Cobb County School District Administrative Rules

RATIONALE/OBJECTIVE:

Employees of the Cobb County School District (District) are provided leaves of absence for a variety of purposes. Leave is defined as time granted to an employee to be absent from his/her work assignment according to specific terms.

RULE:

The following are regulations that will be observed regarding leave for short-term/long-term leaves of absence:

A. EMPLOYEE’S FAMILY:
For purposes of leaves of absence, an employee’s family member is defined as the

employee’s spouse, children, mother, father, brother, sister, grandmother, grandfather,

grandchildren, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law,

sister-in-law, aunt, uncle, niece, nephew, or any relative living in the household of the

employee and any step-relatives as identified in this definition.

B. SHORT-TERM LEAVE:

Employees may use accumulated short-term leave for the following: Personal illness,

family illness (as defined above), bereavement in the family and personal/professional

reasons.

1. Personal Illness:

Personal illness is defined as an illness or injury of the employee or exposure of the

employee to a contagious disease which would endanger other persons if the

employee were on the job.

a. Physical Violence:

Certified employees absent due to an injury due to physical violence by a student

while they are engaged in the performance of their duties shall not be charged with

short-term leave for the first seven workdays of absence resulting from a single

injury. There should also be appropriate notification to Human Resources/Risk

Management.

b. Notification:

If the illness of the employee extends beyond one day, the employee is responsible

for keeping his/her Principal or immediate supervisor informed daily about the

expected date he will return to work.

c. Report of Absence Form (FS 348):

Short-term leave for personal illness should be reported and submitted for approval

to the employee’s supervisor on the Report of Absence Form (FS 348) as soon as

the absence is anticipated.

d. Human Resources Notification:

If the illness extends beyond ten days, the employee is responsible for contacting

the Benefits Office for appropriate paperwork.
e. Return to Work:

An employee on short-term leave of absence will be expected to return to the

position on the first work day after the physician states that the physical disability no

longer exists.

f. Physician’s Statement:

(1) The District does require a physician’s statement if the employee has been

absent for nine consecutive days of work (Form GCC-2 [Disability Certification]).

(2) The District may require a physician's statement attesting that the employee

was absent due to illness if the employee is absent:

(a) Five or more consecutive work days;

(b) Seven or more non-consecutive work days; or

series of Monday and/or Friday absences.

(3) The District reserves the right to designate a physician, at the District’s expense,

to confirm the reason for an absence. The employee will have the right to

participate in the selection of this physician to the extent that the employee can

choose from a list of District approved physician’s given to the employee. In the

event of unusual circumstances, the employee may utilize the services of a

mutually agreed upon physician approved by Human Resources.

2. Family Illness:

Family illness is defined as an illness or injury of any member of the employee's

immediate family as defined in Section A above.

(a) Limits of Use:

(1) Absences are limited to five consecutive days per occurrence per family

member.

(2) If the employee needs to be absent beyond the five days per occurrence of

illness in the immediate family, unused personal leave may be taken.

(b) Report of Absence Form (FS 348):

Short-term leave for personal illness should be reported and submitted for

approval to the employee’s supervisor on the Report of Absence Form (FS 348) as

soon as the absence is anticipated.

(1) If the employee, who has accumulated leave, requests to be absent in the

event of lengthy family illness that exceeds the provisions of this Rule, he/she

may request a Hardship Leave Approval (Form GCC-3 [Request for Hardship

Leave]) by the Benefits Office for a review of his/her request and determine if

additional hardship leave is justifiable.

a) If approved, hardship leave allows the employee to use twenty (20) days of

his/her short-term leave for an immediate family member's illness.

b) Medical documentation is required (Form GCC-2 [Disability Certification]).

(2) Extension:
a) Additional hardship leave may be requested (Form GCC-4 [Request for

Extension of Hardship Leave]).with appropriate medical documentation.

b) The maximum number of short-term leave days available through Hardship

Leave, including the initial five (5) days, is up to a maximum of forty-five

(45) days.

3. Bereavement:

(a) Family Member:

In the event of the death of any member of the employee's immediate family as

defined in Section A above, a maximum of five consecutive days of accumulated

short-term leave may be taken.

(b) Non-Family Member:

In the event of a death outside of the employee’s immediate family as defined

above, the employee may use one day of short-term leave per fiscal year.

Short-term leave for personal illness should be reported and submitted for approval

to the employee’s supervisor on the Report of Absence Form (FS 348) as soon as

the absence is anticipated.

