- Document Link: GBRI – Personnel Leaves and Absences
- Title: Personnel Leaves and Absences
- Section: G. Personnel
- Adoption Date: 07/18/2024
- Ref Code: O.C.G.A. 20-02-0851, O.C.G.A. 20-02-0182, O.C.G.A. 20-02-0850, O.C.G.A. 21-02-0404, O.C.G.A. 34-01-0003, O.C.G.A. 38-02-0279, O.C.G.A. 45-20-0030, O.C.G.A. 45-20-17
- Document Link: CCSD Guidelines
GBRI – Personnel Leaves and Absences
Descriptor Code: GBRI
Personnel Leaves and Absences
ACCRUAL OF SICK LEAVE AND ABSENCE FOR MEDICAL AND RELATED REASONS
In accordance with Georgia law, regular (not temporary) employees will accrue sick leave with pay at the rate of one and one quarter workdays for each completed month of service. Employees regularly working less than 100% but at least 50% will accrue sick leave prorated for the percentage of time worked. Employees working less than 50% will not accrue sick leave. All unused sick leave will be accumulated from one work year to the next. Employees are entitled to transfer up to 45 days of accumulated, unused sick leave from one School District in the State of Georgia to another and to or from the State Department of Education.
Sick leave provided for under this Policy is available only for personal illness, injury, exposure to contagious diseases and medical related reasons, for absences necessitated by illness or death in the employee’s immediate family, for any reason(s) required by State or federal law or emergency executive orders. For any absence in which sick leave is used, the Superintendent of Schools or appropriate designee will have the right to require adequate proof of the reasons giving rise for the need for leave.
An employee will not be charged with sick leave for absence due to an injury caused by a physical assault while employee was engaged in the performance of his or her duties; provided, however, that this paragraph will apply only to the first seven workdays of absence resulting from a single injury. An employee who is absent for up to seven days due to such an injury also will not have his or her regular pay reduced because of such absence or be required to pay the cost of a substitute.
Employees who do not qualify for participation in the State of Georgia Teacher Retirement System and, as such, cannot utilize unused sick leave accumulated toward retirement service, will be allowed, upon completion of service with the School District, to cash in unused sick leave days earned in the service of the School District at one-half of their value up to a maximum reimbursement of 45 days.
An employee may make a one-time donation of up to 10 sick leave days to his or her spouse if such spouse is also an employee of the School District for purposes of maternity leave, illness, illness of a family member, or death of a family member.
SICK LEAVE BANK
A Sick Leave Bank is established and replenished from employee contributions of accumulated sick leave to provide its members with sick leave for catastrophic illness after their own sick leave has been exhausted. Membership in the Sick Leave Bank is voluntary by each eligible employee. Members may withdraw sick leave days from the Sick Leave Bank only in accordance with the guidelines established by the Sick Leave Bank Committee as appointed by the Superintendent.
ANNUAL (VACATION) LEAVE
Twelve-month employees regularly working in a position full-time (100%) will accrue annual leave at a rate of one day per month up to 12 days per year with a total maximum accumulation of 45 days. Employees regularly working less than 100% but at least 50% will accrue annual leave prorated for the percentage of time worked with a total maximum accumulation of 45 days. Employees working less than 50% will not accrue annual leave. Annual leave in excess of the maximum accrual will be forfeited after June 30 of each fiscal year. Upon retirement or completion of service with the School District, all eligible employees will be paid for accrued annual leave at their current daily rate of pay.
The annual leave schedule will be arranged so that each school and department can maintain effective service levels. Leave may be taken only after approval by the Superintendent or appropriate designee.
PERSONAL LEAVE
Three days of any accumulated sick leave may be utilized during each school year for personal reasons provided prior approval of the absence is given by the Superintendent or appropriate designee and provided the presence of the employee requesting absence is not essential for effective school operation. Personal leave may be granted at the discretion of the Superintendent or appropriate designee. Personal leave does not accrue from year-to-year; however, an employee who does not utilize personal leave does not lose any accumulated sick leave.
PERSONAL LEAVE FOR EMPLOYEES ELECTED TO PUBLIC OFFICE
The School District recognizes and affirms the right of a citizen of Georgia to seek and hold public office. Accordingly, personal leave may be requested and granted to employees who are duly elected to a public office.
During the absence of an employee serving in a public office, a substitute (if necessary) will be employed. Upon completion of public service, the employee will immediately resume his/her employment responsibilities. Salary will not be provided for days absent from school duty after the "Personal Leave" allotment is used. Earnings will be reduced based on the individual employee's terms of employment.
Other benefits granted to employees may remain in force during the time of public service upon payment of the full cost of such benefits by the employee if not prohibited by law, contracts or other agreements with service providers.
Pursuant to O.C.G.A. § 20-2-51(c): no person employed by a local board of education will be eligible to serve as a member of that board of education.
AUTHORIZED PROFESSIONAL LEAVE
Authorized professional leave is leave for which the School District has granted permission and is providing a substitute (if applicable) for the employee to attend a professional development or work- related activity provided prior approval for the absence is given by the Superintendent or appropriate designee.
ADMINISTRATIVE AND SUSPENSION LEAVE
The Superintendent will have the authority to place an employee on administrative or suspension leave with or without pay in accordance with applicable School Board Policies and procedures and State law.
OBSERVANCE OF RELIGIOUS HOLIDAYS
Employees may use personal leave for the observance of recognized religious holidays. If an employee desires to take leave for the observance of recognized religious holidays in excess of the days allowed for personal leave, the employee may take unpaid leave for such purposes provided that such leave is not excessive and does not interfere with fulfilling the obligations of his or her job.
