I. Rules.

The following provisions shall apply to usage of paid leave for illness, injury, and/or disability (hereinafter "sick leave”) by eligible employees:

A. Eligible employees may be required to file a doctor's statement certifying to the need for the absence when using leave for illness, injury, or disability.

B. An eligible employee who has been absent due to illness, injury or disability shall report the absence and set forth the reason he or she is entitled to sick leave. Absences shall be reported through the building principal or immediate supervisor. 

C. When an eligible employee becomes aware of circumstances which may require an extended absence, such employee shall notify his/her immediate supervisor. Circumstances that would require such notice include but are not limited to: pregnancy, extended illness, personal injury, anticipated surgery, hospitalization and/or disability preventing the performance of the employee’s job. The eligible employee may be required to furnish a written statement from his/her physician confirming the condition and providing an opinion as to the employee's physical and/or mental ability to continue employment. If applicable, the physician shall advise the District of the scheduled date of surgery, the expected delivery date for pregnancy, and/or the date the employee should discontinue work.

D. The Superintendent or his/her designee may make a continuing request for medical evidence demonstrating the continued need for sick leave and may also request a physician’s opinion as to the anticipated date that the eligible employee will be able to return to work.

E. Except as provided by the Family Medical Leave Act, eligible employees may use accumulated paid leave in the event there is illness in the immediate family; however, the maximum number of days per school year that can be used for this purpose is ten (10). The Superintendent or his/her designee may waive this maximum number for extenuating circumstances.

F. The District may limit any of the above provisions if an eligible employee has abused the District’s provisions governing leaves of absence.

G. The District may permit an employee who has available vacation to substitute vacation in lieu of sick leave for reasons of illness, injury, and/or disability.

II. On-the-job Injury

Employees sustaining an injury arising out of and in the course of his/her employment with the District shall immediately notify the building principal and/or his/her immediate supervisor and shall obtain and complete a worker’s compensation accident report form. The form should be sent to the Human Resources office within twenty-four (24) hours of the injury. The employee must also complete the Choice of Doctor form (Form 50) made available by the employee’s supervisor or Human Resources Department. Failure to complete and return the fully completed Form 50 within a reasonable period of time, not to exceed 30-days from the date of injury, provides the District the right to select a physician to treat the employee in accordance with Neb. Rev. Stat. § 48-120.

III. Definitions:

A. "Eligible employee” shall mean an employee who has not exhausted his/her paid sick leave provided for by the applicable collective bargaining agreement or Board approved administrative allowance in the absence of a collective bargaining agreement.

B. "Extended period of absence” shall mean an absence of three (3) or more consecutive work days.

C. "Immediate family” shall mean the employee's spouse, parents, children, grandchildren, brothers, sisters, grandparents, mother‑in‑law, father‑in‑law, sisters‑in‑law, brothers‑in‑law, sons‑in‑law, daughters‑in‑law, spouse’s grandparents, or any relative who is a permanent resident in the employee's home or for whom the employee has specific legal responsibility.

I. Procedure 

Employees who qualify and are eligible for long term disability under the District's Group Income Protection Plan (hereinafter “the Plan”) shall be considered to be separated from employment under the Plan upon initial receipt of benefits under the Plan. In order to receive benefits under the Plan, the following procedures shall be followed: 

A. The employee or his/her designee shall submit a written application for Long Term Disability benefits on the form approved by the Plan’s insurance provider. The Plan’s insurance provider shall review the request and the insurance provider shall determine if the employee is eligible for benefits under the terms of the Plan. The employee’s written application must establish and certify that the employee is unable to do the essential functions of the employee’s job with or without reasonable accommodations. 

B. Upon approval of benefits under the Plan by the Plan’s insurance provider, the employee shall submit a written resignation to the Superintendent or his/her designee as a condition of receiving benefits. The employee’s written resignation must establish and certify that the employee is unable to do the essential functions of the employee’s job with or without reasonable accommodations. 

C. In the event the former employee is able to return to his/her job with or without reasonable accommodation within one (1) year of initial receipt of long-term disability benefits under the Plan, the former employee shall be entitled to preferred re-employment by the District. To be eligible for preferred re-employment under this provision, written notice must be provided by the employee to Human Resources within one (1) year of the date benefits were first received under the Plan. 

1. If a former employee returns to employment within one (1) year of initial receipt of Plan benefits, the District will use reasonable efforts to re-employ the employee in an available position comparable to the position held prior to the employee’s resignation for which the employee is qualified by virtue of certification and licensure. 

2. In the event long-term disability benefits exceed one (1) year, the former employee will not be entitled to preferred re-employment with the District, but the former employee may apply for future employment with the District as an applicant without any preferred right of employment. 

D. In the event an employee applies for benefits under the Plan, but benefits are denied by the Plan’s insurance provider, the employee may request leave under Board Rule 4510.5 (Extended Leave Without Pay) and/or Board Rule 4510.6 (Family and Medical Leave Act) as applicable. 

II. Salary and Benefits 

If an employee is awarded long-term disability benefits under the Plan, during the period of separation no salary or benefits shall be paid nor will the employee be advanced on any salary schedule. Any insurance coverage provided to the former employee by the District immediately prior to the separation associated with long-term disability benefits may be continued during the period of disability at the former employee’s expense in accordance with the provisions of COBRA and the insurance plan(s). This Rule shall apply to all persons who are or have been receiving benefits under the Plan.

