Stevensville School District
PERSONNEL
Leaves of Absence
Sick and Bereavement Leave
Certified employees will be granted sick leave according to terms of their collective bargaining agreement.
Classified employees will be granted sick leave benefits in accordance with § 2-18-618, MCA. For classified staff, “sick leave” is defined as a leave of absence, with pay, for a sickness suffered by an employee or an employee’s immediate family. Sick leave may be used by an employee when they are unable to perform job duties because of:
- A physical or mental illness, injury, or disability;
- Maternity or pregnancy-related disability or treatment, including prenatal care, birth, or medical care for the employee or the employee’s child;
- Parental leave for a permanent employee as provided in § 2-18-606, MCA;
- Quarantine resulting from exposure to a contagious disease;
- Examination or treatment by a licensed health care provider;
- Short-term attendance, at the school district’s discretion, to care for a person (who is not the employee or a member of the employee’s immediate family) until other care can reasonably be obtained;
- Necessary care for a spouse, child or parent with a serious health condition, as defined in the Family and Medical Leave Act of 1993; or
- Death or funeral attendance of an immediate family member or, at an agency’s discretion, another person.
Nothing in this policy guarantees approval of the granting of such leave in any instance. The District will judge each request in accordance with this policy and governing collective bargaining agreements.
It is understood that seniority will accumulate while a teacher or employee is utilizing sick leave credits. Seniority will not accumulate, unless an employee is in a paid status. Abuse of sick leave is cause for disciplinary action up to and including termination of employment.
Immediate family is defined as an employee’s spouse and any member of the employee’s household, or any parent, child, grandparent, grandchild, or corresponding in-law.
An employee who has suffered a death in the immediate family will be eligible for bereavement leave. The Superintendent has the authority to grant bereavement leave for up to five (5) days. Bereavement leave longer than five (5) days must be approved by the Board. Such leave will not exceed three (3) months unless prescribed by a physician.
Personal and Emergency Leave
Teachers will be granted personal and emergency leave according to terms of the current collective bargaining agreement. Upon recommendation of the Superintendent, and in accordance with law and District policy, classified staff may be granted personal leave pursuant to the following conditions:
- Leave will be without pay unless otherwise stated. If leave is to include expenses payable by the District, leave approval will so state.
- Leave will be granted only in units of half (½) or full days.
- Notice of at least one (1) week is required for any personal leave of less than one (1) week; notice of one (1) month is required for any personal leave exceeding one (1) week.
- The Superintendent has the flexibility, in unusual or exceptional circumstances, to grant personal leave to employees not covered by sick or annual leave. The employee will not receive fringe benefits during any personal leave of greater than fifteen (15) days. During the leave, the employee may pay the District’s share of any insurance benefit program in order to maintain those benefits, provided that is acceptable to the insurance carrier. Staff using personal leave will not earn any sick leave or annual leave credits or any other benefits during the approved leave of absence.
Civic Duty Leave
Leaves for service on either a jury or in the Legislature will be granted in accordance with state and federal law. A certified staff member hired to replace one serving in the Legislature does not acquire tenure.
An employee who is summoned to jury duty or subpoenaed to serve as a witness may elect to receive regular salary or to take annual leave during jury time. An employee who elects not to take annual leave, however, must remit to the District all juror and witness fees and allowances (except for expenses and mileage). The District may request the court to excuse an employee from jury duty, when an employee is needed for proper operation of the school.
Legal Reference:
42 U.S.C §2000e Equal Employment Opportunities
§ 2-18-601(15), MCA Definitions
§ 2-18-618, MCA Sick leave
§ 2-18-619, MCA Jury Duty – Service as Witness
§ 39-2-104, MCA Mandatory Leave of Absence for employees Holding public office employers
§ 49-2-311, MCA Reinstatement to job following pregnancy- related leave of absence
Policy History:
Adopted on: February 2002
Reviewed on: June 2010
Revised on: October 8, 2013
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