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Handbook of Operating Procedures
Chapter 4 - Personnel - General
Publication Date: September 26, 2013
Policy Reviewed Date: February 17, 2022
Policy Owner: VP for Business Affairs


4.26 Sick Leave Pool


I. POLICY STATEMENT


The University of Texas at San Antonio (UTSA) has established a program that allows benefits-eligible employees to voluntarily contribute to or request use of sick leave from a sick leave pool.   


II. RATIONALE


This policy ensures compliance with the Board of Regents’ Rules and Regulation 30203, Sick Leave Pool.  This pool is established to provide a source of additional sick leave for those employees who have exhausted all accrued annual and sick leave because of a catastrophic illness or injury.


III. SCOPE


This policy applies to all benefits-eligible employees who meet the following criteria:

  1. Has a catastrophic illness or injury to self or immediate family member.
  2. Exhausted all available leave time, to include compensatory time, floating holiday, sick leave and vacation leave due to catastrophic illness or injury to self or immediate family member.

This policy excludes any students holding a position for which student status is a requirement for employment. 


IV. WEBSITE ADDRESS FOR THIS POLICY


http://www.utsa.edu/hop/chapter4/4-26.html


V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS


UTSA or UT System Policies or the Board of Regents' Rules & Regulations

  1. UT System Board of Regents Rule 30203, Sick Leave Pool
  2. UTSA Handbook of Operating Procedures (HOP) policy 4.20, Authorized Leave

Other Policies & Standards

  1. Texas Government Code Section 661.002

VI. CONTACTS


If you have any questions about HOP policy 4.26 Sick Leave Pool, contact the following office:
           
Leave Administration
210.458.4250
hr@utsa.edu


VII. DEFINITIONS


Catastrophic illness or injury - A severe condition or combination of conditions affecting the mental or physical health of a benefits-eligible employee or the employee's immediate family member that requires the services of a licensed practitioner for a prolonged period of time and that requires the employee to exhaust accrued leave and to lose compensation from UTSA.

Benefits-eligible Employee - An employee of UTSA who is employed to work at least twenty (20) hours per week for a period of at least four and one-half  (4.5) months, excluding students holding positions for which student status is a requirement for employment.

Immediate family - An individual related by kinship, adoption, or marriage that lives in the same household, a foster child of the employee who resides in the employee's household and is under the conservatorship of the Texas Department of Protective and Regulatory Services, and a minor child of the employee regardless of whether the child lives in the same household;

Pool administrator - The person appointed to administer the sick leave pool at UTSA.

Sick leave pool or pool - The accumulated sick leave donated by benefits-eligible employees for utilization in accordance with this policy.


VIII. RESPONSIBILITIES


  1. Benefits-eligible Employee
    1. Contribution of hours - May choose to donate unlimited hours to sick leave pool in increments of 8 hours.
    2. Withdrawal of hours:
      1. Must have exhausted all other means of leave due to a catastrophic event or because of a previous donation of sick leave to the pool.
      2. Must submit an application form to the pool administrator. This must be accompanied by a statement from the treating licensed practitioner (see IX.A.1 below).
  2. Retiree
    1. Upon retirement, may designate the number of accrued sick leave hours to be donated to the sick leave pool. This may be in increments less than 8 hours.
  3. Supervisor of Benefits-eligible Employee with an approved sick leave pool withdrawal
    1. Benefits-eligible Employee absent on time withdrawn from the sick leave pool will be treated for all purposes as if the employee were absent on earned sick leave.
  4. Pool administrator
    1. Make decisions consistent with policies and procedures.
    2. Adopt forms appropriate for the administration of this policy.
    3. Credit the sick leave pool with the amount of time contributed by an employee and deduct a corresponding amount from the employee's earned sick leave.
    4. Process all applications in a first come first served basis.
    5. Upon approval of an application, determine the amount of time to be transferred from the pool to the employee.
    6. Upon approval of an application, transfer time from the pool to the employee.

IX. PROCEDURES


  1. Withdrawal of Leave from Pool
    1. A Benefits-eligible Employee will submit an application form to withdraw sick leave from the pool to the Sick Leave Pool Administrator (pool administrator).
      1. Application must be accompanied by a statement from the treating licensed practitioner of the illness or injury that resulted in the exhaustion of the accrued sick leave. The statement must provide sufficient information regarding the illness or injury to enable the pool administrator to evaluate the employee's eligibility.
    2. The pool administrator will consider applications in the order in which they are received. Decisions on applications will be done within ten (10) business days after receipt.
    3. Upon approval the pool administrator will determine the amount of sick leave to be assigned to a Benefits-eligible Employee. Considerations used are as follows:
      1. The information contained in the application;
      2. The number of applications pending;
      3. The amount of sick leave available in the pool;
      4. In no event may the sick leave allocated exceed ninety (90) business days or one-third (1/3) of the sick leave pool balance, whichever is less.
    4. Upon approval and after determining the amount of hours to assign, the pool administrator will coordinate with the Human Resources Department to transfer the hours from the pool to the Benefits-eligible Employee.
    5. Once transferred, the Benefits-eligible Employee may use the sick leave assigned from the pool in the same manner as accrued sick leave. The employee will be treated for all purposes as if he or she were absent on earned sick leave.
    6. The decision of the pool administrator is final and is not subjec tot an appeal process.
    7. The estate of a deceased employee will not be entitled to payment for unused sick leave assigned from the pool.
  2. Donation to the Sick Leave Pool
    1. Any employee that desires to contribute to the sick leave pool must submit an application form to the pool administrator.
    2. Employees may donate an unlimited amount of sick leave in increments of eight (8) hours.
    3. Sick leave contributions may not be designated for the use of a particular person.

X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION


None


XI. FORMS AND TOOLS/ONLINE PROCESSES


Sick Leave Pool Request

Sick Leave Pool Donate


XII. APPENDIX


None