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Personnel Handbook 2014-2015Arlington Classics AcademyPersonnel Procedures and Job-Related Information TABLE OF CONTENTSDISCLAIMER: Employee At-Will Status1. INTRODUCTION1.1.Welcome Letter1.2.About This Handbook1.3.About Arlington Classics Academy1.4.Acknowledgment of Receipt2. STARTING YOUR JOB2.1.Accuracy of Information2.2.Employment Applications & Other Forms2.3.Criminal History Background Checks2.4.New Employee Orientation3. REPORTING TO WORK3.1.Official Arlington Classics Academy Office Hours3.2.Regular Work Schedules3.3.Attendance4. TIME AWAY FROM WORK4.1.Holidays, School Breaks, Bad Weather Days4.2.State and Local Leave4.3.Family Medical Leave Act4.4Leaves In General5. BENEFITS5.1.Health5.2.Dental5.3.Vision5.4Teacher Retirement System of Texas6. WAGES & EXPENSES6.1.Payday6.2.Direct Deposit6.3.Mistake in Payroll or Expense Reimbursement6.4.Hours Worked: Exempt Employees6.5.Hours Worked: Non-Exempt Employees6.6.Attendance Records6.7.Travel Expense Reimbursements6.8.Deductions in Pay7. NON-DISCRIMINATION & ANTI-HARASSMENT7.1.Non-Discrimination7.2.Reasonable Accommodation7.3.Anti-Harassment7.4.Reporting Discrimination and/or Harassment8. EMPLOYMENT STANDARDS8.1.Expected Employee Conduct8.2.Violence in the Workplace8.3.Drug-Free Workplace8.4. Suspicious Behavior8.5.Former Employees8.6.Employee Dress Code8.7.Outside Employment8.8.Employee Monitoring8.9.Audio & Video Recordings8.10. Office Dating8.11. Workplace Investigations8.12. Updated/Current Employee Information8.13. Allowable Uses of School Property8.14. Computer & Internet Use8.15. Administration of Medication to Students8.16. Reporting Child Abuse/Child Neglect8.17. Traffic Violations8.18. Workers’ Compensation9. GRIEVANCE PROCEDURES9.1.Campus Principal Review of Complaint9.2.Executive Director Review of Complaint9.3.Board of Directors Review of Complaint10. DISCIPLINE11. SEPARATION FROM EMPLOYMENT11.1. Resignation11.2. DischargeAppendix A State and Local Educator Code of EthicsDISCLAIMER:This handbook does not create an employment contract. Employees are terminable at-will by the school. Similarly, employees may resign their positions without penalty. No individual board member or employee has the authority to alter any employee’s at-will status, or guarantee an employee’s employment for a specific period, unless the Board of Directors approves, in writing, and both the employee and the chair of the Board of Directors sign the agreement. Arlington Classics Academy reserves the right to amend or withdraw any or all provisions of the personnel handbook at any time with or without notice. Employees will be sent by electronic means any additions, amendments, or withdrawals of information from the personnel handbook within the course of the school year.1. INTRODUCTION1.1. Welcome to Arlington Classics AcademyLetter from Arlington Classics Academy’s Executive Director of Schools:Dear ACA Staff:Welcome to Arlington Classics Academy! We hope each of our teachers and staff members will have a productive and satisfying career here at one of Texas’ finest public charter schools. Arlington Classics Academy strives to create an exciting, challenging, and rewarding work environment. It is our desire that you build a successful relationship with Arlington Classics Academy and be a happy and productive member of our school community.This employee manual was prepared to help you become familiar with Arlington Classics Academy and its personnel standards and procedures. Please read the manual carefully. If you have questions or concerns speak with your supervisor. If you need further information or assistance, please contact Arlington Classics Academy’s Human Resources Department at (817)987-1819, ext 3001.On behalf of our Arlington Classics Academy extended family, thank you for joining us. We look forward to working with you.Sincerely, Betty Duncan CoonExecutive Director of Schools1.2. About this Personnel HandbookThe purpose of this personnel handbook is to provide employees with a source of information about Arlington Classics Academy’s procedures and policies. The policies and procedures in this handbook are to serve as guidelines. Although Arlington Classics Academy has tried to be comprehensive, the handbook does not, and cannot, include procedures and policies, which address every situation that may arise. Such a list would be limitless. ACA legal and local policies are available on the school’s home page at and a hard copy of the policies is available in the board room at the administration building at 5206 South Bowen Road, Arlington, TX 76017. Arlington Classics Academy has, and reserves, the right to adopt new procedures and policies, or modify, alter, change, or cancel existing policies and procedures at any time. Employees will be notified by email of any changes made to this document. Violation of any provision within this handbook may lead to disciplinary action up to and including discharge from employment. Please direct any questions regarding this handbook or any of the policies/procedures to your supervisor or to the Human Resources Department.1.3. About Arlington Classics Academy MissionThe mission of Arlington Classics Academy (ACA) is to equip a diverse student body with a commanding knowledge of western civilization, the origins of our liberty, and the ability to sustain that liberty through moral leadership.VisionThe vision of Arlington Classics Academy is to be an educational institution of academic excellence that provides an advanced college preparatory, liberal arts curriculum delivered through a classical style of instruction.About ACALocated in Arlington, Texas, ACA provides an academically challenging education for students in kindergarten through eighth grade. ACA has been rated academically "Exemplary" by the Texas Education Agency since 2006-2007 and each succeeding year. The school's goal is to provide a classical education and develop students who are fully armed with all tools western civilization offers. These tools include a clear understanding of American culture and those cultures that preceded it. Through implementation of the Core Knowledge concepts Arlington Classics Academy provides a challenging, enriching and rewarding educational experience to every child who attends.Historical OverviewA group of parents who wanted their children to experience an accelerated curriculum, Spanish, Art and Music, relatively small class sizes and a strict code of conduct that includes uniforms founded Arlington Classics Academy in 1999. Students from Tarrant and surrounding counties are eligible to attend ACA. Current practices remain true to the founding vision. In 2012-2013, approximately 1200 students will be enrolled in grades K-8. Fiscal ResponsibilityIn the summer of 2012, the Texas Education Agency provided official notification that Arlington Classics Academy had achieved Above Standard Achievement on its Charter School Financial Integrity Rating System of Texas. Grade ConfigurationAt Arlington Classics Academy, we have three campuses. Our primary campus is located at 2800 West Arkansas Lane, Arlington, TX and serves our K-2 students. Our intermediate and middle school campuses are located at 5200 South Bowen Road, Arlington, TX. Our intermediate campus serves grades 3-5 and our middle school campus serves grades 6-8.1.4. Acknowledgement of Receipt of Personnel HandbookThe information contained in this personnel handbook is important and I should consult with the Coordinator of Human Resources and Student Support if I have a question that is not answered in this handbook.I acknowledge that the Arlington Classics Academy personnel handbook does not create an employment contract or otherwise modify my at-will employment status. I understand that no one has the authority to alter an employee’s at-will status, or guarantee an employee’s employment for a specific period, unless the Board of Directors approves it. Board of Directors approval must be in writing and signed by the President of the Board and myself.I understand that Arlington Classics Academy may amend or withdraw any or all portions of this handbook at any time. I understand that it is my responsibility to comply with the provisions in this handbook, including any revisions, and that failure to comply may lead to disciplinary action up to and including dismissal from employment. I further acknowledge that any revised information may supersede, modify, or eliminate existing provisions within this handbook and that I will be notified of such changes. By remaining employed by Arlington Classics Academy following any modifications to this handbook, I thereby accept and agree to such changes.I acknowledge that I have read this handbook and agree to read any amendments of the handbook. I understand that I am required to sign and date this Acknowledgment of Receipt and return it to the Coordinator of Human Resources and Student Support. I understand that a copy of this form will be retained in my personnel file.Signature of EmployeeDatePrint Employee’s NameSTARTING YOUR JOB2.1. Accuracy of InformationArlington Classics Academy (ACA) relies upon the accuracy of information contained in the employment application, as well as the accuracy of other information presented throughout the hiring process and employment. Employees are expected to provide truthful and accurate information in connection with their employment at Arlington Classics Academy. Any falsification or misrepresentation in connection with application materials, or during the course of employment, is a serious offense and may lead to discharge from employment or non-selection of an applicant.2.2. Employment Application & Other FormsNew employees should complete/sign the following forms:Employment Application W-4 Employee’s Withholding Allowance FormI-9 Employment Eligibility FormEmployee Election Form to Withhold Certain Information from Public Access Acknowledgement of Receipt of Personnel HandbookAuthorization for Direct DepositApplicable Healthcare/Benefit FormsCriminal History Check AuthorizationInternet Usage AgreementLocal and State Educator Code of EthicsCurrent employees may be required to update or execute any of the above forms. Any employee who fails or refuses to complete the above forms or to provide Arlington Classics Academy with requested documentation may be subject to discipline, up to and including discharge from employment.In addition to completing the required forms, all employees must submit their service record and official transcripts to the Human Resources Department as required by the at will agreement with ACA.2.3. Criminal History Background ChecksA person may not be employed or serve as a teacher, substitute teacher, librarian, educational aide, administrator, or counselor unless the person has been approved by the Texas Education Agency following a review of the person’s National Criminal History Record Information. Each individual serving or expected to serve in the aforementioned roles will be expected to comply and submit the necessary information for the background check. Additionally, other employees and contractors subject to criminal background checks will be required to comply and submit the necessary information for the background check. See ACA 600.060 (Legal and Local).2.4. New Employee OrientationDuring the first few weeks of employment, an employee must attend an orientation that will include but is not limited to the following subject areas: ACA Culture and History, ACA Curriculum Standards, Core Knowledge Concepts, Professional Development and Appraisal System. Employees new to ACA must report for an orientation session, typically within the week prior to staff development for all ACA employees. 