(d) Hardship:
If an employee, who has accumulated leave, submits a request for bereavement

leave that exceeds the provision of this Rule, he/she may request a Hardship
Leave (Form GCC-3 [Request for Hardship Leave]), as outlined in 2.b above.

4. Spousal Donation:

a. Spouses within District may exercise their option to participate in the District’s

Spousal Donation of Sick Leave Time Program (Form GCC-5 [Employee Donating Sick

Leave to a Spouse Employed by the System]). Under specific circumstances a District

employee may donate up to ten (10) sick leave days to his or her spouse. The

spouse must also be an employee of the District, for the purposes of maternity,

personal illness, illness of a family member, or death of a family member. Additional

requirements also apply:

(1) Both District employees must be a member of the District’s Catastrophic Illness

Leave Bank (CILB);

(2) One spouse must have exhausted all available short-term leave before being

eligible to receive the sick leave donation from his or her spouse;

(3) Employees must be able to provide medical certification of illness/death, if

requested.

(4) This is a one-time opportunity.

b. An employee may only exercise this option once during his/her employment with the

District. An employee who has exercised the spousal donation option may request a

subsequent spousal donation option by submitting a Hardship Leave Approval to the

Benefits Office for a review of his/her request and determination if hardship leave is

justifiable.

5. Personal/Professional:

Eligible employees may utilize a limited number of days of short-term leave for

personal and/or professional reasons.

a. Maximum Days Allowed:

(1) Less Than 15 Years in the District:

A maximum of three days per school year of personal/professional leave will be

available to all eligible employees who have less than 15 years experience in the

District.

(2) 15 or More Years in the District:

(a) Four days per school year will be available for all eligible employees with more

than 15 years experience in the District.

(b) Employees' years of experience will be evaluated as of June 30th and the

increase in personal days for the eligible employees will be effective July 1st

of the new fiscal year.

b. Uses:

(1) Personal leave is used by the employee to be absent from the job in order to

participate in activities/emergencies of a personal nature.

(2) Professional leave is used by an employee to be absent from the job in order to

participate in conferences, meetings, and other activities of a professional

nature when not representing the District.

c. Requests:
(1) All requests for personal/professional leave must be made in advance and in

writing except in extreme emergencies using the Report of Absence

Form (FS-348).

(2) Such leave may be used for personal or professional reasons, provided prior

approval of the employee's absence is given by the employee’s

Principal/Supervisor or designee.

(3) Employees seeking leave under this Rule will state whether the leave is

"personal" or "professional."

d. Confidentiality of Reason for Request:

Approval of an absence for personal reasons will not be conditioned upon disclosure

of the specific purpose for which such absence is sought.

f. Denial of Request:

(1) Excessive Absences:

The Superintendent/Principal/Supervisor or designee may deny all requests for

personal/professional leave at any time that the actual or anticipated absences of

a specific school/department/division on a given date reach 10% of the total

staff.

(2) Critical Days:
Employee attendance on certain days, designated Critical Days, is crucial for

effective school operation. Personal/professional leave can not be used on these

Critical Days.

(a) The School Leadership Division will declare which days are District-wide

Critical Days.

(b) Principals/Supervisors may differentiate Critical Days for various employee

groups such as certificated or classified.

for personal/professional reasons on District-wide or school specific Critical

Days, the Principal/Supervisor will approve or deny the request.

(d) School-Specific Critical Days:

1) Principals may declare school-specific Critical Days when faculty/staff

attendance is deemed critical for the well-being of students, the academic

success of the school, or in response to emergencies. Examples include,

but are not limited, to:

a) Special events which create unstructured days for students (such as

field days) and/or bring large numbers of parents/guardians or other

non-employees into the building;

b) State or District mandated testing; and

c) School, regional or national disasters.

2) School-specific critical days may not be declared in an effort to reduce the

number of employee absences on days routinely characterized by high

absenteeism, such as Mondays or Fridays.

3) Principals are to submit their non-emergency school-specific Critical Days

to the appropriate Area Assistant Superintendent for approval. These days

should be part of the annual plan for covering classes when substitutes are

not available.

4) In emergency situations, principals should confer with the appropriate

Area Assistant Superintendent prior to declaring a school-specific Critical

Day.

g. Accumulation:

(1) Personal/Professional Accrual leave is deducted from the employee's

accumulated short-term leave account.

(2) When the maximum personal/professional leave days are not utilized in a fiscal

year, the unused days remain in the employee's short-term leave account but

do not accrue as additional personal/professional days for the subsequent fiscal

year.

