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Licensed Employee Personal Illness Leave

Code No.  409.2

Licensed employees will be granted fifteen days of sick leave in their first year of employment.  "Day" is defined as one work day regardless of full-time or part-time status of the employee.  A new employee will report for work at least one full work day prior to receiving sick leave benefits.  A returning employee will be granted the appropriate number of days at the beginning of each fiscal year.

Unused portions of sick leave shall accumulate up to 105 days at the beginning of the contract period.  At that point, 15 days for the current year will be added to the accumulated amount for a total available amount up to 120 days, of which only 105 days will be available to carry over into the next year.

Should the personal illness occur after or extend beyond the sick leave accumulated allowance, the employee may apply for disability benefits under the group insurance plan.  If the employee does not qualify for disability benefits, the employee may request a leave of absence without pay.

Evidence may be required regarding the mental or physical health of the employee when the administration has a concern about the employee's health.  Evidence may also be required to confirm the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the employee's position.  It is within the discretion of the board or the superintendent to determine the type and amount of evidence necessary.  When an illness leave will be greater than three consecutive days, the employee will comply with the board policy regarding family and medical leave.

The requirements stated in the Master Contract between employees in the certified collective bargaining unit and the board regarding the personal illness leave of such employees will be followed.

Legal Reference:          Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942).

                                    29 U.S.C. §§ 2601 et seq. (2012)

                                    29 C.F.R. Pt. 825 (2012).

                                    Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2013).

                                    1980 Op. Att'y Gen. 605.

                                    1972 Op. Att'y Gen. 177, 353.

                                    1952 Op. Att'y Gen. 91.


Cross Reference:         403.2   Employee Injury on the Job

                                    409.3   Licensed Employee Family and Medical Leave

                                    409.8   Licensed Employee Unpaid Leave

Initially Approved   03-12-2001                        Last Reviewed   05-09-2016                               Last Revision                              

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