Policy No. 5:01:01:07

CLEVELAND STATE COMMUNITY COLLEGE Cleveland, Tennessee

SUBJECT:  The Staff Sick Leave Bank

  1. Purpose:  The purpose of the Staff 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-061, and Cleveland State Guidance Letter P-060.
  2. Establishment:  The Staff 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 Staff Sick Leave Bank.
  3. Eligibility:  The first open enrollment period is 45 days and will be from October 16, 2000, to November 30, 2000.  After the initial enrollment period, annual enrollments will be held during the month of September of each subsequent year.
    Participation in the Bank is available to regular full-time and regular part-time non-faculty employees.  Those eligible to participate in the Bank will initially have the equivalent of three (3) days deducted from their accumulated sick leave and transferred to the Bank.
    When a Faculty Sick Leave Bank is established, employees previously enrolled in the Faculty Sick Leave Bank who are appointed to a non-faculty position with no break in service shall be eligible immediately for membership in the Staff Sick Leave Bank with no additional assessment and waiting period required.  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.
    Prior assessments will be transferred to the Staff Sick Leave Bank when the change in classification becomes effective.  Employees who are unable to meet additional assessments charged by the Staff Sick Leave Bank since its establishment shall lose the right to request bank sick leave, in accordance with Section E.G.  All records regarding prior bank sick leave usage will be made available to the Staff Sick Leave Bank trustees.
  4. Trustees:  Upon receiving the petition, the president appointed five trustees to administer the sick leave bank plan.  The trustees prepared a plan of operation subject to the approval of the president.
    1. The five trustees consist of three support staff and two administrative staff.
    2. Initial appointments are made as follows:  two trustees will serve for one year, two trustees for two years, and one trustee for three 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 Bank and approve or reject requests for withdrawal of leave from the Bank.  A bank member must first have his or her supervisor’s approval for sick leave before the request for bank leave can be submitted to the trustees.
    4. They will adopt reasonable rules for assessment of sick leave hours by participants in order to maintain an adequate reserve of sick leave hours for bank members.  The reserve is established through the assessment of bank membership and a positive balance is maintained at all times.  The assessment shall be based upon total membership and projects 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 action by the trustees requires three (3) affirmative votes for approval.
  5. Plan:  The plan of operation includes the following provisions:
    1. An employee must have been a member of the Bank for thirty (30) calendar days prior to applying for withdrawal of bank sick leave.  Additionally, a bank member must first have his or her supervisor’s approval for sick leave before the request for 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?
      Refusal to submit the physician’s statement will result in denial of the request for bank sick leave.
    2. A bank member’s sick leave and annual leave, if applicable, must be exhausted prior to receiving bank sick leave.
    3. Bank sick leave 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 leave for an eligible employee who has not already exhausted the 12-workweek entitlement.
    4. Initial grants of bank 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 bank sick leave will not exceed the hourly equivalent of forty-five (45) days in any fiscal year.  The maximum number of 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 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 leave 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 bank sick leave within ten (10) calendar days of receipt of the request.  The operation of the Staff 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 on non-faculty sick leave banks.
    11. All official forms and records pertaining to the 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 employees of the 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 Bank is 16 October 2000.
    14. All eligible employees who elect to join the bank will be assessed a number of sick leave hours equivalent to three (3) 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 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 three (3) 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 sick leave bank:
      1. Sick Leave Bank Enrollment Form
      2. Sick Leave Bank Request for Leave
      3. Sick Leave Bank Notice of Assessment
  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 sick leave bank will be dissolved if Cleveland State is closed or if the 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-061


                                                                        Attachment 1


STAFF SICK LEAVE BANK ENROLLMENT FORM

CLEVELAND STATE COMMUNITY COLLEGE


NAME_______________________________________________ SSN____________________

TITLE________________________________________________________________________

        (    )  REGULAR FULL-TIME EMPLOYEE

        (    )  REGULAR PART-TIME EMPLOYEE

Copies of the sick leave bank plan and regulations for non-faculty leave banks have been made available to me.  I am aware of the contents and that any assessments made of my accrued sick leave by the trustees of the bank shall be nonrefundable and nontransferable.  I understand my initial assessment shall be 3 days as stated in the Staff Sick Leave Bank plan.





                                                        ____________________________________
                                                        Signature


                                                        ____________________________________
                                                        Date





                                                                        Attachment 2


STAFF SICK LEAVE BANK REQUEST

Member Names:  _______________________________________________________________

Department:  ___________________________________________________________________

No. of Hours Requested                       Effective Dates of Leave
                                                From                   To
        _______                               _____________________

Reason for Request:  ____________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________

__________________________________                   _____________________________
Member Signature                                             Date

__________________________________                   _____________________________
Supervisor                                                     Date


To be completed by Human Resources Office:

Accrued Sick Leave Hrs. *_____                       Accrued Annual Leave hrs. *_____
Physician Statement Received _____

Human Resources Officers:__________________________________________
                                                Signature                      

                                                __________________________________________
                                                Date

*Must be equal to zero, as of effective date bank leave would begin.


Trustees’ Action

Approved:      ________________________________             ________________________
                Chairperson Signature                                   Date

Disapproved:  ________________________________             ________________________
                Chairperson Signature                                   Date
                                                                        Attachment 3

STAFF SICK LEAVE BANK
NOTICE OF ASSESSMENT

As a member of the Cleveland State Community College Staff Sick Leave Bank, you are hereby notified of an assessment of _____________ hours from your accrued personal sick leave balance effective ________________.  This assessment is made in accordance with the statutory provisions and institutional regulations governing the sick leave bank and is based upon projected potential need of the bank’s membership.  Once authorized by you, this assessment of hours is nonrefundable and nontransferable.




                                                        ____________________________________
                                                        Trustee Chairperson
                                                       
                                                        ____________________________________
                                                        Date



Member Authorization:               ____________________________________
                                                        Signature

                                                        ____________________________________
                                                        Date


ONCE AUTHORIZED BY MEMBER, THIS NOTICE OF ASSESSMENT MUST BE FORWARDED TO THE HUMAN RESOURCES OFFICE IMMEDIATELY.