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2280 |
BENEFITS AND
EMPLOYMENT
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2280 |
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3800 |
3800 |
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4800 |
4800 |
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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. |
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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. |
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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/. |
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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. |
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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. |
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Revised: August 17,
1998 |
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Revised: September 27,
1999 |
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Revised: June 25, 2002 |
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Revised: December 20,
2005 |
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TABLE OF CONTENTS |
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I |
STATE BOARD POLICIES |
SECTION |
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DEFINITIONS |
01.1 |
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PAID LEGAL HOLIDAYS |
02.1 |
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BONA FIDE RELIGIOUS HOLIDAYS |
02.2 |
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ANNUAL VACATION LEAVE |
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ANNUAL VACATION LEAVE EARNED |
03.1 |
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ANNUAL VACATION LEAVE FOR CATASTROPHIC ILLNESS |
03.2 |
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ANNUAL VACATION LEAVE FOR NEW PARENTS |
03.3 |
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BONUS VACATION LEAVE |
03.4 |
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SICK LEAVE |
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SICK LEAVE EARNED |
04.1 |
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EXTENDED SICK LEAVE |
04.2 |
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VOLUNTARY SHARED LEAVE |
04.3 |
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VOLUNTARY SICK LEAVE BANK |
04.4 |
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DISABILITY INCOME PLAN |
04.5 |
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PERSONAL LEAVE |
05.1 |
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EDUCATIONAL/PROFESSIONAL LEAVE |
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EDUCATIONAL LEAVE |
06.1 |
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PROFESSIONAL LEAVE |
06.2 |
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CIVIL RESPONSIBILITY LEAVE |
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COMMUNITY RESPONSIBILITY |
07.1 |
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JURY DUTY |
07.2 |
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COURT ATTENDANCE |
07.3 |
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ELECTED OFFICIALS |
07.4 |
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PARENTAL/FMLA LEAVE |
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PARENTAL LEAVE WITHOUT PAY |
08.1 |
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FAMILY MEDICAL LEAVE ACT OF 1993 (FMLA) |
08.2 |
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PARENTAL INVOLVEMENT IN SCHOOLS LEAVE |
08.3 |
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OTHER LEAVE |
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COMPENSATORY LEAVE (FLSA) |
09.1 |
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WORKERS COMPENSATION LEAVE |
09.2 |
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EPISODE OF VIOLENCE |
09.3 |
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CONTAGIOUS DISEASE |
09.4 |
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SUSPENSION WITH PAY |
09.5 |
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OTHER LEAVES WITHOUT PAY |
09.6 |
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MILITARY LEAVE |
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SHORT-TERM MILITARY LEAVE |
10.1 |
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MILITARY LEAVE FOR EXTENDED ACTIVE DUTY |
10.2 |
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CIVIL AIR PATROL |
10.3 |
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STATE DEFENSE MILITIA |
10.4 |
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SUBSTITUTES |
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TEACHER SUBSTITUTES |
11.1 |
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SUBSTITUTES FOR NON-INSTRUCTIONAL PERSONNEL |
11.2 |
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INTERIM/REPLACEMENT EMPLOYEE |
12.1 |
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LONGEVITY |
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LONGEVITY |
13.1 |
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CREDITABLE SERVICE (LIST) |
13.2 |
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NON-CREDITABLE SERVICE (LIST) |
13.3 |
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TENURE/CONTRACTS |
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PROBATIONARY TEACHERS |
14.1 |
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CAREER STATUS (TENURE) |
14.2 |
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ADMINISTRATOR TERM CONTRACT LAW |
14.3 |
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CONTRACTS |
14.4 |
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AT-WILL
EMPLOYEES |
14.5 |
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THE SCHOOL CALENDAR |
15.1 |
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RETIRED EMPLOYEES |
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EMPLOYMENT OF RETIRED
TEACHERS EXEMPT FROM EARNINGS CAP |
16.1 |
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EMPLOYMENT OF RETIREES SUBJECT TO THE
EARNINGS CAP |
16.2 |
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JOB SHARING FOR SCHOOL EMPLOYEES |
17.1 |
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II |
SUPPLEMENTAL LOCAL POLICIES |
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The following State
Board Policies are supplemented by local board policy: |
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Section 01 |
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01.1 Definitions |
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Section 02 (None) |
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Section 03 |
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03.1 Annual Vacation Leave Earned |
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03.2 Annual Vacation Leave for
Catastrophic Illness |
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03.3 Annual Vacation Leave for
New Parents |
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03.4 Locally Earned Annual Leave |
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Section 04 |
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04.1 Sick Leave Earned |
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04.2 Extended Sick Leave |
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04.3 Voluntary Shared Leave |
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04.4 Voluntary Sick Leave Bank |
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Section 05 (None) |
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Section 06 |
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06.1 Educational Leave |
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06.2 Professional Leave |
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Section 07 |
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07.3 Court Attendance |
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Section 08 |
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08.1 Parental Leave without Pay |
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08.2 Family and Medical Leave |
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08.3 Parental Involvement in
Schools Leave |
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Section 09 |
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09.1 Compensatory Leave (Fair
Labor Standards Act) |