I. Paid leave may be granted to eligible employees for personal business obligations or unforeseen emergencies (hereinafter "B/E leave”) which cannot be scheduled on non-duty days or at a time other than during working hours. 

II. Requests for B/E leave shall be reviewed by the employee’s immediate supervisor. Approval of B/E leave shall be at the sole discretion of the District and will be based upon the following factors: 

A. The particular date the leave is requested, 

B. The number of requests for the date requested, 

C. The availability of a substitute (if needed), and 

D. Any other factors deemed relevant by the District. 

III. Sufficient Grounds for B/E Leave: 

A. Examples of situations for which B/E leave may be granted are: 

1. Legal matters which cannot be arranged at a time other than during working hours. 

2. To attend the funeral of a friend or non-immediate family member. 

3. Doctor or dental appointments for employee or immediate family members which cannot be scheduled at a time other than during working hours. 

4. Employee’s college requirements including, but not limited to, meeting with an advisor, taking tests and other District approved course requirements which cannot be scheduled at a time other than during working hours. 

5. Closing on the sale or purchase of employee’s personal primary residence. 

6. Moving to or from a house which cannot be scheduled at a time other than working hours. 

7. Weddings and/or graduations of the employee, of a family member (including a non-immediate family member), of a friend, or when the employee’s children participate. 

(Note: Employees are limited to paid leave for the day of the graduation or wedding; however, a second B/E day will be allowed for travel if the ceremony is more than 200 miles away.) 

8. Attending a competition where the employee is the spouse of an employee‑participant or the parent of a student‑participant. 

9. Observation of major religious holiday as approved by the Human Resources Office. 

10. District approved course-work. 

11. Serious illness of a friend or family member (including non-immediate family members). 

12. Designated remote-learning/online learning days when school is closed, but classes are continued online.

B. Examples of Insufficient Grounds for B/E Leave: 

1. Accompanying a spouse on a business trip or vacation. 

2. Applying or interviewing for a position outside the District. 

3. Entertaining, shopping and/or running errands. 

4. Closing on the sale or purchase of rental, business, or secondary property. 

5. Looking for housing. 

6. Personal recreational activities, (e.g. hunting, fishing, hobbies, family or personal 
vacations and family business trips.) 

C. Leave without pay may be granted for any of the above grounds if approved by the Superintendent or his/her designee. 

IV. Definitions: 

A. "Eligible employees” shall mean employees who have not exhausted their paid leave (i.e. paid sick leave) provided for by the applicable collective bargaining agreement or Board approved administrative allowance in the absence of a collective bargaining agreement. Use of B/E leave shall reduce the paid leave allocation of the employee. 

B. "Immediate family” shall mean employee’s spouse, parents, children, grandchildren, brothers, sisters, grandparents, mother‑in‑law, father‑in‑law, brother‑in‑law, sister‑in‑law, son‑in‑law, daughter‑in‑law, spouse’s grandparents or any other relative who is a permanent resident in the employee’s home or for whom the employee has specific legal responsibility. 

C. “Working hours” shall mean the regularly scheduled hours of work assigned to an employee as determined by the Superintendent or designee and in accordance with applicable collective bargaining agreement or Board approved administrative allowance in the absence of a collective bargaining agreement.

I. Requests for leave without pay will be considered on an individual basis. Factors which may be considered for determination will include the following:

A. The amount of leave time requested, 

B. The frequency of the employee’s request for leave without pay, 

C. The availability of a substitute (if necessary), 

D. The effect of the employee taking leave would have on the educational process or District operation, and 

E. Any other factors deemed relevant by the District. 

Requests for an extension of leave without pay after a medical leave has expired or as a short-term accommodation will also be considered on an individual basis. The District discourages the use of leave without pay for vacations and/or spousal business trips.

II. Procedure. Initial approval or denial will be made by the employee’s immediate supervisor. The supervisor’s recommendation will be submitted to the Human Resources Office for final determination.

III. Benefits and Salary Schedule. If an employee elects to take leave without pay for a period exceeding ten (10) working days, the unpaid leave period shall also be leave without paid benefits.

IV. Violation of District Determination. If a request for leave without pay is denied and the employee takes unauthorized leave or the employee takes more leave than the amount authorized by the District, the employee’s actions shall constitute neglect of duty, insubordination, and conduct which interferes substantially with the continued performance of the employee’s duties as set forth in 79-824(4) and the District may take any discipline as authorized by policy, rule or law.

I.     A leave of absence without pay is leave for one or more semesters or, in the case of leave related to the Family and Medical Leave Act (FMLA), for a period of time extending beyond the qualified FMLA entitlement. 

A leave of absence without pay may be granted for the following:

A. Staff desiring to continue one’s education,

B. Personal or immediate family health reasons, 

C. Staff desiring to stay at home with one’s children, or

D. A leave of absence without pay may also be granted for other personal reasons depending upon the circumstances at the sole discretion of the District. 