3. REPORTING TO WORK3.1. Official Arlington Classics Academy Office HoursIn grades K-2, students are in session from 8 a.m. until 3 p.m. At the intermediate and middle school, students are in session from 8:15 a.m. until 3:45 p.m. 3.2. Regular Work SchedulesStandard hours of operation for the public in the administrative office areas are from 8 a.m. until 4 p.m. Arlington Classics Academy has a standard workweek of forty (40) hours per week, excluding time off for lunch or other personal breaks. A typical teacher workday would be from 7:30 a.m. 4:00 p.m. with 30 minutes off for lunch.All full-time, non-exempt employees generally work a Monday through Friday schedule. Exempt employees (salaried) are expected to work the hours necessary to complete their assigned work to the satisfaction of their supervisor without regard to scheduled hours and without expectation of additional compensation.3.3. AttendanceArlington Classics Academy employees are expected to be reliable and punctual in reporting for work each scheduled day. If an employee will be late to work or is unable to work as scheduled, the employee should notify their supervisor in advance as soon as possible.Arlington Classics Academy recognizes there will be occasions when an illness or other personal event may result in an unscheduled absence. Poor attendance and/or repeated tardiness are disruptive to the operations of Arlington Classics Academy and may lead to disciplinary action, up to and including discharge from employment.Concerning student attendance, teachers and staff should be familiar with the district’s policies and procedures for attendance accounting. These procedures require minor students to have parental consent before they are allowed to leave campus. When absent from school, the student upon returning to school, must bring a note signed by the parent that describes the reason for the absence. These requirements are addressed in campus training and in the student handbook. Contact the campus principal for additional information.4. TIME AWAY FROM WORK4.1. Holidays, School Breaks, and Bad Weather DaysAll ACA employees are expected to follow the Board of Directors approved school district calendar. The calendar can be found on the ACA website at .The district may close schools because of bad weather or emergency conditions. When such conditions exist, the Executive Director of Schools will make the official decision concerning the closing of the district’s facilities. When it becomes necessary to open late, to release students early, or to cancel school, district officials may post a notice on the district’s Web site, facebook page, make contact through the School Reach Notification System and/or possibly notify the area radio and television stations:WBAP radioWFAA Channel 8 televisionKXAS Channel 5 televisionKRLD Channel 11 television4.2. State and Local LeaveAll ACA employees are granted 5 days per school year of state leave. ACA employees also receive 5 days of local leave per school year. State leave days accrue from year to year. Local leave does not accrue from year to year and unused local leave from one year does not roll over to the next school year. Local and state leave is granted in total at the beginning of the school year and is available for the employee’s use. Unless designated in writing from the employee, local leave is deducted first and then state leave. Daily rate pay deductions occur only after all local and state leave days are exhausted. 4.3 FAMILY MEDICAL LEAVE ACTThis introductory page outlines the contents of this policy on the Family and Medical Leave Act. Sections pertaining to General Leaves follows this section. Note:This policy addresses the Family Medical Leave Act. For provisions regarding Leaves In General, see the next section. See the following sections for statutory provisions on:Section I General ProvisionsApplicability to Schools -- Covered EmployerEmployee EligibilityQualifying Reasons for LeaveDefinitions ‘Next of Kin’Section II Leave Entitlement and UseAmount of leave Intermittent or Reduced Leave ScheduleSpecial Rules For Instructional EmployeesSubstitution of Paid LeaveContinuation of Health BenefitsReinstatement of School EmployeesSection III Notices and Medical CertificationNotices to EmployeeCertification of LeaveSection 4 Miscellaneous ProvisionsPreservation of RecordsProhibition Against Discrimination and RetaliationSECTION I: GENERAL PROVISIONS OF THE FMLA1. Applicability to Schools – Covered EmployerAll public elementary and secondary schools are “covered employers” under the FMLA, without regard to the number of employees employed. The term “employer” includes any person who acts directly or indirectly in the interest of the School to any of the School's employees. 29 U.S.C. 2611(4), 2618(a); 29 CFR 825.104(a)2. Employee Eligibility“Eligible employee” means an employee who:Has been employed by the School for at least 12 months. The 12 months need not be consecutive;Has been employed by the School for at least 1,250 hours of service during the 12-months immediately preceding the commencement of leave; andIs employed at a worksite where 50 or more employees are employed by the School within 75 miles of that worksite.29 U.S.C. 2611(2); 29 CFR 825.110[A School that has no eligible employees must comply with the requirements at GENERAL NOTICE, below.]3. Qualifying Reasons For LeaveThe School shall grant leave to eligible employees:For the birth of a son or daughter, and to care for the newborn child;For placement with the employee of a son or daughter for adoption or foster care [For the definitions of “adoption” and “foster care,” see 29 CFR 825.122];To care for the employee's spouse, son or daughter, or parent with a serious health condition;Because of a serious health condition that makes the employee unable to perform the functions of the employee's job [For the definition of “serious health condition,” see 29 CFR 825.113];Because of any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on covered active duty (or has been notified of an impending call or order to active duty) [For the definition of “covered military member,” see 29 CFR 825.126(b). For the definition of “covered active duty,” see 29 U.S.C. 2611(14)]; andTo care for a covered servicemember with a serious injury or illness incurred in the line of duty if the employee is the spouse, son, daughter, parent, or next of kin of the servicemember. [For the definitions of “covered servicemember” and “serious injury or illness,” see 29 U.S.C. 2611(15), (18)]29 U.S.C. 2612(a); 29 CFR 825.112For provisions regarding treatment for substance abuse, see 29 CFR 825.119.Qualifying ExigencyAn eligible employee may take FMLA leave for one or more of the following qualifying exigencies:Short-notice deployment.Military events and related activities.Childcare and school activities.Financial and legal arrangements.Counseling.Rest and recuperation.Post-deployment activities.Additional activities provided that the School and employee agree that the leave shall qualify as an exigency and agree to both the timing and duration.29 CFR 826.126Pregnancy or BirthBoth the mother and father are entitled to FMLA leave to be with a healthy newborn child (i.e., bonding time) during the 12-month period beginning on the date of birth. In addition, the mother is entitled to FMLA leave for incapacity due to pregnancy, for prenatal care, or for her own serious health condition following the birth of the child. The mother is entitled to leave for incapacity due to pregnancy even though she does not receive treatment from a health-care provider during the absence and even if the absence does not last for more than three consecutive calendar days. The husband is entitled to FMLA leave if needed to care for his pregnant spouse who is incapacitated, during her prenatal care, or following the birth of a child if the spouse has a serious health condition. [For the definition of “needed to care for,” see 29 CFR 825.124] 29?CFR 825.1204. Definitions ‘Next of Kin”“Next of kin of a covered servicemember” (for purposes of military caregiver leave) means:The blood relative specifically designated in writing by the covered servicemember as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. The designated individual shall be deemed to be the covered servicemember’s only next of kin; orWhen no such designation has been made, the nearest blood relative other than the covered servicemember’s spouse, parent, son, or daughter, in the following order of priority:Blood relatives who have been granted legal custody of the covered servicemember by court decree or statutory provisions,Brothers and sisters,Grandparents,Aunts and uncles, andFirst cousins.If there are multiple family members with the same level of relationship to the covered servicemember, all such family members shall be considered the covered servicemember’s next of kin and may take FMLA leave to provide care to the covered servicemember, either consecutively or simultaneously.29 CFR 825.127(b)(3)‘Parent’“Parent” (for purposes of family, medical, and qualifying exigency leave) means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a son or daughter. This term does not include parents “in law.” 29 CFR 825.122(b)For the definition of “parent of a covered servicemember” for purposes of military caregiver leave, see 29 CFR 825.127(b)(2).‘Son or Daughter’“Son or daughter” (for purposes of family and medical leave) means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and “incapable of self-care because of a mental or physical disability” at the time that FMLA leave is to commence. 29 CFR 825.122(c)For the definition of “son or daughter on active duty or call to active duty status” for purposes of qualifying exigency leave, see 29 CFR 825.126(b)(1).For the definition of “son or daughter of a covered servicemember” for purposes of military caregiver leave, see 29 CFR 825.127(b)(1).‘Spouse’“Spouse” means a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides, including common law marriage in states where it is recognized. 29 CFR 825.122(a)SECTION II: LEAVE ENTITLEMENT AND USE OF THE FMLA1. Amount of LeaveExcept in the case of military caregiver leave, an eligible employee's FMLA leave entitlement is limited to a total of 12 workweeks of leave during a 12-month period for any one or more of the qualifying reasons.A husband and wife who are employed by the same School may be limited to a combined total of 12 weeks of FMLA leave during any 12-month period if leave is taken for the birth of a son or daughter, the placement of a child for adoption or foster care, or to care for a parent with a serious health condition.29 U.S.C. 2612(a), (f); 29 CFR 825.120(a)(3), .200, .201Determining The 12-month PeriodExcept with respect to military caregiver leave, the School may choose any one of the following methods for determining the “12-month period” in which the 12 weeks of leave entitlement occurs:The calendar year;Any fixed 12-month “leave year,” such as a fiscal year or a year starting on an employee's “anniversary” date;The 12-month period measured forward from the date any employee's first FMLA leave begins; orA “rolling” 12-month period measured backward from the date an employee uses any FMLA leave.29 CFR 825.200(b)Military Caregiver LeaveA covered servicemember is (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury orillness.**The FMLA definitions of “serious injury or illness” for current service membersand veterans.An eligible employee whose spouse, son, daughter or parent is on covered active duty or called to covered active duty status may use his or her 12-week leave entitlement to address certain qualifying exigencies. In the case of military caregiver leave, an eligible employee's FMLA leave entitlement is limited to a total of 26 workweeks of leave during a “single 12-month period.” The “single 12-month period” is measured forward from the date an employee's first FMLA leave to care for the covered servicemember begins, regardless of the method used by the School to determine the 12-month period for other FMLA leaves. During the “single 12-month period,” an eligible employee's FMLA leave entitlement is limited to a combined total of 26 workweeks of FMLA leave for any qualifying reason. 29?CFR 825.200(f), (g)A husband and wife who are employed by the same School may be limited to a combined total of 26 weeks of FMLA leave during the “single 12-month period” if leave is taken as military caregiver leave, for the birth of a son or daughter, for the placement of a child for adoption or foster care, or to care for a parent with a serious health condition. 29 CFR 825.127(d)Summer Vacation and Other Extended BreaksIf the School’s activity temporarily ceases and employees generally are not expected to report for work for one or more weeks (e.g., a school closing for two weeks for the Christmas/New Year holiday), those days do not count against the employee’s FMLA leave entitlement. Similarly, the period during the summer vacation when the employee would not have been required to report for duty is not counted against the employee's FMLA leave entitlement. 