APPENDIX A

B. The SB program is to provide a means to assist employees who, because of a personal catastrophic illness or personal catastrophic injury, would be subject to a severe loss of income and benefits during an extended absence from work. In order to be eligible for the program, participating employees must exhaust all of their existing sic leave and vacation balances. The program is not intended to provide supplemental income which would result in compensation levels exceeding normal wages, nor is the program meant to replace or duplicate benefits offered by State Teachers Retirement System of Ohio (STRS), The University of Toledo’s Long Term Disability Program (LTD), and/or Workers Compensation. Bank sick leave days may not be granted for elective surgery, illness or care of any member of the individual’s family, nor maternity leave.

C. Members of the UT-AAUP-LBC understand one of their responsibilities is to maintain the strictest level of confidentiality possible when dealing with recipient information.

III. Applicability

The SLB program is available to employees who are represented by UT-AAUP at The University of Toledo.

IV. Donor Eligibility

A. In order to donate sick leave hours, an employee must meet the following eligibility criteria.

1) The donor must be employed at The University of Toledo in a UT-AAUP bargaining unit position at the time of donation.

2) All UT-AAUP represented faculty must have at least sixteen (16) hours of accrued sick leave at the time of donation.

3) All faculty members represented by the UT-AAUP absent from work on an extended leave during any enrollment/assessment period will be permitted to contribute to the SLB within thirty (30) calendar days of their return from extended leave provided he/she meets the minimum sick leave balance requirement of sixteen (16) hours (pro-rated if appropriate).

V. Donation Policies and Regulations

A. A minimum of fifty (50) UT-AAUP bargaining unit members are necessary to initiate the establishment of the sick leave bank.

B. Only donors are eligible to apply for sick leave credits for personal catastrophic illness or personal catastrophic injury as certified by the attending physician. Applicants will be reviewed according to medical need and will not be granted special privileges based on prior donated hours.

C. No later than May 15, 1998, UT-AAUP shall appoint five (5) UT-AAUP members to serve on the Sick Leave Bank Committee (SLBC), a standing committee of the UT-AAUP. The five appointments shall represent different colleges and/or schools. The Administration shall have an ex-officio member on the SLBC. The appointees shall serve for three-year terms after initial appointments of staggered terms (two or three years, two for two years and one for one year). Those appointed to serve shall meet within ten (10) days of their appointment to elect a chair. Those selected to serve on the SLBC may be reappointed, vacancies for any reason shall be filled immediately for the remainder of the unexpired term by UT-AAUP who shall appoint the SLBC member to complete the term. UT-AAUP-LBC members shall be appointed, serve and/or be removed at the sole discretion of the UT-AAUP Executive Board.

D. Once sick leave is donated, it will not be returned to the donor. The hours donated will be deducted from the net full bi-weekly paycheck following the UT-AAUP written authorization to donate said hours. The amount of hours to be donated will be determined by the UT-AAUP-LBC. Leave donations will not be acceptable if they are under a stipulation as to whom the donated hours are to be given.

E. After the initial open enrollment of thirty (30) calendar days, the UT-AAUP-LBC. will hold an annual enrollment period to be determined by the UT-AAUP-LBC. The enrollment period and the enrollment procedures will be publicized annually by the UT-AAUP-LBC to all employees eligible to join.

F. The LBC shall be responsible for administration and implementation of the sick leave bank Guidelines, membership and enrollment procedures, and reasonable assessment rules to maintain an adequate reserve. It shall not be empowered to modify the terms of the Agreement or these sick leave bank Guidelines. The LBC shall notify the Assistant Vice President of Personnel of the sick leave bank implementation date.

G. The Administration shall provide reasonable staff support to maintain the sick leave bank, keep records of the sick leave days donated and taken.

H. Additional assessments may be made by UT-AAUP-LBC in the event an emergency situation has occurred and the leave bank is lacking hours needed to meet UT-AAUP-LBC approved recipient’s needs. All current members of the UT-AAUP-SLB will be required to donate additional time during these assessment periods in order to remain eligible for membership in the UT-AAUP-SLB.

I. Donation activity will be recorded on the Leave Donation Log for each recipient employee. The Payroll Office will be responsible for deducting hours donated from the SLB adding leave hours to LBC approved recipient’s time records.

J. A quarterly report indicating the status of the sick leave bank membership usage and sick days reserves will be provided by the SLBC to the Assistant Vice President of Personnel, the Vice President for Administrative Affairs, and to the members participating in the Sick Leave Bank.

K. The right membership or the right to apply for membership ceases with termination of employment, retirement for any reason, refusal or inability to comply with assessments.

