should ascertain whether the absence is for an FMLA-qualifying reason.  (See section 08.2.3). If it is, the supervisor shall immediately advise the employee that the leave will be counted toward the employee’s FMLA leave entitlement, and shall further ensure that the employee receives timely written notice of the same. All FMLA-qualifying absences must be reported to the Human Resources Office on the appropriate form.

04.2

EXTENDED SICK LEAVE

04.2.2

Eligibility:

(a)

Use: Central office-based personnel, including centrally- based teachers, are not eligible for extended sick leave or personal leave. 

(b)

Approval: Extended sick leave must be requested (it is not extended automatically), and the request must be accompanied by a physician’s statement. Unlike sick leave, extended sick leave cannot be used to attend to a child’s or spouse’s illness, etc. Accumulated sick leave must be exhausted before extended sick leave is granted.

04.2.3

Deduction:

Notwithstanding the language contained in this section of the State Board Policy, the amount of the standard deduction for substitutes for employees on extended sick leave shall be as set by the State Department of Public Instruction at the time such leave is taken.

04.3

VOLUNTARY SHARED LEAVE

04.3.3

Application for Voluntary Shared Leave:

The superintendent or his designee shall approve or disapprove all requests for receipt of donated leave based on all relevant circumstances, including but not limited to, whether a request was made in a timely manner.

04.3.4

Donation of Leave:

(d)

Donor Application:  Donor application forms are available from supervisors and from the human resources office.

(g)

Donor Compensation: The donating employee may not receive compensation in any form for the donation of leave. Acceptance of remuneration for the donated leave will result in dismissal.

(h)

Eligibility to Donate Leave:  Only permanent employees on active payroll status are eligible to donate leave.

4.3.5

Length of Leave:

(c)

All donated leave must be used in one-half or whole-day units.

04.4

VOLUNTARY SICK LEAVE BANK        

04.4.1

Establishing a Voluntary Sick Leave Bank:

The Wake County Board of Education has not established a voluntary sick leave bank. 

06.1

EDUCATIONAL LEAVE

06.1.2

In-service School Projects

Mentor and initially licensed teachers (ILT)in-service events directly related to the Initially Licensed Program (ILP)fall under this provision. Therefore, the affected employees shall retain full salary for such time.

06.1.5

Other Educational Leave:

(a)

Eligibility Criteria:  An employee who otherwise meets eligibility criteria (see 06.1.1) is eligible to request educational leave after successful completion of four (4) consecutive years of service in the Wake County Public School System. Earlier consideration for educational leave may be given if the education or credential sought is related to an area of critical need in the system. Educational leave may be denied if the Superintendent or designee believes granting the leave would not be in the best interests of the school system.

(b)

Conditions of Leave: Except as provided in 06.1.2-.4, educational leave is non-paid. Except as provided below, educational leave may not exceed one (1) year in duration. Non-paid educational leave in order to participate in the Principal Fellows Program may not exceed two (2) years in duration. A person granted educational leave must be responsible for obtaining information and making necessary individual arrangements for continuation of retirement, hospitalization and benefits during the leave of absence. The school system will continue to make monthly matching contributions to the State Retirement System for an employee on approved leave under this policy, but only if the employee makes a request in writing to the assistant superintendent for human resources – staffing and development before the leave begins.

(c)

Notification and Reinstatement: Application for educational leave must be approved by the immediate supervisor and submitted to human resources prior to May 15 of the school year preceding the proposed leave. By May 15 of the year in which the leave is taken, the employee must notify human resources of his/her intent to return. Employees enrolled in the Principal Fellows Program must notify human resources of their continued enrollment in the Principal Fellows Program by May 15.  Additionally, by May 15 of their second year, they must notify human resources of their intent to return to Wake County Public School System. Educational leaves of shorter duration require thirty (30) calendar days written notice of the employee’s interest to return. If appropriate written notification is received, reemployment will be assured following the leave.  However, while employment is guaranteed upon the employee’s return, it may not necessarily be the same position, school, or grade level. Nothing in this section prohibits the Superintendent or designee from making exceptions based on compelling reasons.

06.2

PROFESSIONAL LEAVE

06.2.5

Procedure for Taking Professional Leave for Meetings and Workshops:

Professional leave for meetings and workshops must be approved by the immediate supervisor. The Request for Leave form with the budget code provided should be sent directly to compensation services if the school is paying for the substitute.  If the substitute is to be paid by another budget manager in the system, the Request for Leave form should be sent to the manager who will provide the funds for the substitute. The budget manager will provide the budget code and forward the form to payroll.  If the professional leave request is for an activity other than staff development, the form should be sent to human resources with the appropriate budget code if a substitute is being provided.