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09.2 Workers’ Compensation Leave |
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09.3 Episode of Violence |
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09.4 Contagious Disease |
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09.6 Other Leaves Without Pay |
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Section 10 |
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10.1
Short-term Military Leave |
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10.2
Military
Leave for Extended Active Duty |
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Section 11 |
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11.1 Teacher Substitutes |
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Section 12 |
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12.1 Interim/Replacement Employee |
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Section 13 |
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13.1
Payment |
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Section 14 |
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14.3 Administrator Term Contract
Law |
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Section 15 |
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15.1 The School Calendar |
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Section 16(None) |
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Section 17(None) |
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Section 20 Excessive Absenteeism |
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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. |
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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. |
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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. |
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01.1 |
DEFINITIONS |
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1.1.2
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Part-time Employee
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Any permanent employee who works
at least 20 hours per week will also earn leave on a pro rata basis. |
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1.1.5
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Instructional
Personnel
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For restrictions on use of Annual Vacation Leave see
§3.1.3(d). |
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1.1.8 |
Units of Leave: |
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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. |
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1.1.9 |
Immediate Family |
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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). |
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03.1 |
ANNUAL VACATION LEAVE EARNED |
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3.1.2 |
Eligibility and Rate
of Earning: |
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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. |
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03.1.3 |
Use of Annual Vacation
Leave: |
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(b) |
Approval: |
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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. |
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Annual vacation leave
shall not be used to extend the term of employment. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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03.2 |
ANNUAL VACATION LEAVE FOR CATASTROPHIC ILLNESS |
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3.2.1 |
Benefit: |
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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. |
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03.3 |
ANNUAL VACATION LEAVE FOR NEW PARENTS |
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3.3.1 |
Annual Vacation Leave
for New Parents: |
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(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. |
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03.4 |
LOCALLY-EARNED ANNUAL LEAVE FOR ADMINISTRATORS HIRED FROM
OUTSIDE OF |
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3.4.1 |
Locally-Earned Annual
Leave: |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(f) |
Use: State-earned annual leave must be exhausted
before local annual leave may be taken. |
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(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. |
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04.1 |
SICK LEAVE EARNED |
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04.1.1 |
Eligibility and Rate
of Earning: |
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(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. |
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04.1.2 |
Purposes for Which
Sick Leave May be Used: |
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(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. |
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(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. |
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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. |
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(a) |
Procedure for
Reporting Absences: |
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(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. |
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(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. |
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(3) An employee who does not timely call
in to report his/her absence may be subject to disciplinary action. |
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(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. |
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(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. |
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(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. |
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04.2 |
EXTENDED SICK LEAVE |
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04.2.2 |
Eligibility: |
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(a) |
Use: Central office-based
personnel, including centrally- based teachers, are not eligible for extended
sick leave or personal leave. |
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(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. |
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04.2.3 |
Deduction: |
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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. |
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04.3 |
VOLUNTARY SHARED LEAVE |
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04.3.3 |
Application for
Voluntary Shared Leave: |
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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. |
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04.3.4 |
Donation of Leave: |
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(d) |
Donor Application: Donor application forms are available from
supervisors and from the human resources office. |
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(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. |
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(h) |
Eligibility to Donate
Leave: Only permanent employees on active payroll
status are eligible to donate leave. |
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4.3.5 |
Length of Leave: |
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(c) |
All donated leave must
be used in one-half or whole-day units. |
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04.4 |
VOLUNTARY SICK LEAVE BANK |
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04.4.1 |
Establishing a
Voluntary Sick Leave Bank: The Wake County Board
of Education has not established a voluntary sick leave bank. |
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06.1 |
EDUCATIONAL LEAVE |
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06.1.2 |
In-service School
Projects |
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06.1.5 |
Other Educational
Leave: |
