3.1.38 Sick Leave Bank Program

Policy

The Sick Leave Bank serves as a depository for eligible and participating employees to donate the equivalent of one sick leave day each fiscal year to a common sick leave bank. The purpose of this sick leave bank is to alleviate the hardship caused by a serious health condition that forces the employee to take time away from work on an approved leave. This sick leave bank may also be used for employees on an approved Parental Leave. 

Eligibility and Limitations

1. The sick leave bank may be used for an employee or a family member's (spouse, registered domestic partner, civil union, child, or parent) serious health condition as stipulated under the Family Medical Leave Act (FMLA). The illness or injury must require a health care provider's care as defined in the FMLA. The sick leave bank may only be used for a continuous leave, not intermittent leave. The sick leave bank may be used for employees on an approved Parental Leave. 
2. This sick leave bank is available only to those employees who have exhausted all accumulative or non-accumulative/non-accruing sick leave expected to be earned in the current benefit year as well as all Extended Sick Leave available under Policy 3.2.27 and who are not receiving SURS disability or temporary disability benefits under workers’ compensation.
3. Eligibility for participation in the sick leave bank for a fiscal year begins upon the employee’s original donation of one day of accrued sick leave to the bank. Participation will continue from year to year, unless the employee does not meet the eligibility requirements or waives election for the bank during the annual enrollment period.  For individuals on less than a 100% appointment, one day is determined on the basis of their appointment percentage. Employees who do not have accumulative sick leave, but are granted non-accumulative hours, will be eligible to donate one day of their non-accumulative sick leave balance. Benefits from the sick leave bank are only available in the fiscal year donated and are not available retroactively.
4. Eligibility for participation in the bank will discontinue upon termination of employment, death of the employee, or failure to donate the required one day of sick on a yearly basis as noted above.
5. Once benefits are donated, the benefit is forfeited and cannot be restored to the donating employee.
6. Use of benefits from the Sick Leave Bank is considered as time taken under the provisions of the Family and Medical Leave Act (FMLA) and thus any use is included in the twelve weeks of leave provided under this Act, if applicable.

Donations

Any employee who wishes to voluntarily donate one day of sick leave must donate that day to the bank during the annual enrollment period. Donations made during the annual enrollment period qualify the donor for the following fiscal year and each subsequent year provided the employee meets the eligibility requirements during the annual enrollment period.

1. An employee may only donate one day of sick leave each fiscal year. A donation can only be made during the annual enrollment period. For individuals on less than a 100% appointment, one day is determined on the basis of their appointment percentage.
2. The donating employee must retain a minimum of five (5) days of sick leave in their personal account or prorated for individuals on less than a 100% appointment after the donation is made. Once sick leave has been donated to the bank, it cannot be restored to the donating employee.
3. Donations will be taken first from the noncompensable sick leave balance (prior to 1/1/1984, then after 12/31/1997) then from the payable sick leave balance (0/1/1984 through 12/21/1997) if necessary and available.
4. No transfer of funds occurs, but the contributing employee's sick leave balance is reduced by the one day donated.
5. Employees may not designate a particular employee to receive their donated time.

Withdrawals

1. An employee must request use of the sick leave bank in writing to Human Resources Benefit Services. All requests should indicate the estimated number of sick leave days required and provide information related to any pending disability claims or indicate the need is based on an approved Parental Leave.
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, an estimated number of sick days needed, and a prognosis for recovery. Time taken as Parental Leave does not require a physician's statement. 
3. Requests for use of the sick leave bank must be made by the employee no later than five (5) working days after all other sick leave benefits required to be used under this policy have 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 Human Resources Benefit Services, 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 any one fiscal year. Any balance of days approved but not required for the illness or Parental Leave will remain the property of the sick leave bank.

Appeal Process

In the event a participant is denied benefits from the sick leave bank, the employee may appeal the decision to the Associate Vice President for Human Resources. A formal written letter of appeal should be submitted directly to the Associate Vice President for Human Resources within five (5) working days from the date of the denial. A formal response to such an appeal shall be issued within fifteen (15) days of receipt and is final and binding.

Ineligibility to use the sick leave bank because the employee has not donated sick leave is not cause for appeal.