9/6/2023 0 Comments Personal days![]() An educator’s employment contract may not be terminated while on a leave of absence for temporary disability. Temporary disability leave covers inability to perform work duties due to pregnancy and postnatal recovery, but not child care. The educator must give the district written notice and a doctor’s statement of fitness at least 30 days before returning to duty. A TCTA-initiated law clarifies that a district may not deny assault leave based on the mental capacity of the assailant.ĭistricts must provide at least 180 calendar days of unpaid disability leave for any educator whose condition (as certified by a physician) interferes with the performance of work duties. If an employee requests assault leave in writing, the district must grant it immediately, and the leave may not be deducted from the employee’s accrued personal leave (unless the claim is found to be invalid). The law also allows up to two years of paid assault leave for teachers to recover from injuries suffered in a work-related assault. As a result, districts granting local leave may presumably restrict the purposes for which it can be used (e.g., requiring an employee to have a medical reason to request local sick leave), though this issue has not been litigated. This prohibition applies to state personal leave but may not apply to local personal leave. ![]() A district may not limit the reasons for which personal leave may be taken. The district may adopt a policy governing the use of personal leave, although legislative intent was that such policies should manage only the scheduling of personal days (for example, prohibiting the use of personal leave on student assessment days, the last day of school, etc.). Pursuant to a TCTA-initiated law, school employees may choose the order in which they take state and locally granted personal leave days. School districts have the discretion to provide additional personal leave beyond this minimum. Under state law, each school employee is entitled to five days of personal leave per year with no limit on accumulation. ![]()
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