Capital construction projects are both challenging and exciting for school districts. The process is long and arduous—often years pass before the first brick is ever laid. Financing options, bond referendums, community input meetings, architect drawings, more community input meetings—these are al...
Issue of the Month: Paid Parental Leave - What You Need to Know
On June 26, 2023, the paid parental leave (PPL) law (PPL Law) applying to public school districts in South Carolina went into effect. The law, codified as S.C. Code Ann. 8-11-151 and 8-11-156, largely mirrors the PPL statute previously enacted in October 2022 with regard to South Carolina state employees. The PPL Law provides an exponential increase in the availability of paid leave for eligible employees who give birth, adopt a child, or foster a child on or after June 26, 2023.
Prior to June 26, district employees who gave birth, adopted a child, or fostered a child, were required to use accrued paid leave, and/or apply for use of unpaid leave pursuant to the Family Medical Leave Act (FMLA). As of June 26, eligible district employees are now permitted up to six (6) weeks of PPL for a qualifying event. A qualifying event is described as the birth of a newborn, biological child, an initial placement of a foster child in state custody, or the adoption of a child.
Not all of your employees will be eligible for PPL. The PPL Law defines an eligible employee as an “employee defined by the Department of Education using the Professional Certified Staff system or any full-time equivalent position categorized as classified staff. Any employee who is full-time or occupies a full-time position is eligible for PPL. However, depending on how your district organizes its employees, part time certified employees may also qualify for PPL.
An eligible employee is entitled to, without regard to his or her other accrued leave or qualification for FMLA, up to six (6) weeks of paid leave. In determining the amount of leave that the eligible employee is entitled to, we look at the type of qualifying event. An eligible employee who gives birth to a biological child or adopts a child, and is the primary caregiver, is entitled to six (6) weeks of paid leave. An eligible employee whose co-parent gives birth to a biological child, or a co-parent of a newly adopted child is entitled to two (2) weeks. An eligible employee is also entitled to two (2) weeks of PPL after the initial placement of a foster child. If both parents of the child are eligible employees employed in the same district, the eligible employees may choose to take their leave concurrently, consecutively, or in different non-consecutive periods. Once leave has commenced, however, the eligible employee must exhaust all of his or her entitled leave consecutively. The only exception is for an eligible employee whose qualifying event is the initial placement of a foster child. In this scenario, the eligible employee may elect to take his or her entitled leave in two (2) one-week periods.
With regard to other forms of leave, PPL must run concurrently with FMLA and any other unpaid leave to which the eligible employee may be entitled. However, an eligible employee shall be eligible for PPL even if the employee has exhausted their FMLA leave or is not eligible for FMLA coverage for some other reason at the time of the qualifying event. If an eligible employee becomes eligible for FMLA while on PPL, the employee must use FMLA leave, and the remaining PPL would run concurrently.
By and large, for better or worse, newly enacted laws often leave room for interpretation, and the PPL law is no different. The PPL Law expressly outlines that districts may enact policies to dictate how certain portions of the law are implemented. Specifically, the PPL Law states that districts may permit eligible employees to utilize the PPL in a subsequent contractual term. In other words, a district can elect to allow an employee to take a portion of his or her PPL in May 2023, and the remainder when he or she returns in August for the 2023-2024 school year. On the other hand, a district may enact a policy that requires exhaustion of PPL within a single contractual period. Either option is permissible, but remember—what you do for one, you must do for all.
Moreover, while holidays and vacation days listed on the District calendar may not be counted against PPL leave, a district's summer break is not considered to be a school holiday. As more districts turn to modified year round calendars, the Dept of Ed's position is that the default for a modified year-round school district is that the weeks taken during the years in lieu of a full summer break are counted toward the balance of PPL. However, the District can adopt a policy to circumvent or prevent that.
If you have any questions regarding the PPL Law or creating a policy in accordance with the same, please do not hesitate to contact White & Story.
Teacher Resignations and Terminations: What is a District’s Duty to Report?
Whenever a certified employee is terminated or resigns in the face of misconduct allegations, districts should understand their responsibilities to report the employee's separation to the South Carolina Board of Education (“BOE”). Also, where a teacher breaches his/her contract by resigning in th...
