POLICY MANUAL

Leave of Absence Without Pay - Policy P5-46

A. Personnel Covered
This policy shall apply to all full-time employees.

B. Definition
A leave of absence, without pay, may be granted to employees of the school division upon the recommendation of the division superintendent with approval by the school division. Leaves of absence may be granted for educational purposes, personal illness, maternity, or rest and recuperation. A leave of absence can be for a period of up to but no more than one (1) year and shall not be renewable. Employees granted a leave of absence are not employees of the Lynchburg City Schools during the period of their leave of absence.

C. Credit on Salary Schedule
Time spent on leave of absence is not considered to be a period of service for the purpose of determining placement on the salary schedule.

D. Group Insurance
Employees granted a leave of absence or who terminate their employment before retirement are eligible to continue provisions of the school division’s group insurance for 18 months under the Consolidated Omnibus Reconciliation Act of 1985 (COBRA). If one of the following acts occurs during the original 18-month period, coverage may be extended up to 36 months for the covered dependent:

  1. divorce or legal separation of the employee from the employee’s covered spouse
  2. death of the covered employee
  3. the covered employee’s wages cease due to entitlement for Medicare
  4. a covered child ceases to be an eligible dependent of the employee

The covered dependent exercising this option must assume responsibility for payment of the insurance premiums.

E. Application
Application for leave of absence must be addressed to the division superintendent and shall state the reason for the request, the period of time (not to exceed one year) for which the leave is desired, and the intention of the applicant to resume employment in this school division at the conclusion of the leave of absence.

F. Return from Leave
Approval of the request for leave of absence assures an employee that at the expiration of the leave, upon proper notification as specified at G. below, the employee will be offered the first position the superintendent considers appropriate that becomes available to the school division within the next succeeding twelve (12) month period following expiration of the leave of absence; such re-employment will be with full rights and privileges to which the individual was entitled and qualified at the time the leave became effective. Should two or more employees be eligible for the same position the one who first began his/her period of leave shall receive first consideration.

If an appropriate position does not become available for the employee during the next succeeding twelve (12) month period following expiration of the leave of absence, the employee will be eligible for re-employment with the Lynchburg City Schools but will not have priority for re-employment. He/she will be considered for employment on an equal basis with all other applicants for positions in the Lynchburg City Schools. Should the employee be re-employed, such reemployment will be with full rights and privileges to which the individual was entitled and qualified at the time the leave of absence became effective.

G. Notice
An employee who is granted a leave of absence shall notify the superintendent in writing of his/her desire to return to active employment at least fourteen (14) calendar days prior to expiration of the period for which a leave of absence was granted. Failure to give the proper notice will disqualify the employee for any reemployment rights to which he/she might otherwise have been entitled.

Legal Reference:

Consolidated Omnibus Reconciliation Act of 1985.

Adopted by School Board: September 17, 1974
Revised by School Board: November 18, 1975
Revised by School Board: September 7, 1976
Revised by School Board: January 6, 1981
Revised by School Board: November 2, 1982
Revised by School Board: August 2, 1983
Revised by School Board: September 1, 1998
Revised by School Board: September 21, 1999

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