400 EMPLOYEES

400 ROLE OF AND GUIDING PRINCIPLES FOR EMPLOYEES

This series of the board policy manual is devoted to the Wapello Board of Directors’ goals and objectives for employees in the performance of their jobs. Employees provide a variety of important services for the children of the school district community. They may be teaching or assisting in the classroom, working in the office, maintaining the facilities, driving or repairing the school buses, or cooking lunches. Each employee plays a vital role in providing an equal opportunity for a quality education for students commensurate with the students' individual needs. While the teachers have the most direct impact on the formal instruction of students, all employees have an impact on the school environment by their dedication to their work and their actions. As role models for the students, employees shall promote a cooperative, enthusiastic, and supportive learning environment for the students.
In striving to achieve a quality education program, the board's goal is to obtain and retain qualified and effective employees. The board shall have complete discretion to determine the number, the qualifications, and the duties of the positions and the school district's standards of acceptable performance. It shall be the responsibility of the superintendent to make recommendations to the board in these areas prior to board action. The board recognizes its duty to bargain collectively with duly certified collective bargaining units.
 
Board policies in this series relating to general employees shall apply to employees regardless of their position as a licensed employee, classified employee, substitute, or administrator. Board policies relating to licensed employees shall apply to positions that require a teaching license or administrator's certificate or other professional license, certificate, or endorsement, unless administrative positions are specifically excluded from the policy. Classified employees' policies included in this series shall apply to positions that do not fall within the definition of licensed employee.
 
Approved: 6/12/1995
Reviewed: 02/14/2008; 10/12/11; 9/14/16
Revised:

401 EMPLOYEES AND INTERNAL RELATIONS

401.01 EQUAL EMPLOYMENT OPPORTUNITY

The Wapello Community School District will provide equal opportunity to employees and applicants for employment in accordance with applicable equal employment opportunity and affirmative action laws, directives and regulations of federal, state and local governing bodies. Opportunity to all employees and applicants for employment includes hiring, placement, promotion, transfer or demotion, recruitment, advertising or solicitation for employment, treatment during employment, rates of pay or other forms of compensation, and layoff or termination. The school district will take affirmative action in major job categories where women, men, minorities and persons with disabilities are underrepresented. Employees will support and comply with the district's established equal employment opportunity and affirmative action policies. Employees will be given notice of this policy annually.

The board will appoint an affirmative action coordinator. The affirmative action coordinator will have the responsibility for drafting the affirmative action plan. The affirmative action plan will be reviewed by the board at least every two years.

Individuals who file an application with the school district will be given consideration for employment if they meet or exceed the qualifications set by the board, administration, and Iowa Department of Education for the position for which they apply. In employing individuals, the board will consider the qualifications, credentials, and records of the applicants without regard to race, color, creed, sex, national origin, religion, age, sexual orientation, gender identity or disability. In keeping with the law, the board will consider the veteran status of applicants.

Prior to a final offer of employment for any teaching position the school district will perform the background checks required by law. The district may determine on a case-by-case basis that, based on the duties, other positions within the district will also require background checks. Based upon the results of the background checks, the school district will determine whether an offer will be extended. If the candidate is a teacher who has an initial license from the BOEE, then the requirement for a background check is waived.

Advertisements and notices for vacancies within the district will contain the following statement: "The Wapello Community School District is an EEO/AA employer." The statement will also appear on application forms.

 

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, will be directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Wapello Community School District, 406 Mechanic Street , Wapello, Iowa 52653; or by telephoning 319-523-3641.

Inquiries by employees or applicants for employment regarding compliance with equal employment opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, 310 W. Wisconsin Ave., Ste. 800, Milwaukee, Wisconsin, 53203-2292, (414) 291-1111 or the Iowa Civil Rights Commission, 400 E. 14th Street, Des Moines, Iowa, 50319-1004, (515) 281-4121 or 1-800-457-4416. This inquiry or complaint to the federal office may be done instead of, or in addition to, an inquiry or complaint at the local level.

Further information and copies of the procedures for filing a complaint are available in the school district's central administrative office and the administrative office in each attendance center.

 

Approved: June 12, 1995

Reviewed: 02/14/2008; 10/12/11; 9/14/16         

Revised: January 10, 2002; August 16, 2007

401.02 EMPLOYEE CONFLICT OF INTEREST

Employees' use of their position with the Wapello Community School District for financial gain shall be considered a conflict of interest with their position as employees and may subject employees to disciplinary action.

Employees have access to information and a captive audience that could award the employee personal or financial gain. No employee may solicit other employees or students for personal or financial gain to the employee without the approval of the superintendent. If the approval of the superintendent is given, the employee must conduct the solicitations within the conditions set by the superintendent. Further, the superintendent may, upon five days notice, require the employee to cease such solicitations as a condition of continued employment.

Employees shall not act as an agent or dealer for the sale of textbooks or other school supplies. Employees shall not participate for personal financial remuneration in outside activities wherein their position on the staff is used to sell goods or services to students or to parents. Employees shall not engage in outside work or activities where the source of information concerning the customer, client, or employer originates from information obtained because the employee's position in the school district.

It shall also be a conflict of interest for an employee to engage in any outside employment or activity which is in conflict with the employee's official duties and responsibilities. In determining whether outside employment or activity of an employee creates a conflict of interest, situations in which an unacceptable conflict of interest shall be deemed to exist shall include, but not be limited to, any of the following:

  1. The outside employment or activity involves the use of the school district's time, facilities, equipment and supplies, or the use of the school district's badge, uniform, business card, or other evidences of office to give the employee or the employee's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public. For purposes of this section, a person is not "similarly situated" merely by being related to an employee who is employed by the school district.
  2. The outside employment or activity involves the receipt of, promise of, or acceptance of more or other consideration by the employee or a member of the employee's immediate family from anyone other than the school district for the performance of any act that the employee would be required or expected to perform as part of the employee's regular duties or during the hours during which the employee performs service or work for the school district.
  3. The outside employment or activity is subject to the official control, inspection, review, audit, or enforcement authority of the employee during the performance of the employee's duties.

If the outside employment or activity is employment or activity in (1) or (2) above, the employee must cease the employment or activity. If the activity or employment falls under (3), the employee must:

  • Cease the outside employment or activity; or
  • Publicly disclose the existence of the conflict and refrain from taking any official action or performing any official duty that would detrimentally affect or create a benefit for the outside employment or activity. Official action or official duty includes, but is not limited to, participating in any vote, taking affirmative action to influence any vote, or providing any other official service or thing that is not available generally to members of the public in order to further the interests of the outside employment or activity.

When procurement is supported by Federal Child Nutrition funds, employees will not participate in the selection, award, or administration of a contract if there is a real or apparent conflict of interest in the contract.  Contract, for purposes of this paragraph, includes a contract where the employee, employee’s immediate family, partner, or a non-school district employer of these individuals is a party to the contract.

 

Approved: 6/12/1995

Reviewed: 02/14/2008; 10/12/11; 9/14/16

Revised: 9/21/2006; 11/9/11

401.03 NEPOTISM

More than one family member may be an employee of the Wapello Community School District. It shall be within the discretion of the superintendent to allow one family member employed by the school district to supervise another family member employed by the school district.

The employment by the board of more than one individual in a family shall be on the basis of their qualifications, credentials, and records.

 

Approved: 6/12/1995

Reviewed: 02/14/2008; 10/12/11;9/14/16

Revised: 9/21 /2006

401.04 EMPLOYEE COMPLAINTS

Complaints of employees against fellow employees should be discussed directly between employees. If necessary, complaints shall be brought directly to the immediate supervisor, principal, or superintendent and shall be made in a constructive and professional manner. Complaints shall never be made in the presence of other employees, students, or outside persons.

A formal grievance procedure is contained in the master contract between the employee's licensed bargaining unit and the board. This policy shall not apply to a complaint that has been or could be filed at the employee's discretion under the formal grievance procedure.

 

Approved: 6/12/1995

Reviewed: 02/14/2008; 10/12/11; 9/14/16

Revised:

 

401.05 EMPLOYEE RECORDS

The Wapello Community School District shall maintain personnel records on employees. The records are important for the daily administration of the educational program, for implementing board policy, for budget and financial planning, and for meeting state and federal requirements.

The records shall include, but not be limited to, records necessary for the daily administration of the school district, salary records, evaluations, and applications for employment, references, and other items needed to carry out board policy. Employee personnel files are school district records and are considered confidential records and therefore are not generally open to public inspection or accessibility. Only in certain limited instances, when the employee has given a signed consent, will employee personnel records be accessible to individuals other than the employee or authorized school officials.

Employees made have access to their personnel files, with the exception of letters of reference, and copy items from their personnel files at a time mutually agreed upon between the superintendent and the employee. The school district may charge a reasonable fee for each copy made. However, employees will not be allowed access to the employment references written on behalf of the employee. Board members will generally only have access to an employee's file when it is necessary because of an employee related matter before the board.

It shall be the responsibility of the superintendent to keep employees' personnel files current. The board Secretary shall be the custodian of employee records.

It shall be the responsibility of the superintendent to develop administrative regulations for the implementation of this policy.

 

Approved: 6/12/1995

Reviewed: 02/14/2008; 10/12/11; 9/14/16

Revised: 5/11/2000

401.05R1 EMPLOYEE RECORDS REGULATION

Employee Personnel Records Content

1. Employee personnel records may contain the following information:

  • Personal information including, but not limited to, name, address, telephone number, emergency numbers, birth date, and spouse.
  • Individual employment contract.
  • Evaluations.
  • Application, résumé, and references.
  • Salary information.
  • Copy of the employee's license or certificate, if needed for the position.
  • Educational transcripts.
  • Assignment.
  • Records of disciplinary matters.

2. Employee health and medical records shall be kept in a file separate from the employee's personnel records. Health and medical records may contain, but are not limited to:

  • Medical professional signed physical form.
  • Sick or long-term disability leave days.
  • Worker's compensation claims.
  • Reasonable accommodation made by the school district to accommodate the employee's disability.
  • Employee's medical history.
  • Employee emergency names and numbers.
  • Family and medical leave request forms.

Applicant File Records Content

Records on applicants for positions with the school district shall be maintained in the central administration office. The records shall include, but not be limited to:

  • Application for employment.
  • Résumé.
  • References.
  • Evidence of appropriate license or certificate, if necessary for the position for which the individual applied.
  • Affirmative action form, if submitted.

Record Access

Only authorized school officials shall have access to employee's records without the written consent of the employee. Authorized school officials may include, but not be limited to, the superintendent, building principal, or board Secretary. In the case of a medical emergency, the school nurse or other first aid or safety personnel may have access to the employee's health or medical file without the consent of the employee. Board members will generally only have access to an employee's personnel file without the consent of the employee when necessary for the conducting of board business.

Confidential records include, but are not necessarily limited to, birth dates, addresses, gender, employment applications, performance evaluations, and individual test scores.

Employee Record Retention

All employee records, except payroll and salary records, shall be maintained for a minimum of seven years after termination of employment with the district. Applicant records shall be maintained for a minimum of seven years after the position was filled. Payroll and salary records shall be maintained for a minimum of three years after payment.

 

Approved: 6/12/1995

Reviewed: 02/14/2008; 10/12/11

Revised: 5/11/2000

401.06 LIMITATIONS TO EMPLOYMENT REFERENCES

The district believes in taking appropriate measures to promote the health and welfare of all students.  Any school employee, contractor, or agent shall not assist another school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law. 

This limitation does not apply if the matter has been properly reported to law enforcement and any other regulatory authorities required by law, and either:

  • the matter has been officially closed by the law enforcement agency;
  • the individual is acquitted or otherwise exonerated of the alleged misconduct; or
  • more than four years has passed since the case was opened, and no charges or indictment have been filed.

 

Legal References:  20 U.S.C. §7926;  281 I.A.C. 12.3(14)

 

Cross References:   401.5 Employee Records

                                  402.2 Child Abuse Reporting

                                  402.3 Abuse of Students by School District Employees

                                  405.2 Licensed Employee Qualifications, Recruitment, Selection

                                  411.2 Classified Employee Qualifications, Recruitment, Selection

         

Approved                    Reviewed                     Revised                   

401.07 EMPLOYEE TRAVEL COMPENSATION

Employees traveling on behalf of the Wapello Community School District and performing approved school district business will be reimbursed for their actual and necessary expenses. Actual and necessary travel expenses shall include, but not be limited to, transportation and/or mileage costs, lodging expenses, meal expenses, and registration costs.

Travel outside the School District

Travel outside the school district must be pre-approved. Pre-approval shall include the evaluation, the necessity of the travel, the reason for the travel, and an estimate of the cost of the travel to qualify as approved school district business. Travel outside the school district by employees, other than the superintendent, is pre-approved by the superintendent or an immediate supervisor.  Travel outside the school district by the superintendent shall be approved by the board president..

Reimbursement for actual and necessary expenses will be allowed for travel outside the school district if the employee received pre-approval for the travel. Prior to reimbursement of actual and necessary expenses, the employee must provide the school district with a detailed, itemized receipt, other than a credit card receipt, indicating the date, purpose, and nature of the expense for each claim item. In exceptional circumstances, the superintendent may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.

Failure to have a detailed itemized receipt shall make the expense a personal expense. Personal expenses, including mileage, in excess of that required for the trip shall be reimbursed by the employee to the school district no later than 10 working days following the date of the expense.

Reimbursement for actual and necessary expenses for travel outside the school district will be limited to the pre-approved expenses. Pre-approved expenses for registration shall be limited to the actual cost of the registration.

Pre-approved expenses for transportation within 300 miles of the school district administrative office shall be by automobile. If the school district vehicle is not available, the employee will be reimbursed mileage at the Internal Revenue Service standard mileage rate. Travel to/from home and work is never a reimbursable travel expense.  Pre-approved expenses for transportation outside of 300 miles of the school district administrative office may be by public carrier. Reimbursement for air travel shall be at the tourist class fares. Should an employee choose to travel by automobile, reimbursement shall be limited to the public carrier amount. Pre-approved expenses for transportation in a rental car is limited to the cost of a Class "C" rental car at a medium priced agency unless the number of people traveling on behalf of the school district warrants some larger vehicle.  Travel costs for a spouse or anyone other than the district employee shall be a personal expense not reimbursed by the district.

Travel within the School District

Employees required to travel in their personal vehicle between school district buildings to carry out the duties of the position may be reimbursed mileage at the Internal Revenue Service standard mileage rate.  It shall be the responsibility of the superintendent to approve travel within the school district by employees. It shall be the responsibility of the board to review the travel within the school district by the superintendent through the board's audit and approval process.

Travel allowances within the district will be provided only after Board approval.  Employees who are allowed a within district travel allowance shall have the amount of the allowance actually received during each calendar year included on the employee's W-2 form as taxable income according to the Internal Revenue Code.

Use of District-Owned Vehicles

Certain district employment positions may require regular and extensive travel.  Due to the required duties of these positions,  the district may provide certain position with us of district-owned vehicles.  Employees who utilize district-owned vehicles during the course of their job duties are fulfilling the public purpose of meeting the needs of the educational community in an efficient, and time-sensitive manner.  District-owned vehicles are purchased and maintained with public money and must be used strictly in accordance with fulfilling a public purpose.  These vehicles represent the district in carrying ut its educational mission.  Therefore, district-owned vehicles will be clearly marked at all times to identify the district.

The superintendent shall be responsible for developing administrative regulations regarding actual and necessary expenses, in-school district travel allowances, and assignment  and proper use of school district vehicles. The administrative regulations shall include the appropriate forms to be filed for reimbursement to the employee from the school district and the procedures for obtaining approval for travel outside of and within the school district.

 

Legal Reference:  Iowa Constitution, Art. III, 31.

                              Iowa Code 70A.9-.11

                              1980 Op. Att'y Gen. 512

 

Cross Reference:  216.3 Board of Directors' Member Compensation and Expenses

                               401.10 Credit and Procurement Cards

                                904.1 Transporting Students in Private Vehicles

Approved: 6/12/1995

Reviewed: 02/14/2008; 10/12/11; 9/14/16

Revised: 4/12/2007

401.08 RECOGNITION FOR SERVICE OF EMPLOYEES

The Wapello Board of Directors recognizes and appreciates the service of its employees. Employees who retire or resign may be honored by the board, administration, and staff in an appropriate manner.

If the form of honor thought appropriate by the administration and employees involves unusual expense to the school district, the superintendent shall seek prior approval from the board.

 

Approved: 6/12/1995

Reviewed: 02/14/2008; 10/12/11; 9/14/16

Revised:

401.09 EMPLOYEE POLITICAL ACTIVITY

Employees shall not engage in political activity upon property under the jurisdiction of the board. Activities including, but not limited to, posting of political circulars or petitions, the distribution of political circulars or petitions, the collection of or solicitation for campaign funds, solicitation for campaign workers, and the use of students for writing or addressing political materials, or the distribution of such materials to or by students are specifically prohibited.

Violation of this policy may be grounds for disciplinary action.

 

Approved: 6/12/1995

Reviewed: 02/14/2008; 10/12/11; 9/14/16

Revised:

401.12 EMPLOYEE USE OF CELL PHONES

The use of cell phones and other communication devices may be appropriate to provide for the effective and efficient operation of the school district and to help ensure safety and security of people and property while on school district property or engaged in school-sponsored activities.

Employees may possess and use cell phones during the school day as outlined in this policy and as provided in the administrative regulation developed by the superintendent.  Employees should not use cell phones for personal business while on-duty, including staff development times, parent-teacher conferences, etc., except in the case of an emergency or during prep time or break/lunch times.  Employees, except for bus drivers, see below, are prohibited from using cell phones while driving except in the case of an emergency and any such use must comply with applicable state and federal law and district policies and regulations. 

Cell phones are not to be used for conversations involving confidential student or employee information. 

School bus drivers are prohibited from using any communication device while operating the bus except in the case of an emergency, or to call for assistance, after the vehicle has been stopped.  Any such use must comply with applicable state and federal law and district policies and regulations.

Employees violating the policy will be subject to discipline, up to and including, discharge.  It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

 

 

Legal References:  Internal Revenue Comment Notice, 2009-46, http://www.irs.gov/irb/2009-23_IRB/ar07.html; Iowa Code §§ 279.8; 321.276.

 

Cross References:  406 Licensed Employee Compensation and Benefits

                                 412 Classified Employee Compensation and Benefits

                                 707.5 Internal Controls

 

Approved                    Reviewed                     Revised                   

401.12R1 EMPLOYEE USE OF CELL PHONES REGULATION

Cell phone Usage

  1. Cell phones shall be used in a manner that does not disrupt instruction and should not be used during school-sponsored programs, meetings, in-services, or other events where there exists a reasonable expectation of quiet attentiveness unless there is a reason of personal health or safety involved.
  2. Cell phones should not be used to transmit confidential student or personal information either verbally or written. 
  3. Employees are prohibited from using a cell phone while driving as part of their work duties, unless in the case of an emergency, unless the vehicle has come to a complete stop and the gear is in park. 

 

Cell Phone Business Procedures

 

School district employees may be reimbursed for use of privately owned cell phones to conduct school district business in accordance with board policy and this regulation, with prior approval of the superintendent.

  1. Requests for reimbursement for authorized use of employee owned cell phones are to be submitted on school district provided forms accompanied by a copy of the billing statement with the school district business related calls highlighted. A notation for each highlighted entry, indicating the nature of the call is required.  The employee’s immediate supervisor must sign-off on the billing statement verifying the calls were school district business related.  School district reimbursement for authorized use of employee owned cell phones will be made in conformance with school district payment procedures.  Requests for reimbursement, including the highlighted billing statement must be submitted within thirty (30) days of the end of the time period for which reimbursement is requested.  Requests submitted after the reimbursement deadline has passed will be denied.

401.13 STAFF TECHNOLOGY USE/SOCIAL NETWORKING

Computers are a powerful and valuable education and research tool and, as such, are an important part of the instructional program. In addition, the school district depends upon computers as an integral part of administering and managing the schools' resources, including the compilation of data and recordkeeping for personnel, students, finances, supplies and materials. This policy outlines the board's expectations in regard to these different aspects of the school district's computer resources. Employees must conduct themselves in a manner that does not disrupt from or disrupt the educational process and failure to do so will result in discipline, up to and including, discharge.

