Leaves of Absence
MCVSD Leaves of Absence
The information contained here is NOT legal advice.
If you have questions please reach out to the MCVEA president and the MCVSD HR/Personnel Department contact, Elaine Sansone (732-431-7942 Ext.5)
The following information was obtained from the MCVEA contract, MCVSD Board policy, State law and applicable NJEA information
It is important to note:
1) If you are on UNPAID sick leave and wish to continue your health plan coverage over the summer, you need to return from your leave by June 1.
2) You need to work 5 months within the work year to be eligible to move up a step on the salary guide for the next year.
3) When taking an unpaid leave of absence beyond using sick time, your union membership is put on hold. By purchasing a leave of absence membership, you maintain your active status in your union and maintain your access to:
NJEA Legal Services. An extensive legal services program is provided to all our members through their NJEA and NEA membership. This program provides protections should our members on a leave of absence experience issues with the structure of their leave, any payroll issues, returning to the district, etc.
NJEA Member Benefits. Our staff often provide assistance with our Member Benefit partners (including Prudential Disability Insurance) should issues occur. If you have any of our insurance products purchased at a discount because of your union membership, active membership is necessary to keep your policies in good standing. Continue to access your members’ only discounts while on your leave.
Access to the members’ only parts of njea.org and our publications. Stay in the know when it comes to what’s happening in education across our state and country.
Invitations to events and workshops. Continue to connect with your colleagues while out on your leave.
It is important to note that all leave time (FMLA, NJFLA) is non-pensionable time because it is unpaid time. You might consider “buying back” that time at a later date.
Sick leave - “Leave due to personal illness”
MCVEA Contract, Article X #1, under “Personnel”
District Policy #3212 - Attendance for Teaching Staff members
District Policy #4212 - Attendance for Support Staff
As of July 3, 2023 NJEA Legal Services Advisory: Sick Day Use Expanded
MCVSD School Policy: Rl642.0l SICK LEAVE District Regulation
Explanation:
Definition: In accordance with NJSA 18A:30-1, sick leave is defined to mean the absence from work because of a personal disability due to injury or illness or because the staff member has been excluded from school by the medical authorities on account of contagious disease or of being quarantined for such a disease in the staff member’s immediate household. Please READ the NJEA Legal Services Advisory: Sick Day Use Expanded
(As of July 2023) The Sick Leave Bill, A-5060/S-3440, was signed into law on July 3, 2023. The law expands the allowable use of sick days for public school staff. Under the prior law, the 10 annual statutory sick days were limited to use for your own illness, injury, or disability, or if you needed to quarantine due to your or a households member’s exposure to a contagious disease. Now, sick days can still be used for those purposes, but now can also be used for:
To recover from, or for the diagnoses or treatment of a health condition (mental or physical) or for preventative medical care;
To care for a family member who is sick, injured, needs diagnosis, treatment, or care of a condition (mental or physical) or needs preventative medical care;
To care for yourself or a family member who needs assistance due to being a victim of domestic or sexual violence, such as needing medical attention, services, counseling, to relocate, or for legal services or proceedings;
For bereavement of a family member (up to seven (7) days);
To attend a child’s school-related conference, meeting, function or other event at the request of a school staff member or a meeting related to the child’s health condition or disability; and If a child’s school or daycare is closed by the order of a public official, or due to a state of emergency or public health emergency.
You have 10 sick days per year as a 10 month employee. Sick days can be taken as half days.
In the event that you will be absent, call the District Substitute Coordinator at 848-444-0499.
Unused sick days will carry over to the next year. (Tally of sick days is at the bottom of your pay stub)
Be sure to keep a tally of your sick day usage. This number should be verified during your Summative evaluation at the end of the year. It may be discussed at that time.
No teaching staff member will be discouraged from prudent, necessary use of sick leave. However, the BOE/Supt may require a physician’s certificate in accordance with NJSA 18A:30-4.
