Employee Handbook
Employee Handbook
Human Resources
]^
Employee
Handbook
July 2006
The intention of this handbook is to simply provide information. It does not constitute
any part of any employment contract, nor does it supersede any law, board policy, or
procedure. It should be used only as a guide.
MOBILE COUNTY PUBLIC SCHOOL SYSTEM
Division of Human Resources
NON-DISCRIMINATION STATEMENT
The Mobile County Public School System (MCPSS) does not discriminate on the basis
of race, religion, color, national origin, sex, age, or disability in employment or
educational services, activities, and programs. This district complies with all federal and
state laws and regulations regarding discrimination. Employment related inquiries
and/or grievances should be directed to the Assistant Superintendent for Human
Resources, Mr. Paul Tate, or the Personnel Administrator for Employee Relations,
George Smith, at P.O. Box 1327, Mobile, Alabama, 36633 or call (251) 221-4531.
Student related inquiries and/or grievances should be directed to the Assistant
Superintendent of Student Services, P.O. Box 1327, Mobile, Alabama, 36633 or call
(251) 221-4245.
The provisions and information set forth in this handbook are intended to be
informational and not contractual in nature. Thus, this handbook is not intended, and
shall not be construed, to constitute a contract between the School System and any
employee; prospective employee; agency of the local, state, or federal government; or
any other person or legal entity of any and every nature whatsoever. The School
System hereby reserves and retains the right to amend, alter, change, delete, or modify
any of the provisions of this handbook at any time, and from time to time, without notice,
in any manner that the Administration of the School System deems to be in the best
interest of the School System. The contents of this handbook apply to all regular
employees (certified and classified) and to all part time, temporary, and seasonal
personnel in the School System and do not amend, abridge, or replace Board policies,
Administrative Regulations or employment contract conditions established by the
School System.
http://www.mcpss.com/
BOARD OF SCHOOL
COMMISSIONERS
Hazel Fournier
William Meredith
Lonnie Parsons
Judy P. Stout, Ph.D.
Rev. Fleet L. Belle
ADMINISTRATION
Pauline D. Scarbrough
Executive Director – Certified Personnel
251-221-4522
TABLE OF CONTENTS:
TABLE OF CONTENTS:...............................................................................................................4
INTRODUCTION ..........................................................................................................................8
Rights and Responsibilities ...................................................................................................8
BENEFITS FOR FULL-TIME EMPLOYEES .................................................................................8
Health Insurance ...............................................................................................................9
Life Insurance....................................................................................................................9
Retirement.........................................................................................................................9
Credit for Military Service ..................................................................................................9
Employee Assistance Program .........................................................................................9
Payroll Deductions ............................................................................................................9
Personal Leave: ..............................................................................................................10
Accumulated Sick Days ..................................................................................................10
Sick Leave Bank .............................................................................................................10
Vacation ..........................................................................................................................10
EMPLOYEE RESPONSIBILITY..................................................................................................10
Certified employees ........................................................................................................10
Classified employees (support employees) ....................................................................10
Requirements of each employee: .......................................................................................10
Abandonment of Job: ..........................................................................................................11
Other Requirements:...........................................................................................................11
In-service education ........................................................................................................11
Schedules .......................................................................................................................11
Teacher workdays...........................................................................................................12
Family members and children .........................................................................................12
ALABAMA EDUCATOR CODE OF ETHICS ..............................................................................12
Introduction .........................................................................................................................12
CODE OF ETHICS STANDARDS ......................................................................................12
Standard 1: Professional Conduct ......................................................................................12
Standard 2: Trustworthiness ...............................................................................................13
Standard 3: Unlawful Acts...................................................................................................13
Standard 4: Teacher/Student Relationship .........................................................................13
Standard 5: Alcohol, Drug and Tobacco Use or Possession ..............................................14
Standard 6: Public Funds and Property ..............................................................................14
Standard 7: Remunerative Conduct....................................................................................14
Standard 8: Maintenance of Confidentiality ........................................................................15
Standard 9: Abandonment of Contract................................................................................15
Reporting.............................................................................................................................15
Alabama Administrative Code 290-3-2-.05 .........................................................................15
Disciplinary Action...............................................................................................................15
Alabama Administrative Code 290-3-2-.05 .........................................................................15
OFFICIAL PERSONNEL FILE ....................................................................................................16
Handling of personnel files..............................................................................................16
DRESS CODE ............................................................................................................................16
Mandatory requirements .................................................................................................17
Restrictions .....................................................................................................................17
WAGE & HOUR ISSUES............................................................................................................17
Non-exempt employees ..................................................................................................17
Exempt employees..........................................................................................................18
Employee Handbook for Human Resources – July 2006
This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure.
-4-
MOBILE COUNTY PUBLIC SCHOOL SYSTEM
Division of Human Resources
Certified...........................................................................................................................43
Classified.........................................................................................................................44
Employee’s Responsibility in Performance Evaluations .....................................................44
DISCRIMINATION OR SEXUAL HARASSMENT.......................................................................45
Employee's Role: Discrimination.........................................................................................45
SYSTEM RULES: .......................................................................................................................46
Smoking / Tobacco Products ..............................................................................................47
Substance Abuse / Alcohol Use..........................................................................................47
Theft ....................................................................................................................................47
Falsified Documents............................................................................................................47
Insubordination....................................................................................................................47
Fighting / Assault.................................................................................................................48
Substandard Performance ..................................................................................................48
Excessive Absences ...........................................................................................................48
Tardiness ............................................................................................................................48
GRIEVANCES ............................................................................................................................49
Formal grievances...........................................................................................................49
DISCIPLINARY ISSUES.............................................................................................................50
Progressive Discipline.........................................................................................................50
Documentation ....................................................................................................................50
Consistency of Disciplinary Actions ....................................................................................51
Initial Warning / Counseling ................................................................................................51
Written Warning ..................................................................................................................51
Plan for Improvement..........................................................................................................51
Final Warning ......................................................................................................................52
Suspension .........................................................................................................................52
Termination .........................................................................................................................52
DISCIPLINARY ACTION PROCESS ..................................................................................52
1) Verbal warning: .......................................................................................................52
2) Written warning: ......................................................................................................52
3) Final warning: ..........................................................................................................52
4) Suspension:.............................................................................................................52
5) Termination: ............................................................................................................53
DEFINITIONS .....................................................................................................................53
Minor infraction:...............................................................................................................53
Serious infraction: ...........................................................................................................53
Major infraction:...............................................................................................................53
Willful Misconduct: ..........................................................................................................54
TENURE AND FAIR DISMISSAL ACTS.....................................................................................54
Certified Employees ............................................................................................................54
Classified Employees..........................................................................................................55
GOOD CAUSE REASONS FOR TERMINATION.......................................................................55
INTRODUCTION
This handout is prepared by the Division of Human Resources solely as a guide to inform employees of
some of the policies, procedures, and benefits of the Mobile County Public School System (MCPSS). It
outlines various employment policies, procedures and practices that affect employees. It is intended only
as a quick reference. Employees may access the Mobile County Public School System web site for more
information on both the system and Human Resources. Visit http://www.mcpss.com/.
THIS HANDBOOK DOES NOT CONSTITUTE ANY PART OF ANY EMPLOYMENT CONTRACT
MCPSS policies and procedures conform to local, state, and federal requirements in addition to
recognized principles of human resource management. Employees must contact their supervisor,
departmental administrator, or the Office of Human Resources for assistance in obtaining up to date
information on policies and procedures.
It is our desire that all employees of MCPSS find their employment to be personally and professionally
rewarding. As such, our objective is to create a work environment that is fair to all employees. This in turn
will create an atmosphere of excellence in supporting our educational mission. We ask that all employees
be dedicated to providing the very best educational experience for the students of Mobile County.
Through its personnel policies, the MCPSS endeavors to establish conditions that attract and hold the
highest quality employees who are willing to devote themselves to the education and welfare of the
students. The Board is committed to hiring and retaining employees who are capable, interested, and
motivated to accomplish the desired goals of the school system. The Board does not believe that it should
employ or retain employees who feel they are forced or pressured to do acceptable work, or who are
incapable of satisfactory job performance.
As an employee of the Mobile County Public School System, you have certain responsibilities:
• You have the responsibility to treat your supervisors and co-workers in a fair, equitable,
professional, and courteous manner.
• You have the responsibility to refrain from any discriminatory actions, prejudice, or ill will towards
any other employee.
• You have the responsibility to satisfactorily perform the duties that are assigned to you in
exchange for your wages.
• You have the responsibility to obey the lawful directives of your supervisors.
• You have the responsibility not to engage in or encourage others to engage in rude, disruptive or
insubordinate behavior.
All full-time employees of the Mobile County Public School System will receive the following annual
benefits. For an expanded explanation of these benefits, refer to the proper section in this handbook or
call Human Resources.
Health Insurance: Employees may choose between the following health insurance plans:
- PEEHIP
1. Blue Cross/Blue Shield
- HMO
1. Viva Health Plan HMO
- Supplemental plans are available through Southland National Insurance Company
1. Dental
2. Hospital Indemnity
3. Cancer
4. Vision
- Prescription plans are available through Express Scripts, Inc.
Retirement: All employees of the MCPSS will have 5% of their wages deducted each month
and deposited into the Teacher’s Retirement System:
Additional retirement service credit will be given by the Teachers Retirement System
based on the number of Accumulated Sick Days the employee has at the time of
retirement or at the time of termination from the system.
The Deferred Retirement Option Program (DROP) is optional on a one time basis for
employees who meet the following requirements:
1) Have at least 25 years of creditable service exclusive of sick leave (employees
cannot convert sick leave into creditable service to become DROP eligible)
2) Be at least 55 years of age
Credit for Military Service: An employee has one year from the date he/she enrolled in the TRS
to make a lump sum payment in order to gain credit for up to four years of eligible military service.
Weekend service and summer camp service with the National Guard and the Reserves are not
eligible for creditable service. The cost is 4% of the average salary paid a teacher during each
year of claimed service plus 8% interest compounded from the last date of service to the date of
payment.
Employee Assistance Program: Confidential assistance and referral for treatment are available
to employees and their family members through the Division of Human Resources.
Personal Leave: Full-time employees will receive two personal leave days per year. New
employees starting work after December 31st will receive only one personal leave day for that
year. Employees starting work after March 31st will receive no personal leave days for that year.
Accumulated Sick Days: Full-time employees will receive one Accumulated Sick Day for each
month worked.
Sick Leave Bank: Employees are eligible to join the Sick Leave Bank, which enables them to
borrow up to fifteen days for illnesses. These borrowed days are repaid from future accumulated
days earned each month. Employees may also receive or donate Accumulated Sick Days from or
to other employees who are members of a SLB in Alabama. These days are not repaid.
Vacation: All full-time twelve month employees will receive vacation days based on the number
of months worked. These days are accrued monthly on a pro rata basis.
EMPLOYEE RESPONSIBILITY
Certified employees shall meet minimum requirements such as a degree and professional certification,
and demonstrate efficient performance skills in the area of assignment along with satisfactory
accomplishment of their job requirements.
Classified employees (support employees) shall meet the minimum qualifications of their job description
and demonstrate satisfactory performance of their required job duties.
All employees are hired to perform certain tasks in exchange for their salary. These duties are determined
by the job description and as directed by their supervisor. If you are unable or unwilling to satisfactorily
perform the assigned tasks in the allotted time, then the system feels no obligation to retain you as an
employee.
If you are unable to comply with these general expectations, then the system will be compelled to
terminate your employment.
Abandonment of Job:
Any employee who has been absent from work for more than ten (10) consecutive days and who has not
obtained an approved leave or otherwise accounted for the absences will be considered to have
abandoned his/her job. The employee will be recommended for termination.
Other Requirements:
In-service education is encouraged for all employees to participate in, which will promote personal and
professional growth. Employees, upon identification and recommendation by the immediate supervisor,
shall be given the opportunity to participate in an improvement program coordinated through the Division
of Staff Development and designed for improvement in specific areas. Additionally, employees are
expected to develop and grow in job performance beyond minimum requirements.