General Provisions

The superintendent is responsible for designating a [computer network coordinator - insert appropriate title] who will oversee the use of school district computer resources. The [   insert title   ] will prepare in-service programs for the training and development of school district staff in computer skills, appropriate use of computers and for the incorporation of computer use in subject areas.

The superintendent, working with appropriate staff, shall establish regulations governing the use and security of the school district's computer resources. The school district will make every reasonable effort to maintain the security of the system. All users of the school district's computer resources, including students, staff and volunteers, shall comply with this policy and regulation, as well as others impacting the use of school equipment and facilities. Failure to comply may result in disciplinary action, up to and including discharge, as well as suspension and/or revocation of computer access privileges.

Usage of the school district's computer resources is a privilege, not a right, and that use entails responsibility. All information on the school district's computer system is considered a public record. Whether there is an exception to keep some narrow, specific content within the information confidential is determined on a case by case basis. Therefore, users of the school district's computer network must not expect, nor does the school district guarantee, privacy for e-mail or use of the school district's computer network including web sites visited. The school district reserves the right to access and view any material stored on school district equipment or any material used in conjunction with the school district's computer network.

The superintendent, working with the appropriate staff, shall establish procedures governing management of computer records in order to exercise appropriate control over computer records, including financial, personnel and student information. The procedures will address:

  • passwords,
  • system administration,
  • separation of duties,
  • remote access,
  • data back-up (including archiving of e-mail),
  • record retention, and
  • disaster recovery plans.

Social Networking or Other External Web Sites

For purposes of this policy any web site, other than the school district web site or school-school district sanctioned web sites, are considered external web sites. Employees shall not post confidential or proprietary information, including photographic images, about the school district, its employees, students, agents or others on any external web site without consent of the superintendent. The employee shall adhere to all applicable privacy and confidentiality policies adopted by the school district when on external web sites. Employees shall not use the school district logos, images, iconography, etc. on external web sites. Employees shall not use school district time or property on external sites that are not in direct-relation to the employee's job. Employees, students and volunteers need to realize that the Internet is not a closed system and anything posted on an external site may be viewed by others, all over the world. Employees, students and volunteers who don't want school administrators to know their personal information, should refrain from exposing it on the Internet. [  Employees should not connect with students via external web sites without consent of the superintendent.  ] Employees, who would like to start a social media site for school district sanctioned activities, should contact the superintendent.

It is the responsibility of the superintendent to develop administrative regulations implementing this policy.

 

Legal Reference:  Iowa Code § 279.8 (2013).; 282 I.A.C. 25, 26

 

Cross Reference:  104 Anti-Bullying/Harassment

                               305 Administrator Code of Ethics

                               401.11 Employee Orientation

                               407 Licensed Employee Termination of Employment

                               413 Classified Employee Termination of Employment

                               605 Instructional Materials

  

Approved: _____

Reviewed: _____

Revised: _____

401.13R1 STAFF TECHNOLOGY USE/SOCIAL NETWORKING REGULATION

General

The following rules and regulations govern the use of the school district's computer network system, employee access to the Internet, and management of computerized records:

  • Employees will be issued a school district e-mail account. Passwords must be changed periodically.
  • Each individual in whose name an access account is issued is responsible at all times for its proper use.
  • Employees are expected to review their e-mail regularly throughout the day, and shall reply promptly to inquiries with information that the employee can reasonably be expected to provide.
  • Communications with parents and/or students must be made on a school district computer, unless in the case of an emergency, and should be saved and the school district will archive the e-mail records according to procedures developed by the district.
  • Employees may access the Internet for education-related and/or work-related activities.
  • Employees shall refrain from using computer resources for personal use, including access to social networking sites.
  • Use of the school district computers and school e-mail address is a public record. Employees cannot have an expectation of privacy in the use of the school district's computers.
  • Use of computer resources in ways that violate the acceptable use and conduct regulation, outlined below, will be subject to discipline, up to and including discharge.
  • Use of the school district's computer network is a privilege, not a right. Inappropriate use may result in the suspension or revocation of that privilege.
  • Off-site access to the school district computer network will be determined by the superintendent in conjunction with appropriate personnel.
  • All network users are expected to abide by the generally accepted rules of network etiquette. This includes being polite and using only appropriate language. Abusive language, vulgarities and swear words are all inappropriate.
  • Network users identifying a security problem on the school district's network must notify appropriate staff. Any network user identified as a security risk or having a history of violations of school district computer use guidelines may be denied access to the school district's network.

Prohibited Activity and Uses

The following is a list of prohibited activity for all employees concerning use of the school district's computer network. Any violation of these prohibitions may result in discipline, up to and including discharge, or other appropriate penalty, including suspension or revocation of a user's access to the network.

  • Using the network for commercial activity, including advertising, or personal gain.
  • Infringing on any copyrights or other intellectual property rights, including copying, installing, receiving, transmitting or making available any copyrighted software on the school district computer network. See Policy 605.7, Use of Information Resources for more information.
  • Using the network to receive, transmit or make available to others obscene, offensive, or sexually explicit material
  • Using the network to receive, transmit or make available to others messages that are racist, sexist, and abusive or harassing to others.
  • Use of another's account or password.
  • Attempting to read, delete, copy or modify the electronic mail (e-mail) of other system users.
  • Forging or attempting to forge e-mail messages.
  • Engaging in vandalism. Vandalism is defined as any malicious attempt to harm or destroy school district equipment or materials, data of another user of the school district's network or of any of the entities or other networks that are connected to the Internet. This includes, but is not limited to, creating and/or placing a computer virus on the network.
  • Using the network to send anonymous messages or files.
  • Revealing the personal address, telephone number or other personal information of oneself or another person.
  • Intentionally disrupting network traffic or crashing the network and connected systems.
  • Installing personal software or using personal disks on the school district's computers and/or network without the permission of the Technology Director
  • Using the network in a fashion inconsistent with directions from teachers and other staff and generally accepted network etiquette.

Other Technology Issues

Employees with personal cell phones should not be using the phones for school district business. Employees should contact students and their parents through the school district computer or phone unless in the case of an emergency or with prior consent of the principal. Employees should not release their cell phone number, personal e-mail address, etc. to students or their parents. Employees, who are coaches or sponsors of activities, may create a text list of students and parents in order to communicate more effectively as long as the texts go to all students and the principal is included in the text address list.

401.10 CREDIT AND PROCUREMENT CARDS

Employees may use Wapello Community School District credit cards and/or procurement cards (p-cards) for the actual and necessary expenses in the performance of work-related duties. Actual and necessary expenses incurred in the performance of work-related duties include, but are not limited to travel expenses related to professional development or fulfillment of required job duties, fuel for school district transportation vehicles used for transporting students to and from school and school-sponsored events, payment of claims related to professional development of the board and employees, and other expenses required by employees and the board in the performance of their duties.

Employees and officers using a school district credit or procurement card must submit a detailed itemized receipt in addition to a credit or procurement card receipt indicating the date, purpose, and nature of the expense for each claim item. Failure to provide a proper receipt shall make the employee responsible for expenses incurred. Those expenses shall be reimbursed to the school district no later than ten working days following the use of the school district's credit or procurement card. In exceptional circumstances, the superintendent or board may allow a claim without proper receipt. Written documentation explaining the exceptional circumstances shall be maintained as part of the school district's record of the claim.

The school district may maintain a school district credit or procurement card for actual and necessary expenses incurred by employees and officers in the performance of their duties. The superintendent may maintain a school district credit or procurement card for actual and necessary expenses incurred in the performance of the superintendent's duties. The transportation director may maintain a school district credit or procurement card for fueling school district transportation vehicles in accordance with school policy.

It shall be the responsibility of the superintendent to determine whether the school district credit or procurement card use is for appropriate school business. It shall be the responsibility of the board to determine through the audit and approval process of the board whether the school district credit or procurement card use by the superintendent and the board is for appropriate school business.

The superintendent shall be responsible for developing administrative regulations regarding actual and necessary expenses and use of the school district credit or procurement card. The administrative regulations shall include the appropriate forms to be filed for obtaining a credit or procurement card.

 

Legal Reference:  Iowa Constitution, Art. III, 31.

                              Iowa Code 279.8, .29, .30

                              281 I.A.C. 12.3(1)

 

Cross Reference:  216.3 Board of Directors' Member Compensation and Expenses

                               401.7 Employee Travel Compensation

 

Approved: 6/12/1995

Reviewed: 02/14/2008; 10/12/11; 9/14/16

Revised:

401.11 EMPLOYEE ORIENTATION

Wapello Community School District employees must know their role and duties. New employees may be required to participate in an orientation program for new employees. The employee's immediate supervisor should provide the new employee with a review of the employee's responsibilities and duties. Payroll procedures and employee benefit programs and accompanying forms will be explained to the employee by the board secretary.

Each employee will sign a document stating they have completed the orientation. The signed document will be placed in their personnel file.

 

Approved: 8/17/1995

Reviewed: 02/14/2008; 10/12/11; 9/14/16

Revised: 9/21/2006

402 EMPLOYEES AND OUTSIDE RELATIONS

402.1 RELEASE OF CREDIT INFORMATION

The following information will be released to an entity with whom an employee has applied for credit or has obtained credit: title of position, income, and number of years employed. Employees will be notified of this policy at the beginning of the school year. Confidential information about the employee will be released to an inquiring creditor with the written authorization from the employee.

It shall be the responsibility of the board secretary or superintendent to respond to inquiries from creditors.

 

Approved: 6/12/1995

Reviewed: 10/8/1998; 02/14/2008; 10/12/11; 10/12/16

Revised: 9/21/2006

402.2 CHILD ABUSE REPORTING

In compliance with state law and to provide protection to victims of child abuse, the board believes incidents of alleged child abuse should be reported to the proper authorities. All licensed school employees, teachers, coaches, and paraeducators are mandatory reporters as provided by law and are to report alleged incidents of child abuse they become aware of within the scope of their professional duties.

When a mandatory reporter suspects a student is the victim of child abuse, the mandatory reporter shall make an oral report of the suspected child abuse to the Iowa Department of Human Services within 24 hours of becoming aware of the abusive incident. If the mandatory reporter believes the child is in immediate danger, the local law enforcement agency shall also be notified. Within forty-eight hours of the oral report, the mandatory reporter shall file a written report with the Iowa Department of Human Services.

Within six months of their initial employment, mandatory reporters will take a two hour training course involving identification and reporting of child abuse, or submit evidence they've taken the course within the previous five years. The course shall be re-taken at least every five years.

 

Approved: 6/12/1995

Reviewed: 10/8/1998; 02/14/2008; 10/12/11

Revised: 10/12/16

402.3 ABUSE OF STUDENTS BY SCHOOL DISTRICT EMPLOYEES

Physical or sexual abuse of students, including inappropriate and intentional sexual behavior, by employees will not be tolerated. The definition of employees for the purpose of this policy includes not only those who work for pay but also those who are volunteers of the school district under the direction and control of the school district. Employees found in violation of this policy will be subject to disciplinary action up to and including discharge.

The Wapello Community School District will respond promptly to allegations of abuse of students by school district employees by investigating and arranging for the investigation of an allegation. The processing of a complaint or allegation will be handled confidentially to the maximum extent possible. Employees are required to assist in the investigation when requested to provide information and to maintain the confidentiality of the reporting and investigation process.

The school district has appointed a Level I investigator and alternate Level I investigator. The school district has also arranged for a trained, experienced professional to serve as the Level II investigator. The Level I investigator and alternate will be provided training in the conducting of an investigation at the expense of the school district. The names of the investigators shall be listed in the student handbook, published annually in the local newspaper, and posted in all school facilities.

The superintendent is responsible for drafting administrative regulations to implement this policy.

 

Approved: 6/12/1995

Reviewed: 5/11/2000; 02/14/2008; 10/25/11; 10/12/16

 Revised: 5/11/2000

402.4 GIFTS TO EMPLOYEES

Employees may receive a gift on behalf of the Wapello Community School District. Employees shall not, either directly or indirectly, solicit, accept, or receive any gift, series of gifts, or an honorarium unless the donor does not meet the definition of "restricted donor" stated below or the gift or honorarium does not meet the definition of gift or honorarium stated below.

A "restricted donor" is defined as a person or other entity which:

  • Is seeking to be, or is a party to, any one or any combination of sales, purchases, leases, or contracts to, from or with the school district;
  • Will be directly or substantially affected financially by the performance or nonperformance of the employee's official duty in a way that is greater than the effect on the public generally or on a substantial class of persons to which the person belongs as a member of a profession, occupation, industry, or region; or
  • Is a lobbyist or a client of a lobbyist with respect to matters within the school district's jurisdiction.

A "gift" is the giving of anything of value in return for which something of equal or greater value is not given or received. However, "gift" does not include any of the following:

  • Contributions to a candidate or candidate's committee;
  • Information material relevant to an employee's official function, such as books, pamphlets, reports, documents, periodicals, or other information that is recorded in a written, audio, or visual format;
  • Anything received from a person related within the fourth degree by kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related;
  • An inheritance;
  • Anything available or distributed to the general public free of charge without regard to the official status of the employee;
  • Items received from a charitable, professional, educational, or business organization to which the employee belongs as a dues paying member if the items are given to all members of the organization without regard to an individual member's status or positions held outside the organization and if the dues paid are not inconsequential when compared to the items received;
  • Actual expenses of an employee for food, beverages, travel, and lodging for a meeting, which is given in return for participation in a panel or speaking engagement at the meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
  •  
  • Plaques or items of negligible resale value given as recognition for public service;
  • Non-monetary items with the value of less than three dollars that are received from any one donor during one calendar day;
  •  Items or services solicited or given to a state, national, or regional organization in which the state of Iowa or a school district is a member for purposes of a business or educational conference, seminar, or other meeting or solicited by or given for the same purposes to state, national, or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees for purposes of a business or educational conference, seminar, or other meeting;
  • Items or services received by members or representatives of members as part of a regularly scheduled event that is part of a business or educational conference, seminar, or other meeting that is sponsored or directed by any state, national, or regional government organization in which the state of Iowa or a political subdivision of the state of Iowa is a member or received at such an event by members or representatives of members of state, national, or regional government organizations whose memberships and officers are primarily composed of state or local government officials or employees;
  • Funeral flowers or memorials to a church or nonprofit organization;
  • Gifts which are given to an employee for the employee's wedding or twenty-fifth or fiftieth wedding anniversary;
  •  Payment of salary or expenses by the school district for the cost of attending a meeting of the subunit of an agency when the employee whose expenses are being paid serves on a board, commission, committee, council, or other subunit of the agency and the employee is not entitled to receive compensation or reimbursement of expenses from the school district for attending the meeting; or
  • Gifts other than food, beverages, travel, and lodging received by an employee which are received from a person who is a citizen of a country other than the United States and is given during a ceremonial presentation or as a result of a custom of the other country and is of personal value only to the employee;
  • Actual registration costs for informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions. The costs of food, drink, lodging, and travel are not "registration costs" under this paragraph. Meetings or sessions which a public official or public employee attends for personal or professional licensing purposes are not "informational meetings or sessions which assist a public official or public employee in the performance of the person's official functions" under this paragraph.

An "honorarium" is anything of value that is accepted by, or on behalf of, an employee as consideration for an appearance, speech, or article. An honorarium does not include any of the following:

  • Actual expenses of an employee for registration, food, beverages, travel, or lodging for a meeting, which is given in return for participation in a panel or speaking engagement at a meeting when the expenses relate directly to the day or days on which the employee has participation or presentation responsibilities;
  •  A non-monetary gift or series of non-monetary gifts donated within thirty days to a public body, an educational or charitable organization or the Iowa Department of General Services; or
  • A payment made to an employee for services rendered as part of a private business, trade, or profession in which the employee is engaged if the payment is commensurate with the actual services rendered and is not being made because the person's status as an employee of the district, but, rather, because of some special expertise or other qualification.

It shall be the responsibility of each employee to know when it is appropriate to accept or reject gifts or an honorarium.

 

Approved: 6/12/1995

Reviewed: 10/8/1998; 02/14/2008; 10/12/11; 10/12/16

Revised: 9/21/2006

402.6 EMPLOYEE OUTSIDE EMPLOYMENT

The Wapello Board of Directors believes the primary responsibility of employees is to the duties of the position within the school district as outlined in the job description. The board considers an employee's duties as part of a regular, full-time position as full-time employment. The board expects such employees to give the responsibilities of the positions in the school district precedence over any other employment.

It shall be the responsibility of the superintendent to counsel employees, whether full-time or part-time, if, in the judgment of the superintendent and the employee's immediate supervisor, the employee's outside employment interferes with the performance of the employee's duties required in the employee's position within the school district.

The board may request the employee to cease the outside employment as a condition of continued employment with the school district.

 

Approved: 6/12/1995

Reviewed: 10/8/1998; 02/14/2008; 10/12/11; 10/12/16

Revised:

403 EMPLOYEES' HEALTH AND WELL-BEING

403.1 EMPLOYEE PHYSICAL EXAMINATIONS

Good health is important to job performance.

School bus drivers will present evidence of good health upon initial and every other year in the form of a physical examination report unless otherwise required by law or medical opinion. Employees whose physical or mental health, in the judgment of the administration, may be in doubt shall submit to additional examinations, when requested to do so, at the expense of the school district.

The cost of the initial examination will be paid by the school district. The form, indicating the employee is able to perform the duties with or without reasonable accommodation for which the employee was hired, must be returned prior to the performance of duties. The cost of bus driver renewal physicals will be paid by the school district up to a maximum of $55.00. The school district shall provide the standard examination form to be completed by the personal physician of the employee or a certified medical examiner for bus drivers. Employees whose physical or mental health, in the judgment of the administration, may be in doubt shall submit to additional examinations to the extent job-related and consistent with business necessity, when requested to do so, at the expense of the school district.

The district will comply with occupational safety and health requirements as applicable to its employees in accordance with law.

The requirements stated in the Master Contract being between employees in that certified collective bargaining unit and the board regarding physical examinations of such employees shall be followed.

 

Approved: 6/12/1995

Reviewed: 11/13/2003; 02/14/2008; 10/12/11; 8/10/16; 11/9/16

Revised: 11/13/2003; 6/08/2006

403.2 EMPLOYEE INJURY ON THE JOB

When an employee becomes seriously injured on the job, the building principal shall notify member of the family, or an individual of close relationship, as soon as the building principal becomes aware of the injury.

If possible, an employee may administer emergency or minor first aid. An injured employee may be turned over to the care of the employee's family or qualified medical employees as quickly as possible. The school district is not responsible for medical treatment of an injured employee.

It shall be the responsibility of the employee injured on the job to inform the superintendent within twenty-four hours of the occurrence. It shall be the responsibility of the employee's immediate supervisor to file an accident report within twenty-four hours after the employee reported the injury.

It shall be the responsibility the employee to file claims, such as workers' compensation, through the board secretary.

 

Approved: 6/12/1995

Reviewed: 11/12/1998; 02/14/2008; 10/12/11; 11/9/16

Revised:

403.3 COMMUNICABLE DISEASES - EMPLOYEES

Employees with a communicable disease will be allowed to perform the customary employment duties provided they are able to perform the essential functions of the position and their presence does not create a substantial risk of illness or transmission to students or other employees. The term "communicable disease" shall mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.

Prevention and control of communicable diseases shall be included in the school district's blood-borne pathogens exposure control plan. The procedure shall include scope and application, definitions, exposure control, methods of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazards to employees, and recordkeeping. This plan shall be reviewed annually by the superintendent and school nurse.

The health risk to immunodepressed employees shall be determined by their personal physician. The health risk to others in the school district environment from the presence of an employee with a communicable disease shall be determined on a case-by-case basis by the employee's personal physician, a physician chosen by the school district, or public health officials.

An employee who is at work who has a communicable disease which creates a substantial risk of harm to a student, coworker, or others at the workplace shall report the condition to the superintendent anytime the employee is aware that the disease actively creates such risk.

