Regulation R5-38

Expires June 30, 2018

A. Personnel Covered
Full-time employees and part-time employees earn sick leave each month.

1. Full-time employees. Sick leave without loss of pay is allowed in the amount of one day earned per contract month. Anticipated sick leave is cumulative and credited to the new employee at the beginning of the contract period. All other employees will earn leave by pay period.

2. Part-time employees. Sick leave without loss of pay is allowed at the rate of one day for each month worked. Sick leave days earned will be for regular contract day hours. Sick leave is cumulative and credited as earned.

B. Generally
1. The amount of sick leave earned per month is equivalent to one of the employee’s work days.

2. Employees may use accumulated sick leave without loss of pay.

3. Unused sick leave shall accrue to the credit of the employee with unlimited accumulation permitted.

4. Full-time employees are allowed sick leave on an anticipated basis at the prescribed rate. An appropriate salary adjustment shall be made should employment terminate during the contract period and the amount of leave taken be in excess of the amount the employee is eligible to receive.

5. Extended sick leave up to 20 days additional may be granted, upon written request by the employee, to a full-time Lynchburg City School employee in the event the employee has continuous and prolonged absence for personal illness beyond the period of time of his/her accumulated sick leave. Continuous and prolonged absence shall be interpreted to mean five or more consecutive days of absence from assigned responsibilities. A standard deduction (see Compensation Manual) in pay whether or not a substitute is employed shall be made from his/her salary each day up to 20 days. A full-time employee may be granted no more than one period of extended sick leave during a fiscal year. Continued absence beyond the period of time equal to the sum of regular sick leave plus the 20 days described above shall be without pay.

6. An employee who may be absent as a result of a work-related injury covered by the Virginia Worker's Compensation Act may use accumulated sick leave as specified in regulation 5-33 of this manual.

7. Sick leave may be taken in no less than increments of one-half day for exempt personnel and may be taken in no less than increments of one hour for non-exempt personnel.

8. All questions regarding sick leave should be referred to the director for {of} personnel.

9. If an employee uses all of his/her sick leave days accrued, personal or vacation days will be applied for additional days missed. If the employee has no personal or vacation days, the employee will lose the equivalent of one day’s pay for each day used.

C. Absences Covered
1. Sick leave shall be allowed for personal illness or quarantine. In the event an illness requires absence from duty for a continuous period of five or more school days or at any other time deemed advisable by the superintendent, a statement certifying the employee's condition of health may be required from a physician. This statement shall be filed with the director for personnel.

2. Sick leave, not to exceed five days for any one illness or death in the employee's family will be allowed. Family is defined as parent, son, daughter, foster parent, stepmother, stepfather, husband, wife, brother, sister, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-inlaw, sister-in-law, grandparent, grandchild or relative other than the above if such relative lives in the household of the employee. Absence from duty in this section is charged to the employee's total sick leave account in the same manner as absence due to personal illness or quarantine.

3. Sick leave for absence incident to pregnancy and child birth is allowed for that period of time, as certified by a physician, that the employee is physically unable to perform her duties up to the number of sick leave days for which the employee is eligible. It shall be the responsibility of the employee concerned to provide the required physician’s statement defining the exact period of disability, and to consult with the superintendent or his designee to establish the total period of absence. A leave of absence without pay may be granted to the employee, upon proper request to the board, when absence beyond that accountable to sick leave is desired. If a leave of absence is approved by the board as stated in this section, all provisions of the leave of absence policy shall be in effect.

4. An employee may not claim any portion of earned sick leave unless he or she has actually reported for duty for the employment period in accordance with the terms of the current contract or was employed under contract during the preceding school year. However, if an employee is unable because of personal illness to begin work at the time specified in the contract, such employee may be allowed to use accumulated leave not to exceed the amount credited to his or her account as of June 30 of the preceding year.

D. Transfer of Leave
Accumulated sick leave may be transferred up to a maximum of 90 days within the state from one school division to another if the school division to which the employee transfers agrees to accept the responsibility for the accumulated sick leave. The Lynchburg City School Board will accept such transfer of leave from other participating divisions.

E. Termination
When an employee's services are terminated for any cause and the person is employed by any other participating school board in Virginia, upon request, a certificate of all sick leave which has accumulated to the credit of said employee shall be furnished to the said employing school board. An employee will be presumed to have left public school employment if he or she accepts employment other than in the public school system of Virginia or is unable to work in the public schools of Virginia for a period of three consecutive years because of illness or physical disability or family responsibility. Persons who leave public school employment to enter the Armed Services do not forfeit accumulated sick leave earned unless they fail to return to such employment immediately upon discharge from an original tour of duty in the Armed Services. Sick leave credit is not allowed for the period while in the Armed Services.

F. Credit During Leave of Absence
Employees granted a leave of absence for a period not to exceed one year, if offered a position, and return to duty at the time agreed upon will maintain the amount of sick leave earned prior to taking leave.

Legal Reference:

Family and medical Leave Act of 1993

Approved by School Board: January 6, 1981
Revised by School Board: November 2, 1982
Revised by School Board: September 21, 1999
Revised by School Board: December 6, 2005
Revised by School Board: June 15, 2010