Policy No. 5:01:01:06

CLEVELAND STATE COMMUNITY COLLEGE Cleveland, Tennessee

SUBJECT:  The Faculty Sick Leave Bank

  1. Purpose: The purpose of the Faculty Sick Leave Bank is to provide additional sick leave to members who have suffered a serious illness or injury and who have exhausted all their personal sick leave and annual leave, if applicable, in accordance with TBR Policy No. 05:01:01:07, TBR Guideline No. P-060 and Cleveland State Guidance Letter P-060.
  2. Establishment: The Faculty Sick Leave Bank was established when a group of employees who were eligible and who agreed to be assessed a specified number of accrued sick leave hours to a common pool petitioned the College president who began the establishment of the Faculty Sick Leave Bank.
  3. Eligibility: The first open enrollment period is 45 days and will be from October 15, 2006 to November 30, 2006.  After the initial enrollment period, annual enrollments will be held from October 15 to November 15 of each subsequent year.
    Participation in the Bank is available to regular full-time employees who hold faculty rank. Those eligible to participate in the Faculty Sick Leave Bank will initially have the equivalent of two (2) days (15 hours) deducted from their accumulated sick leave and transferred to the Faculty Sick Leave Bank.
    When a Faculty Sick Leave Bank is established, employees previously enrolled in the non-Faculty Sick Leave Bank who are appointed to a faculty positions with no break in service shall be eligible immediately for membership in the Faculty Sick Leave Bank with no additional assessment and waiting period required. Prior assessments will be transferred to the Faculty Sick Leave Bank when the change in classification becomes effective. Employees who are unable to meet additional assessments charged by the Faculty Sick Leave Bank since its establishment, shall lose the right to request back sick leave, in accordance with Section V.A.7. TBR Guideline P-060.
    In addition, members who are terminated and rehired with a break in service shall also be entitled to transfer membership in accordance with the provisions for accruing leave and longevity credit.  A faculty member who transfers with no break in service from another TBR, University of Tennessee institution or state agency and participated in the previous employer’s sick leave bank is immediately eligible for membership in accordance with the receiving institution’s sick leave bank by-laws.  If membership is requested at the time of the transfer, the faculty member shall designate the required minimum assessment.
    ​All records regarding prior usage of bank sick leave will be made available to the Faculty Sick Leave Bank trustees.
  4. Trustees: Upon receiving the petition, the President should appoint five trustees to administer the Faculty Sick Leave Bank Plan. The trustees should prepare a plan of operation subject to the approval of the president.
    1. The five trustees consist of three faculty who devote the majority of their time to classroom instruction. The remaining trustees shall be two administrative staff.
    2. Initially, appointments are made as follows: two trustees will serve for one (1) year, two trustees for two (2) years, and one (1) trustee for three (3) years. Current trustees are eligible for reappointment. Any vacancy resulting from expiration of a term, discontinuation of employment, retirement, death, resignation, or removal by the President of a trustee from the trustee role will be filled immediately by appointment by the President. The trustees will elect a chairperson. Upon expiration of the chairperson's term, as trustee, an election will be held to elect a new chairperson. A chairperson may be reelected.
    3. The trustees administer the Faculty Sick Leave Bank and approve or reject requests for withdrawal of leave from the Faculty Sick Leave Bank. A Faculty Sick Leave Bank member must first have his or her supervisor's approval for sick leave before the request for Faculty Sick Leave Bank leave can be submitted to the trustees.
    4. The trustees will adopt reasonable rules for assessment of sick leave hours by participants in order to maintain an adequate reserve of sick leave hours for Faculty Sick Leave Bank members. The reserve is established through the assessment of Faculty Sick Leave Bank membership and a positive balance is maintained at all times. The assessment shall be based upon total membership and projected potential need. All members shall be assessed the same number of sick leave days. The trustees shall have sole discretion in determining how many assessments are necessary to maintain the reserve's positive balance.
    5. All actions by the trustees require three (3) affirmative votes for approval.
  5. Faculty Leave Bank Plan: The plan of operation includes the following provisions:
    1. An employee must have been a member of the Faculty Sick Leave Bank for thirty (30) calendar days prior to applying for withdrawal of bank sick leave. Additionally, a Faculty Sick Leave Bank member must first have his or her supervisor's approval for sick leave before the request for Faculty Sick Leave Bank leave can be submitted to the trustees. A physician's statement must accompany the request and must include the following information:
      1. Nature and cause of the disability
      2. The expected duration
      3. When first treated: is this a reoccurring disability?
      4. Is this elective surgery?
      Refusal to submit the physician's statement will result in denial of the request for Faculty Sick Bank Leave.
    2. A Faculty Sick Leave Bank member's sick leave, if applicable, must be exhausted prior to receiving bank sick leave.
    3. The Faculty Sick Leave Bank will not be used for:
      1. Elective surgery
      2. Board of Claims benefits, e.g. workers' compensation
      3. Illness or death of any member of the individual's family
      4. A period during when the individual is receiving disability benefits from social security or a state-sponsored retirement or disability plan.