Health data of an employee is confidential and it shall not be disclosed to third parties. Employee medical records shall be kept in a file separate from their personnel files.

It shall be the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating procedures for dealing with employees with a communicable disease.

 

Approved: 6/12/1995

Reviewed: 12/10/1998; 02/14/2008; 10/12/11; 11/9/16

Revised: 12/10/1998

403.3E1 HEPATITIS B VACCINE INFORMATION AND RECORD

The Disease

Hepatitis B is a viral infection caused by the Hepatitis B virus (HBV) which causes death in 1-2% of those infected. Most people with HBV recover completely, but approximately 5 to 10% become chronic carriers of the virus. Most of these people have no symptoms, but can continue to transmit the disease to others. Some may develop chronic active Hepatitis and cirrhosis. HBV may be a causative factor in the development of liver cancer. Immunization against HBV can prevent acute Hepatitis and its complications.

The Vaccine

The HBV vaccine is produced from yeast cells. It has been extensively tested for safety and effectiveness in large-scale clinical trials.

Approximately 90% of healthy people who received two doses of the vaccine and a third dose as a booster achieve high levels of surface antibody (anti-HBs) and protection against the virus. The HBV vaccine is recommended for workers with potential for contact with blood or body fluids. Full immunization requires three doses of the vaccine over a six-month period, although some persons may not develop immunity even after three doses.

There is no evidence that the vaccine has ever caused Hepatitis B. However, persons who have been infected with HBV prior to receiving the vaccine may go on to develop clinical Hepatitis in spite of immunization.

Dosage and Administration

The vaccine is given in three intramuscular doses in the deltoid muscle. Two initial doses are given one month apart and the third dose given six months after the first.

Possible Vaccine Side Effects

 

The incidence of side effects is very low. No serious side effects have been reported with vaccine. 10 to 20 percent of persons experienced tenderness and redness at the site of injection and low-grade fever. Rash, nausea, joint pain, and mild fatigue have also been reported. The possibility exists that other side effects may be identified with more extensive use.


HEPATITIS B VACCINE INFORMATION AND RECORD
CONSENT OF HEPATITIS B VACCINATION

I have knowledge of the Hepatitis B and the Hepatitis B vaccination. I have had an opportunity to ask questions of a qualified nurse or physician and understand the benefits and risks of Hepatitis B vaccination. I understand I must have three doses of the vaccine to obtain immunity. However, as with all medical treatment, there is no guarantee that I will become immune or that I will not experience side effects from the vaccine. I give my consent to be vaccinated for Hepatitis B.

Signature of Employee (consent for Hepatitis B vaccination)                                  Date

Signature of Witness                                                                                                            Date

REFUSAL OF HEPATITIS B VACCINATION

I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring the Hepatitis B virus infection. I have been given the opportunity to be vaccinated with the Hepatitis B vaccine at no charge to myself. However, I declined the Hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring Hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with the Hepatitis B vaccine, I can receive the vaccination series at no charge to me.

Signature for Employee (refusal for Hepatitis B vaccination)                                   Date

Signature of Witness                   Date

I refuse because I believe I have (check one)

         ____ started the series                                _____ completed a series

HEPATITIS B VACCINE INFORMATION IN RECORD

RELEASE FOR HEPATITIS B MEDICAL INFORMATION

I hereby authorize_________________________________________________ (individual or

organization holding Hepatitis B records and address) to release to the Wapello Community School District, by Hepatitis B vaccination records for required employee records.

I hereby authorize release of my Hepatitis B status to a health-care provider, in the event of an exposure incident.

Signature of Employee                                                                                                         Date

Signature of Witness

HEPATITIS B VACCINE INFORMATION IN RECORD

CONFIDENTIAL RECORD

Employee Name (last, first, middle)                                                                                          Social Security

Job Title:

         Hepatitis B Vaccination Date Lot Number Site            Administered by

1.   ___

2.   ___

3.    

Additional Hepatitis B status information:

Post-exposure incident: (Date, time, circumstances, route under which exposure occurred)

Identification and documentation of source individual:

Source blood testing consent:

Description of employee's duties as related to the exposure incident:

Copy of information provided to health care professional evaluating employee after an exposure incident:

Attach a copy of all results of examinations, medical testing, follow up procedures, and health care professional's written opinion.

Training Record: (date, time, instructor, location of training summary):

403.3R1 UNIVERSAL CAUTIONS REGULATION

Universal precautions (UP) are intended to prevent transmission of infection, as well as decrease the risk of exposure for employees and students. It is not currently possible to identify all infected individuals, does precautions must be used with every individual.

UP pertain to be let another potentially infectious materials (OPIM) wastes (OBFW) such as saliva, sputum, feces, tears, nasal secretions, vomitus, and urine unless blood is visible in the material. However, these OBFW can be sources of other infections and should be handled as if they are infectious. The single most important step in preventing exposure to and transmission of any infection is anticipating potential contact with infectious materials in routine as well as emergency situations. Based on the type of possible contact, employees and students should be prepared to use the appropriate precautions prior to the contact. Diligent and proper hand washing, the use of barriers, appropriate disposal of waste products and needles, and proper decontamination of spills are essential techniques of infection control. All individuals should respond to situations practicing UP followed by the activation of the school response team plan. Using common sense and the application of these measures will enhance protection of employees in students.

Hand Washing

Proper hand washing is crucial to preventing the spread of infection. Textured jewelry on the hands or wrist should be removed prior to washing and kept off until completion of the procedure and the hands are washed. Use of running water, lathering with soap, and using friction to clean all hand surfaces is key. Rinse well with running water and dry hands with paper towels.

  • Hands should be washed before physical contact with individuals and after contact is completed.
  • Hands should be washed after contact with any used equipment.
  • If hands (or other skin) come into contact with blood or body fluids, hands should be washed immediately before touching anything else.
  • Hands should be washed whether gloves are worn or not and, if gloves are worn, after the gloves are removed.

Barriers

 

Barriers anticipated to be used at school include disposable gloves, absorbent materials, and resuscitation devices. Their use is intended to reduce the risk of contact with blood and body fluids as well as to control the spread of infectious agents from individual to individual. Gloves should be worn when in contact with blood, OPIM, or OBFW. Gloves should be removed without touching the outside and disposed of after each use.

Disposal of Waste

Blood, OPIM, OBFW, used gloves, barriers, and absorbent materials should be placed in a plastic bag and disposed of in the usual procedure. When the blood or OPIM is liquid, semi-liquid, or caked with dried blood, it is not absorbed in materials and is capable of releasing the substance if compressed, special disposal is regulated waste is required. A Band-Aid, towel, sanitary napkin towel or other absorbed waste that does not have the potential of releasing the waste if compressed would not be considered regulated waste. It is anticipated schools would only have regulated waste in the case of a severe incident. Needles, syringes, and other sharp disposable objects should be placed in special puncture proof containers and disposed of as regulated waste. Bodily wastes such as urine, vomit, or feces should be disposed of in the sanitary sewer system.

Cleanup

Spills of blood and OPIM should be cleaned up immediately. The employee should:

  • Wear gloves.
  • Clean up the spill with paper towels or other dormant material.
  • Use of solution of one part household bleach to 100 parts of water (1:100) or other EPA-approved disinfectant and use it to wash the area well.
  • Dispose of gloves, soiled towels, and other waste in a plastic bag.
  • Clean and disinfect reusable supplies and equipment.

Laundry

Laundry with blood or OPIM should be handled as little as possible with a minimum of agitation. It should be bagged at the location. If it has the potential of releasing the substance when compacted, regulated waste guidelines should be followed. Employees who have contact with this laundry should wear protective barriers.

Exposure

An exposure to blood or OPIM through contact with broken skin, mucous membrane, or by needle or sharp stick requires immediate washing, reporting, and follow-up.

  • Always wash the exposed area immediately with soap and water.
  • If a mucous membrane splash (I or mouth) or exposure of broken skin occurs, irrigate or wash the area thoroughly.
  • If a cut or needle stick injury occurs, wash the area thoroughly with soap and water.

The exposure should be reported immediately, the parent or guardian is notified, and the person exposed contacts a physician for further health care.

 

Approved: 6/12/1995

Reviewed: 11/12/1998; 02/14/2008; 10/12/11

Revised:

403.4 HAZARDOUS CHEMICAL DISCLOSURE

The Wapello Board of Directors authorizes the development of a comprehensive hazardous chemical communication program for the school district to disseminate information about hazardous chemicals in the workplace.

Each employee shall annually review information about hazardous substances in the workplace. When a new employee is hired or transferred to a new position or worksite, information and training, if necessary, shall be included in the employee's orientation. When an additional hazardous substance enters the workplace, information about it shall be distributed to all employees, and training shall be conducted for the appropriate employees. The superintendent shall maintain a file indicating when such hazardous substances are present in the workplace and training and information sessions take place.

Employees who will be instructing or otherwise working with students shall disseminate information about the hazardous chemicals with which they will be working as part of the instructional program.

It shall be the responsibility of the superintendent to develop administrative regulations regarding this program.

 

Approved: 6/12/1995

Reviewed: 11/12/1998; 02/14/2008; 10/12/11; 11/9/16

Revised:

403.5 SUBSTANCE-FREE WORKPLACE

The Wapello Board of Directors expects the school district and its employees to remain substance free. No employee shall unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the working place any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or any other controlled substance or alcoholic beverage as defined by federal or state law. "Workplace" includes school district facilities, school district premises, or school district vehicles. "Workplace" also includes non-school property if the school employee is at any school-sponsored, school-approved, or school-related activity, event, or function, such as field trips or athletic events or students are under the control of the school district or where the employee is engaged in school business.

If an employee is convicted of a violation of any criminal drug offense committed in the workplace, the employee shall notify the employee's supervisor of the conviction within five days of the conviction.

The superintendent will make a determination whether to require the employee to undergo substance-abuse treatment or to discipline the employee. In employee who violates the terms of this policy may be subject to discipline up to and including termination. (An employee who violates this policy may be required to successfully participate in a substance abuse treatment program approved by the board.) If the employee fails to successfully participate in a program, the employee may be subject to discipline up to and including termination.

The superintendent shall be responsible for publication and dissemination of this policy to each employee. In addition, the superintendent shall oversee the establishment of a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment programs.

It is the responsibility of the superintendent to develop administrative regulations to implement this policy.

 

Approved: 6/12/1995

Reviewed: 11/12/1998; 02/14/2008; 10/12/11; 11/9/16

Revised:

403.5E1 SUBSTANCE-FREE WORKPLACE NOTICE TO EMPLOYEES

EMPLOYEES ARE HEREBY NOTIFIED it is a violation of the Substance-Free Workplace Policy for an employee to unlawfully manufacture, distribute, dispense, possess, use, or be under the influence of in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, or any other controlled substance or alcohol, as defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 and Iowa Code Chapter 204.

"Workplace" is defined as the site for the performance of work done in the capacity as an employee. This includes school district facilities, other school premises, or school district vehicles. "Workplace" also includes non-school property if the employee is at any school-sponsored, school-approved, or school-related activity, event, or function, such as field trips or athletic events were students are under the control of the school district or where the employee is engaged in school business.

Employees who violate the terms of the Substance-Free Workplace Policy may be required to successfully participate in a substance abuse treatment program approved of the board. The superintendent retains the discretion to discipline an employee for violation of the Substance-Free Workplace Policy. If the employee fails to successfully participate in such a program the employee shall be subject to discipline up to and including termination.

EMPLOYEES ARE FURTHER NOTIFIED it is a condition of their continued employment that they comply with the above policy of the school district and will notify their supervisor of their conviction of any criminal drug statute for violation committed in the workplace, no later than five days after the conviction.

SUBSTANCE-FREE WORKPLACE ACKNOWLEDGMENT FORM

I,_________________________________ , have read and understand the Substance-Free Workplace Policy. I understand that if I violate the Substance-Free Workplace Policy, I may be subject to discipline up to and including termination or I may be required to participate in a substance abuse treatment program. If I fail to successfully participate in a substance abuse treatment program, I understand I may be subject to discipline up to and including termination. I understand that if I am required to participate in a substance abuse treatment program and I refuse to participate, I may be subject to discipline up to and including termination. I also understand that if I am convicted of a criminal drug offense committed in the workplace, I must report that conviction to my supervisor within five days the conviction.

 

Signature of Employee

Date                                                     

Time

 

 

403.5R1 SUBSTANCE-FREE WORKPLACE REGULATION

A superintendent who suspects an employee has a substance abuse problem shall follow these procedures:

  1. Identification - the superintendent shall document the evidence the superintendent has which leads the superintendent to conclude the employee has violated the Substance-Free Workplace Policy. After the superintendent has determined there has been a violation of the Substance-Free Workplace Policy, the superintendent shall discuss the problem with the employee.
  2. Discipline - if, after the discussion with the employee, the superintendent determines there has been a violation of the Substance-Free Workplace Policy, the superintendent may recommend discipline up to and including termination or may recommend the employee seek substance abuse treatment. Participation in a substance abuse treatment program is voluntary.
  3. Failure to participate in referral - if the employee refuses to participate in a substance abuse treatment program or if the employee does not successfully complete a substance abuse treatment program, the employee may be subject to discipline up to and including termination.
  4. Conviction - if an employee is convicted of a criminal drug offense committed in the workplace, the employee must notify the employer of the conviction within five days of the conviction.

 

Approved: 6/12/1995

Reviewed: 11/12/1998; 02/14/2008; 10/12/11

Revised:

 

403.6 DRUG AND ALCOHOL TESTING PROGRAM

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports 16 or more persons including the driver or the school vehicle weighs 26,001 pounds or more. For purposes of the drug and alcohol testing program, the term "employees" includes applicants who have been offered a position to operate a school vehicle.

The employees operating a school vehicle as described are subject to pre-employment drug testing and random, reasonable suspicion, post-accident drug and alcohol testing. Employees operating school vehicles will not perform a safety-sensitive function within four hours of using alcohol. Employees governed by this policy are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate school vehicles and continue to be subject to the drug and alcohol testing program as long as they may be required to perform a safety-sensitive function as it is defined in the administrative regulations. Employees with questions about the drug and alcohol testing program may contact the Wapello School District contact person, Gary Spitznogle, Transportation Director at Pleasant Street, Wapello, IA. Phone: (319) 523-5561.

Employees who violate the terms of this policy are subject to discipline up to and including termination.

It is the responsibility of the superintendent to develop administrative regulations to implement this policy in compliance with the law. The superintendent will inform applicants of the requirement for drug and alcohol testing and notices or advertisements for employment.

The superintendent shall also be responsible for publication and dissemination of this policy and its supporting administrative regulations to employees operating school vehicles. The superintendent will also oversee a substance-free awareness program to educate employees about the dangers of substance abuse and notify them of available substance abuse treatment resources and programs.

Employees who violate the terms of this policy may be subject to discipline up to and including termination. Employees who violate this policy will, as a condition of continued employment, be required to successfully participate in a substance abuse evaluation and, if recommended by the substance abuse professional, a substance abuse treatment program. Employees required to participate in and who fail to or refuse to successfully participate in a substance abuse evaluation or recommend substance abuse treatment program may be subject to discipline up to and including termination.

 

Approved: 2/15/1996

Reviewed: 7/10/2003; 02/14/2008; 10/12/11; 11/9/16

Revised: 7/10/2003

403.6E1 DRUG AND ALCOHOL TESTING PROGRAM NOTICE TO EMPLOYEES

Employees governed by the drug and alcohol testing policy are hereby notified they are subject to the school district's drug and alcohol testing program for pre-employment drug testing in random, reasonable suspicion and post-accident drug and alcohol testing as outlined in the Drug and Alcohol Testing Program policy, its supporting documents, and the law.

Employees who operate school vehicles are subject to drug and alcohol testing if a commercial driver's license is required to operate the school vehicle and the school vehicle transports 16 or more persons including the driver or the school vehicle weighs 26,001 pounds or more. For purposes of the drug and alcohol testing program, "employees" also includes applicants who have been offered a position to operate a school vehicle. The employee's operating a school vehicle are subject to the drug and alcohol testing program beginning the first day they operate or are offered a position to operate a school vehicle and continue to be subject to the school and alcohol testing program.

It is the responsibility of the superintendent to inform employees of the drug and alcohol testing program requirements. Employees with questions regarding the drug and alcohol testing requirements will contact the school district contact person.

Employees governed by the drug and alcohol testing probably see are further notified that employees violating this policy, its supporting documents, or the law may be subject to discipline up to and including termination.

Employees governed by the drug and alcohol testing policy are further notified it is a condition of their continued employment to comply with the Drug and Alcohol Testing Program policy, its supporting documents, and the law. It is a condition of continued employment for employees operating a school vehicle to notify their supervisor of any prescription medication they are using. Drug and alcohol testing records about a driver confidential and are released in accordance with this policy, its supporting documents, or the law.

 

 

Approved: 7/10/2003                      

Reviewed: 02/14/2008; 10/12/11

Revised:

403.6E2 DRUG AND ALCOHOL TESTING PROGRAM ACKNOWLEDGMENT FORM

I, (_________________________), have received a copy, read, and understand the Drug and Alcohol Testing Program and its supporting documents. I consent to submit to the drug and alcohol testing program as required by the Drug and Alcohol Testing Program policy, its supporting documents, and the law.

I understand that if I violate the Drug and Alcohol Testing Program policy, its supporting documents, or the law, I may be subject to discipline up to and including termination.

I also understand that I must inform my supervisor of any prescription medication I use. I further understand that drug and alcohol testing records about me are confidential and may be released in accordance with this policy, its supporting documents, or the law.

Signature of Employee                                                                      

Date                                      

Time

 

 

Approved: 7/10/2003

Reviewed: 02/14/2008; 10/12/11

Revised:

 

404 EMPLOYEE CONDUCT AND APPEARANCE

Employees are role models for the students who come in contact with them during and after school hours. The board recognizes the positive effect employees can have on students in this capacity. To this end, the board strongly suggests and encourages employees to dress themselves, groom themselves, and conduct themselves in a manner appropriate to the educational environment.

Employees shall conduct themselves in a professional manner. Employees shall dress in attire appropriate for their position. Clothing should be neat, clean, and in good taste. Discretion and common sense call for an avoidance of extremes which would interfere with or have an effect on the educational process.

Licensed employees of the school district shall follow the code of ethics for the profession as established by the Iowa Board of Educational Examiners.

 

Approved: 6/12/1995

Reviewed: 12/10/1998; 02/14/2008; 10/12/11; 12/14/16

Revised:

404.1R1 EMPLOYEE CONDUCT REGULATION

Employees of the district must notify the Superintendent of any arrests, the filing of any criminal charges, and the disposition of any criminal charges pending against them. Notification to Superintendent should occur within three (3) business days of notification to the employee. Except for employees whose duties require possession of a Commercial Drivers License, simple misdemeanors do not need to be reported by employees.

Employees must notify the Superintendent of any child abuse complaints filed against them. Employees must notify the Superintendent regarding the findings in any complaint against them alleging child abuse. Notification to the Superintendent of any complaints and findings should occur within three (3) business days of notification to employee.

Current employees shall report any felony convictions or founded complaints of child abuse that occurred within five years of the date this policy was adopted. Information relating to arrests, criminal charges and child abuse complaints shall be treated and maintained as part of the employee's confidential file. Employees who do not notify the District as required under this policy may be subject to disciplinary action up to and including termination.

 

Adopted: 7/9/2009

Reviewed:  10/12/11; 12/18/16

Revised:

404.1R2 EMPLOYEE CODE OF RIGHTS AND RESPONSIBILITIES REGULATION

CHAPTER 25

 

282—25.1(272) Score of standards.  This code of professional conduct and ethics constitutes mandatory minimum standards of practice for all licensed practitioners as defined in Iowa Code chapter 272.  The adherence to certain professional and ethical standards is essential to maintaining the integrity of the education profession.

 

282—25.2(272) Definitions.  Except where otherwise specifically defined by law:

Administrative and supervisory personnel” means any licensed employee such as superintendent, associate superintendent, assistant superintendent, principal, associate principal, assistant principal, or other person who does not have as a primary duty the instruction of pupils in the schools.

“Board” means the Iowa board of educational examiners.

