Procedures to Request and Receive Catastrophic Leave. Unit members may apply to receive sick leave days from the Bank for a catastrophic illness or injury if all of the following requirements are met: The unit member is an active member of the Bank for the current school year and has met the donation requirements in 26.17.1 and 26.17.2 above; and The unit member submits a written request to the Bank’s Joint Committee to withdraw sick leave credits from the Bank. The unit member must provide written verification from a medical doctor of the unit member’s inability to perform the essential functions of their job. If a unit member is incapacitated, applications may be submitted to the Joint Committee by the unit member’s agent or family; and The Joint Committee determines that the unit member is unable to work due to the unit member’s catastrophic illness or injury; and The unit member has exhausted all of his or her earned and accrued sick leave days available; and The unit member’s catastrophic illness or injury is not one that qualifies the unit member for workers’ compensation benefits. If the unit member has exhausted all workers’ compensation benefits and sick leave, the unit member may apply to withdraw from the Bank. However, if any workers’ compensation checks for temporary benefits are received by the unit member after withdrawing from the Bank, the unit member must sign such checks over to the District and the District shall reimburse the Bank with the amounts of days equivalent to the amount of the check. Unit members may obtain a maximum of thirty (30) days of sick leave credits from the Bank per catastrophic illness or injury or the unit member’s remaining duty days for that school year if the duty days are less than 30. Days withdrawn from the Bank shall be at the unit member’s full salary and benefits. All transfer of sick leave credit shall be in the receiving unit member’s work day increments (ie. 1FTE, .8FTE, .5FTE, etc.). Unit members who have exhausted sick leave but still have differential leave available are eligible for a withdrawal from the Catastrophic Leave Bank. Receipt of days from the Catastrophic Leave Bank shall not affect differential leave. If the Bank does not have sufficient days to fund a sick leave credit request, the Joint Committee, Association, nor District is under no obligation to pay the sick leave credits to unit members who are otherwise eligible. When the Joint Committee approves or denies a withdrawal request, the Association President shall communicate the decision confidentially and in writing to the unit member and the District’s administrator of Human Resources. Decisions of the Joint Committee should be made within ten (10) days of receipt of the withdrawal request. In accordance with Education Code 44978.1, employees who exhaust all forms of paid and differential leave, will be placed on the 39 month reemployment list. Employees will remain District employees until such time that they are able to perform the duties of the position, or the 39 month expires.
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