Number:

438

Section:

Professional Employees

Title:

Sabbatical Leave

Date Adopted:

January 14, 1980

Date Reviewed:

August 23, 2005


General Provisions
The Public School Code for the Commonwealth of Pennsylvania provides the legal base from which all local school districts derive their sabbatical leave and leave of absence policies. Sections 522.1 and 1166 through 1170 furnish the fundamental State law. In addition, Section 1171 states ?The board of school directors shall have the right to make such regulations as they may deem necessary to make sure that employees on leave shall utilize such leave properly for the purpose for which it was granted, requiring reports from the employee or employees on leave in such manner as they may deem necessary.

Purpose
To affirm that the Upper Moreland School District will administer all requests for sabbatical leave and/or leave of absence in strict adherence to the requirements of Sections 1166 through 1170 and any other related sections of the Public School Code for the Commonwealth of Pennsylvania.

To delineate the Upper Moreland Board of School Directors regulations as authorized under Section 1171 of the Public School Code for the Commonwealth of Pennsylvania.

Authority
All requests for sabbatical leave and/or leave of absence (except for Restoration of Health) shall be submitted in writing to the Superintendent on or before March 1st of the school year preceding the school term during which the leave requested would commence.

The request for reasons of professional development shall be for a half or full school term or for two half school terms during the period of two years at the option of the employee; and the written request must state the full extent of the leave requested.

All sabbatical leaves or leaves of absence granted will commence on either the first day of the first half of the school term or on the first day of the second half of the school term, and at no other time, except as may be necessitated due to the health of the employee.

The regular March School Board meeting will be designated as the time for the Board to determine sabbatical leave and leave of absence preferences, eligibilities, and limitations under Section 1167 of the School Code for all sabbatical leaves and leaves of absence requested to begin in the following school term. The Board’s decision at this meeting will be based upon the facts available on March 1st of that school year. The number of sabbatical leaves and leaves of absence granted at the regular March School Board meeting of each school year for the following two (2) school terms shall be granted so that the number of sabbatical leaves and leaves of absence for any half school term during the following two (2) school terms shall not exceed ten percent (10%) of the number of persons regularly employed in the School District who are eligible for a sabbatical leave and/or a leave of absence. The number of individuals on sabbatical leaves of and/or leaves of absence for any half school term shall not exceed ten percent (10%) of the number of persons regularly employed in the School District who are eligible for a sabbatical leave and/or leave of absence.

“School term” shall mean the period of time elapsing between the opening of the public schools in the fall of one year and the closing of the public schools in the spring of the following year.

“Half school” term shall mean either the period of time elapsing between the opening of the public schools in the fall of one year and completion of one-half of the school term in winter of the following year or the period of time elapsing after the completion of the first half school term in the winter of one year until the closing of the public schools in the spring of the same year.

Applications for sabbatical leaves and/or leaves of absence shall be given preference according to the years of service in the District since the previous sabbatical leave and/or leave of absence of the applicant (or years of service and years of service in the District, if no sabbatical leave or leave of absence had previously been taken) and according to a determination made exclusively by the School Board based upon the distribution of the applicants among the various schools, departments, and grade levels and the overall benefit of the sabbatical leave and/or leave of absence to the School District.

No person shall be eligible for a sabbatical leave and/or leave of absence unless their last year of service prior to the commencement of the sabbatical leave has been rated satisfactory.

In addition to the requirements in the two previous paragraphs above, the Board will consider sabbatical leaves for health as they may from time to time arise.

Employees who are granted sabbatical leave and/or leave of absence shall not be engaged in gainful employment during the period of leave, except as permitted by a leave of absence for classroom occupational exchange.

A sabbatical leave and/or leave of absence granted to a regular employee shall also operate as a leave of absence without pay from all other school activities.

Failure to observe and comply fully with all sections of this policy for sabbatical leave and/or leave of absence shall result in the cancellation of such leave and a forfeiture of salary and benefits received during such leave. In such case the employee shall forfeit all benefits to which said employee would have been entitled for the balance of the sabbatical leave and/or shall reimburse the District for all salary and benefits received by the employee during the sabbatical leave.