(3) An employee may not utilize more than three/four days, as determined by the

employee’s experience in the District, of professional/personal leave during each

fiscal year.

6. Short-Term Military Leave:

a. District employees are extended the right to short term military leave of absence.

This leave is for National Guard or Reserve duty, which the employee is required to

attend.

b. When given a choice by the military, the employee will select the duty which will

have the least detrimental effect on the employee’s job responsibilities. The

employee will be granted the leave, with pay, for up to eighteen (18) days. The

employee will provide written documentation as to the duty being required and the

required dates of duty. Documentation should be submitted with a completed Report

of Absence Form (FS348).

7. Absences of 10 or More Consecutive Days:

Employees/Supervisors are required to contact the Benefits Office if the employee's

absence is expected to extend ten consecutive days or more. Family Medical Leave Act

provisions must be initiated if applicable. Insurance coverage must be monitored, and

a supply teacher must be secured if appropriate.

8. Short Term Leave Accrual:

All eligible employees will be entitled to earn and use leave with full pay for short-term

absences as defined in this Rule.

a. Beginning Employees:

(1) Beginning employees will be advanced six days of leave, but will not earn

additional leave until the end of the fourth month's service report.

(2) The beginning certified employee working less than an annual contract will be

granted six days of advanced leave upon completion of the first full day of work.

The beginning employee will not be granted more leave days than can be

earned during the school year.

(3) Employees transferring from other Georgia school systems with more than six

days of leave will not be advanced short-term leave.

(4) Absence Without Leave but for Valid Cause:

(a) Continued Absence:

An employee whose absences are due to a valid cause (see Section B above)

who has exhausted his/her short-term leave and who is not eligible for

Family and Medical Leave or long-term leave (See Section C), will be

permitted to remain absent without pay up to ten (10) additional work days

for valid cause.

(b) Notification:

1) The Benefits Office will contact the employee to:

a) Inquire regarding his/her return to work; and

b) Notify him/her of the specific dates of the additional 10-day period.

2) The Benefits Office shall provide written notification to the employee via

first class mail of the ten-day period.

The additional days, up to ten work days, will begin the first day of absence

following the exhaustion of the employee’s short-term leave.

(d) At the conclusion of the additional ten-day period, the employee will be

required to either return to work, establish eligibility for approved leave, or

resign his/her position.

(e) Continued employee absence for valid cause but without available leave

beyond the additional ten-day period will be considered job abandonment

(See Section B.9.d).

(f) An employee who is separated from employment as a result of his/her

continued absence without leave but with valid cause shall be eligible to

reapply for employment with the District.

b. Accrual:

(1) Employees will earn short-term leave at the rate of 1½ days for each month of

service provided salary is earned for at least half of the work days in the service

report period.

(2) Terminated employees will not earn short term leave for less than a complete

month's work.

(3) Maximum:

Employees' short-term leave will be accumulated up to but not to exceed one

hundred and twenty days. When an employee terminates service with the

District, all accumulated leave will lapse unless the employee is re-employed

within one calendar year.

(4) Rate:

This scale will be used to determine maximum annual accumulation of leave:

9 month employees (180 or 183 days) 13½ days annually;

9½ month employees (191 or 194 days) 14¼ days annually;

10 month employees (200 days) 15 days annually;

10½ month employees (210 days) 15¾ days annually;

11 month employees (220 days) 16½ days annually;

12 month employees (240/260 days) 18 days annually.

(5) Unused Short-Term Leave:

(a) Employees will not be paid for unused short term leave days when

employment with the District ends.

(b) Retirement:

Unused short term leave may be converted to service credit. Please contact

the Benefits Office for specific details or Teacher Retirement System for

additional information.

9. Unauthorized Absences:

a. Employee absences for other than the reasons listed above are considered a

violation of this Rule by the employee unless the absences are officially approved in

advance by the Superintendent or designee.

b. Loss of Pay:

Such absences may result in the deduction from the employee's salary of a full

working day's pay for each day absent.

c. Proof of Absence:

The District reserves the right to require acceptable proof when there is doubt that

an employee's absence is not a result of an approved reason as defined above.

d. Job Abandonment:

Absences other than those above may be deemed job abandonment. A classified

employee who is absent from duty three (3) or more consecutive work days

without proper notification and authorization shall be deemed to have abandoned

his/her position, absent extenuating or mitigating circumstances, and such

abandonment shall be considered a voluntary resignation of employment.

