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Employee Benefits

by Kathy Davidson

Section 125 Insurance

The Interlocal Board will provide the Section 125 Cafeteria plan for paraeducators.  Options will include Health Insurance, Group Term Life Insurance, Salary Protection Insurance, Cancer Insurance, Dental, Vision, Medical Reimbursement and Dependent Care.  The employee cannot change any options between October 1 and September 30, unless family status changes as follows:  marriage, divorce, death of a spouse or child, or discontinuance of employment.  The Interlocal Board retains the sole right to select all common carriers of all benefits.

Defined Insurance Benefit Program

Each full-time staff member who chooses to participate in the group health insurance plan shall have a portion of the monthly premium paid as approved by the Interlocal Board.  Employees working less than 20 hours per week are not eligible for the benefit.

Sick Leave

Sick leave for paraeducators will equal the hours worked per day times 10 days.  (EX: if an employee is scheduled to work 6.5 hours each days.  He/she would receive 65 hours of sick leave for the contract year). Any unused sick leave may be accumulated to a maximum of one hundred twenty (120) days, all or any part of which may be used in any given year for absences covered by this policy.

 Supplemental positions are not covered under sick leave.

Sick leave is defined as personal illness, doctor appointments or illness of a near relative.  A near relative is defined to mean the spouse, siblings, parents, grandparents, children and grandchildren of the employee.  This includes relationships established through marriage or adoption.  A school year for sick leave purposes is defined as that period of time included in each employee's work agreement when said employee is considered "on duty".

Sick Leave Pool

There is hereby established a pool of sick leave days for use by participating employees.  Said sick leave pool shall be used in the event of prolonged illness, or disability, and will be implemented as follows:

Eligibility

Employee will work one (1) school year and will donate one (1) day to the sick leave pool during the first contract year to begin eligibility.  (8-12-15)

 

Each eligible employee will contribute one day to the sick leave pool during any contract year; before using the sick leave pool, the employee shall have depleted his/her accumulated sick and personal leave; the pool may not be used to cover employees who are receiving pay from worker's compensation; no employee may draw more than 195 hours (30 contract days) from the pool during any school year (July 1 - June 30); benefits for children and spouse as defined will be limited to a maximum of 65 hours (10 days) per employee per year.any eligible employee who wishes to use the pool must complete the application form with a doctor's signature.  The application shall be presented to sick leave screening board which shall consist of:  the Director or his/her designee; the Clerk of the Board. Written notification of approval or other disposition of the application will be made by the Director to the applicant.

Family and Medical Leave Act (FMLA)

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:  for incapacity due to pregnancy, prenatal medical care or child birth: 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.

During FMLA leave, the employer must maintain the employee's health coverage under any "group health plan" on the same terms af if the employee had continued to work.  Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employe's leave.

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a heatlh care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qulified family member form participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapaity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition.  Other conditions may meet the definition of continuing treatment.

An employee does not need to use this leave entitlement in one block.  Leave can be taken intermittently or on a reduced leave schedule when medically necessary.  Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer's operations.  Leave due to qualifying exigencies may also be taken on an intermitten basis.

Employees may choose or employers may require use of accrued paid leave while taking FMLA leave.  In order to use paid leave for FMLA leave, employees must comply with the employer's normal paid leave policies.

Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable.  When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer's normal call-in procedures.

Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave.  Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily acitivties, the need for hospitalization or continuing treatment by a health care provider or circumstances supporting the need for military family leave.  Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified.  Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

Covered employers must inform employees requesting leave whether they are eligible under FMLA.  If they are, the notice must specify any additional information required as well as the employees' rights and responsibilities.  If they are not eligible, the employer must provide a reason for the ineligibility.

Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee's leave entitlement.  If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.

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.

An employee may file a complaint with the US Department of Labor or may bring a private lawsuite against an employer. 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.

FMLA section 109 (29 USC 2619) requires FMLA covered employers to post the text of this notice.  Regulations 29 FR 825.300(a) may require additional disclosures.

Military Family Leave Entitlements

Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in suport of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies.  Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligble employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period.  A covered servicemember is a current member of the Armed Force, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicement medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperaion, or therapy; or is in outpatient status; or is on the temporary disability retired list.

 

Catastrophic Leave

From time to time an employee may experience life events (illness, accident, natural disaster, etc.) that may cause him/her to be unable to complete the duties of their work.  Employees who experience these events and who use all their accrued sick leave, personal leave, and sick leave pool availability may apply to the Interlocal for catastrophic leave benefits.  Catastrophic Leave benefits will be limited to 390 hours (60 calendar days).  Application for these benefits shall be made in writing to the Director who shall present a recommendation to the Interlocal Board.  The Board may choose to approve or deny any application for catastrophic leave.

Extended Leave

Extended leave for a maximum of one year may be granted by the Board to employees who request such a leave.  This leave shall be requested by February 1 for leave during the following school year.  A request indicating the reason for a leave of absence shall be submitted to the Director who shall present it to the Board for consideration.  Leave may be requested for the following:  a new child by birth or adoption; other reasons approved by the board.  Leave periods less than one year, the leave may be granted at the option of the Board.

An employee on a leave of absence will be required to notify the Interlocal by February 1 of the intent to return the following year.  Failure to notify by this date will forfeit the right to return.

Extended leaves are without pay, however the employee may remain in the district's medical insurance group by a timely payment of premiums during the term of the leave. Returning employees will retain leave and salary placement accrued prior to the leave.  Employees returning to regular employment following a leave of absence will be placed in a position similar to the position vacated prior to the leave, but are not guaranteed a return to the same position.

Adoption Leave

Any regular, full time employee of the district may use a maximum of 19.5 hours (3 days) accumulated sick leave because of the adoption of a child.

Personal Leave

An employee shall be entitled to 13 hours (2 days) of leave time per year for personal business reasons provided the request has been approved in advance.  Personal business leave cannot be used the day before or after a scheduled vacation or holiday and only one employee leave per building per day is allowed unless approved by the supervising teacher.  Personal days not used by June 30 of the school year will be transferred to sick leave days.

Personal leave will be computed in hours per year.  The hours allowed will equal hours worked per day times 2.  (EX:  an employee is scheduled to work 6.5 hours each day.  He/she would receive 13 hours of personal leave.)

Transfer

Paraeducators may request to transfer to another open position by submitting a request in writing to the Interlocal.  Employees making a transfer request who match the skill and knowledge requirements of the position shall be given an interview.  Staff decisions will be based on education benefits.

 

 

 

Employee Benefits

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