Prince George’s County Public School Employees
SEIU LOCAL 400 PG
SICK LEAVE BANK RULES
The Negotiated Agreement between the Board of Education of Prince George’s County and School Employees Local 400PG provides for the establishment of a Sick Leave Bank as follows:
Article V, Section 6 Employees Sick Leave Bank
An Employees’ Sick Leave Bank will be established effective July 1, 1978.
- No employee shall be considered eligible for compensation through the Sick Leave Bank unless such employee was on duty or authorized absence the duty day preceding the commencement of disabling illness.
- All unit members on active duty with the Prince George’s County Public Schools are eligible to participate in the Sick Leave Bank. Participation is voluntary, but requires contribution to the Bank. Only contributors will be permitted to use the Bank for payment for qualifying incapacitating personal illness during regularly scheduled duty days.
- The Sick Leave Bank will be administered by a three (3) member approval committee appointed by the President of Local 400PG and this Approval Committee shall have the responsibility of receiving requests, verifying validity of requests, recommending approval or denial of the requests and communicating its decision to the member and the Department of Personnel.
- The rules for the Sick Leave Bank will be established by a four (4) member Rules Committee, two (2) members appointed by the President of Local 400PG and two (2) members appointed by the Superintendent of Schools of Prince George’s County. It shall be the purpose of this committee to recommend such rules, in addition to those provided for in this Agreement, as the committee considers appropriate for the operation of the Sick Leave Bank. These recommended rules must be approved by the President of Local 400PG and the Superintendent of Schools before said rules take effect. Once approved, the rules will be widely distributed by the Approval Committee.
- The contribution on the appropriate form will be authorized by the unit member and continued from year to year until canceled in writing by the unit member. Sick leave properly authorized for contribution to the Bank will not be returned if the unit member effects cancellation. Cancellation on the proper form may be effected at any time and the unit member shall not be eligible to use the Bank as of the effective date of cancellation.
- Contributions shall be made between July 1st and October 1st, except for members returning from extended leave which included the enrollment period and new hires who will be permitted to contribute within thirty (30) calendar days of their reassignment and/or start to work. Unit members returning from extended sick leave or disability will be permitted to contribute to the bank only after approval of the Approval Committee.
- The annual rate of contribution for the 2001/2002 school year shall be two (2) days of sick leave. Annual rate of contribution for future years shall be determined by the Rules Committee and announced prior to July 1st of each year.
- The maximum number of duty days that can be granted in one fiscal year will be the remaining number of duty days a unit member is scheduled to work. In no case will the granting of leave from the Bank cause a unit member to receive more than the total wages that would have been earned in that fiscal year.
- Members must use all accumulated and available sick and annual leave before applying for leave from the Bank. Applications for use of the Bank shall be made on the required form and submitted to the Approval Committee.
- The first ninety (90) consecutive calendar days of incapacitating illness or disability must be covered by the employee’s own available sick leave or annual leave or leave without pay the first time said employee qualifies for a grant from the bank. For subsequent grants from the Bank, the first fifteen (15) calendar days of incapacitating illness or disability must be covered by the employee’s own available sick leave, annual leave, or leave without pay.
- The Department of Personnel will receive and review the decision of the Approval Committee from the Bank. If the grants from the bank are consistent with Prince George’s County Board of Education’s sick leave policies and the rules of the Sick Bank Leave, the Department of Personnel will approve these Bank grants to be paid by the Prince George’s County Public Schools to the member and shall forward the bank grants to the appropriate Department for payment. In any case where the decision of the Department of Personnel does not concur with the Approval Committee, the Department of Personnel shall explain the full reason for the difference of opinion.
- Bank grants will not automatically be carried over from one fiscal year to another. All Bank grants will end as of the last duty day of the school year and must be renewed through the Approval Committee each school year.
- If a unit member does not use all of the days granted from the Bank, the unused sick leave bank days will be returned to the Bank.
- If the Sick Leave Bank is terminated due to the non-existence of a negotiated agreement with Local 400PG, or for any other reason, the days remaining in the Sick Leave Bank shall be returned to the then current members of said bank proportionally.
Additional Rules as determined pursuant to Article V, Section 6:
- The Sick Leave Bank may only used for the contributor’s own
personal illness; it may not be used for illness of other members of the contributor’s family, or by the contributor to remain away from his/her position in order to assist a member of his/her family who is ill.
1a. Sick Leave Bank Membership Transfers: When an employee who is a member in good standing of any Prince George’s County Public Schools’ Sick Leave Bank changes jobs/transfers position or is promoted to a position represented by a different Employee Organization, the Board of Education will automatically transfer
the employee’s membership to the appropriate Sick Leave Bank.
