Catastrophic Leave Bank The City agrees to establish a Catastrophic Leave Bank to assist employees who have exhausted accrued leave time due to a serious or catastrophic illness or injury. The Catastrophic Leave Bank (CLB) will allow the bargaining unit employees to donate time to affected employees within and outside the unit, so that he/she can remain in a paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury or condition. This donated time will be placed in a CLB and drawn down from the CLB by the eligible employee. Eligibility To be eligible for this benefit, the receiving employee must: 1) Be a regular full time employee, 2) Have sustained or have an immediate family member who has sustained a life threatening or debilitating illness, injury or condition which may require confirmation by a physician, 3) Have exhausted all accumulated paid leave including vacation, holiday, sick leave, and/or compensatory time off, 4) Be unable to return to work for at least 30 days or in the case of the condition affecting the immediate family member, that member must be in need of prolonged and significant personal care; and 5) Conformed with the requirements of the Family Medical Leave Act and/or Worker's Compensation.
Catastrophic Leave The County will administer a Catastrophic Leave procedure designed to permit individual donations of annual leave, vacation, healthcare leave (8 hours maximum per fiscal year), compensatory and/or PIP leave time to an employee who is required to be on an extended unpaid leave due to a catastrophic medical condition or other serious circumstances.
Sick Leave Bank The school corporation agrees to, and hereby establishes a voluntary sick leave bank to which certificated persons may contribute unused sick leave days, and from which a contributing individual may draw sick leave days when the individual’s annual and accumulated sick leave days are exhausted, in accordance with the following provisions. Please see the definitions of sick leave under Article IV.
1. The sick leave bank shall apply to all persons employed by the school corporation whose employment requires the holding of a license issued by the Indiana Department of Education, whether or not any such person is a member of the bargaining unit to which this contract applies.
2. A “contributing individual” is one who, within the first thirty (30) days of the contract year, signs a contribution form. Such contribution form shall require the assigning of one (1) day of sick leave to the sick leave bank and an individual may contribute up to five (5) total days if so motivated during any enrollment period.
3. A person shall cease to be a contributing individual upon the failure of such individual to sign such contribution form and such individual shall thereafter not be entitled to draw any sick leave days from the sick leave bank until becoming a contributing member the following year.
4. Present and new faculty members who wish to become “contributing individuals” may do so by following the procedure in paragraph two (2). Staff who hire in after the annual enrollment period closes can still enroll under equivalent timelines as original enrollment period.
5. Use of the sick leave bank shall be subject to the following limitations:
a. Sick bank leave shall be used on a teacher’s first day receiving no pay as long as the teacher has exhausted all accumulated sick days, as well as all annual sick and personal days. Days may need to be allotted retroactively to allow time for the sick bank committee to meet and review the request. In the event a teacher on sick bank leave returns to work and then finds it necessary on advice of a doctor to take additional leave for the same disability, no additional days shall be deducted subject to the approve of the Sick Bank Review Committee.
b. In the even a teacher is disabled as a result of illness or injury of a different nature during the same school year, any additional sick leave bank time granted is subject to approval of the Sick Bank Review Committee.
c. Sick bank leave shall be used for the purposes permitted by the Federal Medical Leave Act (FMLA) and must be supported by a written request by the contributing individual and the appropriate FMLA certification specifying the nature of the illness and prognosis report for the teacher’s return to work.
d. Days taken from the sick leave bank shall apply only to those days on which a teacher would receive pay if the teacher were not under disability.
e. All contractual leave days shall be waived while drawing pay from the sick leave bank so that a teacher in no case will be drawing double pay for any day.
f. This sick leave bank section shall not operate in any manner such that any teacher receiving workers compensation benefits receives more than such teacher’s regular pay.
g. Paid holidays, if any, shall not be charged against the sick leave bank, but shall be compensated for under the terms of the teacher’s contract.
h. Sick leave bank days shall not be used during summer school employment, nor shall such days be used at any other times except the regular school year.
i. Leave from the sick leave bank may not be used for maternity or childbirth leave, but may be used for any physical disability arising out of a pregnancy.
j. Teachers who, as of the beginning of the school year in which sick leave bank benefits are requested and used, have accumulated the following number of sick leave days under the sick leave section of this contract, shall be eligible to draw up to a maximum number of days from the sick leave bank in any single year as follows:
(1) 0-10: Up to 60 days (2) 11-40: Up to 90 days (3) 41 or over: Up to 120 days k. Teachers may be awarded fewer than maximum days (listed in Section j) at the discretion of the Sick Bank Review Committee.
6. Should the sick leave bank fall to a thirty (30) day balance during a school year, an additional contribution will be requested and will count toward the subsequent enrollment period.
7. A Sick Bank Review Committee shall be formed and shall be comprised of three (3) members appointed by the exclusive representative and one (1) individual appointed by the Superintendent. The committee shall consider and review all requests for use of sick bank days to ensure that all applications submitted, and any grants made, are in accordance with the provisions of this contract.
8. The school district shall notify certificated employees of the enrollment period for the sick bank, including required contribution forms and appropriate deadlines, within the first five (5) school days of each school year.
9. If there are seven hundred and fifty (750) days in the bank at the time of open enrollment, no contribution will be necessary unless it falls below the previously described number of thirty (30) days.
