Consistent contact with students and staff is important to the learning environment and district
operation and therefore is an essential duty of a professional staff member's position. When a
professional staff member is routinely tardy, frequently absent or is absent for an extended period
of time, the learning environment and district operations deteriorate, and the students suffer.
The district will allow professional staff members to be absent from their duties for the reasons and
the lengths of time listed in Board policy, as long as these absences are not excessive.
Professional employees may be terminated for excessive absences. Unless authorized by the Board
or the superintendent, an employee’s absence is considered excessive if it:
1. Is for a reason not granted as paid or protected leave under Board policy.
2. Exceeds the number of days allotted by the Board for that particular leave and is not
protected by law.
The district may require an employee to provide verification or certification of an illness from a
healthcare provider, satisfactory to the administration, before the district applies sick leave or other
applicable paid leave to the absence. In accordance with law, the district may require an employee
to present a certification of fitness to return to work whenever the employee is absent from work due
to the employee's health.
This policy does not apply to temporary or substitute staff members unless otherwise noted.
The following leaves with pay will be provided to full-time professional staff employees. Regular
part-time professional staff employees will receive these leaves on a pro rata basis.
I. Absence from Duty (AFD) Leave
Certificated employees who work nine and one-half and ten months will receive 13 AFD
leave days per year; 11-month employees will receive 14 AFD leave days per year; and 12-month employees will receive 15 AFD leave days per year. This leave may accumulate to
a maximum of 180 days. Part-time certificated employees shall receive AFD leave days on
a pro-rated basis.
Absences for the reasons described below are eligible for AFD leave:
1. Sick Leave – Absences may be charged against AFD leave for the following reasons:
a. Illness, injury or incapacity of the employee. The Board reserves the right to
require a healthcare provider's certification attesting to the illness or
incapacity of the claimant and/or inclusive dates of the professional
employee's incapacitation. Family and Medical Leave Act (FMLA) health
certification procedures apply to FMLA-qualifying absences, even if such
absences are paid sick leave. Verification of absences potentially qualifying
for FMLA shall proceed according to the FMLA rules, rather than this section
of the policy. (For more information regarding FMLA leave, see Board
b. Illness, injury or incapacity of a member of the professional employee's
immediate family in which instance it is necessary for the professional
employee to be with the member of his or her family during such incapacity.
(Note: “Family” for FMLA purposes is more limited.)
c. Illness, injury or incapacity of those of kinship residing within the
professional employee's household in which instance it is necessary for the
professional employee to be with the relative during such incapacity. (Note:
"Family" for FMLA purposes is more limited.)
d. Illness, injury, incapacity or death of other relatives with permission granted
by the Assistant Superintendent of Human Resources.
e. Pregnancy, childbirth and adoption leave in accordance with this policy.
Staff members who are ill are encouraged to stay home to promote healing and
reduce the risk of infecting others, especially during a pandemic or other significant
health event. In the event of a pandemic or other significant health event, schools
may be closed to all staff and students or just students. If schools are closed only to
students, staff members are expected to work regular schedules or use appropriate
Whenever possible, it is expected that requests for leave will be made to the proper
administrator in advance of the time the leave is requested. The administration will
respond promptly to the professional employee's request. However, 30 days' notice
is required by law if the leave qualifies as FMLA leave and such notice is practical.
If any professional employee is absent from school or no arrangements have been
made with the principal, the professional employee shall as soon as possible provide
reasons for such absence.
Excessive absence – The superintendent/designee specifically retains the authority
to request verification or certification, satisfactory to the administration, from an
employee regarding the reason for the employee’s absence whenever the
superintendent/designee has reason to believe that an employee may be absent in
violation of Board policy, or may otherwise be abusing the employee AFD leave
Any employee who does not submit such verification or certification, satisfactory to
the administration, within 15 days shall have deducted from his or her pay an amount
equal to the number of days absent times the professional employee's regular daily
pay, distributed equally over the remaining number of pay periods in that fiscal year.
Absence from duty without proper excuse or verification may be considered grounds
for disciplinary action and will result in the deduction of the appropriate number of
days pay at the professional employee's daily rate. (Divide the employee's annual
contractual salary, including supplementary pay contract if affected, by the number
of days specified in the contract.)
No employee will be disciplined or terminated for absences qualifying for protection
under the FMLA or other applicable law.
A professional employee, for the purpose of sick leave, shall be defined as an
employee in a position that requires certification.