JURY AND WITNESS LEAVE
Each regular (not temporary) employee will be allowed leave with pay for the purposes of serving as a juror in any court or when subpoenaed to testify in a case arising out of the individual’s job duties with the School District. Jury and/or witness leave will not be deducted from an individual’s accumulated vacation or sick leave. No employee utilizing jury leave will be required to pay the cost of employing a substitute to serve during his or her absence for jury or witness leave.
PARENTAL LEAVE
Paid Parental Leave
Under 2021 revisions of O.C.G.A. § 45-20-17, employees who are considered full-time by the School District and who have completed six continuous months of employment will be eligible for paid parental leave for qualifying life events of birth of a child, placement of a minor child for adoption, or placement of a minor child for foster care. The employee will be required to provide satisfactory documentation of birth, adoption or foster care.
The maximum amount of paid parental leave that may be taken by an eligible employee during a rolling 12-month period is 240 work hours, regardless of the number of qualifying events that occur within such period. The rolling 12-month period will be measured backward from the date an eligible employee first uses parental leave. Such leave may be taken in increments of less than eight hours. Any remaining paid parental leave 12 months after the qualifying life event will not carry over for future use. Unused paid parental leave has no cash value at the time of an employee’s separation of employment with the School District.
Leave of absence related to paid parental leave will run concurrently and in coordination with any approved Family and Medical Leave Act (FMLA) leave. If both parents who experience a qualifying event as described under paid parental leave are employees of the School District, both employees are eligible for up to 240 hours of paid parental leave. The maximum 12-work week leave provided under federal FMLA will continue to be limited to a combined 12 work weeks total leave.
Eligible employees who do not qualify for leave under the FMLA are provided up to 30 calendar days of a combination of paid or unpaid parental leave. Once paid parental leave reaches the maximum of 240 hours, the employee’s accrued leave may be utilized up to the maximum of 30 calendar days. In cases of maternity, unpaid Parental Leave may be extended beyond 30 calendar days, not to exceed the doctor’s estimated length of physical disability.
Unpaid Parental Leave
Employees who have been employed for at least 12 months and have at least 1,250 hours of service in the preceding 12 months may receive up to 12 cumulative weeks (60 work days) of unpaid parental leave during pregnancy, within one year of the birth of child, as a result of proceedings to prepare for the adoption or foster care of a child or within one year following the adoption or foster care placement of a child. The employee will be required to provide satisfactory proof of pregnancy, birth, adoption or foster care.
Leave of absence related to paid or unpaid parental leave runs concurrently and in coordination with any approved FMLA leave. Under FMLA guidance, if both parents of a newborn child, newly adopted child or foster child as described above are employed by the School District, the 12-work week leave will be limited to a combined 12 work weeks total leave.
Employees who do not qualify for unpaid leave under the FMLA or paid parental leave under O.C.G.A. § 45-20-17 are provided up to 30 calendar days of unpaid parental leave. In cases of maternity, unpaid parental leave may be extended beyond 30 calendar days, not to exceed the doctor’s estimated length of physical disability.
Employees may utilize accrued leave during the term of Parental Leave.
MILITARY FAMILY LEAVE
Regular (not temporary) employees who have spouses deployed overseas by the United States Military for service in a war zone or war zone support area may request up to a maximum of seven days of School District-paid leave during a 12-month period for Military Family Leave, for days immediately prior to deployment, days immediately upon returning from deployment, or during a spouse’s temporary furlough. The 12-month period will be measured back from the date the employee begins using any Military Family Leave.
MILITARY LEAVE
Regular (not temporary) employees are eligible for paid leave not to exceed 18 days in any calendar year for the purpose of complying with ordered military leave duty with the armed forces of the United States or State of Georgia, including duty as a voluntary member of the militia or reserve component of the United States or State of Georgia. Regular employees also are eligible for paid leave not exceeding 30 days in any one calendar year if ordered to duty as a result of the declaration of any emergency by the Governor or the appropriate officials of the United States Armed Forces. Employees who have military commitments will inform the Superintendent or appropriate designee annually and will cooperate to the extent possible in scheduling such leave so as to minimize the disruption in those employees’ duties and the mission of the School Board.
FAMILY MEDICAL LEAVE
The School Board adheres to the provisions of the Family and Medical Leave Act (“Act”) as adopted by the U.S. Congress on February 5, 1993 and which became effective August 5, 1993 and which was later amended by the National Defense Authorization Act on January 28, 2008. This School Board does not intend by this Policy to create any additional rights to leave not provided by the Act; provided, however, the School Board does wish to extend the rights of the Act to certain employees who have worked at least 12 months for the School District. The School Board does intend to elect certain options as the Act authorizes. Any portion of this Policy inconsistent or contrary to the Act is unintentional and will not be given effect. As to the interpretation of this Policy, the School District's employees should look to the Act itself and its regulations.
COORDINATION WITH STATE AND FEDERAL LAWS
To the extent that any provision in this Policy conflicts with or is superseded by State or Federal law, the applicable regulations control. The Superintendent will establish and maintain guidelines as necessary for administration of Board Policy: GBRI, Personnel Leaves and Absences.
