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Madison Metropolitan School District

Employee Handbook 2021-2022

Addendum A: SECTION 3 TEACHER ASSIGNMENTS, VACANCIES AND TRANSFERS

3.3 Filling Temporary and Permanent Vacancies
  1. Temporary Vacancies

    1. Temporary vacancies of a semester or less.

      The District may fill a vacancy, created by either (1) a teacher temporarily vacating his/ her position for a semester or less or (2) the creation of a temporary position which is expected to exist for a semester or less, with a substitute.

    2. Temporary vacancies of more than a semester including a full school year.

      If the District determines to fill a vacancy created either: (1) by a teacher temporarily vacating his/her position for a period of more than one semester including a full school year but not more than one school year; or (2) the creation of a temporary position which is expected to exist for more than one semester including a full school year, but not more than one school year, it shall, provided that such position remains vacant after the surplus reassignment and recall procedures have been exhausted, do so with an extended long- term substitute.
    3. Temporary vacancies created by medical disability.

      (a) If the District determines to fill a vacancy created by a teacher who is medically not capable of returning to work for an indefinite period of time, said vacancy will be filled as follows:

      (b) The teacher’s physician will provide notice to the Department of Human Resources as to the projected duration or continuation of the absence.

      (c) If the remaining portion of the teacher’s absence is anticipated to be forty- five (45) school days or less, the position will be filled by a substitute teacher. However, should the total duration be ninety (90) school days or more, the substitute teacher shall be paid salary as if they had been an extended long-term substitute from the date he/she was initially placed in that assignment. All monies already paid to the teacher as a substitute will be offset against any additional salary owed.

      (d) If the remaining portion of the absence is forty-six (46) school days or more and the total duration is ninety (90) school days or more, the substitute teacher will continue in the position as an extended long-term substitute with such extended long-term position commencing on the date notice defining the duration of the absence was received by Department of Human Resources from the attending physician, provided such substitute teacher is in, or is qualified by the District to be in, the teacher employment pool. Once eligibility for an extended long-term position is established, for one replacing a teacher who is absent due to medical reasons, the substitute teacher’s salary shall be adjusted and he/she shall receive such salary back to the date he/she was initially placed in the assignment, as if he/she had been an extended long-term substitute. Eligibility for benefits shall be communicated to the substitute teacher within seven (7) calendar days f from the date the Department of Human Resources receives notice from the physician. Benefits shall commence the first of the month following one month from the date the completed application is submitted to the Department of Human Resources provided said application is submitted in accordance with application procedures.

    4. Temporary vacancies of more than one school year.

      (a) If the District determines to fill a vacancy created by a teacher temporarily vacating his/her position for a period of more than one school year, it shall, provided that such position remains vacant after the surplus reassignment and recall procedures have been exhausted, do so with a teacher employed under a regular teacher contract.

      (b) This subsection shall not be applicable, however, in situations in which the temporary vacancy of more than one school year is created as a result of an employee who is granted a medical or maternity leave of absence for less than one semester and later extends a non-medical leave into the following school year - e.g., an employee commences a pregnancy leave during second semester and extends a child rearing leave into the next school year. In this case, if the District determines to fill the position for the full school year, the District shall do so with an extended long-term substitute. If the teacher on leave does not return from leave after the full school year, the position shall be filled with a teacher employed under a regular teacher contract. The partial previous semester may be filled with a substitute teacher.

  2. Permanent Vacancies
    1. Permanent vacancies of less than one semester.

      If the District determines to fill a permanent vacancy of less than one semester created by the resignation, dismissal, death, a new allocation or other permanent action of a contracted teacher, it shall, provided that such position remains vacant after the surplus reassignment and recall procedures have been exhausted, do so with an extended long- term substitute.

    2. Permanent vacancies of one semester or more.

      If the employer determines to fill a permanent vacancy of one semester or more created by the resignation, dismissal, death, or other permanent action of a contracted teacher, it shall, provided that such position remains vacant after the surplus reassignment and recall procedures have been exhausted, do so with a teacher employed under a regular contract. Teachers hired to work in permanent vacancies of one semester may be employed as extended long-term substitutes provided that the teacher to be employed holds a valid one- year Department of Public Instruction (DPI) license classified as a Special License and Permit (emergency license)

      Teachers hired who possess a “Minor Deficiencies License” or a “One-Year License” (license renewal deficiency), issued by the DPI shall be employed under regular contract.