Sick leave not given--but it's in the employee benefit manual

[Indiana Filer]

What is the name of your state? INDIANA (I apologize for the length, but I wanted to include as much of the story as I could.)

I work for a public school system as a resource person, working with students in every school in the system. I'm a certified teacher, but the position is classified as support staff since I don't have a classroom of my own. I do make the equivalent of teachers' pay for this position. (The admin has doubled the pay I get in just over a 2 year period because my boss says I deserve to get paid that amount.)

When I was hired for my position 2 1/2 years ago, I asked about and was told that the position does not offer any sick leave or personal days off with pay. I set my own schedule, so if I want or need a day off, I can just take off but it will be without pay. On the paycheck stubs of other employees (teachers and support staff), it states how many leave days they have used, and how many days they have left. My check stub doesn't have anything on it about leave at all.

This week, for the first time since I was hired, I was given a copy of the "Policies Relating to Support Personnel" manual, dated January 1, 2005. According to this manaul, my position earns 14 days of paid sick leave each school year. When I read that, I asked the secretary if I could see copies of this manual for the last two school years, and they also say that I earn 14 days of sick leave per year. Interesting. According to their written policies, as approved by the school board, they now owe me 42 days of sick leave from my hire date and continuing through this school year.

Can I force the school system to give me these days? How can I use this as leverage to get hired for a classroom position if I decide that I want to continue to work for this school system? My immediate boss says that my current position is mine as long as I want it, but unfortunately I do not have a contract.

On the off chance I do get hired for a classroom position, I want these days since they could be used to increase my pension amount when I retire from teaching.

In the interest of full disclosure, I'm a little bitter about this school system. The last 8 people hired have all been related to the administrators or to school board members. They've even hired people with absolutely no college education whatsoever to be classroom teachers, including in special education (emotionally handicapped classroom). The admin says no one applied for these positions other than the people they hired. This isn't true as I know of several dozen certified teachers who have applied for positions in this school system, but they are not related to the "right" people so they aren't hired.

So how much trouble can I legally cause this school system? At this point, I almost don't really care if I lose my job in this school system if it causes the state to notice the nepotism and unlicensed teachers in this system. (But the sick days would transfer to other school systems in the state!)

Thanks everyone.

 

[pattytx]

Employee manuals normally have disclaimers saying that the policies contained therein do not constitute a contract or legal obligation and the employer can change them at any time.

Having said that, however, if other employees who are in the same classification as you are and similarily situated, taking into consideration any other criteria that may be applicable, maybe they just made a mistake in the system. Have you asked the HR Dept. about this? What do they say?

Of course, if you are covered by a collective bargaining agreement, the first place to go would be your union rep.

 

[Indiana Filer]

Employee manuals normally have disclaimers saying that the policies contained therein do not constitute a contract or legal obligation and the employer can change them at any time.

Having said that, however, if other employees who are in the same classification as you are and similarily situated, taking into consideration any other criteria that may be applicable, maybe they just made a mistake in the system. Have you asked the HR Dept. about this? What do they say?

Of course, if you are covered by a collective bargaining agreement, the first place to go would be your union rep.

The union is only for classroom teachers. Support staff can not join.

The manual has no disclaimer stating that the policies do not constitute anything. This manual has been voted upon and approved by the school board.

Other employees get their leave as stipulated by the school system. I'm in a class by myself since my position was created as the result of the school system receiving a grant. I work on ATOD (alcohol, tobacco, and other drugs) issues, working one-on-one with students, and making presentations in the classrooms.

I think it's a mistake, but an intentional mistake. They've done similar things before.

They've also screwed me out of bereavement leave from when my sister-in-law died three weeks ago. The secretary for the building where my office is located told me that I get three days of paid leave, which I took. They didn't give me the pay for those days, although my husband was paid for the two days that he took off. (I just found this out Saturday when I looked at my last pay stub.) That's another $420 I've been screwed out of.

I didn't have a copy of the policy manual (which includes the bereavement policy as well as sick leave) until this past week.

My immediate supervisor is on a cruise right now. She won't be back until next week, so there's probably nothing that can be done until she returns. No one else really gives a damn until they're the ones getting screwed.

I did send a letter to the corporation treasurer asking her to verify that I should have been paid for the 21 hours of bereavement leave and that the accumulated 42 days of sick leave needs to be credited to me.

It just really gives me the reda$$ to be screwed like this.

 

[pattytx]

Even if the employee manual does not include such a disclaimer (as it should), my understanding is that it is assumed by the courts as a guide only.

You've contacted someone, so now we wait. Let us know how it turns out.