Policy No. 5400 Employee Leave

The Board believes we are all best served when employees attend work regularly and feels responsible to provide employment leave to employees when circumstances occur that prevent an employee from attending to work obligations. Benefit-eligible employees of the district will be granted leave in classifications as outlined below. Employer-paid leave will not be available for employees who are not eligible for employer-paid benefits.

Eligible employees of the district will be granted leave as outlined below (this does not include nor impact vacation leave for employees with contracts of 245 days or more):

Transition from categorized paid leave to paid time off (PTO) as of July 1, 2024.

I. As of July 1, 2024, unused/accumulated personal leave will be converted to accumulated sick leave, and unused sick leave remained as sick leave. All leave (not including vacation leave for eligible employees) following July 1, 2024 will be allocated as Paid Time Off (PTO). At the end of each fiscal year, all unused PTO will be rolled over to accumulated sick leave. The use of sick leave shall be subject to the existing sick leave policy. Professional Leave will be ended. Any accrual of Professional Leave as of July 1, 2024, will be eliminated without any rollovers or payouts.

II. At the beginning of each fiscal year, eligible employees will be granted thirteen (13) days of PTO annually. Employees on base contracts of more than 186 days will receive additional PTO based on the contract length (for contract days between 200 and 215 there will be one additional day of PTO and for contract days above 215 there will be 2 additional PTO days with a maximum of 15 PTO days per year). If termination of employment occurs before the end of the contract year, an adjustment may reduce final payroll payout by a pro-rated amount equal to the unearned PTO previously used. PTO is not a vested benefit and does not accrue a payout at separation of employment for any reason.

III. PTO for personal reasons will not be utilized (except for unusual, extenuating circumstances with prior supervisor approval) during the following:

1. first five days or last five days of school for students
2. during scheduled Parent-Teacher Conferences (PTC)
3. scheduled preparation days or other high-impact dates as determined by school and/or district administration.

IV. Use of PTO for personal reasons can be granted before and after a holiday at the discretion of the supervisor. The use of PTO for personal reasons during professional development should be avoided if possible. An employee must submit a request, in advance, to the supervisor for consideration.

V. Except in unusual circumstances, prior notification must be given to the immediate supervisor at least twenty-four (24) hours in advance for employees that wish to use three (3) to five (5) consecutive days of paid time off for personal reasons. Requests for paid time off for more than five (5) consecutive days for personal reasons requires a minimum two-week documented approval by a district administrator.

VI. PTO must be used in increments that will meet the needs of the school/district. When a substitute staff member is needed for an absence due to PTO use, PTO will be used in either half-day or full-day increments.

VII. It is highly recommended that employees use their PTO leave conservatively in order to develop a sick leave accumulation for future medical needs.

VIII. All benefit eligible employees will utilize the electronic time/attendance system through MUNIS to request and document paid leave beginning July 1, 2024. The district will provide training on how this will be utilized.

IX. Sick Leave

Accumulated sick leave and yearly PTO for medical/health reasons may be used only for personal illness or illness or accident involving members of the employee’s immediate family. 'Immediate family' is defined as parent (or legal guardian), spouse, child, in-law, (father, mother, brother, sister), grandchild, or sibling- either by blood relationship or by law. A doctor’s certificate may be required if the administration feels the employee is abusing the leave policy. The district may also require a second doctor's opinion if it is felt necessary. In this case, the cost would be borne by the district. Except as required by the law, an employee must receive approval from a district administrator to use more than twenty (20) days of sick leave to care for a family member on a school year basis.

X. Death/Bereavement Leave

All eligible personnel are to be allowed up to five days of leave for the sole purpose of attending to needs arising from the death of an immediate family member. For purposes of this policy, “immediate” is defined in Sick Leave except that Bereavement Leave will also extend to immediate family members in a blended family, specifically 'step' relatives including father, mother, son, daughter, brother and sister. Furthermore, this Bereavement Leave will also be available to eligible employees who suffer the loss of a child as a result of a miscarriage or stillbirth. Any other leave due to death of a friend or family member will continue to be addressed by provisions of the current Paid Time Off (PTO) policy. During leave for an immediate family member as defined above, the district will pay the cost of the substitute teacher.