ADOPTED: August 2, 2001 REVISED: July 18, 2024
CCSD Administrative Guidelines Regarding Personnel Leaves and Absences
Pursuant to the School Board’s Personnel Leave and Absences Policy (GBRI), these administrative guidelines are to be utilized by CCSD staff in policy application:
I. SICK LEAVE AND ABSENCES FOR MEDICAL AND RELATED REASONS
1. Sick leave policies and guidelines apply to employees in positions eligible to earn leave. An employee must be regularly employed (not temporary or substitute) to earn leave. Employees regularly working less than 100%, but at least 50%, will accrue sick leave prorated for the percentage of time worked. Employees working less than 50% will not accrue sick leave.
2. Sick leave is available for personal illness, injury, exposure to contagious diseases and medical related reasons, or for absences necessitated by illness or death in the employee’s immediate family.
3. A member of the employee’s immediate family is defined as spouse, child, father, mother, brother, sister, grandparents, grandchild, or in-law equivalents of the above, a relative living in the employee’s household, or a dependent [as shown in the employee’s most recent tax return].
4. For any absence for which sick leave is requested, the supervisor has the right to require a physician’s statement stating that the employee or immediate family member is ill and that the employee is unable to perform his or her duties.
5. Cherokee County School District (CCSD), at its own expense, may require the employee to obtain a second certification from a health care provider confirming the medical necessity of the absence.
6. CCSD may require an employee to provide updated certifications, as it deems necessary, to document continuing disability.
7. An employee absent 10 or more days due to a serious health condition will be required to provide a Fitness for Duty Certification from his/her health care provider. The Fitness for Duty Certification must be provided to the immediate supervisor, with a copy to the Benefits Office prior to the employee’s requested return-to-work date. The statement from the provider must indicate if the employee is released to return to work, and if so, the effective date, and any applicable work restrictions. Based on the work restrictions, as noted by the physician, a determination will be made regarding return to duty.
8. An employee may be required to provide a Fitness for Duty Certification for an absence of less than 10 days related to an illness, injury or exposure to contagious disease if deemed necessary by CCSD.
9. CCSD may specify advance-notice requirements related to an employee’s submission of a Fitness for Duty Certification.
10. CCSD may designate, at its expense, a physician to attest that the employee is emotionally and physically capable of resuming the responsibilities and duties of his/her position.
11. CCSD will make every reasonable effort to accommodate an employee’s disability and/or work restrictions.
12. An employee who is requesting sick leave must follow school/departmental absence reporting procedures. If a position requires a substitute, the absent employee is to follow the school/departmental requirements for obtaining a substitute.
13. Up to 30 consecutive days of accumulated sick leave may be used during a work year by an employee in case of death of a member of the immediate family. Up to five consecutive days of accumulated sick leave may be used during a work year by an employee in case of death of another family member.
14. Up to three days of accumulated sick leave may be utilized during each work year for personal reasons provided prior approval of the absence is given by the employee’s supervisor.
15. A CCSD employee may make a one-time donation of up to 10 sick leave days to his or her spouse for the purpose of parental leave, illness, illness of an immediate family member, or death of an immediate family member, if such spouse is also a CCSD employee.
A. Authorized Sick Leave Without Pay
1. An employee may be granted up to twelve consecutive months of sick leave without pay related to his/her own personal illness or injury and substantiated by medical evidence. An employee must contact the Benefits Office for approval of any absence expected to extend 10 days or more.
2. Up to 10 days of sick leave without pay may be granted during a work year in case of illness or death of a member of the employee’s immediate family. Sick leave without pay will run concurrently with any Family and Medical Leave Act leave available.
3. An employee may be granted leave without pay related to the birth of a child or adoption in accordance with the Family and Medical Leave Act and/or CCSD’s Policies and guidelines concerning Parental Leave.
4. An eligible employee may be granted leave without pay for his/her own serious health condition or for the serious health condition of an immediate family member in accordance with the provision under the Family and Medical Leave Act. An employee must have been employed for 12 months and have worked 1250 hours over the previous 12 months in his/her position as of the date leave is to begin in order to be eligible.
5. An employee may be granted leave without pay related to a work-related illness or injury in accordance with applicable state laws and CCSD’s Policies and guidelines related to Workers’ Compensation Leave.
B. Authorized Parental Leave With Pay
2. The maximum amount of paid parental leave that may be taken by an eligible employee during a rolling 12-month period is 240 work hours, regardless of the number of qualifying events that occur within such period. The rolling 12-month period will begin on the date an eligible employee first uses parental leave. Such leave may be taken in increments of less than eight hours. Any remaining paid parental leave 12 months after the qualifying life event will not carry over for future use. Unused paid parental leave has no cash value at the time of an employee’s separation of employment with the School District.
3. Leave of absence related to paid parental leave will run concurrently and in coordination with any approved Family and Medical Leave Act leave. If both parents who experience a qualifying event as described under paid parental leave are employees of the School District, both employees are eligible for up to 240 hours of paid parental leave. The maximum 12-week leave provided under the federal Family and Medical Leave Act will continue to be limited to a combined 12 work weeks total leave.
4. Eligible employees who do not qualify for leave under the Family and Medical Leave Act are provided up to 30 calendar days of a combination of paid or unpaid Parental Leave. Once Paid Parental Leave reaches the maximum of 240 hours, the employee’s accrued leave may be utilized up to the maximum of 30 calendar days. In cases of maternity, unpaid Parental Leave may be extended beyond 30 calendar days, not to exceed the doctor’s estimated length of physical disability.
C. Restoration of Employment Following Approved Leave of Absence
1. An employee is considered to be on a leave of absence from CCSD and not from a specific school or department.
2. If a leave of absence is 60 workdays or less, an employee will be restored to his or her same or equivalent position at the conclusion of leave.
