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RSCC Policy PA-10-03; Transfer of Sick Leave Between Employees

Roane State Community College
Policy Number: PA-10-03
Subject: Transfer of Sick Leave Between Employees

In accordance with T.C.A 8-50-802, which became effective April 12, 1994, 本政策规定了将病假转移给因疾病或受伤而持续残疾的病假银行成员的指导方针和程序. This policy is in accordance with Tennessee Board of Regents Policy 5.01.01.15.

  1. Eligibility Criteria for Receiving Sick Leave

    In order to receive sick leave donated by another employee, all of the following criteria must be met. The recipient must (1) be a current member of the institution's Sick Leave Bank, (2) have used all accumulated sick leave, annual leave, compensatory time, 以及每一种单独的疾病或反复诊断的疾病或事故的病假银行允许的最长天数, (三)因个人患病或者受伤,继续丧失劳动能力的, (四)未领取包括社会保障残疾抚恤金在内的其他形式的补偿, long term disability benefits, workers compensation benefits, or compensation through the State Retirement Plan or Sick Leave Bank.

    Before an employee is eligible to receive donated leave, 他或她的医生必须提供当前的证明,证明该员工因个人疾病或受伤而残疾,无法工作. Upon receipt of such medical certification, 员工有资格获得最多连续20天的假期,否则他/她将无薪休假, including holidays. 是否有资格获得20个工作日的额外增加,可根据目前对持续残疾的医疗证明. 可转移给员工的最高金额限于90天,否则员工将无法获得上述支付. 如果符合所有资格标准,员工的病假转移将不会被拒绝.

    对于接受转假的正式全职员工,“一天”的定义为7.5 hours for employees on a 37.5-hour workweek schedule and 8 hours for employees on a 40-hour workweek schedule. 正式兼职员工应按其就业占全职就业的百分比按比例享受病假. 受助人应继续按照适当的政策和指导方针的规定累积休假和服务,这些政策和指导方针应在任何捐赠休假之前使用.
  2. Criteria for Donating Leave

    A donating employee is not required to be a member of the Sick Leave Bank. Since Roane State has both Faculty and Staff Sick Leave Banks, employees may only donate to members of these banks. No transfers may be made beyond Roane State. In order to donate sick leave to a member of the Sick Leave Bank, 根据员工的应计率,员工目前必须有20天病假的最低余额. (Example: 20 x 7.5 hours accrual rate = 150.0 hours.)此外,捐赠人必须同意捐出最少5天的累算假期. However, in the event the donor's percentage of employment exceeds that of the recipient, the minimum donation will be based on the recipiernts' accrual rate. Regular part-time employees will donate leave equal to their accrual rate. (Example: 10 x 3.75 hours accrual rate = 37.50 hours.)雇员在罗安州立大学工作期间可捐出的病假最多为相当于90天的累计天数.

    An employee may donate more than one time to a single individual. However, 雇员在首次转帐时,不得捐出超过其有效假期余额的一半. For example, 休假余额为200小时的员工可以向病假银行成员捐赠100小时. If the recipient only used 75 hours during the first occurrence, the donor could only give that same recipient a total of 25 hours at a later date.
  3. Procedural Guidelines

    In order to facilitate sick leave transfer between employees, the following procedures should be followed:
    1. The donating employee (donor) must complete the Sick Leave Donation Agreement stating the name of the recipient and the amount of leave being donated. This form must be signed and witnessed by a representative of Human Resources.
    2. Following verification that (1) the recipient is a member of the Sick Leave Bank, (2) the donating employee has sufficient sick leave to cover the donation, and (3) the amount does not exceed one-half the donor's current balance, the agreement may be approved by the Director of Human Resources. 经批准后,原件必须由人力资源办公室转交给薪资办公室. 捐赠人和受赠人的个人档案中都会有一份这份表格的副本, and provided to the Sick Leave Bank.
    3. 病假捐赠协议将按人力资源办公室收到的日期和时间顺序盖章. 如果一个人有多个捐赠者,这将决定从捐赠者的病假余额中扣除病假的顺序.
    4. 受助人的主管将被告知已捐赠的假期数量.
    5. Before the initial transfer of leave is completed, 人力资源办公室将核实受助人是否提供了他/她的医疗保健提供者的当前证明,证明他/她仍然无法工作. 今后每捐出20天的病假,在转病假之前可能需要出示现行的医疗表格.
    6. Prior to deducting leave from a donor, 薪金事务处将核实捐款人是否有足够的假期支付最初捐款的数额,并维持所需的结余. 如果少于所需金额,则假期捐赠协议无效.
    7. 捐赠假期的支付将基于接受者的既定工资率. However, 这一比率可能因捐赠休假期间发生的任何工资增长而改变.
    8. 在任何特定时间,只会转移预计用于支付每个工资期的必要假期. 如雇员已捐出10天,而现时的薪俸期只需要4天, only 4 days will be deducted during this pay period. If the disability continues into the next pay period, the remaining days will be deducted at the appropriate time.

      NOTE: Sick leave may not be transferred retroactively beyond one pay period. For example, 如果没有人同意为已经用完所有病假银行权利并已被批准无薪休假的员工捐赠假期, another employee may later donate sick leave to this employee. 此假期的补发不得超过一个工资期.
    9. 捐赠的病假未被使用的将被转移到病假银行.
    10. If the donor terminates employment, retires, transfers to another institution or State agency, dies, or has an insufficient leave balance to meet the eligibility criteria, all responsibility to donate this leave is voided.

把病假捐给别人的决定应该是每个员工自由选择的. 任何试图不正当地影响另一名雇员放弃休假的人,均应受到纪律处分, 在此条件下,任何事先达成的捐赠休假协议无效.

TBR Policy Reference: 5.01.01.15
Revision Date Effective: 08/29/2014
Revision Approval By: Christopher L. Whaley, President
Original Date Effective: 04/16/1996
Original Approval By: Sherry L. Hoppe, President
Office Responsible: Vice President for Business & Finance
Reviewed: 04/18/2017

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