3420.01 - SICK LEAVE BANK
Section 11. Sick Leave Bank. A voluntary sick leave bank shall be established whereby a certificated school employee, as defined herein in Article I, who is absent from assigned duties due to personal illness and who has utilized all compensatory days, and all other paid leave benefits, as established herein, for sick leave days from the bank under the following conditions:
Sick Leave Bank Enrollment: The number of accumulated days in the bank shall not exceed two hundred sixty (260) days, provided; however, that 1) a veteran teacher who is not a current member of the bank may become a member by contributing two (2) sick leave days to the bank not earlier than August 2nd nor later than September 10th of any school year, and 2) a teacher who is newly hired in the school corporation shall have thirty (30) days from the date of initial duty assignment, during which time such teacher may choose to participate in the bank by contributing two (2) sick leave days, even though such contribution by newly hired teacher would cause an accumulation of days in excess of the maximum specified herein.
Sick Leave Bank Accumulation: In the event that the number of accumulated days in the bank at the beginning of a school year is of sufficient number that a contribution of one (1) sick leave day by all teachers who are current members of the bank would cause the maximum number of days specified herein above in Paragraph one (1) to be exceeded, the current year's contribution by all such current members shall be suspended, except that in case the bank is depleted during the school year, the current year's contribution shall be assessed at the time of such depletion. Donated compensatory leave days shall be used to maintain the sick bank and are non-refundable. Any days left in the bank at the expiration of this Agreement shall be carried over for use during the next school year.
Sick Leave Bank Qualifications: Said employee may be granted days from the bank, if teacher has contributed sick days as described as above, under the following conditions:
The teacher must have utilized and exhausted all paid leave benefits of whatever nature, including said teacher's own accumulated compensatory leave days.
This voluntary Sick Leave Bank permits a teacher who is absent from assigned duties due to catastrophic personal illness, unforeseen surgery or debilitating injury of the said teacher and/or said teacher’s immediate family member.
Written certification will be provided from said teacher's physician substantiating the illness and certifying that the absence will continue during a period of at least ten (10) consecutive days following the utilization and exhaustion of all said paid leave benefits as provided herein.
Written application must be made no later than ten (10) days after exhaustion of said paid leave benefits.
In case of incapacitation, requests for Sick Leave Bank may be submitted by the agent of or a member of the teacher's immediate family.
Sick Leave Bank Committee: A four (4) member sick leave bank committee shall be established to receive written requests/applications and allot days from the bank according to the provisions herein under guidelines established by the committee. The committee shall be composed of three (3) teachers who are members of the Sick Leave Bank and appointed by the Association President and one (1) person composed of the Superintendent of NHJUSC or designee. The committee has the authority to call meetings, review applications for membership in the Bank, grant, deny or suspend grants of leave from the Bank. The committee is charged with the responsibility of developing forms, procedures, rules and regulations as to the operation of the Sick Leave Bank. The committee shall maintain appropriate records of all Sick Leave Bank requests, determinations, and dates. The granting or denial of days from the Sick Leave Bank is specifically excluded from the grievance procedure in local board policy.
The committee shall elect one (1) of their members to serve as chairperson for the duration of the Agreement. The committee shall meet during the contract year as required. Special meetings may be called by the chairperson at the request of committee members. A majority (defined as three members) of committee members shall be required for any official action of the committee.Sick Leave Bank Application Procedures: Application for use of Sick Leave Bank days shall be made in writing to the Superintendent of Schools. After the Sick Leave Bank member has used up his/her compensatory days and that member has been absent for ten (10) consecutive days due to his/her illness/injury, that member may apply to borrow sick leave days.
The committee will convene a meeting to consider the request within ten (10) working days from the time the request is received in the Superintendent's office. Upon approval by the committee of the application to borrow sick leave days, the use of the borrowed sick leave days shall be retroactive to the first day of the borrower's continuous absence. The application to borrow sick leave days shall be accompanied by a statement from the attending physician describing the nature of the disability, treatment being rendered, and prognosis for a return to work. A maximum of thirty (30) Bank days may be borrowed by a teacher during a contract year. Each borrower of Sick Leave Bank days shall consent to submit to medical examination at his/her expense and/or review of his/her medical history if a medical exam or medical review is deemed necessary by the committee.
The Sick Leave Bank committee shall maintain the right to modify or change a determination in the event additional information becomes known or available to it. The requesting Teacher shall be notified in writing at the earliest possible time of a modification or change of a determination.
The decision by the Sick Leave Bank committee shall be, for all purposes, final.
The Sick Leave Bank will be confined to the school year and will not be available to summer school teachers.Sick Leave Bank Repayment: Upon return to work, the borrower shall repay the Bank at the rate of five (5) days per year for days owed (i.e. computed as the number of days borrowed minus number of days the borrower contributed). These repayment days shall be automatically deducted at the time of the year’s annual leave days are credited to the teacher. Should a Sick Leave Bank member retire, resign, or leave the employment of the school corporation for other reasons before repaying the Bank, the debt shall be waived.