D.C. Mun. Regs. tit. 5, r. 5-E1204

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 5-E1204 - EXTENDED LEAVE OF ABSENCE
1204.1

All employees in the Educational Service shall be eligible for extended leaves of absence for periods in excess of thirty (30) days and to exceed two (2) years.

1204.2

Extended leave of absence may be authorized for, but is not limited to, the following reasons:

(a) Personal illness;
(b) Family care;
(c) Maternity leave;
(d) Paternity leave;
(e) Adoption leave;
(f) Educational leave with pay;
(g) Educational leave without pay; and
(h) Military service leave.
1204.3

The Superintendent or the Superintendent's designee shall authorize extended leaves of absence for all employees in accordance with this section.

1204.4

The Superintendent shall establish procedures for the application and approval of extended leaves of absence.

1204.5

An employee on extended leave of absence while working in a charter school may request an extension of this leave of absence for an unlimited number of two-year terms. The Superintendent may not unreasonably (as determined by the eligible chartering authority that chartered the school in which the employee works) withhold approval of such a request.

1204.6

Leave of absence for ET-15 and other school based employees shall commence with the beginning of a semester, to the extent possible.

1204.7

Extended leave of absence for ET and other school based employees shall not end during a semester unless authorized by the Superintendent or the Superintendent's designee.

1204.8

Failure to return to duty following the expiration of an extended leave of absence, or authorized extension thereof, or failure to comply with established procedures may be considered as voluntary resignation.

1204.9

Extended leave of absence shall not be authorized for full-time employment outside of the D.C. Public Schools except as follows:

(a) Employment that directly relates to the stated missions, goals, or objectives of D.C. Public Schools, as determined by the Superintendent of Schools;
(b) One (1) year of full-time employment with the local union of an educational service employee; and
(c) Employment with a public charter school.
1204.10

All extended leaves of absence shall be without pay, with the exception of educational leave to pursue full-time graduate study in an area related to the stated goals and objectives of D.C. Public Schools.

1204.11

Upon return to duty from extended leave of absence without pay, reinstatement shall be made to the level of the salary schedule commensurate with the position to which the employee is reinstated; provided, that such an employee shall be reinstated to the same level of the salary schedule as at the beginning of the leave of absence when required by Federal or District law.

1204.12

Credit for partial years of service shall be granted according to procedures established by the Superintendent of Schools.

1204.13

Accrued annual or sick leave shall remain as of the balance at the beginning of the extended leave of absence with or without pay.

1204.14

Seniority shall remain as of the balance at the beginning of the extended leave or absence with or without pay.

1204.15

Seniority shall continue to accrue to those employees on leave of absence with pay.

1204.16

With the exception of military leave, periods of extended leave of absence without pay may not be counted toward service requirements for permanent status, future leaves of absence, retirement eligibility, and step increases, depending on the duration of the leave.

1204.17

The terms of any negotiated agreement relating to leave of absence shall supersede the provisions of this section.

D.C. Mun. Regs. tit. 5, r. 5-E1204

Final Rulemaking published at 27 DCR 4297, 4340 (October 3, 1980); as amended by Final Rulemaking published at 46 DCR 808-09 (January 29, 1999)