5.11 Sick Leave

Last Revised: 1 July 2014

Refer Questions to: Vice President, Clerc Center

Scope

This policy applies to regular status and extended temporary status teachers in the Laurent Clerc National Deaf Education Center (Clerc Center) of Gallaudet University.

Policy

Sick leave is defined as a period of time when medical conditions, including pregnancy-related disabilities, make it impossible for a teacher to work.

In compliance with the DC Accrued Sick and Safe Leave Act leave may also be used for an absence if a teacher or the teacher’s family member is a victim of stalking, domestic violence or sexual abuse. The absence may be pertaining to seeking medical attention for the teacher or family member, seeking services from a victim services organization, obtaining psychological or other counseling or temporarily or permanently relocate.

A maximum of seven days or 49 hours may be used each academic year for the medical and/or safety needs (per the Act) of an immediate family member, defined as, a spouse, registered domestic partner, son or daughter (biological, adopted, foster, stepchild, legal ward, grandchildren or a child of a person standing in loco parentis), siblings, including step-siblings and half-siblings), a parent (including step-parents or a person who has acted in loco parentis), a parent of a spouse, spouses of children, and spouses of siblings. Personal leave or leave without pay may be requested to care for others not covered by this policy.

A full-time, regular or extended temporary status teacher accrues 10 days (or 70 hours) of sick leave for a full academic year (194 working days) service. Teachers who start after the beginning of the academic year or who are in a non-pay status accrue sick leave based on one day for each 19 working days, as follows:

SICK LEAVE ACCRUAL

Working Days	Days	Hours
190 – 194	10	70
171 – 189	9	63
152 – 170	8	56
133 – 151	7	49
114 – 132	6	42
95 – 113	5	35
76 – 94	4	28
57 – 75	3	21
38 – 56	2	14
19 – 37	1	7
17 – 18	0	3.5
11 – 16	0	3
6 – 10	0	2
5	0	1
0 – 4	0	0

Short and long-term substitute teachers earn sick leave at the rate of one (1) hour for each thirty-seven (37) hours worked (leave does not accrue while using leave), not to exceed forty-nine (49) hours per academic year. Leave is accessible after ninety (90) days of service.

Sick leave is with pay and all benefits continuing. The annual accrual is advanced at the beginning of the academic year, or on the starting date for a regular or extended temporary status teacher who begins after the start of the academic year. Sick leave may be used in half-hour increments. Regular and extended temporary status teachers on paid sick leave continue to accrue leave in the usual manner. Personal leave may be used when sick leave has been exhausted. Sick leave may accrue indefinitely; however, it is not reimbursed upon separation.

Advancement of Additional Sick Leave

After 30 calendar days of continuous service, an advancement of sick leave in excess of the amount of paid leave available to a regular or extended temporary status teacher may be granted by the Vice President in situations when a teacher has not had an opportunity to accrue sufficient leave or when a teacher has experienced a chronic illness or long-term disabling condition and has exhausted his/her leave accrual. Employees who are eligible to receive other disability benefits (e.g., long-term disability insurance coverage, workers’ compensation, recovery of income through settlement) are not eligible for a sick leave advance.

An advancement of sick leave is for a personal illness or injury only. Documentation from a physician or health care practitioner must be provided. No more than 60 working days may be advanced in any academic year. The amount takes into consideration, among other factors, the leave necessary to enable the teacher to be eligible for long-term disability insurance coverage. Upon return to work, the teacher is expected to repay the advanced leave at the rate of one-half of the annual accrual until the leave is repaid in full. If a teacher does not return or later resigns, he/she is responsible for reimbursing the University for any advanced sick leave which has not yet been repaid.

Teachers who continue to be disabled after all paid sick leave has been exhausted may request leave without pay and apply for long-term disability coverage. Leave without pay will be approved for a maximum of two semesters.

Approved by: Gallaudet University Board of Trustees

Procedures

1. A teacher is expected to notify the supervisor or other designated person as early as possible if he/she is unable to report for duty because of the need to take sick leave. Leave for scheduled appointments should be requested at least three working days in advance.
2. Leave may be taken in half-hour increments.
3. A teacher is required to provide documentation from a health care provider for any absence exceeding five consecutive working days.
4. A teacher may be required to provide documentation from a health care provider to support the use of sick leave for any absence if the supervisor has reason to believe that sick leave privileges have been abused.
5. For absences of 20 consecutive working days or more, a teacher must provide certification from a health care provider which provides sufficient medical facts to support a serious health condition, indicates that the teacher is unable to perform the essential functions of the job, the date the condition commenced, and the probable duration of the condition. Re-certification is required in 30 calendar day intervals.
6. A teacher on extended sick leave is expected to keep the supervisor or the designated person regularly informed (at least bi-weekly) of his/her condition and to notify the supervisor or designated person in advance when he/she intends to return to work.
7. The Clerc Center reserves the right to arrange for a second or third medical opinion at its expense.
8. Should a teacher fail to provide the requested documentation or to keep the supervisor or designated individual regularly informed, or refuse a request for a second or third medical opinion, paid sick leave will not be approved, and the teacher must use personal leave or leave without pay. Abuse or misuse of leave may be reflected in the teacher’s performance evaluation.
9. Teachers are not eligible for paid sick leave while receiving workers’ compensation, long-term disability, disability retirement, or other forms of compensation.
10. Sick leave may not be substituted while on another type of leave.