The purpose of the Sick Leave Bank as provided for in the Master Agreement is to offer income protection to contributing members who must be absent from their jobs for an extended period or who must be frequently absent because of prolonged or continuing illness beyond their normal control, or incapacitating accident.
Sick Leave Bank Enrollment
A. Any member of the bargaining unit who elects to participate in the Sick Leave Bank must contribute one day of the member's sick leave to the Sick Leave Bank to qualify for Bank membership. Members shall automatically be enrolled into the Sick Leave Bank unless they opt-out. Members not wishing to participate shall complete a Sick Leave Bank Unenrollment form by the first Friday in October or within 30 calendar days after their first day of employment.
B. Sick Leave Bank replenishment shall occur on the first Friday in October of each school year. Notice of replenishment shall be sent to all bargaining unit members by September 1st of each school year. The notice shall include the rules of the Sick Leave Bank, membership qualifications, and how to opt-out.
C. New hires and teachers returning from leave will be informed of the Sick Leave Bank by the Human Resources Office at the time of their orientation interview provided, however, it shall be the responsibility of the teacher to report to the Human Resources Office for such orientation interview. New hires shall automatically be enrolled into the Sick Leave Bank unless they opt-out. New hires not wishing to participate shall complete a Sick Leave Bank Unenrollment form within 30 calendar days after their first day of employment to unenroll.
D. Teachers who are drawing days from the Sick Leave Bank at the time a call is made for replenishment of the bank will be continued as members of the bank. Teachers who have exhausted their current and accumulated sick leave at the time a call is made for replenishment of the bank will be continued as members of the bank provided, they agree to contribute a day to the bank on the first day of the new school year next following.
E. Teachers returning from authorized leave during the time a call is made for replenishment of the bank and the deadline for contributing will be 30 calendar days from the date their employment resumes to opt out of contributing to the bank.
F. A Sick Bank replenishment shall not take place if the balance of the Sick Bank Leave is two times or greater than the number of eligible members in the unit.
G. Teachers who elect not to continue opting out of their membership in the Sick Leave Bank may rejoin the bank by contributing one day of their accumulated sick leave to the bank only during the following times:
a. As outlined in Paragraph A
b. If a replenishment is required at any other time as outlined in Paragraph EE.
H. Contributing members may apply for withdrawal from the Sick Leave Bank for reasons of prolonged or continuing illness or incapacitating accident of the contributing member in accordance with the Sick Leave Bank rules. Approved Sick Leave Bank withdrawals may only begin upon depletion of accumulated sick leave.
Sick Leave Bank Use
I. An applicant must apply for withdrawal on a Request for Withdrawal Form within five (5) 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.
J. Request for Withdrawal forms are to be made with the Human Resources Office; hr@nashua.edu
K. 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.
L. Serious extended illness or an incapacitating accident is defined as an illness or accident requiring continuous absence from work for ten (10) or more working days.
M. In all instances, a statement by a licensed physician must be submitted to HR to accompany a withdrawal request. 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.
N. 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.
O. 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.
P. In instances where withdrawals are granted for a chronic or recurring illness, or for required medical treatment that is unavailable other than during normal work 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.
Q. No withdrawals may be granted during the period an eligible member is on an authorized leave of absence.
R. Withdrawals shall be granted only for scheduled working days missed because of prolonged or continuous illness, or an incapacitating accident.
Member Entitlement
For a single prolonged or continuing illness, or incapacitating accident, or a single work year:
S. Add columns 1, 2, and 3 to get the total member entitlement, but in no instance may the total exceed 120 days
Brianne Biastoff
Michelle Cohen
T. Each Bank member will be entitled to 15 days in addition to the member entitlement shown above but in no instance to exceed 120 days.
U. The initial grant of sick leave days by the Bank Committee to an eligible member for a single prolonged or continuing illness or incapacitating accident shall not exceed 60 school days or the maximum number of days to which the member is entitled whichever is less.
V. Upon depletion of the initial grant, additional Bank days may be granted for the same single illness or accident by the Bank Committee upon demonstration of need by the applicant, total days granted from the Bank not to exceed the following limits:
a. For a single prolonged or continuing illness or incapacitating accident: member's maximum entitlement.
b. In any school year regardless of the number of prolonged or continuing illnesses or incapacitating accidents the eligible member may suffer: member's maximum entitlement.
W. 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.
X. 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 a serious extended illness, or incapacitating accidents.
Y. Contributions must be made within thirty (30) calendar days from the date the person begins employment or within thirty (30) calendar days of a call for replenishment of the Bank. The initial contribution of participating members shall be one (1) day, with subsequent contributions of one (1) day for each call for replenishment. All contributions shall be voluntary.
Z. A member may withdraw sick days from the Bank only after:
a. exhausting his or her individual accrued sick leave;
b. receiving the approval of the Committee.
However, withdrawals shall be retroactive to the first working day following the exhaustion of accrued sick leave benefits.
Sick Leave Bank Committee Action
The operation of the bank and withdrawals therefrom shall be carried out by a Committee of two (2) teachers selected by the UNION and one administrator selected by the Superintendent which shall furnish written records of deposits and withdrawals to the Superintendent. The Committee shall establish its rules, regulations, and forms and may require substantiating medical documents, and in all cases, the decision(s) rendered by the Committee shall be final and binding. The Sick Leave Bank Committee shall furnish the Superintendent with written records of sick leave bank deposits and withdrawals. The Committee shall:
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;
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
The Union and the District
AA. The District shall provide to the Union the balance of the Sick Leave Bank on September 1st, December 1st, March 1st, and June 1st of each year. The Union shall have the right to request a balance of the Sick Leave Bank at any other time.
BB. Should replenishment be required at any other time during the school year, it shall be mutually agreed upon by the Union and the District. The process for an additional replenishment shall follow the process as outlined in Article 6:2 A. The dates of additional replenishment shall be mutually agreed upon by the Union and the District.
CC. A special replenishment call allowing members to contribute multiple days to the Sick Leave Bank shall be permitted upon mutual agreement of the Union and the District. This special replenishment call shall not impact a member’s membership in the Sick Leave Bank. This special replenishment shall only be permitted by current members of the Sick Leave Bank.
DD. Nothing contained herein shall violate the existing Collective Bargaining Agreement, Board of Education policies, or local, state, or federal laws.
Approved by the Nashua Board of Education: 05-28-2024