3. If a leave of absence is greater than 60 workdays, the employee’s position may be filled. If the employee’s position is filled when a Fitness for Duty Certification is presented, the next available position fitting the employee’s qualifications, as determined by the Division of Human Resources, will be offered to the employee. During the time a suitable position is being located, the employee will be placed on convenience leave without pay. If the employee refuses assignment to a comparable position as that occupied by the employee when the leave of absence was granted, the employee will be considered to have forfeited his/her employment with CCSD.
4. If the employee is unable to return to work at the end of approved leave, the employee will be separated from employment. If the employee’s personal circumstances change so that they are able to reapply for employment with CCSD, it will make every effort to provide re-employment opportunities, however, CCSD is under no obligation to re-hire.
D. Benefits Continuation During Approved Leave of Absence
1. An employee will continue to accrue leave during an approved leave of absence with pay.
2. During an approved leave of absence with pay, an employee’s benefits will continue through payroll deduction.
3. During a period of qualified Family and Medical Leave, or Disability Leave due to an employee’s personal illness or injury, an employee is eligible to continue benefits during an approved leave without pay.
4. To continue benefits during a leave of absence without pay, an employee is required to complete all required forms, timely pay insurance premiums by direct payment to CCSD and provide regularly updated medical documentation of ongoing disability.
5. An employee is responsible to contact the Benefits Office to initiate direct pay of insurance premiums. Strict time limitations apply.
Note: Continuation of insurance provisions will be administered in accordance with applicable state and federal laws and insurance policies and procedures in effect at the time the leave of absence begins.
E. Supervisor Responsibilities
1. The supervisor must notify the Benefits Office upon receiving a request from an employee for a leave of absence that is expected to extend 10 days or more (intermittent or consecutive).
2. A leave of absence expected to extend 10 days or more (intermittent or consecutive) must be approved through the Benefits Office.
3. All leave must be entered in the payroll operating system for the period during which the leave is used.
4. The supervisor must notify the Benefits Office upon receiving a request from an employee for a return to duty with restrictions.
5. Requests from employees to extend an absence beyond an approved leave period must be directed to the Benefits Office.
6. All personnel staffing considerations related to leaves and absences must be coordinated and approved by the Division of Human Resources.
F. Employee Responsibilities
1. An employee must complete and submit the Extended Leave Request form and the Certification of Health Care Provider form to the Benefits Office for approval of any absence expected to extend 10 days or more.
2. An employee must contact the Benefits Office to request continuation of insurance benefits during an unpaid leave of absence; complete all required forms; and pay premiums when due.
3. To continue benefits during an approved leave of absence without pay, an employee must submit the first premium payment to the Benefits Office within thirty (30) days of the date coverage ends. Coverage ends as of the end of the month following the last payroll deduction. Subsequent benefit payments are due by the 1st of the month thereafter until payroll deduction of benefits resumes.
4. An employee is expected to report for duty the next scheduled workday following the ending date of an approved leave of absence.
5. If the employee is released by his/her health care provider to return to work with restrictions, the employee must notify his/her supervisor at least five (5) workdays prior to the date he/she desires to return to work. Additional notice may be required for specified regular employees on extended leave (See Section I, #7).
G. Other Considerations
1. An employee may appeal a decision related to a leave of absence to the Benefits Office, in writing, within 10 workdays of the date of the decision.
2. Guidelines for Personnel Leaves and Absences will not protect an employee from disciplinary action that is based upon substandard job performance.
3. The confidentiality of any information received by CCSD relative to a medical condition of an employee or an employee’s family member will be maintained, except as otherwise required by law.
4. To the extent that any provision in these Guidelines conflicts with or is superseded by State or Federal law, including but not limited to the Family and Medical Leave Act, or the Americans with Disability Act, the applicable regulations control.
II. ACCUMULATION AND USAGE, RETIREMENT SERVICE CREDIT OR PAYMENT, TRANSFER AND RESTORATION OF SICK LEAVE
A. Sick Leave Accumulation and Usage
1. Each regular (not temporary) employee accrues sick leave at the rate of one and one quarter work days per month pursuant to the chart below:
Work Months |
Work Days |
Receive accruals from |
Total Days Accrued |
9 |
˂ 190 |
August – April |
11.25 |
10 |
190-195 |
August – May |
12.50 |
11 |
200- 220 |
July – May |
13.75 |
12 |
≥ 235 |
July – June |
15.00 |
2. Employees regularly working less than 100% but at least 50% will accrue sick leave prorated for the percentage of time worked.
3. Employees working less than 50% will not accrue sick leave.
4. Sick leave is available for personal illness, injury or exposure to contagious diseases, or for absences necessitated by illness or death in the employee’s immediate family. A member of the employee’s immediate family is defined as spouse, child, father, mother, brother, sister, grandparents, grandchild, or in law equivalents of the above, a relative living in the employee’s household, or a dependent [as shown in the employee’s most recent tax return].
5. An employee seeking to take Family and Medical Leave Act to care for a newborn or adopted child, a child placed with the employee for foster care, or a parent, spouse or child with a serious health condition must substitute any accumulated sick leave for otherwise unpaid FMLA leave.
6. An employee who is unable to work due to an injury arising out of a physical assault while on duty with CCSD will receive paid leave for the first seven days of a related absence and is not required to use accrued sick leave.
7. An employee will not be recorded absent on the day of injury or the day of a work-related illness is first reported if the employee’s absence is required to leave work to seek authorized medical evaluation/treatment.
