URP: V.14.c Sick Leave Pool

PURPOSE

The purpose of this policy is to outline the Texas Woman’s University (TWU) guidelines for operation of the Sick Leave Pool program in compliance with state law: Texas Government Code, Sections 661.001 through 661.008 and Texas Government Code, Sections 661.201 through 661.202.

POLICY

The Sick Leave Pool was established to provide a source of additional sick leave to help employees and their families if a catastrophic illness or injury forces an employee to exhaust all paid leave and to lose compensation as a result. 

An employee is eligible to request time from the Sick Leave Pool if because of a catastrophic illness or injury or because of a previous donation of sick leave to the pool, the employee exhausts all annual accrued vacation leave, sick leave, overtime and compensatory time to which that employee is otherwise entitled.

DEFINITIONS

A. The POOL ADMINISTRATOR is the person(s) appointed by the governing body of the University to administer the Sick Leave Pool hours.

B. A CATASTROPHIC ILLNESS OR INJURY as defined by the Employees Retirement system is a severe condition or combination of conditions affecting the mental or physical health of the employee or the employee’s immediate family that requires the services of a licensed practitioner for a prolonged period of time and that forces the employee to exhaust all leave time earned by that employee and to lose compensation from the State for the employee. 

C. A PROLONGED PERIOD is generally considered at least 45 calendar days or more. 

D. A LICENSED PRACTITIONER means a practitioner, as defined in the Texas Insurance Code, who is practicing within the scope of his/her license. 

E. IMMEDIATE FAMILY is an individual who resides in the same household as the employee and is related to the employee by kinship, adoption, or marriage; a foster child of the employee who resides in the same household as the employee and who is under the conservatorship of the Department of Protective and Regulatory Services; and a minor child of the employee, regardless of whether the child lives in the same household.  An employee's use of sick leave for family members not residing in that employee's household is strictly limited to the time necessary to provide care and assistance to a spouse, child or parent of the employee who needs such care and assistance as a direct result of a documented medical condition. Step-parents and stepchildren are not included.

    CONTRIBUTIONS TO THE SICK LEAVE POOL

A. An employee may transfer one or more days to the Sick Leave Pool.  The pool administrator will credit the Sick Leave Pool with the amount of time contributed by that employee and will deduct that amount of time from the total the employee has accumulated as if the employee had used the time for personal sick leave purposes.

B. A terminating employee may elect to contribute his or her sick leave balance to the pool but should carefully consider this decision if there is a possibility of being employed by the state within twelve months and thereby eligible to have the sick leave balance restored.  Any terminating employee who contributes sick leave to the pool is not eligible to have those hours restored if he or she returns to state employment within twelve months.

C. Employees may not stipulate how or who will receive their Sick Leave Pool contributions.

UTILIZATION OF THE SICK LEAVE POOL

A. All regular faculty and staff employees are eligible for the sick leave pool.

B. Employees who are granted sick leave pool hours are not required to contribute to the sick leave pool before they are eligible to receive hours from the sick leave pool, nor are they required to pay back time used under the sick leave pool. Any hours remaining at the end of the leave period are returned to the pool. The estate of a deceased employee is not entitled to payment for unused time withdrawn by the employee from the sick leave pool.

C. Employees who have filed a related Workers' Compensation claim are not eligible to apply for leave from the pool for the Workers' Compensation waiting period.

D. Employees must be at or above the "meets standard" performance evaluation level to be eligible for leave from the Sick Leave Pool.

E. A regular part-time employee may be granted leave on a pro-rated basis.

F. If approved, the amount of leave granted will be based on expected duration of condition not to exceed the maximum number of hours the employee is eligible to be awarded.  The maximum number of hours is determined by length of service as outlined in the chart below.

APPLICATION AND APPROVAL PROCESS

A. Pool applicants must complete a Sick Leave Application form and forward it to the pool administrator through appropriate administrative channels as shown on the application.  In addition, TWU will require the employee to submit a Sick Leave Pool Medical Certification form directly to the pool administrator.  The Medical Certification form must provide sufficient information regarding the illness or injury to enable the pool administrator to evaluate the employee’s eligibility.

B. Applications should be submitted when the need for sick leave pool hours becomes known to the employee.

C. The application will be considered by the pool administrator on a first-come, first-serve basis. In determining eligibility, the pool administrator will take into consideration the following:

  • Nature of the illness or injury,
  • Medical documentation stating the probability of the employee returning to work at some date,
  • Length of service,
  • The number of applications then pending, and
  • The amount of sick leave available in the pool

SICK LEAVE POOL HOURS AWARDED

Length of Service

0-2 years               

2-5 years               

5+ years

120 hours

360 hours

720 hours

Waiting Period

10 working days due to the particular illness or injury.

 

Need for Leave

Catastrophic illness or injury of the employee or employee’s immediate family requiring services of a licensed practitioner for a prolonged period of time.

 

Maximum Benefit Per Occurrence

Time available is limited by statute to no more than 1/3 of the total time in the pool or 90 days, whichever is less.

 

Maximum Lifetime Benefit

The total number of hours awarded to an employee with multiple occurrences will not exceed 1440 hours.

 

POLICY REVIEW

The Vice President for Finance and Administration will review this Policy with recommendations forwarded through normal administrative channels to the Chancellor and President.

Details

Article ID: 40198
Created
Thu 10/5/17 12:01 PM
Modified
Fri 2/15/19 8:45 AM