VI. Member Eligibility

A. In order to receive sick leave credits, an employee must meet the following eligibility criteria:

1) The member must be an employee in the UT-AAUP bargaining unit, a member of the UT-AAUP-SLB, and entitled to receive sick leave hours during an active period of appointment.

2) A member must be in the sick leave bank for at least thirty (30) working days to be eligible to apply for sick leave days from the bank.

VII. Leave Bank Hours May Be Granted Under the Following Circumstances

A. A catastrophic illness or catastrophic injury which requires an employee’s absence from duty and results in a substantial loss of income to the employee.

B. Sick Leave Bank hours may be taken intermittently or on a reduced schedule, only if such schedule is needed for medical reasons and conditions and cannot be accommodated within employee’s work schedule, provided it is approved by the UT-AAUP-LBC.

VIII. Recipient Policies and Regulations

A. Each initial grant of sick leave days shall be limited to a maximum of twenty (20) consecutively scheduled working days for each illness or injury. After the initial grant, an extension (extensions) of up to one hundred (100) sick leave days may be granted per catastrophic illness or catastrophic injury. The total sick leave granted to any one member shall not exceed 120 days per fiscal year or 120 days to any one illness recurring illness, or accident.

B. Normally, donated credits are available for periods of continuous absence which are expected to continue beyond one bi-weekly payroll period. However, in certain cases of intermittent absence, the UT-AAUP-LBC may waive the continuous absence requirement.

C. If the recipient returns to work for a period not exceeding five working days and has a recurrence of the same condition, the employee may continue to receive leave bank credit hours without submitting an additional application.

D. If leave days from the bank are granted to an employee, the employee is considered to be in active pay status during the use of that leave and all employment benefits apply including the accrual of vacation, sick leave, and seniority.

E. Once an eligible employee begins receiving disability benefits under STRS, LTD and/or Worker’s Compensation, donated credits may no longer be used.

F. If any leave is granted but not used by the employee, the unused portion of the amount of leave transferred is returned to the Leave Bank. This would apply in the case of an employee’s retirement, death, or recovery from the illness or injury.

G. The UT-AAUP-LBC members are not eligible to receive leave bank credits while maintaining a position on the LBC. If the Board member meets the eligibility requirements as specified by this document, he/she must resign from the Board before applying for leave bank credits. Once official resignation from the UT-AAUP-LBC is received, that employee may apply for leave bank credits. If leave credits are granted, his/her resignation remains in effect for the duration of the catastrophic illness.

H. The number of hour granted is based on the sole discretion of the LBC as determined by the individual case, severity of the illness/injury and the number of credits available in the bank. The LBC assumes no responsibility to grant leave credits for the eligible period to cover the total duration of leave. Decisions of the LBC are not subject to the grievance procedure.

IX. Applications For Leave Bank Hours

A. Applications must be submitted to the UT-AAUP-LBC. Applicants must provide sufficient medical documentation to support their request.

B. The University, UT-AAUP, or the UT-AAUP-LBC will not assume that an employee wishes to receive leave bank hours. Employees or their designee must indicate their wish to participate in this program by applying, in writing, to the UT-AAUP-LBC. Application forms will be available in the Personnel Department and the UT-AAUP office.

C. An application form with supporting documentation must be filled out, signed, and submitted by the employee or his/her designee to the LBC. Upon receipt of the application, the LBC will note the date it was received and mail a letter acknowledging receipt and stating approximately when the employee may expect an answer.

D. The letter of acknowledgment shall be postmarked within ten (10) working days of receipt and a decision regarding the application will be made within ten (10) working days.

E. If an employee’s application for the receipt of leave bank hours is rejected, he/she may petition the LBC to reconsider its decision within ten (10) working days of the Committee’s decision.

X. Discontinuation of Leave Bank Credits -

Employee(s) Will Cease to Receive Leave Bank Credits When Or If

A. The catastrophic illness/injury ends.

B. The recipient fails to provide current medical documentation on need for benefit.

C. The recipient ceases to be employed in a UT-AAUP bargaining unit position.

D. The recipient receives long-term disability benefits offered through LTD and/or STRS.

E. The recipient is approved to receive Workers Compensation.

F. The attending physician of record determines that the illness or injury is not longer catastrophic and disabling.

G. The recipient retires (for any reason).

H. The recipient dies.

I. The leave bank ceases to exist.

XI. The Leave Bank Committee will

A. Be responsible for processing recipient applications in a timely fashion. This includes the initial response after the application has been received, a decision as to whether leave bank hours will be granted to the applicant, how many leave bank credits will be granted, and notifying the applicant of their decision.

B. Record the number of leave hours approved by the LBC for each recipient employee on the recipient log.

C. Maintain records of leave donations.

D. Work with the Payroll Office in maintaining records of donation and receipt of leave bank hours.