Purpose

The purpose of the sick leave bank is to furnish a continuing income for staff members who are faced with a serious health condition as defined in FMLA involving themselves or an immediate family member and have utilized all of their sick leave days.

Eligibility and Use of Leave

Family and Medical Leave Act (FMLA) certification and notification requirements apply to the use of the sick leave bank.

To be eligible, an employee must have used all sick, vacation and personal leave, been off work for three (3) consecutive work days without pay and submitted a written request for withdrawal of days from the bank accompanied by the appropriate medical certification. The written request to withdraw days must be submitted to the district bookeeper. Employees can request up to 57 days per fiscal year. The request must specify how many days the employee wants to withdraw and be accompanied by a physician's statement that the employee or immediate family member (as defined later in this section) has a serious health condition as defined by the FMLA. The physician must also verify the need for the number of days requested.

For the purpose of this policy, "immediate family" is defined as: the spouse, dependent and nondependent children, parents of the employee or the employee's spouse and individuals who are under the legal guardianship of the employee.

Employees may draw from the bank any number of times during the year for multiple health conditions or the same health condition as long as they do not draw more than 57 days in any one (1) fiscal year.

A separate written request and physician's statement must be submitted each time days are requested regardless of whether the employee has previously drawn from the bank during that year.

Any employee using days from the bank will be required to repay those days at a minimum rate of five (5) days per year until all days have been repaid. Employees will not be allowed to borrow days in subsequent fiscal years until previously borrowed days have been repaid. If an employee retires, leaves the district or is terminated before all days are repaid, the balance owed will be deducted from the last paycheck(s).

Termination

The Board may terminate the sick leave bank benefit at any time. If the sick leave bank is terminated, no further requests for days will be permitted, although staff members will continue to draw days previously authorized. Payback of days will still be required.