Sick Leave Bank Membership Handbook

Transcription

1 Sick Leave Bank Membership Handbook I. PURPOSE AND DEFINITIONS A. Purpose The purpose of the Sick Leave Bank (SLB) is to provide additional sick leave days to members of the Bank in the event of a catastrophic illness or injury. Days may be requested from the Bank only after the member has exhausted all accumulated state, local, and vacation leave and has been docked five (5) days of pay. B. Definition of Sick Leave Days for Members 1. The KISD Sick Leave Bank Committee must approve sick leave days from the Bank. Days are granted to a member who, through a catastrophic illness or injury, is unable to perform the duties of his/her position. 2. All employees of KISD who qualify for sick leave benefits are eligible to participate in the Sick Leave Bank. 3. Participation is voluntary but requires contribution to the Bank. (See Section II-- Membership Guidelines) Only contributors will be permitted to use the Bank for qualifying catastrophic illness or injury during regularly scheduled duty days. C. Definition of Catastrophic Illness 1. A catastrophic illness or injury is defined as an illness or injury that is a severe condition or combination of conditions affecting the mental or physical health of the employee or the employee s spouse, parent, son, or daughter that require the services of a licensed practitioner for a prolonged period of time and that forces the employee to exhaust all leave time earned by that employee and to lose compensation from the District. Such conditions typically require in-patient hospitalization or are expected to result in disability or death. Complications resulting from pregnancy shall be treated the same as any other condition. A catastrophic illness or injury must result in the employee's temporary incapacity to perform his/her job functions. 2. Catastrophic illness or injury shall not include attempted suicide, alcoholism, bulimia, anorexia, uncomplicated pregnancy, illness related to chemical dependency, any preexisting conditions, or injuries resulting from or while the employee or the employee s spouse, parent, son or daughter is intoxicated or under the influence of a narcotic (unless administered on the advice of a physician). Page 1 of 9

2 II. MEMBERSHIP A. Eligibility Sick Leave Bank membership is extended to all KISD employment categories and employees who are eligible to receive sick leave benefits under current KISD policy, and who are classified as actively employed as of February 1, 1996 or thereafter. B. Procedure for Joining the Sick Leave Bank 1. Any employee who is eligible to join the Sick Leave Bank may do so by contributing two (2) days of accrued, or to be earned, local sick leave. An employee desiring to join during the current school year must be able to earn at least two days from the time of his/her employment until the completion of his/her total number of days of work at the end of the current school year. 2. The enrollment period for the first year of the Sick Leave Bank will be from February 1, 1996 to March 1, In subsequent years, the enrollment period for current employees and new employees hired prior to the opening of the school year shall be July 1 through September All KISD personnel who join the Bank within the enrollment period are eligible for membership beginning with their first official day of work. 4. New personnel employed after the enrollment period are eligible to join as soon as they begin work. Such personnel must join within thirty (30) working days of beginning employment. 5. Employees desiring to join the Sick Leave Bank shall complete the membership form given to them in their on-boarding paperwork or during Open Enrollment. Upon approval, the appropriate numbers of days are deducted from the employee s sick leave balance. C. Withdrawal of Membership from Sick Leave Bank The member may cancel membership at any time by using the proper form obtained from the Director of Employee Benefits. The employee shall not be eligible to use the Sick Leave Bank as of the effective date indicated on the signature line of the withdrawal form Under no circumstance may the employee regain donated local leave days upon cancellation from membership. Page 2 of 9

3 D. Reasons for Termination of Sick Leave Bank Benefits A member of the Sick Leave Bank is not eligible to use the benefits of the Bank under the following conditions: 1. Termination of employment with KISD. 2. While being suspended without pay. Eligibility will be terminated during the suspended period. 3. A member's voluntary cancellation of his/her membership in the Sick Leave Bank as of the effective date of the cancellation. 4. A member chooses not to contribute the required number of days in the event the Bank falls below its minimum days. Refer to Section IV: Procedures Contributions of Days, Letter H. 5. A member chooses not to pay back the required number of days after using Sick Leave Bank days. Refer to Section IV: Procedures Contributions of Days, Letter D. 6. Any abuse or misuse of the rules of the Sick Leave Bank. 7. While on a non-medical leave of absence. 8. The member has failed to apply for disability or medical retirement when a physician has determined that the member will not likely return to work and will qualify for retirement. 9. The member fails to report immediately any job held for which he/she receives remuneration during the period he/she is on leave granted from the Bank. E. Closure of Bank If the bank is depleted of leave without sufficient membership to sustain it, all membership and benefits will end. Leave deposited will be forfeited by the members. Page 3 of 9