If the substitute is to be paid by an agency outside of the Wake County Public School System, the complete name and address should be provided so compensation services can invoice the agency for the cost of the substitute.

7.3

COURT ATTENDANCE

07.3.1

Court Attendance:

(b)

Attendance for Personal Reasons:

If court attendance is for a matter in which the employee has a personal stake in the outcome, then the absence will be considered for “personal reasons” under this subsection. School system personnel who are absent when responding to subpoenas for civic responsibility must attach a copy of the subpoena to the leave form.

8.1.1 

PARENTAL LEAVE WITHOUT PAY

08.1.2

Leave:

(a)

Intermittent leave will not be granted under this section, but may be available under section 8.2.7.

(b)

Non-exempt employees will be required to take compensatory time (“comp time”) prior to going on non-paid leave of absence. If the employee is entitled to FMLA leave, the FMLA entitlement will commence once the compensatory time is exhausted.

08.2

FAMILY AND MEDICAL LEAVE ACT    

08.2.2

Eligible Employees:

The provisions of 34 C.F.R. § 825.110 shall apply to all eligibility determinations.

08.2.3

Eligible Circumstances for Family or Medical Leave:

(d)

“Serious health condition” is defined as under 34 C.F.R. § 825.114, and includes illness, impairment, injury, or physical or mental condition that involves either any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay in a hospital or medical facility) or continuing treatment by a health care provider which includes any period of incapacity (inability to work or perform other regular duties) due to the serious health condition.

Workers’ compensation absences qualify as FMLA leave when the reason for the absence meets the definition of “serious health condition.”

08.2.4

Determining the 12-Month Leave Period:

The 12-month period for purposes of calculating an employee’s 12-week FMLA leave entitlement is measured forward from the first date of the FMLA-qualifying leave.

08.2.5

FMLA Leave Entitlement During the Summer:

(a)

Year-Round School Employees on “Track Out”:  A ten-month employee of a year-round school who is on FMLA leave at the start of a track-out period will not have that period counted against his/her FMLA entitlement if he/she would not have been required to report for duty during that time.  The employee must be provided any benefits over the period of track-out that 10-month year-round employees normally would receive if they had been working at the end of the prior track-in period.

08.2.6

Spouses Working for the Same Employer:

This section does not limit benefits conferred by section 8.1.1 (parental leave without pay); however, FMLA leave may run concurrently with leave granted under that section.

08.2.7

Reduced or Intermittent Leave:

The minimum leave increment is one hour. 

When taking intermittent leave, the employee, with approval of a health care provider, must consult with his/her supervisor and make reasonable effort to have treatment provided at a time convenient to the needs of the school system.

08.2.10

Paid Leave Under the FMLA:

To the extent permitted under Policy 3800, Sections 03 and 04, the employee must use, and if necessary, exhaust earned sick leave, including extended sick leave or shared leave (if eligible), earned vacation leave, compensatory time( if applicable), and personal leave, before going on non-paid leave.

Instructional personnel must take earned vacation leave in lieu of other paid or non-paid leave on days designated in the school calendar as vacation days. See 3.1.3(k)

A non-exempt employee who has accrued compensatory leave time (“comp time”), must use any such paid leave time before taking paid or non-paid FMLA leave.  FMLA may be applied retroactively.

08.2.12

Maintenance of Health Benefits:

During any period of unpaid FMLA leave, the employee is responsible for any premium payments normally deducted from the employee’s pay check for extended benefits.  The employee is responsible for making necessary arrangements through the compensation services department to continue these benefits.

08.2.13

Certification of Medical Conditions:

Medical certification supporting the need for leave is required from a licensed health care provider.  Failure to provide such certification upon request may delay commencement of the leave until certification is provided.

08.2.14

Questioning the Adequacy of a Medical Certification:

Notwithstanding State Board policy, the employer may not contact the employee’s health care provider directly when the employee is receiving workers’ compensation benefits concurrently while on FMLA leave except as otherwise permitted by law or regulation.

08.2.15

Recertification of Medical Condition:

Recertification for pregnancy or chronic conditions under continuing supervision of a health care provider must be provided every 30 days unless otherwise requested or expressly waived by the employer.

08.2.16

Fitness-for-Duty Certificate:

Before returning to work from FMLA leave for a serious health condition, the employee must present a fitness-for-duty certification from the employee’s health care provider which states that the employee is able to return to work, unless the employee took intermittent leave.