The contribution rate which was deducted from the employee’s sick leave balance on the prior July 1, in order to participate in the prior Bank will be transferred to the new Bank. In the event that the contribution rates are not identical, the employee will not receive any sick leave reinstatement or additional assessment, for the initial year of transfer.
Employees will be subject to all rules, terms and conditions of the new Bank (such as waiting periods, etc.) on the effective date of their new position. Employees who desire to discontinue membership in the Bank may do so by following the normal, specified withdrawal procedures of the new Bank.
- Only earned or available sick leave may be contributed to the
- Sick Leave Bank
- No employee shall be required, for purposes of maintaining
- membership status in the Sick Leave Bank, to contribute more sick leave days than other members.
- Leave from the Bank may not be used for disabilities which
- will qualify the member for Worker’s Compensation benefits, unless the member has exhausted all Occupational Disability Leave and exhausted their own accumulated sick and annual leave. Member further agrees that any Worker’s Compensation wages payable for the same dates as Sick Leave Bank grants, will be paid to the Board; and that the Board will reimburse the Sick Leave Bank accordingly.
If a Sick Leave Bank member’s absence is due to an injury or illness which has been found compensable under Worker’s Compensation, and if that member participates in a Board-sponsored Return to Work Program, it is understood that any Sick Leave Bank benefits for which the member would have otherwise been eligible will not be lessened by participation in the Return to Work Program.
*Days worked under the Return to Work Program will not cause a new waiting period to begin.
*An employee who receives a Sick Leave Bank Grant and,
before the grant is exhausted, returns to work under the
return to Work Program, may use the remainder of the
unfinished grant in the event they are forced to
discontinue the Return to Work assignment due to
surgery or worsening of condition.
*If a Return to Work assignment is for a partial day
work schedule, and the employee is otherwise eligible
for Sick Leave Bank benefits, the Sick Leave Bank grant
will pay the balance of the day’s wages beyond the hours
worked under the Return to Work Program.
*Time worked under the Return to Work Program shall
not be counted toward the calendar year grant maximum
expressed in Rule #9.
This Rule shall apply to all participants in the Return to Work Program since its inception.
4a. Termination of Workmen’s Compensation Benefits MAY cause the entitlement to Sick Leave Bank payments to cease
5. When the Approval Committee may reasonably presume that an
applicant for a grant or extension of a grant may be eligible for disability retirement benefits from the Maryland State Retirement Systems and/or Social Security, the Approval Committee will deny the request and suggest instead that the grant applicant apply for the disability benefits. Submission of the application for disability retirement and the necessary supporting medical documents to the Benefits Administration Office must be made within fourteen (14) calendar days from the date of the issuance of the request by the Approval Committee in order for the member to continue to be eligible for a sick leave bank grant.
Any requests for additional medical information from the
Retirement System must be complied with within fourteen (14) calendar days if the member is to be eligible for a sick leave bank grant.
When disability retirement is denied by the Retirement
System, the Approval Committee will refer the member to a physician of its choice to obtain a prognosis as to whether the member will be able to return to his/her regular duties. If this report indicates that the member will never be able to resume his/her regular duties, the Approval Committee will require that the member appeal the ruling of the Retirement System denying disability retirement using the report of the physician as the basis for the appeal. If the physician indicates that the member is able to return to his/her regular duties, the member is no longer eligible for a sick bank grant.
No payment for a sick leave bank grant will extend beyond the
first of the month following the month in which disability retirement is approved by the Medical Board of the Maryland State Retirement Systems or the Social Security Administration.
6. Each separate application for a grant from the Bank must include a new physician statement on the Local 400PG Sick Leave Bank Form.
7. A member of the Sick Leave Bank will lose the right to use the benefits of the Sick Leave Bank by:
a. Termination of employment with the Board of Education of Prince George’s County.
b. Suspension without pay during the period of suspension.
c. A member’s voluntary cancellation of his/her membership in the Sick Leave Bank as of the effective date of the cancellation.
d. A members written authorization to discontinue annual contribution of sick leave day(s), as of the date the contribution becomes due.
e. Any abuse or misuse of the Rules of the Sick Leave Bank.
f. While on approved leave of absence, for other than personal illness.
