Dyer County Board of Education

DYER COUNTYBOARD OF EDUCATION

EMPLOYEE HANDBOOK

AND

GUIDELINES

This handbook along with the Dyer County Board of Education Policies is designed to answer many of the questions which may arise in connection with your employment with the Dyer County School System. It sets forth general policies and guidelines only. The handbook addresses the base personnel policies required in the law and does not intend to set limits on allowable policies and procedures for employees. Neither the handbook, nor any of its individual terms, may be construed to create a contract of employment or any other legal obligation, expressed or implied, or to modify the employment-at-will relationship. If any individual policy in this handbook is not followed, or if a policy is determined to be illegal, it does not invalidate the remainder of the handbook.

The Dyer County Board of Education and/or the Director of Schools reserves the right to amend, revise, supplement, rescind, or otherwise alter, in whole or in part, at any time and without prior notice, any of the policies, benefits, or rules described in the Handbook. The Superintendent is authorized to use discretion in all personnel matters and make deviations from handbook policies as deemed necessary.

The Dyer County Board of Education is an equal opportunity employer. The Board does not discriminate against employees or job applicants on the basis of race, religion, creed, sex, age, national origin, disability, veteran status, or any other basis prohibited by law.

Any employee who feels he/she has been discriminated against should make the grievance known to their immediate supervisor. If no agreement can be attained, then the coordinator should be contacted. The coordinator for Title VI, Title IX, and Section 504 is Angela Harrington, Dyer County Board of Education, 159 Everett Avenue, Dyersburg, TN 38024 (731) 285-6712.

TABLE OF CONTENTS

SECTION I - LEAVE POLICIES

Sick Leave - Non-certified Personnel 1

Sick Leave - Certified Personnel 2

Vacation/Annual Leave 4

Family & Medical Leave 5

State Maternity Leave Law 9

Emergency Leave 9

Jury Duty 9

Court Appearances10

Voting Leave10

Personal and Professional Leave10

Long-Term Leaves of Absence11

Military Leave12

Legislative Leave12

Bereavement Leave13

SECTION II - ON THE JOB INJURY POLICY

On-the-Job Injury Policy14

SECTION III - WAGE AND HOUR POLICIES AND HIRING POLICIES

Workweek16

Overtime16

Compensatory Time16

Time Records17

Equal Opportunity Employment17

SECTION IV - ANTI-HARASSMENT POLICIES

Anti-Harassment Policy18

Complaints and Grievances19

SECTION V – FINGERPRINTING 20

SECTION VI – DESTRUCTION OF AND TAMPERING WITH 21

GOVERNMENTAL RECORDS

EMPLOYEE ACKNOWLEDGEMENT FORM22

COMPENSATORY TIME AGREEMENT NON-EXEMPT EMPLOYEES23

ATTACHMENTS

A. CERTIFICATION OF HEALTH CARE PROVIDER FORM WH-380

SECTION I

SICK LEAVE

Non-certified Positions

Employees will receive the normal pay during incapacity caused by illness if sick leave is taken. Sick leave is earned at the rate of one work day per month worked with the maximum accumulation of ninety (90) workdays. School year employees will accumulate a maximum of ten days yearly, employees working eleven calendar months will accumulate a maximum of eleven days yearly, and 12-month employees will accumulate a maximum of twelve days yearly. Part time employees will be allowed to accumulate sick leave days proportional to the amount of time worked. Sick leave will begin to accumulate immediately upon beginning employment. Sick leave will continue to accumulate as long as the employee is on pay status. Accumulated sick leave has no value except for the purpose granted. In the event of termination of employment, all unused sick leave shall be forfeited.

An employee may utilize sick leave allowance for absences due to his own illness or injury; for death of a member of employee’s immediate family, for medical, dental, or optical diagnosis or treatment; for necessary care and attendance of a member of the employee’s immediate family (husband, wife, parent, child, grandchild, brother, sister, mother-in-law, father-in-law, grandparent); or after exposure to contagious disease, when certified by a qualified doctor’s statement, that the employee may jeopardize the health of others.

Upon written request of the employee accompanied by a statement from her physician verifying pregnancy, any employee who goes on maternity leave shall be allowed to use all or a portion of her accumulated sick leave for maternity leave purposes during the period of her physical disability only, as determined by a physician. The time of physical disability after childbirth as determined by a physician is usually 6 weeks. Other information on maternity leave may be found in the sections entitled “Family and Medical Leave” and “State Maternity Leave Law”.

If an employee chooses to use accumulated sick leave for an on-the-job injury, the employee will not be eligible for compensation during the time of such paid sick leave under the County On-the-Job Injury Policy.