29?CFR 825.200(h), .601(a)2. Intermittent or Reduced Leave ScheduleFMLA leave may be taken intermittently or on a reduced leave schedule under certain circumstances. “Intermittent leave” is FMLA leave taken in separate blocks of time due to a single qualifying reason. A “reduced leave schedule” is a leave schedule that reduces an employee's usual number of working hours per workweek, or hours per workday.For leave taken because of the employee’s own serious health condition, to care for a parent, son, or daughter with a serious health condition, or military caregiver leave, there must be a medical need for leave and it must be that such medical need can be best accommodated through an intermittent or reduced leave schedule. Leave due to a qualifying exigency may also be taken on an intermittent or reduced schedule basis. When leave is taken after the birth of a healthy child or placement of a healthy child for adoption or foster care, an employee may take leave intermittently or on a reduced leave schedule only if the School agrees.29 U.S.C. 2612(b); 29 CFR 825.202Transfer to Alternative PositionIf an employee requests intermittent or reduced schedule leave that is foreseeable based on planned medical treatment, the School may require the employee to transfer temporarily to an available alternative position for which the employee is qualified and which better accommodates recurring periods of leave than does the employee's regular position. 29 U.S.C. 2612(b)(2); 29 CFR 825.204Calculating Leave UseWhen an employee takes leave on an intermittent or reduced schedule, only the amount of leave actually taken may be counted toward the employee's leave entitlement. The School must account for intermittent or reduced schedule leave using an increment no greater than the shortest period of time that the School uses to account for use of other forms of leave, provided the increment is not greater than one hour. 29 CFR 825.2053. Special Rules For Instructional EmployeesSpecial rules apply to certain employees of the School. These special rules affect leave taken intermittently or on a reduced schedule, or taken near the end of an academic term (semester) by instructional employees.“Instructional employees” are those whose principal function is to teach and instruct students in a class, a small group, or an individual setting. This term includes not only teachers, but also athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. It does not include teacher assistants or aides who do not have as their principal job actual teaching or instructing, nor does it include auxiliary personnel such as counselors, psychologists, or curriculum specialists. It also does not include cafeteria workers, maintenance workers, or bus drivers.29 CFR 825.600Failure to Provide Notice of Foreseeable LeaveIf an instructional employee does not give required notice of foreseeable leave to be taken intermittently or on a reduced schedule, the School may require the employee to take leave of a particular duration or to transfer temporarily to an alternative position. Alternatively, the School may require the employee to delay the taking of leave until the notice provision is met. 29 CFR 601(b)20 Percent RuleIf an eligible instructional employee needs intermittent leave or leave on a reduced leave schedule to care for a family member with a serious health condition, to care for a covered servicemember, or for the employee's own serious health condition; the leave is foreseeable based on planned medical treatment; and the employee would be on leave for more than 20 percent of the total number of working days over the period the leave would extend, the School may require the employee to choose:To take leave for a period or periods of a particular duration, not greater than the duration of the planned treatment; orTo transfer temporarily to an available alternative position for which the employee is qualified, which has equivalent pay and benefits and which better accommodates recurring periods of leave than does the employee's regular position.“Periods of a particular duration” means a block or blocks of time beginning no earlier than the first day for which leave is needed and ending no later than the last day on which leave is needed, and may include one uninterrupted period of leave. If an employee chooses to take leave for “periods of a particular duration” in the case of intermittent or reduced schedule leave, the entire period of leave taken will count as FMLA leave.29 U.S.C. 2618(c); 29 CFR 825.601, .603Leave at the End of a SemesterAs a rule, the School may not require an employee to take more FMLA leave than the employee needs. The FMLA recognizes exceptions where instructional employees begin leave near the end of a semester. As set forth below, the School may in certain cases require the employee to take leave until the end of the semester.The school semester, or “academic term,” typically ends near the end of the calendar year and the end of spring each school year. In no case may a school have more than two academic terms or semesters each year for purposes of the FMLA.If the School requires the employee to take leave until the end of the semester, only the period of leave until the employee is ready and able to return to work shall be charged against the employee's FMLA leave entitlement. Any additional leave required by the School to the end of the semester is not counted as FMLA leave; however, the School shall maintain the employee's group health insurance and restore the employee to the same or equivalent job, including other benefits, at the end of the leave.29 U.S.C. 2618(d); 29 CFR 825.603More Than Five Weeks Before End of SemesterThe School may require an instructional employee to continue taking leave until the end of the semester if:The employee begins leave more than five weeks before the end of the semester;The leave will last at least three weeks; andThe employee would return to work during the three-week period before the end of the semester.During Last Five Weeks of SemesterThe School may require an instructional employee to continue taking leave until the end of the semester if:The employee begins leave during the last five weeks of the semester for any reason other than the employee’s own serious health condition or a qualifying exigency;The leave will last more than two weeks; andThe employee would return to work during the two-week period before the end of the semester.During Last Three Weeks of SemesterThe School may require an instructional employee to continue taking leave until the end of the semester if the employee begins leave during the three-week period before the end of the semester for any reason other than the employee’s own serious health condition or a qualifying exigency.29 CFR 825.6024. Substitution of Paid Leave (FMLA)Generally, FMLA leave is unpaid leave. However, an employee may choose to substitute accrued paid leave for unpaid FMLA leave. If an employee does not choose to substitute accrued paid leave, the School may require the employee to do so. The term “substitute” means that the paid leave provided by the School, and accrued pursuant to established policies of the School, will run concurrently with the unpaid FMLA leave. An employee's ability to substitute accrued paid leave is determined by the terms and conditions of the School's normal leave policy. 29 U.S.C. 2612(d); 29?CFR 825.207(a)Compensatory TimeIf an employee requests and is permitted to use accrued compensatory time to receive pay during FMLA leave, or if the School requires such use, the compensatory time taken may be counted against the employee's FMLA leave entitlement. 29?CFR 825.207(f)FMLA and Workers’ CompensationA serious health condition may result from injury to the employee “on or off” the job. If the School designates the leave as FMLA leave, the leave counts against the employee's FMLA leave entitlement. Because the workers' compensation absence is not unpaid, neither the employee nor the School may require the substitution of paid leave. However, the School and an employee may agree, where state law permits, to have paid leave supplement workers' compensation benefits.If the health-care provider treating the employee for the workers' compensation injury certifies that the employee is able to return to a “light duty job” but is unable to return to the same or equivalent job, the employee may decline the School’s offer of a “light duty job.” As a result, the employee may lose workers' compensation payments, but is entitled to remain on unpaid FMLA leave until the employee's FMLA leave entitlement is exhausted. As of the date workers' compensation benefits cease, the substitution provision becomes applicable and either the employee may elect or the School may require the use of accrued paid leave. 29 CFR 825.207(d)5. Continuation of Health Benefits (FMLA)During any FMLA leave, the School must maintain the employee's coverage under any group health plan on the same conditions as coverage would have been provided if the employee had been continuously employed during the entire leave period.An employee may choose not to retain group health plan coverage during FMLA leave. However, when the employee returns from leave, the employee is entitled to be reinstated on the same terms as before taking leave without any qualifying period, physical examination, exclusion of pre-existing conditions, and the like. 29 U.S.C. 2614(c); 29 CFR 825.209Payment of PremiumsDuring FMLA leave, the employee must continue to pay the employee’s share of group health plan premiums. If premiums are raised or lowered, the employee would be required to pay the new premium rates. 29 CFR 825.210Failure to Pay PremiumsUnless the School has an established policy providing a longer grace period, the School’s obligations to maintain health insurance coverage cease if an employee's premium payment is more than 30 days late. In order to terminate the employee’s coverage, the School must provide written notice to the employee that the payment has not been received. Such notice must be mailed to the employee at least 15 days before coverage is to cease, advising that coverage will be dropped on a specified date at least 15 days after the date of the letter unless the payment has been received by that date. Coverage for the employee may be terminated at the end of the 30-day grace period, if the required 15-day notice has been provided.Upon the employee's return from FMLA leave, the School must still restore the employee to coverage/benefits equivalent to those the employee would have had if leave had not been taken and the premium payment(s) had not been missed. The employee may not be required to meet any qualification requirements imposed by the plan, including any new preexisting condition waiting period, to wait for an open season, or to pass a medical examination to obtain reinstatement of coverage. 29 CFR 825.212Recovery of Benefit CostIf an employee fails to return to work after FMLA leave has been exhausted or expires, a School may recover from the employee its share of health plan premiums during the employee’s unpaid FMLA leave, unless the employee’s failure to return is due to one of the reasons set forth in the regulations. The School may not recover its share of health insurance premiums for any period of FMLA leave covered by paid leave. 29 CFR 825.213Right to ReinstatementOn return from FMLA leave, an employee is entitled to be returned to the same position the employee held when leave began, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An employee is entitled to reinstatement even if the employee has been replaced or his or her position has been restructured to accommodate the employee's absence. However, an employee has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period. 29 CFR 825.214(a), .216(a)Moonlighting During LeaveIf the School has a uniformly applied policy governing outside or supplemental employment, the policy may continue to apply to an employee while on FMLA leave. A School that does not have such a policy may not deny FMLA benefits on the basis of outside or supplemental employment unless the FMLA leave was fraudulently obtained. 29 U.S.C. 2618(e); 29 CFR 825.216(e)6. Reinstatement of School EmployeesThe School shall make the determination of how an employee is to be restored to “an equivalent position” upon return from FMLA leave on the basis of established Board policies and practices. The “established policies” must be in writing, must be made known to the employee before the taking of FMLA leave, and must clearly explain the employee's restoration rights upon return from leave. Any established policy which is used as the basis for restoration of an employee to “an equivalent position” must provide substantially the same protections as provided in the FMLA. For example, an employee may not be restored to a position requiring additional licensure or certification. 