Schedules for professional and support employees are formulated and disseminated by principals and
supervisors. All employees shall observe and conform to time schedules furnished by his/her principal.
For professional employees, the school day shall be defined as the time when classes are in session,
when faculty and in-service meetings are being held and when student activities are being conducted.
Teachers shall be provided a thirty minute unencumbered time period during the day.
All schools shall have the school doors open for a minimum of eight (8) consecutive hours each workday.
The day for professional education employees will include:
• Time assigned for instructional situations
• Time assigned for planning and conference
• Time assigned for student activities
• Time assigned for supervisory activities other than classroom instruction, faculty meetings or in-
service meetings after the time students are dismissed and beyond the normal school closing
time.
All professional faculty employees are required to be at his/her station of duty no later than fifteen (15)
minutes before school begins and to leave no earlier than fifteen (15) minutes after the school day ends.
All teachers are to hold parent-student conferences as needed during planning and conference periods
and/or after school as determined necessary by the principal. These conferences are to be scheduled
with the time necessary for keeping parents apprised of the academic performance of students prior to
the time a student’s achievement has reached the point of failure in a given grading period.
The primary responsibility and workload of teachers shall be planning and implementing of the
instructional program. Teachers shall share in non-teaching responsibilities, which are considered either
necessary or desirable to the proper functioning of the total school program. Teachers are expected to
share in the responsibility for supervising co-curricular activities. The assigning of extra duty shall be done
in an equitable manner.
Teacher workdays are designed to provide days for teachers to prepare grades, complete reports, and
perform other tasks essential to teaching. No faculty meeting should be held on a teacher workday unless
appropriate and timely. Should it be necessary to call a faculty meeting on a teacher workday, the
meeting should not last more than 45 minutes, and no more than one meeting should be held. No in-
service should be scheduled on teacher workdays.
Family members and children of an employee do not have a right to visit the employee at work during
work hours. Visiting by family members or bringing children to work can be a severe distraction to both
the employee being visited and other employees at the same location. This is similar to an employee
having excessive personal telephone conversations or personal conversations at work. Before any
employee asks a family member to come to his/her work location, he/she needs to clear the visit with the
principal or supervisor. If the visits become excessive and are a distraction, then the family members may
be banned from school properties.
Introduction
The primary goal of every educator in the state of Alabama must, at all times, be to provide an
environment in which all students can learn. In order to accomplish that goal, educators must value the
worth and dignity of every person, must have a devotion to excellence in all matters, must actively
support the pursuit of knowledge, and must fully participate in the nurturance of a democratic citizenry. To
do so requires an adherence to a high ethical standard.
The Alabama Educator Code of Ethics defines the professional behavior of educators in Alabama and
serves as a guide to ethical conduct. The code protects the health, safety and general welfare of students
and educators; outlines objective standards of conduct for professional educators; and clearly defines
actions of an unethical nature for which disciplinary sanctions are justified.
Unethical conduct is any conduct that impairs the certificate holder’s ability to function in his or her
employment position or a pattern of behavior that is detrimental to the health, welfare, discipline, or
morals of students. Unethical conduct includes, but is not limited to, the following:
• Harassment of colleagues.
• Misuse or mismanagement of tests or test materials.
• Inappropriate language on school grounds.
• Physical altercations.
• Failure to provide appropriate supervision of students.
Standard 2: Trustworthiness
An educator should exemplify honesty and integrity in the course of professional practice.
Unethical conduct includes, but is not limited to, the commission or conviction of a felony or of any crime
involving moral turpitude. As used herein, conviction includes a finding or verdict of guilty, or a plea of
nolo contendere, regardless of whether an appeal of the conviction has been sought or a situation where
first offender treatment without adjudication of guilt pursuant to the charge was granted.
• Accepting gifts from vendors or potential vendors for personal use or gain where there appears
to be a conflict of interest.
• Tutoring students assigned to the educator for remuneration unless approved by the local board
of education.
Reporting
Educators are required to report a breach of one or more of the Standards in the Alabama Educator Code
of Ethics as soon as possible, but no later than sixty(60) days from the date the educator became aware
of the alleged breach, unless the law or local procedures require reporting sooner. Educators should be
aware of their local school board policies and procedures and/or chain of command for reporting unethical
conduct. Complaints filed with the local or state school boards, or with the State Department of Education
Teacher Certification Section, must be filed in writing and must include the original signature of the
complainant.
Disciplinary Action
Disciplinary action shall be defined as the issuance of a reprimand or warning, or the suspension,
revocation, or denial of certificates. “Certificate” refers to any teaching, service, or leadership certificate
issued by the authority of the Alabama State Department of Education.
1. Revoke any certificate held by a person who has been proven guilty of immoral
conduct or unbecoming or indecent behavior in Alabama or any other state or nation in
accordance with Ala. Code §16−23−5 (1975).
2. Refuse to issue a certificate to an applicant whose certificate has been subject to
adverse action by another state until after the adverse action has been resolved by that
state.
3. Suspend or revoke an individual’s certificate issued by the Superintendent when a
certificate or license issued by another state is subject to adverse action.
4. Refuse to issue, suspend, or recall a certificate for just cause.
Any of the following grounds shall also be considered cause for disciplinary action:
• Unethical conduct as outlined in the Alabama Educator Code of Ethics, Standards 1-9.
• Order from a court of competent jurisdiction.
• Violation of any other laws or rules applicable to the profession.
• Any other good and sufficient cause.
An individual whose certificate has been revoked, denied, or suspended may not be employed as an
educator, paraprofessional, aide, or substitute teacher during the period of his or her revocation,
suspension, or denial.
Each employee’s official personnel file is maintained in the Division of Human Resources in either the
Certified Department or the Classified Department. In general, this file will contain a record of the
employee’s history with the system, such as documents concerning the employee’s hiring, status, work
history, and performance.
All information or material placed in the employee’s personnel file in Human Resources shall be available
to the employee for inspection upon request with a twenty-four (24) hour notice.
Handling of personnel files shall follow the guidelines set forth below in addition to normal processing and
maintenance:
1. Any information or materials which are derogatory shall not be placed in the personnel file unless
the employee is aware of the information and is given the opportunity to examine the information.
a. The employee has the right to respond in writing to anything placed in the system’s
personnel file and have the response placed with the material to which it relates.
2. No anonymous, unsigned, or hearsay information may be placed in the employee’s official
personnel files.
3. All confidential references and information shall be privileged and are not part of employee’s
official personnel files.
DRESS CODE
The school system has a dress code that must be followed by all employees. In general, all employees
(professional, administrative and support personnel) should be professionally and appropriately attired
when conducting school system business. The policy is a general guideline established in order to uplift,
enhance, and promote the professional image of the school system.
Each school and department supervisor should review these guidelines with their employees each year.
Immediate or site supervisors may approve exceptions to this code for special or occasional activities.
In departments where uniforms or uniformity in dress is prescribed by the Board, all affected employees
are required to abide by direction and procedure. However, schools or departments may adopt a
voluntary dress code for uniforms. Also, reasonable accommodations will be made for religious beliefs if
such accommodation would not unduly interfere with the effective functioning of the schools or
departments.
Mandatory requirements in the dress code policy for a particular type of clothing are only that male
employees are required to wear collared or dress shirts.
All employees will be compensated for work performed according to either their contract or their terms of
employment. The Fair Labor Standards Act (FLSA) requires overtime pay at time and a half for all eligible
employees who work over forty hours (40) in any one workweek. Only actual hours worked applies when
determining if 40 hours for the work week have been exceeded before overtime pay is due. If there is a
holiday, sick, or vacation day during the week, then that period of time does not apply to the 40 hour
requirement.
Employees can not make up missed time from one work week to another work week. This means that if
the employee works 36 hours during one week and 44 hours during the second week, it does not average
out to 40 hours a week and therefore no overtime is due. Each workweek stands as a separate period of
time and the employee is due 4 hours overtime for the second week.
An employee is determined to be either exempt from the overtime provisions of the FLSA or they are non-
exempt from those same provisions.
If an employee is exempt, this simply means that he/she is not eligible for overtime pay. If an employee is
non-exempt, this simply means that he/she is due overtime pay or compensatory time off. Also, any full-
time employee, exempt or non-exempt, who makes less than $23,660 a year, is due overtime
compensation at time and a half for any hours worked over forty (40) during any one workweek. If you
have a question about whether you are an exempt or non-exempt employee, contact the Employee
Relations department.
Non-exempt employees are eligible for compensatory time in lieu of overtime pay. If agreeable with both
the employee and the supervisor, compensatory time may be taken in lieu of overtime compensation in
accordance with Board policy. Compensatory time will be at the same rate as overtime earned, time and
a half. Compensatory time can not accrue longer than thirty days. You must be given the time off, by
Board policy, within thirty days or else you will be paid the equivalent overtime.
Exempt employees are not eligible for compensatory time. This includes administrators and most
supervisory employees. Their work week does not necessarily end with just the forty hours worked per
week. If required, exempt employees may work beyond the forty (40) hours for no extra compensation or
time off.
If you are a non-exempt employee and your supervisor asks you to work past your scheduled time to
leave work, then you are due to be paid for that extra time worked or given compensatory time off. You
will be compensated at either straight time or time and a half, depending on whether forty work hours
were exceeded during the work week. This holds true whether you work only ten minutes or two hours.
As an example, if you work forty hours and ten minutes during the week, then you will be paid for forty
hours at straight time and ten minutes at time and a half.
Your work day does not necessarily start the moment you walk on campus, work site, or in your
department. If you arrive early to eat breakfast or talk to other employees, then that time is not work time
and does not start your work day. Your work day starts, and is recorded on your time card, when you
begin your work routine or are available for work and waiting on orders from your supervisor.
Also, your work day does not necessarily end when you leave the work site; it may end before you leave
the premises. Your work day ends when you stop your work process for the day. Any time spent talking to
other employees about non-work related issues or taking care of personal business is not counted as
work time and is not to be included on your time card.
You are required to accurately enter on your time card both the starting time and ending time of
your work day. If the supervisor asks you to work over but not to enter the extra time on your time card,
then you must contact Human Resources so that we may correct the situation. If you are finishing
something for the day and it runs over ten minutes, then that ten minutes will be added to your time card.
You will either be given time off during that week or you will be paid for the overtime or given
compensatory time off within the next thirty days.
You are required to accurately account for any lunch time (unpaid) taken on your time card during
the work day. If the supervisor asks you to work through lunch but not to enter the extra time on your
time card, then you must contact Human Resources so that we may correct the situation. Lunch breaks
that are not duty free must be accounted for as compensatory time or paid to the employee.
Work as a volunteer after hours is generally not compensated, unless it is performing the same duties for
which you are paid. This normally occurs when the employee volunteers to work at the school as a
parent. The volunteer work generally should be in a capacity other then what the employee is paid to do.
If the employee volunteers to work doing essentially the same duties that they are paid to do during the
day, then that work time will be compensated.
An exception may be volunteer work that is for an organization separate from the school system and paid
for out of that organization’s funds and not paid through the employee’s payroll account. If there are any
questions, please call Human Resources to clarify what volunteer activity will and will not be
compensated.
Lunch and break periods are not required for any group of employees, either certified or support
personnel. If the job responsibilities allow either a lunch and/or a break time, the following guides will be
followed:
Lunch period:
• Non-exempt employees
• Lunch periods are 30 minutes
• Lunch periods are duty free
• Not compensated
However, if the job responsibilities of non-exempt employees require them to work through
their lunch period, then they will be compensated for that 30 minute period
Break Period:
• Non-exempt employees
• Break periods are 15 minutes
• Break periods are compensated
• Maximum of 2 per day
Mileage for personal use of your own vehicle will be reimbursed at the prevailing rate as set by the state
of Alabama. In general, if your job duties require it or if a supervisor requests or requires you to use your
vehicle for school or system related business (except travel to and from your home to the work site), then
you are to be reimbursed for this expense.
There are no exceptions; if you are required to use your personal vehicle for system business then you
are due to be reimbursed for that use. Some examples are as follows:
• Travel to required meetings. However, if you are taking time off during the day to attend a
meeting that is not required, then mileage is not to be reimbursed.