8. Grants from the Bank for the same illness or injury shall not exceed 130 duty days.
9. If an employee meets the overall maximum 260 days in a 3 year (fiscal) period, the employee cannot use the Sick Leave Bank until the following fiscal year, they must meet a new 90 day waiting period and they will be subject to reduced benefits (sick leave benefits will be reduced one day per week) starting with the first grant
10. Eligible employees who do not elect to join the Sick Leave Bank at the first opportunity afforded to them will not be permitted to join the Bank until the subsequent annual open enrollment period, Individuals that join the Bank on or after July 1,1981 will not be eligible for a bank grant during their first six (6) months of membership in the Bank.
11. The Approval Committee will review and forward to the Board of Education of Prince George’s County Human Resources Department its decision on all requests to draw on the Sick Leave Bank within fifteen (15) working days after such request is received in the Local 400PG Headquarters Office.
12. New employees who elect to join the sick leave bank within thirty (30) calendar days of their employment will not be eligible for a bank grant during their probationary period of employment.
13. All requests to draw upon the Bank must be made upon a Local 400PG Sick Leave Bank Request Form and submitted to Local 400PG within thirty (30) calendar days of the first date Bank usage is requested. Retroactive approval of grant extensions will not exceed five (15) duty days.
14. All requests to draw upon the Sick Leave Bank must have the Physician’s Statement on the Local 400PG Sick Leave Bank Grant Request form completed, confirming the cause of illness or confinement and certifying the existence of a disability to perform assigned duties. The form must be personally signed and dated by the physician (The use of a signature stamp is not acceptable).
15. An applicant may be required to undergo a medical review by a physician of the Committee’s choice at any time, at the member’s expense. This physician’s report is to be sent directly to the Committee before the Committee may act upon the unit member’s application for a grant from the Sick Leave Bank.
16. In case a contributor’s incapacity is of such a nature that he/she cannot personally apply for a grant, his/her application may be submitted to the Committee by his/her authorized agent or member of his/her family on his/her behalf.
17. Leave grants from the Bank shall be in units of not more than thirty (30) consecutive days.
18. Applicants may submit requests for extension of Bank leave grants before their prior grants expire. (Use regular Sick Leave Bank Request Form)
19. In cases where the Committee disapproves an application
membership, an application for use of the Sick Leave Bank, or for an extension of such use, the applicant may appeal his/her request to the Local 400PG Executive Board.
20. All forms for application for participation in the Bank shall be available at the Board of Education of Prince George’s County Human Resources Department and Local 400PG Office, and shall be sent to any member at his/her request. Cancellation of membership to the Bank must be submitted in writing to the Local 400PG Office.
21. Copies of all Local 400PG Sick Leave Bank Donations, Local 400PG Sick Leave Bank Grant Requests and Local 400PG Sick Leave Bank Membership Cancellation Request shall be marked for approval or denial by the Committee. Following such action, the Committee shall disperse copies of the forms to the unit member, his/her immediate supervisor, the Board of Education of Prince George’s County Benefits Administration Office and the Local 400PG President.
22. The Board of Education of Prince George’s County shall maintain records of all unit member contributions, withdrawals and the status of the Bank.
23. The Board of Education of Prince George’s County Payroll Office shall report the status of the Local 400PG Sick Leave Bank at any time upon the request of the Approval Committee.
24. The Board of Education of Prince George’s County Payroll Office and Local 400PG shall provide information to the Approval Committee upon its request for any data maintained in their files with regard to an applicant’s use of or investment in the Local 400PG Sick Leave Bank.
25. Transfer of sick leave days to the Sick Leave Bank shall be in whole or fractional parts of a regular work day consistent with the earned sick leave entitlement of the employee making the donation.
26. These Rules are subject to revision in accordance with Article V. Section 6 c: at any time without prior notice.
27. No sick leave bank member will be authorized a grant from the bank for pre-existing conditions for the first twelve (12) months of membership. Pre-existing conditions shall include, but not be limited to, any condition for which the member received treatment during the twelve (12) month period preceding the member’s enrollment in the bank.
28. Bank grants shall not be authorized for illness or disability for which the member is eligible for any disability pension payment
29. Sick leave bank grants will not be authorized for illness or disability resulting from self-inflicted injury or an act of war.
30. Approval of a bank grant is automatically and immediately rescinded effective with the first day a member begins to work for another employer.
31. An applicant may be required to undergo a medical review by a physician of the Approval Committee’s choice at any time, at the member’s expense. This physician’s report is to be sent directly to the Approval Committee before the Committee may act upon the unit member’s application for a grant from the Sick Leave Bank.
32. Any member who changes their permanent residency from the Metropolitan Area (primary residence) while receiving a grant from the Sick Leave Bank will cause their grant to be immediately terminated. If their move is necessitated by medical conditions, a member may have the grant reinstated by the Sick Leave Bank Approval Committee, after applicable medical information is received.