29 CFR 825.604Pay Increases and BonusesAn employee is entitled to any unconditional pay increases that may have occurred during the FMLA leave period, such as cost of living increases. Pay increases conditioned upon seniority, length of service, or work performed must be granted in accordance with the School’s policy or practice with respect to other employees on an equivalent leave status for a reason that does not qualify as FMLA leave.Equivalent pay includes any bonus or payment, whether it is discretionary or non-discretionary. However, if a bonus or other payment is based on the achievement of a specified goal such as hours worked, products sold, or perfect attendance, and the employee has not met the goal due to FMLA leave, then the payment may be denied, unless otherwise paid to employees on an equivalent leave status for a reason that does not qualify as FMLA leave. For example, if an employee who used paid vacation leave for a non-FMLA purpose would receive the payment, then an employee who used paid vacation leave for an FMLA-protected purpose also must receive the payment. 29 CFR 825.215(c)Key EmployeesThe School may deny job restoration to a key employee if such denial is necessary to prevent substantial and grievous economic injury to the operations of the School. 29 U.S.C. 2614(b); 29 CFR 825.217–.219SECTION III: NOTICES AND MEDICAL CERTIFICATION CONCERNING FMLA1. Notices to EmployeeEvery covered employer must post on its premises a notice explaining the FMLA's provisions and providing information concerning the procedures for filing complaints with the Department of Labor’s Wage and Hour Division. The notice must be posted prominently where it can be readily seen by employees and applicants for employment. Covered employers must post this general notice even if no employees are eligible for FMLA leave.If the School has any eligible employees, it shall also:Include the notice in employee handbooks or other written guidance to employees concerning employee benefits or leave rights, if such written materials exist; orDistribute a copy of the general notice to each new employee upon hiring.Electronic posting is sufficient if it meets the other requirements of this section. If the School’s workforce is comprised of a significant portion of workers who are not literate in English, the School shall provide the general notice in a language in which the employees are literate.The School may use Department of Labor (DOL) form WHD 1420 or may use another format so long as the information provided includes, at a minimum, all of the information contained in that notice.29 CFR 825.300(a)Eligibility NoticeWhen an employee requests FMLA leave, or when the School acquires knowledge that an employee's leave may be for an FMLA-qualifying reason, the School must notify the employee of the employee's eligibility to take FMLA leave. If the employee is not eligible for FMLA leave, the notice must state at least one reason why the employee is not eligible.The School must provide the eligibility notice within five business days, absent extenuating circumstances. Notification of eligibility may be oral or in writing. The School may use DOL form WH-381 to provide such notification to employees. The School shall translate the notice in any situation in which it is required to translate the general notice. 29 CFR 825.300(b)Rights and Responsibilities NoticeEach time the School provides an eligibility notice to an employee, the School shall also provide a written rights and responsibilities notice. The rights and responsibilities notice must include the information required by the FMLA regulations at 29 CFR 825.300(c)(1).The School may use DOL form WH-381 to provide such notification to employees. The School may adapt the prototype notice as appropriate to meet these notice requirements. The notice may be distributed electronically if it meets the other requirements of this section. The School shall translate the notice in any situation in which it is required to translate the general notice. 29 CFR 825.300(c)Designation NoticeWhen the School has enough information to determine whether leave is being taken for an FMLA-qualifying reason, the School must notify the employee whether the leave will be designated as FMLA leave. If the School determines that the leave will not be designated as FMLA-qualifying, the School must notify the employee of that determination. Absent extenuating circumstances, the School must provide the designation notice within five business days.The School may use DOL form WH-382 to provide such notification to employees. If the leave is not designated as FMLA leave because it does not meet the requirements of the Act, the notice to the employee that the leave is not designated as FMLA leave may be in the form of a simple written statement.The designation notice must include the information required by the FMLA regulations at 29 CFR 825.300(d)(1) (substitution of paid leave), (d)(3) (fitness for duty certification), and (d)(6) (amount of leave charged against FMLA entitlement). For further provisions on designation of leave, see 29 CFR 825.301.29 CFR 825.300(d)Retroactive DesignationThe School may retroactively designate leave as FMLA leave, with appropriate notice to the employee, if the School’s failure to timely designate leave does not cause harm or injury to the employee. In addition, the School and an employee may agree that leave will be retroactively designated as FMLA leave. 29 CFR 825.301(d)2. Notice to Employer Regarding Use of FMLAAn employee giving notice of the need for FMLA leave must state a qualifying reason for the leave and otherwise satisfy the requirements for notice of foreseeable and unforeseeable leave, below. The employee does not need to expressly assert rights under the Act or even mention the FMLA. 29 CFR 825.301Foreseeable LeaveAn employee must provide at least 30 days’ advance notice before FMLA leave is to begin if the need for leave is foreseeable based upon an expected birth, placement for adoption or foster care, or planned medical treatment of the employee, a family member, or a covered servicemember. If 30 days’ notice is not practicable, the employee must give notice as soon as practicable. For leave due to a qualifying exigency, the employee must provide notice as soon as practicable regardless of how far in advance the leave is foreseeable.When planning medical treatment, the employee must consult with the School and make a reasonable effort to schedule the treatment so as not to disrupt unduly the School’s operations, subject to the approval of the health-care provider. 29 CFR 825.302Unforeseeable LeaveWhen the approximate timing of leave is not foreseeable, an employee must provide notice to the School as soon as practicable under the facts and circumstances of the particular case. It generally should be practicable for the employee to provide notice of leave that is unforeseeable within the time prescribed by the School’s usual and customary notice requirements applicable to such leave. 29 CFR 825.303Compliance with School RequirementsThe School may require an employee to comply with its usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. If an employee does not comply with usual notice and procedural requirements, and no unusual circumstances justify the failure to comply, FMLA leave may be delayed or denied. 29 CFR 825.302(d)–.303(c)3. Certification of Leave (FMLA)The School may require that an employee's FMLA leave be supported by certification, as described below. The School must give notice of a requirement for certification each time certification is required. At the time the School requests certification, the School must advise the employee of the consequences of failure to provide adequate certification. 29 CFR 825.305(a)TimingIn most cases, the School should request certification at the time the employee gives notice of the need for leave or within five business days thereafter or, in the case of unforeseen leave, within five business days after the leave commences. The School may request certification at a later date if the School later has reason to question the appropriateness of the leave or its duration. The employee must provide the requested certification to the School within 15 calendar days after the School’s request, unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. 29 CFR 825.305(b)Incomplete or Insufficient CertificationThe School shall advise an employee if it finds a certification incomplete or insufficient and shall state in writing what additional information is necessary to make the certification complete and sufficient. The School must provide the employee with seven calendar days (unless not practicable under the particular circumstances despite the employee's diligent, good faith efforts) to cure any such deficiency.A certification is “incomplete” if one or more of the applicable entries have not been completed. A certification is “insufficient” if it is complete, but the information provided is vague, ambiguous, or non-responsive. A certification that is not returned to the School is not considered incomplete or insufficient, but constitutes a failure to provide certification. 29 CFR 825.305(c)Medical Certification of Serious Health ConditionWhen leave is taken because of an employee's own serious health condition, or the serious health condition of a family member, the School may require the employee to obtain medical certification from a health-care provider. The School may use DOL optional form WH-380-E when the employee needs leave due to the employee's own serious health condition and optional form WH-380-F when the employee needs leave to care for a family member with a serious health condition. The School may not require information beyond that specified in the FMLA regulations.An employee may choose to comply with the certification requirement by providing the School with an authorization, release, or waiver allowing the School to communicate directly with the health-care provider.For the definition of “health-care provider,” see 29 CFR 825.125. 29 CFR 825.306Genetic InformationA School subject to the Genetic Information Nondiscrimination Act (GINA) shall comply with the GINA rules with respect to a request for medical information. 29 CFR 1635.8(b)(1)(i)(A) [See DAB]Authentication and ClarificationIf an employee submits a complete and sufficient certification signed by the health-care provider, the School may not request additional information from the health-care provider. However, the School may contact the health-care provider for purposes of clarification and authentication of the certification after the School has given the employee an opportunity to cure any deficiencies, as set forth above. To make such contact, the School must use a health-care provider, a human resources professional, a leave administrator, or a management official. Under no circumstances may the employee's direct supervisor contact the employee's health-care provider.“Authentication” means providing the health-care provider with a copy of the certification and requesting verification that the information on the form was completed and/or authorized by the health-care provider who signed the document; no additional medical information may be requested.“Clarification” means contacting the health-care provider to understand the handwriting on the certification or to understand the meaning of a response. The School may not ask the health-care provider for additional information beyond that required by the certification form. The requirements of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule must be satisfied when individually identifiable health information of an employee is shared with the School by a HIPAA-covered health-care provider. 29 CFR 825.307(a) Second and Third OpinionsIf the School has reason to doubt the validity of a medical certification, the School may require the employee to obtain a second opinion at the School’s expense. If the opinions of the employee's and the School’s designated health-care providers differ, the School may require the employee to obtain certification from a third health-care provider, again at the School’s expense. 29 CFR 825.307(b), (c)Foreign Medical CertificationIf the employee or a family member is visiting another country, or a family member resides in another country, and a serious health condition develops, the School shall accept medical certification as well as second and third opinions from a health-care provider who practices in that country. If the certification is in a language other than English, the employee must provide the School with a written translation of the certification upon request. 