• Travel to make bank deposits. If the deposit is made after leaving school and the bank is not on
the route home, then the mileage for only the distance deviated is to be reimbursed.
• Travel to the central office. However, if it is to take care of your personal business, then mileage
is not to be reimbursed.
• Travel to different work sites. However, if system transportation is offered but refused, then
mileage is not to be reimbursed.
• Travel to purchase supplies.
PAYROLL
All Board employees shall be paid in accordance with the salary schedule adopted for the particular
budget year. All regular employees of the Board will be paid either monthly or semi-monthly. Monthly
checks are paid on the last day of the month. Semi-monthly employees will be paid on the 15th of the
month and the last day of the month.
With the exceptions of deductions for absences not covered by paid leave and those required by law, all
categories of deductions from salary shall be subject to Board approval and/or voluntary on the part of the
individual employee.
Pay increases mandated by state law shall be implemented on the date dictated by said law. No
mandated pay raises shall be implemented retroactively unless the Board takes affirmative steps to do
so.
Full-time employees work a set number of days during the year for which he/she is compensated.
Different groups of employees have different lengths of employment based on what they do. The length of
the contract year can range from 177 days to 260 days, depending on the type employee and whether
he/she works in the central office, elementary school, middle school, high school, or with support
services. Twelve month employees will either work 240 or 260 days a year, depending on their date of
hire. Unless covered by Annual Leave, Personal Days, or Accumulated Sick Days for illnesses,
employees will not be paid for days not worked.
School based employees, who are not twelve month employees, do not work during parts of the summer
months; however, we pay all full-time employees on a twelve month basis. Each pay period a certain
number of days are set aside to pay for the months during the summer that the employees do not work.
These summer payout checks are for time worked during the year but withheld to pay employees during
the summer months.
Those employees hired for less than twelve months and who are hired at the beginning of the contract
year should receive their full pay during each month worked. However, employees who start work after
the start of their contract year will receive a lower salary for the months worked during the first year
because they will not work their full contracted number of days.
• Salary Example 1: 187 day employee is hired at a salary of $18,000 a year and starts work at the
beginning of the contract year. He/she will be paid $1,500 per month. ($18,000/12=$1,500)
• Salary Example 2: 187 day employee is hired at a salary of $18,000 a year. He/she is hired after
the beginning of the year and starts work during October. He/she will only work 140 days for the
year, therefore he/she will be paid only $1,347.59 per month. ((( $18,000 / 187 = $96.26 daily rate
) X 140 days = $13,475.94 for the year ) / 10 months that checks are due = $1, 347.59 ) The
following year the monthly salary will become the regular salary of $1,500 as the employee will
start work at the beginning of the contract year.
This same type of calculation will also occur if the employee is on an unpaid leave of absence for an
extended period of time. A significant amount of unpaid leave will change the total of your monthly pay for
the remainder of the contract period.
After the employee returns to work from the leave of absence, the payroll department will recalculate the
monthly rate of pay depending on how many days are left in the contract year. Contact the payroll
department if you have concerns about your pay after an extended unpaid leave of absence.
INSURANCE
The following are some general guidelines from the Public Education Employees' Health Insurance Plan
(PEEHIP) as found in their Handbook. If there are any questions regarding coverage, call or write the
PEEHIP office in Montgomery at 135 South Union Street, P. O. Box 302150, Montgomery, AL 36104-
0001, Montgomery, AL 36130-2150, (334) 832-4140.
Full-time employees and permanent part-time employees are eligible for coverage with PEEHIP. A
permanent part-time employee is also eligible for PEEHIP if he/she agrees to payroll deduction for a pro
rata portion of the premium cost for a full-time employee. The amount of the deduction is based on the
percentage of time the permanent part-time worker is employed.
The Open Enrollment period will begin July 1 and end August 31, 2006, for changes to be effective
October 1, 2006. All open enrollment forms and written requests must be postmarked no later than
August 31, 2006, for the PEEHIP office to accept the request. However, this year members will be able to
make open enrollment changes after August 31 by going online from September 1, 2006, thru September
10, 2006. Members can add new types of coverage, dependent coverage or change coverage types
during this open enrollment period.
The PEEHIP office will be determining and managing the premium deductions; therefore, active and
retired members will be required to send all insurance changes to the PEEHIP office. Active employees
will no longer go through their employer to make insurance changes. Prior to the payroll cutoff date, the
PEEHIP office will send an electronic file to each employer authorizing the payroll deductions for each
employee. The payroll deduction amount will be based on the insurance plan(s) you have selected. If the
payroll deduction is incorrect, you will need to contact the PEEHIP office instead of your employer.
Summary of Changes effective October 1, 2005 (Details are on the Web site at www.rsa.state.al.us)
Medicare Part D
PEEHIP has elected to continue providing prescription drug benefits to Medicare eligible retirees and
covered dependents even when these members are eligible for the new Medicare Part D program.
However, if a Medicare eligible member or dependent chooses to enroll in the Medicare Part D program,
he or she will lose the PEEHIP prescription drug coverage. Medicare eligible members and dependents
still need Medicare Part A and Part B but not Part D. Medicare eligible members and dependents should
not enroll in Medicare Part D.
Non-Duplication of Benefits
All PEEHIP members and covered dependents who use their PEEHIP hospital medical plan as their
secondary plan will still be required to pay any copays or deductibles imposed by the PEEHIP plan.
PEEHIP will cover other health plan deductibles and copays that exceed the PEEHIP copays.
New Employees
New employees may enroll on their date of employment, the first day of the month following employment,
or October 1. Enrollment should be completed within 30 days of the employee’s employment date. If not
enrolled within 30 days, the employee will only be allowed to enroll in single hospital medical coverage
effective the date of enrollment not the date of employment.
New employees may add family coverage on their date of employment or within 60 days of employment.
Also, new employees employed during the Open Enrollment period cannot enroll in the optional plans on
their date of employment and cancel the plans October 1 of that same year.
New employees who enrolled in the optional plans outside of the Open Enrollment period are required to
retain the coverage(s) for at least one year or until the next Open Enrollment period.
Waiting Periods
Pre-existing conditions will be waived on all new coverages that are effective October 1. Otherwise
waiting periods will apply on pre-existing conditions. New employees and dependents with effective dates
of coverage on or after July 1 will be given waivers on the waiting periods for pre-existing conditions.
Employees with effective dates of coverage after October 1 but before July 1 will be required to serve a
270-day waiting period on pre-existing conditions, unless proof of previous coverage is received and
approved by PEEHIP.
Waiting periods on pre-existing conditions will be waived under the following conditions:
1) Any non-subscriber of PEEHIP who elects to enroll in the PEEHIP Hospital Medical coverage or
any of the HMO plans during the Open Enrollment period
2) Subscribers of an HMO plan who elect to transfer to PEEHIP Hospital Medical coverage effective
October 1
Current Employees
Open Enrollment for all current employees takes place in July, August, and September for coverage to be
effective October 1. Employees may add or change types of coverage, including dependent coverage,
during this Open Enrollment period. Pre-existing conditions will be waived on all new coverages that are
effective October 1. Open Enrollment forms completed on or after October 1 will not be accepted by
PEEHIP.
Transfers
Employees who transfer from another system are considered current employees and must keep existing
insurance coverage until the Open Enrollment period. Changes will be effective October 1.
Loss of Coverage
Employees whose spouse or other dependent has an involuntary loss of hospital medical coverage will
be allowed to add family coverage to existing Hospital Medical plan within 60 days of the loss of
coverage. Members and/or dependent(s) will be required to serve a 270-day waiting period on pre-
existing conditions unless proof of previous coverage is received and approved by PEEHIP. If PEEHIP is
not notified within 60 days, the employee and/or the dependent(s) will be required to wait until the Open
Enrollment period.
Eligible dependents
1) The employee’s lawful spouse;
2) Unmarried dependent child under the age of 19, only if the child is:
(a) The employee’s biological son or daughter;
(b) The employee’s legally adopted child (including any probationary period during which the
child is required to live with the employee);
(c) The employee’s stepchild or foster child fully dependent upon the employee for support and
permanently residing in the employee’s household in a normal parent-child relationship with
no foreseeable or expected termination. Documentation will be required by PEEHIP before
the child will be enrolled.
(d) A child related to the employee by blood or marriage who is fully dependent upon the
employee for support and permanently residing in the employee’s household in a normal
parent-child relationship, where neither the child’s natural mother nor natural father live in the
employee’s household and the employee and child’s relationship has no foreseeable or
expected termination. Documentation will be required by PEEHIP before the child will be
enrolled.”
3) The employee’s unmarried dependent child between the ages of 19 and 25. All three conditions
must be met for the child to be an eligible dependent. The child must have:
(a) His/her legal residence with the employee,
(b) Be wholly dependent upon the employee for maintenance and support,
(c) Be a registered full-time student at an accredited secondary or postsecondary school, college
or university.
4) Unmarried dependent child of any age incapable of self-sustaining employment because of a
physical or mental handicap and is chiefly dependent on the employee for support. Also, the child
had to be covered as a dependent on the employee’s PEEHIP policy before reaching the limiting
age. Proof of the child’s condition and dependence must be submitted to PEEHIP within 31 days
after the date the child would otherwise cease to be covered because of age.
Ineligible Dependents
1) Once an “eligible” dependent has “married” or “aged out,” that person is ineligible to participate in
PEEHIP again as a dependent except subsequently as the spouse of an eligible employee.
2) Ex-spouses are not eligible dependents even if an employee continues to pay for family
coverage. The ex-spouse must be deleted from coverage effective the first day of the month
following the date of divorce.
3) Step-children who do not live in the employee’s household.
Marriage
An employee with single coverage who marries and wishes to acquire family coverage must submit
written notification to PEEHIP within 31 days of the date of marriage. The effective date of coverage may
be the date of marriage or the first day of the following month. The 270-day waiting period on pre-existing
conditions will be waived if proof of previous coverage is received and approved by PEEHIP.
If PEEHIP does not receive written notification within 31 days of the date of marriage, the eligible
dependent will be added as of the date of notification or first of the month following notification. The
eligible dependent will be required to serve a 270-day waiting period on pre-existing conditions unless
proof of previous coverage is received and approved by PEEHIP.
Newborn
An employee with single coverage who desires family coverage due to the birth of a child must submit
written notification to PEEHIP within 31 days of the date of birth. The effective date of coverage may be
the date of birth or the first day of the following month. A waiting period on pre-existing conditions will be
waived for the newborn child if the effective date is the date of birth. If a newborn is not covered on the
date of birth, claims for the newborn at the time of birth will not be paid.
When adding family coverage, an employee can add all eligible dependents to the policy. However, the
newly added dependents may be subject to the 270- day waiting period on pre-existing conditions. If
PEEHIP does not receive written notification within 31 days of the date of birth, the eligible dependent(s)
will be added as of the date of notification. In this case, the eligible dependent(s) will be required to serve
a 270-day waiting period on pre-existing conditions unless proof of previous coverage is received and
approved by PEEHIP.
An employee who is only enrolled in the four optional plans cannot enroll in the Hospital Medical Plan due
to the birth of a child.
In addition, PEEHIP requires appropriate documentation as to the whereabouts of the natural mother and
father, such as custody or guardianship papers, notarized statement, etc. If custody is temporary, the
dependent child must have resided in the employee’s household for at least one year before the
dependent can be considered for coverage.
Allocations
An employee receives the State insurance allocation for each month employed as long as that employee
is in pay status at least one-half of the working days of that month. If an employee works October 1 thru
November 8, he/she will earn the October allocation but not the November allocation. An employee may
get paid for a portion of a month but may not earn the allocation for that month if he/she is not in pay
status at least one-half of the workdays of that month. Permanent part-time employees who meet the
qualifications will be entitled to a pro rata allocation.
Professional employees employed full-time are eligible for a full allocation, such as teachers, counselors,
librarians, administrative employees or others.