4 III. GOVERNING COMMITTEE A. Sick Leave Bank Committee The governing committee that will approve or disapprove all requests for the Sick Leave Bank shall be called The Keller ISD Sick Leave Bank (SLB) Committee. B. Composition of Membership of SLB Committee 1. Members of the Bank who have been employed by the school district for at least three consecutive years at the time of the election may serve on the SLB Committee. 2. The Sick Leave Bank will be administered by a thirteen (13) member committee composed of: Two professionals from elementary level Two professionals from intermediate level Two professionals from middle school level Two professionals from high school level One nurse One representative from paraprofessional staff One representative from child nutrition staff One representative from maintenance/custodial staff One representative from administration Exception: If a representative cannot be obtained from one of the above categories, then a member(s) can be added to serve at large. The Assistant Superintendent of Human Resources or designee shall serve as the advisor to the SLB Committee. 3. A member of the SLB Committee once elected by the membership shall serve for two years beginning September 1 and ending August 31 unless they tender their resignation from the committee or terminate their employment with the District. A member may be reelected and serve for a maximum of two consecutive terms. 4. To cast votes, the committee must have a minimum of nine members casting votes. A simple majority will prevail. 5. Election Procedures a. The SLB committee shall be composed of members of the bank who have volunteered to be on the Sick Leave Bank Committee. If there are more volunteers than needed, we will vote through survey monkey to select the final Sick Leave Bank Committee. b. Elections will be held by electronic mail. Confirmation of any new members will be made by the SLB Committee upon review of the results at the first meeting. Page 4 of 9

5 C. Duties and Responsibilities of the SLB Committee 1. At the first meeting of the year, the SLB Committee shall select from its group a chairperson, vice chairperson, and a secretary. 2. An application for benefits will be reviewed for eligibility by the Sick Leave Specialist and submitted to the Chairperson (Vice Chairperson in his/her absence) for review, validation of eligibility and submission to the SLB Committee for a vote. A vote may be conducted by electronic mail or may be held in a called meeting. A simple majority of those responding will prevail with a minimum of nine responses required. 3. The applicant may be requested to appear before the SLB Committee to substantiate his/her case. 4. The SLB Committee shall determine the number of days approved up to twentyfive (25) days and reserves the right to approve, disapprove, or modify the days requested. 5. Decisions made by the SLB Committee may be appealed through the District s established grievance policy. The Level One grievance will be filed with the SLB Committee, the Level Two grievance with the Assistant Superintendent of Human Resources, and the Level Three grievance with the District Board of Trustees. 6. Vacancies on the SLB Committee that may arise during the school year will be filled by appointment by the SLB Committee. Selection will be made from the group that was represented by the member who resigned. If a representative cannot be obtained from the group that was represented by the member who resigned, then a member may be added to serve at large. Page 5 of 9

6 IV. PROCEDURES CONTRIBUTION OF DAYS A. To become a member of the Bank, an employee must contribute two (2) days from his/her accrued, or to be earned, local sick leave. B. These days will be subtracted from the member's local sick leave record. C. The two (2) days donated become the property of the Keller ISD Sick Leave Bank. All donations will remain in force and cannot be returned even upon cancellation of membership. D. For Sick Leave Bank purposes, the school year will be from July 1 through June 30. If a member uses two or more days from the Bank during this period, two earned days of local sick leave must be deposited by the member the following school year in order to maintain membership in the Sick Leave Bank. If fewer than two days of leave are used by the member, the number of days actually granted must be deposited in order to maintain membership. E. If a member chooses not to pay back the required number of days, he/she will lose his/her membership. F. An employee must submit his/her membership on the District's Sick Leave Bank application. G. If the member decides to cancel his/her membership and at a later date wishes to rejoin the Bank, he/she may do so only during an open enrollment period and again donating two (2) days. H. Members shall not be required to deposit additional leave in subsequent years unless the bank is in danger of being depleted or the member has been granted leave from the bank. In that event, in order to retain membership, members shall be required to deposit additional days of local sick leave. If the total number of Sick Leave Bank days fall below one and a half times (1.5X) the number of participating members on September 30, continuing participants must contribute one extra day effective October 1 of the next school year. If the days fall below one time (1X) the number of members, he/she must contribute two days. Page 6 of 9

