Butte School District

THE BOARD OF TRUSTEES

5321

Leaves of Absence

Sick and Bereavement Leave

Collectively Bargained Employees
Collectively bargained employees will be granted sick leave according to the terms of the current applicable collective bargaining agreement.

Non-Collectively Bargained Employees

Non-collectively bargained classified employees will be granted sick leave benefits in accordance with § 2-18-618, MCA. For classified staff, “sick leave” means a leave of absence, with pay, for sickness suffered by an employee or his or her immediate family. “Immediate family” means the employee’s spouse and children residing in the employee’s household. Nothing in this policy guarantees approval of the granting of such leave in any instance. Each request will be judged by the District in accordance with this policy.

It is understood that seniority will accumulate while a teacher or employee is utilizing accumulated sick leave credits. Seniority will not accumulate, unless an employee is in a paid status. Abuse of sick leave is cause for discipline up to and including termination.

An employee who has a death in the immediate family will be eligible for bereavement leave. The Superintendent has authority to give bereavement leave of up to five (5) days. Bereavement leave of greater than five (5) days must be approved by the Board. Such leave will not exceed three (3) months unless prescribed by a physician.

Personal and Emergency Leave

Teachers and other employees covered by a collective bargaining agreement will be granted personal and emergency leave according to the terms of the current applicable collective bargaining agreement. Upon recommendation of the Superintendent, and in accordance with law and District policy, non-collectively bargained classified staff may be granted personal leave pursuant to the following conditions:

Leave will be without pay unless otherwise stated. If leaves are to include expenses payable by the District, the leave approval will so state.
The Superintendent, with approval of the Board, will have the flexibility, in unusual or exceptional circumstances, to grant personal leave to employees not covered by sick or annual leave. During any personal leave of greater than fifteen (15) days, the employee will not receive fringe benefits. During the leave, the employee may pay the District’s share of any insurance benefit program in order to maintain those benefits, provided such is acceptable to the insurance carrier. Staff using personal leave will not earn sick leave or annual leave credit or any other benefits during the approved leave of absence.

Civic Duties Leave

Leaves for service on either a jury or in the Legislature will be granted in accordance with state and federal law. A certified staff member hired to replace one serving in the Legislature does not acquire tenure.

An employee summoned to jury duty or subpoenaed to serve as a witness may elect to receive their regular salary or take annual leave during jury time. If the employee elects not to take annual leave, however, all juror and witness fees and allowances (except for expenses and mileage) must be remitted to the employer. An employer may request the court to excuse an employee from jury duty, if he or she is needed for proper operation of the school.

Legal Reference:
42 USC 2000e Equal Employment Opportunities
§ 2-18-601(10), MCA Definitions
§ 2-18-618, MCA Sick leave
§ 2-18-619, MCA Jury duty – Service as witness
§ 39-2-104, MCA Mandatory leave of absence for employees holding public office
§ 49-2-310, MCA Maternity leave – unlawful acts of employers
§ 49-2-311, MCA Reinstatement to job following pregnancyrelated leave of absence

Policy History:
Adopted on: 10/18/04
Revised on: 12/21/15