2. Sick Leave Absence
All present employees who are eligible for the sick leave reserve as of the beginning
of the 1998-99 school year are grandfathered under the following policy.
After a professional employee has completed five consecutive years of service, or the
part-time equivalent thereof, in the School District of the City of St. Charles, 130
days of sick leave reserve will be credited to the professional employee to be used
only for the purpose of the professional employee's personal illness. Accumulated
sick leave combined with sick leave reserve shall not exceed 180 days. All current
and accumulated leave shall be expended before leave days can be deducted from the
130-day reserve. Any unused days of current sick leave and personal leave will, at
the end of the school year, be used to rebuild sick leave reserve to the 130 days
maximum only after the accumulated sick leave has reached 60 days.
Those professional employees returning to the school district, who left on a leave of
absence granted by the Board of Education, may recover their accumulated sick leave
and sick leave reserve as it was prior to their departure.
The professional employee shall be notified at the beginning of each school year the
total number of current and reserve sick leave days credited to him or her at that time.
3. Sick Leave for Extra-Duty Assignments
If, due to medical disability, an extra-duty sponsor or coach is unable to perform such
extra duty or coaching duties, the professional employee will be compensated for
such extra-duty assignment during the time of disability but not to exceed one year.
However, to be eligible for such disability pay, the professional employee/sponsor
must have completed at least five consecutive years of extra-duty contracts at the
time of disability and have been employed by the district in a teaching capacity for
at least five years.
4. Personal Leave
A maximum of three days of AFD leave will be available for personal leave per
school year. Professional employees will be granted leave under the following
► The principal shall be given five days prior notification when feasible.
► No more than three professional employees from one building may use
personal leave on any one day.
► Personal leave may not be used the day before or the day after winter/spring
► Request for the personal/professional leave day shall be made by completing
the proper authorization form located in the principal's office.
Any exceptions to the above must be approved by the Assistant Superintendent of
5. Educational Conference Leave
A maximum of one day of AFD leave will be available for an employee who chooses
to attend an educational conference at his or her own expense. Request for
Educational Conference Leave shall be made by completing the Professional Trip
Form and receiving prior approval to attend this conference from the
6. Religious Observance Leave
A maximum of two days of AFD leave will be available per school year for
mandatory religious observance. To be eligible for paid leave under this policy, the
employee must submit a religious observance request to his or her
principal/supervisor at least 30 days prior to the requested leave. In addition, leave
under this policy will only be granted for religious observance when the leave
requested is a day on which performance of work duties is prohibited by the
7. Bereavement Leave
Employees may use three days of paid bereavement leave and two additional days of
AFD Leave annually for bereavement for family or friends. Professional employees
whose assignment is less than 1.0 FTE may use three days of bereavement at the
equivalent hours per day of the teaching assignment for family or friends. An
example of this would be a professional employee teaching two hours per day would
receive three two-hour days of paid bereavement and two two-hour days of AFD
Leave for bereavement. These hours may not be combined; they must be used as
separate days. Requests for AFD leave beyond the two days allowed per policy will
be considered if submitted in writing to the Assistant Superintendent for Human
Resources. Such requests must include supporting documentation (e.g., funeral
8. Leave for Continuing Education
Leave may be granted to an employee for the purpose of entering a summer school
program on schedule or to remain in school until the close of the summer session.
The number of days absent shall be deducted from the employee's current or
accumulated sick leave.
9. Absences may be charged against AFD leave for court appearances, unless applicable
law or policy provides for paid leave, and for leaves authorized by law, policy or the
Board that would otherwise be unpaid including, but not limited to, leave under the
Pay for Unused Absence from Duty Leave
Effective beginning with the 2013–2014 school year, certified employees who have full-time
equivalent years of service (combined part-time and full-time FTE, this service does not have
to be continuous) in the St. Charles School District, as outlined below, will be paid for any
unused AFD leave (up to 150 days) for written notification of intent to retire/resign/separate
at the conclusion of the work agreement for that fiscal year at the following rates:
1–9 FTE equivalent
years of service
10–19 FTE equivalent
years of service
20 or more FTE equivalent
years of service
Payments will be made in January of the calendar year following the date of
If notice is not possible, the Board may make an exception to this policy.
In case of the death of an employee to whom pay for unused leave is owed pursuant to Board
policy, the unused leave will be paid to an individual designated by the employee. If no
designation is made, unused leave will not be compensated.
