City of St. Louis Department of Personnel Administrative Regulation NO. 139

SICK LEAVE BANK PROGRAM

I. AUTHORITY:

The Compensation Ordinance provides that the Director of Personnel may establish or authorize the creation of a Sick Leave Bank Program, and issue regulations and/or guidelines necessary for implementation.

II. PURPOSE:

The purpose of this administrative regulation is to establish a Sick Leave Bank for employees in the classified service. Under the regulation, an employee who is faced with a personal illness or medical condition that requires a prolonged absence from work, and whose paid leave balance is insufficient to cover the period of absence, may apply for paid sick leave through the Sick Leave Bank Program.

III. DEFINITIONS:

For the purpose of this administrative regulation, the following definitions will apply:

"Employee" means a person who occupies a permanent full-time position in the classified service, and who has been continuously employed in the City Service for a minimum period of one (1) year.

"Leave Recipient" means an employee whose request for sick leave has been approved in accordance with the provisions of this regulation.

"Leave Donor" means an employee whose request to donate sick leave has been approved in accordance with the provisions of this regulation.

"Program Year" means the twelve (12) month period commencing with the initial granting of leave from the Sick Leave Bank Program.

1. An employee with a personal illness or medical condition that requires an absence from work for a period of forty (40) or more hours, and whose sick leave and vacation leave balances are not sufficient to cover the period of absence, may apply to the Sick Leave Bank Program for paid sick leave. All requests for sick leave from the Sick Leave Bank Program must be supported by a completed and signed Certification of Physician or Practitioner form. The documentation should include nature of illness and reason for absence, as well as anticipated return to duty. Please note that sickness in family is not covered under the Sick Leave Bank Program.

2. The maximum number of sick leave hours an employee may be granted through the Sick Leave Bank Program during any twelve (12) month period is four hundred and eighty (480) hours.

3. Sick leave granted through the Sick Leave will be added to the leave recipient’s sick leave balance and shall only be used after the employee has exhausted accrued sick leave and vacation leave. The employee may wish to use accrued compensatory time, but may not be forced to do so.

4. All sick leave granted through the Sick Leave Bank Program will be in whole hours.

5. Sick leave may be donated to the general account of the Sick Leave Bank, a specific employee, or both. Donations will be accepted only in whole hours.

6. Sick leave that is not used by an employee to whom it was donated will be transferred to the general account of the Sick Leave Bank or the donor’s account at the discretion of the donor (see attached Sick Leave Bank Donor form). If the donor is no longer employed by the City of St. Louis, the unused donated balance will be transferred to the general account of the Sick Leave Bank.

7. Employees separating from the City Service may not donate their sick leave balance to an employee or to the Sick Leave Bank.

Employees who wish to apply for sick leave through the Sick Leave Bank Program must meet the requirements below:

1. Must have a personal illness or medical condition that requires an absence from work for a period of forty (40) or more hours. The illness or medical condition must require more time off from work than the employee’s accrued sick leave and vacation balances will cover.

2. Must have at least one (1) year of continuous employment in the classified service.

3. Must not have received a disqualifying disciplinary action during the twelve month period immediately preceding the request for sick leave. Disqualifying disciplinary actions include one or more suspensions totaling five (5) calendar days or more, disciplinary reductions in pay equal to five (5) days or more, disciplinary demotions, and denial by their appointing authority of sick leave privileges.

4. Must not be eligible for temporary total disability payments under state workers’ compensation law, and/or disability leave payments under the compensation ordinance, and Department of Personnel Administrative Regulation No. 104.

VI. PROCEDURE FOR REQUESTING LEAVE:

The steps listed below will be followed when processing sick leave requests under the Sick Leave Bank Program:

1. An eligible employee who wishes to request sick leave through the Sick Leave Bank Program must complete a Sick Leave Bank Application form and Certification of Physician or Practitioner form and submit it to his or her appointing authority.

2. Applications for sick leave through the Sick Leave Bank Program will be reviewed by the applicant’s appointing authority within three (3) working days of receipt to (a) ensure that the applicant meets the eligibility requirements listed under Section V, and all other requirements of the regulation.

NOTE: If the illness or medical condition is a qualifying event under FMLA, the employee must be promptly informed by the appointing authority, and advised in writing that all leave granted through the Sick Leave Bank Program will be credited toward the City’s obligation to provide leave under FMLA.

(a) If the application is incomplete or the employee does not meet the eligibility requirements, or the application is otherwise disapproved by the appointing authority, the appointing authority must advise the employee in writing of the reason(s) for the disapproval.

