Are there any special rules which apply to employees of elementary and secondary schools?

There are special rules that apply to instructional employees of public and private elementary and secondary schools whose principal function is to teach and instruct students (auxiliary personnel such as teacher aides and counselors are excluded). The rules do not apply to colleges and universities. The special rules include limitations on the taking of intermittent leave or leave on a reduced leave schedule, taking leave near the conclusion of an academic term, and restoration to an equivalent position.

  • When an instructional employee requests intermittent or reduced leave for planned medical treatment for more than 20 percent of the total number of working days in the period during which the leave would be used, the supervisor may require the employee to elect either to:
    • take leave for a particular duration of time which is not greater than the duration of the planned treatment; or
    • be transferred to an alternative position.
  • If an instructional employee begins leave more than five weeks before the end of a term, and if the leave will last at least three weeks, and if the employee would return to work during the three weeks before the end of the term (semester), the supervisor may require the employee to continue taking leave until the end of the term.
  • If an instructional employee takes leave for a reason other than the employee's serious health condition which commences during the five weeks before the end of the term, and if the leave will last more than two weeks, and if the employee would return to work during the last two weeks of the term, the supervisor may require the employee to continue taking leave until the end of the term.
  • If an instructional employee takes leave for a reason other than the employee's own serious health condition which begins during the last three weeks of the term, and if the leave will last more than five working days, the supervisor may require the employee to take leave until the end of the term.
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