Q Are public school districts required to credit part-time or temporary licensed employees serving as certified teachers with sick leave under either Section 37-7-307 and/or Section 25-3-93?

A Sick leave for licensed employees and teacher assistants must be computed in accordance with Section 37-7-307. Section 37-7-307 requires school districts to credit licensed employees and teacher assistants a minimum of seven (7) days paid sick leave at the beginning of each school year. The statutory requirement does not apply to those licensed educators or teacher assistants hired after the start of the school year. However, school boards have discretion to adopt policies which provide paid sick leave above the minimum seven (7) day requirement which could include a provision for leave credited on a pro-rata basis for employees hired after the start of the school year. Section 25-3-93 is not applicable to school district employees. (Attorney General’s Opinion to Harrell, November 30, 2016)