“Discipline” means the process of sanctioning a license, certificate or authorization issued by the board.

“Ethics” means a set of principles governing the conduct of all persons governed by these rules.

“Fraud” means knowingly providing false information or representations on an application for licensure or employment, or knowingly providing false information or representations made in connection with the discharge of duties.

“License” means any license, certificate, or authorization granted by the board.

“Practitioner” means an administrator, teacher, or other licensed professional, including an individual who holds a statement of professional recognition, who provides educational assistance to students.

“Responsibility” means a duty for which a person is accountable by virtue of licensure.

“Right” means a power, privilege, or immunity secured to a person by law.

“Student” means a person, regardless of age, enrolled in a prekindergarten through grade 12 school, who is receiving direct or indirect assistance from a person licensed by the board.

“Teacher” means any person engaged in the instructional program for prekindergarten through grade 12 children, including a person engaged in teaching, administration, and supervision, and who is required by law to be licensed for the position held.

282—25.3(272) Standards of professional conduct and ethics.  Licensees are required to abide by all federal, state, and local laws applicable to the fulfillment of professional obligations.  Violation of federal, state, or local laws in the fulfillment of professional obligations constitutes unprofessional and unethical conduct which can result in disciplinary action by the b oard.  In addition, it is hereby deemed unprofessional and unethical f or any licensee to violate any of the following standards of professional conduct and ethics: 

            25.3(1) Standard I—conviction of crimes, sexual or other immoral conduct with or toward a student, and child dependent adult abuse.  Violation of this standard includes:

  1. Fraud.  Fraud means the same as defined in rule 282—25.2(272).
  2. Criminal convictions. The commission of or conviction for a criminal offense as defined by Iowa law provided that the offense is relevant to or affects teaching or administrative performance.
    1. Disqualifying criminal convictions.  The board shall deny an application for licensure and shall revoke a previously issued license if the applicant or licensee has, on or after July 1, 2002, been convicted of, has pled guilty to, or has been found guilty of the following criminal offenses, regardless of whether the judgment of conviction or sentence was deferred:
      1. Any of the following forcible felonies included in Iowa Code chapter 702.11: child endangerment, assault, murder, sexual abuse, or kidnapping.
      2. Any of the following criminal sexual offenses, as provided in Iowa Code chapter 709, involving a child:
        1.                First, second, or third-degree sexual abuse committed on or with a person who is under the age of 18
        2.               Lascivious acts with a child
        3.             Assault with intent to commit sexual abuse
        4.             Indecent contact with a child
        5.             Sexual exploitation by a counselor
        6.             Lascivious conduct with a minor
        7. Sexual exploitation by a school employee
        8. Enticing a minor under Iowa Code section 710.10
        9. Human trafficking under Iowa Code section 710A.2
      3. Incest involving a child a s prohibited by Iowa Code section 726.2
      4. Dissemination and exhibition of obscene material to minors as prohibited by Iowa Code section 728.2
      5. Telephone dissemination of obscene material to minors as prohibited by Iowa Code Section 728.15
      6. Any offense specified in the laws of another jurisdiction, or any offense that may be prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraph 25.3(2)”b”(1)
      7. Any offense under prior laws of this state or another jurisdiction, or any offense under prior law that was prosecuted in a federal, military, or foreign court, that is comparable to an offense listed in subparagraph 25.3(1)”b(1).
    2. Other criminal convictions and founded child abuse.  In determining whether a person should be denied a license or whether a licensee should be disciplined based upon any other criminal conviction, including a conviction for an offense listed in 25.3(1)”b”(1) which occurred before July 1,  2002, or a founded report of abuse of a child, the board shall consider:
      1. The nature and seriousness of the crime or founded abuse in relation to the position sought
      2. The time elapsed since the crime or founded abuse was committed
      3. The degree of rehabilitation which ahs taken place since the crime or founded abuse was committed
      4. The likelihood that the person will commit the same crime or abuse again
      5. The number of criminal convictions or founded abuses committed; and
      6. Such additional factors as may in a particular case demonstrate mitigating circumstances or heightened risk to public safety.
  3. Sexual involvement or indecent contact with a student. Sexual involvement includes, but is not limited to, the following acts, whether consensual or nonconsensual:  fondling or touching the inner thigh, groin, buttocks, anus, or breasts; or the commission of any sex act as defined in Iowa Code section 702.17.
  4. Sexual exploitation of a minor. The commission of or any conviction for an offense prohibited by Iowa Code section 728.12, Iowa Code chapter 709 or 18 U.S.C. Section 2252A(a)(5)(B).
  5. Student abuse. Licensees shall maintain professional relationships with all students, both inside and outside the classroom.  The following acts or behavior constitutes unethical conduct without regard to the existence of a criminal charge or conviction:
    1. Committing any act of physical abuse of a student
    2. Committing any act of dependent adult abuse on a dependent adult student
    3. Committing or soliciting any sexual or otherwise indecent act with a student or any minor
    4. Soliciting, encouraging, or consummating a romantic or otherwise inappropriate relationship with a student.
    5. Furnishing alcohol or illegal or unauthorized drugs or drug paraphernalia to any student or knowingly allowing a student to consume alcohol or illegal or unauthorized drugs in the presence of the licensee
    6. Failing to report any suspected act of child or dependent adult abuse as required by state law
    7. Committing or soliciting any sexual conduct as defined in Iowa Code section 709.15(3)”b” or soliciting, encouraging, or consummating a romantic relationship with any person who was a student within 90 days prior to any conduct alleged in the complaint, if that person was taught by the practitioner or was supervised by the practitioner in any school activity when that personal was a student.

25.3(2) Standard II—alcohol or drug abuse.  Violation of this standard includes:

  1. Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming illegal or unauthorized drugs or abusing legal drugs.
  2. Being on school premises or at a school-sponsored activity involving students while under the influence of, possessing, using, or consuming alcohol.

25.3(3) Standard III—misrepresentation, falsification of information.  Violation of this standard includes:

  1. Falsifying or deliberately misrepresenting or omitting material information regarding professional qualifications, criminal history, college credit, staff development credit, degrees, academic award, or employment history when applying for employment or licensure
  2. Falsifying or deliberately misrepresenting or omitting material information regarding compliance reports submitted to federal, state, and other governmental agencies.
  3. Falsifying or deliberately misrepresenting or omitting material information submitted in the course of an official inquiry or investigation.
  4. Falsifying any records or information submitted to the board in compliance with the license renewal requirements imposed under 282—Chapter 20
  5. Falsifying or deliberately misrepresenting or omitting material information regarding the evaluation of students or personnel, including improper administration of any standardized tests, including, but not limited to, changing test answers, providing test answers, copying or teaching identified test items, or using inappropriate accommodations or modifications for such tests.

25.3(4) Standard IV—misuse of public funds and property.  Violation of this standard includes:

  1. Failing to account properly for funds collected that were entrusted to the practitioner in an educational context
  2. Converting public property or funds to the personal use of the practitioner
  3. Submitting fraudulent requests for reimbursement of expenses or for pay
  4. Combining public or school related funds with personal funds
  5. Failing to use time or funds granted for the purpose for which they were intended.

25.3(5) Standard V—violations of contractual obligations. 

  1. Violation of this standard includes:
    1. Asking a practitioner to sign a written professional employment contract before the practitioner has been unconditionally released from a current contract, unless the practitioner provided notice to the practitioner’s employing board as set for in subparagraph 25.3(5)”b”(2)
    2. Abandoning a written professional employment contract without prior unconditional release by the employer
    3. As an employer, executing a written professional employment contract with a practitioner which requires the performance of duties that the practitioner is not legally qualified to perform.
    4. As a practitioner, executing a written professional employment contract which requires the performance of duties that the practitioner is not legally qualified to perform.
  2. In addressing complaints based upon contractual obligations, the board shall consider factors beyond the practitioner’s control.  For purposes of enforcement of this standard, a practitioner will not be found to have abandoned an existing contract if:
    1. The practitioner obtained a release from the employing board before discontinuing services under the contract
    2. The practitioner provided notice to the employing board no later than the latest of the following dates:
      1. The practitioner’s last word day of the school year
      2. The date set for return of the contract as specified in statue
      3. June 30

25.3(6) Standard VI—unethical practice toward other members of the profession, parents, students, and the community.  Violation of this standard includes;

  1. Denying the student, without just cause, access to varying points of view
  2. Deliberately suppressing or distorting subject matter for which the educator bears responsibility.
  3. Failing to make reasonable effort to protect the health and safety of the student or creating conditions harmful to student learning.
  4. Conducting professional business in such a way that the practitioner repeatedly exposes students or other practitioners to unnecessary embarrassment or disparagement.
  5. Engaging in any act of illegal discrimination or otherwise denying a student or practitioner participation in the benefits of any program on the grounds of race, creed, color, religion, age, sex, sexual orientation, gender identity, disability, marital status, or national origin
  6. Soliciting students or parents of students to purchase equipment, supplies, or services from the practitioner for the practitioner’s personal advantage
  7. Accepting gifts from vendors or potential vendors where there may be the appearance of or an actual conflict of interest
  8. Intentionally disclosing confidential information including, but not limited to, unauthorized sharing of information concerning student academic or disciplinary records, health and medical information, assessment or testing results, or family income.  Licensees shall comply with state and federal laws and local school board policies relating to the confidentiality of student re cords, unless disclosure is required or permitted by law
  9. Refusing to participate in a professional inquiry when requested by the board
  10. Aiding, assisting, or abetting an unlicensed person in the completion of acts for which licensure is required.
  11. Failing to self-report to the board within 60 days any founded child abuse report, or any conviction for a criminal offense listed in 25.3(1)” b”(1) which requires revocation of the practitioner’s license
  12. Delegating tasks to unqualified personnel
  13. Failing to comply with federal, state, and local laws applicable to the fulfillment of professional obligations
  14. Allowing another person to use one’s practitioner license for any purpose
  15. Performing services beyond the authorized scope of practice for which the individual is licensed or prepared or performing services without holding a valid license
  16. Falsifying, forging, or altering a license issued by the board.
  17. Failure of the practitioner holding a contract under Iowa Code 270.13 to disclose to the school official responsible for determining assignments a teaching assignment for which the practitioner is not properly licensed.
  18. Failure of a school official responsible for assigning licensed practitioners holding contracts under Iowa Code 279.13 to adjust an assignment if the practitioner discloses to the official that the practitioner is not properly licensed for an assignment.

25.3(7) Standard VII—compliance with state law governing obligations to state or local governments, child support obligations, and board orders.  Violation of this standard includes:

  1. Failing to comply with 282—Chapter 8 concerning payment of debts to state or local governments
  2. Failing to comply with 282—Chapter 10 concerning child support obligations
  3. Failing to comply with a board order

25.3(8) Standard VIII—incompetence. Violation of this standard includes, but is not limited to:

  1. Willfully or repeatedly departing from or failing to conform to the minimum standards of acceptable and prevailing educational practice in the state of Iowa.
  2. Willfully or repeatedly failing to practice with reasonable skill and safety

405 LICENSED EMPLOYEES - GENERAL

405.1 LICENSED EMPLOYEE DEFINED

Licensed employees, including administrators, are those employees required to hold an appropriate license from the Iowa Department of Education for the position as required by the Board of Educational Examiners or others with professional licenses. Licenses required for a position will be considered met if the employee meets the requirements established by the Iowa Department of Education.

It shall be the responsibility of the superintendent to establish job specifications and jobs descriptions for licensed employees' positions, other than the position of the superintendent. Job descriptions may be approved by the board.

Licensed employees must present evidence of current license to the board Secretary prior to payment of salary each year.

 

 

Approved: 6/12/1995

Reviewed: 12/10/1998; 02/14/2008; 10/12/11; 12/14/16

 Revised:

405.2 LICENSED EMPLOYEE QUALIFICATIONS, RECRUITMENT, SELECTION

Persons interested in a licensed position, other than administrative positions which will be employed in accordance with board policies in Series 300, "Administration," will have an opportunity to apply and qualify for licensed positions in the school district without regard to age, race, creed, color, sex, national origin, religion, sexual orientation, gender identity or disability. Job applicants for licensed positions will be considered on the basis of the following:

  • Training, experience, and skill;
  • Nature of the occupation;
  • Demonstrated competence; and
  • Possession of, or ability to, obtain a state license, if required for the position.

All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system. Additional announcement of the position is in a manner which the superintendent believes will inform potential applicants about the position. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who will be directly supervising and overseeing the person being hired.

The board will employ licensed employees after receiving a recommendation from the superintendent. However, the superintendent will have the authority to employ a licensed employee on a temporary basis until a recommendation can be made and action can be taken by the board on the position.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding qualifications, recruitment and selections of such employees is followed.

 

Approved: June 6, 1995

Reviewed: August 16, 2001; 02/14/2008; 10/12/11; 12/14/16

Revised: August 16, 2001; September 21, 2006; August 16, 2007, January 13, 2016

 

405.3 LICENSED EMPLOYEE INDIVIDUAL CONTRACTS

The board will enter into a written contract with licensed employees, other than administrators, employed on a regular basis. Each contract will be for a period of one year.

It is the responsibility of the superintendent to complete the contracts for licensed employees and present them to the board for approval. The contracts, after being signed by the board president, are returned to the superintendent. The superintendent will obtain the employee's signature. After being signed, the contract is filed with the board secretary.

    

 

Legal Reference:  Harris v. Manning Independent School District of Manning, 245 Iowa 1295, 66 N.W.2d 438 (1954).

                             Shackelford v. District Township of Beaver, Polk County, 203 Iowa 243, 212 N.W. 467 (1927).

                              Burkhead v. Independent School District of Independence, 107 Iowa 29, 77 N.W. 491 (1898).

                               Iowa Code chs. 20; 279 (2013).

 

Cross Reference:  405.2 Licensed Employee Qualifications, Recruitment, Selection

                               405.4 Licensed Employee Continuing Contracts

                               407 Licensed Employee Termination of Employment

   

Approved:

Reviewed:

Revised:

405.4 LICENSED EMPLOYEE CONTINUING CONTRACTS

Contracts entered into with licensed employees, other than an administrator, will continue from year to year except as modified or terminated as provided by law. The board may issue temporary and nonrenewable contracts in accordance with law.

Licensed employees whose contracts will be recommended for termination by the board will receive due process as required by law. The superintendent will make a recommendation to the board for the termination of the licensed employee's contract.

Licensed employees who wish to resign, to be released from a contract, or to retire must comply with applicable law and board policies.

 

Legal Reference:  Ar-We-Va Community School District v. Long and Henkenius, 292 N.W.2d 402 (Iowa 1980).

                             Bruton v. Ames Community School District, 291 N.W.2d 351 (Iowa 1980).

                             Hartman v. Merged Area VI Community College, 270 N.W.2d 822 (Iowa 1978).

                             Keith v. Community School District of Wilton in the Counties of Cedar and Muscatine, 262 N.W.2d 249 (Iowa 1978).

                             Iowa Code §§ 272; 279.

 

Cross Reference:  405.3 Licensed Employee Individual Contracts

                               405.9 Licensed Employee Probationary Status

                               407 Licensed Employee Termination of Employment

   

Approved:

Reviewed:

Revised:

405.5 LICENSED EMPLOYEE WORK DAY

The workday for licensed employees shall begin each day of the school year at a time established by the superintendent. Licensed employees who are employed only during the academic year shall have the same workday as the licensed employees. "Day" is defined as one workday regardless of full-time or part-time status of an employee.

Licensed employees are to be in their assigned school building during the workday. Advance approval to be absent from the school building must be obtained from the principal whenever the licensed employees must leave the school building during the workday.

The building principal is authorized to make changes in the workday in order to facilitate the education program. These changes shall be reported to the superintendent.

The workday outlined in this policy is a minimum workday. Nothing in this policy prohibits licensed employees from working additional hours outside the workday.

The requirements stated in the Master Contract between employees in that certified collective-bargaining unit and the board regarding workday of such employees shall be followed.

 

Approved: 6/12/1995

Reviewed: 12/10/1998; 02/14/2008; 10/12/11; 12/14/16

 Revised:

405.6 LICENSED EMPLOYEE ASSIGNMENT

Determining the assignment of each licensed employee is the responsibility of and within the sole discretion of the board. In making such assignments the board shall consider the qualifications of each licensed employee and the needs of the school district.

It shall be the responsibility of the superintendent to make recommendations to the board regarding the assignment of licensed employees.

The requirements stated in the Master Contract between employees in that certified collective-bargaining unit and the board regarding assignment of such employees shall be followed.

 

Approved: 6/12/1995

Reviewed: 12/10/1998; 02/14/2008; 10/12/11; 12/14/16

Revised:

405.7 LICENSED EMPLOYEE TRANSFERS

Determining the location were an employee's assignment will be carried out is the responsibility and within the sole discretion of the board. In making such assignments the board shall consider the qualifications of each licensed employee and the needs of the school district.

A transfer may be initiated by the employee, the principal, or the superintendent.

It shall be the responsibility of the superintendent to make recommendations to the board regarding the transfer of licensed employees.

The requirements stated in the Master Contract between employees in that certified collective-bargaining unit and the board regarding transfers of employees shall be followed.

 

Approved: 6/12/1995

Reviewed: 12/10/1998; 02/14/2008; 10/12/11; 12/14/16

Revised:

405.8 LICENSED EMPLOYEE EVALUATION

Evaluation of licensed employees on their skills, abilities, and competence is an ongoing process supervised by the building principals and conducted by approved evaluators. The goal of the formal evaluation of licensed employees, other than administrators, but including extracurricular employees, is to improve the education program, to maintain licensed employees who meet or exceed the board's standards of performance, to clarify the licensed employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.

The formal evaluation criteria is in writing and approved by the board. The formal evaluation will provide an opportunity for the evaluator and the licensed employee to discuss performance and the future areas of growth. The formal evaluation is completed by the evaluator, signed by the licensed employee and filed in the licensed employee's personnel file. This policy supports, and does not preclude, the ongoing informal evaluation of the licensed employee's skills, abilities and competence.

Licensed employees will be required to:

  • Demonstrate the ability to enhance academic performance and support for and implementation of the school district's student achievement goals.
  • Demonstrate competency in content knowledge appropriate to the teaching position.
  • Demonstrate competency in planning and preparation for instruction.
  • Use strategies to deliver instruction that meets the multiple learning needs of students.
  • Use a variety of methods to monitor student learning.
  • Demonstrate competence in classroom management.
  • Engage in professional growth.
  • Fulfill professional responsibilities established by the school district.

It is the responsibility of the superintendent to ensure licensed employees are evaluated. New and probationary licensed employees are evaluated at least twice each year.

   

 

Legal Reference:  Iowa Code §§ 20.9; 279, 284, 294.

                             Aplington Community School District v. PERB, 392 N.W.2d 495 (Iowa 1986).

                             Saydel Education Association v. PERB, 333 N.W.2d 486 (Iowa 1983).

                             281 I.A.C. 83; 12.3

 

Cross Reference:  405.2 Licensed Employee Qualifications, Recruitment, Selection

                               405.9 Licensed Employee Probationary Status

   

Approved:

Reviewed:

Revised:

405.9 LICENSED EMPLOYEE PROBATIONARY STATUS

The first three consecutive years of a licensed employee's contract is a probationary period unless the employee has already successfully completed the probationary period in an Iowa school district. New employees who have successfully completed a probationary period in a previous Iowa school district will serve a two year probationary period. For purposes of this policy, an employee will have met the requirements for successfully completing a probationary period in another Iowa school district if, at the teacher's most recent performance evaluation, the teacher received at least a satisfactory or better evaluation and the individual has not engaged in conduct which would disqualify the teacher for a continuing contract.

Only the board, in its discretion, may waive the probationary period. The board may extend the probationary period for one additional year with the consent of the licensed employee. The board will make the decision to extend or waive a licensed employee's probationary status based upon the superintendent's recommendation. During this probationary period the board may terminate the licensed employee's contract at the end of the year without cause year or immediately discharge the employee consistent with applicable law and board policies.

 

Legal Reference:  Iowa Code § 279.

