Time off

How "Contract Days" work

Employees are contracted for a certain number of days per year according to their job description or the board-approved salary schedule for extended days.

The total number of days an individual works may vary from 180 to 240 days. These are all considered contracted days (part of an employee’s contract) and may be composed of instructional days, holidays, professional development days, backpack days, etc. These days are tied directly to the School Calendar but may include additional days.

Typically, there are 260 days (Monday through Friday) in a year. Most employees are contracted for 240 days or less. Therefore, all days greater than the contracted amount are considered non-contract days (i.e. 260 total days - 240 contracted days = 20 non-contract days.) This means they are not a part of your contract and you are not expected to work.

Many people think of non-contract days as vacation days. Non-contract days are similar to vacation days in that they are both days off. However, because they are not included in your contract, they aren’t actually paid days and therefore employees must take this number of days off during the year. Salaries in these types of positions are created in such a way to compensate for a full year, even though a full 260 days are not worked.

 

Number of Days

Full-time employees are entitled to three (3) days of personal leave with pay each school year.

Persons employed for less than a full-year contract receive a pro-rated part of the authorized personal leave days calculated to the nearest 1/2 day.

Persons employed on a full-year contract but scheduled for less than a full work day receive the authorized personal leave days equivalent to their normal working day.

Approval

The Superintendent or designee must approve the leave date, but no reasons shall be required for the leave.

Approval is contingent upon the availability of qualified substitute employees. Those employees making earliest application receive preference.

Personal Day Limitations

Unless otherwise approved by the Superintendent, personal leave can not be taken on the day before or after:

• fall break
• spring break
• a holiday
• the day of a professional development day
• during the testing window
• unscheduled day
• during the first or last two (2) weeks of the school year.

Accumulation

On June 30, personal leave days not taken during the current school year are transferred and credited to the employee's accumulated sick leave account for the purposes of retirement.

Number of Days

Full-time employees are entitled to days of sick leave with pay each school year as follows:

• 166-205 contract days 10 days
• 206-225 contract days 11 days
• > 225 contract days 12 days
• Persons employed for less than a full-year contract receive a pro rata part of the authorized sick leave days calculated to the nearest 1/2 day. Persons employed on a full-year contract but scheduled for less than a full work day receive the authorized sick leave days equivalent to their normal working day.
• Employees coming to the District from another Kentucky school district or from the Kentucky Department of Education transfer accumulated sick leave to the District.

Accumulation

• CERTIFIED EMPLOYEES: Sick leave days not taken during the school year in which they were granted accumulate without limitation to the credit of the certified employee to whom they were granted.
• CLASSIFIED EMPLOYEES: Unused sick leave for classified employees accumulate without limitation.

Family Illness & Mourning

Sick leave can be taken for illness in the immediate family or for the purpose of mourning a member of the employee’s immediate family.

“Immediate family” means the employee's spouse, children (including stepchildren and foster children), grandchildren, daughters- or sons-in-law, brothers and sisters, parents, spouse's parents, grandparents, and spouse's grandparents, and any other blood relative who resides in the employee's home.

Sick Leave Donation Program

Under procedures developed by the Superintendent, employees who have accrued more than 15 days of sick leave may request to transfer sick leave days to another employee who is authorized to receive the donation. The number of days donated shall not reduce the employee's sick leave balance to less than fifteen (15) days.

• Employees are eligible to receive donated days if they meet the criteria established in statute or procedures.
• Any sick leave not used shall be returned on a proportionate/pro-rated basis to employees who donated days.

Affidavit

Upon return to work, a certified employee claiming sick leave must file a personal affidavit or a certificate of a physician stating that the employee was ill or that the employee was absent for the purpose of attending to a member of the immediate family who was ill.

All employees are paid for up to eight 8 holidays per year which are designated in the official school calendar. Four of the eight holidays are part of the school year required by state law.

The number of holidays received are determined by the total number of work days designated in an employee's annual contract.

Holidays

Number of Contracted Days	Holidays Recognized
180-186	Labor Day, Thanksgiving, Christmas, MLK Day
190-198	Labor Day, Thanksgiving, Christmas Eve, Christmas, MLK Day
199-211	Labor Day, Thanksgiving, Christmas Eve, Christmas, New Year's Day, MLK Day
212-223	Labor Day, Memorial Day, Thanksgiving, Christmas Eve, Christmas, New Year's Day, MLK Day
224-240	Labor Day, July 4, Memorial Day, Thanksgiving, Christmas Eve, Christmas, New Year's Day, MLK Day

 

Approval

Authorization of leave and time taken off from one’s job shall be in accordance with specific leave policy. Absence from work that is not based on appropriate leave for which the employee is qualified may lead to disciplinary consequences, up to and including termination of employment.

