Leaves & Absences
For an extended leave of absence employees have several options for protected leave through eligibility. Each link below contains helpful information on eligbility and how to apply.
- Americans with Disabilities Act
- Bereavement Leave
- Catastrophic Illness Sick Leave Pool
- Family Medical Leave (FMLA) / Temporary Disability Leave (TDL)
- Workers' Compensation
Americans with Disabilities Act
- Employee submits a request in writing using the “Request for Accommodation” form to the Coordinator of Leaves, Benefits & Compensation at claytona@joshuaisd.org.
- The employee provides Human Resources adequate documentation from a qualified health care professional of a disability or impairment on the District’s form. Reasonable accommodations will not be provided prior to the receipt of adequate documentation as determined by the District.
- After receiving the documentation from the health care provider, Human Resources will review the medical information to determine its adequacy. If the information provided is incomplete, unclear or inconsistent, Human Resources can request that the employee obtain additional or clarifying information from the heath care provider.
- Human Resources speaks with the employee to identify and discuss accommodations to perform the essential functions of the job.
- Human Resources discusses requested accommodations with principal and/or supervisor.
- Human Resources determines the feasibility and appropriateness of the requested accommodation(s) after reviewing all the information. If, appropriate the request will be sent to legal for further guidance.
- Human Resources notifies the employee in writing of its determination as to appropriate accommodation(s) to be implemented or the explanatory denial of the request or portions of the request. The principal/supervisor is also notified in writing.
Please note: Having a medical condition alone is not enough to make an employee eligible for accommodations under the Americans with Disabilities Act (ADA) of 1990 and the Americans with Disabilities Act Amendments Act of 2008 (ADAAA).
The District reserves the right to obtain an independent medical opinion concerning the impairment for which an employee seeks an accommodation at District expense.
Bereavement Leave
What is Bereavement Leave and Do I Qualify?
Joshua ISD has adopted a policy for employees to request bereavement leave for the death in the immediate family. Bereavement leave is the time usually taken to grieve a loss, prepare for and attend a funeral, and/or attend to any other immediate post-death matters.
The policy for Bereavement Leave can be found in board policy DEC (LOCAL). It states:
An eligible District employee shall be granted five days of bereavement leave upon the death of a member of the employee’s immediate family [see Definitions, above]. Bereavement leave shall be taken with no loss of pay or other paid leave. Use of bereavement leave shall be limited to two occurrences in a school year. Bereavement leave shall be noncumulative.
Substitute or temporary employees shall not be eligible for bereavement leave.
The definition of “Immediate Family” can be found in board policy DEC (LOCAL). It defines immediate family as:
- Spouse
- Son or daughter, including a biological, adopted, or foster child, a son- or daughter-in-law, a stepchild, a legal ward, or a child for whom the employee stands in loco parentis.
- Parent, stepparent, parent-in-law, or other individual who stands in loco parentis to the employee.
- Sibling, stepsibling, and sibling-in-law.
- Grandparent, step-grandparent, grandchild, step-grandchild, and grandparent-in-law.
- Any person residing in the employee’s household at the time of illness or death.
If you have experienced a loss of someone in your immediate family you are eligible to apply for bereavement leave through your Frontline account. For instructions on how to apply please select: HOW TO APPLY FOR BEREAVEMENT LEAVE.
Catastrophic Illness Sick Leave Pool
Forms
Donation for Catastrophic Illness Sick Leave Pool
Catastrophic Illness Sick Leave Pool Procedures
A sick leave pool may be established from voluntary donations by district employees to assist a fellow employee who has a personal catastrophic illness or disability, or whose immediate family member has such illness or disability.
Definitions:
- Catastrophic Illness - A catastrophic illness or injury is a severe condition or combination of conditions affecting the mental or physical health of the employee that requires the services of a licensed practitioner for a prolonged period of time and that forces the employee to exhaust all leave time earned by that employee and to lose compensation from the District. Such conditions typically require prolonged hospitalization or recovery or are expected to result in disability or death. Conditions relating to pregnancy or childbirth shall be considered catastrophic if they meet the requirements of this paragraph. DEC (Local)
- Immediate Family - Immediate family includes parents, spouse, siblings, and children.
If the employee is unable to submit the request, a member of the employee’s family or the employee’s supervisor may submit the request to establish a sick leave pool.
To receive days from the pool:
- The requesting employee must first have used all state, local and extended leave, and vacation days.
- A request for the establishment of a sick leave pool shall be made in writing to the Superintendent using the Medical Certification form found on the JISD website.
- The Superintendent or designee shall initiate the sick leave pool for the employee and notify district staff.
- The sick leave pool shall be created by voluntary donations from district employees for a specific pool.
- The maximum number of days an employee can donate to each sick leave pool is three days.
- A sick leave pool shall consist of a maximum of 20 days in one school year.
- Once 20 days have been donated to a sick leave pool, contributions will no longer be accepted for that sick leave pool.
- An eligible employee is required to use all 20 sick leave pool days consecutively.
- If a sick leave pool was initiated for an employee in a previous school year and all 20 days were used, the employee can request a sick leave pool in a new school year if all criteria are met.
- Once released from the doctor, the sick pool is null and void.
The following exceptions shall apply to the consecutive-days requirement:
- The eligible employee may request an exception for bona fide intermittent treatment. In order for the exception to be considered, a written explanation from the attending physician must be submitted to the Superintendent.
- The eligible employee may request an exception if fewer than 20 days of a pool are used in one school year and additional days are needed later in that same school year. In order for the exception to be considered, a written request must be submitted to the Superintendent for a subsequent pool for the same illness or injury in the same school year. The eligible employee shall be limited to a maximum of 20 total pool days during that school year.