Support workers, such as janitors, custodians, maintenance workers, lunch room workers, or teacher
aides, must be employed at least twenty (20) hours per week to receive a full allocation. Bus drivers are
full-time employees by law regardless of the hours worked. Employees who work at least fifteen (15)
hours but not more than twenty (20) hours per week are entitled to a ¾ insurance allocation. Employees
who work at least ten (10) hours but less than fifteen (15) hours per week are entitled to a ½ insurance
allocation. Employees who work less than ten (10) hours per week are entitled to a ¼ insurance
allocation.
Allocation Entitlement
If you are enrolled in the Hospital/Medical or HMO Plan the following gives you the State allocation
entitlement based on the amount of time worked. Each additional optional plan can also be purchased for
$38.00 a month.
Leave
An employee can use his or her accrued or donated sick leave in order to be in pay status to receive the
State allocation. Sick leave, annual leave, or catastrophic leave cannot be manipulated in such a way that
an employee receives the allocation inappropriately. An employee must use his or her accrued sick leave,
annual leave, or catastrophic leave continuously and consecutively when not actively employed.
3-1 Rule
An employee earns one month of an additional insurance allocation for that school year for every three
months the employee is in pay status for at least one-half of the workdays in the month. The 3-1 Rule
only applies in a situation where an employee has terminated employment, retires, is not in pay status at
least one-half of the work days in the month, goes on an approved leave of absence without pay, or
begins employment in the middle of the year.
The following table should be used when calculating the number of months an employee is entitled to
receive the insurance allocation:
Terminated Employee
The system is not required to pay the September allocation for an employee terminated by the end of
May when the employee has worked September through May. These employees have earned the
insurance allocation through August and should not be given credit for the September insurance
allocation.
Death
Extra insurance allocations earned under the 3-1 Rule can only be used by the employee and cannot be
used by the employee's family in the event of the employee's death. If a husband and wife are combining
allocations and one employee dies, the living spouse cannot use the deceased employee’s extra
allocation earned.
Transferred Allocations
Employees can transfer the State allocation to a spouse who is employed with a PEEHIP participating
system. However, an employee may not transfer the State allocation to a spouse who is employed with a
non-participating system. Also, a retired employee's allocation cannot be transferred to an active
employee, but a retired employee can accept the active spouse's allocation.
Combined Allocations
When two full-time employees, both covered under PEEHIP, elect to combine their allocations, there is no
premium required for family Hospital Medical coverage. However, if these employees are also enrolled in
optional plans, they will be required to pay those premiums. Any surplus premium cannot be applied to
the cost of purchasing optional plans.
Within 30 days of employment or marriage, a husband and wife must notify the MCPSS Insurance
Department of their intent to combine allocations and complete the required forms.
Spouses can only begin combining insurance allocations at the following times:
1. October 1.
2. First day of the month following marriage (only if employees are enrolled in Hospital Medical plan
at the time of marriage and not enrolled in the optional plans).
3. First day of the month following employment. If new employee starts to work on the 1st day of the
month, the employee and spouse can begin combining allocations on the 1st day of that month
only if the spouse is already enrolled in family coverage.
If either the employee or spouse who is combining allocations dies or the couple gets a divorce, the
employee cannot continue to get credit for the spouse’s allocation. However, in the case of an employee
or spouse terminating employment or going on an approved leave of absence, the employee or spouse
would get credit under the 3-1 Rule rule for any extra earned allocations. Husband and wife cannot begin
combining allocations after the birth of a child.
Leave of Absence
An employee who goes on an authorized leave of absence without pay can continue group health
coverage for up to two years of authorized leave before he/she would be terminated and required to enroll
in continuation of coverage under the COBRA provisions. He/she could then continue the health
insurance coverage for an additional 18 months under the COBRA provisions.
Conditions
Leave earned under the Family Medical Leave Act (FMLA) is for a maximum of 12 weeks. Leave granted
under FMLA will not be applied to the summer months for 9-month employees or during any time that the
employee is not required to be at work.
If an employee earns an extra summer allocation under the 3-1 Rule, that month will be applied to the end
of the 12 weeks that were granted under FMLA. An employee cannot earn the insurance allocation under
FMLA if he/she is retiring or not returning to work unless the reason for not returning to work is a serious
health condition or circumstance beyond the control of the employee.
COBRA
Under COBRA, the employee, ex-spouse, or dependent has the responsibility to inform PEEHIP within 60
days of a divorce, legal separation, or a child losing dependent status under the Plan. PEEHIP may be
notified by phone or in writing. A dependent’s coverage ends on the last day of the month in which the
dependent becomes ineligible by turning age 19 or 25 if a full time student or by marriage.
When PEEHIP is notified of a qualifying event, PEEHIP will in turn notify the eligible employee that he/she
has the right to choose continuation of coverage. The eligible employee has 60 days from the date he/she
would lose coverage because of one of the qualifying events to inform PEEHIP that he/she wants
continuation of coverage.
If the eligible employee does not choose continuation of coverage, his or her PEEHIP group health
insurance coverage will end the last day of the month in which the employee becomes ineligible. If an
employee and/or dependent becomes entitled to Medicare after electing COBRA coverage, he/she is no
longer eligible to continue the COBRA coverage.
Continuation of Coverage
If the eligible employee or dependent chooses continuation of coverage, PEEHIP is required to give
coverage which, as of the time coverage is being provided, is identical to the coverage provided under the
Plan to similarly situated employees or dependents and is the same coverage he/she had prior to the
qualifying event.
COBRA requires that the eligible employee be afforded the opportunity to maintain continuation of
coverage for 36 months unless he/she lost group health coverage because of a termination of
employment or reduction in hours. In that case, the required continuation of coverage period is 18
months. COBRA also provides that an employee's continuation of coverage may be cut short for any of
the following five reasons:
1) PEEHIP no longer provides group health coverage to any of MCPSS employees.
2) The premium for continuation of coverage is not paid by the employee when payment is due, or
the premium payment is insufficient.
3) The employee becomes covered under another group health plan which does not contain any
exclusions or limitations with respect to any pre-existing condition.
4) The employee or dependent becomes entitled to Medicare after COBRA benefits begin.
5) The employee becomes divorced from a covered employee and subsequently remarries and is
covered under the new spouse's group health plan, which does not contain any exclusions or
limitations with respect to pre-existing conditions.
An eligible employee does not have to show that he/she is insurable to choose continuation of coverage.
However, under COBRA, he/she is required to pay the full monthly premium for continuation of coverage.
COBRA coverage is available for 18 months for a terminated employee and their dependents and 36
months for a dependent who becomes ineligible for reasons such as aging out, non-student status, or
divorce.
If an employee who is on COBRA dies before the 18 months have lapsed and the employee’s family is
covered under COBRA, the eligible covered family members can continue the COBRA coverage up to a
total of 36 months from the date of the original qualifying event.
Dependent Coverage
A spouse of an employee covered by PEEHIP has the right to choose continuation of coverage if the
spouse loses group health coverage under the Plan for any of the following reasons:
• Death of the employee.
• Divorce or legal separation.
• Termination of the employee's employment (for reasons other than gross misconduct) or
reduction in the employee's hours of employment.
• Employee’s eligibility for Medicare.
In the case of a dependent child of an employee, he/she has the right to continuation of coverage if group
health coverage under the Plan is lost for any of the following reasons:
• Death of a parent.
• Parents' divorce or legal separation.
• Dependent ceases to be a dependent child under the Plan.
• Termination of a parent's employment (for reasons other than gross misconduct) or reduction in a
parent's hours of employment.
• Parent becomes eligible for Medicare.
Supplements:
Dental
Hospital Indemnity
Vision
Cancer
As an employee in education, you face many challenges. Whether you teach, maintain equipment,
prepare meals, manage a department, assist on the playground, coach sports, drive a bus, or run a
school, your effective performance is important to the overall quality of the educational program and to
your own sense of job satisfaction. The Employee Assistance Program (EAP) is available to all
employees and their dependents.
The EAP program is a confidential service available for employees who experience problems which may
eventually affect their employment. It is confidential as long as there is no threat of harm to students or
other employees. Self-referrals do not become part of any employment record and are not reported to
supervisors. Contact the Personnel Administrator for Employee Relations for additional information at
221-4531.
The EAP program is separated into two distinct areas. The first area is based on referrals to appropriate
outside resources that can help employees resolve their own problems. The program does not provide
treatment, but rather assists or refers employees to professionals who are experts in the area of the
employee’s problem. Assistance is provided for any situation that may affect the employee’s job
performance.
The second program area is based on professional counseling services provided by Bayview
Professional Associates. Bayview will provide up to four visits free of charge for the employee and his/her
immediate family members. When something prevents you from doing your best, you suffer and your
work suffers. These counseling sessions may address any of the circumstances which can interfere with
your work, such as stress, family problems, relationship problems, alcohol/drug dependence, legal
problems, financial difficulties, or job dissatisfaction.
Your personal life, of course, is your business and there is no intent to intrude. However, if your
performance suffers, then our business is to help you try and solve your problems and perform at your
best. Any self-referral to the EAP program is confidential. No report is made to the supervisor nor is
any record placed in the employee’s personnel file.
Should any problems or stress begin to affect performance, it is felt that the employee has an obligation
to seek professional help either through the Employee Assistance Program or any other outside program.
If there are problems affecting your work performance, please seek help in order to assure the students of
Mobile County have the very best professionals teaching them.
The Sick Leave Bank (SLB) was established according to Alabama Code, Section 16-22-9 and 16-1-18.1
to help employees during the financial pinch of lost work due to illness or injury. Any full-time or part-time
employee who receives Accumulated Sick Days as a benefit is eligible to join the SLB. Membership is
optional and requires only two days to be deposited in the bank. These days will be returned once the
employee resigns from the bank.
Open enrollment is the first 30 days of the school year. New employees may join the SLB within the first
four (4) weeks following their employment date. To join the SLB, the employee shall complete and sign
the authorization form to contribute two (2) Accumulated Sick Days or to commit two (2) Accumulated
Sick Days for deposit in the SLB. Pledged days shall be deposited from the first two (2) Accumulated Sick
Days earned by the employee.
An employee shall be allowed to borrow (owe) no more than 15 days from the bank. However,
employees, at their discretion, may donate their own days to a specific employee who is suffering a
catastrophic illness. In order to receive or donate days, both employees (beneficiary and donating) must
be members of the Sick Leave Bank. State law provides that no employee may donate more than 30
days to any one employee.
Sick leave days owed to the SLB shall be paid back at a rate of one per month beginning with the next
available earned sick leave day and continuing until the debt has been repaid.
To be eligible for a loan from the SLB, a participating member must have exhausted all accumulated sick
leave in his/her personal account. Also, the applicant must have missed at least three (3) days due to the
same illness (not a recurring illness such as headache or sinus infection) before applying for a loan from
the SLB. Any sick leave drawn from the SLB by a participating employee shall be used in accordance
with the definition of sick leave as set forth in state statutes and Board policies/procedures.
A participating member must borrow and utilize days from the SLB up to the maximum number of days
allowed from the SLB. Any donated days may be used to repay the loan days borrowed.
No limit is established on the number of days a beneficiary employee may receive from donors. Donated
days will be at the donor’s discretion. Donated days not used by the beneficiary employee shall revert to
employees who donated the days on a prorated basis.
In accordance with state law, before Accumulated Sick Days for a catastrophic illness may be donated,
the employee who is to receive such days shall have no Accumulated Sick Days or personal leave
remaining in his/her personal account.
Catastrophic Illness is defined as “any illness or injury so certified by a licensed physician which causes
the employee to be absent from work for an extended period of time.” The “extended period of time” will
be determined on a case-by-case basis by the SLB Committee.
The SLB Committee is required to forward Accumulated Sick Days donated by participants to another
SLB for use by a particular employee who is suffering from a catastrophic illness.
If an individual leaves the school system, any outstanding SLB debt must be repaid and his/her final pay
check shall be reduced in an amount equal to the number of days of debt times the employee’s current
daily rate of pay.
Any member who is retiring from the school system may withdraw his/her contributed days to be applied
toward the person’s retirement credits.
PERSONAL LEAVE
All full-time employees, teachers and support personnel, are granted two days of personal leave annually.
New employees starting work after December 31st will receive only one personal leave day for that year.