Sick Leave Abuse When the Employer suspects sick leave abuse, the employee will be provided the opportunity to explain the circumstances surrounding their sick leave use prior to disciplining the employee, or making reference to sick leave use in the employee’s performance evaluation. The Employer may not adopt or enforce any policy that counts the use of paid sick leave time as an absence that may lead to or result in disciplinary action for an authorized purpose. The Employer may not discriminate or retaliate against an employee for the use of paid sick leave for an authorized purpose.
Catastrophic Leave Program Leave credits, as defined below, may be transferred from one (1) or more employees to another employee, on an hour-for-hour basis, in accordance with departmental policies upon the request of both the receiving employee and the transferring employee and upon approval of the employee's appointing authority, under the following conditions:
A. The receiving employee is required to be absent from work due to injury or the prolonged illness of the employee, employee's spouse, registered domestic partner, a domestic partner listed on an “Affidavit for Enrollment of Domestic Partners,” submitted to employee benefits, parent or child, has exhausted all earned leave credits, including but not limited to sick leave, compensatory time, holiday credits and disability leave and is therefore facing financial hardship.
B. The transfers must be for a minimum of four (4) hours and in whole hour increments thereafter.
C. Transfers shall be allowed to cross-departmental lines in accordance with the policies of the receiving department.
D. The total maximum leave credits received by an employee shall normally not exceed five hundred twenty (520) hours; however, if approved by his/her appointing authority, the total leave credits may be up to one thousand forty (1,040) hours. Total leave credits in excess of one thousand forty (1,040) hours will be considered on a case-by-case basis by the appointing authority subject to the approval of the Chief Administrative Officer.
E. The transfers are irrevocable, and will be indistinguishable from other leave credits belonging to the receiving employee. Transfers will be subject to all taxes required by law.
F. Leave credits that may be transferred under this program are defined as the transferring employee’s vacation credits or up to twenty-four (24) hours of sick leave per fiscal year.
G. Transfers shall be administered according to the rules and regulations of the Auditor and Controller, and made on a form prescribed by the Auditor and Controller. Approvals of the receiving and donating employee, the donating employee's appointing authority and the receiving employee's appointing authority (in the case of an interdepartmental transfer) will be provided for on such form.
H. This program is not subject to the Grievance Procedure of this Agreement.
Sick Leave Bank Committee The committee shall consist of two members of the administration, appointed by the Superintendent, and two members of the bargaining unit, appointed by the President of the Association. The President of the Association will act as chairperson of this committee and will have no voting power except in the event of a tie vote by the committee.
Paid Sick Leave For those jurisdictions that have passed or will pass legislation requiring Paid Sick Leave, Paid Sick Time will be billed back to Client at the straight-time bill rate for all hours taken by any Consultant assigned to Client. This section is not applicable until the effective date of such legislation has been reached.
BEREAVEMENT/TANGIHANGA LEAVE 18.1 The employer shall approve special bereavement leave on pay for an employee to discharge any obligation and/or to pay respects to a deceased person with whom the employee has had a close association. Such obligations may exist because of blood or family ties or because of particular cultural requirements such as attendance at all or part of a tangihanga (or its equivalent). The length of time off shall be at the discretion of the employer.
18.2 If a bereavement occurs while an employee is absent on annual leave, sick leave on pay, or other special leave on pay, such leave may be interrupted and bereavement leave granted in terms of 18.1 above. This provision will not apply if the employee is on leave without pay.
18.3 In granting time off and for how long, the employer must administer these provisions in a culturally sensitive manner.
Sick Leave Donation 10.3.1 A worker may donate days of sick leave to individual District workers who, due to a serious health condition, have exhausted all accumulated sick leave. Donating workers must retain a sixty (60) day balance of sick leave after their donation. No worker may receive more than 40 days of donated leave per year.
10.3.1.1 A “serious health condition” is defined as an illness, injury, impairment or physical or mental condition which involves inpatient care in a hospital, hospice, or residential health care facility, or continuing treatment or continuing supervision by a health care provider as defined in 29 USC 825.114(a) and as certified by a worker’s physician or other qualified medical practitioner.
10.3.1.2 The Vice Chancellor of Human Resources and the Chief Stewards by mutual agreement will verify the certification for eligibility. If the certification from the worker’s physician is insufficient, a certification by a physician of the District’s choosing may be required, at District expense. The District may require additional medical opinions.
10.3.2 Donated leave must be in one-day increments (no less than 8 hours). Recipients of donated sick leave shall be solely responsible for any state and federal taxes on the donated time. Such taxes shall be withheld at the normal rate for the recipient worker. In the event that the state or federal governments rule that tax liability is due other than as taxed, the recipient shall be solely liable for such liabilities.
10.3.2.1 The donated sick leave may be used only when the worker has exhausted accumulated sick leave and either is not eligible for long- term disability or is eligible but has not begun to receive the long-term coverage.
10.3.2.2 The Vice Chancellor of Human Resources shall be notified of solicitation of donations. Solicitations of donations may be made by the individual or his/her representative(s).
10.3.2.3 Donation of sick leave shall be authorized by a signed pledge form prepared by and filed with the District Office of Human Resources. In the event several workers donate sick leave, the sick leave shall be used in the order in which the signed pledge forms are filed with Human Resources.
10.3.2.4 If the worker does not use all donated sick leave, the sick leave shall be returned to the donating worker(s).
Sickness Where an employee is absent from work due to sickness or injury the provisions of this clause will apply, depending on whether the absence is due to sickness, or work-related injury, or non-work related injury.
