4079 Sick Leave Bank and Individual Sick Leave Donation Program
A Sick Leave Bank consisting of sick leave days donated by employees of the district shall be established. The guidelines for administering this bank shall be established and carried out by the Sick Leave Bank Committee.
The Sick Leave Bank Committee shall maintain records and submit a report by the end of each fiscal year to the Chief Financial Officer which provides an accounting of the number of days donated, number of days authorized for use and remaining available balance of the bank. The report shall also list the names of the bank members.
PURPOSE
To provide a bank of sick leave days from which qualifying members of the sick leave bank may request donations for extraordinary or severe illness, injury, impairment or physical or mental condition or pregnancy or recovery from childbirth that has caused or will cause the employee to exhaust all accumulated sick leave earned pursuant to the School Laws of Oklahoma.
MEMBERSHIP
All full-time and part-time district employees (certified, support, support associate and administrative) may become members of the sick leave bank upon employment, provided they contribute days to the bank. Members may not access sick bank days until the employee has been a member of the sick bank for one (1) year.
A. The committee will notify all new full-time and part-time employees of this benefit.
B. Employees are responsible for initiating the sign-up process and may enroll in the sick leave bank within sixty
(60) days of employment date or at an annual insurance open enrollment signup period.
C. Full-time employees shall contribute one (1) day of sick leave upon becoming members of the sick leave bank. Part-time employees must contribute the pro rata number of hours of sick leave equivalent to one day of sick leave upon becoming members of the sick leave bank. Employees (full-time and part-time) may not contribute more than ten (10) days per year to the bank.
D. The minimum number of days in the bank shall be one hundred (100). Should the number of days drop below this minimum, each member shall be required to contribute another day in order to remain a member of the bank. Any member of the sick leave bank who has no sick leave days accumulated when these days are assessed may remain a member of the sick leave bank for the remainder of the current school year and shall contribute two (2) days at the beginning of the next school year.
E. Days contributed or assessed become the property of the sick leave bank and no longer count toward the individual member’s accumulated or current sick leave. Days contributed shall remain in the sick leave bank until exhausted.
F. Only qualifying members of the sick leave bank may receive donations under this policy. OPERATION
A. The operation and administration of the sick leave bank shall be by the Executive Director of Human Resources (or the Director of Human Resources), the UCTA President (or delegate), the USPA President (or delegate), Benefits Supervisor/Manager or Specialist and a registered nurse. Such individuals shall constitute the Sick Leave Bank Committee. The Executive Director of Human Resources (or the Director of Human Resources) shall be the Chairman of the Sick Leave Bank Committee.
B. Eligibility for donation and number of sick leave days shall be decided by a majority vote of the Sick Leave Bank Committee. In the case of a tie vote, the Chairman of the committee shall make the final decision.
C. Sick leave bank days cannot be used until all paid sick leave, vacation and personal leave days (support employees) and all sick leave, personal leave and sub-deduct days (teachers) have been exhausted by the employee. Employees may not be reimbursed for sub-deduct costs under this policy.
D. Application must be made in writing to the Sick Leave Bank Committee through the Executive Director of Human Resources. Employees who are eligible to be members of UCTA or USPA should send a copy of the application to the appropriate union president. An employee may be eligible to receive donations if the
Committee determines the employee meets the criteria described in this policy and the employee has followed district policies regarding the use of sick leave.
E. In order for the Sick Leave Bank Committee to evaluate whether an application for donation for sick leave bank days qualifies under this policy, the employee must sign a release stating that members of the Sick Leave Bank Committee will be authorized to receive information regarding the nature and extent of the applicant’s condition or the condition of the household member for which leave is requested. Applications for sick leave donation from the bank will not be considered until a release has been received from the employee. The Sick Leave Bank Committee members will be required to sign an agreement to keep all such information confidential.
F. The employee will be required to submit a medical certificate from a physician verifying the severe or extraordinary nature and expected duration of the condition and may be required to produce additional certifications to verify the continued severe or extraordinary nature of the condition and expected duration. “Severe or extraordinary” may include severe conditions resulting in non-elective surgery, as well as life- threatening conditions, but does not include ongoing or sudden conditions that are not severe, extraordinary or life-threatening and does not include routine or non-life-threatening chronic conditions.
G. Sick leave received by the bank will be paid at the daily rate of the receiving district employee. The sick leave received by a district employee from the bank will be designated as donated sick leave and will be maintained separately from all other sick leave.
H. Sick leave received by an employee pursuant to an application for donation from the bank can only be used for the condition verified by the physician pursuant to that particular application and any unused days will be returned to the bank.
I. Pursuant to State law, members who have not abided by district policies regarding the use of sick leave are prohibited from utilizing sick bank days.
J. Use of Days:
1. The maximum number of days granted per application shall be limited to the equivalent of the employee’s thirty (30) work days donated from the bank per school year.
2. In case of extreme or unusual circumstances, the employee may appeal to the Sick Leave Bank Committee for consideration to extend beyond the thirty- (30-) day per school year limit.
3. During his/her employment with the district, the employee shall be limited to the equivalent of the employee’s ninety (90) work days donated from the bank.
4. A qualifying employee who has exhausted his/her availability of donated leave under the Sick Leave Bank policy may utilize sick days donated by individual employees as per the Individual Sick Leave Donation Program below.