MCVSD requires that you complete an absence form when you return to school (should receive it from the school secretary). If you are absent three or more consecutive days, a doctor’s note needs to be attached. (NJ State Statute regarding sick leave. It can also be found on this PDF, refer to p.6 lines 20-23. The district defers to the State law regarding reasonable documentation for reasons for absence.The documentation for public employees is State law that is why there is no need for the mention in our contract.)
Here is the excerpt from our District Regulations - refer to Part C."Permitted Usage of Earned Sick Leave – N.J.S.A. 34:11D-3", part 2b:
"For earned sick leave of three or more consecutive days, the employer will require reasonable documentation that the leave is being taken for the purpose permitted under N.J.S.A. 34:11D-3.a. and C.1. above."
"Reasonable documentation" refers to the doctor's note or other associated documentation if your reason for Sick Leave falls under the list above.
You are expected to provide substitute lesson plans during your absence.
FMLA - If you exceed 10 consecutive sick days due to a major medical condition AND you have worked 1,250 hours in the last 12 months,,\ FMLA (Federal Family Medical Leave Act) will automatically kick in on the 11th day. FMLA is only used for personal employee illness, not family/child illness. It is unpaid leave. It provides job security and maintains health coverage for up to 12 weeks in a 12-month period. Your sick days run concurrently with FMLA. FMLA is unpaid when you have no concurrent sick day bank. If that occurs, you will need to fund your portion of the premium.
Bereavement Leave
MCVEA Contract Article X #2 & #3
Explanation:
An employee may be absent from school duties without loss of pay for a period of not to exceed more than 5 days for each death in the immediate family (mother, father, spouse, child, sister, brother, grandparents, step-father, step-mother, step-child, step sibling, father-in-law, mother-in-law, son-in-law, daughter-in-law, grandchildren) Administration can request documentation of relationship. Leave must be taken within 7 days of the death unless permission has been granted by the Superintendent.
An employee may be absent from school duties without loss of pay for a period of 1 day for the death of a relative (uncle, aunt, niece, nephew, brother-in-law, sister-in-law, first cousin or anyone living with the immediate family of the employee. Administration can request documentation of the relationship. Leave must be taken within 7 days of the death unless permission has been granted by the Superintendent.
Personal Leave
MCVEA Contract Article X, #4
Explanation:
● Personal leave is defined as absence from employment, excluding vacation, for personal business other than defined within the contract which cannot be accomplished after scheduled working hours.
■ 3 personal days a year
■ Personal days can only be taken as whole days, not half days.
■ Unused personal days carry over as sick days to the next year.
■ Note the procedure for requesting a personal day under the contract Article X, #4b.
Family Illness
(also referred to a Emergency Absence due to illness in the family)
MCVEA Contract Article X, #6
Explanation:
1 day per year
Unused family illness day will carry over as a personal sick day in the following year.
You can take a 1/2 day family illness day.
Child Care Leave of Absence
MCVEA Contract Article X, #10
NJ Family Leave Act, NJFLA
District Policy #1643, Family Leave
Explanation:
● Available to any employee up to 1 year without loss of seniority or tenure
■ Child must be pre-school age or must require special attention as verified by medical documentation
■ Application for leave must be submitted 3 months prior to starting date
■ Time on leave does not count towards tenure or increment.
This leave requires application of the NJFLA, NJ Family Leave Act. It is applicable when caring for a child as noted above. NJFLA is unpaid leave that maintains your medical coverage. You are permitted to use it for up to 12 weeks in a 24 month period. Since it is unpaid leave, you can apply for NJFLI, NJ Family Leave Insurance. You should note that we are required to make payments to this State insurance plan (refer to your pay stub and look for the FLI line). The insurance covers approximately ⅔ of your pay. Although your medical coverage is maintained, you will be billed for your portion of the monthly premium while out on leave.
Maternity Leave
Federal Family and Medical Leave Act, FMLA applies in part I
NJ Family Leave Act, NJFLA applies in part 2
District Policy #1643, Family Leave
2 parts:
1) Disability period - female employee is disabled by pregnancy and childbirth
2) Child Rearing period - male or female employee is on leave to take care of a newborn or adopted child
Explanation:
Part 1: Disability period (applies to individual employee, not the baby)
Employee’s doctor directs the employee when to stop work and also certifies when the employee is fit to return to work. During the time when the employee’s doctor indicates that the employee can not work, she is considered to be disabled.
