The Board of Education has established a leave sharing bank for the purpose of permitting District employees to voluntarily transfer some of their sick leave to a common fund for the purpose of benefiting other employees who may be stricken with an extraordinary or severe illness or accident and who may need additional sick leave due to such illness or accident. Participation in the leave sharing bank must comply with 70 O.S. §6-104.6.
Definitions:
“Immediate family” shall be defined as spouse, children, parents, siblings, grandparents, grandchildren, spouse’s parents, spouse’s grandparents, brother-or sister-in-law and spouses of immediate family. “Severe” or “extraordinary” means serious, extreme or life threating, including temporary disability resulting from pregnancy, miscarriage, childbirth, and recovery there from as determined by the Board of Education. “Member” means as eligible District employee who has elected to participate in the leave sharing bank. In order for an employee to participate in the shared leave program, the employee must:
- Meet the criteria described in this provision; and
- Have abided by the District policies regarding the use of sick leave
An employee may request sick leave from the leave sharing bank only pursuant to the following conditions:
- The receiving employee or member of the immediate family of the employee as defined above must have a severe or extraordinary illness, injury, impairment, or physical or mental condition which would result in an extended loss of time. Included within the definition of a severe or extraordinary condition is any temporary disability resulting from pregnancy, miscarriage, childbirth and recovery there from.
- The condition must have caused, or is likely to cause, the employee to take leave without pay or to terminate employment.
- Donated sick leave will not be available until all sick leave, extended sick leave, personal leave and vacation leave that are available to the requesting employee is exhausted.
Prior to approving the use of days from the leave sharing bank, the Director of Human Resources shall require the requesting employee to provide a medical certificate from a licensed physician or health care practitioner verifying the severe or extraordinary nature and expected duration of the condition.
When using the days from the leave sharing bank, the receiving employee shall be paid the regular rate of pay normally paid to the receiving employee. Leave sharing bank usage records will be maintained separately from regular sick leave records.
Leave sharing bank days may be used only by the recipient for the purposes specified in this policy and may not be used it the employee has been notified of a pending reduction in force or employment termination affecting the employee. Participation in the leave sharing bank is strictly voluntary. No employee shall be coerced, threatened, intimidated, or financially induced into donating sick leave for the purpose of this policy.
The details of the provision are as follows:
- 1. Employee participation shall be on a voluntary basis.
- The Superintendent, or designee, will administer the sick leave bank following the procedure outlined in the guidelines.
- The Sick Leave Bank Committee composed of a Professional Rights and Responsibilities Committee member, a Stillwater Educational Support Professional Association member, and a Stillwater Administrator will be established to serve in an advisory capacity to the Superintendent with regard to the sick leave bank use.
- The opportunity to join the bank shall be available to new employees within the employee’s first thirty (30) days of employment each school year. Continuing employees may join within the first 30 days of the student calendar each year. Each employee who chooses to join the bank will be assessed two (2) days of sick leave upon initial enrollment. All support personnel who are employed four (4) hours per day or more are eligible to participate. All certified employees and all employees not otherwise covered by a negotiated agreement are eligible to participate. After the initial investment of days, members of the bank will only be requested to contribute additional days when the total days in the bank falls below four hundred fifty (450). Such a request will be made of members on the first student day of the following school year.
- An employee who withdraws from membership in the sick leave bank cannot withdraw their contributed days.
- Only employees participating in the sick leave bank may withdraw days and then only after their own sick leave and personal leave have been exhausted.
- An eligible member who wishes to use the sick leave bank must apply directly to the Director of the Human Resources in writing concerning the illness, disability, or injury requiring the absence. Complications of pregnancy and/or childbirth recovery requests are applicable only to the employee. The member must provide a doctor’s written verification with the request in order to have access to the sick leave bank. In the event of an unforeseen illness or injury occurs, it is expected that the employee or designee will apply within a timely manner.
- The number of days available in the sick leave bank to any individual member will be ten (10) days during their first year of employment and increased ten (10) days each year until a maximum of sixty (60) days are attained during the sixth year of employment.
- After a member has used twenty (20) days from the sick leave bank, the member must provide the Director of Human Resources another statement from the doctor further verifying the illness, disability, or injury. This will repeat after forty (40) sick leave bank days have been used. There will be a lifetime maximum of sixty (60) days available for use.
- Any new illness, disability, or injury or recurrence of an earlier illness, disability, or injury during the same school year, after a member has resumed work duties for at least one (1) week, will require reapplication to the Director of the Human Resources. The Sick Leave Bank Committee retains the authority to wave this provision.
- Members who use the sick leave bank will be required to pay back the days used at a rate of three (3) days per year until all the days used are paid back to the sick leave bank. A member may voluntarily pay back more than three (3) days per year. Upon retirement or other termination of employment, a member who owes days to the sick leave bank will be required to apply accumulated leave days to pay off or partially pay off the number of days owed to the sick leave bank. A member who leaves the school district and owes days to the sick leave bank and who is rehired at a later time must resume repayment of days to the sick leave bank. If a member leaves the District and has no days available to pay back, then the member will pay the District three (3) days’ salary. This may be waived by the Superintendent if medical circumstances warrant.
- The Director of the Human Resources, in consultation with the Sick Leave Bank Committee, is authorized to develop necessary forms and record-keeping systems to administer the sick leave bank provision.
- Any employee may voluntarily donate additional sick leave days for the benefit of an employee member of the sick leave bank solely for the purpose of reimbursing the sick leave bank for days used by the recipient.