7 V. PROCEDURES GRANTING SICK LEAVE BANK DAYS A. Sick Leave days from the Bank are available only in the event of a catastrophic illness or surgery, and cannot be used for an illness, surgery, or other temporary disability that result from a pre-existing condition. A pre-existing condition is a condition which the individual received or had recommended medical treatment, diagnosis, consultation, or prescription drugs within 12 months immediately preceding the effective date of his or her enrollment in the SLB. Leave shall not be granted for a preexisting condition. B. Complications arising from pregnancy and childbirth may be considered on an individual basis when they pose an immediate medical threat to the member. C. An employee may request days from the SLB only after having been absent five workdays without pay after all accumulated state leave, local leave, and vacation leave to which the employee is entitled has been exhausted. D. Sick Leave Bank days shall be granted only for absences from working days and will not be granted for holidays, vacation days or other days for which the member is not paid. Leave shall not be granted when a member is on a non-medical leave of absence or when a member is suspended from duty. E. The maximum days an employee can draw from the Sick Leave Bank is twenty-five (25) days per year. A "year" for calculation purposes is 12 calendar months from the first sick day used from the Sick Leave Bank. F. Days from the Sick Leave Bank shall be granted only for catastrophic illness, injury, surgery, or other temporary disability which necessitates an absence from work of five (5) consecutive days or longer. G. In the event of a qualified employee's death during the application/approval process, days may be granted up to the day of his/her death not to exceed the maximum allowable Sick Leave Bank days. H. The approved days from the Sick Leave Bank must be used consecutively. The employee can request an extension but only up to the maximum amount allowed. Unused days shall be returned to the bank. I. The Sick Leave Bank may only be used for the contributor's own personal illness or injury or the employee s spouse, parent, son or daughter J. Leave from the Bank may not be used for disabilities which qualify the member for Workers' Compensation benefits. K. In no case will the granting of sick leave days from the Bank cause a member to receive more than his/her annual salary. Page 7 of 9

8 L. A catastrophic injury is defined as an injury that is a severe condition or combination of conditions affecting the mental or physical health of the employee or the employee s spouse, parent, son, or daughter that require the services of a licensed practitioner for a prolonged period of time and that forces the employee to exhaust all leave time earned by that employee and to lose compensation form the District. Such conditions typically require in-patient hospitalization or are expected to result in disability or death. Complications resulting from pregnancy shall be treated the same as any other condition. M. The treatment of the catastrophic injury or illness must be under the supervision of a licensed physician of record. N. All requests to draw upon the Sick Leave Bank must be made upon a Sick Leave Request Form. All requests must be accompanied by the Sick Leave Bank Physician's Statement confirming the cause of illness or confinement and certifying the existence of a disability to perform assigned duties. O. The physician must include a statement that the illness did not pre-exist before the initial date of Sick Leave Bank membership and give an estimated date eligible to return to work on a full-time basis. The form must be legible, personally signed by the physician, and completed in lay language. P. Each application for a grant from the Sick Leave Bank must include a new, up-to-date Physician's Statement on the appropriate Bank form. Q. In case a Bank member's incapacity is of such a nature that he/she cannot personally apply for a grant, the application may be submitted in his/her behalf to the SLB Committee by an authorized agent or member of his/her family. R. Termination of employment from Keller ISD terminates Sick Leave Bank membership. Under no circumstances does the employee regain donated sick leave days contributed to the Sick Leave Bank. S. An employee cannot "cash in" Sick Leave Bank days. T. All forms for application, participation, or cancellation in the Sick Leave Bank shall be available from the Director of Employee Benefits and shall be given or sent to any employee upon request. U. Sick Leave Request Forms shall be marked for approval or denial based upon the decision of the SLB Committee. The Sick Leave Specialist shall disperse copies of the forms to the applicant and the chair of the SLB Committee and retain the original. The applicant will be notified of any additional information needed in order to make a decision. Page 8 of 9

9 VI. FINAL DECISIONS Any questions concerning membership, regulations, or application for sick leave days from the Sick Leave Bank that may arise after adoption of this plan not specifically covered herein, shall be submitted to the SLB Committee. The SLB Committee may make a policy recommendation to the Assistant Superintendent of Human Resources. APPLICATION PROCEDURE All Sick Leave Bank forms can be obtained from: Benefits Specialist; Director of Employee Benefits Or on THEbenefitsHUB at Human Resources Office 350 Keller Parkway Keller, TX Page 9 of 9