A leave of absence without pay will not be granted for the following:

A. If the purpose of the requested leave of absence or the reason necessitating the leave request is to seek or obtain other employment in a certificated role,

B. If the employee intends to work for another school district during the leave of absence without pay, or

C. If the staff member is moving from the Omaha area for any reason other than continuing one’s education.

II.    Procedures and Conditions.  After a minimum of one (1) full year of employment with the District, a leave of absence without pay may be requested.  The following procedure must be followed:

A. A request for a leave of absence without pay must be submitted in writing to the Human Resources Office and all such requests must be approved by the Human Resources Office.  Such approvals are not routine or automatic and are subject to the District’s staffing needs and requirements.  When a certificated staff member submits a request for a leave of absence without pay for one full semester or more, the request must also be approved by the Board of Education.

B. A leave of absence without pay may be granted for up to one full school year.  Any leave of absence without pay that exceeds one full semester shall be considered one school year.  To continue a leave of absence without pay beyond one school year, the employee must reapply.  A subsequent leave of absence without pay for two consecutive school years will only be granted in extreme circumstances.

C. A request for a leave of absence without pay to continue one’s education must be submitted at least one semester prior to the requested leave and must include the name of the institution, the course of study and the number of semester credit hours to be completed.  The course of study must meet the approval of the District.  A minimum of nine (9) credit hours must be earned for each semester of leave.

D. A leave of absence agreement must be accepted by the certificated staff member requesting the leave prior to the request being submitted to the Board of Education for approval.

E. When an employee intends to return to work from a leave of absence without pay, the employee shall report this intention in writing to the Human Resources Office by the following deadlines:

        (1) on or before March 15 when the employee intends to return to work at the beginning of the following school year; or

        (2) no fewer than thirty (30) days prior to the date that the requested leave expires when the employee intends to return to work during the middle of a school year.

        (3) For leave of absences without pay that lasts fewer than 30 days, the employee shall provide such notice prior to the date that leave commences.  

If no such written notice is received by the applicable deadline, the employee’s inaction will be considered a resignation.  The District shall not be responsible for reminding an employee of this requirement.

III. Salary and Benefits.  During a leave of absence without pay, the employee will not receive salary or credit for years of service with the District.  Any insurance coverage provided to the employee by the District immediately prior to the leave of absence may be continued during such leave at the employee’s expense in accordance with the provisions of COBRA and the insurance plan(s).

IV. Return to Employment.  The District does not guarantee that an employee on a leave of absence without pay will return to the same building location or to the position held prior to the leave of absence.  Reasonable efforts will be made to place the employee in the same or comparable position upon returning to employment.  An employee returning from leave must verify the leave was for the purpose requested.

I. Entitlement to Unpaid Leave under the FMLA. 

A. Eligibility for Family/Medical Leave. Any employee with 12 months or more of service who worked 1,250 hours or more in the immediately preceding 12 months is eligible for a Family Leave and Medical Leave Act (FMLA). An eligible employee shall be entitled to a total of 12 work weeks of leave during any 12-month period for one or more of the following reasons: 

1. The birth of a son or daughter of an employee and in order to care for such son or daughter; 

2. The placement of a son or daughter with an employee for adoption or foster care; 

3. To care for a spouse, son, daughter, or parent of an employee if such spouse, son, daughter, or parent has a serious health condition; 

4. A serious health condition that makes an employee unable to perform the functions of the position of such employee; and/or

5. A qualifying exigency arising out of employee’s spouse, son, daughter or parent being on covered active duty or who has been notified of an impending call or order to covered active duty; 

An employee’s cumulative absences under this policy may not exceed 12 weeks in any 12 month period. The 12-month period shall be measured backward from the date the employee uses the FMLA leave. If employee’s spouse also works for the District, their combined FMLA leave for any purpose other than their own serious health condition or that of a child or spouse shall be limited to 12 weeks in a 12-month period, except as hereinafter provided. 

B. Military Family Leave under the Family and Medical Leave Act. An eligible employee shall be entitled to FMLA leave for any qualifying exigencies arising from the foreign deployment of the employee’s spouse, son, daughter or parent with the Armed Forced or to care for a serviceman with a serious injury or illness if the employee is the servicemember’s spouse, son, daughter, parent or next of kin as follows: 

1.Thirty (30) days during the time the deployment order is in effect for a spouse or parent of the employee as set forth in the Nebraska Family Military Leave Act; 

2. A total of 12 work weeks of leave during any 12-month period because of any qualifying exigency arising out of the fact that a spouse, son, daughter or parent is on covered active duty or has been notified of an impending call or order to covered active duty in the Armed Forces; or

3. A total of 26 work weeks of leave during any 12-month period to care for a covered servicemember who is a spouse, son, daughter, parent, or next of kin, when the covered servicemember is: 

i. A member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in outpatient status or on the temporary disability retired list, for a serious injury or illness incurred in the line of duty on active duty, or existed before the beginning of the servicemember’s active duty and was aggravated by service in the line of duty in the Armed Forces, and which may render the servicemember medically unfit to perform the duties of the servicemember’s office, grade, rank, or rating. 

ii. A veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy, for a qualifying injury or illness, as defined by the Secretary of Labor, that was incurred by the member in the line of duty on active duty in the Armed Forces, or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces, and that manifested itself before or after the member became a veteran. 

C. Expiration of Entitlement for Child Birth or Adoption Leave. The entitlement to leave for child birth or adoption leave shall expire at the end of the 12-month period beginning on the date of such birth or placement. 

