Discretionary Absence Blackout Days: Policy or Handbook?

On most instructional days, your district can allow a reasonable number of employees to take discretionary leave. However, there are some days when your district needs all hands on deck. Giving clear guidance to employees and supervisors about when an employee will not be granted discretionary leave is key. 

Listing days that employees will not be granted discretionary leave, often called “blackout days,” in board-adopted policy was a past practice. However, TASB Policy Service currently recommends addressing blackout days in administrative regulations such as your employee handbook for several reasons. 

Policy Provisions vs. Administrative Regulations  

Most districts’ policy regarding leaves and absences at DEC(LOCAL) begins with a provision that reads: 

The Superintendent shall develop administrative regulations addressing employee leaves and absences to implement the provisions of this policy. 

Board-adopted policy authorizes paid leave and provides a high-level description of your district’s leave practices. Administrative regulations, including the employee handbook, explain the details of leave implementation, like the required increments for paid leave and the use of compensatory time. Blackout days fit more appropriately in administrative regulations that address specifics of leave implementation. 

Detail and Specificity of Administrative Regulations  

Administrative regulations can specify blackout days, such as days: 

• Before or after a district holiday 
• During semester or final exams 
• During state-mandated assessments 
• During staff development  
• At the beginning or end of the duty year 

Districts may want to further refine this list by setting blackout days for some employees but not others. For example, a district might list days scheduled for semester or final exams as blackout days for teachers and administrators but not for auxiliary employees such as maintenance or food service workers. Conversely, a district might want to restrict discretionary absences for maintenance workers immediately following the last day of instruction but not for teachers and administrators. 

Listing blackout days in administrative regulations such as the employee handbook allows for greater specificity and administrative discretion that truly takes into account the effect of an employee’s absence on the district’s educational program and operations. 

Enforcing Administrative Regulations 

Most districts have provisions at DH(LOCAL) that require employees to comply with standards of conduct set out not just in policy, but in regulations and guidelines. An employee who uses discretionary leave in a way that violates provisions in policies, the employee handbook, or other administrative regulations may be subject to disciplinary action. 

Need Help? 

Your district’s policy consultant is happy to discuss your policy at DEC(LOCAL) with you. 

TASB HR Services has excellent resources on paid leave administration, including: 

• Limitations on State Personal Discretionary Leave 
• The Ins and Outs of State Personal Leave 
• The HR Services Resource Library (member login required): 
• State and Federal Leave 
• Framework for Developing Leaves and Absences Procedures 
• Model Employee Handbook 

An HR Services consultant can also examine your district’s leave administration process in a review to identify opportunities and strategies to improve current HR practices.