FILE: GBRIBB
Cf: GBRIB
SICK LEAVE BANK
STATEMENT OF INTENT
The purpose of a Sick Leave Bank is to provide a bridge to long-term disability and provide an employee additional paid sick leave
who experience a medical necessity as subject to the terms outlined in this policy, and
who have completely exhausted all accumulated leave time and who are not otherwise receiving related compensation benefits such as disability, workmen’s compensation, or unemployment.
A medical necessity shall be the result of a catastrophic illness or injury, which means a life-threatening, chronic or incapacitating condition of the employee or a member of his/her immediate family. Pregnancy is not considered a catastrophic illness. However, complications resulting from pregnancy may be considered catastrophic.
ELIGIBILITY TO ENROLL AND PARTICIPATION IN THE SICK LEAVE BANK
All full-time employees who are eligible for sick leave and who have completed one (1) year of continuous service with the Beauregard Parish School Board will be eligible to participate. An employee must have a minimum of twenty-five (25) accumulated sick leave days to be able to participate in a donation. Eligible employees may donate not more than ten (10) sick leave days to the Sick Leave Bank.
Contribution of sick leave days from employees shall be made directly to the Sick Leave Bank and not directly to individual employees. Three (3) separate accounts shall be established within the Sick Leave Bank: one for teachers, one for bus operators, and the other one for other school employees. Contributions to the Sick Leave Bank shall be credited to the appropriate account depending on the classification of the donor.
Annual participation in the Sick Leave Bank is voluntary, but requires contributions to the bank. Contributions shall be made during the Annual Open Enrollment Period of each year. Eligible employees who do not elect to join the Sick Leave Bank within the annual enrollment period will not be permitted to join until the subsequent Annual Open Enrollment Period.
To become a member of the Sick Leave Bank for FY 2012 - 2013, an employee must complete a Sick Leave Bank Membership Enrollment Form and contribute at least one (1) day from his/her accumulated sick leave for the current school year during the Annual Open Enrollment Period. This day will be subtracted from the member’s local sick leave record and become the property of the Sick Leave Bank. Once executed, all contributions are irrevocable.
Continued participation in subsequent fiscal years is required annually. Eligible employees must complete a Sick Leave Bank Membership Enrollment Form and contribute at least one (1) day from his/her accumulated sick leave days. No fractional days may be donated.
Only contributors to the bank will be eligible to apply for benefits to use the Sick Leave Bank for payment for qualifying extended illness during regularly scheduled duty days, and beyond all other available leave options (i.e. sick leave, annual leave, extended medical leave, or any other available leave).
Enrollment in the Sick Leave Bank does not guarantee that an employee will receive benefits from the Sick Leave Bank. Each request for withdrawal of benefits will be evaluated and a decision made based on the specifics of the requests.
A member of the Sick Leave Bank will lose the right to apply and be eligible for benefits by:
Termination of employment
Suspension with or without pay during the period of suspension
Being on approved leave of absence
A member’s voluntary cancellation of his/her membership
Any abuse or misuse of the rules of the Sick Leave Bank
ELIGIBILITY AND APPLICATION PROCESS FOR WITHDRAWAL OF BENEFITS
The Sick Leave Bank is not intended to be used for short-term leave due to routine and non-extraordinary illnesses, nor for time off covered by or related to worker’s compensation. Rather, it is intended to be used for prolonged catastrophic illnesses, injury, or disability such as a medically necessary surgery, illness or disability which requires hospitalization and/or convalescence or recuperation in an extended care facility or at home while under the care of a licensed physician.
Use of the Sick Leave Bank will be limited to the number of days in the bank on the established contribution deadline of each year.
Pre-existing conditions known to exist by the employee on or before the date of joining the Sick Leave Bank will not be covered until one year from the date of the employee’s initial enrollment.
A member requesting use of the Sick Leave Bank will be required to sign a statement attesting to the fact that the condition, which necessitated the request for days from the bank, was unknown to the employee at the time he/she became a member of the bank. A doctor’s verification will also be required. In case a contributor’s incapacity is of such a nature that he/she cannot personally apply for the grant, his/her application may be submitted to the Committee by his/her immediate family member. Requests can be submitted before the employee runs out of accumulated leave.
The maximum number days that can be granted to any one member in each fiscal year will be twenty-five (25) working days available within the Sick Leave Bank.
Sick Leave Bank days shall be granted only for absences from working days and will not be granted for holidays, vacation days or other such days for which the member is not paid. Employees who withdraw Sick Leave Bank Days will not be required to pay back those days except as a regular contributing member to the bank.