D. Combined Leave Total. An eligible employee shall be limited to a combined total of 26 work weeks of leave for any FMLA-qualifying reasons during the single 12-month period for the combination of Family/Medical Leave and Military Family Leave.

E. Paid and Unpaid Leave. If the District provides paid leave for a lesser period of time, the additional weeks of leave necessary to attain the days or work weeks of leave required under this Rule will be provided without compensation. 

1. The District shall require the employee to substitute any of the employee’s available paid sick leave for any part of the time period for such leave. An employee may elect to utilize available vacation time for FMLA leave if available.

2. No extensions beyond the required periods of leave for any given 12-month period will be allowed without prior District approval. However, if an employee uses paid leave under circumstances that are determined by the District not to qualify as FMLA leave, the leave will not count against the weeks of FMLA leave to which the employee is entitled. 

3. If any of the above provisions are subject to a collective bargaining agreement, and provided that such provisions do not impose additional limitations or violate state or federal law, the provisions of the collective bargaining agreement shall prevail. 

F. Intermittent or Reduced Leave. 

1. Immediate Family or Employee Health or Servicemember Family Leave for Instructional Personnel. Subject to the following paragraphs, in any case in which an eligible District employee, employed principally in an instructional capacity for the District, requests leave for immediate family, employee health, or servicemember family leave that is foreseeable based on planned medical treatment, and the employee would be on leave for greater than 20% of the total number of working days in the period during which the leave would extend, the District may require that such employee elect either: 

a. To take leave for periods of a particular duration, not to exceed the duration of the planned medical treatment; or 

b. To transfer temporarily to an available alternative position offered by the District for which the employee is qualified and that: 

i. Has equivalent pay and benefits; and 

ii. Better accommodates recurring periods of leave than the employee’s regular employment position. 

2.Immediate Family or Employee Health or Servicemember Family Leave for Non-Instructional Personnel. Leave for immediate family, employee health, or servicemember family leave may be taken intermittently or on a reduced leave schedule when medically necessary. The taking of leave intermittently or on a reduced leave schedule pursuant to this paragraph shall not result in a reduction of the total leave to which the employee is entitled beyond the amount of leave actually taken. If an employee requests intermittent leave, or leave on a reduced leave schedule under this section that is foreseeable based on planned medical treatment, the District can require such employee to transfer temporarily to an available alternative position offered by the District for which the employee is qualified and that: 

a. Has equivalent pay and benefits; and 

b. Better accommodates recurring periods of leave than the employee’s regular employment position. 

G. Birth or Adoption Leave. Birth or adoption leave shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the District agree otherwise. 

II. Employee’s Notice Requirement for Births or Adoptions. In any case in which the necessity for leave for child birth or adoption leave is foreseeable based on an expected birth or placement, the employee shall provide the District Human Resources Office with not less than 30 days’ notice before the date the leave is to begin of the employee’s intention to take leave, except that if the date of the birth or placement requires leave to begin in less than 30 days, the employee shall provide such notice as soon as is practicable. 

III. Requirement for Health Leave or Servicemember Family Leave. 

A. In any case in which the necessity for leave for immediate family, employee health, or servicemember family leave is foreseeable based on planned medical treatment, the employee: 

1. Shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the District, subject to the approval of the health care provider of the employee or the health care provider of the son, daughter, spouse, parent, or next of kin of the employee, as appropriate; and 

2. Shall provide the District Human Resources Office with not less than 30 days’ notice, before the date the leave is to begin, of the employee’s intention to take leave under such subparagraph, except that if the date of such treatment requires leave to begin in less than 30 days, the employee shall provide such notice as soon as is practicable. 

B. In any case in which the necessity for leave for an impending family member’s call to covered active duty is foreseeable, whether because the spouse, or a son, daughter, or parent of the employee is on covered active duty, or because of notification of an impending call or order to covered active duty in the Armed Forces, the employee shall provide such notice to the District as is reasonable and practicable. 

IV. Certification for Serious Health Condition Leave. The District shall require that a request for leave for immediate family or employee health be supported by a medical certification issued by the health care provider of the eligible employee or of the son, daughter, spouse, or parent of the employee, as appropriate, which sets forth the information required by 29 C.F.R. § 825.306(a). 

A. Clarification and Authentication. The District may contact the health care provider for purposes of clarification and authentication of the medical certification, whether an initial certification or recertification, after the employee has been given the opportunity to cure deficiencies and as provided in 29 C.F.R. § 825.307(a). It is the employee’s responsibility to provide the District with a complete and sufficient medical certification and to clarify the medical certification if necessary. 

B. Second Opinion. In any case in which the District has reason to doubt the validity of the medical certification, the District may require, at the expense of the District, that the eligible employee obtain the opinion of a second health care provider designated or approved by the District concerning any information certified above for such leave. A health care provider so designated by the District shall not be employed on a regular basis by the District. 

C. Resolution of Conflicting Opinions. In any case in which the second opinion described above differs from the opinion of the original certification provided under this Rule, the District may require, at the expense of the District, that the employee obtain the opinion of a third health care provider designated or approved jointly by the District and the employee concerning the information so certified under this Rule. The opinion of the third health care provider concerning the information certified under this Rule shall be considered to be final and shall be binding on the District and the employee. 

