COMMITTEE SUBSTITUTE
FOR
H. B.2324
(By Delegate Ennis)
(Originating in the Committee on Education)
[February 22, 2007]
A BILL to amend and reenact §18A-4-10 of the Code of West Virginia,
1931, as amended; to amend and reenact §18A-4-10c of said
code; and to further amend said code by adding thereto two new
sections, designated §18A-4-10e and §18A-4-10f, all relating
to accrued and transferred personal leave for school
personnel; allowed and restricted uses for personal leave;
requiring county boards to establish certain personal leave
donation banks and programs; bank and program requirements and
limitations; requiring adoption of bank and program rules;
authorizing unlimited transfer of personal leave in certain
circumstances.
Be it enacted by the Legislature of West Virginia:
That §18A-4-10 of the Code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted; that
§18A-4-10c of said code be amended and reenacted; and that said code be further amended by adding thereto two new sections,
designated §18A-4-10e and §18A-4-10f, all to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-10. Personal leave for illness and other causes; leave
banks; substitutes.
(a) Personal Leave.
(1) At the beginning of the employment term, any full-time
employee of a county board of education shall be is entitled
annually to at least one and one-half days personal leave for each
employment month or major fraction thereof in the employee's
employment term. Unused leave shall be accumulative without
limitation and shall be is transferable within the state. A change
in job assignment during the school year shall in no way does not
affect the employee's rights or benefits.
(2) A regular full-time employee who is absent from assigned
duties due to accident, sickness, death in the immediate family, or
life threatening illness of the employee's spouse, parents or
child, or other cause authorized or approved by the board, shall be
paid the full salary from his or her regular budgeted salary
appropriation during the period which such employee is absent, but
not to exceed the total amount of leave to which such the employee
is entitled. Provided, That
(3) Each such employee shall be is permitted to use three days
of such leave annually which may be taken without regard to the cause for the absence. except that Personal leave without cause
may not be taken used on consecutive work days unless authorized or
approved by the employee's principal or immediate supervisor, as
the case may be: Provided, however, That appropriate. The
employee shall give notice of such leave day shall be given leave
without cause to the employee's principal or immediate supervisor
as the case may be at least twenty-four hours in advance, except
that in the case of sudden and unexpected circumstances, such
notice shall be given as soon as reasonably practicable. however
The use of such day may be denied principal or immediate supervisor
may deny use of the day if, at the time notice is given, either
fifteen percent of the employees or three employees, whichever is
greater, under the supervision of the principal or immediate
supervisor, as the case may be have previously notified the
principal or immediate supervisor given notice of their intention
to use that day for such leave. Provided further, That such leave
shall Personal leave may not be used in connection with a concerted
work stoppage or strike. Where the cause for leave had its origin
originated prior to the beginning of the employment term, the
employee shall be paid for time lost after the start of the
employment term. If an employee should use uses personal leave
which the employee has not yet accumulated on a monthly basis and
subsequently leave leaves the employment, the employee shall be is
required to reimburse the board for the salary or wages paid to him for such the unaccumulated leave. Prior to the first day of
January, one thousand nine hundred eighty-nine
(4) The State Board shall establish rules, effective on said
date maintain a rule to restrict the payment of personal leave
benefits and the charging of personal leave time used to an
employee receiving a workers' compensation benefit from a claim
filed against and billed to the employee's board. If an employee
is awarded such benefit, such the employee shall receive personal
leave compensation only to the extent such the compensation is
required, when added to the workers' compensation benefit, to equal
the amount of compensation regularly paid such the employee. If
personal leave compensation equal to the employee's regular pay is
paid prior to the award of the workers' compensation benefit, such
amount which, when added to the benefit, is in excess of the
employee's regular pay shall be deducted from the employee's
subsequent pay. The employee's accrued personal leave days shall
be charged only for such days as equal the amount of personal leave
compensation required to compensate the employee at the employee's
regular rate of pay.
(5) The county board may establish reasonable rules for
reporting and verification of absences for cause. and If any
error in reporting absences should occur it shall have occurs, the
county board has authority to make necessary salary adjustments:
(A) In the next pay after the employee has returned to duty; or
(B) In the final pay if the absence should occur occurs during
the last month of the employment term.
(b) Leave Banks.
(1) A Each county board of education may shall establish a
personal leave bank or banks to which employees that is available
to all school personnel. The board may establish joint or separate
banks for professional personnel and school service personnel.
Each employee may contribute no more than up to two days of
personal leave per school year. Provided, That such bank or banks
be established either jointly or separately for both professional
personnel and school service personnel and that a bank be available
to all school personnel. Such
An employee may not be coerced or
compelled to contribute to a personal leave bank.
(2) The personal leave bank shall be established and operated
pursuant to rules a rule adopted by the county board. Provided,
however, That such rules The rule:
(A) May limit the maximum number of days used by an employee;
(B) Shall require that leave bank days be used only by limit
the use of days to an active employee with less than five days
accumulated personal leave who is absent from work due to accident
or illness of such the employee; and
(C) Shall prohibit the use of such days with the extension of
days to:
(i) Qualify for or add to service for any retirement system
administered by the state; or
(ii) Extend insurance coverage pursuant to section twelve
thirteen, article sixteen, chapter five of this code. Such rules
(D) Shall require that contributions shall reduce, to the
extent of such contribution each personal leave day contributed:
(i) Deducted from the number of personal leave days to which
an the contributing employee is entitled by this section; Provided
further, That such contribution shall not reduce
(ii) Is not deducted from the personal leave days without
cause to which an a contributing employee is entitled An employee
may be compelled to contribute to such personal leave bank if
sufficient general personal leave days are otherwise available to
the contributing employee;
(iii) Is credited to the receiving spouse as one full personal
leave day; and
(iv) May not be credited for greater or less than a full day
by calculating the value of the leave according to the hourly wage
of each spouse.
(3) The administration, subject to county board approval, may
use its discretion as to the need for a substitute where limited
absence may prevail, when an allowable absence does not:
(i) Directly affect the instruction of the pupils or when
students; or
(ii) Require a substitute employee may not be required because
of the nature of the work and the duration of the cause for the
allowable absence. of the regular employee the administration,
subject to board approval, may use its discretion as to the need
for a substitute where limited absence may prevail.
(4) If funds in any fiscal year, including transfers, are
insufficient to pay the full cost of substitutes for meeting the
provisions of this section, the remainder shall be paid on or
before the thirty-first day of August from the budget of the next
fiscal year. Any
(5) A county board of education shall have has authority to
supplement such the leave provisions in any manner it may deem
considers advisable in accordance with applicable rules of the
State Board and the provisions of this chapter and chapter eighteen
of this code.
§18A-4-10c. Personal leave banks for care givers.
(a) For the purposes of this section:
(1) "Care giver" means any employee of a county board who:
(A) Is a spouse, child or parent of any employee who meets
the following qualifications:
(i) He or she is an employee of Is employed by the same
county board of education as the care giver; and
(ii) He or she Currently is eligible to receive benefits
from the a personal leave bank established in pursuant to section ten of this article; or
(B) Is a parent of a dependent child who is suffering from a
catastrophic illness or injury medical emergency;
(2) "Catastrophic illness or injury medical emergency" means
a medical or physical condition that incapacitates a family member
of the care giver and results in the care giver being required to
take time off from work as defined by the rules of the county board
to care for the family member.
(b) A county board of education may shall establish a
personal leave bank for care givers which that is:
(1) Available to all school personnel;
(2) Separate from any personal leave bank as defined in
section ten of provided in this article; The personal leave bank
shall be and
(3) Operated pursuant to rules a rule adopted by the county
board. which
(c) The rule shall include, but is not be limited to, the
following:
(1) An employee may contribute no more than up to two days of
personal leave per school year;
(2) The bank shall may be established either jointly or
separately for both professional personnel and school service
personnel; and shall be available to all school personnel
(3) The rules rule may limit the maximum number of days used by a care giver;
(4) Where the A care giver who is caring for an absent
employee as defined in paragraph (A), subdivision (1), subsection
(a) of this section, the rules shall require that may use leave
bank days be used only by a care giver who is absent from work
during the same time period as the absent period of absence as that
of the absent employee for whom care is being provided; and
(5) The rules shall require that the care giver is an active
employee with less than five days accumulated personal leave.
(c) The use of these days by the care giver for the extension
of A care giver may not use leave bank days to:
(1) Qualify for or add to service for any retirement system
administered by the state; or
(2) Extend insurance coverage pursuant to section twelve
thirteen, article sixteen, chapter five of this code;
(d) Contributions shall reduce, to the extent of the
contribution Each personal leave day contributed:
(1) Is deducted from the number of personal leave days to
which a the contributing employee is entitled by section ten of
this article; Provided, That the employee's contribution may not
reduce the
(2) Is not deducted from the number of entitled personal
leave days without cause to which the contributing employee is
entitled
if sufficient general personal leave days are otherwise available to the contributing employee
;
(3) Is credited to the receiving spouse as one full personal
leave day; and
(4) May not be credited for greater or less than a full day
by calculating the value of the leave according to the hourly wage
of each spouse
.
(e) No An employee may not be coerced or compelled to
contribute to a personal leave bank.
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-10e. Transfer of accumulated personal leave between
spouses.
(a) Any employee whose spouse is also employed by the same
county board may transfer an unlimited number of accrued personal
leave days to his or her spouse.
(b) The personal leave may be transferred only if the
receiving spouse is absent due to a catastrophic medical emergency,
and has exhausted all personal leave and other paid time off. A
catastrophic medical emergency is a medical or physical condition
that:
(1) Incapacitates the receiving spouse or an immediate
family member for whom the receiving spouse will provide care;
(2) Requires the prolonged absence of the receiving spouse
from duty; and
(3) Results in a substantial loss of income to the receiving spouse because he or she has exhausted all personal leave and other
paid time off; or
(4) Incapacitates an immediate family member of a receiving
spouse who is required to be absent from work for a prolonged
period of time to care for that family member.
(c) A receiving spouse:
(1) May use transferred personal leave days only for an
absence due to the purpose for which the leave was transferred; and
(2) May not use transferred personal leave days to:
(A) Qualify for or add to service for any retirement system
administered by the state; or
(B) Extend insurance coverage pursuant to section thirteen,
article sixteen, chapter five of this code.
(d) An employee may not be coerced or compelled to transfer
leave.
(e)
Each personal leave day contributed:
(i) Is deducted from the number of personal leave days to
which the contributing employee is entitled by section ten of this
article; and
(ii) Is not deducted from the number of personal leave days
without cause to which the contributing employee is entitled
if
sufficient general personal leave days are otherwise available to
the contributing employee;
(iii) Is credited to the receiving spouse as one full personal leave day; and
(iv) May not be credited for greater or less than a full day
by calculating the value of the leave according to the hourly wage
of each spouse.
§18-4-10f. Leave donation program.
(a) Definitions.
For the purposes of this section, the following words have
the meanings specified unless the context clearly indicates a
different meaning:
(1) "Catastrophic medical emergency" means a medical or
physical condition that:
(A) Incapacitates an employee or an immediate family member
for whom the employee will provide care;
(B) Is likely to require the prolonged absence of the
employee from duty; and
(C) Will result in a substantial loss of income to the
employee because he or she has:
(i) Has exhausted all accrued personal leave; and
(ii) Is not eligible to receive personal leave or has
exhausted personal leave available from a leave bank established
pursuant to this article;
(2) "Employee" means a professional educator or school
service personnel who is employed by a county board and entitled to
accrue personal leave as a benefit of employment;
(3) "Donor employee" means a professional educator or school
service personnel employed by a county board who voluntarily
contributes personal leave to another designated employee; and
(4) "Receiving employee" means a professional educator or
school service personnel employed by a county board who receives
donated personal leave from another employee.
(b) Leave donation program.
(1) In addition to any personal leave bank established
pursuant to this article, a county board shall establish a leave
donation program pursuant to which a donor employee may transfer
accrued personal leave to the personal leave account of another
designated employee. The county board shall adopt a rule to
implement the program.
(2) The rule shall set forth at least the following
conditions:
(A) The donor employee voluntarily agrees to the leave
transfer;
(B) The donor employee selects the employee designated to
receive the personal leave transferred;
(C) The receiving employee requires additional personal leave
because of a catastrophic medical emergency;
(D) The donated leave may not be used to:
(i) Qualify for or add to service for any retirement system
administered by the state; or
(ii) Extend insurance coverage pursuant to section thirteen,
article sixteen, chapter five of this code;
(E)
Each personal leave day contributed:
(i) Is deducted from the number of personal leave days to
which the contributing employee is entitled by section ten of this
article;
(ii) Is not deducted from the number of personal leave days
without cause to which the contributing employee is entitled
if
sufficient general personal leave days are otherwise available to
the contributing employee;
(iii) Is credited to the receiving spouse as one full
personal leave day; and
(iv) May not be credited for greater or less than a full day
by calculating the value of the leave according to the hourly wage
of each spouse; and
(F) An employee may not be coerced or compelled to contribute
to a leave donation program.
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