Workers' Compensation Insurance
Absence due to injury or illness incurred in the course of the employee's employment shall
not be charged against his or her AFD leave days for the period of the Workers'
Compensation total disability.
Administrators and other certificated personnel employed on a 12-month basis will receive
four weeks of vacation during the contracted year. An employee must submit a written
request for vacation to the superintendent or designee and receive written authorization
before taking vacation days. If the employee's absence may disrupt district operations, the
superintendent or designee has the discretion to deny a request for vacation or to limit the
time of year the employee may take his or her vacation. Ten vacation days can be carried
over every year with a deadline date of October 1 for using carry-over days.
Unused Vacation Days
An employee who terminates after one full year of employment will receive pay for unused
► Vacation days shall be prorated in accordance with the number of months served
during the fiscal year in which the employee terminates.
► Vacation used prior to termination shall be subtracted from the prorated vacation
► Employees will be paid for unused vacation days that exceed the number of prorated
days for which they are eligible.
► Employees who have used more vacation than the prorated number of days for which
they are eligible will have payment for the excess number of days deducted from their
Unless otherwise provided, the following leaves will be provided to full-time and part-time
The district will grant paid and unpaid holidays in accordance with the academic calendar
adopted by the Board. Employees whose assignments are based on a 12-month calendar will
be paid for seven holidays. Employees whose assignments are based on less than a 12-month
calendar will be paid for one holiday. Holidays may be modified or eliminated as needed
when the academic calendar is changed due to inclement weather or for other reasons.
Holidays may change from year to year. (See paid holiday eligibility/compensation.)
II. Professional Leave
Professional leave shall be granted to attend classes or conferences, meet with mentors or
participate in other professional growth activities. Professional leave must be approved by
the Assistant Superintendent for Curriculum and Instruction in accordance with budgeted
substitute days for professional leave, arranged well in advance and is not considered AFD
III. Military Leave
The Board shall grant military leave as required by law. Members of the National Guard or
any reserve component of the U.S. Armed Forces who are engaged in the performance of
duty or training will be entitled to a leave of absence of 120 hours in any federal fiscal year
(October 1 – September 30) without impairment of efficiency rating or loss of time, pay,
regular leave or any other rights or benefits. Employees shall provide the district an official
order verifying that they are required to report to duty.
IV. Election Leave
Any employee who is appointed as an election judge pursuant to state law may be absent on
any election day for the period of time required by the election authority. The employee must
notify the district at least seven days prior to any election in which the employee will serve
as an election judge. No employee will be terminated, disciplined, threatened or otherwise
subjected to adverse action based on the employee's service as an election judge.
V. Leave to Vote
Employees who do not have three successive hours free from work while the polls are open
will be granted a leave period of up to three hours to permit the employees three successive
hours while the polls are open for the purpose of voting. Requests for such leave must be
made prior to election day, and the employee's supervisors will designate when during the
workday the leave should be taken. Any employee who properly requests leave to vote and
uses the leave for that purpose will not be subject to discipline, termination or loss of wages
VI. Jury Duty Leave
An employee will be granted paid leave for time spent responding to a summons for jury
duty, time spent participating in the jury selection process or time spent actually serving on
a jury. An employee will not be terminated, disciplined, threatened or otherwise subjected
to adverse action because of the employee's receipt of or response to a jury summons.
All professional staff employees who are selected for petit jury service and participate as a
1. Be required to notify the Assistant Superintendent of Human Resources of this
2. Be paid at their regular daily rate;
3. Not be charged for personal leave;
4. Be required to assign their jury duty pay vouchers to the school district before
payment is made for days of jury service.
If, after appearing for jury selection, the individual is not selected as a juror, he or she must
present the notice from the sheriff's office to the Assistant Superintendent of Human
Resources in order to be paid for that day's absence.
VII. Leave for Court Subpoena – If the subpoena is directly related to the employee's school
duties, the employee will be released for court appearance without loss of leave. Other court
appearances will be deducted from AFD leave.
VIII. Firefighter Leave – Employees will be allowed to use AFD leave, vacation and/or unpaid
leave for any time taken to respond to an emergency in the course of performing duties as a
volunteer firefighter. For the purposes of this section, "volunteer firefighter" includes
members of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One, Urban
Search and Rescue Team or those activated by the Federal Emergency Management Agency
(FEMA) in times of national disaster. Employees covered under this section shall not be
terminated from employment for joining a volunteer fire department or for being absent from
or late to work in order to respond to an emergency. Employees shall make every reasonable
effort to notify the principal or supervisor if the employee may be absent from or late to work
under this section. Employees are required to provide their supervisors with a written
statement from the supervisor or acting supervisor of the volunteer fire department stating
that the employee responded to an emergency along with the time and date of the emergency.
