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School Calendar Strategies. The “Bite the Bullet” Approach. Least complicated (but maybe hardest politically) – take fewer “days off” Squeeze in days during regular work weeks, maintain same number of days PROS Don’t have to change salary schedule, “contract” terms stay intact
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The “Bite the Bullet” Approach • Least complicated (but maybe hardest politically) – take fewer “days off” • Squeeze in days during regular work weeks, maintain same number of days PROS • Don’t have to change salary schedule, “contract” terms stay intact • Doesn’t lead to overtime issues • Less disruptive, less administrative change needed CONS • Drop in morale • Students and employees are used to certain breaks • Parental complaints
The “Longer School Day” Approach PROS • Don’t have to cut holidays or breaks • Less risk in case of weather days • Can add small increments of time each day – less dramatic impact CONS • Could create serious overtime problems • Salary schedule fallout • Changes daily rate • De facto “raise” in daily rate • Require more modifications, explanation in salary schedule • More difficult to deal with administratively • Family issues – daycare, work schedules, etc.
So … Which Approach is Best?– From a legal practitioner’s perspective – The “Bite the Bullet” Approach (Stick with 180 days)
Rationale for Recommendation • The least complicated administrative approach is the “Bite the Bullet” Approach • Fewer overtime concerns • Salary schedule does not have to change • Other established work terms and conditions can remain the same (i.e., daily rate of pay, “contract hours,” scheduled work times) • Can simply change calendar to reflect shorter school year • Accustomed to this sort of change
If You Add “Days” to Workweekor Hours to Days We have some things to think about . . . • Salary schedule • Overtime • Policy/handbook conflicts • Scheduling • Other fundamental or structural issues, depending on approach
Salary Schedules • Typically contain job titles and chart of salaries • Most often salaries reflected as annual rate • Schedules must meet (or exceed) state matrix for some employees • Schedules must have “steps” • Some are quite detailed – some are quite simple
Salary Schedules • In addition to charts of numbers, most schedules have some terms and conditions which impact salary, such as: • Number of days salary covers (e.g., 187) • Number of hours each day that salary covers (e.g., 7.5, 8) • Holidays, vacations, sick days • Formulas for overtime, salary reduction • Supplement information • “Conversion” data • How to apply data • Expectations for earning salary
Salary Schedules • Much litigation over salary schedules • Placement, conversion, form • Equal protection • Establishes “expectations” related to pay • Changing salary schedules always needs to be carefully considered – changes have a “ripple” effect • “Contractual” language • If changed in any way to raise compensation, very difficult to lower it back down
Overtime • Adding days or hours to work week has overtime implications • For most full time employees, could result in overtime • If add Saturdays, can just pay for the day – if structured right, the “day” will be built into salary and will only have to pay 1/2 time for the overtime (“overtime premium”) • If not thought through, can change formula for “daily” rate (and thus the hourly rate)
Overtime • Adding hours to days can also have overtime implications – depending on when you do it • Can be confusing – Board is paying for the base hour as part of salary – really only owe an overtime premium if extra hours are in salary. • Will result in extra cost though • The obvious solution of just letting someone go home early to avoid overtime means employee won’t work obligated time BUT • Working obligated time will result in overtime • Overtime problems can be magnified
Policy/Handbook Conflicts • Board materials matter – employees, students, parents, and community rely on them • If the work day changes, there is much to modify – work schedules, class schedules, bus schedules, etc. • Provisions are in memos, letters, handbooks • Policies and handbooks sometimes include specific definitions of work week, school day, work day, hours of work, etc. – have to resolve conflicts
Scheduling • Logistical issues • If add to day, add morning or afternoon? – weigh staffing consequences • Extracurricular activities • Opening and closing building – who will take care of? • Has to be consistent and clear
Some Preliminary Thoughts • Using holidays, break days, etc. is easiest approach • Using e-days or innovative strategies will take care of overtime issue, but have to figure out when classified employees can make up the day • Saturday school may be a workable approach, especially if the Saturday falls in a short work week (no overtime issues) • Extending the school day can also work, especially if extended only in short weeks (e.g., could make up a full instructional day by staying late only on certain days)
Regardless of Approach • Be clear with employees • Don’t get cute – call it like we see it • Put arrangements or changes in writing – think about a letter • Clear understanding on modification to salary computations, limitations, and nature of changes (e.g., are they temporary?) • Communicate with Board • They are hearing from parents, teachers, and students who want to keep the days off • Make sure consequences of that approach are clear so they can be considered