08.2.17

Restoration to an Equivalent Position:

(a)

Restoration Rights:  Employees, except “key” employees, will be restored to an equivalent or the same position upon return from FMLA leave.  The employee has no right to be returned to the same job position held before the leave.  As used in this paragraph, "equivalent" shall mean equivalent in terms of employment benefits, pay, and other terms and conditions of employment.  The determination of what is an "equivalent" job position shall be made on the basis of established school board policies and practices, as described in section 08.2.17(b) below.  

Key employees do not have the right to be restored to an equivalent or the same position upon returning from FMLA leave.  Key employees are salaried FMLA-eligible employees who are among the highest paid 10 percent of employees in the school district.  Key employees may be denied restoration to work when such restoration would cause grievous economic injury to the school system. Key employees will be advised that they are considered a key employee at the time leave is taken.

(b)

Determination of Equivalent Job Position:  An equivalent position is one that is virtually the same in pay, benefits and working conditions, including privileges, perquisites and status.  It must involve the same or substantially similar duties and responsibilities, which must entail substantially equivalent skill, effort, responsibility, and authority.  All positions within the same job classification are considered to be “equivalent” positions for purposes of this policy, so long as these conditions are met.  For licensed employees, all positions with the same salary and licensure requirements also will be considered equivalent positions, so long as these conditions are met. An equivalent position need not be at the employee's previous worksite.  The Superintendent retains the right to assign personnel according to the guidelines provided in applicable board policy, provided however, that an employee may not be reinstated to a position requiring additional licensure without the employee's consent.

08.2.18

Circumstances Under Which an Employer May Refuse to Reinstate an Employee on FMLA Leave:

The school district may require an employee to periodically report on his or her status and intent to return to work.  An employee who is taking leave through the end of an academic semester will be required to report on his or her intent to return to work no later than four weeks before the end of the academic semester.  In addition, the employee may be required to report on his or her intent to return to work on a regular basis while on FMLA leave.

08.2.19

Reimbursement of Health Premiums:

The school system shall seek recovery for payment of its share of health plan premiums as provided in Section 08.2.19 of the State Board Policy.

08.3

PARENTAL INVOLVEMENT IN SCHOOLS LEAVE

08.3.1

Eligibility and Rate of Earning:

Notwithstanding restrictions as outlined in 3.1.3(d) employees may use accrued vacation leave in lieu of non-paid parental involvement leave.

08.3.2

Conditions for Leave:

Employees wishing to take parental involvement leave must provide a written request at least 48 hours in advance.   The employee may be required to furnish written verification from the child’s school of his/her participation in a school function or other involvement at school.

08.3.3

Definition of School:

(a)

“Public School” includes a charter school as provided under State law.

09.1

COMPENSATORY LEAVE (FAIR LABOR STANDARDS ACT)

09.1.1

Eligible Employees:

(d)

Penalty for Falsifying Work Records:  Any employee who falsifies work records will be terminated.

09.1.2

Regulations for the Use of Compensatory Time:

(a)

It is the practice and policy of Wake County Public Schools to substitute compensatory time for overtime.

(b)

Supervisors shall arrange for employees to take compensatory time within one pay period following the time it is earned if possible.

(c)

Employees must obtain approval from their immediate supervisors before taking compensatory time.

(d)

An employee will be required to use earned compensatory time prior to taking other paid leave where consistent with law and board policy.

(e)

The superintendent or his/her designee may exempt certain employees or categories of employees from these provisions when deemed necessary for the proper administration of the school system.

(f)

Use of compensatory time is further subject to the provisions of the board’s Fair Labor Standards Act Policy.

09.2

WORKERS’ COMPENSATION LEAVE

09.2.1

Eligibility:

(a)

Employee’s Notice of Injury:       Employees must report on-the- job injuries to their supervisor immediately. Failure to provide notice of injury may result in forfeiture or delay in workers’ compensation benefits.

09.2.3

Seven Day Waiting Period

If no sick leave is available, annual vacation leave may be used during the seven (7) day waiting period for worker’s compensation leave. 

09.2.4

Use of Leave to Supplement Weekly Compensation:

Sick and annual vacation leave used to supplement weekly compensation will be calculated based on a formula provided by the state and rounded to the nearest half-day increment.

Employees who wish to use sick and annual vacation leave to supplement the workers’ compensation weekly benefits as provided in this section must submit a written request to the compensation services department before the seventh day of absence resulting from the initial injury to avoid delay in receiving payment.  Except upon approval by the Superintendent or his/her designee, supplementary sick or annual vacation pay will not be provided retroactively.