5. Donations from the bank will not be permitted for employees who have been released for any portion of the work day.
6. As of the effective date an employee is approved for payment under the long-term disability policy provided by the district, the employee will cease to qualify to utilize sick bank days.
All donated sick leave must be given voluntarily. No employee shall be coerced, threatened, intimidated, or financially induced into donating sick leave for purposes of this program.
This policy shall be reevaluated and/or revised annually by the Sick Leave Bank Committee. INDIVIDUAL SICK LEAVE DONATION PROGRAM
This program provides a method for full-time and part-time employees who have been employed with the district for three consecutive years to receive donations for extraordinary or severe illness, injury, impairment or physical or mental condition or pregnancy or recovery from childbirth that has caused or will cause the employee to exhaust all accumulated sick leave earned pursuant to the School Laws of Oklahoma. Requests for donations under this program must be submitted to the Sick Bank Committee for review to determine if employee qualifies for donation under this policy. A USPA/UCTA representative will, if request for donation is approved, distribute information to facilitate donations under this policy.
In order for an employee to donate sick leave to another employee under this program, the donating employee must meet the following conditions:
A. The donating employee must be a full-time or part-time employee and may not donate more than ten (10) sick leave days in any one school year.
B. The donating employee may not donate:
1. Sick leave brought in from other districts.
2. Sick leave accrued in excess of 120 days.
C. The donating employee may not donate sick leave under this program if such donation would cause his/her available sick leave balance to drop below 80 hours (10 days).
D. The donating employee must submit a signed, dated form to Human Resources, after designating the number of days he/she agrees to donate and the naming individual to receive the donation. The donating employee will further agree, by signing the form, that he/she will donate any days not used by the individual to the sick leave bank. Any days donated to the sick leave bank become the property of the bank and will remain in the bank
until exhausted. If the donating employee does not agree to donate the days unused by the individual to the sick leave bank, sick days cannot be donated to the individual.
E. The donating employee may only donate sick leave to employees qualifying under this policy. An employee may receive donations after the Sick Leave Bank Committee determines that the employee meets the criteria described in this policy and the employee has followed district policies regarding the use of sick leave.
In order to qualify to receive donations of sick leave from an individual, an employee must meet the following conditions:
A. The receiving employee must be a full-time or part-time employee and must have been employed with the district for three (3) full years (determined by the employee’s start date).
B. The receiving employee must also be ineligible for the sick leave bank due to non-membership or because he/ she has exhausted his/her ability to receive sick leave donations under the Sick Leave Bank policy.
C. The receiving employee must have exhausted his/her sick leave, vacation and personal leave days (support employees) and sick leave, personal leave and sub-deduct days (teachers). Employees may not be reimbursed for sub-deduct costs under this policy.
D. The receiving employee must have submitted to the Executive Director of Human Resources a certificate from a physician verifying the severe or extraordinary nature and expected duration of the condition.
E. In order for the Sick Leave Bank Committee to evaluate whether an application for donation for sick leave bank days qualifies under this policy, the employee must sign a release stating that members of the Sick Leave Bank Committee will be authorized to receive information regarding the nature and extent of the applicant’s condition or the condition of the household member for which leave is requested, and may be required to provide additional certifications to verify the continued severe or extraordinary nature of the condition and expected duration. Applications for sick leave donation from the bank will not be considered until a release has been received from the employee. The Sick Leave Bank Committee members will be required to sign an agreement to keep all such information confidential.
F. The employee will be required to submit a medical certificate from a physician verifying the severe or extraordinary nature and expected duration of the condition and may be required to produce additional certifications to verify the continued severe or extraordinary nature of the condition and expected duration. “Severe or extraordinary” may include severe conditions resulting in non-elective surgery, as well as life- threatening conditions, but does not include ongoing or sudden conditions that are not severe, extraordinary or life-threatening and does not include routine or non-life-threatening chronic conditions.
G. The receiving employee may only utilize the donated days for which he/she qualifies by virtue of the employee’s condition or the condition of a household member for which the donation was specifically made. Days not utilized by the receiving employee will not be retained by the employee for future use.
H. During his/her employment with the district, the employee shall be limited to the equivalent of the employee’s ninety (90) workdays of sick leave donations from individual(s) under this program.
I. Sick leave received by the employee pursuant to this program will be paid at the daily rate of the receiving district employee. The sick leave received by a district employee from the donating individual will be designated as donated sick leave and will be maintained separately from all other sick leave.
J. Donations under this program will not be permitted for employees who have been released to work for any portion of the workday.
K. As of the effective date an employee is approved for payment(s) under the long-term disability policy provided by the district, the employee will cease to qualify to utilize donated sick days.
L. Pursuant to State law, members who have not abided by district policies regarding the use of sick leave are prohibited from utilizing sick bank days.
M. The Superintendent may, under conditions he/she considers extreme, waive certain criteria for qualifying to receive donations or other provisions of the Individual Sick Leave Donation Program.
All donated sick leave must be given voluntarily. No employee shall be coerced, threatened, intimidated, or financially induced into donating sick leave for purposes of this program. The Human Resources Department will not solicit donations from employees under this program.
Adopted 1/14/02 UCTA 4079
Revised 12/8/03 USPA 5.11
Revised 12/13/04
Revised 2/12/07
Revised 11/10/08
Revised 11/8/10
Revised 11/14/16
Revised 12/11/17
Revised 12/12/22