Employees starting work after March 31st will receive no personal leave days for that year. Unused
personal leave may, at the discretion of only teachers, be reimbursed to the teacher at the end of the
school year at the same daily rate as is paid to substitute teachers for each day of personal leave not
taken by the teacher. Support personnel are not eligible for reimbursement of unused personal leave. The
teacher or support employee may choose to convert personal leave days to sick leave days at the end of
the school year. This conversion will take place after the June 30 payroll.
No teacher, or support employee, as a condition to receive personal leave, shall be required to divulge his
or her reasons for requesting such leave. However, this does not mean that personal leave can be taken
at any time the employee chooses. Personal leave may be denied to insure proper staffing and support of
the departments or schools. Basically, this means that if there is a valid business need for the person to
be at work, then the employee may not be allowed to take their personal leave at that particular time.
Accumulated Sick Days for full-time employees shall accumulate at the rate of one day per month for
each month of regular employment during the year. They provide a day’s pay when the employee is
unable to work because of illness or injury for themselves or an immediate family member.
Accumulated Sick Days are not to be used as vacation or personal leave. Using Accumulated Sick
Days for anything other than your sickness or that of a family member is a violation of state law and
Board policy and may be considered fraud.
Accumulated Sick Days are available only for the following situations:
1. Personal illness or doctor’s quarantine.
2. Incapacitating personal injury.
3. Attendance upon an ill member of the employee’s immediate family (parent, spouse, child,
sibling) or an individual with a close personal tie.
4. Death in the family of the employee.
5. Death, injury, or sickness of another person who has unusually strong personal ties to the
employee, such as a person who stood in loco parentis.
If an employee is off work because of one of the stated reasons for over ten (10) work days, he will be
required to provide a physician’s statement or other documentation which verifies disability, birth, or
adoption of a child. Should circumstances warrant it, a supervisor may require a physician’s statement for
any medical absence.
Refer to the section in this Handbook on retirement for further information regarding the use of
Accumulated Sick Days in order to increase the amount of retirement credit, which in turn will increase the
amount of the retirement check.
All full-time twelve month employees will receive Annual Leave (vacation) days based on the number of
months worked during the year. Annual leave is earned on an accrual basis. It is not awarded in advance
of time worked.
Those full-time, twelve month employees hired after July 1, 1999 will receive vacation days according to
the following schedule.
Those full-time, twelve month employees hired before July 1, 1999 will receive vacation days according to
the following schedule. These employees will also be eligible for Optional Vacation Days, which vary in
number from seven (7) to nine (9) days per year.
Accumulated Annual Leave in excess of forty-five (45) days shall become sick leave days and may be
used as sick leave or accumulated for purposes of retirement, subject to the Retirement System of
Alabama (RSA) rules at the time of retirement. Unused Annual Leave will be allowed to accumulate up to
the forty-five (45) days as of the attendance reporting date for the June 30th payroll. Employees leaving
the system shall be paid for unused accumulated Annual Leave up to the maximum allowed by policy.
Annual Leave or Optional Vacation Days may be taken at intervals during the year so long as
arrangements are pre-approved by the supervising administrator and so long as the vacation taken does
not exceed the accumulated vacation earned. Depending on the needs of the system, Annual Leave and
Optional Vacation Leave may be denied to insure proper staffing and support of the departments or
schools.
The Superintendent and Board may desire to have certain offices/departments/divisions of the system
open and adequately staffed for the public on certain non-holidays. Division heads and supervisors may
be required to ensure staffing and supervision during these times, which may impact an employee’s
ability to take a vacation or personal day.
HOLIDAYS
The system will be closed for Board approved holidays. Holidays may be paid or unpaid, depending on
the salary schedule the employee works under. The Board, at its discretion may change the holidays from
year to year; therefore, the number of holidays may vary in number. Generally, these holidays are:
School Calendars are approved every year by the Board, which gives both the student attendance
calendar and the twelve month employee work calendar. All approved holidays are listed on this calendar,
which is distributed to all schools and departments for the benefit of the employees.
LEAVES OF ABSENCE
The Board complies with all state and federal laws in regard to granting leaves of absence for all
employees. It also believes that the provision of leaves of absence for professional employees helps to
attract and retain employees who will continue to grow professionally by providing them the opportunity
for continued professional growth.
If an employee is out on sick days for over ten (10) consecutive days, he/she must apply for a Leave of
Absence on Form HR-124 in order to protect his/her employment rights. Any employee who has been
absent from work for more than ten consecutive days and who has not obtained an approved leave or
otherwise accounted for the absences will be considered to have abandoned his/her job. The employee
will be recommended for termination.
It is the responsibility of the employee to insure that Employee Relations has an up to date HR-124
and medical documentation for the entire time of his/her leave of absence.
All employees on leave must keep their supervisors and Employee Relations apprised of the length of
their absence. Each employee must also provide medical documentation from his/her provider that
he/she is physically qualified to return to work before showing up for work.
KEEP YOUR SUPERVISOR ADVISED OF YOUR STATUS AND PROJECTED RETURN TO WORK.
The HR-124 must be signed by the supervisor and when it is sent to Employee Relations, it must be
accompanied by a physician’s or provider’s statement of disability for the period of the requested leave of
absence.
If a leave of absence is not requested for an extended unpaid absence, then the employee may
face disciplinary action up to termination.
Also, if an employee is out over ten (10) days, then a physician’s or provider’s statement must be
provided upon return to work. If there is reason to suspect abuse, a physician or provider statement may
be required for any absences of less than ten days.
Not all leaves of absence apply to all employees. Some leaves of absence require tenured or non-
probationary status.
Employee Handbook for Human Resources – July 2006
This Handbook is only a guide. It does not constitute any part of any employment contract, nor supersede any law, policy or procedure.
- 34 -
MOBILE COUNTY PUBLIC SCHOOL SYSTEM
Division of Human Resources
The Family Medical Leave Act requires the employee to be employed for at least one year and that the
employee must have worked at least 1250 hours during the year prior to taking the leave. If there are any
questions about whether the FMLA would be available, contact the office of the Personnel Administrator
for Employee Relations.
For complete information on the requirements for any of the system’s leaves of absence, contact the
office of Employee Relations.
For tenured employees and non-probationary employees, the granting of a leave of absence does not
affect their job location or job status. Upon returning from a leave of absence, an employee will be
returned to essentially the same job from which he/she left.
• For a teacher, it means back to the same school and same grade.
• For a support employee, it means returning to the same school or department.
During his/her absence, job duties may have changed based on the needs of the system, but there can
be no loss of status.
Basically this means that tenured and non-probationary employees may not be transferred. It also means
that a permanent, full-time employee may not be hired in their place.
Maternity/Paternity Leave
Maternity or Paternity Leave is available for employees for the birth or adoption of a child. It will be unpaid
and may extend up to one year from the date of the birth or adoption of the child.
Accumulated Sick Days may only be used for periods of disability related to the pregnancy, delivery, or
postpartum recovery.
The portion of the leave used for the parental care of the child will be without proof of a qualifying medical
condition of the parent or child.
Employees requesting Maternity/Paternity Leave following postpartum recovery will only be cleared to
return to work at the expiration of the requested leave.
Eligible employees, as determined under the FMLA, will be granted a period of leave, up to 12 weeks, for
either a personal illness, an illness of an immediate family member, the birth of a child or the adoption of
a child. This period of leave will be in conformity with the FMLA rules and regulations. After proper
documentation has been received and the leave approved, it will begin after any period of Accumulated
Sick Days and before any period of extended sick leave.
Under the Family Medical Leave Act, an immediate family member is defined as:
1. Son;
2. Daughter;
3. Father;
4. Mother;
5. Person who stood in loco parentis;
6. Does not include “in laws”.
Tenured or non-probationary employees may, upon approval by Human Resources, be allowed to take
Extended Sick Leave for a period of up to one year. Approval of Extended Sick Leave will be based on
medical necessity and disability after submission of proper medical documentation. A physician’s
statement verifying the employee’s physical inability to perform his/her job functions will be provided by
the employee for each period covered by Accumulated Sick Days (when required), FMLA, Extended Sick
Leave and the period of Maternity/Paternity Leave which covers disability from pregnancy, delivery, and
postpartum recovery. Failure to provide proper medical documentation may result in denial of
Accumulated Sick Days, FMLA, and/or Extended Sick Leave (failure to report to work in the absence of
proper documentation could be considered abandonment of job).
For school based instructional employees (i.e. teachers, aides), Extended Sick Leave will not extend
beyond the end of the quarter that is in progress twelve months after the commencement of the leave.
Should the employee be cleared to return to work within three weeks of the end of a school quarter, that
employee may be required to remain off work until the beginning of the next quarter. For 12 month
employees and support employees, the Extended Sick Leave will not extend beyond 12 months after the
commencement of the leave.
Extended Sick Leave is available for eligible employees who have circumstances as defined below:
1. Personal illness or doctor's quarantine.
2. Incapacitating personal injury.
3. Attendance upon an ill member of the employee's immediate family (parent, spouse, child,
sibling); or an individual with a close personal tie.
4. Death in the family of the employee (parent, spouse, child, sibling, parent-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, nephew, niece, grandchild, grandparent, uncle, or
aunt).
5. Death, injury, or sickness of another person who has unusually strong personal ties to the
employee, such as a person who stood in loco parentis.
An employee who fails to return to work after the expiration of any period of leave (without approval of a
valid leave of absence) shall be considered to have abandoned his/her job and may be recommended for
termination.
An employee who fails to apply for FMLA, Extended Sick Leave, or Maternity/Paternity Leave as outlined
in this policy may be considered to have abandoned his/her job and may be recommended for
termination.
Employees will retain tenure and employment status while on approved leaves. In general, retirement
credit and local experience credit will not be earned during leaves of absence.
Employees are not allowed to work during any leave of absence in which a physician or mental health
provider certifies disability. For Maternity/Paternity Leave, employees are not allowed to work unless it is
part time work outside their normal working hours.
Once the Accumulated Sick Days and/or FMLA leave has ended, the employee will be responsible for the
entire premium, both the system’s premium and the employee’s premium during this period.
The employee, based on guidelines set out by the state and/or PEEHIP, may or may not accrue
insurance allocations while on FMLA, Extended Sick Leave, or Maternity/Paternity Leave.
Non-Probationary classified employees shall be eligible for a one year leave of absence only to pursue a
teaching degree. It is expected that the employees will seek a teaching position with MCPSS after
becoming certified.
Before a leave of absence will be granted, the Certified Employee must submit:
1. Letter from advisor;
2. Proof of acceptance in the program and
3. Planned study program or final registration
Before a leave of absence will be granted for student teaching, the Classified Employee must submit:
1. Planned study program and
2. Copy of final registration
Before returning to work, the employee must provide proof of completion of the approved program of
study.
Military Leave
An employee who is to be on military leave will inform his/her administrative supervisor as soon as
possible. A copy of the employee’s military orders is to be attached to the request for leave. Employees,
while on military leave, are eligible to receive up to 21 paid days per calendar year.
When an employee finds out that he/she is unable to work he/she must:
1. Call the EARS/SubFinder reporting system and report the absence.
a. Use the EARS/SubFinder system to request a substitute, if your position is authorized a
substitute.
2. Follow your departmental procedures and notify the proper individual or supervisor to report your
absence and the estimated duration of the absence.
However, all employees must still call their administrators to personally report their absences.
With EARS/SubFinder, employees utilize a touch-tone telephone to simply call the system at 221-0000
and report their absences. Once absences have been reported (if the absent employee is entitled to one),
EARS/SubFinder begins calling and arranging substitutes. Employees may also access the
EARS/SubFinder system online at https://SubFinder.mcpss.com/webconnect. The EARS/SubFinder
System automatically faxes/emails every system site and every central office department each morning in
order to report all absences and the corresponding substitutes engaged for that day.
The EARS/SubFinder System is a proactive management tool; operating 24 hours a day, 7 days a week,
365 days a year. Employees have the ability to call in and report absences up to a year in advance.
Substitutes can tell the EARS/SubFinder system which sites they prefer to work, their scheduled
availability, and when they prefer EARS/SubFinder to call them for jobs. Substitutes will also be allowed
to call EARS/SubFinder to shop for jobs and schedule themselves as needed.
