The Collective Bargaining Agreement authorizes the Clerical Sick Leave Bank in order to offer income protection to contributing employees who must be absent from their jobs for an extended period because of serious extended illness or incapacitating accident. A copy of the relevant provision of the Collective Bargaining Agreement is attached.
As stated in the Master Agreement (Article VI: 6:1):
… “A Sick Leave Bank shall be maintained in accordance with this Article for participating members who have exhausted their individual accrued sick leave as a result of serious extended illness, incapacitating accidents, or maternity leave.” …
A. Sick Leave Bank Use
Any eligible employee may elect to participate in the Sick Leave Bank by making an initial contribution of two (2) days, from the employee’s sick leave days, within 30 calendar days after: (1) the date the person begins employment, or (2) the call for replenishment.
I. a. An applicant must apply for withdrawal on a Request For Withdrawal Form within five working days from the date on which the applicant could reasonably have known the illness was continuing, or prolonged, or that the accident was incapacitating.
b. Request for Withdrawal Forms are available from:
Human Resources Office
Nashua School District
Administrative Office Building
141 Ledge Street
Nashua, New Hampshire 03060
c. The decision of the Sick Leave Bank Committee, as to the reasonable date of first knowledge, shall be final. Failure to apply within the required period may result in an automatic rejection of the application.
d. An applicant, for the purpose of physical disability due to maternity, shall apply to the Sick Leave Bank Committee two (2) months prior to the due date.
II. Serious extended illness or an incapacitating accident are defined as an illness or accident requiring continuous absence from work for ten (10) or more working days.
III. In all instances, a statement by a licensed physician must accompany a request for withdrawal. That statement shall specify:
a. the nature of the illness or incapacitating accident;
b. the date of the initial occurrence of the illness or incapacitating accident;
c. that the individual is medically unable to perform his/her normal job responsibilities; and,
d. the anticipated period during which the individual will be medically unable to perform his/her normal job responsibilities.
IV. The Sick Leave Bank Committee may require periodic statements from a licensed physician specifying the current status of the illness or incapacitating accident, that the eligible member is unable to resume his/her normal job responsibilities because of that illness or accident and the anticipated period during which the individual will be medically unable to perform his/her normal job responsibilities.
V. In no instance shall the physician's estimate, as to the period during which the individual may be medically unable to perform his/her normal job responsibilities, be considered binding, nor shall physical incapacity in excess of the estimated time jeopardize the individual's request for additional Sick Leave Bank withdrawals.
VI. In instances where withdrawals are granted for a chronic or recurring illness, or for required medical treatment that is unavailable other than during normal school hours for an illness or accident, adequate documentation must be supplied by the individual making the withdrawal that the absence was due to a chronic or recurring illness or for required medical treatment that is unavailable other than during normal work hours.
VII. No withdrawals may be granted during the period an eligible member is on an authorized leave of absence.
VIII. Withdrawals shall be granted only for scheduled working days missed because of prolonged or continuous illness, or an incapacitating accident.
B. Sick Leave Bank Committee Action
The Sick Leave Bank Committee shall furnish the Superintendent written records of Sick Leave Bank deposits and withdrawals. The Committee shall:
A. meet at the call of the Director of Human Resources within ten (10) working days of the receipt of a duly executed Request for Withdrawal;
B. render a decision on a Request for Withdrawal within ten (10) working days of the date all documentation and information, requested by the Sick Leave Bank Committee, has been submitted to the Director of Human Resources;
C. Member Entitlement
I. For a single prolonged or continuing illness, or incapacitating accident, or for a single school year:
A. After the initial contribution of two (2) days to the Clerical Sick Leave Bank, commencing on September 1, 1999, each member will be credited with four (4) Sick Leave Bank days. Additionally, each participating member will be credited with two (2) additional days for each subsequent day which is contributed to the Clerical Sick Leave Bank. Each participating employee will also contribute one (1) day to the Sick Leave Bank at the beginning of the second school year following the implementation of this Clerical Sick Leave Bank. Further, each participating member shall be credited with ten (10) Sick Leave Bank days for each employment year (commencing with the 1999 - 2000 work year as the first year of this program) worked in the Nashua School District up to and including twenty (20) years. (Experience in the Nashua School District prior to the 1999 – 2000 work year will not be credited for this purpose.)
B. Total accumulated Sick Leave Bank days may not exceed:
Schedule I Secretaries: 165 days;
Schedule II Secretaries: 142 days;
Schedule III Secretaries: 68 days.
C. Any member of the Bargaining Unit who elects to continue participation in the Sick Leave Bank must contribute an additional day of the member's sick leave to the Sick Leave Bank within 30 calendar days from the date of notice. Employees, who elect not to continue their membership in the Sick Leave Bank, may rejoin the Sick Leave Bank by contributing one (1) day of their accumulated sick leave to the Sick Leave Bank within 30 calendar days of a call for replenishment of the Sick Leave Bank as provided in Article 6:2 of the Master Agreement.
D. The initial grant of Sick Leave Bank days, by the Sick Leave Bank Committee, to an eligible employee for a single prolonged or continuing illness or incapacitating accident shall not exceed:
Schedule I Secretaries: 82 days;
Schedule II Secretaries: 71 days;
Schedule III Secretaries: 34 days.
E. Upon depletion of the initial grant, additional Sick Leave Bank days may be granted for the same single illness or accident by the Sick Leave Bank Committee upon demonstration of need by the applicant. The total days granted from the Sick Leave Bank shall not exceed the following limits:
1. For a single prolonged or continuing illness or incapacitating accident:
-member's maximum entitlement, including the initial grant and any additional days.
2. In any work year, regardless of the number of prolonged or continuing illnesses or incapacitating accidents the eligible member may suffer:
-member's maximum entitlement, including the initial grant and any additional days.
Any rule contained herein shall be subject to change by the Sick Leave Bank Committee upon thirty (30) day's written notification to contributing members.
Nothing contained herein shall violate the existing collective bargaining agreement, Board of Education policies, or local, state or federal laws.
Ann Gauthier
Kim Palmer