IX. Crime Victim Leave – Any employee who is a crime victim, who witnesses a crime or who
has an immediate family member who is a crime victim will not be required to use vacation
or AFD leave in order to honor a subpoena to testify in a criminal proceeding, attend a
criminal proceeding or participate in the preparation of the criminal proceeding.
X. Civil Air Patrol Leave – Any employee who is a member of Civil Air Patrol and has
qualified for a Civil Air Patrol emergency service specialty or who is certified to fly
counternarcotics missions shall be granted unpaid leave to perform Civil Air Patrol
emergency service duty or counternarcotics missions without loss of time, regular leave or
any other rights or benefits in accordance with law. The leave is limited to 15 working days
in any calendar year, but is unlimited when responding to a state- or nationally declared
emergency in Missouri. The district may request that the employee be exempted from
responding to a specific mission.
XI. Coast Guard Auxiliary Leave – Employees who are members of the United States Coast
Guard Auxiliary will be granted an unpaid leave of absence for periods during which they
are engaged in the performance of United States Coast Guard or United States Coast Guard
Auxiliary duties, including travel related to such duties, when authorized by the director of
auxiliary or other appropriate United States Coast Guard Authority. Such leaves of absence
will be given without loss of time, regular leave or any other rights or benefits to which such
employees would otherwise be entitled. The leave is limited to 15 working days in any
calendar year, but is unlimited when responding to a state- or nationally declared emergency
in Missouri or upon any navigable waterway within or adjacent to the state of Missouri. The
district may request that an employee be exempted from responding to a specific mission.
Pregnancy, Childbirth and Adoption Leave
This section creates no rights extending beyond the contracted period of employment. FMLA
certification and recertification procedures apply to FMLA-eligible employees. An employee must
notify the district of the need for and anticipated duration of the leave at least 30 days before leave
is to begin, if foreseeable. If 30 days' notice is not practical, the employee must give as much notice
as possible. A pregnant employee shall continue in the performance of her duties as long as she is
able to do so and as long as her ability to perform her duties is not impaired, based on medical
Employees eligible for FMLA leave for the birth, first-year care, adoption or foster care of a child
will have such leave applied in accordance with the FMLA. The district shall only apply up to six
weeks of accrued paid leave to such absences.
Employees who are ineligible for FMLA leave may take up to six weeks of leave for the birth, first-year care, adoption or foster care of a child and may use any combination of accrued sick leave,
personal leave, vacation leave or unpaid leave.
Pregnant employees who need more than six weeks of paid or unpaid leave for a pregnancy-related
incapacity must provide certification of the medical necessity for such leave.
* * * * * * *
Note: The reader is encouraged to check the index located at the beginning of this section
for other pertinent policies and to review administrative procedures and/or forms for
Revised: 06/08/1999; 01/10/2002; 05/09/2002; 11/13/2003; 05/13/2004; 12/09/2004;
03/28/2005; 05/12/2005; 04/13/2006; 05/14/2009; 07/09/2009; 04/08/2010;
06/09/2011; 06/14/2012; 04/11/2013
Cross Refs: DLB, Salary Deductions
HA, Negotiations with Employee Representatives
HPA, Employee Walkouts, Strikes and Other Disruptions
Legal Refs: §§ 41.1000, .1005, 105.270 - .271, 115.102, .639, 168.122, 169.595, 320.200, .330 -
.339, 494.460, 595.209, RSMo.
Fair Labor Standards Act, 29 U.S.C. §§ 201 - 219
Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2611 - 2619
Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy
Discrimination Act, 42 U.S.C. § 2000e(k)
29 C.F.R. § 1604.10
Willis v. School Dist. of Kansas City, 606 S.W.2d 189 (Mo. Ct. App. 1980)
Stewart v. Board of Educ. of Ritenour, 574 S.W.2d 471 (Mo. Ct. App. 1978)
Aubuchon v. Gasconade County R-1 Sch. Dist., 541 S.W.2d 322 (Mo. Ct. App. 1976)
St. Charles School District, St. Charles, Missouri
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