29 CFR 825.307(f)RecertificationThe School may request recertification no more often than every 30 days and only in connection with an absence by the employee, except as set forth in the FMLA regulations. The School must allow at least 15 calendar days for the employee to provide recertification.As part of the recertification for leave taken because of a serious health condition, the School may provide the health-care provider with a record of the employee's absence pattern and ask the health-care provider if the serious health condition and need for leave is consistent with such a pattern. 29 CFR 308Certification ---Qualifying Exigency LeaveThe first time an employee requests leave because of a qualifying exigency, the School may require the employee to provide a copy of the covered military member's active duty orders or other documentation issued by the military which indicates that the covered military member is on active duty or call to active duty status in support of a contingency operation, and the dates of the covered military member's active duty service.The School may also require that the leave be supported by a certification that addresses the information at 29 CFR 825.309(b). The School may use DOL optional form WH-384, or another form containing the same basic information, for this certification. The School may not require information beyond that specified in the regulations. 29 CFR 825.309Certification ---Military Caregiver LeaveWhen an employee takes military caregiver leave, the School may require the employee to obtain a certification completed by an authorized health-care provider of the covered servicemember. In addition, the School may request that the employee and/or covered servicemember address in the certification the information at 29?CFR 825.310(c). The School may also require the employee to provide confirmation of a covered family relationship to the seriously injured or ill servicemember.The School may use DOL optional form WH-385, or another form containing the same basic information, for this certification. The School may not require information beyond that specified in the regulations. The School must accept as sufficient certification “invitational travel orders” (“ITOs”) or “invitational travel authorizations” (“ITAs”) issued to any family member to join an injured or ill servicemember at his or her bedside.The School may seek authentication and/or clarification of the certification under the procedures described above. Second and third opinions, and recertifications, are not permitted for leave to care for a covered service member. 29 CFR 825.310Intent to Return to WorkThe School may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. The School’s policy regarding such reports may not be discriminatory and must take into account all of the relevant facts and circumstances related to the individual employee's leave situation. 29?CFR 825.311Fitness for Duty CertificationAs a condition of restoring an employee who took FMLA leave due to the employee's own serious health condition, the School may have a uniformly applied policy or practice that requires all similarly situated employees (i.e., same occupation, same serious health condition) who take leave for such conditions to obtain and present certification from the employee's health-care provider that the employee is able to resume work. The School may require that the certification specifically address the employee's ability to perform the essential functions of the employee's job. 29?CFR 825.312Failure to Provide CertificationIf the employee fails to provide the School with a complete and sufficient certification, despite the opportunity to cure, or fails to provide any certification, the School may deny the taking of FMLA leave. This provision applies in any case where the School requests a certification, including any clarifications necessary to determine if certifications are authentic and sufficient. 29?CFR 825.305For failure to provide timely certification of foreseeable leave, see 29 CFR 825.313(a). For failure to provide timely certification of unforeseeable leave, see 29 CFR 825.313(b). For failure to provide timely recertification, see 29 CFR 825.313(c). For failure to provide timely fitness-for-duty certification, see 29 CFR 825.313(d).SECTION IV: MISCELLANEOUS PROVISIONS OF THE FMLA1. Preservation of RecordsThe School shall make, keep, and preserve records pertaining to its obligations under the FMLA in accordance with the recordkeeping requirements of the Fair Labor Standards Act (FLSA) and the FMLA regulations. The School shall keep these records for no less than three years and make them available for inspection, copying, and transcription by representatives of the DOL upon request.If the School is preserving records electronically, the School must comply with 29 CFR 825.500(b). A School that has eligible employees must maintain records with the data set forth at 29?CFR 825.500(c). A School that has no eligible employees must maintain just the data at 29 CFR 825.500(c)(1). For Schools in a joint employment situation, see 29 CFR 825.500(e).Records and documents relating to certifications, recertifications, or medical histories of employees or employees’ family members, created for purposes of FMLA, shall be maintained as confidential medical records in separate files/records from the usual personnel files. If the Americans with Disabilities Act (ADA) is also applicable, such records shall be maintained in conformance with ADA confidentiality requirements [see 29 CFR 1630.14(c)(1)], except as set forth in this section of the regulations. 29 CFR 825.5002. Prohibition Against Discrimination and Retaliation (FMLA)The FMLA prohibits interference with an employee's rights under the law, and with legal proceedings or inquiries relating to an employee's rights. 29 U.S.C. 2615; 29 CFR 825.220Note:The following policy addresses leaves in general. For provisions regarding the Family and Medical Leave Act (FMLA), including FML for an employee seeking leave because of a relative’s military service, see the section addressing FMLA. For provisions addressing leave for an employee’s military service, see that section.4. 4 LEAVES IN GENERALState Leave and State Personal LeaveThe School shall provide employees with five days per year of state personal leave, with no limit on accumulation and no restrictions on transfer among Schools. The School may provide additional personal leave beyond this minimum.The Board may adopt a policy governing an employee’s use of state personal leave, except that the policy may not restrict the purposes for which the leave may be used. Education Code 22.003(a)State Sick Leave (Accumulated Prior to 1995)School employees retain any sick leave accumulated as state minimum sick leave under former Section 13.904(a) of the Education Code. Accumulated state sick leave shall be used only for the following:1. Illness of the employee.Illness of a member of the employee’s immediate family.Family emergency.Death in the employee’s immediate family.Acts of the 74th Legislative Session, Senate Bill 1, Sec. 66Former Education Service Center (ESC) EmployeesThe School shall accept the sick leave accrued by an employee who was formerly employed by a regional education service center (ESC), not to exceed five days per year for each year of employment. Education Code 8.007Order of UseThe Board’s policy governing an employee’s use of state personal leave may not restrict the order in which an employee may use state personal leave and any additional personal leave provided by the School.An employee who retains any state sick leave is entitled to use the state sick leave, state personal leave, or local personal leave in any order to the extent that the leave the employee uses is appropriate to the purpose of the leave. If not otherwise specified in writing, ACA will deduct local leave first and then state leave.Education Code 22.003(a), (f)Temporary DisabilityEach full-time educator shall be given a leave of absence for temporary disability at any time the educator’s condition interferes with the performance of regular duties. The contract or employment of the educator may not be terminated while the educator is on a leave of absence for temporary disability. For purposes of temporary disability leave, pregnancy is considered a temporary disability.At Employee’s RequestA request for a leave of absence for temporary disability must be made to the Executive Director of Schools. The request must:Be accompanied by a physician’s statement confirming inability to work;State the date requested by the educator for the leave to begin; andState the probable date of return as certified by the physician.By Board AuthorityThe Board may adopt a policy providing for placing an educator on leave of absence for temporary disability if, in the Board’s judgment in consultation with a physician who has performed a thorough medical examination of the educator, the educator’s condition interferes with the performance of regular duties. The educator shall have the right to present to the Board testimony or other information relevant to the educator’s fitness to continue in the performance of regular duties. Return to Active Duty:NoticeThe educator shall notify the Executive Director of Schools of a desire to return to active duty no later than the 30th day before the expected date of return. The notice must be accompanied by a physician’s statement indicating the educator’s physical fitness for the resumption of regular duties.PlacementAn educator returning to active duty after a leave of absence for temporary disability is entitled to an assignment at the school where the educator formerly taught, subject to the availability of an appropriate teaching position. In any event, the educator shall be placed on active duty no later than the beginning of the next school year. A principal at another campus voluntarily may approve the appointment of an employee who wishes to return from leave of absence. However, if no other principal approves the assignment by the beginning of the next school year, the School must place the employee at the school at which the employee formerly taught or was assigned. Length of AbsenceThe Executive Director of Schools shall grant the length of leave of absence for temporary disability as required by the individual educator. The Board may establish a maximum length for a leave of absence for temporary disability, but the maximum length may not be less than 180 calendar days. Education Code 21.409; Atty. Gen. Op. DM-177 (1992); Atty. Gen. Op. H-352 (1974)Sick Leave Different From Temporary Disability LeaveAn employee’s entitlement to sick leave is unaffected by any concurrent eligibility for a leave of absence for temporary disability. The two types of leave are different, and each must be granted by its own terms. Atty. Gen. Op. H-352 Assault LeaveIn addition to all other days of leave, a School 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. The leave shall be paid as set forth below at ‘Coordination With Workers’ Compensation Benefits’.A School employee is physically assaulted if the person engaging in the conduct causing injury to the employee:Could be prosecuted for assault; orCould 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.Notice of RightsAny informational handbook the School provides to employees in an electronic or paper form or makes available by posting on the School’s Web site must include notification of an employee’s rights regarding assault leave, in the relevant section of the handbook. Any form used by the School through which an employee may request personal leave must include assault leave as an option.Assignment to Assault LeaveAt the request of an employee, the School 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, the School 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.Coordination with Workers’ Compensation BenefitsNotwithstanding any other law, assault leave benefits due to an employee shall be coordinated with temporary income benefits due from workers’ compensation so the employee’s total compensation from temporary income benefits and assault leave benefits will equal 100 percent of the employee’s weekly rate of pay. Education Code 22.003(b)–(c-1)Religious ObservancesThe School 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 School business. Such absence shall be without pay unless applicable paid local leave is available. 42?U.S.C. 2000e(j), 2000e-2(a); Ansonia Bd. of Educ. v. Philbrook, 479 U.S. 60, 107 S.Ct. 367 (1986); Pinsker v. Joint Dist. No. 28J of Adams and Arapahoe Counties, 735 F.2d 388 (10th Cir. 1984) Compliance with a SubpoenaThe School 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)Jury DutyThe School 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. For each regularly scheduled workday on which a non-salaried employee serves in any phase of jury service, the School shall pay the employee the employee’s normal daily compensation. 