D. Recertifications. The District may require that the eligible employee obtain recertification no more often than every thirty days in accordance with 29 C.F.R. § 825.308. 

V. Certification for Qualifying Exigency and Military Caregiver Leave. 

The District shall require that for a request for qualifying exigency or military caregiver leave, the employee provide a copy of the documentation issued by the military or a health care provider certification, and the applicable Department of Labor forms or another District form containing the same basic information. 

VI. Spouses Employed by the District. In any case in which a husband and wife are both eligible for leave under this Rule are both employed by the District, the aggregate number of work weeks to which both may be entitled will be limited as follows: 

A. To 12 work weeks during any 12-month period for child birth and bonding with the newborn child, or adoption and bonding with the newly placed child, or immediate family health leave. 

B. To 26 work weeks during any single 12-month period for the care of a servicemember with a serious injury or illness referred to as “military caregiver leave”, if each spouse is a parent, spouse, son or daughter or next of kind of the servicemember. 

Eligible spouses who are both employed by the District are each entitled to up to 12 work weeks of FMLA in a 12-month period without regard to the amount of FMLA leave their spouse uses for the following FMLA qualifying reasons: 

A. The care of a spouse or son or daughter with a serious health condition; 

B. A serious health condition that makes the employee unable to perform the essential functions of his or her job; and 

C. Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a military member on “covered active duty.” 

VII. Employment and Benefits Protection. 

A. Restoration to Position. Except as otherwise provided, any eligible employee who takes leave under this Rule for the intended purpose of the leave shall be entitled, on return from such leave: 

1. To be restored by the District to the position of employment held by the employee when the leave commenced; or 

2. To be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. For purposes of determinations relating to restoration to an equivalent position, such determination shall be made on the basis of established District board policies and practices and collective bargaining agreements. 

B. Employment Benefits. The taking of leave shall not result in the loss of any employment benefits accrued prior to the date on which the leave commenced. 

C. Limitations. Nothing in this section shall be construed to entitle any restored employee to: 

1. The accrual of any seniority or employment benefits during any period of leave; or 

2. Any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave. 

D. Periodic Reporting. The District may require an employee on child birth or adoption, immediate family, or employee health leave to report periodically on the status and intention of the employee to return to work. 

VIII. Maintenance of Employee Benefits. 

A. Coverage. Except as provided in the next succeeding paragraph, during any period that an eligible employee takes leave under this Rule, the District shall maintain coverage under the applicable benefit plan(s), including health, dental, and vision, for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. 

B. Failure to Return from Leave. The District may recover the premium that the District paid for maintaining coverage for the employee under such applicable benefit plan(s) during any period of unpaid leave if: 

1. The employee fails to return from leave under this Rule after the period of leave to which the employee is entitled has expired; and 

2. The employee fails to return to work for a reason other than: 

i. The continuation, recurrence, or onset of a serious health condition that entitles the employee to immediate family or employee health leave, or servicemember family leave; or 

ii. Other circumstances beyond the control of the employee. 

C. Certification. For a claim made under preceding paragraph VIII. B.2., the District may require a timely certification by the treating health care provider on a form provided by the District to be submitted to the District Human Resources Office. 

IX. Rules Applicable to Periods near the Conclusion of an Academic Term. The following rules shall apply with respect to periods of leave near the conclusion of the District’s academic term in the case of any eligible employee employed principally in an instructional capacity by the District: 

A. Leave More than Five Weeks Prior to the End of Term. If the eligible employee begins leave under this Rule more than five weeks prior to the end of the academic term, the District may require the employee to continue taking leave until the end of the term, if: 

1. The leave is of at least three weeks duration; and 

2. The return to employment would occur during the three-week period before the end of such term. 

B. Leave Less than Five Weeks Prior to the End of Term. If the eligible employee begins immediate family, employee health, child birth or adoption or servicemember family leave during the period that commences less than five weeks prior to the end of the academic term, the District may require the employee to continue taking leave until the end of such term, if: 

1. The leave is of greater than two weeks duration; and 

2. The return to employment would occur during the two-week period before the end of such term. 

C. Leave Less than Three Weeks Prior to the End of Term. If the eligible employee begins immediate family, employee health, child birth or adoption or servicemember family leave during the period that commences less than three weeks prior to the end of the academic term and the duration of the leave is greater than five working days, the District may require the employee to continue to take leave until the end of such term. 

X. Definitions. 

A. Academic Term shall mean either of the two school semesters. 

B. Covered Active Duty shall mean in the case of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country, and in the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in 10 U.S.C. § 101(a)(13)(B). 

C. Covered Servicemember shall mean a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness, or a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. 

D. Eligible Employee shall mean an employee who has been employed by the District for at least 12 months and for at least 1250 hours of service with the District during the previous 12-month period. 

E. Employment Benefits shall mean all benefits provided or made available to District employees, regardless of whether such benefits are provided by a District practice or written policy or through an employee benefit plan. 

F. Health Care Provider shall mean a doctor of medicine or osteopathy who is authorized to practice medicine or surgery, as appropriate, by the State in which the doctor practices or any other person determined by the Secretary of Labor to be capable of providing health care services. 