When employees utilize a telephone for EARS/SubFinder system access, Interactive Voice Response
(IVR) technology manages the complete process by using voice prompting to guide the employee and
substitute through each step in an orderly manner. This means that complete information is obtained
about each absence every time. Similarly, when the EARS/SubFinder system is accessed via the Internet
interface, complete information is obtained on the employee absence. The absent employee may even
leave detailed notes for the substitute to utilize in their absence.
Employee’s Responsibilities
1. Call the system and register by simply voicing your own name and title, so that when administrators
review the absences via phone, or substitutes are shopping via phone; they can hear the name of
the employee who is absent or the employee that needs a substitute.
2. Call the system, or access it via the internet https://SubFinder.mcpss.com/webconnect and report
absences in advance of the absence, after notifying your supervisor of your absence.
3. Update the system via the telephone or internet if an absence is cancelled.
Substitute’s Responsibilities
1. All newly hired subs (hired after 6/2/03) are required to attend EARS/SubFinder system training
before they will be added to the system. This training will be conducted during the substitute training
provided by Human Resources and Staff Development.
• This training is offered on a monthly basis by the school system. Substitute applicants must
attend this training at least once before becoming an active Substitute Teacher.
• Substitute applicants must call 221-4580 to register to attend any of these monthly substitute-
teacher training sessions.
2. Call the system and register, and the system will assign you an ID number. If a substitute does not
register (voice his/her name), then the automated system cannot call him/her and offer work, and the
automated system will not speak the substitute’s name to teachers when they are checking their
absences via phone to verify their substitute arrangements. It is mandatory that substitutes register
with EARS/SubFinder before they are allowed to work.
3. Answer the phone when the SubFinder system calls you to offer substitute positions, and
accept/reject the substitute job offer as needed.
4. Keep the SubFinder systems office updated with any new phone numbers or other demographic /
scheduling information by contacting the SubFinder systems office at 221-4580.
5. Keep a record of your SubFinder-assigned ID number and provide it to any teachers who wish to
pre-arrange substitutes in the SubFinder system.
TRANSFERS
There are times when an employee will need to transfer from his/her current job to another job or different
location. It may either be because of a request by the employee to be transferred or it may be that
unforeseen circumstances require an employee to be transferred.
Job Postings
All positions that become vacant will be posted by Human Resources as an advertised vacancy a
minimum of seven (7) or fourteen (14) days, depending on when the vacancy occurs. A copy of the
posted vacancy is sent to each school and department to be displayed on their bulletin boards. The
vacancy will also be posted on the MCPSS web site, in the Division of Human Resources and on the Job
Line at 221-4547. Any employee may apply for any of the posted vacancies for which he/she is qualified.
The employee will then have to interview for the position and if selected, he/she will be submitted to the
Board for transfer, but only if the current supervisor and Human Resources agrees.
Involuntary
Employees, both educational and support personnel, who must be involuntarily transferred, will receive all
the due process afforded by law. Every attempt will be made to place the employee in a suitable position,
but sometimes vacancies simply do not exist where the employee would like to work.
Certified
Tenured teacher requests for voluntary transfer are processed once a year before the end of the school
year, usually during the month of April. Notices are sent out announcing the transfer time period along
with the Tenured Teacher Voluntary Transfer Request form and instructions. This application must be
returned within the time frame announced or it will not be processed. Even though a teacher has
requested a transfer, there is no guarantee that he/she can be transferred. Generally, non-tenured
teachers will not be considered for voluntary transfers.
Teachers must return his/her application to Human Resources. A list of teachers requesting transfers is
compiled and sent to principals. Teachers requesting transfers must contact the principals of the schools
they are interested in to request an interview. If requested, principals must grant interviews before school
ends to all tenured teachers seeking a transfer to his/her school.
Principals with vacancies who want to request a teacher seeking a transfer to his/her school will submit a
Teacher Recommendation Request Form to Human Resources. If the transfer is approved, Human
Resources will contact the teacher.
Transfers during the first two weeks of school may be necessary due to shifts in enrollments. Selection of
teachers to be moved will be based on those teachers with the least seniority and/or on the overall needs
of the program.
Classified
Any Classified/Support employee who desires to transfer to another school/department in the same type
of position or transfer to a new type of position must submit a Classified Employee Voluntary Transfer
Request form to Human Resources during the advertised vacancy posting. He/she must also follow the
same procedure as a new applicant. No verbal requests will be accepted.
1) An updated application (less than two years) must be on file in the classified department of
Human Resources.
2) When a position is advertised, the employee must have his/her name added to the applicant list
by submitting the Classified Employee Voluntary Transfer Request to Human Resources.
3) Human Resources will send the names of qualified applicants to the appropriate supervisor, who
will determine the individuals to be interviewed.
4) If the transfer is approved by the current supervisor and Human Resources, the applicant
recommended by the interviewing supervisor will be submitted to the Board for approval.
5) Upon Board approval, the transfer request will be granted.
RETIREMENT
A member may apply to purchase additional credit under certain circumstances. Contact the TRS for full
details. Some situations that may apply are credit for military service, withdrawn service, maternity leave,
or out of state service.
A member is vested in the TRS after completing 10 years of creditable service. No retirement service
credit is permitted for periods of leave without pay. Upon attainment of age 60 with at least 10 years of
creditable service or with at least 25 years of creditable service in the TRS, a member may apply for
retirement benefits. The member may retire the first day of any month following attainment of age 60. The
Application for Retirement must be received no less than 30 nor more that 90 days prior to the effective
date of retirement. It is the responsibility of the member to notify the TRS regarding intent to retire.
Additional retirement service credit will be given by the Teachers Retirement System based on the
number of Accumulated Sick Days the employee has at the time of retirement or at the time of termination
from the system. It will pay you to not use your Accumulated Sick Days and save them for retirement. The
more Accumulated Sick Days you have the earlier you can retire. The following table gives the current
breakdown of how many months of service can be given for unused Accumulated Sick Days at the time of
retirement.
Accumulated Accumulated
Sick Days Months of Service Sick Days Months of Service
0-7 0 218-232 15
8-22 1 233-247 16
23-37 2 248-262 17
38-52 3 263-277 18
53-67 4 278-292 19
68-82 5 293-307 20
83-97 6 308-322 21
98-112 7 323-337 22
113-127 8 338-352 23
128-142 9 353-367 24
143-157 10 368-382 25
158-172 11 383-397 26
173-187 12 398-412 27
188-202 13 413-427 28
203-217 14 428-442 29
The Division of Human Resources, at employee request, is available to assist retiring employees with the
completion of required Teacher Retirement System (TRS) paperwork, including notary services to ensure
that retirement benefits are processed correctly and that insurance and payroll benefits are coordinated.
This also ensures timely dissemination of benefits to retiring employees in accordance with the effective
date of retirement. The Office of Employee Relations is not a substitute for the Teacher Retirement
System of Alabama as service provider for employees electing to retire from the school system.
A member’s retirement benefit is calculated based on a retirement formula. The factors used in
calculating this benefit include:
1) Average Final Salary (Compensation: The average of the highest three years (July – June) out of
the last ten years the member made contributions)
2) Years and Months of Creditable service: The total amount of creditable service to include
membership service, prior service, purchased service, and transfer service.
3) Retirement Benefit Factor: The current benefit factor, as established by the state legislature is
2.0125%.
Disability Retirement is available if the employee is vested and permanently incapacitated from
performance of duty (must be vested with ten years retirement service credit).
Deferred Retirement Option Program (DROP) is optional. A member may participate in DROP only one
time. To be eligible to participate in DROP, the member must meet all of the following requirements:
1) Have at least 25 years of creditable service exclusive of sick leave (members cannot convert sick
leave into creditable service to become DROP eligible)
2) Be at least 55 years of age
Questions involving the benefits and eligibility for retirement should be directed to:
Teachers Retirement System
P. O. Box 302150
Montgomery, AL. 36130-2150
1-800-214-2158
RESIGNATIONS
Alabama law states that teachers may not resign, unless Board approved, during the school year and
within forty five (45) days before the start of the new school term. If a teacher leaves employment during
that time frame without the Board’s approval and if the state finds cause, there could be a loss of the
individual’s teaching certificate. Any teacher who has need to resign during the contract period or within
forty five (45) days before the start of the new school term will need to contact Human Resources to see if
he/she will be released from his/her contract.
All resignations in the school system must be submitted to the Board for approval. Since the Board’s
regular meetings are normally scheduled for the second and fourth Tuesday of each month, a resignation
list is submitted semi-monthly. After the Board approves the names submitted, a letter is sent notifying
each individual that the Board has accepted his/her resignation.
Reimbursement Program
All full-time employees are covered by the system’s On the Job Injury Program, which reimburses the
employee for time lost (up to 90 days) due to an on the job injury. Individuals working as substitutes are
not covered under the program and must apply to the State Board of Adjustment in Montgomery for any
reimbursement of medical expenses or lost wages.
All medical expenses related to the injury are the responsibility of the employee and his/her insurance
carrier. The school system does not pay for medical expenses for on the job injuries. As explained later,
some out of pocket expenses may be reimbursed by the Alabama State Board of Adjustment.
Any employee whose absence arises from a job related injury can not be required to use earned
Accumulated Sick Days, but may have his/her salary continued or reimbursed for up to 90 days of verified
disability. However, before any reimbursement of pay can be authorized for an on the job injury, all
documentation must be received by the Office Nurse in Health Services and approved by the Employee
Relations Office.
It is the responsibility of the employee to insure that the required documents are provided to the
Employee Relations office.
Job related injuries must be reported to the supervisor immediately (within 24 hours of
occurrence). The employee’s supervisor shall investigate the circumstances of the accident and question
any witnesses and complete an accident report. The accident report and any investigative report will be
forwarded to the Office Nurse in Health Services or the Employee Relations Office. Light duty
assignments, as established by the department to which the employee is assigned, can be utilized with
the approval of the employee’s supervisor.
The statute requires that a claim be filed within one year of the date of injury. No exceptions will be
granted by the Board of Adjustment for this time requirement.
Board of Adjustment will require documentation of all expenses claimed and will also require proof that
the employee did not receive reimbursement from his/her insurance carrier. It usually takes a while for the
state to approve the claim, so the sooner all documents are filed with the Board of Adjustment, the
quicker reimbursement will be forthcoming.
Remember:
• All job related incidents must be reported to the immediate supervisor within twenty-four (24)
hours of the incident.
• A completed Report of Injury/Accident form must be sent to Employee Relations and Health
Services Nurse.
• The employee must use his/her own insurance for any medical expenses. The system does not
pay for medical treatment of job-related injuries.
• If the employee requires medical attention for the job related injury, he/she must submit the Job-
Related Injury Program Physician Statement form or physician’s statement of disability before
reimbursement will be considered.
• The employee may be eligible for up to 90 days pay reimbursement or continuation. Proper
documentation is required for the employee to receive pay reimbursement or continuation.
• The employee must be cleared by Employee Relations prior to returning to work.
• Light duty may be a reasonable accommodation under ADA. Talk to your supervisor about the
availability of light duty.
• The employee can submit a claim to the Board of Adjustments for any out-of-pocket expenses.
o A claim form is posted on the MCPSS web site (www.mcpss.com) in the Documents
section of Human Resources under the Employee Relations header.
o Forward the claim form with supporting documents to:
State Board of Adjustment
Alabama State Capitol
Montgomery, AL 36130-1435
PERFORMANCE EVALUATIONS
Certified employees are evaluated under the Professional Education Personnel Evaluation (PEPE)
program for full evaluation and on the Professional Development Plan (PDP) every year. All evaluations
will follow the guidelines set down in the PEPE process.
Classified employees are evaluated once a year with a possible mid term counseling session. The
evaluations can be more often if the principal/supervisor or superintendent directs. Final evaluation will be
done on a form that will be submitted to Human Resources to be placed in the employees personnel file.
Any areas that are scored with “NEEDS IMPROVEMENT” or “UNSATISFACTORY” will be discussed with
the employee and recommendations for improvement will be made. A mid year counseling session
should be conducted to see if improvement is being made in these areas. Any direct supervisor may
provide input to the evaluation.