 

Cross Reference:  405.4 Licensed Employee Continuing Contracts

                               405.8 Licensed Employee Evaluation

  

 

 

Approved:

Reviewed:

Revised:

406 LICENSED EMPLOYEE COMPENSATION AND BENEFITS

406.1 LICENSED EMPLOYEE SALARY SCHEDULE

The Wapello Board of Directors shall establish salary schedules for licensed employees' positions keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other factors deemed relevant by the board.

It shall be the responsibility of the superintendent to make a recommendation to the board annually regarding the salary schedule. The salary schedule shall be subject to review and modification through the collective bargaining process.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding wages and salaries of such employees shall be followed.

 

Approved: 6/12/1995

Reviewed: 12/10/1998; 02/14/2008; 10/12/11; 1/11/17

Revised:

406.2 LICENSED EMPLOYEE SALARY SCHEDULE ADVANCEMENT

The Wapello Board of Directors shall determine which licensed employees will advance on the salary schedule for licensed employees' positions, keeping in mind the financial condition of the school district, the education and experience of licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

It shall be the responsibility of the superintendent to make a recommendation to the board for the advancement of licensed employees on the salary schedule.

The requirements stated in the Master Contract between employees in that certified collective-bargaining unit and the board regarding salary schedule advancement of such employees shall be followed.

 

Approved: 6/12/1995

Reviewed: 12/10/1998; 02/14/2008; 10/12/11; 1/11/17

Revised:

406.3 LICENSED EMPLOYEE CONTINUED EDUCATION CREDIT

Continued education on the part of licensed employees may entitle them to advancement on the salary schedule. Licensed employees who have completed additional hours will be considered for advancement on the salary schedule. The Wapello Education Association is the designated body to approve courses to allow horizontal movement on the certified staff salary schedule. The current criterion has been agreed to by the Board and the Association as follows:

  1. Courses required by the state for renewal.
  2. Courses required by a college or university for a degree in program.
  3. Courses related to the academic area currently being taught.
  4. Courses requested by the administration in order to teach in a new academic area.
  5. Courses in fields not recently studied - general education courses.
  6. Course taken must be graduate hours.
  7. Courses offered by the AEA .
  8. Only four hours can be taken per semester to move across the salary scale.

Licensed employees who wish to obtain additional education for advancement on the salary schedule must notify the superintendent anytime during the school year proceeding the actual year when advancement occurs.

The requirements stated in the Master Contract between licensed employees in a certified collective-bargaining unit and the board regarding continued education credit of such employees shall be followed.

 

Approved: 6/12/1995

Reviewed: 12/10/1998; 02/14/2008; 10/12/11

Revised: 3/14/1996; 1/11/17

406.4 LICENSED EMPLOYEE COMPENSATION FOR EXTRA DUTY

A licensed employee may volunteer or be required to take extra duty, with the extra duty being secondary to the major responsibility of the licensed employee. The board shall establish a salary schedule for extra duty licensed employee positions, keeping in mind the financial condition of the school district, the education and experience of the licensed employee, the educational philosophy of the school district, and other considerations as determined by the board.

Vacant extra duty positions, for which extra compensation will be earned, will be posted to allow qualified licensed employees to volunteer for the extra duty. If no licensed employee volunteers for extra duty, the superintendent shall assign extra duty positions to qualified licensed employees. The licensed employee shall receive compensation for the extra duty required to be performed.

It shall be the responsibility of the superintendent to make a recommendation to the board annually as to which licensed employees shall have the extra duty, and the salary schedule for extra duty, for the board's review.

The requirements stated in the Master Contract between employees in that certified collective-bargaining unit and the board regarding the compensation for extra duties of such employees shall be followed.

 

Approved: 6/12/1995

Reviewed: 12/10/1998; 02/14/2008; 10/12/11;1/11/17

Revised:

406.5 LICENSED EMPLOYEE GROUP INSURANCE BENEFITS

Code No. 406.5

 

LICENSED EMPLOYEE GROUP INSURANCE BENEFITS

 

Licensed employees may be eligible for group benefits as determined by the board and required by law.   The Wapello Board of Directors shall select a group insurance program and the insurance company or third party administrator which will provide or administer the program.

 

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value.  The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.

 

Licensed employees who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan.  Employers should maintain documents regarding eligible employee’s acceptance and rejection of coverage.

 

Regular part-time employees (i.e., employees who work less than 30 hours per week or 130 hours per month for health benefit purposes who wish to purchase coverage may participate in group benefit programs by meeting the requirements of the applicable plan.  Full-time and regular part-time licensed employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

 

Licensed employees and their spouse and dependents may be allowed to continue coverage of the school district's group health insurance program if they cease employment with the school district by meeting the requirements of the insurer.

 

The requirements stated in the Master Contract between employees in the certified collective-bargaining unit and the board regarding the group insurance benefits of such employees shall be followed.

 

Legal Reference:         Iowa Code 20.9; 85; 85B; 279.12; 509; 509A; 509B (2013).

Internal Revenue Code 4980HC(4); Treas. Reg. 54.4980H-1(a)(21)(ii). 

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54, and 301, 78 Fed. Reg. 217 (Jan 2, 2013)

Shared Responsibility for Employers Regarding Health Coverage, 26, CFR Parts 1, 54, and 301, 70 Fed. Reg. 8543 (Feb 12, 2014)

 

 

 

Approved: 6/12/1995

Reviewed: 12/10/1998; 02/14/2008; 10/12/11; 1/11/17

Revised: 3/14/1996; 3/11/2015

406.6 LICENSED EMPLOYEE TAX SHELTER PROGRAMS

The board authorizes the administration to make a payroll deduction for licensed employees' tax sheltered annuity premiums purchased from a company or program chosen by the board and collective bargaining units.

Licensed employees wishing to have payroll deductions for tax-sheltered annuities will make a written request to the superintendent.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the tax sheltered annuities of such employees will be followed.

 

Approved: 6/12/1995

Reviewed: 12/10/1998; 2/14/1998; 10/12/11; 1/11/17

 Revised: 2/12/2009

407 LICENSED EMPLOYEE TERMINATION OF EMPLOYMENT

407.1 LICENSED EMPLOYEE RESIGNATION

A licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the Wapello Board of Directors for return of the contract. This applies to regular contracts for the licensed employee's regular duties and for an extra-curricular contract for extra duty. Resignations of this nature will be accepted by the board.

Distribution of Final Pay

Upon leaving employment, final pay for contracted services will not be released until all terms of the contract have been fulfilled. Failure to fulfill the contract will result in a forfeiture of a pro-rated portion of the contracted amount.

The board may require an individual who has resigned from an extra-curricular contract to accept the resigned position for only the subsequent school year when the board has made a good-faith effort to find a replacement and the licensed employee is continuing to be employed by the school district.

 

Approved: 6/12/1995

Reviewed: 5/10/2001; 02/14/2008; 10/12/11; 2/8/17

Revised: 5/10/2001; 9/21/2006

407.2 LICENSED EMPLOYEE CONTRACT RELEASE

Licensed employees who wish to be released from an executed contract must give at least thirty days notice to the superintendent. Licensed employees may be released at the discretion of the board. Only in unusual and extreme circumstances will the board release a licensed employee from a contract. The board shall have sole discretion to determine what constitutes unusual and extreme circumstances.

Release from a contract shall be contingent upon finding a suitable replacement. Licensed employees requesting release from a contract after it has been signed and before it expires will be required to pay all board expenses incurred to locate and hire a suitable replacement. Upon written mutual agreement between the employee and the superintendent, the cost may be deducted from the employee's salary. Payment of these costs shall be a condition for release from the contract at the discretion of the board. Failure of the licensed employee to pay these expenses may result in a cause of action being filed in small claims court.

The superintendent is authorized to file a complaint with the Board of Educational Examiners against a licensed employee who leaves without proper release from the board.

 

Approved: 6/12/1995

Reviewed: 7/11/2001; 02/14/2008; 10/12/11; 2/8/17

Revised: 7/11/2001; 9/21/2006

407.3 LICENSED EMPLOYEE RETIREMENT

Licensed employees who will complete their current contract with the board may apply for retirement. No licensed employee will be required to retire at a specific age.

Application for retirement will be considered made when the licensed employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board, the intent of the employee to retire. The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent. Applications made after the date set by the board for the return of the employee's contract to the board may be considered by the board if special circumstances exist. It shall be within the discretion of the board to determine whether special circumstances exist.

Board action to approve a licensed employee's application for retirement shall be final and such action constitutes non-renewal of the employee's contract for the next school year.

Licensed employees who retire under this policy may qualify for retirement benefits through the Iowa Public Employees Retirement System.

Licensed employees and their spouse and dependents shall be allowed to continue coverage in the school district's group health insurance program at their own expense by meeting the requirements of the insurer.

 

Approved: 6/12/1995

Reviewed: 1/14/1999; 02/14/2008; 10/12/11

Revised: 2/13/1997

407.4 LICENSED EMPLOYEE SUSPENSION

Licensed employees shall perform their assigned job, respect and follow board policy, and obey the law. The superintendent is authorized to suspend a licensed employee pending board action on a discharge, for investigation of charges against the employee, and for disciplinary purposes. It shall be within the discretion of the superintendent to suspend a licensed employee with or without pay.

 

Approved: 6/12/1995

Reviewed: 1/14/1999; 02/14/2008; 10/12/11; 2/8/17

 Revised: 9/21 /2006

407.5 LICENSED EMPLOYEE REDUCTION IN FORCE

The board has the exclusive authority to determine the appropriate number of licensed employees. A reduction of licensed employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, and other reasons deemed relevant by the board.

The reduction in licensed employees, other than administrators, will be done through normal attrition if possible. If normal attrition does not meet the necessary reduction in force required, the board may terminate licensed employees.

It is the responsibility of the superintendent to make a recommendation for termination to the board.

Due process for terminations due to a reduction in force will be followed.

   

 

Legal Reference:Iowa Code §§ 20; 279

 

Cross Reference:  407.4 Licensed Employee Suspension

                               413.5 Classified Employee Reduction in Force

                               703 Budget

  

 

 

Approved:

Reviewed:

Revised:

408 LICENSED EMPLOYEE PROFESSIONAL GROWTH

408.1 LICENSED EMPLOYEE PROFESSIONAL DEVELOPMENT

The board encourages licensed employees to attend and participate in professional development activities to maintain, develop, and extend their skills. The board will maintain and support an in-service program for licensed employees.

Requests for attendance or participation in a development program, other than those development programs sponsored by the school district, is made to the superintendent. Approval of the superintendent must be obtained prior to attendance by a licensed employee in a professional development program when the attendance would result in the licensed employee being excused from their duties or when the school district pays the expenses for the program.

The superintendent will have sole discretion to allow or disallow licensed employees to attend or participate in the requested event. When making this determination, the superintendent will consider the value of the program for the licensed employee and the school district, the effect of the licensed employee's absence on the education program and school district operations and the school district's financial situation as well as other factors deemed relevant in the judgment of the superintendent. Requests that involve unusual expenses or overnight travel must also be approved by the board.

  

 

Legal Reference:  Iowa Code § 279.8.;281 I.A.C. 12.7; 83.6

 

Cross Reference:  414.9 Classified Employee Professional Purposes Leave

   

 

Approved:

Reviewed:

Revised:

408.2 LICENSED EMPLOYEE PUBLICATION OR CREATION OF MATERIALS

Materials created by licensed employees and the financial gain there from shall be the property of the school district if school materials and time were used in their creation and/or such materials were created in the scope of the licensed employee’s employment. The licensed employee must seek prior written approval of the superintendent concerning such activities.

 

Approved: 6-12-1995

Reviewed: 1-14-1999; 02/14/2008; 10/12/11; 3/8/17

Revised:

408.3 LICENSED EMPLOYEE TUTORING

Every effort will be made by the licensed employees to help students with learning problems before recommending that the parents engage a tutor. Since there are exceptional cases when tutoring will help students overcome learning deficiencies, tutoring by licensed employees may be approved by the superintendent.

Licensed employees may only tutor students other than those for whom the teacher is currently exercising teaching, administrative, or supervisory responsibility unless approved by the superintendent.

Tutoring for a fee shall not take place within school facilities or during regular school hours.

 

Approved: 6/12/1995

Reviewed: 1/14/1999; 02/14/2008; 10/12/11; 3/8/17

Revised: 9/21/2006

409 LICENSED EMPLOYEE VACATIONS AND LEAVES OF ABSENCE

409.1 LICENSED EMPLOYEE VACATION - HOLIDAYS - PERSONAL LEAVE

The Wapello Board of Directors shall determine the amount of vacation, holidays, and personal leave that will be allowed on an annual basis for licensed employees.

It shall be the responsibility of the superintendent to make a recommendation to the board annually on vacations, holidays, and personal leave for licensed employees.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the vacations, holidays, and personal leave of such employees shall be followed.

 

Approved: 6-12-1995

Reviewed: 2-16-1999; 02/14/2008; 10/12/11; 4/12/17

Revised:

 

409.2 LICENSED EMPLOYEE PERSONAL ILLNESS LEAVE

Licensed employees will be granted days of sick leave in accordance with the certified staff handbook.   "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.

Sick leave may be accumulated up to a maximum of 120 days for licensed employees.

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.

 

Legal Reference:  29 U.S.C. §§ 2601 et seq.; 29 C.F.R. § 825.; Iowa Code §§ 20; 85; 216; 279.40.

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

 

Cross Reference:  403.2 Employee Injury on the Job

                               409.3 Licensed Employee Family and Medical Leave

                               409.8 Licensed Employee Unpaid Leave

  

 

Approved:

Reviewed:

Revised:

409.3 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE

Unpaid family and medical leave will be granted up to twelve weeks per year to assist employees in balancing family and work life. For purposes of this policy, year is defined as fiscal year (July through June). Requests for family and medical leave shall be made to the superintendent.

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules. Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave. It shall be the responsibility of the superintendent to develop administrative rules to implement this policy.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding family and medical leave of such employees shall be followed.

 

Approved: 6/12/2006

Reviewed: 2/16/1999; 02/14/2008; 10/12/11; 4/12/17

Revised: 4/11/1996

409.3E1 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

Your Rights

Under The

Family and Medical Leave Act of 1993

 

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons.

Employees are eligible if they have worked for a covered


employer for it least one year. 0.nd for 1,2.50 bows over the prvious 12 months, and if there are at least 50 employees within 75 realm.

 

 

 

Reasons For Taking Leave:

Unpaid leave must be granted for any of the following      '

reasons:

·    to care for the employee's child after birth, or placement for adoption or foster care;

·    to care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or

·    for a serious health condition that makes the employee unable to perfo.7rn the employee's job.

At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.

Advance Notice and Medical

Certification:

The employee may be required to provide advance leave notice and medical certification, Taking of leave may be denied if requirements are not met.

*    The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable."

*    An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to return to work.

 

 

Job Benefits and Protection:

 

For the duration of.FMLA leave,. the ernploYer. MUSE maintain the employee's health•coVerage under any "group health plan."

·              Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

409.3E2 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

Date:

_________________ , request family and medical leave for the

following reason: (check all that apply)

for the birth of my child;

for the placement of a child for adoption or foster care; to care for my child who has a serious health condition; to care for my parent who has a serious health condition;

to care for my spouse who has a serious health condition; or because I am seriously ill and unable to perform the essential functions of my position.

I acknowledge my obligation to provide medical certification of my serious health condition or that of a family member in order to be eligible for family and medical leave within 15 days of the request for certification.

I acknowledge receipt of information regarding my obligations under the family and medical leave policy of the school district.

I request that my family and medical leave begin on _________________  and I

request leave as follows: (check one)

continuous

I anticipate that I will be able to return to work on                      •

intermittent leave for the:

birth of my child or adoption or foster cars placement subject to agreement by the district

serious health condition of myself, parent, or child when medically necessary

Details of the needed intermittent leave:

 

I anticipate returning 

reduced work schedule for the:

birth of my child or adoption or foster care placement subject to agreement by the school district

serious health condition of myself, parent, or child when medically necessary

Details of needed reduction in work schedule as follows:

 

I anticipate returning to work at my regular schedule on

I realize I may be moved to an alternative position during the period of the family and medical intermittent or reduced work schedule leave. I also realize that with foreseeable intermittent or reduced work schedule leave, subject to the requirements of my health care provider, I may be required to schedule the leave to minimize school district operations.

While on family and medical leave, I agree to pay my regular contributions to employer sponsored benefit plans. My contributions shall be deducted from moneys owed me during the leave period. If no monies are owed me, I shall reimburse the school district by personal check (cash) for my contributions. I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution.

I agree to reimburse the school district for any payment of my contributions with deductions from future monies owed to me or the school district may seek reimbursement of payments of my contributionS in court.

I acknowledge that the above information is true to the best of my knowledge.

Signed_________________________________________

Date

409.3E3 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM

1.       Employee's Name ________________________________________

2.       Patient's Name (if different from employee)

3.       The attached sheet describes what is meant by a "serious health condition" under the Family and Medical Leave Act. Does the patient's condition, for which the employee is taking FMLA leave, qualify under any of the categories described? If so, please check the applicable category.

(1)          (2)         (3)         (4)           (5)        (6)

or    None of the above

4.  Describe the medical facts which support your certification, including a brief statement as to how the medical facts meet the criteria of one of these categories:

5.  a. State the approximate date the condition commenced, and the probable duration of the condition (and also the probable duration of the patient's present incapacity, i.e. inability to work, attend school or perform other regular activities due to the serious health condition, treatment therefor, or recovery therefrom, if different):

b.    Vill it be necessary for the employee to take work only intermittently or to work on a less than full schedule as a result of the condition (including for treatment described in Item 6 below)?

If yes, give the probable duration:

c.    If the condition is a chronic condition (condition #4) or pregnancy, state whether the patient is presently incapacitated and the likely duration and frequency of episodes of incapacity:

 

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM

6. a. If additional treatments will be required for the condition, provide an estimate of the probable number of such treatments:

If the patient will be absent from work or other daily activities because of treatment on an intermittent or part-time basis, also provide an estimate of the probable number of and interval between such treatments, actual or estimated dates of treatment if known, and period required for recovery if any:

b.     If any of these treatments will be provided by another provider of health services (e.g., physical therapist), please state the nature of the treatments:

c.     If a regimen of continuing treatment by the patient is required under your supervision, provide a general description of such regimen (e.g. prescription drugs, physical therapy requiring special equipment):

7. a. If medical leave is required for the employee's absence from work because of the employee's own condition (including absences due to

pregnancy or a chronic condition), is the employee unable to perform work of any kind?

b. If able to perform some work, is the employee unable to perform any one or more of the essential functions of the employee's job (the employee unable to perform any one or more of the essential

functions of the employee's job (the employee or the employer should supply you with information about the essential job functions)?

If yes, please list the essential functions the employee is unable to perform.

 

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM

c. If neither a. nor b. applies, is it necessary for the employee to be absent from work for treatment?

8. a. If leave is required to care for a family member of the employee with a serious health condition, does the patient require assistance for basic medical or personal needs or safety, or for transportation?

b. If no, would the employee's presence to provide psychological comfort be beneficial to the patient or assist in the patient's recovery?

C. If the patient will need care only intermittently or on a part-time basis, please indicate the probable duration of this need:

Signature of Health Care Provider        Type of Practice

 


Address

Telephone Number

 

 

 

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM

To be completed by the employee needing family leave to care for a family member.

State the care you will provide and an estimate of the period during which care will be provided, including a schedule if leave is to be taken intermittently or it it will be necessary for you to work less than a full schedule:

(Employee Signature)                       (Date)

 

 

 

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE CERTIFICATION FORM

A serious health condition means an illness, injury-impairment, or physical or mental condition that involves one of the following:

1. Hospital Care - In patient care (i.e. an overnight stay) in a hospital, hospice, or residential medical care facility, including any

period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

2. Absence Plus Treatment - A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:

a.    treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider or by a provider of health care services (e.g. physical therapist) under the orders of, or on referral by, a health care provider; or

b.    treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

3. Pregnancy - Any period of incapacity due to pregnancy or for prenatal care.

4. Chronic Conditions Requiring Treatments - A chronic condition which:

a.    requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;

b.    continues over an extended period of time (including recurring episodes of a single underlying condition); and

c.    may cause episodic rather than a period of incapacity (e.g. asthma, diabetes, epilepsy, etc.).