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(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. |
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(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. |
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(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. |
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06.2 |
PROFESSIONAL LEAVE
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06.2.5 |
Procedure for Taking
Professional Leave for Meetings and Workshops: |
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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. |
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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. |
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7.3 |
COURT ATTENDANCE |
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07.3.1 |
Court Attendance: |
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(b) |
Attendance for
Personal Reasons: |
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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. |
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8.1.1 |
PARENTAL LEAVE WITHOUT PAY |
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08.1.2 |
Leave: |
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(a) |
Intermittent leave
will not be granted under this section, but may be available under section
8.2.7. |
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(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. |
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08.2 |
FAMILY AND MEDICAL LEAVE ACT |
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08.2.2 |
Eligible Employees: |
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The provisions of 34
C.F.R. § 825.110 shall apply to all eligibility determinations. |
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08.2.3 |
Eligible Circumstances
for Family or Medical Leave: |
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(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. |
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Workers’ compensation
absences qualify as FMLA leave when the reason for the absence meets the
definition of “serious health condition.” |
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08.2.4 |
Determining the
12-Month Leave Period: |
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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. |
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08.2.5 |
FMLA Leave Entitlement
During the Summer: |
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(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. |
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08.2.6 |
Spouses Working for
the Same Employer: |
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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. |
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08.2.7 |
Reduced or
Intermittent Leave: |
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The minimum leave
increment is one hour. |
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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. |
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08.2.10 |
Paid Leave Under the
FMLA: |
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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. |
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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) |
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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. |
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08.2.12 |
Maintenance of Health
Benefits: |
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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. |
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08.2.13 |
Certification of Medical
Conditions: |
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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. |
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08.2.14 |
Questioning the
Adequacy of a Medical Certification: |
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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. |
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08.2.15 |
Recertification of
Medical Condition: |
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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. |
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08.2.16 |
Fitness-for-Duty
Certificate: |
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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. |
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08.2.17 |
Restoration to an
Equivalent Position: |
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(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. |
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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. |
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(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. |
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08.2.18 |
Circumstances Under
Which an Employer May Refuse to Reinstate an Employee on FMLA Leave: |
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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. |
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08.2.19 |
Reimbursement of
Health Premiums: |
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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. |
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08.3 |
PARENTAL INVOLVEMENT IN SCHOOLS LEAVE |
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08.3.1 |
Eligibility and Rate
of Earning: |
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Notwithstanding
restrictions as outlined in 3.1.3(d) employees may use accrued vacation leave
in lieu of non-paid parental involvement leave. |
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08.3.2 |
Conditions for Leave: |
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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. |
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08.3.3 |
Definition of School: |
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(a) |
“Public School” includes
a charter school as provided under State law. |
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09.1 |
COMPENSATORY LEAVE (FAIR LABOR STANDARDS ACT) |
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09.1.1 |
Eligible Employees: |
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(d) |
Penalty for Falsifying
Work Records: Any employee who
falsifies work records will be terminated. |
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09.1.2 |
Regulations for the
Use of Compensatory Time: |
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(a) |
It is the practice and policy of Wake County Public
Schools to substitute compensatory time for overtime. |
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(b) |
Supervisors shall
arrange for employees to take compensatory time within one pay period
following the time it is earned if possible. |
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(c) |
Employees must obtain
approval from their immediate supervisors before taking compensatory time. |
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(d) |
An employee will be
required to use earned compensatory time prior to taking other paid leave
where consistent with law and board policy. |
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(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. |
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(f) |
Use of compensatory time is further subject to the
provisions of the board’s Fair Labor Standards Act Policy. |
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09.2 |
WORKERS’ COMPENSATION LEAVE |
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09.2.1 |
Eligibility: |
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(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. |
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09.2.3 |
Seven Day Waiting Period |
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If no sick leave is
available, annual vacation leave may be used during the seven (7) day waiting
period for worker’s compensation leave.