8. An employee may elect to use accumulated sick or vacation leave for a work-related injury or illness in lieu of receiving Workers’ Compensation benefits.
9. All unused, unpaid sick leave is accumulated from one work year to the next.
B. Retirement Service Credit or Payment for Accumulated, Unused Sick Leave
1. An employee who is a member of the Teachers’ Retirement System (TRS) may use accumulated, unused sick leave toward creditable service; an employee must have a minimum of 60 accumulated, unused sick days to receive service credit.
2. Sick Leave credit cannot be used to achieve a vested status in TRS.
3. Sick leave for TRS service credit is a cumulative final balance from current and prior employers to attain the 60 days minimum requirement. An employee must request each current and past employer(s) to certify the total unused/unpaid sick leave balance on a TRS Retirement Sick Leave Certification form. Each employer is responsible for reporting to TRS and detailing the accumulated, unused sick leave. TRS forms for certification of sick leave credit earned during the employee’s service with the CCSD may be submitted to the Office of Financial Management.
4. Sick leave transferred to CCSD from prior employers is not reported by CCSD to TRS for service credit. The prior employer should certify to TRS any accumulated, unused sick leave earned by the employee before the sick leave transfer.
5. An employee who does not qualify for participation in TRS and, as such, cannot utilize unused, accumulated sick leave toward retirement service, will be allowed, upon completion of service with CCSD, to cash in unused sick leave earned in the service of CCSD, at one-half of their value up to a maximum reimbursement of 45 days. Leave payments of $2,000 or more are automatically deferred into the CCSD tax-deferred 403(b) Plan. Leave payments of less than $2,000 will be processed with the employee’s final pay.
C. Sick Leave Transfers and Restoration
1. Up to 45 accumulated, unused, unpaid sick leave days are transferable within the State of Georgia from a local board of education or from the State Department of Education to CCSD.
2. A CCSD employee may request restoration of accumulated, unused, unpaid sick leave after return to active employment with CCSD.
3. A CCSD employee may make a one-time donation of up to 10 sick leave days to his or her spouse, if such spouse is also a CCSD employee, for purposes of maternity leave, illness, illness of an immediate family member, or death of an immediate family member.
4. At separation of service or upon retirement, sick leave not eligible for retirement service credit or eligible for payment, as described previously, is forfeited.
Requests for transfer or restoration of Sick Leave as outlined in the above provisions must be submitted in writing to the Office of Financial Management.
D. Leave of Absence (LOA)
1. An employee may be placed on a Leave of Absence (LOA) if they do not have accrued leave to use when absent.
2. If an employee is on extended leave at the beginning of the salary year and does not have enough accrued leave for all missed work days in the first month of the salary year, the employee will only be paid for the number of missed work days for which accrued leave is available.
3. If an employee has 10 – 15 days of leave without pay (LWOP) in a pay period and is not expected to return to work in the subsequent pay period, the employee may be placed on LOA.
4. All 11-month and 12-month employees on extended leave may be placed on LOA as of day 1 of LWOP if not expected to return in the subsequent pay period.
5. When returning from LOA, an employee’s salary will be re-calculated based on the number of workdays remaining in the work calendar for the employee’s position.
Inquiries related to leaves and absences policies and guidelines may be directed to the Benefits Office.
III. SICK LEAVE BANK
The Sick Leave Bank Committee is herein vested with the complete and final discretion of awarding members sick leave based upon the criteria herein established.
A. General Administration
1. The Superintendent will appoint a chairperson responsible for calling all meetings of the Committee and conducting such meetings and for maintaining all records of committee meetings and Sick Leave Bank requests. A group of at least five (5) Committee members will constitute a quorum to conduct official business of the Sick Leave Bank Committee.
2. The Committee will render a decision on applications submitted to the Sick Leave Bank within twenty (20) working days of receipt.
3. Any decision of the Sick Leave Bank Committee must be made by a simple majority of the entire Committee.
4. All such decisions will be final, not subject to any appeal or grievance procedure.
5. The chairperson will assure notification is provided to the payroll department for approved applications.
B. Membership
1. Any eligible employee entitled to earn sick leave and regularly working in a position 50% or more for CCSD, may become a member of the Sick Leave Bank by donating one (1) day of accumulated sick leave in the first year and not more than two (2) days per year thereafter. The Sick Leave Bank Committee may increase or suspend the annual donation depending upon the accumulated reserves of sick leave contained within the Bank.
2. Membership requests will only be accepted during the annual enrollment period. New employees are eligible for participation upon having completed 12 months of service and having accumulated at least five (5) days of sick leave as of January 1. The donation of the initial day of sick leave must be agreed upon in writing through the Sick Leave Bank Membership application process. A member will then be reassessed no more than two (2) days per year as of January 1 of each year. Donations of sick leave to the Sick Leave Bank are not refundable or transferable.
3. Membership to the Sick Leave Bank is considered continuous unless notice of cancellation of membership is received by the Committee within the annual enrollment period of a subsequent year.
C. Procedures for Application for Sick Leave Bank Withdrawals
1. Applications for withdrawal from the Sick Leave Bank will be made on forms prescribed by the Sick Leave Bank Committee and will include such information as the Committee from time to time deems necessary.
2. Such applications will include evidence that the member has missed at least 10 days out of the last 20 consecutive working days; and the member suffers from a catastrophic illness or member’s family member suffers from a catastrophic illness which necessitates member’s absence from work; and the member’s accumulated vacation and sick leave is exhausted.
3. In the event a member is physically or mentally incapable of making application to the Sick Leave Bank, a family member or legally authorized agent of the member may file the request on the member’s behalf.
