GBGE, Child Care Leave
Any employee of the district may request leave for the purpose of child care upon the birth or adoption of the employee’s child, in accordance with this policy, unless otherwise provided by a negotiated agreement. This policy shall apply only after an eligible employee has used all applicable federally-mandated family leave.
All childcare leave shall be without compensation. Any district health insurance coverage shall be solely at the employee’s expense. Paid leave benefits shall not be available during childcare leave. Paid leave, vacation, salary increments and retirement benefits shall not accrue during childcare leave. However, any unused accrued paid leave or vacation leave shall be reinstated to the employee upon return to district employment.
At least 30 days prior to the date upon which the employee intends to begin childcare leave, the employee shall provide the building principal or other appropriate administrator with a written request for such leave. The request shall state the employee’s preferred start and end date of the childcare leave. The principal/administrator shall forward the request to the district office.
Return to duty prior to the end of any approved childcare leave may be recommended to the Board by the superintendent.
Nothing in this policy shall be construed to limit the powers or duties of the Board or district administration to make employment decisions for the district.
Licensed Employees
Childcare leave may be granted to licensed employees with four consecutive years of service (including the current contract year) for a period not to exceed one school year, in addition to the remaining portion of the school year during which the family leave commences.
Childcare leave for licensed employees with less than four consecutive years of service may be granted for a period not to exceed the end of the school year in which the family leave commences.
An approved childcare leave shall not affect the right of the Board to non-renew the contract of a probationary teacher.
The end of any requested childcare leave must coincide with the end of a quarter.
Licensed employees who have been granted childcare leave shall be entitled to return to duty assignment upon return to duty shall be appropriate to the qualifications of the licensed employee, but not necessarily in the same position held prior to the beginning of the child care leave. Nothing in this policy shall entitle a probationary teacher to return to duty or be entitled to a new contract at the end of the approved childcare leave when the Board has non-renewed the probationary teacher’s contract.
Classified Employees
Childcare leave may be granted to classified staff employees who have four consecutive years of service (including the current assignment year) for a period of time not to exceed one school year, in addition to the remaining portion of the school year during which the family leave commences.
Childcare leave for classified employees with less than four consecutive years of service may be granted for a period of time not to exceed the end of the assignment year in which the family leave commences.
Following completion of such leave, the employee shall be placed in a position for which he or she is qualified.
If the employee performs in a satisfactory manner for at least 120 working days during the calendar year in which the employee went on childcare leave, the employee shall be granted a proficiency pay increase at the time of the employee’s return to duty. In no case may an employee earn more than one proficiency pay increase during the course of such leave.
APT Employees
Childcare leave for APT employees shall be in accordance with FMLA guidelines.
Adopted prior to 1985
Revised January 23, 1991
Revised September 1, 1993
Revised June 2, 1999
Revised and recoded May 16, 2012
Legal References
- 29 U.S.C. 2601 et seq. (Family and Medical Leave Act of 1993)
- 42 U.S.C. 2000e-2(a) (Title VII of the Civil Rights Act of 1964)
- C.R.S. 19-5-211 (adoption statute)
Cross References
- DBK*, Fiscal Emergencies
- GBGF, Federally-Mandated Family and Medical Leave
Contract Reference
- TEA Agreement - Article 9, Leaves, Section 9-9, Child Care Leave