Employees are required to notify the place of employment as early as possible of their absence and to complete and sign the appropriate form immediately upon returning to work. An employee who claims sick leave may, at the discretion of their immediate supervisor or superintendent of schools, be required to furnish a certificate from a physician stating the nature of the sickness or injury. The Superintendent may require, at the expense of the system, a second opinion from a health care provider selected by the superintendent. The supervisor or superintendent may also require that said doctor’s statement include that the employee has been incapacitated for work for the period of his/her absence, and that his/her is again physically able to perform his/her duties.

Sick leave benefits will commence on the first day of such absence, at the request of the employee, and shall continue for as long as sick leave credit remains or as long as illness or injury requires, whichever is less. Each day deducted from an employee’s sick leave accumulation shall be for regular workdays and shall not be for holidays and scheduled off days. Employees who have used all of their accumulated sick leave will not receive financial compensation for additional days needed due to illness or injury. For any additional time needed, the employee should request leave in writing. If leave is granted the employee shall be considered on a leave without pay status unless the employee has accumulated vacation time or comp time, or unless the superintendent has determined that the employee is satisfying the requirements of his/her employment in some manner. The employee should make a request in writing if they wish to use remaining vacation or comp time.

Sick leave may be taken in multiples of not less than one-half days.

SICK LEAVE

Certified Positions

Definitions

(1) For the purpose of this policy the term “teacher” shall mean any person employed by a local board of education in a position which the superintendent determines requires a license issued by the State Department of Education. The term teacher shall also apply to the office of superintendent. The term “teacher” shall not apply to a substitute teacher.

(2) Sick Leave. Sick leave shall mean leave of absence because of illness of a teacher from natural causes or accident, quarantine, or illness or death of a member of the immediate family of a teacher, including the teacher’s wife or husband, parents, grandparents, children, grandchildren, brothers, sisters, mother-in-law, father-in-law, daughter-in-law, son-in-law, brother-in-law, and sister-in-law. (Min. Rules & Reg. 0520-1-2-.04)

Sick leave for teachers shall be in accordance with T.C.A. 49-5-710. In addition to the requirements of T.C.A. 49-5-710 (7), the superintendent may require, at the expense of the system, a second opinion from a health care provider selected by the superintendent.

T.C.A. 49-5-710 Sick leave - Accumulation and use. - (a)(1) The time allowed for sick leave within the meaning of this section for any teacher shall be one (1) day for each month employed plus any personal and professional leave transferred to sick leave. Sick leave shall be cumulative for all earned or transferred days not used.

(2) Upon written request of the teacher accompanied by a statement from the teacher’s physician verifying pregnancy, any teacher who goes on maternity leave shall be allowed to use all or a portion of the teacher’s accumulated sick leave for maternity leave purposes during the period of the teacher’s physical disability only, as determined by a physician. (usually 6 weeks) Upon verification by a written statement from an adoption agency or other entity handling an adoption, a teacher may also be allowed to use up to thirty (30) days of accumulated sick leave for adoption of a child. If both adoptive parents are teachers, only one (1) parent is entitled to leave under this subsection.

(3) When first employed in a system, a teacher shall be allowed an initial allotment of up to five (5) days of sick leave, but not exceeding the number the teacher could earn during the school year in which the teacher is first employed. If a teacher uses a part or all of this initial allotment, these days shall be charged to sick leave later accumulated by the same teacher.

(4) At the termination of the employment of any teacher, all unused sick leave accumulated by the teacher shall be terminated.

(5) However, a local board of education shall grant to any teacher, upon such teacher’s employment or reemployment, the accumulated sick leave which the teacher lost by previous termination of employment in a public school system of this state; except that a teacher terminated for cause, as defined in 49-5-501 shall not be granted, upon further employment, the sick leave days lost; and except that a teacher who breaks a contract with the board of education without a justifiable reason and without giving at least thirty (30) days’ advance notice shall be granted previously accumulated, unused leave only if the board whose employ the teacher left permits the teacher to resign in good standing under the terms of 49-5-508. This grant of previously accumulated, unused sick leave days shall be made only upon application of the teacher, and only upon written verification notarized by the superintendent of the system in which the accumulated sick leave was held. The grant of previously accumulated, unused sick leave days provided for under this subdivision shall be available to any teacher and state employee.

(6) Every local board of education shall keep a record of the accumulated sick leave for each eligible teacher in its employ and shall provide a verified copy to the teacher or other board of education for purposes of implementing this section.

(7) The local board of education may require that a physician’s certificate be furnished by the teacher in all cases deemed proper by the local board.

(8) In case of doubt, the local board of education shall have final authority as to who is entitled to leave under this section and the time for which the leave may be allowed.