4. The Sick Leave Bank withdrawal form will be accompanied by a statement from a physician, who after personally examining the individual, verifies catastrophic illness and attests to the individual’s incapacity to perform assigned duties.
5. A member applicant may be required to undergo at his or her own expense a medical review by a physician approved by the Committee.
6. Any permitted withdrawal from the Sick Leave Bank will be in units of up to 20 consecutive working days and applicants may submit requests for additional withdrawals of sick days prior to their use of days previously withdrawn.
7. No member may withdraw more than 80 sick leave days from the Bank in any one fiscal year (July 1 through June 30), and no more than 120 cumulative sick leave days in a two-year period.
8. A new application must be submitted for each fiscal year. If at the end of a fiscal year an employee is on an unpaid leave of absence due to exhaustion of all available sick and vacation leave including sick leave bank days, the employee must be actively at work for one or more days in the fiscal year period for which a new application is made to be eligible to apply for withdrawals from the sick leave bank.
9. All withdrawals granted but not used by member must be returned to the Sick Leave Bank. Requests approved which include partial days will have those earnings credited as one day toward the annual maximum.
10. Additional sick days may be awarded up to the maximum allowable amount related to a reoccurrence, complication, or treatment which necessitates member’s absence from work, as a result of a previously approved catastrophic illness during the same fiscal year, in so long as the employee has missed at least 5 days out of the last 20 consecutive working days and the member’s accumulated vacation or sick leave is exhausted.
11. An employee who is absent from work and receiving income assistance benefits incidental to employment, including but not limited to Workers’ Compensation or disability insurance, is not eligible to apply for withdrawals of days from the Sick Leave Bank.
12. An employee is prohibited from withdrawing days from the Sick Leave Bank while continuing to work for another employer.
13. Each member, as a part of enrollment, will execute an authorization form in which the member acknowledges an understanding of the Sick Leave Bank Policy and Guidelines and further agrees to relieve the Committee and CCSD, its employees, agents and representatives from any and all liability as a result of action(s) taken by the committee.
D. Criteria for Withdrawal
The Sick Leave Bank Committee will access each application on an individual basis and will review any and all pertinent medical evidence along with the member’s need for personal or family related sick leave withdrawal, employee attendance records, and any other information deemed relevant by the Committee.
E. Limitation and Reporting
1. No member may contribute more than 45 sick leave days to the Bank. Personnel utilizing sick leave under this part will not be required to pay the cost of employing a substitute to serve in their absence on such sick leave.
2. The Chairperson will cause to be maintained or maintain an up-to-date record of all sick leave days contributed to and withdrawn from the Sick Leave Bank for each member.
F. Definitions
1. Catastrophic Illness - A serious illness, disease, or injury which results in a detrimental effect on an employees’ pursuit of his/her vocation, and/or a permanent and continuous health condition, and/or a serious financial hardship. In order to be considered a catastrophic illness the following criteria must be met:
· Illness, disease or injury must affect employee or family member’s physical or mental health as described above for a period of not less than twenty (20) consecutive days; and
· the member has been unable to work at least 10 days out of the last (20) consecutive working days; and,
· the member suffers from a catastrophic illness or member’s family member suffers from a catastrophic illness which necessitates member’s absence from work. To establish catastrophic illness one or more of the following criteria are also met:
‒ A period of not less than five days (96 hours or more) of continuous confinement to a hospital as a result of the illness, disease or injury, and where room, board, and applicable charges are incurred; or
‒ A period of continuous incapacity requiring absence of three or more calendar months from work that also involves continuing treatment by (or under the supervision of) a physician; or
‒ Death of the employee or family member from the condition will likely occur as a result of the illness, disease, or injury within six months without the application of life-sustaining procedures.
2. Dependent Child- A natural born or adopted child under 26 years of age residing primarily with a member or primarily dependent on a member for support. This definition specifically includes children attending college and children residing with a member’s ex-spouse.
3. Family- Relationship within the first degree: spouses and dependent children.
4. Hospital- A place which is legally licensed and operated as a hospital; provides overnight care of injured or sick people; is supervised by a doctor; has full-time nurses supervised by a registered nurse; has on-site or pre-arranged use of x-ray equipment, laboratory and surgical facilities; and maintains permanent medical history records.
5. Life-sustaining procedures - Any medical treatment in which the primary goal is to prolong life rather than treat the underlying condition. In such cases an individual’s own body is not capable of sustaining proper functioning on its own without medical intervention. Examples of life-sustaining procedures include dialysis, mechanical ventilation, and artificial nutrition and hydration.
6. Membership- Any eligible CCSD employee may join the Sick Leave Bank during an annual enrollment period by contributing one (1) day of accumulated sick leave in the first year and at least one-half day of accumulated sick leave each year thereafter unless contributions are suspended or increased by the Sick Leave Bank Committee. In no event may the Sick Leave Bank Committee increase deposits of sick days in excess of two (2) days per year.
7. Physician- A person who is performing tasks that are within the limits of his or her medical license; and, is licensed to practice medicine and prescribe and administer drugs or to perform surgery; or, has a doctoral degree in psychology (Ph.D. or Psy.D) whose primary practice is treating patients.
8. Spouse- Your legally married spouse.
9. Sick Leave Bank Committee - A committee comprised of nine CCSD employees appointed by the Superintendent, including a school-based administrator; the Director of Risk Management and Employee Benefits; a secondary teacher; a middle school teacher; an elementary school teacher; two (2) non-certified employee representatives; the Chief Financial Officer, and a Human Resources administrator.