5. Permanent/Long-term Conditions Requiring Supervision - A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by a health care provider. Examples include

Alzheimer's, a severe stroke, or the terminal stages of a disease.

6. Multiple Treatments (Non-chronic Conditions) - Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of

more than three consecutive calendar days in the absence of medical intervention or treatment such as cancer (chemotherapy), radiation, etc.), severe arthritis (physical therapy) and kidney disease (dialysis).

 

409.3E4 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST WORK SHEET

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST WORK SHEET

Complete this work sheet upon receiving a request for family and medical leave that may qualify under the Family Medical Leave Act. Be sure to note the requirements relating to family and medical leave in the school district's policy/collective bargaining agreement prior to relying on this work sheet as the sole source of the school district's obligations. Also be sure to note the definitions in Exhibit A-R2.

Section I; Eligible Employee. (Please check all that apply.)

Covered by a policy/collective bargaining agreement. (If checked, please move to Section II.)

The employee must meet all criteria below to move to Section II.

50 or more employees are on the payroll of or under contract to the school district.

Worked 52 weeks in the school district (consecutive or nonconsecutive). OR

Worked 12 months in the school district (consecutive or nonconsecutive).

Worked 1250 hours for the school district in 12 months prior to the request. Full-time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hours required.

Section II: Family and Medical Leave Purpose. (One must be checked to move to Section III.)

Birth and care of newborn prior to first anniversary of child's

-- birth.

Care of adopted child or foster care child prior to first anniversary of placement.

Care for serious health condition of spouse, child, child for which employee is "in loco parentis" and for any of these if they are over eighteen and have a disability which prevents the child from caring for himself or herself.

Requested medical certification for family and medical leave due to a serious health condition of the spouse, parent or child on __________ (date).

Received medical certification within 15 days of the request on (date).

 

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST WORK SHEET Serious health condition of the employee.

Requested medical certification for family and medical leave

due to a serious health condition of the employee on (date).

Received medical certification within 15 days of the request on
________ (date).

Other purposes contained in a policy/collective bargaining agreement. Section III: Timing of Family and Medical Leave Request.

Date of family and medical leave request ____________________ (date).

Date family and medical leave to begin_________

 

(date).

 

 

Provide FMLA leave information to employee at time of request (date).

(If one is checked, please move to Section IV.)

Leave request for foreseeable family and medical leave is 30 days prior to date family and medical leave begins.

Leave request for foreseeable family and medical leave is in compliance with policy/collective bargaining agreement.

Leave request for foreseeable family and medical leave was made as

soon as practicable, and no later than one. business day, prior to date family and medical leave begins.

Leave request for unforeseeable family and medical leave was made in accordance with the policy/collective bargaining agreement timelines.

Section IV: Calculation of Available Family and Medical Leave.

Beginning date for 12-month entitlement period: (Check the method adopted by the school district.)

_________ July 1 (fiscal year)

________ January 1 (calendar year)

_______  September 1 (school year)

_____ First day of forward 12-month entitlement period

______ First day of rolling backward 12-month entitlement period

_______ Collective bargaining agreement year

________ Other

 

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST WORK SHEET

Total family and medical leave for the 12-month entitlement period 12 weeks

Leave taken to date in the entitlement period

Leave available for the entitlement period

If sufficient family and medical leave is available and the employee qualifies for family and medical leave, the family and medical leave will be granted in accordance with the policy/collective bargaining agreement.

The employee must be informed that the actual family and medical leave taken will be credited to the employee's 12-week entitlement.

If both spouses are employed by the school district, they may only take a combined total of 12 weeks during the entitlement period for the birth, adoption or foster care placement prior to the first anniversary of the child's birth or placement and for the care of a parent with a serious health condition.

If insufficient family and medical leave is available, the school district may award only the family and medical leave available or award the family and medical leave in accordance with other provisions of the policy/collective bargaining agreement.

Section V: Types of Family and Medical Leave. (Please check all that apply.)

Continuous leave for purposes listed in Section II.

Intermittent leave for birth, adoption or foster care placement prior to first anniversary of child's birth or placement with school district approval in accordance with other-provisions of the policy/collective bargaining agreement.

11.■MM.

Reduced work schedule leave for birth, adoption or foster care placement prior to first anniversary of child's birth or placement with school district approval in accordance with other provisions of the policy/collective bargaining agreement.

Intermittent leave if medically necessary for serious health condition of employee or family member and arranged as much as possible to not disrupt the school district's operation.

Reduced work schedule leave if medically necessary for serious health condition of employee or family member and arranged as much as possible to not disrupt the school district's operation.

Others contained in a policy/collective bargaining agreement. (Please specify.)

 

 

     

 

 

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST WORK SHEET Section VI: Instructional Employee Intermittent or Reduced Schedule Leave.

____A policy/collective bargaining agreement extends this rule to non-instructional employees.

A policy/collective bargaining agreement eliminates this rule for instructional employees.

Instructional employees' intermittent or reduced schedule leave for greater than 20 percent of the work days in the family and medical leave period.

Total number of days during leave period

X     .20

20 percent of leave days Days of leave requested

If the number of days requested exceeds 20 percent of the family and medical leave days, the school district may require the instructional employee to take family and medical leave for the entire leave period OR transfer the instructional employee to an alternate position with equivalent pay and benefits. The employee must be informed that the actual family and medical leave taken will be credited to the employee's

,...- 12-week entitlement.

Section VII: Instructional Employees Family and Medical Leave Special Rules.

Instructional employee.

A policy/collective bargaining agreement extends one or all of these rules to noninstructional employees.

A policy/collective bargaining agreement eliminates one or all of these rules for instructional employees.

The school district can require the employee to remain on family and medical leave until end of the semester if each of the following -apply

Leave begins prior to five weeks before end of semester; Leave is for three weeks or more; and

Employee will return during last three weeks of semester.

Last work day of the semester

Date of fifth week before end of the semester Date of third week before end of the semester Date of requested leave

Length of requested leave

Date of return from leave

 

 

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST WORK SHEET

The school district can require employee to remain on family and

medical leave for leave other than an employee's serious health condition until end of semester if each of the following apply:-

Leave begins during last five weeks before end of semester; Leave is greater than two weeks; and

______  Employee will return during last two weeks of semester.

Last work day of the semester

Date of fifth week before end of the semester Date of second week before end of the semester

Date of requested leave. Length of requested leave Date of return from leave

The school district can require the employee to remain on family and medical leave for purpose other than an employee's serious health condition until the end of the semester if each of the following apply:

Leave begins during last three weeks before end of the semester; and

Leave is greater than five working days.

Last work day of the semester

Date of third week before end of the semester

Date of requested leave Length of requested leave

The employee must be informed that the actual family and medical leave taken under these rules will be credited to the employee's 12-week entitlement.

Section VIII: Paid or Unpaid Family and Medical Leave.

_______  Provide employee notice whether the family and medical leave is paid

or unpaid leave after completing the work sheet in accordance with the policy/collective bargaining agreement.

Policy/collective bargaining agreement allows substitution of paid leave for family and medical leave.

_____  Family and medical leave is unpaid leave.

Page 5 of 7

 

Code No. 409.3E4

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST WORK SHEET Section IX; Employee Progress Report.

Arrangements are made with the employee to report to the school district on a regular basis during the family and medical leave (please specify).

Requested medical recertification for family and medical leave due to

a serious health condition of the spouse, parent or child on
___________  (date).

Received medical recertification within 15.days of the request on
___________  (date).

Section X. Employee Benefits During Family and Medical Leave.

The employee's health insurance coverage must be continued during the

' period of family and medical leave. The school district may choose to continue other employee benefits to ensure their restoration along with the health insurance upon the employee's return to work. The employee will pay the employee's share of health insurance and other benefits during the leave period.

Arrangements have been made with the employee to continue the employee's share of health insurance premiums while on family and medical leave:

From monies due to the employee

By the first of each month from the employee Other (please specify)

Arrangements have been made with the employee to continue the employee's share of the employee's other benefits while on family and medical leave:

From monies due to the employee

By the first of each month from the employee Other (please specify)

The employee has chosen to discontinue all employee benefits while on family and medical leave.

 

wEio

Employees who fail to provide payment of the employee's share of benefits premium during the period of family and medical leave have 15 days following notice to pay the employee's share.

 

Employees who fail to pay within 15 days after receiving notice of payment due may have employee benefits discontinued.

 

Code No.  409.3E4

LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST WORK SHEET

The school district will deduct unpaid employee portion of benefits from monies due to the employee upon return to work, and the employee has signed a written statement authorizing the deduction.

The school district will seek recovery of unpaid employee portion of

benefits through small claims court or other appropriate recovery process.

Even if the employee chooses to discontinue employee benefits during the period of family and medical leave, the school district should exercise great care before discontinuing employee benefits. The school district is required to restore the employee to full benefits when the employee returns to work, including group health insurance, without any qualifying period, physical examination, exclusion of pre-existing conditions and other similar requirements.

The school district may discontinue the employee's benefits upon receipt of written notice of the employee's intent not to return to work.

Section XI: Key Employees.

Salaried employees among the highest paid ten percent of a school district's employees are considered key employees of the school district.

Year-to-date earnings for employee Total weeks of work and paid leave Highest pay for employee

Provide notice to key employees stating they are a key employee and

they may not be reinstated at end of the family and medical leave period if substantial and grievous economic injury exists.

Compile data to justify substantial and grievous economic injury. Substantial and grievous economic injury does not include minor inconvenience and costs typical to the normal operation of the school district.

The key employee is entitled to benefits during the family and medical leave in the same manner as other employees.

Section XII: Employee's Return to Work.

Employee is fully restored the same or an equivalent position with:

Pay and benefits Health insurance Life insurance

Other benefits or requirements in a policy/collective

bargaining agreement.

409.3R1 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATION

A.    School district notice.

1.   The school district will post the notice in Exhibit A-El regarding family and medical leave.

2.   Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually. The information will be in the employee handbook.

3.   When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements. Such information will include:

a.    a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement;

b.    a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so;

c.    an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and

d.    a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.

B.  Eligible employees. (choose one)

Option I:

Employees are eligible for family and medical leave if three criteria are met.

1.  The school district has more than 50 employees on the payroll at the time leave is requested;

2.  The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and

3. The employee has worked at least 1,250 hours within the previous year. Full-Lime professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

If the employee requesting leave is unable to meet the above criteria, then the employee is not eligible for family and medical leave.

C. Employee requesting leave -- two types of leave.

1. Foreseeable family and medical leave.

a.     Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.

b.     Employee must give at least thirty days notice for foreseeable leave. Failure to give the notice may result in the leave beginning thirty days after notice was received.

c.     Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district. The scheduling is subject to the approval of the health care provider.

d.     [Boards who adopt other requirements or additional collective bargaining provisions can add them here.]

2. Unforeseeable family and medical leave.

a.     Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.

b.     Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.

c.     A spouse or family member may give the notice if the employee is unable to personally give notice.

D. Eligible family and medical leave determination. The school district may require the employee, giving notice of the need for leave, to provide reasonable documentation or a statement of family relationship.

1. Four purposes.

a.     The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;

b.     The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;

c.     To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition; or

d.     Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.

2. Medical certification.

a. When required:

(1)  Employees [may/shall] be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job.

(2)  Employees [may/shall] be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.

b. Employee's medical certification responsibilities:

(1)  The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.

(2)  The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits. The second health care provider cannot, however, be employed by the school district on a regular basis.

(3) If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition. This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district. This certification or lack of certification is binding upon both the employee and the school district.

c. Medical certification will be required fifteen days after family and medical leave begins unless it is impracticable to do so. The school district may request recertification every thirty days. Recertification must be submitted within fifteen days of the school district's request.

Family and medical leave requested for the serious health condition of the employee or to care fora family member with a serious health condition which is not supported by medical certification shall be denied until such certification is provided.

E. Entitlement.

1.      Employees are entitled to twelve weeks unpaid family and medical leave per year.

2.      Year is defined as: Fiscal (July through June) .

3. If insufficient leave is available, the school district may:

a.    Deny the leave if entitlement is exhausted

b.    Award leave available

F. Type of Leave Requested.

1. Continuous - employee will not report to work for set number of days or weeks.

2. Intermittent - employee requests family and medical leave for separate periods of time.

a. Intermittent leave is available for;

(1)  Birth, adoption or foster care placement of child only with the school district's agreement.

(2)  Serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.

b. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.

c. During the-period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits. (For instructional employees, see G below.)

3. Reduced work schedule - employee requests a reduction in the employee's regular work schedule.

a. Reduced work schedule family and medical leave is available for

(1)  Birth, adoption or foster care placement and subject to the school district's agreement.

(2)  Serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.

b.    In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.

c.    During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits. (For instructional employees, see G below.)

G. Special Rules for Instructional Employees.

1. Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting. This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.

2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:

a.     Take leavle for the entire period or periods of the planned medical treatment; or

b.     Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.

3. Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester. The number of weeks remaining before the end of a semester do not include scheduled school breaks, such as summer, winter or spring break.

a.     If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee, would return to work during the last three weeks of the semester if the leave was not continued.

b.     If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.

c.     If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.

4. The entire period of leave taken under the special rules is credited as family and medical leave. The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.

H. Employee responsibilities while on family and medical leave.

1. Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.

2. The employee contribution payments will be deducted from any money owed to the employee or the employee shall reimburse the school district at a time set by the superintendent.

3.    An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled-if payment is not received within an additional 15 days.

4.    An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.

5.    The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.

6.    If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return. The school district will cease benefits upon receipt of this notification.

I. Use of paid leave for family and medical leave.

1.      An employee may substitute unpaid family and medical leave for the serious health condition of the employee with paid sick, vacation and personal leave. Upon the expiration of paid leave, the family and medical leave for the serious health condition of the employee shall be unpaid.

2.     An employee may substitute unpaid family and medical leave for the serious health condition of an employee's family member with paid sick, vacation and personal leave. Upon the expiration of paid leave, the family and medical leave for the serious health condition of an employee's family member shall be unpaid.

3.    An employee may substitute unpaid family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth with sick, vacation and personal leave. Upon the expiration of paid leave, the family and medical leave for the birth of a child of the employee and in order to care-for that child prior to the first anniversary of the child's birth shall be unpaid.

4.   An employee may substitute unpaid family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for that child prior to the first anniversary of the child's placement or adoption with sick, vacation and personal leave. Upon the expiration of paid leave, the family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for the child prior to the first anniversary of the child's placement or adoption shall be unpaid.

5.   When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.

 

Approved  June 12, 1995

Reviewed Feb 16, 1999 

RevisedApril 11, 1996

 

 

409.3R2 LICENSED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

gign2121ALLImLII2R-according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife. There is no time factor that needs to be met in order for there to be a common law marriage.

Continuing treatment-a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:

treatment two or more times by a health care provider, by a nurse or physicn's assistnt under direct supervision of a haalth care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or

treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a health care provider.

Any period of incapacity due to pregnancy or for prenatal care.

Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:

Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;

Continues over an extended period of time (including recurring episodes of a single underlying condition); and

May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc).

Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.

 

Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.) severe arthritis (physical therapy), kidney disease (dialysis).

Eligible Employee-the district has more than 50 employees on the payroll at the time leave is requested. The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.

Essential Functions of the Job-those functions which are fundamental to the performance of the job. It does not include marginal functions.

Employment benefits-all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."

Famil Member-individuals who meet the definition of son, daughter, spouse or parent.

Group_ health plan-any;plan of, or contributed to by, an employer (including a self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.

Health care provideK-

  • A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
  • Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and
  • Nurse practitioners and nurse-midwives who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts.
  • Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
  • A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

In loco_parentis-individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.

Incapable of self-care-that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or "ADLs." Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

Instructional employee-an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. The 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.

Intermittent leave-leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.

Medically Necessary-certification for medical necessity is the same as certification for serious health condition.

"Needed  to Care  For"-the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care. For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment. It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.

Parent-a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child. Parent does not include parent-in-law.

Physical or mental disability-a physical or mental impairment that substantially limits one or more of the major life activities of an individual.

Reduced leave schedule-a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

Serious health condition-an illness, injury, impairment, or physical or mental condition that involves:

. Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability

to work, attend school or perform other regular daily activities due to the serious health condition, treatment for a recovery from), or any subsequent treatment in connection with such inpatient care;

or

Continuing treatment by a health care provider. A serious health

condition involving continuing treatment by a health care provider includes:

A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for a recovery from) of more than three consecutive calendar days, including any subsequent treatment or

period of incapacity relating to the same condition, that also involves:

Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of

a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by,

a health care provider; or

Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

Any period of incapacity due to pregnancy or for prenatal care.

Any period of incapacity or treatment for such incapcaity due to a chronic serious health condition. A chronic serious health condition is one which:

Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;

Continues over an extended period of time (including recurring episodes of a single underlying condition); and

May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.

Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition. Treatment does not include routine physical examinations, eye examinations or dental examinations. Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen). A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistimines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.

Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop. Ordinarily, unless complications arise, the common cold, the flu, earaches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems,

periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify

for FMLA leave. Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.

Substance abuse may be a serious health condition if the conditions of this section are met. However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.

On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave. Absence attributable to incapacity under this definition qualify for

FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days. For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's

health care provider has advised the employee to stay home when the pollen count exceeds a certain level. An employee who is pregnant may be unable to repdrt to work because of severe morning sickness.

Son or daughter-a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis. The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.

Spouse-a husband or wife recognized by Iowa law including common law marriages.

 

Approved  June 12, 1995 Reviewed    Feb. 16, 1999 Revised  April 12, 1996

409.4 LICENSED EMPLOYEE BEREAVEMENT LEAVE

Bereavement leave will be granted according to the terms of the certified staff handbook.

It is within the discretion of the superintendent to determine the number of bereavement leave days to be granted.

  

 

Legal Reference:  Iowa Code §§ 279.8.

 

Cross Reference:  409 Licensed Employee Vacations and Leaves of Absence

  

 

Approved:

Reviewed:

Revised:

409.5 LICENSED EMPLOYEE POLITICAL LEAVE

The Wapello Board of Directors will provide a leave of absence to licensed employees to run for elective public office. The superintendent shall grant a licensed employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The licensed employee will be entitled to one period of leave to run for the elective public office, and the leave may commence within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent of schools at least thirty days prior to the starting date of the requested leave.

 

Approved: 6-12-1995

Reviewed: 2-16-1999; 02/14/2008; 10/12/11; 4/12/17

 Revised:

409.6 LICENSED EMPLOYEE JURY DUTY LEAVE

The board will allow licensed employees to be excused for jury duty unless extraordinary circumstances exist. The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service will notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district. The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.

Licensed employees will receive their regular salary. Any payment for jury duty will be paid to the school district.

  

 

Legal Reference:  Iowa Code §§ 20.9; 607A (2013).

 

Cross Reference:  409 Licensed Employee Vacations and Leaves of Absence

   

 

Approved:

Reviewed:

Revised:

409.7 LICENSED EMPLOYEE MILITARY SERVICE LEAVE

The Wapello Board of Directors recognizes licensed employees may be called to participate in the armed forces, including the National Guard. If a licensed employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.

The leave shall be without loss of status or efficiency rating and without loss of pay during the first thirty calendar days of the leave.

 

Approved: 6-12-1995

Reviewed: 2-16-1999; 02/14/2008; 10/12/11; 4/12/17

 Revised:

409.8 LICENSED EMPLOYEE UNPAID LEAVE

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies of the board. Unpaid leave for licensed employees must be authorized by the superintendent.

The superintendent will have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent will consider the effect of the employee's absence on the education program and school district operations, length of service, previous record of absence, the financial condition of the school district, the reason for the requested absence and other factors the superintendent believes are relevant to making this determination.

If unpaid leave is granted, the duration of the leave period will be coordinated with the scheduling of the education program whenever possible to minimize the disruption of the education program and school district operations.

