20.1 Creation and Purpose
a) The Association and the District agree to create a Catastrophic Leave Bank ("Bank") effective July 1, 2010.
b) The Bank will permit employees of the District to donate eligible leave credits to an employee when that employee or a member of his/her family suffers a catastrophic illness or injury.
c) "Catastrophic illness or injury" is defined as an illness or injury that is expected to incapacitate the employee for an extended period of time or that incapacitates a member of the employee's family which incapacity requires the employee to take time off from work for an extended period of time to care for that family member and taking extended time off work creates a financial hardship for the employee because he/she has exhausted all his/her sick leave and other paid time off, excluding differential leave.
d) "Employee's family" is defined as the employee or his/her spouse, members of their immediate family, or anyone residing within the same household as the employee.
e) Days in the Bank shall accumulate from year to year.
f) Days shall be contributed to the Bank and withdrawn from the Bank without regard to the daily rate of pay of the Bank participant.
g) The Bank shall be administered by a Joint Committee ("Committee") of a minimum of four (4) and not more than six (6)members with each member from a different site appointed by the Association President and two (2) members appointed by the District. The Joint Committee will reconcile the account by September 30 for the prior fiscal year and, as deemed necessary, throughout the year.
20.2 Eligibility and Contributions
a) All unit members on active duty with the District are eligible to contribute to the Bank.
b) Participation is voluntary, but requires contribution to the Bank. Only contributors will be permitted to withdraw from the Bank.
c) Unit members who elect not to join the Bank upon first becoming eligible must wait until the next date of assessed contribution (See below Section 20.2 g.) and then must contribute at least two (2) days of sick leave or the actual assessment, whichever is greater.
d) The contribution, on the appropriate form, shall be authorized by the unit member and continued from year to year until canceled by the unit member
e) Cancellation, on the proper form, may be effected at any time and the unit member shall not be eligible to draw from the Bank as of the effective date of cancellation. Sick leave previously authorized for contribution to the Bank shall not be returned if the unit member effects cancellation.
f) Contributions shall be made between July 1 and October 1 of each school year. Unit members returning from extended leave which included the enrollment period and new hires will be permitted to contribute within thirty (30) calendar days of beginning work. The District shall supply enrollment forms for the Bank to all new unit members and those unit members returning from leave. ***In time of special need, and pursuant to the Committee's approval, any unit member may contribute to the bank during the school year.
g) Unit members wishing to participate in the Bank shall make an initial contribution of two (2) days the first year of participation. After the employee's initial year of participation in the Bank, annual contribution will be (1) day of sick leave. (Ed. Code 44043.5)
h) An additional day will be required of Bank members if the number of days in the Bank falls below the number of members in the Bank. Bank participants who are drawing from the Bank at the time of the assessment will not be required to contribute to remain eligible to draw from the Bank. If a Bank participant has no remaining sick leave at the time of the assessment, he/she need not contribute the additional day(s) to remain a participant in the Bank.
i) If the number of days in the Bank at the beginning of a school year exceeds 200 days, no contribution shall be required of returning unit members. Those unit members joining the Catastrophic Leave Bank for the first time and those returning from leave shall be required to contribute two days to the Bank.
20.3 Withdrawal from the Bank
Bank participants whose sick leave is exhausted may request a withdrawal from the Bank for catastrophic illness or injury.
a) Participants who have exhausted sick leave and other paid time off, but still have differential leave available, are eligible for a withdrawal from the Bank for catastrophic illness or injury.
b) The first ten (10) duty days of illness or disability must be covered by the participant's own sick leave, differential leave, or leave without pay the first time the participant qualifies for a withdrawal from the Bank. For subsequent withdrawals within twelve (12) consecutive months for any unrelated catastrophic illness, days of illness must be covered by the participants own sick leave, differential leave, or leave without pay.
c) If a participant is incapacitated, applications may be submitted to the Committee by the participant's agent or member of the participant's family.
d) The initial withdrawals from the Bank shall be no more than thirty (30) duty days. Participants may submit a second requests for no more than twenty (20) additional days. Participants may submit a final request for no more than ten (10) additional days. A participant's withdrawal from the Bank may not exceed sixty (60) total days over a period of twelve (12) consecutive months.