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 22.006Developmental Leaves of AbsenceThe Board may grant a developmental leave of absence for study, research, travel, or other suitable purpose to an employee working in a position requiring a permanent teaching certificate who has served in the School at least five consecutive school years.Absence ControlUniform enforcement of a reasonable absence-control rule is not retaliatory discharge. For example, a School that terminates an employee for violating a reasonable absence-control provision cannot be liable for retaliatory discharge as long as the rule is uniformly enforced. Continental Coffee Products Co. v. Cazarez, 937 S.W.2d 444 (Tex. 1996) (workers’ compensation discrimination case); Texas Division-Tranter, Inc. v. Carrozza, 876 S.W.2d 312 (Tex. 1994) (workers’ compensation discrimination case); Swearingen v. Owens-Corning Fiberglas Corp., 968 F.2d 559 (5th Cir. 1992) (workers’ compensation discrimination case); Howell v. Standard Motor Prods., Inc., 2001 U.S. Dist LEXIS 12332 (N. D. Tex. 2001) (Family and Medical Leave Act case); Specialty Retailers v. DeMoranville, 933 S.W.2d 490 (Tex. 1996) (age discrimination case); Gonzalez v. El Paso Natural Gas Co., 40 F.E.P. Cases (BNA) 353 (Tex. App.—El Paso 1986, no pet.) (sex discrimination case)5. BENEFITS5.1. HealthArlington Classics Academy participates in the state teacher system of health care, TRS. A selection of plans is available to suit the needs of each employee and their family. Enrollment in the plans occurs two times each school year or through a qualifying event. Employees who elect not to participate in TRS receive additional pay in the monthly salary.5.2. DentalDental plans are made available each year through the Education Service Center Employee Benefits Cooperative. Enrollment in the plans occurs at the beginning of each school year or through a qualifying event.5.3. VisionVision plans are made available each year through the Education Service Center Employee Benefits Cooperative. Enrollment in the plans occurs at the beginning of each school year or through a qualifying event.5.4. Teacher Retirement System of TexasArlington Classics Academy participates in the Teacher Retirement System of Texas. Employee deductions occur automatically each pay period and are noted on employee pay stubs. Participation in the Teacher Retirement System is mandated by state law for Texas public school employees.6. WAGES & EXPENSES6.1. PaydayArlington Classics Academy pays its employees twice a month. The pay cycles are as follows:Paydays for exempt and non-exempt employees will take place on the 15th and the last day of each month.Payday for substitute employees will be on the 15th of the month following the month worked.6.2. Direct DepositDirect deposit is Arlington Classics Academy’s method of payment for all employees paid by Arlington Classics Academy. Direct deposit enables Arlington Classics Academy to facilitate the distribution of pay to employees in a safe, secure, and timely manner. To enroll in direct deposit an employee must provide the business office with a voided personal check. 6.3. Mistake in Payroll or Expense ReimbursementEmployees are required to immediately notify the business and operations manager in the event of a suspected mistake in their payroll or expense reimbursement. Failure to report an overpayment in payroll or in an expense reimbursement may result in disciplinary action.6.4. Hours Worked: Exempt EmployeesAll exempt employees who are compensated on a salary rather than hourly basis are paid their salary for all hours worked during the work week, regardless of the actual number of hours worked.6.5. Hours Worked: Non-Exempt EmployeesNon-exempt employees will be paid at the rate of 1.5 times their regular hourly rate of pay for all time worked in excess of 40 hours in any one workweek. Overtime is never at the employee’s discretion. An employee may work overtime only after receiving authorization from the employee’s supervisor. Working overtime without prior authorization may result in disciplinary action.A non-exempt employee is never permitted to work “off the clock”. While all hours will be compensated appropriately, an employee’s failure to report hours accurately whether too low or too high is cause for disciplinary action. Employees should immediately report to the Executive Director of Schools any effort by a supervisor to participate, encourage, or even permit an employee to work “off the clock” in violation of this overtime provision.6.6. Attendance Records and Time SheetsEmployee attendance records must be kept complete and accurate. Attendance records and time sheets are subject to unannounced reviews to ensure proper use. Falsification of time records is a serious offense and may lead to disciplinary action, up to and including discharge from employment.6.7. Travel Expense ReimbursementsBefore an employee incurs travel expenses related to Arlington Classics Academy business, the employee must submit a travel request form for approval to his/her principal. Mileage for use of an employee’s personal car will be reimbursed at the current federally designated rate of reimbursement. Employees should select moderately priced lodging within the state approved allotments. Travel expenses from approved travel must be itemized and detailed on the Arlington Classics Academy travel reimbursement form. To be reimbursed all original receipts for travel expenses must be included with the reimbursement form and submitted to the employee’s supervisor. Travel, lodging, and per diem rates must comply with ACA’s business administrative procedures manual.6.8. Deductions in PayArlington Classics Academy will only deduct wages from an employee’s pay under circumstances that are allowable under state and federal law. Additionally, any wages that an employee has requested and authorized in writing will be deducted. If there is a deduction that has been made that the employee believes is in error, the employee should immediately contact the business and operations manager. Retaliation against an employee who has questioned what he/she believes may be an incorrect deduction in pay is prohibited.7. NON-DISCRIMINATION & ANTI-HARASSMENT7.1. Non-DiscriminationArlington Classics Academy is committed to honor the laws that prohibit discrimination based upon an applicant or employee’s race, sex, religion, national origin, disability, age, genetic information, veteran status or other protected class recognized by applicable law. Employees are prohibited from discriminating against other employees, against applicants, or against students based upon the aforementioned protected classes.Nondiscrimination NoticeArlington Classics Academy does not discriminate on the basis of race, color, national origin, sex, or disability in providing education services, activities, and programs, including vocational programs, in accordance with Title VI of the Civil Rights Act of 1964, as amended; Title IX of the Educational Amendments of 1972; and section 504 of the rehabilitation Act of 1973; as amended.7.2. Reasonable AccommodationIn the event an employee needs to request a reasonable accommodation or a variance in Arlington Classics Academy’s stated policies and/or procedures due to the employee’s disability, as defined by the Americans with Disabilities Act, or the employee’s sincerely held religious belief, the employee should notify his or her supervisor and/or the Human Resources Department.7.3. Anti-HarassmentArlington Classics Academy is committed to creating and maintaining a work environment free of all forms of unlawful harassment. Employees are prohibited from engaging in all forms of unlawful harassment, including harassment based on race, sex, religion, national origin, disability, age, genetic information, veteran status, sexual harassment, and any other protected class status.Harassment based on any of the aforementioned protected classes may include, but is not limited to, many different types of actions: verbal (e.g. derogatory comment), physical (e.g. assault), or visual (e.g. internet materials). Sexual harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. Both victim and harasser can be either a woman or a man, and the victim and harasser can be the same sex. The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer.7.4. Reporting Discrimination and/or HarassmentThis section applies to both incidents of harassment and discrimination.Employees should promptly report an incident of discrimination or harassment to the Coordinator of Human Resources and Student Support. The employee should not assume that witnesses to the incident will know the conduct is unwelcomed; an employee should not rely on a witness to report the conduct for the employee. Informing the harasser that the conduct is unwelcomed is not a report of harassment since the harasser may not self-report the violation to management or the Human Resources Department.If the alleged harasser is the employee’s supervisor, a manager, or even one of the individuals designated to receive harassment reports, the employee does not have to report the incident to that individual, but instead must notify the Human Resources Department in order to ensure that the matter is promptly and appropriately addressed.Any supervisor/manager who receives information indicating a concern about harassment or discrimination must report it to the Human Resources Department, even if the information comes from someone other than the target of the harassment or discrimination, or even if the person expressing the concern indicates that they do not wish to have the harassment or discrimination reported.Arlington Classics Academy will promptly investigate any report and take appropriate remedial action. If the harassment or discrimination continues, the employee must immediately report the incident so that the matter can be reopened and addressed. Retaliation for reporting what an employee believes to be harassing or discriminatory conduct or for participating in an investigation of alleged harassment or discrimination is prohibited. Any retaliation should be reported according to the same procedures as reporting discrimination or harassment.Any employee engaging in any type of discrimination, harassment, and/or retaliation will be subject to disciplinary action, up to and including discharge. Any supervisor who has knowledge of such behavior yet takes no action to report it is subject to disciplinary action, up to and including discharge.8. EMPLOYMENT STANDARDS8..1. Expected Employee Conduct All employees are expected to:?Meet established expectations of job performance;?Comply with attendance policies;?Be responsible in the performance of job duties;?Be efficient in the use of time and school resources;?Respect the personal and property rights of all individuals one comes in contact with during the course of Arlington Classics Academy business;?Follow job instructions;?Maintain a courteous and professional demeanor;?Comply with the Texas and Local Educator Code of EthicsEmployees who do not adhere to these standards are subject to disciplinary action, up to and including discharge.8.2. Violence in the WorkplaceArlington Classics Academy is committed to providing a safe workplace that is free from violence or threats of violence. Any and all acts of violence in the workplace are prohibited and subject to disciplinary action, up to and including discharge. Additionally, any and all threats of violence, direct or indirect, serious or said in jest, are prohibited. All threats will be taken seriously and are subject to disciplinary action, up to and including discharge. Employees concerned about family violence being brought into the workplace or onto the work parking lot are encouraged to notify their supervisor and/or the Human Resources Department.Any employee who receives a protective or restraining order that lists Arlington Classics Academy as a protected area is required to provide their principal and the Human Resources Department with a copy of the order and information requested by Arlington Classics Academy to identify the individual subject to the order.8.3. Drug-Free Workplace Arlington Classics Academy is committed to maintaining a drug-free work environment and each employee is responsible for the maintenance of such an environment. The unlawful manufacture, distribution, possession, or use of a controlled