If expectations are clear and feedback is given throughout the year, the annual performance evaluations
should not be stressful. The following may help to effectively implement the evaluation process.
Ask your supervisor for clear, objective expectations for the job. This will determine what behaviors or
outcomes the supervisor expects, thus affecting your decisions on where to expend your greatest efforts.
The place to start when setting out objectives is the job description, which gives a general idea of what is
expected.
To make sure that everyone concerned can tell whether expectations have been met, performance
standards should:
1. Be precise yet brief;
2. Be in writing;
3. Be realistic;
4. Help meet system objectives;
5. Be mutually agreed on; and
6. Be re-evaluated regularly.
If there is any confusion concerning your job duties, ask your supervisor to explain what you do not
understand as the performance of these duties will be how you are evaluated. You will be more likely to
perform satisfactorily and accept criticism if you fully comprehend what is expected of you.
Expect constant feedback on whether you are meeting the expectations. If the supervisor is following the
evaluation process, there is nothing that would be in the employee's annual review that should be a
surprise. Feedback is critical, both positive and negative, and it should be ongoing throughout the year.
This approach helps you focus on tasks and behaviors that the supervisor finds worthwhile.
a. Their signature on the evaluation does not signify agreement with the contents, only that
the employee has been given the opportunity to review the evaluation.
b. The employee may submit a rebuttal to the evaluation and have it placed in his/her
personnel file along with the evaluation.
The Board and its employees or agents shall not discriminate in any way on the basis of race, sex,
religion, national origin, age, or handicap. There are no exceptions. Employment decisions which are
based substantially or solely on any of these protected factors are against the law and will not be
tolerated.
Sexual harassment is a disturbing form of sex discrimination and is prohibited as are any other form of
racial or age discrimination. District guidelines are designed to support nondiscrimination and comply with
all state and federal laws.
Any employee should bring to the administration’s attention any incidence of what he/she believes to be
any form of discrimination.
Employees should be constantly vigilant in regard to any form of discrimination, sexual harassment or the
creating of a hostile workplace. Employees should refrain from creating an unduly familiar relationship
with any supervisor or subordinate. Also, employees should never ask subordinates or supervisors on a
date, to dinner, to a movie or to any other function.
If discrimination is observed or believed to have occurred, the employee should immediately report the
circumstances of the alleged incident to any one of the following supervisors or administrators:
• Principal or immediate supervisor;
• Departmental supervisor;
• Employee Relations Personnel Administrator or;
• Other administrator within Human Resources.
Employees against whom charges are made shall have full opportunity to understand the charges made
against them and to present pertinent facts bearing on the charges before official action is taken. Persons
making serious charges shall be required, before any action is taken, to submit complaints in writing or to
sign prepared statements summarizing the charges.
Federal fair employment practice laws require equal treatment for all employees regardless of their
protected status. Providing more favorable treatment to members of protected groups is just as
discriminatory as providing harsher treatment. The law also prohibits discrimination in any aspect of
employment, including discipline and discharge. It is not illegal to discipline or fire an employee who is a
member of a protected group. It is only illegal when the motive is based on one of the protected factors.
The system takes all complaints of discrimination and sexual harassment seriously. If an employee sees
behavior that could be discrimination or harassment, a supervisor should be advised of the situation.
Once an allegation of discrimination or harassment is raised, the system has an obligation to investigate
the allegation.
If the investigation reveals that discrimination or sexual harassment did take place, the severity of the
discipline will depend on the nature of the conduct and the harasser's previous record. Verbal counseling
may be appropriate for first-time occurrences of relatively mild discriminatory remarks, actions or
harassment. Written warnings, suspensions, transfers, and termination may be appropriate in more
severe or pervasive situations.
It is everyone's responsibility to treat all coworkers with respect and to help prevent discrimination,
including sexual harassment. If you see it, report it.
Along with our stated goal of not discriminating against any employee, the school system will also
maintain diversity in employment. This means that no employment decision will be made based solely or
predominately on race, sex, color or one of the other protected statuses. However, if there are similarly
qualified individuals applying for a position, then the system may consider diversity as a factor in the
employment decision.
SYSTEM RULES:
The school system has identified a partial list of general rules of conduct which, if violated, will bring
disciplinary action against the employee. This is by no means a comprehensive list, only a sample of
behavior or performance that is unacceptable. The actions listed below will result in disciplinary action
ranging from verbal or written warnings to suspension or to immediate discharge depending on the
circumstances.
The Americans with Disabilities Act (ADA) prohibits employers from discharging employees solely
because the employee may have been an alcoholic. However, there is no protection for practicing
alcoholics and drug abusers. If you are caught at work under the influence of alcohol or drugs, you may
expect to be recommended for termination.
Because alcoholism is viewed as a disability, employers are required to reasonably accommodate such a
disability as long as the employee is not abusing alcohol. If the employee comes forward and seeks
treatment for alcoholism, the system will provide one chance for the employee to overcome a drinking
problem. If there is a reoccurrence, the employee may be deemed to be a practicing alcoholic and lose
the protection of the ADA.
Although the system offers assistance to employees who abuse drugs, they will be terminated based on
the zero tolerance policy. Both federal and state courts have ruled that current drug addiction is not a
disability protected by law, as is the case with alcoholism.
Theft
Unethical behavior such as theft will not be tolerated. An employee who steals must expect severe
punishment up to and including termination. Every adult knows stealing is wrong, and the expectation is
that those who are caught will be terminated.
Falsified Documents
Lying on the system’s job application is grounds for termination. Once the falsehood is discovered,
termination should follow. Falsification also includes time card fraud. This will also include other
employees who cover for absent employees, such as fraudulently punching or filling out a card for
someone else.
Insubordination
Insubordination is among the most serious employee infractions, subject to severe discipline, up to and
including termination. Lesser penalties may be given depending on the situation, the employee's past
record, past working relationship with the supervisor, and his/her value to the system.
Insubordination can take many forms. Much depends on the personalities involved, whether the incident
occurred in private or in front of other employees or the public, and the intent. Insubordination damages
the efficient management of the system, lowers morale, and undermines the supervisor’s authority.
Although insubordination is often defined as a refusal to obey a supervisor's orders, there are other
employee actions that may fall under insubordination:
• Refusal or failure to obey orders or perform a job assignment given by a supervisor or any
authorized representative;
• Disrespect, publicly displayed on system premises, toward a supervisor or the system;
• Threatening, intimidating, coercing, or interfering with a supervisor;
However, there are legitimate reasons for refusing to follow a supervisor's order. Generally, orders such
as these need not be followed:
• Orders that endanger the health, welfare, or safety of the employee, other employees or
students;
• Orders requiring the performance of an illegal, improper, or immoral act;
• Orders that require action that is beyond the employee's capability;
• Orders in the nature of unlawful harassment; for example, orders accompanied by a racial,
religious, or sexist slur.
Fighting / Assault
Assault and fighting is behavior that will bypass the progressive disciplinary procedure and proceed
directly to a recommendation of termination. A thorough investigation of the facts of the incident will be
done to determine who is at fault and who began the aggression. The facts will determine if one or both
parties will be subject to termination.
Substandard Performance
Poor performance can lead to discharge. If you have been advised you are not performing as expected
you should consider taking the following actions:
1. Meet with the supervisor so that he/she can give you guidance on where you are not meeting
expectations;
2. Provide the supervisor with a plan to improve your performance;
3. Request remedial instruction if necessary;
4. Periodically ask the supervisor how you are doing.
The system can not afford to hire or retain individuals who can not or will not perform in the manner
expected for the position. Supervisors should constantly evaluate the job that their employees are doing
and be prepared to address disciplinary action with anyone who has substandard performance. As
progressive discipline is followed in correcting poor performance, the employee will have a chance to
improve his/her quality of work and retain their position. Otherwise, termination will eventually result from
poor performance.
Excessive Absences
Be sure you understand the attendance policy at your school or department. Excessive absences create
severe problems for the system. Because of the staffing of the schools and other departments, when one
person is out, it usually means that the work is not done or that other employees have to stop what they
are doing to catch up on your work.
Repeated unpaid absences of two days or more per month can be suspect for employee abuse. That
means the employee is not at work one day almost every week. Repeated absences on Mondays,
Fridays, or the days immediately before or after holidays, are also suspect.
Excessive absences are a matter for corrective discipline. The employee will be given a chance to
improve attendance, but if the behavior continues, it will lead to termination. In extreme circumstances,
the employee may be recommended for termination prior to the progressive discipline process.
Tardiness
Employees are expected to be present and prompt for their work day. Make a point of talking to your
supervisor if you know you may be late. When appropriate, you will be docked when late or absent
without a valid excuse. The system does not permit attendance problems to continue without further
corrective measures. Eventually, poor attendance could result in termination.
As with excessive absences, tardiness is a matter for progressive discipline. The employee will be given a
chance to improve attendance, but if he/she is unable or unwilling to report to work on time, termination
will eventually follow.
GRIEVANCES
Any employee who feels that he/she has been treated in an unprofessional manner or adversely affected
by a violation of a policy may file a grievance with his/her immediate supervisor. A careful investigation
shall be made by the supervisor to see if it is valid and if there is a way to resolve the situation.
Formal grievances have two basic criteria that must be met before they can proceed under the grievance
policy:
1. An action must be taken that affects the employee.
2. That action must have a substantial adverse affect on the employee’s working conditions or
employment rights.
An action is defined as:
1. Violation, misinterpretation, or misapplication of existing board policy,
administrative rule, or administrative procedure.
2. Unprofessional conduct directed towards the grievant or impugning his/her
good name or professional reputation.
3. A change in a recognized administrative practice which has been
consistently followed for at least one calendar year which imposes a hardship
on the grievant.
Before taking grievances to a higher level, employees shall be encouraged to discuss them with their
immediate supervisors. Employees should exhaust all means of remedying their grievances prior to
contacting the Board. The Board has no obligation and, furthermore, believes it unwise to study and
analyze problems of aggrieved persons until they have been first brought to the attention of
administrators and the Superintendent.
This is based on the assumption that administrators at all levels will be patient, careful, and
understanding in consideration of problems, complaints, and grievances experienced by employees
working under their supervision. The Board’s intent is that its employees have fair, just, and humane
treatment. It also desires faithful and efficient service and a demonstrated spirit of teamwork on the part of
all its employees.
Because personalities and "chemistries" between people differ, supervisors’ interactions with each of their
employees are bound to be different. Do not become upset should a supervisor seem to act friendlier to
another employee. What is required is that every supervisor should treat every employee in the same job
classification essentially the same way.
Normally, what is done for one should be done for all, as long as they have the same or similar
circumstances. However, different circumstances will normally dictate different responses by the
supervisor. An example of this is that just because one employee was allowed to leave early; it does not
mean that you should be allowed to leave early. Your circumstances may be different, the other employee
may have had a sick child and you may have an appointment to have your hair cut.
A formal grievance must be filed by the employee within 30 work days of the alleged incident or, if the
behavior has been ongoing, within 30 work days from the last occurrence. The policy requires that the
grievance be filed with the immediate supervisor, but there are instances when it is appropriate to file a
grievance at the supervisory level that can grant the proposed resolution.
Employees unfamiliar with the grievance process may contact the Employee Relation’s office to request
guidance. The flow chart provided below illustrates the various steps involved in the grievance procedure
and what actions must be taken and by whom in order to properly pursue the grievance process.
DISCIPLINARY ISSUES
It is our desire that all employees of MCPSS are treated consistently and fairly should disciplinary action
be considered. As such, our objective is to create a workable disciplinary procedure for all employees.
This in turn will allow all employees to have an expectation of the results of their actions. This should help
create an atmosphere of trust in supporting our educational mission.
The School Board needs the highest quality employees who are willing to devote themselves to the
education and welfare of the students. The Board is committed to attract and retain employees who are
capable, interested, and motivated to accomplish the desired goals of the school system.
The Board does not believe that it should employ or retain employees who feel they are forced or
pressured to do acceptable work, or who are incapable of satisfactory job performance. It is with these
goals in mind that this disciplinary process is utilized.