G. Instructional Employees shall mean those whose principal function is to teach and instruct students in a class, small group, or on an individual basis. This term includes not only teachers, but also athletic coaches, driving instructors, and special education assistants. This term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily noninstructional employees. 

H. Next of Kin of a Covered Servicemember shall mean the nearest blood relative other than the covered servicemember’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. 

I. Parent shall mean a biological, adoptive, step or foster father or mother of an employee or an individual who stood in loco parentis (i.e., in the place of a parent) to an employee when the employee was a son or daughter. This term does not include parents-in-law. 

J. Reduced Leave Schedule shall mean a leave schedule that reduces the usual number of hours per workweek, or hours per work day, of an employee. 

K. Serious Health Condition shall mean an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility, or continuing treatment by a health care provider. 

L. Serious Injury or Illness shall mean for members of the Armed Forces, including members of the National Guard or Reserves, an injury or illness incurred by the member in the line of duty on active duty in the Armed Forces, or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces, and that may render the member medially unfit to perform the duties of their office, grade, rank, or rating, and shall mean for veterans who were members of the Armed Forces, including the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy, a qualified injury or illness, as defined by the Secretary of Labor, that was incurred by the veteran in the line of duty on active duty in the Armed Forces, or existed before the beginning of the veteran’s active service and was aggravated by service in the line of duty on active duty in the Armed Forces, and that manifested itself before or after the member became a veteran. 

M. Son or Daughter shall mean a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age or who is 18 years of age or older and incapable of self-care because of a mental or physical disability. 

N. Spouse shall mean husband or wife as defined or recognized under State law for the purposes of marriage in the State where the employee resides. 

O. Twelve-Month Period shall mean, for purposes of child birth or adoption, immediate family or employee health or impending family member call to covered active duty leave, the twelve-months constituting the school year which begins August 1 and ends July 31. For purposes of service member family leave, the term Twelve-Month Period shall mean the first day the eligible employee takes FMLA leave to care for a covered servicemember and ends twelve months after that date. 

P. Veteran shall mean the same meaning given the term in 38 U.S.C. § 101.

I. Eligible employees shall be granted up to four (4) work days of paid leave immediately following the death of an immediate family member. Such leave covers each death in the immediate family.

II. An eligible employee who is required to travel a minimum of four hundred miles (400) one way to attend the funeral of an immediate family member will be granted one additional day of leave for a maximum of five(5) workdays. The Superintendent or his designee may grant additional days in extenuating circumstances.

III. Use of family death leave shall reduce the paid personal leave allocation of the employee.

IV. Definitions:

A. "Immediate family member” shall mean the employee's spouse, parents, children, brothers, sisters, grandchildren, grandparents, mother-in-law, father- in-law, sisters-in-law, brothers-in-law, sons-in-law, daughters-in-law, spouse’s grandparents, or any relative who is a permanent resident in the employee's home or for whom the employee has specific legal responsibility.

B. "Eligible employee” shall mean an employee who has not exhausted his/her paid leave provided for by the applicable collective bargaining agreement or Board approved administrative allowance in the absence of a collective bargaining agreement. Use of Family Death leave shall reduce the paid personal leave allocation of the employee.

I. Employees of the District may request paid professional leave for the purpose of attending local, state and national professional meetings or conferences. Paid professional leave may be granted if the District determines that the attendance at such meeting or conference will directly benefit the District. 

II. Requests by an employee for professional leave and related expenses will be submitted to the employee’s immediate supervisor and/or the person responsible for the budget from which expenses, if allowed, will be paid. The request should be submitted with sufficient time to make appropriate arrangements and to secure a substitute where necessary. Reimbursements of expenses will be provided in accordance with procedures provided by the Business Office. 

III. Professional leave is defined as time away from one’s normal work assignment to participate in work-related activities. These activities include, but are not limited to, professional meetings, staff development, curriculum writing, or supervision at student competition. 

IV. Professional leave may be provided by departments for District purposes. When professional leave is initiated by the District, staff supervisors will be notified and substitutes will be scheduled where necessary. 

V. Employee’s attending professional meetings during contract time and at District expense may be required to submit a written report or develop a presentation which allows them to share information received at the meetings with other District personnel. 

VI. The Superintendent or his/her designee reserves the right to limit approval for Professional Leave based upon the ability of the District to deliver the educational program. If attendance is limited, preference will be given to those employees who have the greatest business need to attend or participate in the professional leave and shall be determined by the District in consultation with the employee’s supervisor.

Approved professional leave shall not result in the use of paid personal leave of the employee. 

I.     The District may permit approved association leave.  All requests for association leave shall be reviewed by the association president and by the employee’s immediate supervi­sor before being submitted to the Human Resources Office for consideration.  The request for association leave shall state how the release time will be used by the member employee.

II.    The membership of the teachers' organization recognized by the Board of Education will be granted a maximum aggregate total of eighteen (18) excused absences during a single school year to attend professional meetings of the teachers' association or other association obligations.

III.  For the teacher’s organization, the cost of any days missed will be shared equally by the District and the teachers’ association.  The association will pay half the cost of a substitute teacher for any days its member employees are absent for association leave.

