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409.2 Employee Personal Illness Leave

Employees shall be granted fifteen days of sick leave in their first year of employment.  Each year thereafter, additional fifteen days of sick leave will be granted to the employee.  "Day" is defined as one work day regardless of full-time or part-time status of the employee.  A new employee shall report for work at least one full work day prior to receiving sick leave benefits.  A returning employee will be granted the appropriate number of days at the beginning of each fiscal year.  Sick leave may be accumulated up to a maximum of 120 days for employees.

Evidence may be required regarding the mental or physical health of the employee when the administration has a concern about the employee's health.  Evidence may also be required to confirm the employee's illness, the need for the illness leave, the employee's ability to return to work, and the employee's capability to perform the duties of the employee's position.  It shall be within the discretion of the board or the superintendent to determine the type and amount of evidence necessary.  When an illness leave will be greater than three consecutive days, the employee shall comply with the board policy regarding family and medical leave.

The requirements stated in the Master Contract between employees in that certified collective bargaining unit and the board regarding the personal illness leave of such employees shall be followed.

Legal Reference: Whitney v. Rural Ind. School District, 232 Iowa 61, 4 N.W.2d 394 (1942). 26 U.S.C. §§ 2601 et seq. (Supp. 1994) 29 C.F.R. Pt. 825 (1996).

Iowa Code §§ 20; 85.33, .34, .38(3); 216; 279.40 (2005). 1980 Op. Att'y Gen. 605. 1972 Op. Att'y Gen. 177, 353. 1952 Op. Att'y Gen. 91.

Cross Reference: 403.2 Employee Injury on the Job

409.3 Licensed Employee Family and Medical Leave

409.9 Licensed Employee Unpaid Leave

Approved  July 11, 2005     

Reviewed  March 9, 2020

Revised November 9, 2009