e) Participants applying to withdraw or extend their withdrawal from the Bank will be required to submit a doctor's statement indicating the nature of the illness or injury and the probable length of absence from work. Members of the Committee shall keep information regarding the nature of the illness confidential.
f) If a participant has drawn thirty (30) Bank days and requests an additional twenty (20) days, and subsequently the final ten (10) days, the Committee may require a medical review by a physician of the Committee's choice at the participant's expense. The Committee shall choose only a physician who qualifies under the District-offered insurance policy. Refusal to submit to the medical review will terminate the participant's continued withdrawal from the Bank. The Committee may deny an extension of withdrawal from the Bank based upon the medical report.
g) Leave from the Bank may not be used for illness or disability which qualifies the participant for Workers' Compensation benefits unless the participant has exhausted all Workers' Compensation leave, his/her own sick leave, and provided further that the member signs over any Workers' Compensation checks for temporary benefits to the District. If there are any Workers' Compensation checks signed over to the Board, the Bank will not be charged days, or if charged, will be reimbursed the number of days for which the Workers' Compensation payment is equivalent to a regular day of pay at the negotiated rate for that participant. If the District challenges the Workers' Compensation claim, the participant may draw from the Bank, but upon settlement of the claim in favor of the employee, the Bank shall be reimbursed the days by the District.
h) When the Committee may reasonably presume that the applicant for a draw may be eligible for a Disability Award or a Retirement under STRS or, if applicable, Social Security, the Committee may request that the draw applicant apply for disability or retirement. Failure of the draw applicant to submit a complete application, including medical information provided by the applicant's physician, within twenty (20) calendar days will disqualify the draw applicant from further Bank payments. Any requests for additional medical information from STRS or Social Security shall be submitted within ten (10) days or the participant's entitlement to Bank payments shall cease. If denied benefits by STRS or Social Security, the applicant must appeal or entitlement to the Bank shall cease.
i) If the Bank does not have sufficient days to fund a withdrawal request, the Committee is under no obligation to provide days and the District is under no obligation to pay the participant any funds whatsoever. If the Committee denies a request for withdrawal, or an extension of withdrawal, because of insufficient days to fund the request, they shall notify the participant, in writing, of the reason for the denial.
j) Withdrawals shall become effective immediately upon the exhaustion of sick leave and the waiting period provided for in Sections 20.2 c, 20.2 f, and 20.3 b, whichever is greater. For example, if a participant contributed when first eligible to contribute (Section 20.2 f) and had ten (10) days of accumulated sick leave when the illness began (Section 20.3 b), he/she shall begin withdrawing upon the eleventh (11th) duty day, if otherwise eligible. If the participant had fifteen (15) days of sick leave at the beginning of the illness, he/she shall begin withdrawing days on the sixteenth (16th) duty day. If the participant had five (5) days of sick leave at the beginning of the illness, he/she shall begin withdrawing days on the eleventh (11th) duty day.
20.4 Administration of the Bank
a) The Committee shall have the responsibility of maintaining the records of the Bank, receiving withdrawal requests, verifying the validity of requests, approving or denying the requests, and communicating its decisions, in writing, to the participants.
b) The Committee's authority shall be limited to administration of the Bank. The Committee shall approve all properly submitted requests complying with the terms of this Article.
c) Applications shall be reviewed and decisions of the Committee reported to the applicant, in writing, within ten (10) duty days of receipt of the application.
d) The Committee shall keep all records confidential and shall not disclose the nature of the illness except as is necessary to process the request for withdrawal and defend against any appeals of denials.
e) By October 5 of each school year, the District shall notify the Committee of the following
i. The total number of accumulated days in the Bank on June 30th of the previous school year.
ii. The number of days contributed by unit members for the current year.
iii. The names of participating unit members.
iv. The total number of days available in the Bank.
f) Annually, the District shall notify the Committee of the following:
i. The names of any additional unit members who have joined in accordance with 20.4 b.
ii. The names of unit members who have cancelled participation.
iii. The total number of days in the Bank at the beginning of the previous month.
iv. The total number of days added to the Bank by new participants.
v. The total number of days awarded during the previous month and to whom they were awarded
vi. The total number of days remaining in the bank on the last day of the month.
20.5 If the Bank is terminated for any reason, the days remaining in the Bank shall be returned to the then current members of the Bank proportionately.