An illness or injury does not qualify for coverage through the Sick Leave Bank unless it will require the employee to be absent for a minimum of five (5) consecutive working days.
Members must use all available sick leave, annual leave (if applicable), extended sick leave, or any other type of leave before receiving days from the Bank. A member who suffers a qualifying catastrophic illness, which extends at least five (5) consecutive days beyond the available leave, may apply for a grant from the Sick Leave Bank on the appropriate form.
If a Bank member is granted days from the Sick Leave Bank and does not use all of the days, the unused Sick Leave Bank will be returned to the bank.
The Sick Leave Bank may be used for the contributor’s or immediate family’s personal catastrophic illness. Immediate family is defined here as spouse, children, father, mother, or legal dependent under employee’s roof.
Leave from the Sick Leave Bank may not be used for a disability that qualifies the member for Workmen’s Compensation benefits or disability retirement.
A catastrophic illness may require intermittent usage of the bank. Each separate application for a grant from the Sick Leave Bank must include a new physician’s statement on the appropriate Sick Leave Bank Request for Days Form.
Normal pregnancy, with normal delivery, will not be covered under the Sick Leave Bank policy. Any absences associated with complicated pregnancies will only be eligible for Sick Leave Bank consideration according to the following guidelines:
Any days absent prior to the birth with a doctor’s note verifying the complicating condition and the need to be off work will be eligible for consideration.
Any days beyond six (6) weeks after the birth with a doctor’s note verifying the complicating condition and the need to be off work will be eligible for consideration.
Addictions or the abuse of drugs, alcohol or other prohibited substances will not be covered under the Sick Leave Bank policy.
All requests to draw upon the Sick Leave Bank must be made on a Sick Leave Bank Request for Days Form and submitted to the Personnel Department within thirty (30) calendar days of the date first eligible for a grant.
All requests to draw upon the Sick Leave Bank must be accompanied by the Physician’s Statement Form confirming the cause of the catastrophic illness or confinement and certifying the existence of a disability to perform assigned duties. The employee’s physician must personally sign the form. The Committee will not honor any physician’s statement unless it is on the official Physician’s Statement Form or if it is signed with a stamp or facsimile signature.
The Committee reserves the right to ask the applicant to undergo a medical review by a second opinion physician.
SICK LEAVE BANK COMMITTEE
The Director of Personnel, the Director of Finance, the Director of Transportation, the Supervisor of Nurses, and the School Food Services Supervisor shall serve on the Sick Leave Bank Committee. The chair of the Committee shall be the Personnel Director. The Committee will review and determine approval or denial for utilization of Sick Leave Bank days in accordance with the provisions of this policy.
A majority vote of the members of the Sick Leave Bank Committee is necessary to approve a member’s request. A decision on a member’s request may be made by a quorum of the Committee in the event that one or more members are not available to participate in the review. The Committee shall notify the employee of its decision to approve or to deny the request. The decision of the Sick Leave Bank Committee to approve or to deny requests shall be forwarded to the Superintendent for review and approval. The Superintendent’s decision shall be final and binding.
FORMS AND RECORD KEEPING
The Personnel Department shall maintain all records regarding operation of the Bank.
All Sick Leave Bank Membership Enrollment Forms, Sick Leave Bank Request for Days Forms, and Physician’s Statement Forms shall be kept up-to-date.
Copies of all completed forms shall be kept on file by the Personnel Department. Sick Leave Bank Membership Enrollment Form(s) shall be checked for full-time employee status and who have been employed for at least one-year within the district.
EXCLUSIONS AND LIMITATIONS
The Beauregard Parish School Board reserves the right to amend the Sick Leave Bank program at any time.
Sick Leave Bank Days withdrawn shall be granted within the school year or fiscal year.
Sick Leave Bank Days shall not be carried over from one school year to another or from one fiscal year to another. Sick Leave Bank days not used in any one fiscal year will be forfeited at the end of the fiscal year. The Sick Leave Bank shall start anew each successive fiscal year.
In no case will withdrawal of Sick Leave Bank Days cause a member to receive more than his/her annual salary.
New policy: September 13, 2012
Ref: La. Rev. Stat. Ann. §§17:81, 17:500.2, 17:1202, 17:1205, 17:1206.2
La. Civil Code, Art. 1541, Art. 1542, Art. 1833
Board minutes, 9-13-12
Beauregard Parish School Board