XI. Special Leave

1. School Business Leave: This is an absence from work initiated by the District or building administration.
2. Military Leave: See Military Leave Policy/Procedure
3. Other Leave: This may include jury duty or a subpoena legally served to appear in court to serve as a witness. Other special circumstances will be considered on a case by case basis. If leave is approved, the employee will be excused without loss of pay by remitting any compensation check to the Board of Education.

XII. Leave Without Pay

A. Leave Without Pay: Up to one-year leave without pay may be granted a career employee educator in the Cache County School District upon approval by the principal of the school and may be granted for any purpose except for making a new career choice, such as experimenting or exploring a new job or position. This absence must also be approved by the superintendent and the Board of Education. At the end of the year, the teacher will return to his/her original position unless the position has been altered by enrollment or staffing configurations, and the employee will be assigned the position he/she would have been given if no leave had been taken. The employee will notify the District of intent to return to the District no later than April 1st of the year of leave. In any case, no credit will be allowed for their period of leave in either salary or retirement. Employees will need to provide for their insurance needs impacted by employment status during this time period. Employee may purchase continuation coverage of health insurance benefits as provided by existing law.

During the time the employee is on leave, a temporary replacement will be hired. This individual will be appropriately credentialed.

B. Short-term Leave Without Pay (1-40 days): This applies to certificated personnel only when not applicable for leave under the Family Medical Leave Act. Up to five days per year of short-term leave without pay may be granted to any eligible employee upon approval of the principal or supervisor. Beyond five days short-term must be approved by the appropriate administrator and the employee may be required to compensate the District based on the number of days of leave to maintain his/her insurance.

XII. Parental Leave

A. Granting of Leave: A parental leave of absence shall be granted contracted employees for the purpose of childbearing and/or child rearing as follows:

1. A contracted employee shall be entitled upon written request to use up to forty days of his/her accumulated sick leave as parental leave for childbirth or adoption. The employee shall notify the director of human resources in writing (including number of days requested) of his/her desire to take the leave and, except in case of emergency, shall give such notice at least thirty days prior to the date on which his/her leave is to begin. If at the end of the fortieth day medical complications exist which warrant additional leave, then the employee may be granted additional sick leave days up to the total days accumulated, subject to the following stipulations:
   • The employee shall be responsible to provide the District with a physician’s diagnosis which specifically identifies the medical condition/complication warranting additional leave.
   • The District reserves the right to obtain a second opinion of that diagnosis, at the District’s expense.
2. An employee (male/female) may request leave without pay to begin anytime between the birth of the child and one year thereafter. Said leave shall not exceed one year. Under this leave a career employee retains assurance of re-employment as specified under leave without pay policy in section “f” above.
3. A contracted employee adopting an infant (i.e. one year of age or less) shall be entitled upon request to a leave without pay to commence at any time during the first year after receiving de facto custody of said infant child or prior to receiving such custody, if necessary, in order to fulfill the requirements of adoption.

B. Rights of Re-employment: An employee who is granted a leave of absence shall have the following re-employment rights:

1. If the employee notifies the superintendent of his/her desire to return to active employment after a leave, said employee shall be assigned, upon available vacancies, to a substantially equivalent position. The employee may be assigned to the same position provided the employee has identified a specific date for return (this date may not exceed one year from the beginning date of the leave). Said employee shall be treated in accordance with the provisions of the District Personnel Policy Sick Leave regarding to the return to active employment of an employee who has been on leave.
2. If an employee notifies the superintendent of his or her desire to return to active employment within sixty days after the termination of pregnancy for any reason, the acquisition of de facto custody of an infant child, the birth of the child to parents(s), or the commencement of the leave, whichever is later, the employee shall be assigned to the same position which she or he held at the time the leave commenced within seven days after notifying the District of her or his intent to return, or if that position is no longer in existence, to a substantially equivalent position, except that if an employee who has been on leave for ninety days or more, gives such notice after April 30th, she or he may be placed on involuntary leave until the commencement of the next school year.
3. If an employee notifies the superintendent of her or his desire to return to active employment after the expiration of the aforesaid sixty days period but within twelve months after the commencement of the leave, the employee will be assigned to the first available vacant position for which she of he is qualified provided that if more than one employee has given notice pursuant to this paragraph, the one who gave notice at the earliest date shall be assigned to the position in question.
4. Upon returning to employment in the school district, the employee shall receive a salary equal to the step on the current salary scale commensurate to his or her training and experience. All fringe benefits will be awarded to the employee equal to those of other employees in the District.

