Ala. Admin. Code r. 356-X-3-.04
Current through Register Vol. 43, No. 1, October 31, 2024
Section 356-X-3-.04 - Leaves Of Absence(1) The Board may grant a leave of absence to a teacher on tenure for sufficient cause. Reasons for desiring a leave of absence should be outlined and submitted in a letter to the director. A leave of absence will not be granted to accept other employment.(2) When a teacher is granted a leave of absence for a specific reason and returns to duty with the necessary statement showing compliance with the conditions of the leave of absence, the teacher will be returned to service at a rate of pay commensurate with experience credit which would have been received before leaving except that the same reduction or increase of salary will be received as other teachers if any such general reduction or increase have been made during the absence.(3) A leave of absence is limited to a period of one year and normally will expire on the date set on the school calendar for the first day of school. However, such leave of absence may be extended by the Board for one additional year upon written application of the teacher prior to the expiration of the first year's leave of absence.(4) Maternity leave is granted to ASFA employees upon the following conditions:(a) An employee shall notify the executive director in writing immediately upon learning that she is pregnant and shall at that time present a written statement of her attending physician giving the expected date of her confinement.(b) When a pregnant employee furnishes a written statement from her attending physician that she must be absent from her duties because of her condition, she is entitled to receive pay for accumulated sick leave in the same manner that she would from other causes.(c) Such employee becomes eligible for work reassignment upon receipt by the executive director of a written statement of her attending physician that she is physically able to perform normal and customary duties, and will be reassigned as soon as a suitable position becomes available.(5) Legal leave shall be granted for jury duty, court subpoenaed witnessing, and other legal obligations as approved by the executive director. Salary shall continue at the regular rate. A leave form must be completed and returned to the payroll department before leave is taken.(6) Military leave may be allowed for compulsory military service and/or the duration of a war between the United States and any other country. Before the next succeeding school year after military discharge, the teacher must file a written notice with the executive director indicating whether or not he intends to return to the system. The Alabama School Code sets forth conditions and provisions relating to military leave as a result of war service and the ASFA follows that code.
(7) Regular, full-time employees will be provided three days personal leave on a noncumulative basis for obligations which cannot be fulfilled outside of regular working hours. The first two days shall be with full pay, the third shall be at full pay minus the amount paid a substitute. No classes will be cancelled or unsupervised. Personal leave is granted upon the prior request of the staff member at least two days in advance, unless an emergency occurs in which case the employee shall notify the supervisor as soon as possible so that necessary arrangements can be made. Personal leave may not be requested to extend holidays or during the first and last weeks of the school year. No more than twenty percent of the faculty should be on personal leave on the same day. Personal leave shall not be applicable to summer work.(8) Professional leave, five noncumulative days per year, is granted by the Board at the discretion of the executive director. Professional leave shall be for the purpose of enhancing professional growth and improving competence as it relates to the Board's educational objectives and to the job responsibilities of the individual staff member. Professional leave form must be submitted several days prior to request.(9) Sick leave will be cumulative up to 90 days for support personnel and 150 days for teachers as provided under state law. Charges against sick leave accumulation will be on a five-day work week (weekends, holidays, or any other authorized non-work day excluded). Sick leave may not be used for absences other than those related to sickness or other causes as contained in state sick leave regulations. State sick leave is defined by state law as the absence from regular duty by a teacher because of the following:(b) Bodily injury which incapacitates the teacher.(c) Attendance upon an ill member of the immediate family (husband, wife, father, mother, son, daughter, brother, sister) of the teacher or a person standing in loco parentis.(d) Death in the immediate family of the teacher (as defined above plus, nephew, niece, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, uncle, aunt, grandparents and grandchildren).(e) Where unusually strong personal ties exist, due to a teacher's having been supported or educated by a person of some relationship other than those listed, this relationship may be recognized for leave purposes. In such case, the teacher concerned shall file with the executive director a written statement to the circumstances which justify an exception to the general rule. A doctor's statement shall be submitted by the employee after absence for a personal illness for more than three days in a payroll period.(10) A teacher who has been absent for twenty or more consecutive school days must be reinstated by conferring with the executive director. If the absence occurs because of personal illness or injury, a physician's certificate stating that the teacher is well and able to carry on full school duties must be filed with the director. Author:
Ala. Admin. Code r. 356-X-3-.04
Filed September 30, 1982.Statutory Authority: H.J.R. 145, September 17, 1971.