substance (i.e. drugs) and/or the use of alcohol or tobacco in the workplace, or while conducting Arlington Classics Academy business, are prohibited.Additionally, an employee must notify Arlington Classics Academy of any criminal drug statute conviction for a violation occurring in the workplace, or while conducting Arlington Classics Academy business, no later than five days after such conviction. A report of a conviction must be made to the Human Resources Department .Violation of this policy may lead to disciplinary action, up to and including discharge. Arlington Classics Academy may ask an employee to submit to a drug or alcohol test whenever it reasonably believes that the employee may be under the influence of drugs or alcohol at the work place. Violation of this Drug-Free Workplace policy, includes, but is not limited to the following circumstances: evidence of drugs or alcohol on or about the employee’s person or in the employee’s vicinity; unusual, bizarre or erratic conduct that suggests the employee is impaired by, or under the influence of, drugs or alcohol; or an on-the-job accident or injury under circumstances that suggest the possible use or influence of drugs or alcohol in the injury.In accordance with federal law and in an effort to promote safety an employee who is a driver of a charter school owned or rented vehicle or who performs safety-sensitive functions shall participate in a monitoring program for controlled substances. Nothing in this policy prohibits, or in any way limits, the lawful use of prescription or nonprescription drugs. However, an employee must inform his/her immediate supervisor if he/she is using a prescription or nonprescription drug which could impair work performance or pose a risk of harm to the employee, to others, or to property. It is the employee’s responsibility to determine from his or her physician(s) if the medication can impair work performance or pose such a risk. If the lawful use of lawful prescription or nonprescription drugs does limit or otherwise impair the employee’s ability to perform the essential functions of his or her position or otherwise creates a safety risk, the Human Resources Department will meet with the employee to determine whether a reasonable accommodation is available.8.4. Suspicious BehaviorEmployees are encouraged to report any suspicious behavior observed at school or at any school-related or school-sponsored activity. Strangers or former employees walking unaccompanied in areas not generally open to the public should be pointed out to a supervisor.8.5. Former EmployeesFormer employees may not enter areas that are not open to the public after they are no longer employed by Arlington Classics Academy.8.6. Employee Dress CodeEmployee dress should be neat and clean and appropriate for a professional appearance. While shoes must be worn at all times, house shoes (e.g. slippers), flip-flops, and crocs or similar shoes are not allowed. Sandals must be of professional dress quality and style.When denim jeans are allowed on special days, the jeans must be free from holes and frays. Dresses and shorts should be of modest length. Boys and men must remove their hats when indoors. This includes baseball caps or any other headwear that approaches the appearance of a hat.Girls and women should wear upper body clothing that shows no cleavage. Spaghetti straps and other similar upper body clothing are not permitted. If an employee is unsure of the appropriateness of a particular item of clothing, do not wear it.Employees must cover tattoos and remove facial jewelry, if applicable. Additionally, because it is difficult to establish a specific dress standard, an Arlington Classics Academy administrator may require an employee to change their dress if in their best judgment the dress is inappropriate.Exceptions to the dress code may be considered in order to make reasonable accommodations for an employee’s disability, as defined by the Americans with Disabilities Act, or an employee’s sincerely held religious belief.8.7. Outside EmploymentEmployees of Arlington Classics Academy are expected to work solely for ACA. Any outside employment, whether self-employment or working for another employer, should be immediately disclosed to and approved by the Executive Director of Schools. In some circumstances such outside employment may be permitted by Arlington Classics Academy, however, Arlington Classics Academy retains the right to review and evaluate each situation on an individual basis.8.8. Employee MonitoringEmployees do not have an expectation of privacy in any work areas (e.g. offices, desks, file cabinets, etc.) or in any Arlington Classics Academy property, either owned or leased. Work areas and Arlington Classics Academy property are subject to search at any time. Any of the following may be monitored if they occur during business hours and/or on school property: phone calls, voice-mail, e-mail (work and personal), and internet activity. 8.9. Audio, Image, & Video RecordingsAn employee is prohibited from making any audio, image, or video recording while acting in the course and scope of their employment or while on school property without the written consent of all parties subject to the recording. School functions such as athletic activities or performances are exempt from this prohibition. An employee may not post student images on his/her personal social networking site(s).8.10. Office DatingEmployees who are in administration/management/supervisory roles are prohibited from dating any employee over whom they have direct or indirect supervision. In addition, individuals who work within the Human Resources Department are prohibited from dating any Arlington Classics Academy employee.If two employees are involved in a dating relationship, it will be presumed by Arlington Classics Academy that the relationship is welcomed by both parties unless one or the other notifies Arlington Classics Academy to the contrary. Public displays of affection and favoritism in the course of employment are prohibited.Conduct that occurs during a disagreement or following a termination of the relationship must not violate Arlington Classics Academy’s harassment policy.8.11. Workplace InvestigationsThere are instances when Arlington Classics Academy may wish to investigate personnel matters. Employees are required to cooperate in any investigation. Refusal to participate, or actions taken to compromise the effectiveness of any investigation, may result in termination. If the employee is instructed not to discuss the matter being investigated, failure to abide by this instruction may also result in termination. This restriction excludes the employee’s privileged communications with his or her own private legal counsel.8.12. Updated/Current Employee InformationEmployees are required to regularly update:A change in home address or telephone number;A change in marital status or in the number of dependents;A change of insurance beneficiary;A change in the number of exemptions claimed for income tax purposes;The driving record or status of an employee’s driver’s license, if the employee operates any Arlington Classics Academy vehicle or operates his or her own vehicle for work- related duties, not including driving to and from work.A legal change of name.The Public Information Act form indicating whether certain personal information may be released to the public.Any change in criminal history or arrests with the Human Resources Department.An employee must notify his or her principal or immediate supervisor within three calendar days of any arrest, indictment, conviction, no contest or guilty plea, or other adjudication of any felony, and any of the other offenses listed below:Crimes involving school property or fundsCrimes involving attempt by fraudulent or unauthorized means to obtain or alterany certificate or permit that would entitle any person to hold or obtain aposition as an educatorCrimes that occur wholly or in part on school property or at a school sponsoredactivityCrimes involving moral turpitudeMoral turpitude includes the following:DishonestyFraudDeceitTheftMisrepresentationDeliberate violenceBase, vile, or depraved acts that are intended to arouse or gratify the sexualdesire of the actorCrimes involving any felony possession or conspiracy to possess, or any misdemeanoror felony transfer, sale, distribution, or conspiracy to transfer, sell,or distribute any controlled substanceFelonies involving driving while intoxicated (DWI) or driving under the influence (DUI) of drugs or alcoholActs constituting abuse or neglect under SBEC rulesUpdates should be made by notifying Human Resources.8.13. Allowable Uses of Arlington Classics Academy PropertyEmployees may use Arlington Classics Academy property only for a purpose that is consistent with applicable law and to implement a program that is described in Arlington Classics Academy’s charter.Employees of Arlington Classics Academy may use local telephone service, cellular phones, electronic mail, Internet connections for incidental personal use under the following conditions:?Such incidental personal use must not result in any direct cost paid with state funds. If this does happen, the employee who caused the direct cost to be incurred by Arlington Classics Academy must reimburse Arlington Classics Academy;?Such incidental personal use must not impede the functions of Arlington Classics Academy;?The use of Arlington Classics Academy property for private commercial purposes is strictly prohibited; and?Only incidental amounts of an employee’s time for personal matters, comparable to reasonable breaks during the day, are authorized under this section.An employee may be required to compensate Arlington Classics Academy for any damage and/or destruction the employee causes to Arlington Classics Academy property. A violation(s) of this section may result in disciplinary action, up to and including discharge.8.14. Computer & Internet UseWith the exception of the incidental personal use described in Section 8.13, access and use of Arlington Classics Academy’s computers, computer networks, electronic mail, and the Internet is only for educational and administrative purposes. The access of material that is obscene, child pornography, or harmful to minors is prohibited.Failure to comply with this section may result in disciplinary action, up to and including termination.8.15. Administration of Medication to StudentsThe administration of medication to students must be done in accordance with Arlington Classics Academy policy. All employees, agents, and volunteers are prohibited from administering any medication to a student unless expressly authorized by Arlington Classics Academy. Under normal circumstances, only school nurses or their designee in their absence may administer medications to students. 8.16. Reporting Child Abuse/Child NeglectAn employee, volunteer, or agent that believes a child has been adversely affected by physical, sexual, or mental abuse or neglect must make a report within 48 hours of first suspecting such abuse or neglect. The report must be made to law enforcement or the Department of Family and Protective Services, Child Protective Services. The duty to report suspected child abuse belongs to the employee and may not be relegated to the administrator or other staff. 