School Business Affairs February 2021

asbointl.org SCHOOL BUSINESS AFFAIRS | FEBRUARY 2021 41 LEGAL ISSUES recipients of donated days the same amount as their regular salaries even if the individu- als donating them earn higher rates of pay. 5. Policies should address such issues as whether school boards can facilitate rapid response testing for employees experienc- ing COVID-19-related symp- toms, how soon after testing positive for coronavirus indi- viduals must resume their in- person job duties, whether staff members may or must work remotely if they are ill or must provide care for family mem- bers and/or their children, and social distancing requirements in board facilities. 6. Policies should mandate annual professional development for SBOs and other officials who administer the FMLA, relevant state laws, and collec- tive bargaining agreements to ensure compliance with their provisions. 7. School boards, perhaps in con- junction with union leadership, should offer employees annual information sessions about their leave policies. If they have not yet done so, before the end of the school year boards should consider offering virtual sessions that can be recorded for individ- uals who are unable to attend scheduled meetings. 8. Along with their regular chan- nels of communication with staff who work on personnel matters, boards should consider creating telephone “hot lines” or dedicated email addresses putting employees in direct contact with those responsible for monitoring sick leave for staff members or to answer their questions about leave. 9. School boards should post poli- cies in prominent locations such as in staff lounges as well as in faculty handbooks and on dis- trict websites; policies should also be included in employee contracts. 10. School boards should have teams review their policies annually to ensure they are up- to-date with federal and state statutes, regulations, and case law as well as changes in appli- cable bargaining contracts. Knowledge of the law...can help ensure smooth school operations. Conclusion Because the FMLA, state statutes, and provisions in collective bar- gaining agreements are designed to help school employees meet their own health needs and those of their families, SBOs and other educational leaders must be knowl- edgeable about their provisions so those leaders can best help all staff members who may have to take sick leave. As with many legal matters, knowledge of the law, relating in this instance to employee sick leave, can help to ensure smooth school opera- tions, especially as schools face the challenges of COVID-19. References Belasco v. Warrensville City School Dis- trict , 634 Fed. Appx. 507 (6th Cir. 2015). Bourgo v. Canby School District , 167 F. Supp. 2d 1173 (D. Or. 2001) Duggins v. Appoquinimink School Dis- trict , 921 F. Supp. 2d 283 (D. Del. 2013). Families First Coronavirus Response Act, Pub. L. No. 116-127; 134 Stat. 195 (2020). Family and Medical Leave Act, 29 U.S.C. §§ 2601 et seq . and as cited. Grogan, G.T., McSweeney, J., Venditti, D.J., & Kofsky, A.M. (2020, April 13), The Families First Coronavirus Response Act: New Sick Leave and Child-Care Leave Laws , American Bar Association, https://www.americanbar.org/groups/ health_law/publications/aba_health_es- ource/ 2019-2020/april-2020/families-first/ Health Insurance Portability and Account- ability Act of 1996, Pub. L. No. 104-191. Lyons v. North East Independent School District , 277 Fed. Appx. 455 (5th Cir. 2008). Lombardi v. Board of Trustees Hinsdale School District 86 , 463 F. Supp.2d 867 (N.D. Ill. 2006). Valdivia v. Township High School District , 942 F.3d 395 (7th Cir. 2019). Charles Russo , legal issues liaison for ASBO International’s Education Commit- tee, is Joseph Panzer Chair of Education in the School of Education and Health Sciences (SEHS), director of SEHS’s PhD program in educational leadership, and research professor of law in the School of Law at the University of Dayton, Ohio. Email: crusso1@udayton.edu INDE X OF ADVERT I SERS ASBO Books/Rowman & LIttlefield. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 31 ASBO Eagle Award . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 1 ASBO Learn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 4 ASBO Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . inside front cover Certified Administrator of School Finance and Operations (SFO). . . . . . . . . . . . page 3 Digital SBA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 27 Office Depot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . back cover School Nutrition Foundation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . inside back cover Synovia. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . page 16

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