10. Enforcement/Documentation Responsibilities:

a. The Superintendent and administrative staff are responsible for enforcing policies

of the Cobb County Board of Education and District Administrative Rules relative to

employee absences and maintaining adequate records on the absences of all

employees.

b. Violations of this Rule may be grounds for dismissal.

11. Substitutes:

a. Adequate advance preparation must be made by teacher and administrators to

see that the learning process for students continues with a minimum of

interruption when absences are necessary.

b. The District will pay a substitute/supply teacher whose service is necessary to

replace a teacher on short-term leave. It is the responsibility of the Principal or

designee to secure the substitute teacher from the approved list. Supply teachers

are secured by Human Resources Division. Also see Administrative Rules GBC

(Staff Compensation) and GCG (Arrangements for Substitutes/Supply Teachers).

12. Temporary Employees:

Temporary employees do not qualify for short-term leave. The temporary employee

will be notified on personnel action forms identifying the temporary status at the time

of employment.

13. Units of Use:

a. Exempt Employees:

Short-term leave can be taken only in one-fourth, one-half, or full-day units for

non-hourly employees.

b. Non-Exempt Employees:

Employees on hourly payroll will be allowed to take leave as provided by the

appropriate payroll system.

C. LONG-TERM LEAVE:

Eligible employees of the District may be granted a leave of absence without salary for a

period of one calendar year for personal illness, family illness, adoption, educational, or

military purposes. The following eligibility qualifications and regulations will be observed

regarding a long-term leave of absence:

1. General Provisions:

a. The employee must be employed with the District for at least 12 months in order to

be eligible for Long-Term Leave.

b. The employee is on a leave from the District and not from a specific school, division

or department.

c. The employee who is on long-term leave of absence and accepts employment with

an agency other than the District may forfeit all leave privileges.

d. Temporary employees do not qualify for long-term leave benefits.

e. An eligible employee may complete a Request for Long Term Leave form

(Form GCC-6 [Request for Long Term Leave of Absence]) and (Form GCC-11

[Request to Continue Benefits During Long Term Leave]).

2. Illness:

a. Qualifying Situations:

A prolonged, confining illness of the employee or an immediate member of one's

family as defined in Section A above may be considered. This provision does not

include child care unless associated with a prolonged illness of the employee’s child.

b. Physician’s Statement:

The request for health leave must be accompanied by a Completed Disability

Certification Form (Form GCC-2 [Disability Certification]). Ongoing medical

documentation will be required during the one-year period of health leave.

c. Return to Work:

The Human Resources Division will make every effort to find a position for re-

employment for eligible employees who are returning from leaves of absence.

(1) The employee will be responsible for notifying the Benefits Office in writing not

less than three months before the date he/she desires to return to a position with

the District or not less than three months before the expiration date of the leave.

The employee must submit a Request to Return from Leave Form (Form GCC-7

[Request to Return from Long Term Leave of Absence]).

(2) If the employee does not request re-entry in writing before the expiration date of

the leave, all leave privileges may be automatically terminated.

(3) The employee must present a Release to Return to Work Form (Form GCC-8

[Release to Return to Work]) when he/she desires to return from a personal

health leave to a position in the District:

(a) The release must attest that the employee is physically and emotionally

capable of assuming the responsibilities of the position.

(b) Should the District request additional information, the District and the

employee may designate, at the District's expense, a second physician to

examine and/or evaluate the employee.

(4) An employee will not be permitted to return to his/her assigned duties for

a period of less than ten consecutive work days in order to reestablish his/her

continuity of service. If an employee does not work at least ten (10) consecutive

days following the return from long term leave, he/she will automatically be

returned to Long Term Leave status.

(5) The employee placed on long-term leave of absence will be considered for re-

employment in the same status/category previously held if:

(a) Acceptable medical documentation is received verifying that the employee is

able to assume the required duties of the position;

(b) The employee possesses all the skills and the qualifications required for that

particular position; and

not be available, the employee may be offered a position at a comparable

status/category or a position one level below his/her previous status/category

until a position becomes available in the status/category held by the employee

prior to being placed on long-term leave.

d. Leave Accounts:

(1) During long-term leaves (not for personal health), accumulated short-term leave

will be maintained in the account of the employee.

(2) Short-term leave will not accrue during the long-term leave of absence.

(3) For long-term personal health leave, long-term leave begins the first calendar

day after short-term leave has been exhausted.

e. Extensions:
(1) Employee Initiated:

(a) The employee may request a one-year extension of the leave if the disabling

condition continues past the expiration date of the original long-term health

leave.