      Approved bank sick leave will run concurrently with FMLA (Family Medical Leave Act) leave for an eligible employee who has not already exhausted the 12-workweek entitlement.
    4. Initial grants of bank faculty sick leave to individual bank members will not exceed the hourly equivalent of twenty (20) consecutive days. Applicants may submit requests for extension of such leave grants before or after their prior grants expire. Total grants of faculty bank sick leave will not exceed the hourly equivalent of forty-five (45) days in any fiscal year. The maximum number of faculty bank sick leave hours a member may receive for any one illness, recurring diagnosed illness, or accident is the hourly equivalent of sixty (60) days.
      ​A bank member may be eligible to receive sick leave, which has been donated by other employees if he/she has made application for bank sick leave. Should bank leave be denied, the faculty bank member shall be eligible to receive donations from other employees. (See TBR Policy No. 5:01:01:15, Transfer of Sick Leave Between Employees).
    5. When a bank member is physically or mentally unable to apply for bank sick leave, the immediate next-of-kin may make a request for bank sick leave on his or her behalf. If there is no next-of-kin available, this request may be made by the legally appointed guardian or conservator or an individual acting under valid power of attorney.
    6. Grants of bank sick leave will not be contingent upon repayment of hours used or waiver of other employment benefits or rights.
    7. A bank member will lose the right to request bank sick leave upon:
      1. Termination of employment
      2. Retirement
      3. Cancellation of bank membership
      4. Refusal to submit a physician's statement
      5. Refusal or inability to honor the trustee's assessment*
      6. Going on a leave of absence (in a non-pay status) for reasons other than illness, injury or disability.
      * A bank member's inability to honor the trustee's assessment will result in temporary loss of the right to withdraw bank sick leave. This right will be restored upon transfer of the individual's personal sick leave assessment to the sick leave bank.  The bank member must honor the assessment once the member’s sick leave balance reaches assessment level but not later than one year from assessment date.
    8. A bank member may cancel his or her membership at any time during the year upon written notification to the trustees. Assessed sick leave is non-refundable upon cancellation of membership and non-transferable upon transfer to another TBR institution or technology center, UT or state agency.
    9. Employees who are granted bank sick leave will continue to accrue sick and annual leave (if applicable), and service credit for retirement and longevity purposes, during the time they are on bank sick leave. Also, they will receive credit for any holidays that may occur during the bank sick leave period.
    10. The trustees will approve or reject all requests for Faculty Bank Sick Leave within ten (10) calendar days of receipt of the request. The operation of the Faculty Sick Leave Bank will exist separately from the regular sick leave accrued to individuals' personal accounts with respect to approvals and appeals. The decisions of the trustees will not be appealable beyond the trustees in compliance with TBR guidelines.
    11. All records and official forms pertaining to the Faculty Sick Leave Bank and formal minutes of the trustee's meeting will be maintained in the Human Resources office. All records will be subject to audit by appropriate state officials.
    12. The initial enrollment period will begin with notification to faculty of the Faculty Sick Leave Bank's establishment. This enrollment period will last forty-five (45) calendar days. Subsequent annual enrollment periods will be held during the month of September.  Enrollment forms and guidelines will be made available to eligible employees.
    13. The effective date of the Faculty Sick Leave Bank is December 22, 2006.
    14. All eligible faculty who elect to join the Faculty Sick Leave Bank will be assessed a number of sick leave hours equivalent to two (2) days as the initial enrollment assessment in accordance with their employment classification. All members will be assessed the same number of sick leave days. The assessment of sick leave will be deducted from the individual's personal accumulated sick leave.
    15. The Faculty Sick Leave Bank Trustees reserve the right to reassess the membership if the Bank falls below 300 hours. The amount of subsequent assessments will depend upon the balance in the Bank's reserves and the number of members. However, a maximum of two (2) days will be assessed for any one assessment.
    16. Upon cancellation of membership, former members must meet the initial assessment in order to rejoin the bank and may rejoin only during the annual enrollment periods.
    17. The following official forms will be used to operate the Faculty Sick Leave Bank:
      1. Faculty Sick Leave Bank Enrollment Form
      2. Faculty Sick Leave Bank Request for Leave
      3. Faculty Sick Leave Bank Notice of Assessment
      4. Physician’s Statement Form
  6. Amendments: Amendments to these guidelines may be made by an affirmative vote of three trustees and approval by the President.
  7. Dissolution of the Bank: The Faculty Sick Leave Bank will be dissolved if Cleveland State is closed or if the Faculty Sick Leave Bank membership falls below twenty (20) individuals at anytime. Upon dissolution for insufficient membership, the total hours on deposit will be returned to participating members at the time of the dissolution and credited to their personal sick leave accumulation in proportion to the number of hours each has been assessed individually.

Source: TBR Policy No. 05:01:01:07 and TBR Guideline No. P-060

Revised: December 17, 2013