1997 Minnesota Statutes

     125.60 Extended leaves of absence. 

    Subdivision 1.  As used in this section, the term 
 "teachers" shall have the meaning given it in section 125.03, 
 subdivision 1.  

    Subd. 2.  The board of any district may grant an extended 
 leave of absence without salary to any full- or part-time 
 elementary or secondary teacher who has been employed by the 
 district for at least five years and has at least ten years of 
 allowable service, as defined in section 354.05, subdivision 13, 
 or the bylaws of the appropriate retirement association or ten 
 years of full-time teaching service in Minnesota public 
 elementary and secondary schools.  The maximum duration of an 
 extended leave of absence pursuant to this section shall be 
 determined by mutual agreement of the board and the teacher at 
 the time the leave is granted and shall be at least three but no 
 more than five years.  An extended leave of absence pursuant to 
 this section shall be taken by mutual consent of the board and 
 the teacher.  If the school board denies a teacher's request, it 
 shall provide reasonable justification for the denial.  

    Subd. 2a. Repealed, 1984 c 463 art 7 s 54 

    Subd. 3.    Reinstatement.  Except as provided in 
 subdivisions 6a and 6b, a teacher on an extended leave of 
 absence pursuant to this section shall have the right to be 
 reinstated to a position for which the teacher is licensed at 
 the beginning of any school year which immediately follows a 
 year of the extended leave of absence, unless the teacher fails 
 to give the required notice of intention to return or is 
 discharged or placed on unrequested leave of absence or the 
 contract is terminated pursuant to section 125.12 or 125.17 
 while the teacher is on the extended leave.  The board shall not 
 be obligated to reinstate any teacher who is on an extended 
 leave of absence pursuant to this section, unless the teacher 
 advises the board of the intention to return before February 1 
 in the school year preceding the school year in which the 
 teacher wishes to return or by February 1 in the calendar year 
 in which the leave is scheduled to terminate.  

    Subd. 4.  Any teacher who is reinstated to a teaching 
 position after an extended leave of absence pursuant to this 
 section shall retain seniority and continuing contract rights in 
 the employing district as though the teacher had been teaching 
 in the district during the period of the extended leave; 
 provided, however, this subdivision shall not be construed to 
 require a board to reinstate a teacher to any particular 
 position or to include the years spent on the extended leave of 
 absence in the determination of a teacher's salary upon return 
 to teaching in this district.  

    Subd. 5.  The years spent by a teacher on an extended leave 
 of absence pursuant to this section shall not be included in the 
 determination of salary upon return to teaching in the 
 district.  The credits earned by a teacher on an extended leave 
 of absence pursuant to this section shall not be included in the 
 determination of salary upon return to teaching in the district 
 for a period equal to the time of the extended leave of absence. 

    Subd. 6.  Nothing within the provisions of this section 
 shall be construed to limit the authority of a school board to 
 grant any teacher a leave of absence which is not subject to the 
 provisions of this section and sections 354.094 and 354A.091. 

    Subd. 6a.  No school board shall be obligated to reinstate 
 a teacher who takes a full-time or part-time position as a 
 teacher in another Minnesota school district while on an 
 extended leave of absence pursuant to this section.  This 
 subdivision shall not apply to a teacher who is employed as a 
 substitute teacher.  

    Subd. 6b.  A school board shall not be obligated to 
 reinstate a superintendent on an extended leave of absence 
 pursuant to this section to a position in the district.  

    Subd. 7. Repealed, 1989 c 329 art 9 s 34 

    Subd. 8.  A teacher on an extended leave of absence shall 
 receive all of the health, accident, medical, surgical and 
 hospitalization insurance or benefits, for both the teacher and 
 the teacher's dependents, for which the teacher would otherwise 
 be eligible if not on an extended leave, if such coverage is 
 available from the school district's insurer, if the teacher 
 requests the coverage, and if the teacher either (a) reimburses 
 the district for the full amount of the premium necessary to 
 maintain the coverage within one month following the district's 
 payment of the premium, or (b) if the district is wholly or 
 partially self-insured, pays the district, according to a 
 schedule agreed upon by the teacher and the school board, an 
 amount determined by the school board to be the amount that 
 would be charged for the coverage chosen by the teacher if the 
 school board purchased all health, accident, medical, surgical 
 and hospitalization coverage for its teachers from an insurer.  

    HIST: 1977 c 447 art 9 s 1; 1978 c 764 s 79-82; 1979 c 334 art 
 8 s 1-6; 1980 c 609 art 6 s 27; 1981 c 358 art 8 s 1,2; 1983 c 
 314 art 10 s 1-3; 1Sp1985 c 12 art 6 s 12; art 7 s 23; 1986 c 
 444; 1987 c 258 s 12; 1989 c 246 s 2; 1990 c 562 art 8 s 31; 
 1991 c 130 s 27; 1996 c 412 art 13 s 23