I. A certificated staff member who meets the criteria set forth below may apply for a sabbatical leave for up to one year. The sabbatical must involve professional growth of the individual in a scholarly program, approved by the Superintendent or his/her designee, and must be in the interest of improved education in the District. 

II. Criteria for employee eligibility: 

A. Employed full‑time as a certificated employee by the District for at least seven (7) consecutive years immediately preceding the request for the sabbatical leave; 

B. Hold a Masters Degree from an approved institution; 

C. No previous sabbatical has been taken; and 

D. Must complete at least twelve (12) graduate level semester credit hours during each semester of leave. Such hours shall be in a program of study leading to the completion of a PhD, EdD or EdS in Curriculum and Instruction or School Administration. 

III. If leave is granted, the employee shall be subject to the following conditions: 

A. The employee shall accept a written agreement with the Board of Education which shall provide that at the end of the sabbatical leave, he or she will return immediately to the employment of the District for a minimum of three (3) years; provided, however, that if the sabbatical leave is for less than a full year, the employee shall agree to return to the District's employ for three (3) semesters. The employee shall further agree to reimburse the District as set forth herein in the event he/she does not fulfill this provision. 

B. The employee will be paid one‑half of his/her salary and insurance benefits during the time he/she is on sabbatical leave, provided however, that the certificated staff member receiving such insurance benefits agrees to pay and keep current and does pay and keep current the remaining one‑half of the total premium, and all employee Health Insurance Premium contributions. 

C. Credit will be given toward salary advancement, insurance benefits and seniority as if the employee had remained a full-time employee of the District. 

D. The employee cannot be guaranteed that he/she will return to the position held prior to the sabbatical leave, but an effort will be made to place the employee in a comparable position. 

IV. If the employee does not fulfill the employment requirements following his/her sabbatical as set forth above, or fails to complete the sabbatical requirements, the employee shall reimburse the District at the time he/she ceases employment according to the following schedule: 

                                                                                               Amount Employee Must

    Length of Sabbatical        Return to Employment                 Reimburse District      
      ALL                                  Does Not Complete                  Full salary received

                                              Sabbatical Requirements

      1 Year                              Does Not Return to Work          Full salary received

      1 Year                              Completes 1 Year                      2/3 salary received

      1 Year                              Completes 2 Years                    1/3 salary received

       1 Year                              Completes 3 Years                    No Reimbursement Required

      Less than 1 Year              Does not return                         Full salary received

      Less than 1 Year              Completes 1 Semester             2/3 salary received

      Less than 1 Year              Completes 2 Semesters           1/3 salary received

      Less than 1 Year              Completes 3 Semesters           No Reimbursement Required

The employee is also responsible to reimburse the District for all costs of any benefits provided by the District in the same proportion as any repayment of salary from the above-table. 

V. Application for sabbatical leave for the ensuing school year must be submitted to the Superintendent prior to January 1. 

VI. Up to thirty (30) months of sabbatical leave may be granted by the District during any school year. If there are more than thirty (30) months of sabbatical leave requested in a school year, leaves will be granted to the staff members whose leaves would most benefit the District as determined by the Superintendent or his/her designee. If a decision cannot be made based upon benefit to the District, then the staff members with the longest full‑time continuous service to the District will be given preference. 

I. Any employee who is summoned for jury duty or election board duty, or who is subpoenaed on behalf of the District within the scope of the employee’s work duties, shall not be subject to discharge from employment, loss of pay, loss of sick leave, loss of vacation time, or any other form of penalty, as a result of his or her absence from work (including shift work) due to such service.  Any such impacted Employee shall provide to the Human Resources Department a copy of the summons, notice, or subpoena within 7 days of receipt of such summons, notice, or subpoena, and in advance of the day(s) to be missed.

II. The District may reduce the pay of an employee who is absent for jury or election board duty by an amount equal to any compensation, other than expenses, paid by the court for jury or election duty, or for the employee’s appearance pursuant to a subpoena. 

The Superintendent or his/her designee shall establish, publish and distribute attendance requirements for employees of the District regarding periods of inclement weather. The requirements and procedures shall provide for the precedence, applicability of and effect upon other leave and attendance rules in the event of inclement weather.

I. Leave of absence will be granted to employees of the District who are absent from employment by reason of service in the uniformed services as provided by law.

II. Eligibility. The following employees are eligible for service leave:

A. Employees who are members of the National Guard, Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, and Coast Guard Reserve are entitled to a leave of absence, without loss of pay, on all days during which they are employed under the orders or authorization of competent authority in the active service of the State of Nebraska or of the United States. Employees who normally work or are normally scheduled to work one hundred fifty-nine(159) hours or more in three consecutive weeks and scheduled to work twenty-four hour shifts shall receive a military leave of absence of one hundred sixty-eight hours (168) hours (21 days) each calendar year. Employees who normally work or are normally scheduled to work one hundred twenty (120) hours or more but less than one hundred fifty-nine(159) hours in three (3) consecutive weeks shall receive a military leave of absence of one hundred twenty (120) hours (15 days) each calendar year. Members who normally work or are normally scheduled to work less than one hundred twenty (120) hours in three (3) consecutive weeks shall receive a military leave of absence each calendar year equal to the number of hours they normally work or normally would be scheduled to work whichever is greater, in three consecutive weeks. Such military leave of absence may be taken in hourly increments and shall be in addition to the regular annual leave of the persons named in this Rule.