All employees applying for sabbatical leave and/or leave of absence will execute a statement in writing at the time of their application that they have fully reviewed the provisions of this policy, that they agree to each of these provisions, and that they agree to return to their employment with the School District for a period of not less than one full school term immediately following the completion of such leave of absence. A copy of this statement is attached to this policy.

Restoration of Health
All requests for sabbatical leave for restoration of health shall be in writing and shall be accompanied by a certificate from a licensed physician who is treating the employee. The physician’s certificate must contain the exact nature of the illness, why such illness requires a leave, the estimated length of the leave, and the physician’s opinion concerning the employee’s ability to return to employment at the conclusion of the leave.

The School District reserves the right to require a second opinion by a licensed physician of the School District’s choice. The cost of the second opinion will be borne by the School District. The School District may, at its discretion, require periodic statements in writing from the attending physician regarding the health status of the employee on leave.

A sabbatical leave for the restoration of health will only be granted for a period equivalent to a half or full school term or two consecutive half school terms over a period of two years.

At the conclusion of the sabbatical leave, the attending physician must certify in writing that the employee is fit to return to full-time service and able to perform all required duties before the employee can return to work. If the employee is not certified to return to work at the end of the sabbatical leave granted, the employee may make a written request before the expiration of the original sabbatical for a further period of leave. If an employee provides a timely written request for an extension of such leave along with the requisite medical certification, the Board may extend the leave for a period, not to exceed the term of the original leave or one full school term, which ever is the lesser of the two.

Professional Development
No leave of absence for professional development shall be granted unless the applicant certifies in writing that he or she is enrolled in a pre-approved program of undergraduate or graduate study entailing a minimum of nine (9) graduate credits or (12) undergraduate credits at an approved institution of higher learning or (180) hours of professional development or any combination thereof per half school term. At the end of each half-school term, the training institution through the applicant’s advisor shall certify the number of semester hours or credits completed by the employee. Such statement by the training institution should be in writing and signed by the employee’s advisor.

The professional development program and courses shall be pre-approved by the superintendent or designee assistant on the criteria that the program and courses shall be of value in the employee’s present assignment and be consistent with current priorities as established by the District.

The School District may, at its discretion, require written periodic program reports from the employee.

At the conclusion of an official collegiate or university time sequence such as a semester, quarter, or other such designation, a transcript of the course work completed, together with marks earned therein, shall be submitted to the Superintendent of Schools. In the event of incomplete or unsatisfactory work, the Board reserves the right to withdraw leave of absence approval at the end of such period of time if the nature of work taken indicates that a good faith performance of undergraduate or graduate work is not forthcoming.

The employee shall file a final written report with the Superintendent concerning the professional benefits derived by the employee and benefits to be shared with others in the school district. The final report shall be filed within sixty (60) days after return to service.

If the employee fails to provide satisfactory evidence that he or she fully complied with his/her approved professional development plan, unless prevented by illness or disability, it shall result in the cancellation of such leave and a forfeiture of salary and benefits received during such leave. In such case the employee shall forfeit all benefits to which said employee would have been entitled to during the period of absence for professional development. The employee shall reimburse the District for all salary and benefits received by the employee during the leave of absence.

Classroom Occupational Exchange
All requests for a leave of absence for classroom occupational exchange shall be submitted in writing and shall include a description of the business, industry or governmental entity where the employee would work, the type of work to be done and a statement explaining the professional and occupational benefits to be derived both the applicant and the School District.

No application for a leave of absence for classroom occupational exchange will be considered absent written confirmation that the designated business, industry or governmental entity understands and agrees to fully compensate the District for all salary, wages, pension and retirement contributions and other benefits for the applicant. The District retains the right to reject any application if it reasonably believes that said designated entity would be unable to fully compensate the District for employee’s salary, wages, pension and retirement contributions and other benefits.

The School District may, at its discretion, require written periodic program reports from the employee.

If the employee fails to complete his/her approved classroom occupational exchange program, unless prevented by illness, physical disability or other legitimate reason, the employee shall forfeit all benefits to which said employee would have been entitled during the remainder of the leave of absence.

Legal References
School Laws of Pennsylvania, Sections 522.1, 1166, 116.1, 1167, 1168, 1169, 1170, 1171