Other Rights: An employee on parental leave of absence shall not be denied the opportunity to substitute in the school district by reason of the fact that she or he is on such leave of absence.

XIV. Family and Medical Leave

This leave is provided pursuant to the family and Medical Leave Act of 1993 and will be interpreted according to the Act, its implementing regulations, and applicable case law. Cache School District will provide family and medical leave for all eligible employees.  

A. Eligibility: Any employee, who has been employed by the Board for 12 months and who has worked at least 1250 hours in the year preceding the request for leave, may take up to 12 weeks of unpaid leave in a 12-month period (a) for the birth of a child and to care for such child; (b) for the placement of a child for adoption or foster care; (c) to care for the employee’s seriously-ill spouse, son, daughter, or parent; or (d) because of the employee’s serious health condition that makes the employee unable to perform his or her job functions.

B.  Implementation Procedures/Guidelines:

1. Notice: The employee must give the director of human resources, in writing, 30 days advance notice of leave, (including the number of days and type of leave requested), or when 30 days is not practical, notice within two business days from when the employee learns of the need for leave.
2. Scheduling of Foreseeable Treatment: Any employee must make reasonable efforts to schedule foreseeable medical treatment so as not to disrupt the operations of the Cache School District.
3. Medical Certification: Employees must provide a physician’s statement of their own or a family member’s serious health condition that makes leave necessary. Cache School District may require an employee on medical leave to provide medical certification that the employee is able to resume work. The superintendent or his/her designee reserves the right to obtain a second opinion of the diagnosis, at the District’s expense.
4. Relationship to Existing Leave Policy: The director of human resources may require any employee to take accrued paid sick, vacation, personal, or unrestricted leave as a portion of the family or medical leave to which the employee is entitled.
5. Intermittent Leave and Leave Near End of Semester: Intermittent leave is available for births and adoptions/foster care only by mutual agreement between Cache School District and the employee. Intermittent medical leave is available upon certification of medical need, but Cache School District may transfer the employee temporarily to an equivalent alternate position.
   • If a certificated employee provides medical certification that the employee intermittent, reduced-week or reduced-day leave for more than 20% of the working days in the relevant school semester, the director of human resources may require the employee to choose either leave of a specified duration or temporary transfer to an equivalent alternate position.
   • If an instructional employee seeks to return from leave within the last three weeks of the school semester, the director of human resources may require the employee to take leave through the end of the semester.
6. Limits for Spouses Both Employed by Cache School District: Spouses who are both employed by Cache School District are limited to a total of 12 weeks leave shared between the two spouses for (a) birth, (b) adoption/foster care, or (c) care for a sick parent.
7. Periodic Reporting: Cache School District may require periodic status reports from an employee on leave.
8. Employment and Benefits Protection: Following leave taken under this policy, an employee will be restored either to the position the employee left or to an equivalent position. Taking this leave will not result in loss of any employment benefit accrued prior to the leave. This policy does not provide accrual of seniority or employment benefits during the period of leave. For highly compensated employees, some restrictions apply.
9. Maintenance of Health Benefits: During an employee’s leave under this policy, Cache School District will maintain the employee’s coverage under any group health plan at the level and under the conditions it would have been provided if the employee had not taken leave. If the employee fails to return for reasons within the employee’s control, Cache School District may recover the premium portion it paid for maintaining coverage during the leave.
10. No Retaliation: Cache School District will not discriminate against any Employee for exercising or attempting to exercise any right under this policy

Approved by the Board of Education: June 1, 1973. Last Revised: August 15, 2024. Prior Revised Dates: 8/1/1975; 7/1/1976; 4/1/1977; 4/1/1978; 7/1/1979; 8/1/1981; 8/1/1982; 8/1/1983; 6/1/1985; 6/1/1987; 7/1/1988; 6/1/1989; 5/1/1990; 5/1/1992; 8/1/1993; 5/1/1994; 5/1/1995; 6/1/1996; 6/1/1997; 5/1/1998; 10/1/1999; 10/1/2005, 7/2024.

POlicies Page