10. Sick Leave Contributions - One (1) full day of accumulated sick leave in the first year of membership and one-half (1/2) day of accumulated sick leave thereafter unless otherwise changed or suspended by the Sick Leave Bank Committee. In no event may the Sick Leave Bank Committee increase contributions of sick days to more than two (2) days per year.
IV. VACATION LEAVE
A. Accumulation, Usage, and Payment for Vacation Leave
1. Twelve-month employees regularly working in a position full-time (100%) will accrue annual leave at a rate of one day per month up to 12 days per year with a total maximum accumulation of 45 days.
2. Employees regularly working less than 100% but at least 50% will accrue annual leave prorated for the percentage of time worked with a total maximum accumulation of 45 days.
3. Employees working less than 50% and temporary workers do not accrue annual leave.
4. The annual leave schedule will be arranged so that each school and department can maintain effective service levels. Leave may be taken only after approval by the Superintendent of Schools or appropriate designee.
5. Annual leave in excess of the maximum accrual will be forfeited after June 30 of each fiscal year.
6. Upon retirement or completion of service with CCSD, eligible employees will be paid for accrued annual leave at their current daily rate of pay. Leave payments of $2,000 or more are automatically deferred into the CCSD tax-deferred 403(b) Plan. Leave payments of less than $2,000 will be processed with the employee’s final pay.
B. Procedures for Vacation Leave Requests by Administrators
1. All vacation requests by administrators must be submitted to the immediate supervisor and appropriate Chief for approval five workdays prior to the date of the request, except in unusual circumstances as determined by the appropriate Chief. The vacation request must indicate the start and end date.
2. Vacations for school-based administrators will not normally be approved when school is in session. Any special circumstances necessitating such a request must be documented and approved by the Chief Operations Officer.
3. Central Office Administrators are expected to be on duty during crucial periods of departmental and district operations, as determined by the appropriate Chief.
C. Procedures for Vacation Leave Requests by Classified Personnel
1. All vacation requests by classified personnel must be submitted in writing to the supervising administrator for approval five workdays prior to the date of the request, except in unusual circumstances as determined by the supervising administrator. The vacation request must indicate the start and end date.
2. Vacation requests for school-based personnel will not normally be approved when school is in session. Any special circumstances necessitating such a request must be documented and approved by the supervising administrator.
3. Classified personnel are expected to be on duty during crucial periods of departmental and district operations, as determined by the appropriate Chief.
V. PERSONAL LEAVE
Three days of accumulated sick leave may be utilized during each school year (July 01-June 30) for personal reasons provided that prior approval of the absence is given by the Superintendent or appropriate designee and provided that the presence of the employee requesting absence is not essential for effective School District operation. CCSD does not require employees to disclose the purpose for which such absence is sought.
Paid Parental Leave
Under 2021 revisions of O.C.G.A. § 45-20-17, employees who are considered full-time by the School District and who have completed six continuous months of employment will be eligible for paid parental leave for qualifying life events of birth of a child, placement of a minor child for adoption, or placement of a minor child for foster care. The employee will be required to provide satisfactory documentation of birth, adoption or foster care.
The maximum amount of paid parental leave that may be taken by an eligible employee during a rolling 12-month period is 240 work hours, regardless of the number of qualifying events that occur within such period. The rolling 12-month period will be measured backward from the date an eligible employee first uses paid parental leave. Such leave may be taken in increments of less than eight hours. Any remaining paid parental leave 12 months after the qualifying life event will not carry over for future use. Unused paid parental leave has no cash value at the time of an employee’s separation of employment with the School District.
Leave of absence related to paid parental leave will run concurrently and in coordination with any approved Family and Medical Leave. If both parents who experience a qualifying event as described under paid parental leave are employees of the School District, both employees are eligible for up to 240 hours of paid parental leave. The maximum 12-week leave provided under FMLA will continue to be limited to a combined 12 work weeks total leave.
Eligible employees who do not qualify for leave under the FMLA are provided up to 30 calendar days of a combination of paid or unpaid parental leave. Once paid parental leave reaches the maximum of 240 hours, the employee’s accrued leave may be utilized up to the maximum of 30 calendar days. In cases of maternity, unpaid parental leave may be extended beyond 30 calendar days, not to exceed the doctor’s estimated length of physical disability.
Unpaid Parental Leave
Employees who have been employed for at least 12 months and have at least 1,250 hours of service in the preceding 12 months may receive up to 12 cumulative weeks (60 work days) of unpaid parental leave during pregnancy, within one year of the birth of child, as a result of proceedings to prepare for the adoption or foster care of a child or within one year following the adoption or foster care placement of a child. The employee will be required to provide satisfactory proof of pregnancy, adoption or foster care.
Employees may utilize accrued leave during the term of unpaid Parental Leave.
Leave of absence related to paid or unpaid Parental Leave runs concurrently and in coordination with any approved FMLA leave. Under FMLA guidance, if both parents of a newborn child, newly adopted child or foster child as described above are employed by the School District, the 12-week leave will be limited to a combined 12 weeks total leave.
Employees who do not qualify for unpaid leave under the FMLA or paid parental leave under O.C.G.A. § 45-20-17 are provided up to 30 calendar days of unpaid parental leave. In cases of maternity, parental leave may be extended beyond 30 calendar days, not to exceed the doctor’s estimated length of physical disability.
Parental Leave Guidelines
Employees may utilize accrued leave during the term of Parental Leave.