Whenever possible, licensed employees will make a written request for unpaid leave prior to the beginning date of the requested leave. If the leave is granted, the deductions in salary are made unless they are waived specifically by the superintendent.

  

 

Legal Reference:  Iowa Code §§ 20; 85; 85A; 85B; 279.12; 509; 509A; 509B.

 

Cross Reference:  409 Licensed Employee Vacations and Leaves of Absence

   

 

Approved:

Reviewed:

Revised:

410 OTHER LICENSED EMPLOYEES

410.1 SUBSTITUTE TEACHERS

The Wapello Board of Directors recognizes the need for substitute teachers. Substitute teachers shall be licensed to teach in Iowa.

It shall be the responsibility of the building principal to maintain a list of substitute teachers who may be called upon to replace regular contract licensed employees. Individuals whose names do not appear on this list will not be employed as a substitute without specific approval of the superintendent. It shall be the responsibility of the building principal to fill absences with substitute teachers immediately.

Substitutes shall be paid 75% of the per diem salary rate at the B.A. + 0 rate of the current contract schedule. Substitutes employed for ten (10) or more consecutive days in the same position shall be paid on a per diem salary consistent with Step Zero (0) on the BA scale in the Master Contract, retroactive back to the first day.

 

Approved: 6-12-1995

Reviewed: 3-11-1999; 02/14/2008; 10/12/11; 5/3/17

 Revised: 7-11-1996; 11/08/2007

410.2 SUMMER SCHOOL LICENSED EMPLOYEES

It shall be within the discretion of the Wapello Board of Directors to offer an education program during the summer recess. Licensed employees who volunteer or who are appointed to deliver the summer education program shall be compensated in addition to their regular duties during the school academic year, unless such arrangements are made prior to determining the employee's compensation for the year.

Should the board determine a summer education program is necessary, licensed employees shall be given the opportunity to volunteer for the positions available. If the board determines a course must be offered and no licensed employee volunteers for the position, the board will make the necessary arrangements to fill the position. The board will consider applications from volunteers of current licensed employees in conjunction with other applications.

It shall be the responsibility of the superintendent to make a recommendation to the board regarding the need for and the delivery of the summer education program.

 

Approved: 6-12-1995

Reviewed: 3-11-1999; 02/14/2008; 10/12/11; 5/3/17

 Revised:

410.3 TRUANCY OFFICER

The Wapello Board of Directors shall appoint a licensed employee from each school building to serve as the building's truancy officer.

The principal shall notify the truancy officer when a student is truant. The truancy officer shall investigate the cause of a student's truancy and attempt to ensure the student's attendance. The truancy officer may take the student into custody. A student taken into custody shall be placed in the custody of the principal. The truancy officer shall attempt to contact the student's parents when the student is taken into custody.

 

 

Approved: 6-12-1995

Reviewed: 3-11-1999; 02/14/2008; 10/12/11; 5/3/17

 Revised:

410.4 EDUCATION ASSOCIATE

The Wapello Board of Directors may employ education aides or other instructional support personnel to assist licensed personnel in non-teaching duties, including, but not limited to:

  • managing and maintaining records, materials, and equipment;
  • attending to the physical needs of children; and
  • performing other limited services to support teaching duties when such duties are determined and directed by the teacher.

Education aides who hold a teaching certificate shall be compensated at the rate of pay established for their position as an education aide. It shall be the responsibility of the principal to supervise education aides.

 

Approved: 6-12-1995

Reviewed: 3-11-1999; 02/14/2008; 10/12/11; 5/3/17

 Revised:

411 CLASSIFIED EMPLOYEES - GENERAL

411.1 CLASSIFIED EMPLOYEE DEFINED

Classified employees are employees who are not administrators or employees in positions which require an Iowa Department of Education teaching license and who are employed to fulfill the duties listed on their job description on a monthly or hourly basis. Classified employees shall include, but not be limited to, teacher and classroom aides, custodial and maintenance employees, clerical employees, food service employees, bus drivers, and temporary help for summer or other maintenance. The position may be full-time or part-time.

It shall be the responsibility of the superintendent to establish job specifications and job descriptions for classified employee positions. Job descriptions may be approved by the board.

Classified employees required to hold a license for their position must present evidence of their current license to the board secretary prior to payment of wages each year.

 

Approved: 6-12-1995

Reviewed: 3-11-1999; 02/14/2008; 10/12/11; 6/14/17

 Revised:

411.2 CLASSIFIED EMPLOYEE - QUALIFICATIONS, RECRUITMENT, SELECTION

Persons interested in a classified employee position will have an opportunity to apply and qualify for classified employee positions in the school district without regard to age, race, creed, color, sex, national origin, religion, sexual orientation, gender identity or disability. Job applicants for classified employee positions will be considered on the basis of the following:

  • Training, experience, and skill;
  • Nature of the occupation;
  • Demonstrated competence; and
  • Possession of, or ability to obtain, state or other license or certificate, if required, for the position.

All job openings shall be submitted to the Iowa Department of Education for posting on TeachIowa, the online state job posting system.  Additional announcement of the position will be through means the superintendent believes will inform potential applicants about the position. Applications for employment may be obtained from and completed applications will be returned to the central administration office. Whenever possible, the preliminary screening of applicants will be conducted by the administrator who directly supervises and oversees the position.

The superintendent will recommend employment of classified employees to the board for approval.

 

Approved: June 12, 1995

Reviewed: March 11, 1999; 02/14/2008; 10/12/11

Revised: August 16, 2007; 6/14/17

411.3 CLASSIFIED EMPLOYEE CONTRACTS

The Wapello Board of Directors may enter into written contracts with classified employees employed on a regular basis. The contract will state the terms of employment.

Each contract shall include a thirty-day cancellation clause. Either the employee or the board must give notice of the intent to cancel the contract at the end of thirty days. This notice will not be required when the employee is terminated during a probationary period or for cause.

Classified employees shall receive a job description stating the specific performance responsibilities of their position.

It shall be the responsibility of the superintendent to draw up and process the classified employee contracts and present them to the board for approval. The contracts, after being signed by the board president, shall be filed with the board secretary.

 

Approved: 6-12-1995

Reviewed: 3-11-1999; 02/14/2008; 10/12/11; 6/14/17

 Revised:

411.4 CLASSIFIED EMPLOYEE LICENSING/CERTIFICATION

Classified employees who require a special license or other certification shall keep them current at their own expense. Licensing requirements needed for a position will be considered met if the employee meets the requirements established by law and by the Iowa Department of Education for the position.

 

Approved: 6-12-1995

Reviewed: 3-11-1999; 02/14/2008; 10/12/11; 6/14/17

 Revised:

411.5 CLASSIFIED EMPLOYEE ASSIGNMENT

Determining the assignment of each classified employee is the responsibility of the superintendent and within the sole discretion of the board. In making such assignments each year the superintendent shall consider the qualifications of each classified employee and the needs of the school district.

It shall be the responsibility of the superintendent to assign classified employees and report such assignments to the board.

 

Approved: 6-12-1995

Reviewed: 3-11-1999; 02/14/2008; 10/12/11; 6/14/17

 Revised:

411.6 CLASSIFIED EMPLOYEE TRANSFERS

Determining the location where a classified employee's assignment will be performed is the responsibility of the superintendent and within the sole discretion of the board. In making such assignments each year the superintendent shall consider the qualifications of each classified employee and the needs of the school district.

A transfer may be initiated by the employee, the principal, or the superintendent.

It shall be the responsibility of the superintendent to transfer classified employees and report such transfers to the board.

 

Approved: 6-12-1995

Reviewed: 3-11-1999; 02/14/2008; 10/12/11; 6/14/17

 Revised:

411.7 CLASSIFIED EMPLOYEE EVALUATION

Evaluation of classified employees on their skills, abilities, and competence shall be an ongoing process supervised by the superintendent. The goal of the formal evaluation of classified employees shall be to maintain classified employees who meet or exceed the board's standards of performance, to clarify each classified employee's role, to ascertain the areas in need of improvement, to clarify the immediate priorities of the board, and to develop a working relationship between the administrators and other employees.

It shall be the responsibility of the superintendent to ensure classified employees are formally evaluated annually. New and probationary classified employees shall be formally evaluated at least twice a year.

 

Approved: 6-12-1995

Reviewed: 3-11-1999; 02/14/2008; 10/12/11; 6/14/17

Revised:

412 CLASSIFIED EMPLOYEE COMPENSATION AND BENEFITS

412.1 CLASSIFIED EMPLOYEE COMPENSATION

The Wapello Board of Directors shall determine the compensation to be paid for the classified employees' positions, keeping in mind the education and experience of the classified employee, the educational philosophy of the school district, the financial condition of the school district, and any other considerations as deemed relevant by the board.

It shall be the responsibility of the superintendent to make a recommendation to the board annually regarding the compensation of classified employees.

 

Approved: 6-12-1995

Reviewed: 3-11-1999; 02/14/2008; 10/12/11; 7/12/17

Revised:

412.2 CLASSIFIED EMPLOYEE WAGE AND OVERTIME COMPENSATION

Each non-exempt employee compensated on an hour-by-hour basis, whether full-or part-time, permanent or temporary, will be paid no less than the prevailing minimum wage. Whenever a non-exempt employee must work more than forty hours in a given work week, the employee shall be compensated at one and one-half times their regular hourly wage rate. This compensation shall be in the form of overtime pay or compensatory time. Overtime will not be permitted without prior authorization of the superintendent.

Each non-exempt employee paid on an hour-by-hour basis must complete, sign, and turn in a daily time record showing the actual number of hours worked. Failure of the employee to maintain, or falsification of, a daily time record will be grounds for disciplinary action.

It is the responsibility of the board secretary to maintain wage records.

 

Approved: 6-12-1995

Reviewed: 4-8-1999; 02/14/2008; 10/12/11; 7/12/17

Revised:

412.3 CLASSIFIED EMPLOYEE GROUP INSURANCE BENEFITS

Code No. 412.3

 

CLASSIFIED EMPLOYEE GROUP INSURANCE BENEFITS

 

Classified employees may be eligible for group insurance benefits as determined by the Wapello Board of Directors and required by law. The board shall select the group benefit program and the insurance company or third party administrator  which will provide or administer  the program.

 

In accordance with the Patient Protection and Affordable Care Act (ACA), the board will offer classified employees, who work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, with minimum essential coverage that is both affordable and provides minimum value.  The board will have the authority and right to change or eliminate group benefit programs, other than the group health plan, for its licensed employees.

 

Classified employees,w ho work an average of at least thirty (30) hours per week or one hundred thirty (130) hours per month, based on the measurement method adopted by the board, are eligible to participate in the group health plan.  Employers should maintain documents regarding eligible employee’s acceptance and rejection of coverage.

 

Regular-part-time classified employees (i.e., employees who work less than 30 hours per week or 130 hours per month for health benefit purposes who wish to purchase coverage may participate in group benefit programs by  meeting the requirements of the applicable plan.  Full-time and regular part-time classified employees who wish to purchase coverage for their spouse or dependents may do so by meeting the requirements of the applicable plan.

 

This policy statement does not guarantee a certain level of benefits. The board shall have the authority and right to change or eliminate group insurance programs for its classified employees.

 

Legal Reference:         Iowa Code 20.9; 85; 85B; 279.12; 509; 509A; 509B (2013).

Internal Revenue Code 4980HC(4); Treas. Reg. 54.4980H-1(a)(21)(ii). 

Shared Responsibility for Employers Regarding Health Coverage, 26 CFR Parts 1, 54, and 301, 78 Fed. Reg. 217 (Jan 2, 2013)

Shared Responsibility for Employers Regarding Health Coverage, 26, CFR Parts 1, 54, and 301, 70 Fed. Reg. 8543 (Feb 12, 2014)

 

Approved: 6-12-1995

Reviewed: 4-8-1999; 02/14/2008; 10/12/11; 7/12/117

Revised: 3/11/2015

412.4 CLASSIFIED EMPLOYEE TAX SHELTER PROGRAMS

The board authorizes the administration to make a payroll deduction for classified employees' tax sheltered annuity premiums purchased from a company or program chosen by the board.

Classified employees wishing to have payroll deductions for tax-sheltered annuities will make a written request to the superintendent.

 

Approved: 6/12/1995

Reviewed: 4/8/1999; 2/14/2008; 10/12/11

Revised: 2/12/2009; 7/12/17

413 CLASSIFIED EMPLOYEE TERMINATION OF EMPLOYMENT

413.1 CLASSIFIED EMPLOYEE RESIGNATION

Classified employees who wish to resign during the school year shall give the board notice of their intent to resign and final date of employment and cancel their contract thirty days prior to their last working day.

Notice of the intent to resign shall be in writing to the superintendent.

 

Approved: 6-12-1995

Reviewed: 5-13-1999; 02/14/2008; 10/12/11; 8/22/2017

Revised:

413.2 CLASSIFIED EMPLOYEE RETIREMENT

Classified employees who will complete their current contract with the Wapello Board of Directors may apply for retirement. No classified employee will be required to retire at any specific age.

Application for retirement will be considered made when the classified employee states in writing to the superintendent, no later than the date set by the board for the return of the employee's contract to the board if applicable, the employee's intent to retire. The letter must state the employee's desire to retire and be witnessed by another party other than the principal or the superintendent.

Board action to approve a classified employee's application for retirement shall be final, and such action constitutes termination of the employee's contract effective the day of the employee's retirement.

Classified employees and their spouse and dependents who have group insurance coverage through the school district may be allowed to continue coverage of the school district's group health insurance program, at their own expense, by meeting the requirements of the insurer.

 

Approved: 6-12-1995

Reviewed: 5-13-1999; 02/14/2008; 10/12/11; 8/22/2017

Revised:

413.3 CLASSIFIED EMPLOYEE SUSPENSION

Classified employees shall perform their assigned job, respect and follow board policy, and obey the law. The superintendent is authorized to suspend a classified employee with or without pay pending board action on a discharge or during investigation of charges against the employee or for disciplinary purposes. It shall be within the discretion of the superintendent to suspend a classified employee with or without pay.

 

Approved: 6/12/1995

Reviewed: 5/13/1999; 02/14/2008; 10/12/11; 8/22/2017

Revised: 9/21 /2006

413.4 CLASSIFIED EMPLOYEE DISMISSAL

The Wapello Board of Directors believes classified employees should perform their jobs, respect board policy, and obey the law. A classified employee may be dismissed upon thirty days notice or immediately for cause. Due process procedures shall be followed.

It shall be the responsibility of the superintendent to make a recommendation for dismissal to the board. A classified employee may be dismissed for any reason, including, but not limited to, incompetence, willful neglect of duty, reduction in force, willful violation of board policy or administrative regulations, or a violation of the law.

 

Approved: 6-12-1995

Reviewed: 5-13-1999; 02/14/2008; 10/12/11; 8/22/2017

 Revised:

413.5 CLASSIFIED EMPLOYEE REDUCTION IN FORCE

It is the exclusive power of the board to determine when a reduction in classified employees is necessary. Employees who are terminated due to a reduction in force will be given thirty days notice. Due process will be followed for terminations due to a reduction in force.

It is the responsibility of the superintendent to make a recommendation for termination to the board. The superintendent will consider the relative qualifications, skills, ability and demonstrated performance through evaluation procedures in making the recommendations.

 

Legal Reference: Iowa Code §§ 20.7, .24 (2013).

 

Cross Reference:  407.5 Licensed Employee Reduction in Force

                               413.3 Classified Employee Suspension

                               413.4 Classified Employee Dismissal

                               703 Budget

  

Approved: _____

Reviewed: _____

Revised: _____

414 CLASSIFIED EMPLOYEE VACATIONS AND LEAVES OF ABSENCE

414.1 CLASSIFIED EMPLOYEE VACATIONS - HOLIDAYS - PERSONAL LEAVE

The Wapello Board of Directors shall determine the amount of vacation, holidays and personal leave that will be allowed on an annual basis for classified employees.

Classified employees who have worked one year, unless the classified employee's contract indicates otherwise, will receive ten days of vacation each year. Classified employees who have worked five continuous years will receive fifteen days of vacation each year. Classified employees who leave prior to the end of their contract will receive their pro rata share of vacation for the year.

The vacation may be taken any time during the school year when the vacation will not disrupt the school district operations. The employee must submit a vacation request to the superintendent, who shall be responsible for determining whether the request will disrupt the school district operation.

Full-time regular classified employees who work nine months or more, a year will be allowed a maximum of three days of personal leave to accomplish personal business that cannot be conducted outside the work day. The employee must, whenever possible, submit a personal leave request, stating the reason for the leave, five days prior to the leave day. This leave may be denied if it falls on the day before or the day after a holiday or vacation, it falls on a special day when services would be necessary, it would cause undue interruption to the education program or to a program demanding the employee's services to the department, or other reasons deemed relevant by the superintendent. It shall be within the discretion of the superintendent to grant personal leave.

Classified employees who work twelve months a year will be allowed eight paid holidays. The eight holidays shall be New Year's Day, President's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, Friday After Thanksgiving, and Christmas Day. Nine month classified employees, whether full-time or part-time, shall have all of the above paid holidays except for July 4th.

Classified employees will be paid only for the hours they would have been scheduled for the day. Vacation shall not be accrued from year to year without a prior arrangement with the superintendent.

All vacation days must be used within ninety days of the year in which they were earned.

It shall be the responsibility of the superintendent to make a recommendation to the board annually on vacation and personal leave for classified employees.

 

Approved: 6-12-1995

Reviewed: 7-8-1999; 02/14/2008; 10/12/11; 9/26/17

Revised: 6-13-1996

414.2 CLASSIFIED EMPLOYEE PERSONAL ILLNESS LEAVE

Classified employees shall be granted fifteen days of sick leave in their first year of employment. Each year thereafter, fifteen additional day of sick leave will be granted to the employees up to a accumulated maximum of one hundred twenty days. "Day" is defined as one work day regardless of full-time or part-time status of the employee. A new employee shall 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.

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 shall be 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 shall comply with board policy regarding family and medical leave.

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

 

Approved: 6-12-1995

Reviewed: 7-8-1999; 02/14/2008; 10/12/11; 9/26/17

Revised:

414.3 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE

Unpaid family and medical leave will be granted up to twelve weeks per year to assist employees in balancing family and work life. For purposes of this policy, year is defined as fiscal year (July through June). Requests for family and medical leave shall be made to the superintendent.

Employees may be allowed to substitute paid leave for unpaid family and medical leave by meeting the requirements set out in the family and medical leave administrative rules. Employees eligible for family and medical leave must comply with the family and medical leave administrative rules prior to starting family and medical leave. It shall be the responsibility of the superintendent to develop administrative rules to implement this policy.

 

Approved: 6/12/1995

Reviewed: 2/16/1999; 2/14/2008; 10/12/11;9/26/17

Revised: 4/11/1996

414.3E1 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE NOTICE TO EMPLOYEES

Your Rights

Under The

Family and Medical Leave Act of 1993

 

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family and medical reasons,

Employees arc eligible if they have worked for a covered
 

employer for at least one years, and if there are at least 50 employees within 75 miles.

 

 

 

Reasons For Taking Leave:

Unpaid leave must be granted for any of the following reasons:

·     to care for the employee's child after birth, or placement for adoption or foster care;

·     to care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or

·         for a serious health condition that makes the employee unable to perform the employee's job.

At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.

Advance Notice and Medical "

Certification:

The employee may be required to provide advance leave notice and medical certification. Taking of leave may be denied if requirements are not met.

·     The employee ordinarily must provide 30 days advance notice when the leave is "foreseeable."

·     An employer may require medical certification to support a request for leave because of a serious health condition, and may require second or third opinions (at the employer's expense).and a fitness for duty report to return to work.

Job. Benefits and Protection;

·     For the duration of FMLA leave, the employer must maintain the employee's health coverage under any "group health plan."

·         Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

·         The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.

Unlawful Acts By Employers:

FMLA makes it unlawful for any employer to

·     interfere with, restrain, or deny the exercise of any right provided under FMLA:

·     discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

Enforcement

6 The U.S. Department of Labor is authorized to investigate and resolve complaints of violations.

·     An eligible employee may bring a civil action against an employer for violations.

