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Session Laws

1993

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CHAPTER 362 AN ACT PROVIDING FOR THE GRANTING OF LEAVES OF ABSENCES FOR CERTAIN SCHOOL DEPARTMENT EMPLOYEES BY SCHOOL SUPERINTENDENTS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 71 of the General Laws is hereby amended by striking out section 41A, as appearing in the 1992 Official Edition, and inserting in place thereof the following two sections:-

Section 41A. The school superintendent may grant a leave of absence for study or research to any teacher, registered nurse, principal, supervisor, director, school librarian, school business administrator, or assistant superintendent, serving at discretion which would increase his professional ability, such leave to be for a period not exceeding one year at full or partial pay; provided, however, that prior to the granting of such leave he shall enter into a written agreement with the superintendent that upon termination of such leave he will return to service in the public schools of such city or town for a period equal to twice the length of such leave and that, in default of completing such service, he will refund to the city or town an amount equal to such proportion of salary received by him while on leave as the amount of service not actually rendered as agreed bears to the whole amount of service agreed to be rendered. A school superintendent may also grant a leave of absence to any teacher, registered nurse, principal, supervisor, or school business administrator, serving at discretion for service to a statewide professional education organization of which such teacher, registered nurse, principal, supervisor, or school business administrator is a member and has been elected to hold the office of president therein, such leave to be for a period not exceeding four full years at full or partial pay; provided, however, that such professional education organization shall reimburse the school committee for any salary paid to said teacher, registered nurse, principal, supervisor, or school business administrator during such period. Any employee granted a leave of absence under this section may receive compensation from any grants or gifts received for the purpose of this section pursuant to section thirty-seven A, as well as from funds appropriated therefore.

Any teacher, registered nurse, principal, supervisor, director, school librarian, school business administrator, or assistant superintendent who is elected to a state office, or elected by the people to the office of mayor shall, upon his written request made to the school superintendent, be granted a leave of absence without pay for such position for all or such portion of the term for which he was elected as he may from time to time designate, and shall not as a result of such election, be suspended or discharged or suffer any loss of rights.

A school committee may grant a leave of absence for study or research, or for service to a statewide professional education organization, and shall grant a leave of absence for service as an elected state official or elected mayor, to a school superintendent under the same terms and conditions as are described above for leaves granted to other professional staff.

Section 41B. A school superintendent shall grant to a teacher who has been accepted to serve in the Peace Corps of the United States and who is currently in good standing in a public school of the commonwealth a leave of absence for the term of such service. Such leave shall be without pay and shall not be counted as creditable service for retirement purposes but such member shall be restored to his previous or a similar position, with the same status, pay, length of service credit and seniority, whenever applicable, as he held on the date of such leave of absence.

Approved December 30, 1993.