1. The employee must notify the supervisor in writing of the desire to take such leave and, except in case of emergency, will give such notice at least 30 calendar days prior to the date on which leave is to begin.
2. An Extended Leave Request form and other documentation including, but not limited to, a Certification of Healthcare Provider form, adoption or foster care orders, must be completed and submitted to the Benefits Office at least 30 calendar days prior to the date on which leave is to begin.
3. An employee is required to return to work on the next scheduled work day following the approved leave period. An employee returning from Parental Leave will be assigned to the same or substantially equivalent position.
4. In cases of maternity:
• Any employee who is pregnant will be eligible for a leave of absence to begin at a time to be determined by the employee, the physician, and the employee’s immediate supervisor between the commencement of the pregnancy and the anticipated date of delivery.
• An employee may continue in active employment as late into her pregnancy as she desires provided, she is able to perform properly the required functions of her job.
• An employee may use all accumulated sick leave credited to her, not to exceed the doctor’s estimated length of physical disability.
• If the employee’s accumulated sick leave is insufficient to cover the length of physical disability, the employee may apply for short-term disability benefits through the Benefits Office.
• Maternity Leave is granted for the period of disability. An employee requesting maternity leave must include medical certification of the beginning and ending date of disability.
VII. MILITARY FAMILY LEAVE
Regular (not temporary) employees who have spouses deployed overseas by the United States Military for service in a war zone area (i.e., Iraq, Afghanistan, or other officially designated war zone or war zone support areas, as determined by the U.S. Military and approved by the Benefits Office) may request up to a maximum of seven days of CCSD-paid Military Family Leave during a 12-month period, for days immediately prior to deployment, days immediately upon returning from deployment, or during a spouse’s temporary furlough. The 12-month period will be measured back from the date the employee begins using any CCSD Military Family Leave for this purpose.
Prior to applying for Military Family Leave, an employee must exhaust all available personal leave.
In no case will the combination of CCSD-paid Military Family Leave, as described in the first paragraph, and personal leave referenced in the second paragraph, exceed 10 days during a 12-month period.
To apply for Military Family Leave, the employee must complete the Extended Leave Request form and provide a copy of the spouse’s military orders to the Benefits Office at least five working days in advance of the requested absence, unless prevented by military necessity, as determined and approved by the Benefits Office.
VIII. MILITARY LEAVE
Every regular (not temporary or substitute) employee is eligible for military leave according to the following provisions:
A. Leave of Absence
1. An employee is eligible for a leave of absence from his/her duties while engaged in the performance of ordered military duty and while going to and returning from such duty.
2. An employee is eligible for a leave of absence while in attendance, as a member of the armed forces of the United States or reserve component, at any service school(s) conducted by the armed forces of the United States, and while going to and returning from such school(s), notwithstanding that orders for such attendance are or may be issued with the consent of the employee.
B. Notice of Leave Requirements
1. Employees who have military commitments must inform their immediate supervisor and cooperate to the extent possible in scheduling such leave so as to minimize the disruption in those employees’ duties.
2. The employee is required to provide a copy of the official orders for military duty along with the School District Extended Leave Request form for military leave.
3. Upon receiving notice from the employee, the supervisor must immediately inform the Benefits Office and the Payroll Office of any and all leave requests.
C. Employment and Reemployment Rights
1. Time during which an employee is absent pursuant to the provisions above does not constitute an interruption of continuous employment. No such employee will lose any time, service, increment, vacation, or holiday privileges, or any other right or privilege, by reason of such absence, or be prejudiced, by reason of such absence, with reference to continuance of employment or promotion.
2. The period an individual must make application for reemployment or report back to work after military service, is based on time spent on military duty, not on the category of service performed. Timely notice is determined as follows:
a. For service of less than 31 days, the service member must return at the beginning of the next regularly scheduled work period on the first full day after release from service, considering safe travel home plus an eight-hour rest period.
b. For service of more than 30 days but less than 181 days, the service member must submit an application for reemployment within 14 days of release from service.
c. For service of more than 180 days, an application for reemployment must be submitted within 90 days of release from service.
3. If the absence is for more than 90 days, the employee is required to provide documentation of the completion of military service and release date, including the discharge papers (if applicable).
4. Upon receiving request for reemployment from the employee, the supervisor must immediately inform the Benefits Office and the Payroll Office.
D. Paid Leave
1. An employee on military duty leave is paid their regular salary for any and all periods of absence while engaged in the performance of ordered military duty and while going to and returning from such duty, not exceeding a total of 18 work days in any one calendar year and not exceeding 18 work days in any one continuous period of absence.
2. In the event the Governor of the State of Georgia declares an emergency and orders an employee to start active duty as a member of the National Guard, an employee, while performing such duty, is paid their regular salary for a period not exceeding 30 work days in any one calendar year and not exceeding 30 work days in any one continuous period of such State activated military duty service.
E. Continuation of Health Insurance Coverage and Retirement Service Credit
1. If an employee’s State Health Insurance coverage would terminate because of an absence due to military service, the employee may be eligible to elect to continue the health plan coverage for up to 24 months after the absence begins, or the period of service, whichever is shorter. Inquiries related to continuation of health insurance benefits during a leave of absence may be directed to CCSD’s Benefits Office or to the State Health Benefit Plan by calling 1-800-610-1863. *
2. An employee who has been absent for military leave may be eligible to establish retirement credits for military service. Inquiries may be directed to the Public School Employees Retirement System office by phone at 404-352-6400 or the Teachers Retirement System office by phone at 1-800-352-0650. *
*Strict time limitations will apply.
Revised July 2024