(9) A teacher in need of sick leave shall be allowed to use unearned sick leave up the amount of days which such teacher may accumulate during the remainder of the school year in which the teacher is employed. Such advance use of sick leave shall be charged to sick leave accumulated in the same school year. Upon termination of the employment of such teacher before such days are earned or at the end of the school year, there shall be deducted from the final salary of such teacher an amount based on the teacher’s daily rate of pay sufficient to cover the excess sick leave days used by the teacher, and if such final salary is insufficient for this purpose, the teacher shall be liable for reimbursement of any amount in excess of the teacher’s final salary.

(b) Any person employed by any agency, office, department or institution of the state or any state college or university, and who participates in the sick leave program provided in title 8, chapter 50, part 8, who leaves such employment and within two (2) years becomes a teacher employed by any local board of education, shall be allowed to convert all accumulated state sick leave into sick leave under this section. Any person may waive such conversion by notice to the authority responsible for the person’s appointment. The previous employer shall certify to the new employer that the sick leave for which credit is being sought actually is accrued and due and is substantiated by records of the agency compiled during the course of such employment and not from records compiled solely for purposes of establishing leave credit. The conversion of sick leave under this subsection shall be available to any employee who has transferred employment for any herein named state agency to any local school system.

VACATION/ANNUAL LEAVE PAY

School Year Employees

Vacation/annual leave will be provided only in the form of monetary compensation for those employees who do not work 12 calendar months in any given year. Included in the annual salary of all employees who work less than 12 months will be compensation for one vacation/annual leave day for each month worked. The pay for these days will be calculated based upon the normal workday for each employee.

12 Month Employees

All 12 month employees are eligible for vacation/annual leave. Each employee shall accumulate one day’s vacation with pay for each month of continuous service. Employees shall begin accruing vacation time as of the date of their employment.

Vacation time may be accumulated and carried forward each month, but at no time will an employee be able to accumulate more than fifteen (15) days. Any days exceeding the 15 day limit will be lost. Vacation days accrued shall be based upon the normal workday for each employee.

Vacation leave may be used at time approved in advance by the superintendent or the employee’s immediate supervisor.

Upon termination of employment, the employee shall be entitled to payment for any unused vacation time which has accrued, up to the limit of fifteen days. Payment shall be made based upon the daily rate of compensation the employee receives as of the time of termination.

In addition to the vacation days accrued individually by each employee, the superintendent will, if possible, schedule a minimum of one additional week yearly that all offices of the Dyer County Board of Education will be closed with no effect on the annual compensation of any employee. These days will be scheduled at either Spring Break, Christmas, or at another time determined by the superintendent. If schools are in session during these times, making-up school days, it may be impractical for the superintendent to schedule this additional leave time. In this case there will be no other form of compensation made.

FAMILY & MEDICAL LEAVE

PURPOSE

To entitle employees to take leave for a serious health condition which makes the employee unable to perform his/her job, for the birth of a child, or for placement of a child for adoption or foster care, or for the care of a child, spouse, or parent who has a serious health condition. This policy shall apply only to leave requested under the Federal Family and Medical Leave Act of 1993.

SERIOUS HEALTH CONDITION DEFINED

A serious health condition means an illness, injury, impairment, or physical or mental condition that involves (1) in-patient care in a hospital, hospice, or residential medical care facility or any period of incapacity or subsequent treatment in connection with such in-patient care or (2) a period of continuing treatment by a healthcare provider. A period of continuing treatment means:

(A) an injury or illness that renders the employee unable to work or perform his/her normal daily routine for three calendar days and (I) involves treatment on two or more occasions by a health care provider, or (ii) involves at least one treatment by a healthcare provider which results in a regiment of continuing treatment; or

(B) any period of incapacity due to pregnancy or for prenatal care; or

(D) a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective where the employee or family member is placed under the continuing supervision of a healthcare provider; or

(E) any period of absence to receive multiple treatments by a healthcare provider either for restoration 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.

ELIGIBILITY

Anyone who has been employed for at least twelve (12) months by the System and who has at least 1,250 hours of service during the twelve month period immediately preceding the commencement of the leave.

GENERAL PRINCIPLES

1. Any eligible employee shall be granted, upon request, up to twelve (12) weeks unpaid leave (a) to fulfill family obligations relating directly to the birth of a child, or for placement of a child for adoption or foster care (except that any female requesting leave due to pregnancy and child birth shall be granted at least four (4) months leave); said maternity leave shall run concurrently with FMLA leave: (b) to care for a child, spouse, or parent who has a serious health condition or for the employee’s own serious health conditions.