This to respond to the questions posed about leave by those of you who read ‘The ABCs of Non-Discretionary Leave’. Several excellent questions were raised and it makes sense to share them and the answers with you.
Question #1: Can my Principal release me an hour early?
Yes, they have the authority to do so. EPISD Policy DEC(REGULATION) states, “An employee may be excused from duty by the principal and/or immediate supervisor for as much as one hour for an emergency or temporary illness. Any absences over one hour must be reported by the principal or immediate supervisor on the payroll sign-in roster.”
Question #2: What if I have Jury Duty, but am released?
EPISD Policy DEC(REGULATION) states: “ An employee who is absent for jury duty reasons and who is released from jury duty or placed on standby before noon should return to work regardless of whether a substitute has already been employed.”
It further states, “An employee who is released or placed on standby after noon should not return to work that day.
EPISD Policy DEC(LEGAL) states:
1. A district may not discharge, discipline, reduce the salary of, or otherwise penalize or discriminate against an employee because of the employee’s compliance with a summons to appear as a juror.
2. For each regularly scheduled workday on which a non-salaried employee serves in any phase of jury service, a district shall pay the employee the employee’s normal daily compensation.
3. An employee’s accumulated personal leave may not be reduced because of the employee’s service in compliance with a summons to appear as a juror. Education Code 22.006
Comment: If you are being docked leave for having appeared for jury duty, please contact Marlene,
Question #3: I was assaulted by a student. Am I eligible for Assault Leave?
I got four different versions of this question. So, before I talk about Assault Leave, two things:
1. Write a TEAMS referral and use the word Assault or Assaulted. Campus Administration can NOT tell you not to do so. If they do, get ahold of me.
2. File a report with EPISD Police Services. Campus Administration can NOT tell you not to do so. You are the victim, it is your decision, not theirs. If they do, get ahold of me.
That being said, EPISD Policy DEC(LEGAL) states:
“In addition to all other days of leave, a district employee who is physically assaulted during the performance of regular duties is entitled to the number of days of leave necessary to recuperate from physical injuries sustained as a result of the assault.
It further states:
“A district employee is physically assaulted if the person engaging in the conduct causing injury to the employee:0.
1. Could be prosecuted for assault; or
2. Could not be prosecuted for assault only because the person’s age or mental capacity makes the person a nonresponsible person for purposes of criminal liability.”
Now, for the important part:
“At the request of an employee, a district must immediately assign the employee to assault leave. Days of assault leave may not be deducted from accrued personal leave. Assault leave may not extend more than two years beyond the date of the assault. Following an investigation of the claim, a district may change the assault leave status and charge the leave against the employee’s accrued personal leave or against the employee’s pay if insufficient accrued personal leave is available.” Education Code 22.003(b)–(c-1)
Question #4: Are religious holidays Non-discretionary leave?
Sort of. EPISD Policy DEC(LEGAL) states, “A district shall reasonably accommodate an employee’s request to be absent from duty in order to participate in religious observances and practices, so long as it does not cause undue hardship on the conduct of district business. Such absence shall be without pay unless applicable paid leave is available. 42 U.S.C. 2000e(j), 2000e-2(a); Ansonia Bd. of Educ. v. Philbrook, 479 U.S. 60, (1986); Pinsker v. Joint Dist. No. 28J of Adams and Arapahoe Counties, 735 F.2d 388 (10th Cir. 1984)”
If you have an Administrator giving you a hard time for practicing or observing your faith, please contact me.
Question #5: Can my Principal deny leave if I have been subpoenaed to testify in a criminal case I where I am the complainant against a student?
Absolutely NOT! EPISD Policy DEC(LEGAL) states, “A district may not discharge, discipline, or penalize in any manner an employee because the employee complies with a valid subpoena to appear in a civil, criminal, legislative, or administrative proceeding. Labor Code 52.051(a)”
In fact, that is awful close to the Obstruction of Justice line, if not across it. Particularly, if your Principal and the student’s family are acquaintences.
In Solidarity,
Ross