*******You will be able to find all of the guidance from KSB School Law, and it will be updated, at this site: https://www.ksbschoollaw.com/covid19*******
Superintendent: Do we have to sign the addendum provided by our local union representatives?
KSB: No! It is only one of the options you have for dealing with coronavirus-related absences.
We have been contacted by many Nebraska school districts expressing interest in helping encourage teachers who may be showing early symptoms of COVID-19 to stay home from work to self-monitor their symptoms and/or self-quarantine. One of the hurdles for some teachers choosing to stay home is that they may be out of sick leave or may not want to “burn” their limited sick leave.
Toward that end, we did work with the attorneys from the NSEA to develop one possible addendum that school districts could make to their negotiated agreements to remove some of those perceived obstacles (i.e., not enough leave, an aversion to using leave, etc.) from a teacher staying home to help prevent the potential spread of the coronavirus. The NSEA attorneys created the initial draft, which we appreciated, and KSB worked with the NSEA attorneys and others to revise it in order to include what we believe are some important protections for school districts that do want an addendum like this.
In short, the draft that the NSEA and its affiliate education associations may be proposing to you is only one option that your board of education can choose to pursue, among several options (including doing nothing!).
Although it may have been portrayed differently, it is not KSB’s advice that you should sign that addendum, and certainly not that you have to do so. We simply provided our feedback on the option that the NSEA proposed to make it better for school districts, if they choose to go that route.
We have also been asked by many schools for a modified version which grants additional medical leave to staff due to COVID-19 concerns that applies only after staff have used their sick leave or PTO leave intended to cover illness provided by your negotiated agreement. You can access the original addendum provide by the NSEA and a modified addendum requiring use of sick leave first, by clicking these links:
Addendum 1 -- NOT Requiring Use of Paid Leave (from the NSEA)
Addendum 2 -- REQUIRING Use of Paid Leave First (modified by KSB)
KSB School Law can help you draft a specific addendum that meets the specific goals of your board (and yes, any addendum will require board approval). The 2 Addenda linked above are only 2 of many options you have. Also, keep in mind these only apply to certificated staff who are members of the collective bargaining unit. This addendum does not address leave issues for administrators, specialists, and classified staff members who are not covered by your negotiated agreement.
If you have any questions about leave for teachers or other staff in response to the coronavirus, we recommend you contact your school attorney, or call Karen, Steve, Bobby, Coady, or Jordan.