Notification

Employees on leave covered by the related policies must notify the Superintendent in writing by March 1 of the year the leave terminates of the date they intend to return to the school system. Employees who fail to notify the Superintendent of their return by March 1 cannot be guaranteed employment for the following school year.

Leave Following Assault

The District shall provide leave with pay for employees assaulted while performing their assigned duties when the assault results in injuries that qualify the employee for workers’ compensation benefits. The period of leave shall not exceed one calendar year following the assault. During that period, the employee shall not experience loss of income or benefits, including sick leave, under terms and conditions set forth in KRS 161.155.

FMLA

Eligible employees may apply for leave under the provisions of the Family and Medical Leave Act of 1993.

Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons: 

• The birth of a child or placement of a child for adoption or foster care 
• To bond with a child (leave must be taken within one year of the child’s birth or placement)
• To care for the employee’s spouse, child or parent who has a qualifying serious health condition
• For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job
• For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent. 

An eligible employee who is a covered service member’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the servicemember with a serious injury or illness. 

An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule. 

Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies.

• While employees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave.
• Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to it with equivalent pay, benefits and other employment terms and conditions.

Maternity leave refers to the period of time that a new mother takes off from work following the birth or adoption of a baby.

It is important to plan your maternity leave so that you and your family do not experience any unexpected financial challenges and you can make the most of your time with your baby. Maternity leave can be created from a variety of benefits that include:

• sick leave
• vacation
• holiday time
• personal days
• short-term disability
• unpaid family medical leave time

Certified Employees

Educational/Professional Purpose

Upon written request of a teacher or the Superintendent, the Board may grant leave (without pay) for one year for educational or professional purposes. An additional year may be granted by the Board. Leave may be granted for full-time attendance at universities or other training or professional activities approved by the Board when those activities are related to the employee's job or to other jobs an employee might hold in the school system.

Leave will not be granted for part-time educational activities.

Employment with a Charter School

A teacher with continuing status must notify the District of the teacher’s intent to work in the converted charter school or to return to employment with the District the next school year by April 15 of each year of the granted leave.

Limitations

No more than 2% of the certified employees may be on educational/professional leave at one time. When requests exceed 2%, those submitting the earliest requests will be given first consideration.

Time of Application

Written application for educational/professional leave must be made at least sixty (60) days before the beginning of the school term, by submitting a completed LEAVE AFFIDAVIT to be approved by the Nelson County Board.

Notification of Return

Employees on educational/professional leave, including those on professional leave serving in charter schools, shall notify the Superintendent in writing of their intent to return to the school system on or before the date prescribed in Policy 03.123 or April 15 in the case of employees serving in conversion charter schools. Teachers working in charter schools during a second year of leave shall provide written notice by the applicable date to the Superintendent and the Board Chairperson. Employees who fail to notify the Superintendent of their return by the date prescribed in Policy 03.123 cannot be guaranteed employment for the following school year.

Placement Upon Return

Employees taking an educational/professional leave will be entitled on return to a comparable position for which they are qualified. Placement in the same position or the same school cannot be guaranteed.

Classified Employees

Upon recommendation of the Superintendent, the Board may grant classified personnel short-term leave with pay for the purpose of obtaining training to enhance the skills required in performing their job or to obtain training in anticipation of a different position with the school system.

Any employee who serves on a jury in a duly constituted local, state or federal court shall be granted leave with full compensation, less any compensation received as jury pay (except expense monies), for the period of actual jury service.

Persons who will be absent from work to serve on juries must give advance notice to their immediate supervisor and submit the completed Leave Affidavit.

Extended Disability Leave policy shall be applied in a manner consistent with Board Policy 03.113, Policy 03.212 and the Americans with Disabilities Act (ADA), when those provisions are applicable.

Board Policies are available at the Nelson County Online Manual

Military Leave

Military leave will be granted to all personnel under the provisions and conditions specified by law.

Employees who are members of the National Guard or of any reserve component of the Armed Forces of the United States, or the reserve corps of the United States Public Health Service, are entitled to military leave, without loss of time, pay, regular leave, impairment of efficiency rating or of any other rights or benefits to which they are entitled.

In any one federal fiscal year, employees, while on military leave, shall be paid their salaries or compensations for a period not exceeding 21 calendar days. Any unused military leave in a federal fiscal year will be carried over to the next year. Any unused military leave will expire two years after it has accrued. Determination of the period of military leave to be granted will be determined according to statutory requirements.

Employees are responsible for notifying their immediate supervisor as soon as they are notified of an impending military-related absence. The employee must also submit a completed personal leave affidavit or submit a notice of impending military leave from a designated military supervisor.

Disaster Relief

The Board may grant disaster services leave to requesting eligible employees.

“Eligible employee” means one who is a certified disaster services volunteer of the American Red Cross. If granted, disaster services leave shall not exceed 30 work days in any 12-month period.