(b) The request for the extension of long-term health leave (Form GCC-9

[Request for Extension of Long Term Leave]) must be accompanied by the

Disability Certification Form (Form GCC-2 [Disability Certification]) which

verifies the continuation of the disabling condition.

extended health leave will be approved.

(d) Group insurance is not available for employees on extended leave.

(2) The employee may be given an extension of his/her leave if a position is not

available at the expiration date of the original leave provided the requirements for

the leave have been met.

f. Termination of Leave of Absence:

The leave of absence will be terminated at the expiration date of the leave or during

the extension of the leave if the employee declines an offer of employment in the

same status or category previously held.

g. 120-Day Provision:

When an employee has been absent for personal illness in excess of 120 working

days, with or without pay, the:

(1) Employee will be placed on long-term leave of absence.

(2) The District reserves the right to place an employee on long-term health leave of

absence when it is projected and verified by a physician that the employee will be

absent in excess of 120 working days.

3. Educational:

a. General Provisions:

(1) District employees may be granted educational leave of absence (Form GCC-6

[Request for Long Term Leave of Absence]) and (Form GCC-11 [Request to

Continue Benefits During Long Term Leave]) for one calendar year without pay

for the purpose of completing graduate college credit.

(2) This educational study must lead to an advanced professional certificate.

(3) A letter of acceptance into an approved program will be required. Approved

professional education programs are based on established state

standards.

(4) The employee must:

(a) Complete a minimum of thirty quarter hours, or the equivalent; or

(b) Earn the next highest degree within the year of the granted leave of

absence.

(5) Employees who occupy positions which do not require certification will be

granted a long term leave of absence for the purpose of completing

requirements for a teaching certificate.

(6) Employees occupying classified or professional-technical positions may be

granted a long-term leave of absence to earn a degree in a job related area.

The employee must complete:

(a) A minimum of thirty quarter hours, or the equivalent; or

(b) Certification requirements.

(7) An official transcript will be required at the end of the approved leave period.

b. Extension:

(1) The employee may request a one-year extension of the leave (Form GCC-9

[Request for Extension of Long Term Leave of Absence]).

(2) The employee must:

(a) Provide documentation that verifies the continuation of course work; and

(b) Satisfy all requirements for the original education leave before the extended

educational leave will be approved.

4. Military:

No applicant or employee will be denied employment, re-employment, or any benefit of

employment on the basis of membership in a uniformed service, application for

membership in a uniformed service, performance of service, application for service, or

obligation to perform service.

a. General Provisions:

Employees will be granted long-term leave without pay (Form GCC-6 [Request for

Long Term Leave of Absence]) and (Form GCC-11 [Request to Continue Benefits

During Long Term Leave]) from the District for military service in the United States’

uniformed services provided the employee meets the following conditions. The

employee:

(1) Was not separated from service under other than honorable conditions or under

other conditions specified in 38 U.S.C. '4304.

(2) Gives advance written or verbal notice of an upcoming absence due to military

service.

b. Term of Employment:

(1) If the employee completed a period of uniformed military service of less than

thirty-one (31) calendar days, or if the employee was absent due to an

examination to determine the persons' fitness to perform service, the employee

must report his/her intention to return on the first work day after a time period

including time for safe transportation from the site of the service to his/her

residence, plus eight (8) hours.

(2) If the period of uniformed military service was between thirty-one (31) and one

hundred and eighty-one (181) calendar days, the employee must submit the

Request to Return from Long Term Leave (Form GCC-7 [Request to Return from

Long Term Leave of Absence]) within fourteen (14) days after arriving home after

the period of service.

(3) If the period of service was for more than one hundred and eighty (180) calendar

days, notice must be given within ninety (90) days after arriving home.

(4) The above time periods may be extended if the employee is delayed by factors

beyond the employee's control.

c. Failure to Provide Notice:

Any day on which the employee fails to give any notice required by this Rule shall be

deemed an unexcused absence and subject the employee to appropriate disciplinary

action.

d. Rights and Benefits:

(1) This Rule is intended to and shall impose only those rights, benefits, and

obligations as set forth in 38 U.S.C. '4301 et seq.

(2) The employee who is absent due to military service will be given all rights and

benefits not determined by seniority as any other employee would receive during

furlough or leave of absence.

e. Return To Work:

The employee is only entitled to reinstatement if the cumulative length of the

employee's latest absence and all previous absence by reason of military service

does not exceed five (5) years. This five (5) year period may be extended under

certain conditions as provided in 38 U.S.C. '4312.

(1) An employee who returns to work under this Rule is entitled to the seniority and

other rights and benefits a