Personal Illness will be charged against the employee’s sick leave balance. Employees who have exhausted all of their sick leave and are a member of the sick leave bank, will need to contact their union to apply for a sick leave bank grant. Twelve-month employees who have exhausted their sick leave and have requested the maximum amount of sick leave bank grants will be required to exhaust all of their annual leave prior to being on an unpaid leave of absence.
The Family and Medical Leave Act of 1993 (FMLA) is a federal law that protects an employee's position and benefits while the employee is on a medical leave of absence. FMLA protects the employee for up to 12 weeks in a 12-month period. FMLA is not paid leave. When on FMLA leave for a medical leave of absence, the employee will need to use their sick leave.
To apply for personal illness leave for 4 days or less, employees are required to submit MCPS Form 430-1a, Leave Request (NOT Requiring ERSC Authorization) to their principal/supervisor.
To apply for personal illness leave for 5 days or more, employees are required to submit MCPS Form 430-1, Leave Request (Requiring ERSC Authorization) and MCPS Form 440-35, Certification of Physician or Health Care Provider to their principal/supervisor and then to the Employee and Retiree Service Center (ERSC).
Employees who request a personal illness leave of absence for more than 60 duty days will be placed on long-term leave. They should complete and submit MCPS Form 430-1, Leave Request (Requiring ERSC Authorization) and MCPS Form 440-35, Certification of Physician or Health Care Provider directly to ERSC through ERSC Connect. Employees placed on long-term leave who request to extend their leave are not required to have the principal’s/supervisor’s signature on Form 430-1.
For the purpose of administering various provisions regarding leave from work, whether paid or unpaid, duty days are defined as any day an employee is regularly scheduled to work. Employees who work less than 80 hours in a two-week payroll period or who do not work five days per calendar week will be treated as having five duty days during any calendar week that they work. Emergency leave and systemwide closing days are considered duty days and holidays are not considered duty days.
Employees returning to work are required to submit the following, based on their bargaining unit.
Return to Work without Restrictions
ERSC will send an email to the employee stating they are cleared to return to work. If the work location is not included on the email, it is the employee’s responsibility to forward the email to the work location.
Return to Work with Restrictions
If restrictions are listed in the doctor’s letter or on the Return to Work Evaluation form, the staffing team in the Department of Human Capital Management will review the restrictions.
Return to Work over 60 duty days
Employees returning to work from a long-term personal illness leave over 60 duty days will be placed on priority placement, and the staffing unit in the Department of Human Capital Management will contact them regarding their assignment.
Benefit costs for employees who are on a paid, long-term leave of absence will remain at the employee rate.
The insurance benefits and pension deductions of employees who return to work after a period of unpaid leave prior to the 60th duty day will be in arrearages. Their first paycheck after returning to work will include the deductions in arrearages (three past pay periods) plus the current pay period. The deductions will be taken from each paycheck until paid in full.
Employees who are on unpaid, long-term (over 60 duty days) leave will be billed monthly for their insurance benefits at full cost (100 percent). See current rate chart.
Employees who choose to cancel their insurance will need to submit MCPS Form 455-20, Employee Benefit Plan Enrollment to ERSC prior to the 20th of the month in order for the insurance to be canceled at the end of the month.
When returning to work, employees will need to submit MCPS Form 455-20, Employee Benefit Plan Enrollment to re-enroll into the insurance benefits they had prior to their leave within 60 days of their return-to-work date.
MCPS advances leave to employees each year on July 1. Although available for them to use throughout the year, employees do not actually earn all of their leave until the end of the fiscal year, on June 30. Employees who are working or in paid leave status earn one sick day per month. Employees on unpaid leave status do not earn any leave.
Employees who resign or retire from an unpaid, long-term leave with a negative sick leave earned balance will be billed for overused sick leave.
All leave types are listed and described in the employee association contracts.