09.2.8

The Superintendent will develop procedures to facilitate expeditiously returning an employee to work in his/her own position when the employee has been out on workers’ compensation leave in keeping with the best interests of the school system.

This policy and its accompanying R&P are not intended to, and do not, create any additional employment rights on behalf of employees.

09.3

EPISODE OF VIOLENCE

09.3.1

Eligibility:

Employees who are injured or who suffer a disability arising from an episode of violence must provide written notice of the injury or disability to human resources as soon as possible, but not later than one year following the event or occurrence that caused the injury or disability.  The notice must include: (1) a request for leave for an episode of violence; (2) the date of the event or occurrence; and (3) a description of the circumstances which lead to the injury or disability.  The school system may require the employee to provide medical documentation of continuing disability.  The school system also reserves the right to require an independent medical examination at school district expense.

09.4

CONTAGIOUS DISEASE

09.4.1

See also Board Policy 3031/4031, Communicable Diseases or Conditions/Employees.

09.5

SUSPENSION WITHOUT PAY

09.6

OTHER LEAVES WITHOUT PAY

09.6.1

Other Leaves Without Pay:

(a)

Discretionary Leave:

For good cause the superintendent may grant non-paid leave.  Employees requesting a non-paid leave under this section must submit an application for discretionary leave to their immediate supervisor and to the assistant superintendent for human resources – staffing and development.

(b)

Leave For Teachers Employed In Charter Schools

A teacher, who makes a written request for a leave of absence in order to teach in a charter school, may be approved for one year.  In order to be entitled to a leave of absence or an extension of the leave to teach at a charter school, a teacher must submit a timely, written leave request to the Assistant Superintendent for Human Resources – Staffing and Development as follows:

Requests for an initial leave or extension of leave for the purpose of teaching at a charter school in its initial year of operation shall be submitted at least 45 calendar days prior to the first day the teacher otherwise would be expected to report for duty for the start of the upcoming school year at the teacher’s WCPSS assigned school.

Requests for an initial leave or extension of leave for the purpose of teaching at a charter school that has been in operation for more than one year shall be submitted at least 90 calendar days prior to the first day the teacher otherwise would be expected to report for duty for the start of the upcoming school year at the teacher’s WCPSS assigned school.

The Board of Education is not required to grant a request for a leave of absence or a request to extend or renew a leave of absence for a teacher who previously has received a leave of absence for the purposes of teaching in a charter school while employed with the Wake County Public School System.

The WCPSS will allow a probationary teacher on charter school leave to return to a teaching position at the end of the leave if, prior to the expiration of the leave, the teacher provides written notice to the Assistant Superintendent for Human Resources – Staffing and Development of his or her intent to return and an appropriate position is available.  A probationary teacher who returns to the school system after taking charter school leave will have the status of a first year probationary teacher for the purpose of determining eligibility for career status.

The WCPSS will allow a career teacher on approved charter school leave to return with career status to a teaching position at the end of the leave of absence, or upon the end of employment at the charter school, if the teacher notifies the Assistant Superintendent for Human Resources- Staffing and Development in writing of his or her intent to return and an appropriate position is available.  If an appropriate position is unavailable, then the teacher’s name will be placed on a list of available teachers, and the teacher will receive priority consideration on all positions for which he or she is qualified in accordance with G.S. 115C-325(e)(2).

The superintendent may develop procedures to implement this policy.                 

(c)

Leave for Teachers on Loan:

A teacher, who makes a written request for a leave of absence in order to become a “teacher on loan” to the Department of Public Instruction, may be approved for one (1) year.  In order to be entitled to a leave of absence to be a “teacher on loan”, the teacher must submit a timely, written leave request to the Assistant Superintendent for Human Resources – Staffing and Development.  Requests will be reviewed on a case by case basis and must include justification for the leave as well as an explanation of how the leave will benefit the school system. In order to be eligible for leave to be a teacher on loan, the teacher must have already achieved career status, and been employed by the school system for five (5) consecutive years.  Requests for an extension of a leave must be submitted by May 15 in writing and will only be approved if determined to be in the best interests of the school system.

10.1

SHORT-TERM MILITARY LEAVE

10.1.3

Orders and Leave Documentation:

The employee must attach a copy of the military orders to the request for military leave.

10.2

MILITARY LEAVE FOR EXTENDED ACTIVE DUTY

10.2.3

Extended Active Duty

(b)

(iii) Involuntary extensions:

Documentation will be required in order to show that an extension is involuntary.

11.1

TEACHER SUBSTITUTES

11.1.1

Employment of Substitutes:

The superintendent shall have prepared an adequate list of approved substitute teachers designating their approved fields/subject areas and have it distributed to the respective building principals prior to the opening of the school year.