Progressive Discipline
In general, MCPSS uses a system of progressive discipline, which provides a tool to help insure
consistent and fair treatment of employees who exhibit behavior or performance problems. In general, it
works because the employee gets warned and a chance to change the offending behavior or
performance.
This provides several chances for the employee to improve the behavior or performance. However, the
degree of seriousness of the infraction will determine where in the process the employee will fall. Serious
misconduct will get no warnings. In practice, tardiness, absenteeism, or inadequate performance would
be the subject of progressive discipline; while incidents of violence, theft, or vandalism would warrant
immediate termination.
Poor performance is handled with progressive discipline. A failing employee should be given a chance to
improve by being provided with training and instruction to help improve performance. An employee doing
poor work will be dealt with fairly, but firmly. The employee’s performance will be documented to show
improvement or failure to improve under progressive discipline. If the employee doesn't make the
changes necessary to improve performance, a termination recommendation will follow.
The following sections discuss the progressive discipline process in more detail, starting with the initial
warning, which is usually verbal, and may involve a counseling session with the employee's supervisor or
manager.
Documentation
Documentation of disciplinary actions by supervisors and managers is a necessary part of your
employment with MCPSS. Written documentation can also decrease the chances that the supervisor's
communications will be misunderstood.
All employees have the right to see every adverse document placed in their personnel file. A warning
notice will not just be placed in the employee's file without giving the employee a chance to see it and
respond to it.
A last chance warning should always be in writing and dated, and the employee should receive a copy of
the written warning.
Penalties for minor infractions should depend on the employee's prior disciplinary record, length of
service, work performance, and attitude. This policy incorporates the two fundamentals of a progressive
disciplinary system: the predictability of the discipline and the discretion to vary the penalty in light of
circumstances.
Avoid arguing with the supervisor about any excuses for failing to meet system standards. Especially if
you want to point out that another employee is doing the same thing. You are responsible for your actions
and the other employee is responsible for his/her actions. Do not spend your emotional energy worrying
about what other people are doing; you need to only worry about what you are doing. Their actions will
catch up with them just as yours have caught up with you.
The best approach is to listen to the criticism, then simply state the facts surrounding the incident and
acknowledge that the rule in question will be followed in the future. If you are having legitimate personal
problems that are interfering with the job, you can request an appointment with Employee Relations for
referral to outside sources of help.
The number of verbal warnings will vary depending on the severity of the infraction or poor performance.
For minor infractions numerous verbal warnings may be warranted before a written warning. For more
severe infractions, one to three verbal warnings may be necessary before a written warning is issued.
Written Warning
The next step is a written warning. If the supervisor determines that verbal warnings have not resulted in
improved performance, a written memo to the employee will be issued. The written warning is solid
documentation and should it be necessary, it will be the basis for further disciplinary action.
The number of written warnings will vary depending on the severity of the infraction or poor performance.
For minor infractions numerous written warnings may be warranted before a final written warning. For
more severe infractions, one to two written warnings may be necessary before a final warning is issued.
Final Warning
The next step is a final warning. If an employee has not corrected either the poor performance or
offending behavior after the written warnings, a final written warning will be issued. This is the last
documentation before referral for suspension or termination.
Suspension
When warnings fail to result in improvement, the next disciplinary action is often suspension without pay.
This will usually be the employee's last opportunity to improve before termination proceedings.
Suspension is also used without any preceding verbal and written warning when a major infraction has
occurred. It is usually the appropriate response if the seriousness of the wrongdoing is extreme.
Suspension from work should be sufficient warning that the school system is serious about its
performance standards. Each case is considered individually to determine whether a suspension would
serve its purpose. Some employees might regard mandatory time off as a form of unpaid vacation, but it
is simply the final step before termination.
Termination
When all efforts fail, termination will result. When no course of action will convince the worker to improve,
discharge is the final step. Because of the cost of hiring and training an employee, MCPSS tries to avoid
termination when possible. It is reserved for only grave offenses or for continued willful violations of
system rules. Termination should not be the result for minor or easily correctable offenses.
The following process may be followed in disciplinary actions for all employees. This applies to tenured
and non-tenured teachers and probationary and non-probationary support personnel.
1) Verbal warning:
a. For minor infractions, there may be multiple verbal warnings.
b. For serious infractions, there may be possibly only one verbal warning.
c. For major infractions, there may be no verbal warning; it may be an immediate written
warning and/or referral to Human Resources for review for a possible conference.
d. For willful misconduct, there may be no verbal warning or written warning, there should
be an immediate referral to Human Resources for review for suspension or
termination.
2) Written warning:
a. For minor infractions, there may be several written warnings.
b. For serious infractions, there may be possibly only one written warning and/or referral to
Human Resources for review for a possible conference.
c. For major infractions, there may be a referral to Human Resources for review for a written
warning or a final written warning.
d. For willful misconduct, there will be no written warning; there should be an immediate
referral to Human Resources for review for suspension or termination.
3) Final warning:
a. For minor, serious and major infractions, there will be a referral to Human Resources for
review for a written final warning and possible conference.
b. For willful misconduct, there should be an immediate referral to Human Resources for
review for suspension or termination.
4) Suspension:
a. For minor, serious, major or willful infractions there is a referral to Human Resources for
review for suspension or termination.
1. Suspensions are for a period of time that is:
a. Up to seven (7) days
5) Termination:
a. In all instances where there is a recommendation for termination, there is a referral to
Human Resources for review for possible termination.
DEFINITIONS
The following definitions are to be considered only as a guide. Depending on the severity of the action,
infractions may move from one classification to another. As an example, the abusive language violation of
an employee, which is listed under Minor Infractions, may be so severe that it should be treated as a
Major Infraction. Violations may also move from the more severe to less severe. As an example, the
physical abuse infraction listed under Willful Misconduct may be so insignificant that it should be treated
as a Minor Infraction.
Minor infraction:
1. Failure to perform satisfactory work
2. Failure to follow established work procedures
3. Disruption of the school/work environment
4. Tardiness
5. Infrequent absenteeism without valid excuse
6. Abusive or foul language
7. Offensive conduct
8. Loafing, loitering or sleeping on the job
9. Conducting personal business on system time
10. Unauthorized solicitation or distribution during working hours
11. Gambling of system property or on system time
12. Failure to follow system guidelines and procedures
13. Violation of the Dress Code policy
14. Insubordination of a minor nature
15. Any other conduct of which the magnitude or consequences are considered a minor violation of
conduct expected by the system
Serious infraction:
1. Failure to follow directives of supervisor
2. Frequent tardiness
3. Frequent absenteeism
4. Repeated disruption of the school/work environment
5. Restricting work or interfering with the work of other employees
6. Intentional waste of system resources
7. Unauthorized possession of system property
8. Violating safety procedures or regulations posing no threat of injury or damage to property
9. Creating or contributing to an unsanitary condition
10. Insubordination which rises to the level of a serious infraction or is infrequently repeated
11. Repeated violation of minor infractions
12. Any other conduct of which the magnitude or consequences are considered a serious violation of
conduct expected by the system
Major infraction:
1. Disorderly conduct
2. Immoral conduct on system time
3. Verbal abuse of children
4. Absence without notification for three or more consecutive days
5. Failure to return from leave of absence as released by the provider
6. Failure to follow directives of supervisor, thereby endangering students or employees
7. Improper use of system property or damage to equipment
Willful Misconduct:
1. Violations of minor, serious or major infractions which have been repeated beyond the Final
Warning step in progressive discipline
2. Discrimination or Sexual harassment
3. Physical abuse of visitors, employees, parents or children
4. Violation of the drug/alcohol policy (zero tolerance)
5. Failure to maintain the appropriate credentials or certification required for the position
6. Starting an altercation or fight
7. Failure to follow directives of supervisor, resulting in injury to students or employees
8. Criminal offense on system property
9. Conviction of any felony or crimes involving moral turpitude
10. Falsification of system records or employment application
11. Violating safety procedures or regulations posing substantial threat of injury or damage to
property
12. Damage to system property through a willful decision or choice
13. Abandonment of job (failure to report to work without authorization)
14. Theft, illegally selling or conversion of system property
15. Insubordination which rises to the level of willful misconduct or is repeated beyond the final
warning step in progressive discipline
16. Repeated violations of minor, serious or major infractions
17. Any other conduct which does not meet the accepted standards of conduct of which the
magnitude or consequences warrant discharge (other good and just cause)
All school system personnel are deemed to be either “certified” or “classified” employees and are
generally defined as to whether they are directly involved in teaching children or support the general
operations of the system.
The certified employees are teachers or those individuals who occupy jobs that require state teacher
certification. These are usually individuals such as teachers, principals, and administrators who deal
directly with the educational context of the system.
The classified employees are those individuals who provide support to the educational endeavor of the
system and who occupy jobs that do not require state teacher certification. These employees are not
involved in teaching or school administration and hold jobs such as cafeteria workers, bus drivers,
maintenance personnel, clerks, and other jobs that do not require a teaching certification.
Certified Employees
Certified employees are either tenured or non-tenured and are covered under the Tenure law. An
educator obtains tenure when they work as a teacher or administrator under contract for three
consecutive years and are offered a contract for the fourth year.
A non-tenured employee may have his/her contract non-renewed at the end of each of the first three
years of employment. The employee will not be given a reason for the non-renewal. A proposed
termination in the middle of the contract year gives the non-tenured employee a right to a hearing before
an administrative law judge to determine if the system may terminate the employee.
A tenured employee may have his/her contract canceled only for good and just cause. Also, a tenured
employee may not be involuntarily transferred unless it is for good and just cause. A proposed termination
or transfer gives the employee a right to a hearing before an administrative law judge in order to
determine if the system may terminate or transfer the tenured employee.
Classified Employees
Classified employees are either non-probationary or probationary and are covered under the Fair
Dismissal law. Classified employees obtain non-probationary status when they have worked for the
system for thirty six months, which does not have to be consecutive months.
A probationary support employee may be terminated at any time during the first thirty six months of
employment. The employee will not be given a reason for the termination. Also, probationary employees
may not be involuntarily transferred unless the process for the transfer of non-probationary employees is
followed.
A non-probationary employee may be terminated only for good and just cause. Likewise, they may not be
involuntarily transferred unless it is for good and just cause. A proposed termination or transfer gives the
employee a right to a hearing before an administrative law judge in order to determine if the system may
terminate or transfer the non-probationary employee.
Supervisors have the responsibility to recommend removal from employment any person that can not do
their job. It reduces the efficiency of our operations and creates low morale and low performance for other
employees if certain people are allowed to get away with not doing their job properly.
The following list gives some of the reasons that may be good cause for terminating an employee. This is
not a comprehensive list as there are other good causes for termination that are not listed.
14. Consuming, possessing, or delivering to another during the school day, or while attending a
school-sponsored student function, either of the following; An alcoholic beverage or a controlled
substance except in compliance with a written prescription for medication for that person issued
by a licensed doctor of medicine or dentistry.
15. Being under the influence of an alcoholic beverage or a controlled substance during the school
day while on duty or while attending a school-sponsored student function except in compliance
with a written prescription for medication issued by a licensed doctor of medicine or dentistry.
16. Intoxication by alcohol or impairment by drugs.
17. Falsification of records or other documents related to the school system’s activities.
18. Intentionally or knowingly misrepresenting facts to a supervisor or other school system official in
the conduct of school system business.
19. Any attempt to encourage or coerce a child to withhold information from the child’s parent.
20. Failure to report to work or abandonment of one’s contract. Any employee who has been absent
from work for more than ten (10) consecutive days and who has not obtained an approved leave
or otherwise accounted for the absences will be considered to have abandoned his/her job. The
employee will be recommended for termination.
21. Failure to report to duty after all school system leave has been exhausted.
22. Reduction in force as a result of a budgetary shortfall or financial emergency.
23. Disability, not otherwise protected by law that impairs performance of the essential functions of
the job.
24. Reasons specified in individual employment contracts reflecting special conditions of
employment.
25. Any other conduct which fails to meet the accepted standards of conduct for the school system of
which the magnitude or consequences warrant discharge.