GCBDD/GDBDD: Sick Time

Code: GCBDD/GDBDD

Adopted: 1/18/17

General Provisions

“Employee” means an individual who is employed by the district and who is paid on an hourly, stipend or salary basis, and for whom withholding is required under Oregon Revised Statute (ORS) 316.162-316.221. The definition does not include volunteers or independent contractors.

The district shall provide sick time to employees in accordance with Oregon law.  Consistent with ORS 653.641, the district shall not deny, interfere with, restrain or fail to pay for sick time to which an employee is entitled, or retaliate against an employee as a result of the employee’s lawful use of sick time.

Employees qualify to begin earning and accruing sick time on the first day of employment with the district.

Non-represented/Non-contracted Employees

The following provisions shall apply only to those employees who are not covered by a collective bargaining agreement, group handbook/agreement or individual contract that provides for paid time off in a manner that is substantially equivalent to the benefits set forth in ORS 653.601 to 653.661.

The district shall allow an eligible employee to earn up to 40 hours of paid sick time per year. Paid sick time shall accrue at the rate of at least one hour of paid sick time for every 30 hours the employee works, or 1-1/3 hours for every 40 hours the employee works.

Up to 40 hours of accrued sick time may be carried over to the subsequent year, with a usage limit of 40 hours per fiscal year.  Sick time shall be taken in minimum of one-hour increments and may be used for the employee’s or a family member’s[i] mental or physical illness, injury or health condition, need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition or need for preventive care, or for reasons consistent with the Family Medical Leave Act (FMLA) or OFLA.  Sick time may also be used in the event of a public health emergency.

The district reserves the right after five consecutive days of absence, to require proof of personal illness or injury from an employee, including a medical examination by a physician chosen and paid for by the district.  An employee refusing to submit to such an examination or to provide other evidence as required by the district, shall be subject to appropriate disciplinary action, up to and including dismissal.

When the reason for sick time is consistent with FMLA/OFLA leave, the sick time and the FMLA/OFLA leave may run concurrently.

When the reason for sick time is consistent with ORS 332.507, the sick time and leave pursuant to ORS 332.507 may run concurrently.

If the reason for sick time is a foreseeable absence, the district will require the employee to provide advance notice of their intention to use sick time within 10 days of the requested sick time, or as soon as practicable.  When the employee uses sick time for a foreseeable absence, the employee shall take reasonable effort to schedule the sick time in a manner that does not unduly disrupt the operations of the district (e.g., grading deadlines, in-service training, and mandatory meetings).

If the reason for sick time is unforeseeable, such as an emergency, accident or sudden illness, the employee shall notify the district at least 12 hours in advance or as soon as practicable.

Unused sick time is forfeited upon termination, is not transferrable to other school districts and is not reportable to PERS.  For accounting purposes, the district’s leave year will match the fiscal year (July 1 through June 30).

The district shall establish a standard process to track the eligibility for sick time of non-represented/ non-contracted employees.

 

END OF POLICY

 

[i]  “Family member” is defined by the Oregon Family Leave Act (OFLA).

Legal Reference(s):

ORS 332.507

ORS 342.545

ORS 342.610

ORS 653.601 to -653.661

ORS 659A.150 to -659A.186

Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213; 29 C.F.R. Part 1630 (2006); 28 C.F.R. Part 35 (2006). Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601-2654 (2006); Family and Medical Leave Act of 1993, 29 C.F.R. Part 825 (2006).

Americans with Disabilities Act Amendments Act of 2008.

Cross Reference(s):

GBDA - Mother Friendly Workplace

GCBDA/GDBDA - Family Medical Leave

GCBD/GDBD - Sick Leaves and Absences