Morgan County Schools
Bylaws & Policies
 

4432 - PERSONAL LEAVE BANK

West Virginia Code 18A-4-10(b)(1) provides that each County Board shall establish a personal leave bank that is available to all school personnel. Accordingly, the Morgan County Board of Education does therefore enact and create this policy for the purpose of providing additional personal leave to participating employees who have exhausted their own personal/annual leave.

 A.A personal leave bank is hereby established for all regular school personnel, both professional and service. An employee may elect to become a participating member by contributing days to the bank pursuant to this policy.

 B.An employee may not be coerced or compelled to contribute, donate, or otherwise enroll in the personal leave bank.

 C.A participating employee is required to contribute two (2) days of personal leave per school year to the personal leave bank, provided that such contribution shall not reduce the personal leave days without cause to which the employee is entitled if sufficient general personal leave days are otherwise available to the donor employee.

 D.An employee desiring to contribute to the personal leave bank shall do so, on or before September 30th of the then current school year, in writing. (Personal Leave Bank enrollment forms will be distributed at the beginning of each school year during open enrollment.) The leave days will be deducted within thirty (30) days of the contribution. (For the 2007-08 implementation year these enrollment forms will be due on or before January 15, 2008.) An employee desiring to make a withdrawal of a leave day shall do so in writing. (Personal Leave Bank Withdrawal Form will be available to all Bank members.)

 E.A participating employee's membership will automatically continue from year to year unless the employee notifies the payroll department in writing by September 30th of the current school year or upon termination of employment with Morgan County Schools.

 F.A participating employee cannot retrieve days once they have been contributed. By contributing days to the personal leave bank, the employee relinquishes all claims to all personal days donated to the bank.

 G.A participating employee who contributes to the personal leave bank shall have reduced, to the extent of such contribution, the number of personal leave days to which s/he is entitled by West Virginia Code 18A-4-10.

 H.Subject to approval by the PLBC (Personal Leave Bank Committee), a participating employee may withdraw from the personal leave bank no more than fifteen (15) days of personal leave per school year unless extenuating circumstances merit additional days as determined by the PLBC.

 I.Subject to approval by the PLBC, a participating employee may withdraw from the personal leave bank one (1) day of personal leave for each continuous day of such absence after the tenth day of absence.

 J.A Personal Leave Bank Withdrawal form must be completed and submitted to the Treasurer before any withdrawal will be considered by the PLBC.

 K.A health care provider's statement, which includes diagnostic information and the anticipated duration of the illness/disability, must accompany the withdrawal request form before the PLBC can consider the request. A second opinion may be requested by the PLBC at the employee's expense.

 L.If an employee should become incapacitated, his/her withdrawal request form may be submitted to the Treasurer by the employee's spouse, or if no spouse exists, then by a member of the family on his/her behalf.

 M.An employee desiring to withdraw personal leave days from the bank must meet the following criteria in order to apply for and be eligible for consideration to receive the leave:

  1.be absent from assigned duties due to a disability resulting from or caused by an accident (an "accident" is an unexpected happening causing injury which is not due to any criminal misconduct on the part of the person injured) or an illness (an "illness" is an unhealthy condition of body or mind);

  2.at the time of such absence, have fewer than five (5) personal leave or other annual paid leave days of his/her own from which to be paid his/her regular budgeted salary appropriation for the period of such absence; and

  3.have been a participating employee in the bank for thirty (30) calendar days immediately preceding such absence.

 N.No participating employee shall use the days from the personal leave bank to extend insurance coverage pursuant to West Virginia Code 5-16-13.

 O.No participating employee shall use the days from the personal leave bank to qualify for or add to service for any retirement system administered by the State.

 P.Unused bank days deposited in a receiving employee's personal leave account shall revert back to the personal leave.

 Q.No participating employee who is receiving payments from the West Virginia Worker's Compensation Fund shall be permitted to receive days from the personal leave bank.

 R.Participating employees who request and receive a leave of absence without pay cannot (while on leave) receive days from the personal leave bank.

 S.Personal leave days contributed by a participating employee are credited to the bank as full days, likewise the receiving employee will be credited with full days. The contributed personal leave day will not be credited for more or less than a full day by calculating the value of the leave according to the hourly wage of each employee.

 T.The personal leave bank shall be administered by the PLBC. The PLBC shall be comprised of a member or appointee of the Board, the Treasurer who will serve as chairperson, a teacher, a service person, and a principal. The latter three (3) members shall be appointed by the Superintendent. In order to initiate term limits, beginning with school year 2007-2008 the member or appointee of the Board and the service person shall serve for two (2) school years and the appointees by the Superintendent shall serve for one (1) school year. Beginning with the 2008-2009 school year, the principal and teacher shall serve for two (2) school years. The Treasurer shall serve as a permanent member. As the term of the appointed persons expires, new member shall be appointed for a term limit of two (2) school years to begin immediately upon the expiration of the previous member's term. Any appointed member of the PLBC shall serve at the will and pleasure of the officer or body which appointed him/her. Members shall receive no compensation by reason of their services on the PLBC.

 U.The PLBC shall provide by resolution for the holding of regular meetings at the central office at least once a month, (if needed), and shall fix the time and date thereof. No notice of any such regular meeting need be given in advance to members of the PLBC. If a meeting is not needed, the chairperson shall notify all members. When demanded by at least two (2) members of the PLBC, a special meeting shall be held at such time and on such date as is specified by the chairperson in notices which shall be delivered to all members of the PLBC at least two (2) days before the day on which such meeting is to be held. A majority of members shall constitute the quorum necessary for the transaction of the business of the PLBC.

 V.Upon approval by the PLBC, a maximum of fifteen (15) days may be deposited in the receiving employee's account. If extenuating circumstances merit additional days, an extension may be granted upon submission of re-application of the request. No employee may withdraw more than 150 days from the personal leave bank in his/her lifetime.

 W.The PLBC shall not approve any withdrawal from the personal leave bank if the withdrawal would reduce the bank balance to zero (0).

 X.The Treasurer shall compile all requests and submit them to the PLBC. The PLBC shall act upon all pending requests in the order in which such completed applications (including health care providers statement specifying nature of illness or disability and anticipated duration) were delivered to the Treasurer. The PLBC may approve, reject, or approve in part any application and will notify the requesting employee of the decision. The chairperson shall maintain written minutes of any actions by the PLBC and submit all approved withdrawal requests to the payroll department for appropriate action and record maintenance.

 Y.Annually, the PLBC may determine by a majority vote any revisions to this policy that are necessary; the proposed revisions shall be submitted to the Superintendent for his/her consideration. If the Superintendent agrees with the revisions, s/he will recommend the revisions to the Board of Education for consideration/action.

W. Va. Code 18A-4-10