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09.2.4 |
Use of Leave to
Supplement Weekly Compensation: |
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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. |
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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. |
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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. |
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09.3 |
EPISODE OF VIOLENCE |
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09.3.1 |
Eligibility: |
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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. |
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09.4 |
CONTAGIOUS DISEASE |
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09.4.1 |
See also Board Policy 3031/4031, Communicable
Diseases or Conditions/Employees. |
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09.5 |
SUSPENSION WITHOUT PAY |
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09.6 |
OTHER LEAVES WITHOUT PAY |
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09.6.1 |
Other Leaves Without
Pay: |
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(a) |
Discretionary Leave: |
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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. |
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(b) |
Leave For Teachers
Employed In Charter Schools |
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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: |
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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. |
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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. |
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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. |
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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. |
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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). |
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The superintendent may
develop procedures to implement this policy. |
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(c) |
Leave for Teachers on
Loan: |
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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. |
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10.1 |
SHORT-TERM MILITARY LEAVE |
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10.1.3 |
Orders and Leave Documentation: |
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The employee must
attach a copy of the military orders to the request for military leave. |
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10.2 |
MILITARY LEAVE FOR
EXTENDED ACTIVE DUTY |
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10.2.3 |
Extended Active Duty |
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(b) |
(iii) Involuntary extensions: Documentation will be required in order to show
that an extension is involuntary. |
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11.1 |
TEACHER SUBSTITUTES |
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11.1.1 |
Employment of
Substitutes: |
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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. |
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As a requirement for
being placed on the approved substitute list, a prospective substitute
teacher shall furnish: |
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A. A completed application |
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B. Evidence of competency |
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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. |
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11.1.2 |
Teacher Assistants as
Substitutes: |
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(a) |
By adopting this
policy, the Wake County Board of Education resolves to authorize the use of
employed teacher assistants as substitute teachers. |
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(b) |
General Provisions
Governing the Use of Teacher Assistants as Substitute Teachers: |
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(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. |
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(2) Teacher assistants may not substitute teach
in schools other than the schools to which they are assigned. |
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(3) Clerical assistants, media assistants and
other office personnel are not authorized to be paid as substitute teachers. |
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(c) |
Special Programs
Personnel: |
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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. |
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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. |
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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. |
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11.1.3 |
Salary Rates: |
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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. |
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Procedures for payroll
adjustments when classroom teacher assistants are assigned as substitute
teachers are found in 4104/5421 R&P. |
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12.1 |
INTERIM/REPLACEMENT EMPLOYEE |
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12.1.1 |
Employment: |
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(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). |
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(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. |
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13.1 |
LONGEVITY
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13.1.4 |
Payment |
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The School Board calculates and provides longevity pay for all locally
funded positions using the same formula and regulations established for state
funded positions. |
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14.2 |
CAREER STATUS (TENURE) |
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14.2.3 |
Counting Time for Tenure |
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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. |
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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. |
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14.3 |
ADMINISTRATOR TERM CONTRACT LAW |
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14.3.1 |
Definitions |
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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. |
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15.1 |
THE SCHOOL CALENDAR |
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15.1.5 |
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20.0 |
EXCESSIVE ABSENTEEISM |
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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. |
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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. |
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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. |
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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. |
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Revised: August 17,
1998 |
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Revised: September 27,
1999 |
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Revised: June 25, 2002 |
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Revised: December 20,
2005 |