An employee can choose to exercise the right to disability leave for 30 calendar days before and 30 calendar days after the date of birth. Additional disability leave starting before or after this period may be claimed by the employee's doctor.
All employees are required to use accrued paid leave for their own personal illness or personal disability simultaneously with any leave guaranteed under the FMLA. (MCVSD Board Policy 1643)
If an employee does not have enough sick leave to cover the disability period, the Federal Family and Medical Leave Act (FMLA) will be the only leave in effect. The leave continues as unpaid, but health benefits and job security are maintained. Note, you will be billed for your portion of the monthly premium.
Once the employee’s disability ends, she may return to work or be eligible for a NJ State family leave (NJFLA) of up to 12 weeks for the purposes of child rearing. This time is without pay, but the district must continue to provide health benefits and job security. You can apply for the NJFLI (NJ Family Leave Insurance). Note, you pay for this insurance plan. Check your pay stub for the FLI contribution. Note, you will be expected to fund your share of the health coverage premium.
Once you are cleared by your doctor post-birth, the NJFLA kicks in and runs concurrently with the federal program. Now you are "in" Part 2, the child-bonding period and that 12 week clock begins.
Part 2: Child Rearing period - NJ Family Leave Act (NJFLA)
12 weeks of unpaid leave during any 24-month period
Periods of closure of school longer than one week (5 days) do not count as part of the 12 weeks (ie - Spring Break, Summer Break).
An employee who has been employed for 1,000 hours during the previous 12 month period is eligible.
Can be used intermittently with restriction.
Employee should provide his/her employer with prior notice of the leave “in a manner which is reasonable and practicable”. Give as much notice as possible.
Employer permitted to require certification from a health care provider
During the leave, you are entitled to the medical coverage provided under the MCVEA contract with the employer continuing to pay its required share of health care costs. Employees must pay their health care contribution cost while out on leave.
When they return to work, employee will be restored to the position held “when the leave commenced or to an equivalent position of like seniority, status, employment benefits, pay and other terms or conditions of employment”
Can be used for:
Caring for a seriously ill family member (spouse, child or parent)
Birth of or adoption of a child
Sample letter
The following letter should have the physician’s statement verifying the pregnancy and stating the expected due date.
Email your letter to - Superintendent, Board Secretary, Principal (optional)
Modify as necessary
Dear (Board Secretary):
Enclosed is a statement from my physician verifying my pregnancy and stating the approximate due date of birth.
I'm requesting a maternity/disability leave of absence to begin on or about ______.
Following the completion of my maternity/disability leave. I wish to be placed on an unpaid leave of absence in accordance with the New Jersey Family Leave Act. This leave will begin on or about ________ and end on or about______. I intend to apply to the State of New Jersey for Family Leave Insurance Benefits for the maximum time period available under law. I will submit the necessary forms for your completion within the time prescribed by law. At the end of my statutory family leave, I wish to continue the Child Care Leave in accordance with our contract (Article X #10) beginning on ______. Proper notification verifying my intent to return will be provided.
Note: When you return to work - District Policy #3421.13 and #4421.13, Postnatal Accommodations
The Board of Education recognizes teaching staff members may be returning to work shortly after their child’s birth and may need to express breast milk during the workday. The Patient Protection and Affordable Care Act (PPACA) amended Section 7 of the Federal Fair Labor Standards Act (FLSA) for nursing mothers to be permitted reasonable break times and a private location to express breast milk for their nursing child for one year after the child’s birth.
Jury Duty
Human Resources Dept, New Employee Handbook, 2022-2023
Explanation:
● Upon receipt of a jury duty notice, a copy should be sent to the Administrative office, Elaine Sansone (732-431-7942, x5) Alert your administrator too.
● When out on jury duty, the sub phone should be called each day. 848-444-0499
● On the last day of service you will receive a proof of service form that should be submitted to the office upon your return.