As a requirement for being placed on the approved substitute list, a prospective substitute teacher shall furnish:

A.         A completed application

B.         Evidence of competency

The substitute teachers must be selected from the list approved and distributed by the superintendent.  The superintendent shall furnish all principals with updated substitute lists during the year as needed.

11.1.2

Teacher Assistants as Substitutes:

(a)

By adopting this policy, the Wake County Board of Education resolves to authorize the use of employed teacher assistants as substitute teachers.

(b)

General Provisions Governing the Use of Teacher Assistants as Substitute Teachers:

(1)  Teacher assistants may not be assigned to substitute teach for more than ten (10) consecutive work days for one teacher without prior approval from Human Resources.  There will be no replacements for regular education or grant-funded teacher assistants who serve as substitute teachers.

(2)  Teacher assistants may not substitute teach in schools other than the schools to which they are assigned.

(3)  Clerical assistants, media assistants and other office personnel are not authorized to be paid as substitute teachers.

(c)

Special Programs Personnel:

If a substitute for a special programs teacher who is absent cannot be found, a principal may request that the teacher assistant assigned to the teacher’s classroom serve as the substitute teacher to the extent consistent with the students’ individualized education programs.

A special programs teacher assistant may not be asked to serve as a substitute teacher in any classroom other than the classroom to which the teacher assistant is assigned. 

If the student of a one-to-one special programs teacher assistant is absent, the principal may ask the one-to-one special programs teacher assistant to serve as a substitute teacher in any special programs classroom when a special programs teacher is absent to the extent that doing so is consistent with the individualized education programs of the students in that classroom.

11.1.3

Salary Rates:

The remuneration schedule for substitute teachers shall be as set by State Board policy and supplemented by local board procedures.  Refer to 4104/5421 R&P.

Procedures for payroll adjustments when classroom teacher assistants are assigned as substitute teachers are found in 4104/5421 R&P.

12.1

INTERIM/REPLACEMENT EMPLOYEE

12.1.1

Employment:

(a)

An interim employee cannot be employed for a vacancy created by a permanent employee who is on paid leave, except as provided in State Board Policy 12.1.1 (i.e., the employee is on workers’ compensation paid leave, short-term disability, or paid leave due to an episode of violence).

(b)

While an employee is on active non-paid military leave for an extended period of time during a period of war or other major conflict, the replacement may be considered to be an interim employee with benefits.  The interim position will only be available for the duration of the employee’s military absence and must be relinquished upon proper request for reinstatement by the employee on military leave.

13.1

LONGEVITY

13.1.4

Payment

The School Board calculates and provides longevity pay for all locally funded positions using the same formula and regulations established for state funded positions.

14.2

CAREER STATUS (TENURE)

14.2.3   

Counting Time for Tenure

If a probationary teacher in a full-time permanent position does not work for at least 120 workdays in a 220 day school year because the teacher is on sick leave, disability leave or both, or if the teacher is on FMLA protected leave, that school year shall not be deemed to constitute (i) a consecutive year of service for the teacher or (ii) a break in the continuity in consecutive years of service for the teacher.

In all cases, where a probationary teacher believes that this provision applies, it is the teacher’s responsibility to notify Human Resources in writing to receive a determination.

14.3

ADMINISTRATOR TERM CONTRACT LAW

14.3.1

Definitions

For purposes of this section, school administrator means a principal, assistant principal, supervisor or director whose major function includes the direct or indirect supervision of teaching or of any part of the instructional program.

15.1

THE SCHOOL CALENDAR

15.1.5

Wake County Public School System’s inclement weather policy is at Board policy 2311/3011/4011. See also 2311/3011/4011 R&P.

20.0

EXCESSIVE ABSENTEEISM

The Board recognizes the vital importance of having a low absentee rate among school personnel in order to provide consistent services and instruction to students.  Regular attendance is a duty of employment and an essential function of the job for all school system employees. 

Any leave taken beyond the amount to which the employee is entitled under state and federal laws and regulations will be considered in assessing the employee’s performance.  Absences in excess of the entitled legal leave (which does not include donated leave) may result in dismissal from service.

Additional absences beyond the employee’s entitled legal leave may be granted if such an allowance is determined to be in the best interest of the school system.  However, the additional leave taken will be considered by the school system when annually assessing the employee’s job performance.

To the extent permitted by law the school system may consider chronic absences which do not exceed an employee’s legal leave amount in assessing the employee’s job performance. The superintendent may develop regulations to further implement this provision.