|Morgan County Schools|
|Bylaws & Policies|
3430 - LEAVES OF ABSENCE
Professional personnel staff shall not be absent from their assigned duties except as authorized by the Superintendent or designated representative. Any such staff member who is willfully absent from duty without leave is subject to disciplinary action, up to and including termination of their contract of the contract of employment.
The immediate supervisor should be advised by the staff member seeking a leave of absence and the request for leave of absence should be made through the Superintendent. The Superintendent shall present the request for leave to the Board prior to the effective date of the leave.
Professional staff members on unpaid leave for reasons other than illness may apply to be substitutes within their classification category.
All professional staff staff should refer to the specific leave of absence policy for specific leave requirements.
Paid leaves of absence include:
|A.||personal leave with cause (Policy 3431);|
|B.||family medical leave (Policy 3430.01);|
|C.||jury duty (Policy 3235);|
|D.||court appearance as a witness but not as a defendant in any criminal proceeding (Policy 3236);|
|E.||worker's compensation pursuant to WV Code 18-A-4-10 (Policy 8442.01);|
|F.||military (Policy 3437);|
|G.||personal leave bank days (Policy 3432);|
|H.||donated leave days (Policy 3432.02);|
Unpaid leaves of absence include:
|A.||personal leave with cause not paid;|
|B.||FMLA leave (Policy 3430.01);|
|C.||parental leave (Policy 3430.03);|
|D.||extended leave (Policy 3430.04);|
|E.||legislative service (Policy 3124.02);|
|F.||military (Policy 3437);|
|H.||other short term leave of absence.|
An employee shall not be required to exhaust his/her accumulated paid leave prior to requesting an unpaid leave of absence. However, under certain circumstances provisions of law that provide for specific leaves of absence may have statutory requirements that must be followed by the County.
Any teacher who is returning from an approved leave of absence that extended for a period of one (1) year or less shall be reemployed by the County Board with the right to be restored to the same assignment or position or duties held prior to the approved leave of absence. Such teacher shall retain all seniority, rights and privileges which had accrued at the time of the approved leave of absence, and shall have all rights and privileges generally accorded teachers at the time of the reemployment. An employee who is on an approved leave of absence shall accrue seniority during the period of time that the employee is on the approved leave of absence.
Any employee who is on a medical leave of absence, approved by his/her employer is entitled to continue his/her insurance coverage until s/he returns to his/her employment. The employee and the employer shall continue to pay their proportionate share of premium costs for the coverage under the West Virginia Public Employees Insurance Agency program only for a period of one (1) year, if during the period of the leave of absence, the employee shall, at least once each month, submit to the employer the statement of a qualified physician certifying that the employee is unable to return to work. If the medical leave of absence extends beyond one (1) year, the employee may be required to pay the full cost of coverage for PEIA insurance and insurance coverage provided by the County Board. Any employee who is on a medical leave of absence approved by the employer and is receiving temporary total disability benefits from Workers’ Compensation is entitled to continue PEIA coverage until s/he returns to work. The employer and employee must continue to pay their respective proportional shares of the premium cost for as long as the employee receives temporary disability benefits. If an employee, who is not eligible to receive temporary total disability benefits under Workers’ Compensation, fails to pay his/her premium, the employer may terminate insurance coverage. If an employee who is eligible to receive such benefits under Workers’ Compensation fails to pay his/her premium payment, the Board shall notify such employee that the Board shall continue to make its share of the premium payment while such employee continues to be eligible for temporary total disability benefits but, that the insurance provider may terminate the policy coverage for lack of full premium payment.
An employee may continue insurance coverage while on a personal leave of absence approved by the Board. The monthly payments will be paid according to the policy or agreement established by the Board. An employee may continue insurance coverage during an approved family leave. An employee on an approved military leave with pay shall have his/her benefits continued as long as the employee is on the payroll. An employee who is on an approved military leave of absence without pay, due to an active call of duty from the President, is entitled to continue health and life benefit coverage for as long as premium payments are made. The employee is responsible for paying their employee share of the premium costs for each month during the military leave of absence.
The Superintendent shall develop procedures to implement leave provisions.
WV Code 5-16-24, 15-1F-1, 18A-2-2a, 18A-4-7b, 18A-5-3aRevised 4/4/17
© Neola 2011