B. If the Governor declares that a state of emergency exists, any persons named above who are ordered to active service of the state shall receive a state of emergency leave of absence until such person is released from active service by competent authority. During a state of emergency leave of absence, the affected employee shall receive his/her normal salary or compensation minus the state active duty base pay he or she receives in active service of State.

III. Return to Employment. Upon an honorable discharge from active service, such employee shall be entitled to a return to the same or comparable position as provided by law; provided, however, that the employee is still qualified to perform the duties of the employee’s former position, and the employee makes a timely application to return to employment as follows:

A. Service of 1 to 30 days. The employee must report to his or her employer not later than the first full regularly scheduled work period on the first full calendar day following the completion of the period of service and the expiration of eight (8) hours after a period allowing for the safe transportation of the person from the place of that service to the person’s residence. If, due to no fault of the employee, timely reporting back to work would be impossible or unreasonable, the employee must report back to work as soon as possible.

B. Fitness Exam. The time limit for reporting back to work for a person who is absent from work in order to take a fitness-for-service examination is the same as the one above for persons who are absent for 1 to 30 days.

C. Service of 31 to 180 days. In the case of a person whose period of service in the uniformed services was for more than 30 days but less than 181 days, an application for re-employment must be submitted to the District no later than 14 days after completion of the person’s service. If submission of a timely application is impossible or unreasonable through no fault of the person, the application must be submitted the next first full calendar day when submission of such application becomes possible.

D. Service of 181 days or more. In the case of a person whose period of service in the uniformed services was for more than 180 days, an application for re-employment must be submitted to the District no later than 90 days after the completion of the person’s service.

E. If such employee is not qualified to perform the duties of such position upon the employee’s return by reason of a disability sustained during the training or service but is qualified to perform the duties of any other positions, the employee shall be restored to such other positions, the duties of which the employee is qualified to perform, as will provide the employee with the same seniority, status, and pay, or the nearest approximation thereof consistent with the circumstances of the employee’s case. Such person shall not be discharged without justifiable cause within one (1) year after reinstatement.

F. Any such employee submitting an application for re-employment shall, upon request, provide the District documentation to establish that the person’s application is timely and that the person is entitled to the benefits under this Rule.

IV. Preservation of Benefits. Absence for any of the reasons stated above shall not affect the employee's right to receive normal vacation, sick leave, bonus, advancement and other advantages of the employee’s employment normally to be anticipated in the employee’s particular position.

V. Re-Employment. A person whose military service lasted 1 to 90 days shall be promptly re-employed:

A. In the job the person would have held had the person remained continuously employed, so long as the person is qualified for the job or can become qualified after reasonable efforts by the employer to qualify their person; or in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, only if the person is not qualified to perform the duties of the position the person would have held after reasonable efforts by the employer to qualify the person.

B. If the employee cannot become qualified for either position described above, even after reasonable employer efforts, the person is to be re- employed in a position that is the nearest approximation to the positions described above which the person is able to perform, with full seniority.

C. A person whose military service lasted 91 or more days shall be promptly re-employed in the job the person would have held had the person remained continuously employed, or a position of like seniority status and pay, so long as the person is qualified for the job or can become qualified after reasonable efforts by the employer to qualify the person; or, in the position of employment in which the person was employed on the date of the commencement of the service in the uniformed services, or a position of like seniority, status, and pay the duties of which the person is qualified to perform, only if the person is not qualified to perform the duties of the position the person would have held after reasonable efforts by the employer to qualify the person. If the employee cannot become qualified for either position, then in any other position of lesser status and pay, but that most nearly approximates the above positions (in that order) that the employee is qualified to perform with full seniority.

VI. Definitions.

A. The term “service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, and a period for which a person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty.

B. The term “uniformed services” means the Armed Forces, the Army National Guard and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other category of persons designated by the President in time of war or national emergency.

I.     Any employee who participates in the Nebraska School Employees Retirement System and has vested in the School Employees Retirement Plan may attend or participate in pre‑retirement planning programs sponsored by The Nebraska School Employees Retirement System while employed by the District. The employee is responsible for paying his or her own expenses for any pre-retirement planning programs.

II.    Attendance at any pre-retirement planning program is voluntary.  An employee who is qualified and registered to attend a planning program can do so without loss of pay.  Planning programs may be conducted in-person or via live-broadcast webinars.  Planning programs do not include information that can be accessed at any time via electronic means.  Each employee may attend up to two days of planning programs without loss of pay.  A qualified employee may choose to attend additional planning programs, but such leave shall be without pay and shall be at the discretion of the Superintendent or his/her designee. 

III.  An employee desiring to attend a pre-retirement planning program must submit the proper request form to the Superintendent or his/her designee and receive approval to attend prior to his or her attendance.  An employee who attends must verify his or her attendance with the Superintendent or his/her designee.  The Superintendent or his/her designee reserves the right to limit attendance at any planning program based upon the ability of the District to deliver the educational program.  If attendance is limited, preference will be given to those employees who are nearest retirement.

IV.  Employees wishing to attend pre-retirement planning programs outside of those events specifically sponsored by The Nebraska School Employees Retirement System must use personal leave, vacation, or take leave without pay.