2012 ESP Handbook - Alabama Education Association

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• Sick leave is granted “upon request” – when you ask to use it, you can. It is presumed that you are using it for the reasons outlined in the law. • Failure to properly “request leave” for an absence can result in charges of neglect of duty. • Unused personal leave days can be converted into sick leave days at the end of the year. Family Medical Leave • Federal law (Family Medical Leave Act) requires this benefit of all businesses that employ over 50 employees. • Can be used for personal illness or injury, or attendance upon an ill family member or a new child. • To be eligible, employees must have worked a minimum of 1,250 hours during the previous year. • Employees can request up to 12 weeks of unpaid Family Medical Leave. Under some circumstances, boards may grant extensions. • During the leave, the board will continue to pay the state allocation of the employee’s health care premium (PEEHIP). This is only an advantage to those covered by PEEHIP. • If Family Medical Leave (FML) runs out before the employee is ready to return to work, the employee can request “unpaid leave” – no benefits are paid by the board once FML has expired. On-The-Job Injury • Report any injury within 24 hours to your immediate supervisor. This report may be verbal. However, we suggest giving a written report and retaining a copy of the report. (See sample.) In case you are physically unable to make this report, another person may make it for you. • Your school system may have established other notification procedures or forms by written policy. Check with your UniServ Director to determine if there are other procedures or forms to be completed. • Your school system may require medical certification from your physician if you are unable to return to work as a result of the injury. A second opinion from a physician may be required at the expense of the school system. This is the Law: 6 • Upon determination that you may not return to work as a result of the on-the-job injury, your salary and benefits shall be continued for a period of up to 90 work days. Your school system may have adopted policies that extend this period. Check with your UniServ Director concerning your school system’s policies. If you do not report your injury with 24 hours you will not be eligible for this on-the-job injury leave. • Additional expenses incurred by you because of the on-the-job injury may be filed for reimbursement with the State Board of Adjustment. These would include, but not be limited to, medical co-pays, prescriptions, and lost wages over 90 days. THIS CLAIM MUST BE FILED WITHIN ONE (1) YEAR OF THE INCIDENT. Your UniServ Director can provide you with assistance in filing your claim. Sick Leave Bank • Committee (elected from among participating employees) sets guidelines for operation. • Provides for “catastrophic leave” benefits – extended leave covered by days donated by other participating employees from any school system in Alabama. • Catastrophic leave may be used for pregnancy. • Only members of a sick leave bank can donate days or receive donated days in the event of a catastrophic illness. (continued on next page) Sample Initial Reporting Form: Employee Name __________________________ Date _________________________ School/Department _____________ _____________ Site of Injury __________ _____________ Description of Injury __________________________ Employee Signature _________ _________________ Supervisor’s Signature ____ _______________
Job Vacancy Posting • All jobs must be posted for at least 14 days (or at least seven (7) days during the school year). • All administrative positions or newly created positions must be posted for at least 14 days. • It is the employee’s responsibility to check the postings to see if jobs are available. Sunshine Law • All public bodies – including local school boards – must meet in public instead of behind closed doors. • Executive sessions can be held to discuss the “good name and character” of an individual. Alabama Meet-and-Confer Law • Provided in section 16-1-30, Code of Alabama. • Local policies affecting the rights of employees may not be adopted by a school board until the local association has reviewed it and submitted written input, if desired. • Applies to changes to policy, not just new policies. • Association should file an annual written statement with the superintendent telling him/her who to contact about policy issues. Local Budget Hearings • All boards must hold at least two open hearings on their proposed budget prior to submission to the State Department of Education. • Hearings must be publicized through local media outlets. • Questions on budget issues are allowed. This is the Law: 7 Personnel Files • Employee must be notified and given a report if anything negative is placed in his/her files. • “Personnel file” includes all records, paper and electronic, and communications pertaining to an employee in any storage area at school or central office. • Employee can attach a written statement of explanation or rebuttal to any document found in a personnel file; no time limits apply to this right. Fair Labor Standards Act (FLSA) Most education support employees are covered under the Fair Labor Standards Act (FLSA). • FLSA requires that all employees receive at least minimum wage. • All time worked over 40 hours per week must be compensated with pay or time at one and one-half regular wages. Background Checks • Beginning with the 2002-2003 school year, all current school employees who have unsupervised access to children are required to undergo fingerprinting for criminal background searches. • The results of the background checks are not released to local school boards. The state superintendent will review the reports and determine suitability. • Criminal convictions will be reviewed to determine suitability to be around children. • The state of Alabama will pay fees associated with the background checks for all current employees. Prospective employees must pay for their background reviews.
Page 1 and 2: ALABAMA EDUCATION ASSOCIATION EVERY
Page 3 and 4: Contents ESP - It’s a Matter of P
Page 5 and 6: Creation of ESP History of the AEA-
Page 7: Students First Act: • This law re
Page 11 and 12: Trades, Crafts, Machine Operators
Page 13 and 14: Dealing Positively with Students, C
Page 15 and 16: ➤ Provide for an employee improve
Page 17 and 18: Ten Reasons to Join and Be Active i
Page 19 and 20: Assistance from UniServ Director Th

2012 ESP Handbook - Alabama Education Association

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