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

For Additional Information

Contact the nearest office of the Wage and Hour Division, listed In most telephone directories under U.S. Government, Department of Labor.

 

414.3E2 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM
Date;
1, ____________________ , request family and medical leave for the
following reason: (check all that apply)
for the birth of my child;
for the placement of a child for adoption or foster care; to care for my child who has a serious health condition;
to care for my parent who has a serious health condition;
to care for my spouse who has a serious health condition; or because I am seriously ill and unable to perform the essential functions of my position.
I acknowledge my obligation to provide medical certification of my serious health condition or that of a family member in order to be eligible for family and medical leave within 15 days of the request for certification.
I acknowledge receipt of information regarding my obligations under the family and medical leave policy of the school district.
I request that my family and medical leave begin on __________  and I
request leave as follows: (check one)
continuous
I anticipate that I will be able to return to work on
intermittent leave for the:
birth of my child or adoption or foster care placement subject to agreement by the district
serious health condition of myself, parent, or child when medically necessary
Details of the needed intermittent leave:
I anticipate returning to work at my regular schedule on
(Date)

CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST FORM reduced work schedule for the:
birth of my child or adoption or foster care placement subject to agreement by the school district
serious health condition of myself, parent, or child when medically necessary
Details of needed reduction in work schedule as follows:
anticipate returning to work at my regular schedule on
I realize I may be moved to an alternative position during the period of the family and medical intermittent or reduced work schedule leave. I also realize that with foreseeable intermittent or reduced work schedule leave, subject to the requirements of my health care provider, I may be required to schedule the leave to minimize school district operations.
While on family and medical leave, I agree to pay my regular contributions to employer sponsored benefit plans. My contributions shall be deducted from moneys owed me during the leave period. If no monies are owed me, I shall reimburse the school district by personal check (cash) for my contributions. I understand that I may be dropped from the employer-sponsored benefit plans for failure to pay my contribution.
I agree to reimburse the school district for any payment of my contributions with deductions from future monies owed to me or the school district may seek reimbursement of payments of my contributions in court.
I acknowledge that the above information is true to the best of my knowledge.
Signed Date

 

414.3R1 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE REGULATION

A.    School district notice.

1.   The school district will post the notice in Exhibit A-El regarding family and medical leave.

2.   Information on the Family and Medical Leave Act and the board policy on family and medical leave, including leave provisions and employee obligations will be provided annually. The information will be in the employee handbook.

3.   When an employee requests family and medical leave, the school district will provide the employee with information listing the employee's obligations and requirements. Such information will include:

a.    a statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee's annual 12-week entitlement;

b.    a reminder that employees requesting family and medical leave for their serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so;

c.    an explanation of the employee's right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution; and

d.    a statement notifying employees that they must pay and must make arrangements for paying any premium or other payments to maintain health or other benefits.

B.  Eligible employees. (choose one)

Option I:

Employees are eligible for family and medical leave if three criteria are met.

1.  The school district has more than 50 employees on the payroll at the time leave is requested;

2.  The employee has worked for the school district for at least twelve months or 52 weeks (the months and weeks need not be consecutive); and

3. The employee has worked at least 1,250 hours within the previous year. Full-Lime professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

If the employee requesting leave is unable to meet the above criteria, then the employee is not eligible for family and medical leave.

C. Employee requesting leave -- two types of leave.

1. Foreseeable family and medical leave.

a.     Definition - leave is foreseeable for the birth or placement of an adopted or foster child with the employee or for planned medical treatment.

b.     Employee must give at least thirty days notice for foreseeable leave. Failure to give the notice may result in the leave beginning thirty days after notice was received.

c.     Employees must consult with the school district prior to scheduling planned medical treatment leave to minimize disruption to the school district. The scheduling is subject to the approval of the health care provider.

d.     [Boards who adopt other requirements or additional collective bargaining provisions can add them here.]

2. Unforeseeable family and medical leave.

a.     Definition - leave is unforeseeable in such situations as emergency medical treatment or premature birth.

b.     Employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.

c.     A spouse or family member may give the notice if the employee is unable to personally give notice.

D. Eligible family and medical leave determination. The school district may require the employee, giving notice of the need for leave, to provide reasonable documentation or a statement of family relationship.

1. Four purposes.

a.     The birth of a son or daughter of the employee and in order to care for that son or daughter prior to the first anniversary of the child's birth;

b.     The placement of a son or daughter with the employee for adoption or foster care and in order to care for that son or daughter prior to the first anniversary of the child's placement;

c.     To care for the spouse, son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition; or

d.     Employee's serious health condition that makes the employee unable to perform the essential functions of the employee's position.

2. Medical certification.

a. When required:

(1)  Employees [may/shall] be required to present medical certification of the employee's serious health condition and inability to perform the essential functions of the job.

(2)  Employees [may/shall] be required to present medical certification of the family member's serious health condition and that it is medically necessary for the employee to take leave to care for the family member.

b. Employee's medical certification responsibilities:

(1)  The employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.

(2)  The school district may require the employee to obtain a second certification by a health care provider chosen by and paid for by the school district if the school district has reason to doubt the validity of the certification an employee submits. The second health care provider cannot, however, be employed by the school district on a regular basis.

(3) If the second health care provider disagrees with the first health care provider, then the school district may require a third health care provider to certify the serious health condition. This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district. This certification or lack of certification is binding upon both the employee and the school district.

c. Medical certification will be required fifteen days after family and medical leave begins unless it is impracticable to do so. The school district may request recertification every thirty days. Recertification must be submitted within fifteen days of the school district's request.

Family and medical leave requested for the serious health condition of the employee or to care fora family member with a serious health condition which is not supported by medical certification shall be denied until such certification is provided.

E. Entitlement.

1.      Employees are entitled to twelve weeks unpaid family and medical leave per year.

2.      Year is defined as: Fiscal (July through June) .

3. If insufficient leave is available, the school district may:

a.    Deny the leave if entitlement is exhausted

b.    Award leave available

F. Type of Leave Requested.

1. Continuous - employee will not report to work for set number of days or weeks.

2. Intermittent - employee requests family and medical leave for separate periods of time.

a. Intermittent leave is available for;

(1)  Birth, adoption or foster care placement of child only with the school district's agreement.

(2)  Serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.

b. In the case of foreseeable intermittent leave, the employee must schedule the leave to minimize disruption to the school district operation.

c. During the-period of foreseeable intermittent leave, the school district may move the employee to an alternative position with equivalent pay and benefits. (For instructional employees, see G below.)

3. Reduced work schedule - employee requests a reduction in the employee's regular work schedule.

a. Reduced work schedule family and medical leave is available for

(1)  Birth, adoption or foster care placement and subject to the school district's agreement.

(2)  Serious health condition of the employee, spouse, parent, or child when medically necessary without the school district's agreement.

b.    In the case of foreseeable reduced work schedule leave, the employee must schedule the leave to minimize disruption to the school district operation.

c.    During the period of foreseeable reduced work schedule leave, the school district may move the employee to an alternative position with equivalent pay and benefits. (For instructional employees, see G below.)

G. Special Rules for Instructional Employees.

1. Definition - an instructional employee is one whose principal function is to teach and instruct students in a class, a small group or an individual setting. This includes, but is not limited to, teachers, coaches, driver's education instructors and special education assistants.

2. Instructional employees who request foreseeable medically necessary intermittent or reduced work schedule family and medical leave greater than twenty percent of the work days in the leave period may be required to:

a.     Take leavle for the entire period or periods of the planned medical treatment; or

b.     Move to an available alternative position, with equivalent pay and benefits, but not necessarily equivalent duties, for which the employee is qualified.

3. Instructional employees who request continuous family and medical leave near the end of a semester may be required to extend the family and medical leave through the end of the semester. The number of weeks remaining before the end of a semester do not include scheduled school breaks, such as summer, winter or spring break.

a.     If an instructional employee begins family and medical leave for any purpose more than five weeks before the end of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last at least three weeks and the employee, would return to work during the last three weeks of the semester if the leave was not continued.

b.     If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last five weeks of a semester, the school district may require that the leave be continued until the end of the semester if the leave will last more than two weeks and the employee would return to work during the last two weeks of the semester.

c.     If the employee begins family and medical leave for a purpose other than the employee's own serious health condition during the last three weeks of the semester and the leave will last more than five working days, the school district may require the employee to continue taking leave until the end of the semester.

4. The entire period of leave taken under the special rules is credited as family and medical leave. The school district will continue to fulfill the school district's family and medical leave responsibilities and obligations, including the obligation to continue the employee's health insurance and other benefits, if an instructional employee's family and medical leave entitlement ends before the involuntary leave period expires.

H. Employee responsibilities while on family and medical leave.

1. Employee must continue to pay health care benefit contributions or other benefit contributions regularly paid by the employee unless employee elects not to continue the benefits.

2. The employee contribution payments will be deducted from any money owed to the employee or the employee shall reimburse the school district at a time set by the superintendent.

3.    An employee who fails to make the health care contribution payments within thirty days after they are due will be notified that their coverage may be canceled-if payment is not received within an additional 15 days.

4.    An employee may be asked to re-certify the medical necessity of family and medical leave for the serious medical condition of an employee or family member once every thirty days and return the certification within fifteen days of the request.

5.    The employee must notify the school district of the employee's intent to return to work at least once each month during their leave and at least two weeks prior to the conclusion of the family and medical leave.

6.    If an employee intends not to return to work, the employee must immediately notify the school district, in writing, of the employee's intent not to return. The school district will cease benefits upon receipt of this notification.

I. Use of paid leave for family and medical leave.

1.      An employee may substitute unpaid family and medical leave for the serious health condition of the employee with paid sick, vacation and personal leave. Upon the expiration of paid leave, the family and medical leave for the serious health condition of the employee shall be unpaid.

2.     An employee may substitute unpaid family and medical leave for the serious health condition of an employee's family member with paid sick, vacation and personal leave. Upon the expiration of paid leave, the family and medical leave for the serious health condition of an employee's family member shall be unpaid.

3.    An employee may substitute unpaid family and medical leave for the birth of a child of the employee and in order to care for that child prior to the first anniversary of the child's birth with sick, vacation and personal leave. Upon the expiration of paid leave, the family and medical leave for the birth of a child of the employee and in order to care-for that child prior to the first anniversary of the child's birth shall be unpaid.

4.   An employee may substitute unpaid family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for that child prior to the first anniversary of the child's placement or adoption with sick, vacation and personal leave. Upon the expiration of paid leave, the family and medical leave for the placement of a child with the employee for adoption or foster care and in order to care for the child prior to the first anniversary of the child's placement or adoption shall be unpaid.

5.   When the school district determines that paid leave is being taken for an FMLA reason, the school district will notify the employee within two business days that the paid leave will be counted as FMLA leave.

 

Approved  June 12, 1995

Reviewed July 8, 1999 Revised

April 11, 1996

 

414.3R2 CLASSIFIED EMPLOYEE FAMILY AND MEDICAL LEAVE DEFINITIONS

Common law marriage-according to Iowa law, common law marriages exist when there is a present intent by the two parties to be married, continuous cohabitation, and a public declaration that the parties are husband and wife. There is no time factor that needs to be met in order for there to be a common law marriage.

Continuing treatment-a serious health condition involving continuing treatment by a health care provider includes any one or more of the following:

A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for or recovery from) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:

treatment two or more times by a health care provider, by a nurse or physicn's assistnt under direct supervision of a haalth care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or in referral by, a health care provider; or

treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a health care provider.

Any period of incapacity due to pregnancy or for prenatal care.

Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:

Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;

Continues over an extended period of time (including recurring episodes of a single underlying condition); and

May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc).

Any period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.

 

Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.) severe arthritis (physical therapy), kidney disease (dialysis).

Eligible Employee-the district has more than 50 employees on the payroll at the time leave is requested. The employee has worked for the district for at least twelve months and has worked at least 1250 hours within the previous year.

Essential Functions of the Job-those functions which are fundamental to the performance of the job. It does not include marginal functions.

Employment benefits-all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an "employee benefit plan."

Famil Member-individuals who meet the definition of son, daughter, spouse or parent.

Group_ health plan-any;plan of, or contributed to by, an employer (including self-insured plan) to provide health care (directly or otherwise) to the employer's employees, former employees, or the families of such employees or former employees.

Health care provideK-

  • A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
  • Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X ray to exist) authorized to practice in the state and performing within the scope of their practice as defined under state law; and
  • Nurse practitioners and nurse-midwives who are authorized to practice under state law and who are performing within the scope of their practice as defined under state law; and Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts.
  • Any health care provider from whom an employer or a group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits;
  • A health care provider as defined above who practices in a country other than the United States who is licensed to practice in accordance with the laws and regulations of that country.

In loco parentis-individuals who had or have day-to-day responsibilities for the care and financial support of a child not their biological child or who had the responsibility for an employee when the employee was a child.

Incapable of self-care-that the individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or "ADLs." Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.

Instructional employee-an employee employed principally in an instructional capacity by an educational agency or school whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. The 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.

Intermittent leave-leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave or periods from an hour or more to several weeks.

Medically Necessary-certification for medical necessity is the same as certification for serious health condition.

"Needed  to Care  For"-the medical certification that an employee is "needed to care for" a family member encompasses both physical and psychological care. For example, where, because of a serious health condition, the family member is unable to care for his or her own basic medical, hygienic or nutritional needs or safety or is unable to transport himself or herself to medical treatment. It also includes situations where the employee may be needed to fill in for others who are caring for the family member or to make arrangements for changes in care.

Parent-a biological parent or an individual who stands in loco parentis to a child or stood in loco parentis to an employee when the employee was a child. Parent does not include parent-in-law.

Physical or mental disability-a physical or mental impairment that substantially limits one or more of the major life activities of an individual.

Reduced leave schedule-a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

Serious health condition-an illness, injury, impairment, or physical or mental condition that involves:

. Inpatient care (i.e. an overnight stay) in a hospital, hospice or residential medical care facility including any period of incapacity (for purposes of this section, defined to mean inability

to work, attend school or perform other regular daily activities due to the serious health condition, treatment for a recovery from), or any subsequent treatment in connection with such inpatient care;

or

Continuing treatment by a health care provider. A serious health

condition involving continuing treatment by a health care provider includes:

A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment for a recovery from) of more than three consecutive calendar days, including any subsequent treatment or

period of incapacity relating to the same condition, that also involves:

Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of

a health care provider, or by a provider of health care services (e.g., physical therapist) under orders or, or on referral by,

a health care provider; or

Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

Any period of incapacity due to pregnancy or for prenatal care.

Any period of incapacity or treatment for such incapcaity due to a chronic serious health condition. A chronic serious health condition is one which:

Requires periodic visits for treatment by a health care provider or by a nurse or physician's assistant under direct supervision of a health care provider;

Continues over an extended period of time (including recurring episodes of a single underlying condition); and

May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke or the terminal stages of a disease.

Any period of absence to receive multiple treatments (including any period of recovery from) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).

Treatment for purposes of this definition includes, but is not limited to, examinations to determine if a serious health condition exists and evaluation of the condition. Treatment does not include routine physical examinations, eye examinations or dental examinations. Under this definition, a regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen). A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistimines, or salves; or bed rest, drinking fluids, exercise and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.

Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop. Ordinarily, unless complications arise, the common cold, the flu, earaches, upset stomach, ulcers, headaches other than migraine, routine dental or orthodontia problems,

periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify

for FMLA leave. Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.

Substance abuse may be a serious health condition if the conditions of this section are met. However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care on referral by a health care provider.

On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave. Absence attributable to incapacity under this definition qualify for

FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days. For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's

health care provider has advised the employee to stay home when the pollen count exceeds a certain level. An employee who is pregnant may be unable to repdrt to work because of severe morning sickness.

Son or daughter-a biological child, adopted child, foster child, stepchild, legal ward, or a child of a person standing in loco parentis. The child must be under age 18 or, if over 18, incapable of self-care because of a mental or physical disability.

Spouse-a husband or wife recognized by Iowa law including common law marriages.

 

Approved  June 12, 1995 Reviewed    July 81999 Revised  April 12, 1996

414.4 CLASSIFIED EMPLOYEE BEREAVEMENT LEAVE

In the event of a death of a member of a classified employee's immediate family, bereavement leave may be granted. Bereavement leave granted may be for a maximum of five days, with "day" being defined as one work day regardless of full-time or part-time status of the employee, per occurrence, for the death of a member of the immediate family. The immediate family includes child, spouse, parent, grandparent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law and grandparent-in-law.

It shall be within the discretion of the superintendent to determine the number of bereavement leave days to be granted.

 

Approved: 6-12-1995

Reviewed: 7-8-1999; 02/14/2008; 10/12/11; 9/26/17

Revised:

414.5 CLASSIFIED EMPLOYEE POLITICAL LEAVE

The Wapello Board of Directors will provide a leave of absence to classified employees to run for elective public office. The superintendent shall grant a classified employee a leave of absence to campaign as a candidate for an elective public office as unpaid leave.

The classified employee will be entitled to one period of leave to run for the elective public office, and the leave may commence any time within thirty days of a contested primary, special, or general election and continue until the day following the election.

The request for leave must be in writing to the superintendent at least thirty days prior to the starting date of the requested leave.

 

Approved: 6-12-1995

Reviewed: 7-8-1999; 02/14/2008; 10/12/11; 9/26/17

Revised:

 

414.6 CLASSIFIED EMPLOYEE JURY DUTY LEAVE

The Wapello Board of Directors will allow classified employees to be excused for jury duty unless extraordinary circumstances exist. The superintendent has the discretion to determine when extraordinary circumstances exist.

Employees who are called for jury service shall notify the direct supervisor within twenty-four hours after notice of call to jury duty and suitable proof of jury service pay must be presented to the school district. The employee will report to work within one hour on any day when the employee is excused from jury duty during regular working hours.

Classified employees will receive their regular salary. Any payment for jury duty shall be turned over to the school district.

 

Approved: 6-12-1995

Reviewed: 7-8-1999; 02/14/2008; 10/12/11; 9/26/17

Revised:

414.7 CLASSIFIED EMPLOYEE MILITARY SERVICE LEAVE

The Wapello Board of Directors recognizes classified employees may be called to participate in the armed forces, including the National Guard. If a classified employee is called to serve in the armed forces, the employee shall have a leave of absence for military service until the military service is completed.

The leave shall be without loss of status or efficiency rating and without loss of pay during the first thirty calendar days of the leave.

 

Approved: 6-12-1995

Reviewed: 7-8-1999; 02/14/2008; 10/12/11; 9/26/17

Revised:

414.8 CLASSIFIED EMPLOYEE UNPAID LEAVE

Unpaid leave may be used to excuse an involuntary absence not provided for in other leave policies. Unpaid leave for classified employees must be authorized by the superintendent. Whenever possible, classified employees shall make a written request for unpaid leave ten days prior to the beginning date of the requested leave. If the leave is granted, the deductions in salary shall be made unless they are waived specifically by the superintendent.

The superintendent shall have complete discretion to grant or deny the requested unpaid leave. In making this determination, the superintendent shall consider the effect of the employee's absence on the education program and school district operations, the financial condition of the school district, length of service, previous record of absence, the reason for the requested absence and other factors the superintendent believes are relevant in making this determination.

If unpaid leave is granted, the duration of the leave period shall be coordinated with the scheduling of the education program whenever possible, to minimize the disruption of the education program and school district operations.

 

Approved: 6-12-1995

Reviewed: 7-8-1999; 02/14/2008; 10/12/11; 9/26/17

Revised:

414.9 CLASSIFIED EMPLOYEE PROFESSIONAL PURPOSES LEAVE

Professional purposes leave may be granted to classified employees for the purpose of attending meetings and conferences directly related to their assignments. Application for the leave must be presented to the superintendent five days prior to the meeting or conference.

It shall be within the discretion of the superintendent to grant professional purposes leave. The leave may be denied on the day before or after a vacation or holiday, on special days when services are needed, when it would cause undue interruption of the education program and school district operations, or for other reasons deemed relevant by the superintendent.

 

Approved: 6-12-1995

Reviewed: 7-8-1999; 02/14/2008; 10/12/11; 9/26/17

Revised: