Sick Leave Bank 4-45.2

School Board of the City of Virginia Beach
Regulation 4-45.2

PERSONNEL

Sick Leave Bank

The Sick Leave Bank is maintained by the Department of Human Resources to be used when a member is incapacitated due to personal illness or injury. The Sick Leave Bank will remain in effect as long as at least one-third of benefit-eligible employees agree to participate in accordance with the provisions of this Regulation.

All employees utilizing the Sick Leave Banks shall have said leave credited to Family Medical Leave as described by the Family Medical Leave Act.

1. Membership

   All interested benefit-eligible employees may elect to enroll in the Sick Leave Bank. Membership in the Sick Leave Bank shall be voluntary.

   When employees under the Virginia Retirement System (VRS) Hybrid Plan reach the one-year eligibility waiting period to utilize the Virginia Local Disability Program (VLDP), they are no longer eligible to participate in the Sick Leave Bank. This restriction is due to the additional leave benefits they receive from the VLDP.

2. Enrollment Period

   An employee may enroll within the first thirty (30) days of employment. A benefit-eligible employee who does not enroll when first eligible may do so between any subsequent August 1 and October 15 period by submitting an application for Sick Leave Bank membership to the Department of Human Resources An eligible VRS Plan 1 or Plan 2 employee may enroll in the Sick Leave Bank by donating the hourly equivalent of two (2) workdays of sick leave. Because they are only eligible to participate during their first year of employment, Hybrid employees may enroll by donating the hourly equivalent of one (1) workday of sick leave.

3. Coverage/Eligibility

   To be eligible to access the Sick Leave Bank for personal illness or injury, the member must first:

   1. Provide the required medical certification identifying the nature of the illness/injury to the Office of Employee Relations;
   2. Cover the minimum hourly equivalent of thirty (30) workdays for the related illness/injury, with his/her accumulated leave or leave without pay. This requirement may be met in those cases in which the hourly equivalent of thirty (30) workdays of absence, although not consecutive, for the same illness/injury occur during the previous twelve (12) months;
   3. Deplete all accumulated sick leave, personal leave, and annual leave, including accruals and beginning of the school year leave loads, if applicable (See section H below).

   Hours drawn from the Sick Leave Bank for any one period of eligibility must be due to the same illness or injury. Recurrence or relapse of the original illness within twelve (12) months will qualify under this Regulation. Otherwise, members must meet the requirements of this subsection before becoming eligible to utilize Sick Leave Bank benefits again. Use of the Sick Leave Bank during the period of childbirth is subject to Regulation 4-45.1.

4. Maximum Usage

   A maximum of the hourly equivalent of 50 workdays within a 12-month period may be drawn from the Sick Leave Bank. The 12-month period begins on the date the bank is initially accessed.

5. Assessment

   Members will be assessed an additional contribution of the average hourly equivalent of two (2) workdays at such time as the Sick Leave Bank is depleted to the average hourly equivalent of five hundred (500) workdays unless they choose not to participate further in the Sick Leave Bank.

6. Repayment

   No repayment of days is required.

7. Termination or Withdrawal From Bank

   Upon termination of employment, or withdrawal from the Sick Leave Bank, a participating employee will not be permitted to withdraw their contributed hours.

8. Adjustments

   The Department of Human Resources reserves the right to adjust front-loaded sick leave, personal reasons leave, and accruals of annual leave to prevent an overpayment of Sick Leave Bank days.

Legal Reference

The Family Medical Leave Act, 29 U.S.C. § 2602 et seq., as amended.

Related Links

School Board Regulation 4-45.1
School Board Regulation 4-45.6
School Board Regulation 4-55.1
School Board Regulation 4-45.4

Approved by Superintendent: July 16, 1991
Revised by Superintendent: September 15, 1992
Revised by Superintendent: January 18, 1994
Revised by Superintendent: December 13, 2002
Revised by Superintendent: November 29, 2017 to be effective January 1, 2018
Revised by Superintendent: June 30, 2023