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Classified Employee Personal Illness Leave

Code No.  414.2

Classified employees will be annually granted fifteen (15) days of leave with full pay for absences due to personal illness or injury.  "Day" is defined as one work day regardless of full-time or part-time status of the employee.  Employees shall be credited with the leave on the first day of reporting to work for the new contract year.  Unused portions of sick leave shall accumulate up to one hundred five (105) days at the beginning of the contract period.  At that point, the fifteen (15) days for the current year will be added to the accumulated amount for a total available amount of up to one hundred twenty (120) days of which only one hundred five (105) days will be available to carry over into the next year.

Should the personal illness occur after or extend beyond the accumulated sick leave, 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 including, but not limited to, confirmation of the following:  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 and 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 board policy regarding family and medical leave.

If an employee is eligible to receive workers' compensation benefits, the employee will contact the board secretary to implement these benefits.

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); 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

                                    414.3   Classified Employee Family and Medical Leave

                                    414.8   Classified Employee Unpaid Leave


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

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