Unused Days:
Once days have been donated, they will not be returned.
Appeals:
All decisions regarding the establishment or implementation of the District’s sick leave pool may be appealed in accordance with DGBA (Local), beginning with the Superintendent or designee.
Family Medical Leave (FMLA) / Temporary Disability Leave (TDL)
Things You Should Know About FMLA and TDL:
Family Medical Leave Act
To be eligible for leave under the FMLA, an employee must meet all of the following criteria:
- Employed at a site where at least 50 employees work within a 75 mile radius
- Employed by the district for at least 12 months (the 12 months need not be consecutive)
- Worked 1,250 hours in the preceding 12 months.
Medical Certification - Any employee who is absent more than 5 consecutive days because of a personal or family illness must submit a medical certification from a qualified health care provider confirming the specific dates of the illness, the reason for the illness, and—in the case of personal illness—the employee’s fitness to return to work. The employee should submit a request for Family Medical Leave (FMLA).
Districts are required to grant eligible employees unpaid, job protected FML for the following qualifying events:
- An employee’s own serious health condition
- To care for a spouse, parent, or child with a serious health condition
- Birth of a child, to care for a healthy newborn, or placement of a child for adoption or foster care
- Both parents of the child are entitled to use leave to stay home with a healthy newborn or newly placed child [See DEC(LOCAL)]
- Leave following the birth or placement of a child may be taken only during the first 12 months following the event
- A qualifying exigency resulting from a covered family member’s active military duty or call to active duty status
- To care for a family member who is a covered U.S. service member or veteran who was injured in the line of duty (also referred to as military caregiver leave)
Eligible employees may take up to 12 weeks of unpaid leave for the first four reasons listed above in the 12-month period designated by local policy. Military caregiver leave may be taken for up to 26 weeks in a single 12-month period.
If an employee requests leave, the employee shall provide medical certification as required by FMLA regulations, of the need for leave. [See DECA(LEGAL)]
Requesting FMLA is done through the employee Frontline Central account. Once in your account, click on “My Forms” then “Forms I Can Start”. Click on Request for FML. The system will populate your information. Just fill in dates and the reason for your leave, upload the medical certification, sign and submit. When the request is approved or denied, you will receive a certified notification in the mail. For a step by step on how to apply for FMLA click here: How to apply for FMLA
You will be required to use your available paid leave during your FMLA absence. This means that you will receive your paid leave and the leave will also be considered protected FMLA leave and counted against your FMLA leave entitlement.
Family Medical Leave runs concurrently with all other protected leave, including Temporary Disability Leave.
Pay while on leave:
While an employee is out on leave, your state and local days will be used to compensate you according to board policy DEC (LEGAL AND LOCAL). Once your state and local days have been exhausted, a loss of pay will occur. The employee’s pay will be deducted based on the number of days not covered by available leave multiplied by the employee’s current daily rate. For an accurate balance of state and local leave availability, and to get information regarding payroll during your leave, please contact the Coordinator of Leaves, Benefits & Compensation at 817-202-2500 ext. 1020 or by email at claytona@joshuaisd.org.
You will be required to present a fitness-for-duty certificate prior to being restored to employment. If such certification is required but not received, your return to work may be delayed until such certification is provided. Please bring the doctor’s release to the Coordinator of Leaves, Benefits & Compensation at the Administration building prior to returning to your campus.
FMLA Certification of Adoption/Foster Care
Temporary Disability Leave
Any full-time employee whose position requires educator certification by the State Board for Educator Certification or by the District shall be eligible for temporary disability leave. The maximum length of temporary disability leave shall be 180 calendar days. [See DBB(LOCAL) for temporary disability leave placement and DEC(LEGAL) for return to active duty.]
The District shall require the employee to use temporary disability leave and paid leave concurrently with FMLA leave. [See DEC(LOCAL)]
Helpful Links
Workers' Compensation
Joshua ISD is focused on preventing accidents and ensuring safety to all employees. The information on this site will assist administrators, nurses and injured employees with the workers' compensation process. Please see the procedure manual for procedures and forms regarding workers compensation.
Procedures for Reporting a Work Related Injury
- Report all work related injuries to your principal/supervisor immediately even if you don’t think you will need medical treatment.
- See the school nurse for initial medical treatment during regular school hours and to complete required paperwork.
- The nurse will provide you with several documents to assist you in this process.
- If you have payroll deducted benefits and you are not receiving a JISD paycheck, you must make arrangements to pay for your insurance premiums. Please call 817-202-2500, ext. 1020.
- The Human Resources Department must be notified immediately when returning from a work related injury. The injured employee must present a written medical release Division of Workers’ Compensation Work Status Report DWC73 form signed by the attending physician to the Coordinator of Leaves, Benefits & Compensation in the Human Resources Department.
- If restrictions are indicated, your principal/supervisor will be notified and a decision will be made as to whether or not your restrictions can be accommodated.
- If there are not any restrictions, your principal/supervisor will be notified immediately that you are able to return to work.
- Review the TRS 22W Verification of Worker’s Compensation Payments form. Workers’ Compensation payments may be considered to determine creditable service and/or creditable compensation with the Teacher Retirement System.
- Please be aware that while absent from work, a district paycheck is not issued (unless you are using your accumulated leave, vacation days and/or compensatory time) and no funds and or contributions are sent to the Texas Teacher Retirement System (TRS), nor are days of absence being counted towards years of service with TRS.
Contact Information
Coordinator of Leaves, Benefits & Compensation
817-202-2500 ext. 1020
Insurica Risk & Claims Management
800-575-2657