8.17. Traffic ViolationsIf an employee, during the course of Arlington Classics Academy business, receives a traffic violation, the employee will be personally liable for any expenses incurred from that violation. If during the course of transporting a student(s) an employee receives a traffic violation, that employee is subject to disciplinary action, up to and including discharge.8.18. Workers’ CompensationEmployees of Arlington Classics Academy are covered by Workers’ Compensation benefits. Employees should immediately notify their supervisor or any injuries sustained during the course of their employment. An employee may elect to retain your common law right of action if, no later than five days after you begin employment or within five days after receiving written notice from the employer that the employer has obtained coverage, you notify your employer in writing that you wish to retain your common law right to recover damages for personal injury. If you elect to retain your common law right of action, you cannot obtain workers’ compensation income or medical benefits if you are injured.9. GRIEVANCE PROCEDURESEmployees who have a complaint about their terms or conditions of work are encouraged to resolve their concerns informally with their co-workers and/or supervisors at the lowest level possible. If the employee is not satisfied with the outcome of the informal resolution, then the employee may file a formal complaint according to the procedures below.With the exception of a complaint against the Executive Director, each complaint must initially be brought at the lowest level of review, at the Campus Principal Review level. If the complaint is against the principal, then the complaint may be initially brought at the Executive Director of Schools level. If the complaint is against the Executive Director of Schools, then the complaint may be initially brought to the Board of Directors.Please see ACA policy for complaint forms and procedures for filing a complaint.9.1. Campus Principal Review of ComplaintWhere an employee has a complaint or concern regarding their terms or conditions of work, the individual shall first bring their complaint or concern in writing to the appropriate campus principal or to the employee’s direct supervisor if the employee does not work on a school campus. The complaint must be brought within 15 school days of the date that the complainant knew or should have known of the alleged harm. The complaint must be specific, and where possible suggest a resolution. The principal/supervisor must hear the complaint, attempt to remedy the complaint in the best interest of the affected parties, and document the outcome. The principal/supervisor must respond to the complainant and issue a final decision in writing within 10 days of the principal’s/supervisor’s receipt of the complaint.9.2. Executive Director Review of ComplaintIf the complainant is not satisfied with the final decision of the campus principal/supervisor, then the individual may file a written appeal to the Executive Director of Schools. This written appeal shall be filed with the Executive Director’s office within 10 days of the individual’s receipt of the final decision from the campus principal/supervisor. The complaint shall include a copy of the prior written complaint along with a copy of the final decision of the campus principal/ supervisor. A copy of the appeal shall also be delivered to the campus principal/supervisor. The appeal must be specific, and where possible suggestion a resolution. The complaint shall not include any new issues or complaints unrelated in the original complaint.The Executive Director of Schools, or the Executive Director’s designee, shall respond to the complaint and issue a final decision in writing within 15 days of receipt of the written appeal.9.3. Board of Directors Review of ComplaintIf the complainant is not satisfied with the Executive Director’s final decision, then the individual may appeal their complaint in writing to the Board of Directors within 10 days of receiving the Executive Director’s final decision. The complaint shall be directed to the President of the Board, and shall include a copy of the written complaint to the Executive Director along with a copy of the Executive Director’s final decision. A copy of this appeal shall also be delivered to the Executive Director.The President of the Board, at the next regular meeting of the Board, shall provide a copy of the complaint record to all board members. The Board’s decision shall be decided on a review of the record developed at the Executive Director’s level. Any action of the Board of Directors regarding the complaint shall be taken in compliance with the Texas Open Meetings Act.OR Individuals who are dissatisfied with the response of the Executive Director may present their complaint to the Board of Directors during the time of citizens’ presentations at the next regular meeting of the Board of Directors. The board shall “stop, look, and listen” to the complaint, but may not deliberate or act on the complaint except in compliance with the Texas Open Meetings Act.A complaint against an Executive Director shall begin at the School Board level of review and shall follow the complaint process in accordance with this policy section and the Texas Open Meetings Act.The failure of the Board of Directors to act on a complaint has the effect of upholding the Executive Director’s decision.10. DISCIPLINE OF EMPLOYEESIn an effort to correct employee misconduct at the earliest stage possible, Arlington Classics Academy administration may implement a stair-step disciplinary procedure. Such procedure may begin first with a verbal warning. The next offense would proceed to a written warning; the next step is suspension; followed by termination of employment. Though Arlington Classics Academy may utilize such stair-step disciplinary procedures, Arlington Classics Academy reserves the right to skip any or all steps and immediately discharge the employee. The stair-step disciplinary procedure does not forfeit the at-will status of its employees and Arlington Classics Academy preserves the at-will nature of the employment relationship. Accordingly, discharge may be initiated by Arlington Classics Academy at any time, with or without cause, and with or without notice.11. SEPARATION FROM EMPLOYMENT11.1. ResignationAn employee is expected, but not required, to give as much advance notice as possible regarding their resignation from Arlington Classics Academy. Typically, professional courtesy dictates two weeks (10 business days) and is considered sufficient notice time. Arlington Classics Academy requires that employees submit their resignation in writing to their supervisor or the Human Resources Department; the written resignation should include the employee’s signature and the anticipated last work day with the school.Arlington Classics Academy reserves the right to require the employee to resign immediately rather than work during the notice period. 11.2. DischargeIn an effort to reduce the risk of employee violence or vandalism, upon an employee’s discharge from employment, Arlington Classics Academy administration may request that an employee leave the facility immediately upon separation from employment. If accompanied by an Arlington Classics Academy administrator, the employee will be permitted to gather his/her personal belongings before being escorted to the exit.The exiting employee is prohibited from taking any Arlington Classics Academy property or information with him/her; the employee is not to retain in hard copy or soft copy any Arlington Classics Academy information. Arlington Classics Academy reserves the right to examine any boxes, briefcases, or other receptacle of an exiting employee to ensure these rules are being followed. An inventory sheet for keys, equipment, or other ACA property will be required for check out from Arlington Classics Academy indicating the employee has turned in all school property and a proper accounting has been made. The employee’s signature and the campus principal’s signature are required on the inventory sheet.An exiting employee who has been discharged is not to return to the premises of Arlington Classics Academy without prior written approval from the Human Resources Department or the principal of the school campus.The Texas Payday Law regulates the timing of the final paycheck in section 61.014. If an employee is laid off, discharged, fired, or otherwise involuntarily separated from employment, the final pay is due within six (6) calendar days of discharge. If the employee quits, retires, resigns, or otherwise leaves employment voluntarily, the final pay is due on the next regularly-scheduled payday following the effective date of resignation. "Mutual agreement" separations are generally regarded as involuntary, although that result is not inevitable and ultimately depends upon a close look at all the events and circumstances leading to the work separation. Whether a work separation is voluntary or involuntary is determined according to existing rules for deciding the nature of the work separation in unemployment compensation cases. Basically, if the employee initiates the work separation and leaves while continued work is still available, the work separation is voluntary. If the employer initiates the work separation, i.e., the employee has no choice but to leave at a certain time, the work separation will be considered involuntary. Appendix ATexas Administrative Code HYPERLINK "$ext.ViewTAC?tac_view=2&ti=19" TITLE 19EDUCATION HYPERLINK "$ext.ViewTAC?tac_view=3&ti=19&pt=7" PART 7STATE BOARD FOR EDUCATOR CERTIFICATION HYPERLINK "$ext.ViewTAC?tac_view=4&ti=19&pt=7&ch=247" CHAPTER 247EDUCATORS' CODE OF ETHICSRULE §247.2Code of Ethics and Standard Practices for Texas EducatorsEnforceable Standards.(1) Professional Ethical Conduct, Practices and Performance. ???? (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. ???? (B) Standard 1.2. The educator shall not knowingly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. ???? (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. ???? (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. ???? (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. ???? (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. ???? (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. ???? (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. ???? (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally or knowingly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. ???? (L) Standard 1.12. The educator shall refrain from the illegal use or distribution of controlled substances and/or abuse of prescription drugs and toxic inhalants. ???? (M) Standard 1.13. The educator shall not consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. ???? (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. ???? (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. ???? (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. ???? (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. ???? (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. ???? (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. ???? (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (3) Ethical Conduct Toward Students. ???? (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. ???? (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. ???? (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. ???? (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. ???? (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. ???? (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. ???? (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. ???? (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. ???? (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: ?????? (i) the nature, purpose, timing, and amount of the communication; ?????? (ii) the subject matter of the communication; ?????? (iii) whether the communication was made openly or the educator attempted to conceal the communication; ?????? (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; ?????? (v) whether the communication was sexually explicit; and ?????? (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.Local Code of Ethics for Arlington Classics AcademyArlington Classics Academy employees, volunteers, and Board members will hold to the highest personal and ethical standards and will operate in an exceptionally professional manner at all times. We will remember that our number one priority is to provide educational assistance to young people and guidance to their families as the young people seek to improve themselves.We will be discreet and will never publicly criticize any other person, agency, or organization.We will be open, honest, and forthright in all our dealings, internally and externally.We will be diligent and responsible in our accountability of money, materials, and service.We will protect the resources allotted to us and be honorable and frugal in our use of those resources.We will constantly remind each other of the need to be positive in our dealings with people. As we work together in a positive and complimentary way, we will recognize that sarcasm or negativism will be unacceptable to ACA employees, volunteers, and Board members.We will be results oriented and will not indulge in personality conflicts as we pledge to provide the highest quality education to our students.We will avoid conflicts of interest in employment, contracting, and in making decisions that affect the organization.We will make our tasks productive as we nurture a sense of humor in ourselves and others.We will strive to make ACA the most innovative, positive, and professional organization of its kind.We will strive to be a catalyst for others by encouraging excellence in the field of service to all students in our care. ................
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