Dress Code Woes: Drafting a Legally Defensible School Dress Code
School dress codes can create an awkward intersection of First Amendment rights, student discipline, unhappy parents, and – sometimes – lawsuits. Broadly drafted certain areas of the dress code and parting with traditional dress code language protects students' rights while simultaneously achievi...
Rehiring Retired Employees…Now Say That Three Times Fast!
This month, our firm has fielded a number of questions related to the process for rehiring retired, certified employees with regard to the salary cap and potential private contracting agreements. The Salary Cap and Rehiring of Retired Teachers S.C. Code Ann. § 9-1-1790 In 2012, the General Assemb...
Planning for Protests: Balancing Protected Student Speech with the Duty to Maintain a Safe and Secure School
In the wake of the recent Parkland, Florida school shooting, students across the country are organizing, protesting, and advocating for stricter gun laws and increased school security at the local, state, and federal levels, with at least three national school day walkouts set to take place in th...
“Don’t Let It Trip You Up”: Students with Disabilities and Field Trips
Concerns of safety and behavioral issues are valid when it comes to taking students with disabilities on school sponsored field trips. However, these concerns do not allow districts to exclude students with disabilities from participating in a school sponsored field trip. Refusing to allow a stud...
Legal Alert: SC Pregnancy Accommodations Act
The South Carolina Pregnancy Accommodations Act (SCPAA) was signed into law on May 17, 2018. With the signing of the SCPAA, South Carolina joins twenty-two (22) other states providing protection to pregnant employees in addition to those provided under federal law. Employers are required to consp...
She Gets a Contract, He Gets a Contract, Everybody Gets a Contract! – A Certified Employee Primer Just In Time For Contract Renewal Season
Contract renewal season is right around the corner. Under state law, all certified employees must be notified before May 1st of whether the district will issue them a contract of employment for the subsequent school year. This article provides a list of best practices for your District when makin...
All I Want for Christmas is…a Refresher on Classified Employees
Unlike certified employees, specific procedures for the employment and dismissal of classified/noncertified employees are not detailed under South Carolina law. As a result, school districts across the State have varying policies and practices in place. As we wrap-up the end of the calendar year...
Legal Alert: Balancing Students' and Employees' First Amendment Protections in Light of Controversial Protests Against the American Flag and the Pledge of Allegiance
In 1917, President Woodrow Wilson wrote about the American flag" ... which we honor and under which we serve, is the emblem of our unity, our power, our thought and purpose as a nation." Alongside the flag, the "Pledge of Allegiance" has been heard echoing in school hallways for many decades afte...
Total Eclipse from the Start: A Training Guide for Administrators
It is that time again - early mornings, extra caffeine, and after school meetings, oh joy! This issue of the month will outline some hot topic areas in which administrators may want to have a "total eclipse" from the start with their teachers and staff to ensure a smooth transition into the new s...
Listed in Columbia Business Monthly
We Are Proudly Listed in Columbia Business Monthly (August 2017 Edition) Click Here to See the Digital Edition of the magazine
"School's Out" -Not So Fast, Mr. Cooper! Extended School Year and Compensatory Services During the Summer
June 2017 In 1972, much to every student's desire, Alice Cooper released a popular hair metal hit called "School's Out." Even today, it remains a classic in films, at summer kick-off events, and among students with the following lyrics: "school's out for summer, school's out forever." Unfortunat...
“Oh, the Places You’ll Go!” – Avoiding Liability Issues Related to High School Graduation and Commencement Exercises
May 2017 With the pomp and circumstance that accompanies high school graduation, districts are in the spotlight to showcase the graduates and their accomplishments. As such, districts are vulnerable to legal pitfalls and challenges when executing the graduation ceremony. When developing graduatio...
A Brand New Tune or Just Fine Tuning? The Recent Endrew F. Decision and What it Means for Special Educators
April 2017 As you may be aware, the Supreme Court of the United States recently issued its decision in Endrew F. v. Douglas County School District, in which it ruled that the IDEA demands a standard more stringent than “merely more than de minimis,” as applied by the Tenth Circuit, when determini...