33-1216. SICK AND OTHER LEAVE. (a) At the beginning of each new employment year and thereafter as necessary during the employment year, each noncertificated employee of any school district, including charter districts, who regularly works twenty (20) hours or more per week or certificated employee who works half time or more per week for a school district, including charter districts, shall be entitled to sick leave with full pay of one (1) day, as projected for the employment year for each month of service in which they work a majority portion of that month, subject to the limitations provided by this chapter. Sick leave for noncertificated employees shall be calculated proportionate to the average hours worked per day. Sick leave for certificated employees shall be calculated by the day, or percentage thereof, as defined in their individual employment contracts. The local board of trustees shall not provide compensation for unused sick leave. This shall not prohibit the local board of trustees from establishing a policy providing retirement severance pay.

(b) The board of trustees may require proof of illness adequate to protect the district against malingering and false claims of illness. Any accumulated sick leave earned prior to July 1, 1976, shall be used before the use of any accumulated sick leave earned subsequent to July 1, 1976.

Each local board of trustees may establish a policy governing leave for certificated and noncertificated employees in the case of illness or death of members of the families of such employees, for professional conferences and workshops, and for such other purposes as the board may determine.

(c) Each local board of trustees may establish a policy governing leave for certificated and noncertificated employees in the case of absence during a period for which the employee is paid by worker’s compensation. In addition the board may supplement the worker’s compensation payment by an amount not to exceed an amount which when combined with the worker’s compensation payment would be equal to the amount the employee would have been paid if he had not been injured. Supplementation may come from accrued vacation leave, compensatory time or sick leave time as may be provided in the policy of the district. Time for which a person is paid worker’s compensation shall not be allowed as straight sick leave which would result in duplicate compensation.

(d) The board of trustees of any school district, including any specially chartered district, may also grant a leave of absence to any certificated employee of such district for service to a professional educational organization of which such certificated employee is a member and has been elected to hold the office of president therein, such leave to be for a period not exceeding one (1) year. During the period of any such leave of absence the said certificated employee shall receive the same compensation and receive or accrue such other rights and benefits that he would have been entitled to or have received or accrued had he been present and working for the school district, and he shall remain an active member of the public employee retirement system of Idaho; provided that such professional educational organization shall first pay to the said school district an amount equal to any and all compensation, contributions to the public employee retirement system of Idaho and any other amounts paid to or accrued in the name of said employee during such period.

History:

[33-1216, added 1963, ch. 13, sec. 158, p. 27; am. 1972, ch. 120, sec. 1, p. 238; am. 1973, ch. 37, sec. 1, p. 71; am. 1974, ch. 112, sec. 1, p. 1278; am. 1976, ch. 226, sec. 1, p. 810; am. 1977, ch. 138, sec. 1, p. 298; am. 1979, ch. 129, sec. 1, p. 399; am. 2004, ch. 253, sec. 1, p. 724; am. 2005, ch. 377, sec. 1, p. 1216.]