NJ Family Leave Insurance, NJFLI
District Policy #1643, Family Leave
NJ Division of Temporary Disability and Family Leave Insurance www.myleavebenefits.nj.gov
Explanation:
Note, qualification for application to NJFLA: must have worked 1,000 hours during the last 12 months
Provides eligible individuals a monetary benefit, not a leave benefit while they are on NJFLA unpaid leave.
Payment is approximately ⅔ of your weekly pay
Employee must file within first 30 days of leave - form on State of NJ Dept of Labor and Workforce website - Family Leave Insurance
Not paid over the summer
Federal Family & Medical Leave Act, FMLA
District Policy #1643, Family Leave
U.S.A. Dept of Labor: The Employee's Guide to the Family and Medical Leave Act
Qualification for application to FMLA: must have worked 1,250 hour in the last 12 months
Explanation:
12 weeks of unpaid leave during any 12-month period
During the leave, you are entitled to the medical coverage provided under the MCVEA contract with the employer continuing to pay its required share of health care costs. Employees must pay their contribution cost.
An employee who has been employed for at least 12 months and worked at least 1,250 hours during the previous12 month period is eligible.
Can be used intermittently with restriction
Employees must provide notice of their intention to take leave at least 30 days before the leave is expected to begin. Give as much notice as possible
Employer permitted to require certification from a duly-license or state approved health care provider
Return to work - employee will return to a similar job with at least the same compensation and similar responsibilities
Can be used for:
Disabling serious health condition of employee
Serious illness of your spouse, child or parent
Birth or adoption of a child or placement of a foster child in your care
Military family leave for any qualifying exigency arising from a family member’s being called to active duty
Military family leave to care for a service member with serious injury or illness.
Disability Income Insurance (recommendation)
Once you have used up your sick days and FMLA, you have no further financial protection through the school district. There is NO employer-sponsored policy or subsidy in place. It is recommended, but not required, that you consider purchasing a disability income insurance plan.
Do I need disability insurance? US News & World Report
Representatives from the following insurance companies have visited our schools in the past: Prudential, Aflac, MetLife.
Prudential Financial (NJEA/Educators Insurance Services, Inc.) offers a private disability insurance plan that you may be interested in researching. Refer to the NJEA.org website for more information.
American Disabilities Act - ADA accommodations eligibility
District Policy #1510
Reasonable accommodations, not directly affecting the educational and/or instructional program, will be made to accommodate employment conditions to the needs of qualified individuals with disabilities, such accommodations may include, but are not limited to: making existing facilities used by employees readily accessible to and usable by individuals with disabilities, job restructuring, part-time modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
Reach out to Elaine Sansone for the application paperwork as soon as possible. (732-431-7942 Ext.5)
ADA accommodation applications are required each year.
What happens if you run out of sick days and you’ve exhausted all your accumulated sick leave?
Governing Statute: N.J.S.A 18A:30-6 Prolonged absence beyond sick leave period
When absence, under the circumstances described in section 18A:30-1 of this article, exceeds the annual sick leave and the accumulated sick leave, the board of education may pay any such person each day’s salary less the pay of a substitute, if a substitute is employed or the estimated cost of the employment of a substitute if none is employed, for such length of time as may be determined by the board of education in each individual case. A day’s salary is defined as 1/200 of the annual salary.
The BOE has sole discretion to apply this extension of sick days and the consideration is on an individual basis. You need to make your case.
How do you maintain your MCVEA/MCEA/NJEA/NEA membership when out on unpaid leave?
When taking an unpaid leave of absence beyond using sick time, your union membership is put on hold. By purchasing a leave of absence membership, you maintain your active status in your union.
How much does it cost?
We offer the opportunity to maintain your union membership at a 50% reduction in dues for the months they are out. For example, if a member was out from November through the end of April, he or she would only have to pay three months of dues for a six-month time period.
How do I sign up?
Reach out to our Region 9 UniServ office at 732-403-8000. You will be connected with the NJEA Membership Department and information will be given to you so that you can send payment directly to NJEA Headquarters in Trenton. Also, be sure to alert your local Membership chairperson so that they are in the loop regarding your plans for leave.