3. Applications for sick leave that have been approved by an appointing authority will be sent to the Department of Personnel, Personnel Services Section and reviewed for accuracy and the completeness within three (3) working days of receipt.

(a) If an employee is requesting time from the Sick Leave Bank general account, a copy of the approved Sick Leave Bank Application form must be submitted. If there is sufficient leave in the bank, the Department of Personnel will notify the appointing authority, complete the required Vacation/Sick Leave/CT Adjustment form and forward it to the Payroll Section of the Comptroller’s Office. A copy of the Vacation/Sick Leave/CT Adjustment form will be forwarded to the appointing authority.

(b) If there is sufficient leave donated to the employee’s account, the sick leave will be granted, and the employee will be notified by the appointing authority. The required Vacation/Sick Leave/CT Adjustment form will be prepared by the requesting employee’s department. A copy of the Sick Leave Bank Application and Sick Leave Bank Donor Forms must be forwarded to the Department of Personnel. Additionally, the appointing authority will add the leave to the recipient’s sick leave balance on any internal records at the department level and will maintain a record of the employee’s use of any sick leave granted through the Sick Leave Bank Program. Any unused sick leave must be either returned to the donor or the Department of Personnel must be notified if it is to be deposited in the Sick Leave Bank general account.

(c) If any of the above mentioned forms are inaccurate or incomplete, or if there is not sufficient leave in the Sick Leave Bank general account or donated to the employee’s account, the request for sick leave will be denied and the employee so notified by the appointing authority.

VII. LEAVE DONOR ELIGIBILITY:

Employees who wish to donate sick leave to the Sick Leave Bank Program must maintain a minimum balance of 240 hours. During the program year, an eligible employee may donate up to four hundred eighty (480) hours of his or her sick leave balance to the Sick Leave Bank Program, (either the general account, specific employee or both) provided the donation does not cause the donor employee’s sick leave balance to fall below two hundred forty (240) hours.

VIII. PROCEDURE FOR DONATING LEAVE:

The steps listed below will be followed when processing sick leave donations to the Sick Leave Bank Program:

1. An employee who wishes to donate sick leave must complete a Sick Leave Bank Donor form and submit it to his or her appointing authority. The donor employee must specify the number of hours to be donated, and how these hours are to be applied (i.e., to the general account of the Sick Leave Bank, a specific employee, or both). The maximum number of hours which may be donated during any twelve month period is four hundred eighty (480) hours.

2. The appointing authority must review the Sick Leave Bank Donor form within three (3) working days of receipt to ensure that (a) the form is complete, and (b) the employee meets the eligibility requirements for donors. Note: If the form is incomplete, the appointing authority must return it to the employee noting any omissions.

(a) If the employee is eligible to donate sick leave and the donation does not reduce the donor’s sick leave balance below 240 hours, the appointing authority must approve the donation, and forward the Sick Leave Bank Donor form to the Personnel Services Section of the Department of Personnel.

(b) If the employee is not eligible to donate sick leave or the amount of sick leave to be donated reduces the employee’s sick leave balance below 240 hours, the appointing authority must disapprove the donation and advise the employee in writing of the reason(s) for the disapproval.

3. The Personnel Services Section of the Department of Personnel will review the Sick Leave Donor form for completeness within three (3) working days of receipt.

(a) If the form is complete and approved by the appointing authority, the donor will be notified in writing that the donated leave will be added to the general account of the Sick Leave Bank Program or the sick leave balance of the employee to whom the leave is to be donated, or both, whichever is appropriate. The appointing authority will notify the donor of the approval. Additionally, the donor’s appointing authority will deduct the donated leave from the donor’s sick leave balance on any internal records maintained at the department level.

(b) If the form is inaccurate or incomplete, it will be returned to the appointing authority noting any error or omission.

4. The Department of Personnel has received several complaints from city employees who have been asked to donate their leave, and felt pressured to donate. The Department of Personnel feels this is a very good program for city employees who need it and would hate to see it have to be abolished because of employees feeling pressured to donate their leave. Therefore, it is the responsibility of the appointing authority to insure that this does not occur in their departments. If an employee needs time, they should request the appointing authority in writing to post a notice that the employee is requesting donations of sick leave and if any employee is interested in donating sick leave they can secure the appropriate forms from the payroll clerk.

Questions concerning the Sick Leave Bank Program should be directed to the Personnel Staffing Section of the Department of Personnel at 622-3251.

DEPARTMENT OF PERSONNEL

William C. Duffe
Director

Revised: December 31, 2001
Effective: January 2, 2002

Distributed to: Department Heads, Appointing Authorities, Management and Payroll Personnel

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