Initiating body:	Office of Human Resources
Contact:	Assistant Director of Benefits 438-8311
Revised on:	02/2004

3.1.38 Sick Leave Bank Program

Policy

The Sick Leave Bank serves as a depository into which participating employees may donate accrued sick leave time for allocation to other participating employees. The purpose of this bank is to alleviate the hardship caused if catastrophic illness or injury forces the employee to exhaust all sick leave time (including non-accumulative and extended illness sick leave) earned by that employee and thereby lose compensation.

Eligibility and Limitations

1. Catastrophic injury or illness is defined as a severe condition or combination of conditions affecting the mental or physical health of an individual. The catastrophic illness or injury must require the continuing services of a physician, psychologist, or psychiatrist.
2. This sick leave bank is available to those employees who have completely exhausted all sick leave time and who are not receiving temporary disability benefits under workers’ compensation.
3. Eligibility for participation in the bank for a fiscal year begins upon the employee’s original donation of at least one day accrued sick leave to the bank. Eligibility will continue from year to year, provided the employee donates at least one day of accrued sick leave each subsequent fiscal year during the prescribed donation period. For individuals on less than a 100% appointment, one day is determined on the basis of their appointment percentage. Employees who do not accrue accumulative sick leave, but are granted non-accumulative hours, will be allowed to gain eligibility by donating at least one day of their non-accumulative sick leave balance, if they have been employed at least six (6) continuous months.
4. Eligibility for participation in the bank will discontinue upon termination of employment, death of the employee, or failure to donate the required minimum yearly rate noted above.
5. Benefits from the bank are not available retroactively. Once benefits are donated, they are no longer available to the employee.
6. Use of benefits from the Sick Leave Bank is considered under the provisions of the Family and Medical Leave Act (FMLA) and any use is included in the twelve weeks of leave provided under this Act, if applicable.
7. When the balance of the bank reaches 45 days, a special donation period may be opened.
8. Days remaining in the Sick Leave Bank at the end of a fiscal year will be carried over to the next fiscal year.

Donations

Any employee who wishes to transfer a portion of his/her sick leave must sign a statement indicating the number of days to be transferred. Employees will be given an annual opportunity to donate accrued sick leave (accumulative for those who accrue accumulative sick leave and non-accumulative for those who do not accrue accumulative sick leave) to the bank during the benefits choice period. Donations made during benefits choice period qualify the donor for the following fiscal year.

1. The minimum amount of sick leave an employee may contribute is one day. Donations to the bank must be in one day increments. The donating employee must retain a minimum of five (5) days of sick leave in their personal account. Once sick leave has been donated to the bank, it cannot be restored to the donating employee.
2. Donations are to be taken from the noncompensable sick leave balance first, then from the payable sick leave balance if necessary and available, and will be transferred on a ratio of 1/1. No transfer of funds occurs, but the contributing employee’s sick leave balance is reduced by the number of days donated.
3. Employees may not designate a particular employee to receive their donated time.

Withdrawls

1. An employee or his/her designee must request sick leave from the bank in writing to the Bank Administrator in care of the Benefits Section of the Office of Human Resources. Request for sick leave may be for the use of the employee or a family member (spouse, domestic partner, child, or parent) with a serious health condition as stipulated under the Family Medical Leave Act).
2. All requests must be accompanied by a physician’s statement that includes the beginning date of the condition, a description of the illness or injury, and a prognosis for recovery. All requests should also indicate the estimated number of sick leave days required and information related to any pending disability claims.
3. Requests for withdrawal must be made by the employee or his/her designee no later than five (5) working days after all accrued sick leave time has been exhausted.
4. Designated University personnel will render a decision to the employee within five (5) working days after receipt of the request.
5. The amount, if any, of sick leave granted for each request will be determined by the Sick Leave Bank Coordinator but cannot exceed one-third of the balance in the bank or a maximum of twenty (20) working days, whichever is less. No employee may receive more than twenty (20) working days in one fiscal year.
6. If the recipient returns to work before the received hours have been expended, the recipient retains those hours.

Appeal Process

In the event that a participant is denied benefits from the bank, the employee may appeal the decision to a committee consisting of a representative from the University’s Benefits Office and three peers, one from each governing body (Administrative/ Professional Council, Civil Service Council, Academic Senate). The Appeals Committee is empowered to make exceptions to these guidelines. The Appeals Committee shall provide an annual report that includes the decisions made on each appeal presented. This report is provided to each governing body and the Director, Human Resources and will maintain confidentiality and privacy of those who have made appeals. Formal written letters of appeal should be submitted directly to the Office of Human Resources/Benefits Section. A formal response to such an appeal shall be issued within fifteen (15) working days of receipt and is final and binding.