POLICY 06:07:15

TRANSFER OF SICK LEAVE BETWEEN EMPLOYEES

This policy is consistent with Tennessee Board of Regents Policy 5:01:01:15

Purpose

In accordance with T.C.A. § 8-50-802, which became effective April 12, 1994, this policy
establishes guidelines and procedures for transferring sick leave to members of the Sick Leave
Bank who experience a continuing disability due to illness or injury.

Policy

1. Eligibility Criteria for Receiving Sick Leave
   1. In order to receive sick leave donated by another employee, all of the following
      criteria must be met.
   2. The recipient must
      1. Be a current member of the college’s sick leave bank(s);
      2. Have used all accumulated sick leave, annual leave, compensatory time,
         and any eligible leave amount through the Sick Leave Bank(s) for each
         separate serious illness or recurring diagnosed illness or accident;
      3. Have a continuing disability resulting from a serious personal illness or
         injury and be unable to work; and
      4. Not be receiving any other form of compensation including social security
         disability benefits, long term disability benefits, worker’s compensation
         benefits, or compensation through the State Retirement Plan or Sick Leave
         Bank.
   3. Before an employee is eligible to receive donated leave, their physician must
      provide current certification that the employee has a disability resulting from
      serious personal illness or injury and is unable to work.
      1. Upon receipt of such medical certification, the employee is eligible to
         receive up to 20 days of leave for which they would otherwise be without
         pay including holidays.
      2. Eligibility for additional increments of 20 working days may be based on
         current medical certification of the continuing disability.
      3. The maximum amount that may be transferred to an employee is limited to
         90 days for which the employee would otherwise not be paid as stated
         above.
      4. Transfer of sick leave to an employee may not be denied if all eligibility
         criteria are met.
   4. For regular full-time employees receiving transferred leave, a “day” is defined as
      7.5 hours for employees on a 37.5-workweek schedule.
   5. Regular part-time employees shall receive sick leave on a prorated basis equal to
      the percentage of their employment to full-time employment.
   6. Recipients shall continue to accrue leave and service in accordance with the
      provisions of the appropriate policies and guidelines, which shall be used prior to
      any donated leave.
2. Criteria for Donating Leave
   1. A donating employee is required to be a member of the Sick Leave Bank; unless,
      the employee is terminating employment with the College (ex., resignation,
      retirement, etc.). If the college has both Faculty and Staff Sick Leave Banks,
      employees may donate to members of both banks of the college. No transfers may
      be made beyond the college.
   2. In order to donate sick leave to a member of the Sick Leave Bank, an employee
      must have a current minimum balance of 20 sick leave days based on their accrual
      rate. (Example: 20 x 7.5 hours accrual rate = 150.0 hours.)
   3. In addition, the donor must agree to donate a minimum of 5 days of accrued
      leave. However, in the event the donor’s percentage of employment exceeds that
      of the recipient, the minimum donation will be based on the recipient’s accrual
      rate.
   4. Regular part-time employees will donate leave equal to their accrual rate.
      (Example: 10 days x 3.75 hours accrual rate = 37.50 hours.)
   5. The maximum amount of sick leave which an employee may donate during their
      employment or when terminating their employment at the college is the
      equivalent of 90 accrued days.
   6. An employee may donate more than one time to a single individual.
      1. The employee may not donate more than one-half of their leave balance in
         effect at the time of the initial transfer.
      2. For example, an employee with a leave balance of 200 hours may donate
         100 hours to a sick leave bank member.
      3. If the recipient only used 75 hours during the first occurrence, the donor
         could only give that same recipient a total of 25 hours at a later date.
3. Procedural Guidelines
   1. In order to facilitate sick leave transfer between employees, the following
      procedures should be followed:
      1. The donating employee (donor) must complete a form obtained through
         Human Resources stating the name of the recipient and the amount of
         leave being donated.
      2. This form must be signed by the donating employee and a representative
         of Human Resources.
      3. Upon completion, the donor should send the form to the office responsible
         for processing leave.
   2. Following verification that;
      1. The recipient is a member of the Sick Leave Bank;
      2. The donating employee is a member of the Sick Leave Bank and has
         sufficient sick leave to cover the donation; and
      3. The amount does not exceed one-half the donor’s current balance; the form
         will be approved by the appropriate official.
      4. A copy of the form will be placed in both the donor and recipient’s
         personnel files, and the original will be retained by the office of Human
         Resources.
   3. Donor forms will be date and time stamped in the order received.
      1. This will determine the order in which sick leave will be deducted from
         the donors’ sick leave balances where there are multiple donors for a
         single individual.
   4. The recipient’s supervisor will be notified of the amount of leave that has been
      donated.
   5. Before the initial transfer of leave is completed, the office processing leave will
      verify that the recipient has provided current certification from their health care
      provider that they continue to be unable to work.
      1. A current medical form may be required prior to the transfer of sick leave
         for every subsequent 20 days of donated leave.
   6. At the time of transfer, adjustment forms will be completed by the appropriate
      office.
      1. Prior to deducting leave from a donor, this office will verify that the donor
         has sufficient leave to cover the amount originally donated and also
         maintain the required balance.
      2. If less than the required amount is available, the leave donation is voided.
   7. Payment of the donated leave will be based on the recipient’s established rate of
      pay.
      1. However, this rate may be changed due to any pay increases which occur
         during periods of donated leave.
   8. Only the amount of leave which has been projected as necessary to cover each
      pay period will be transferred at any given time.
      1. If an employee has donated 10 days and only 4 days are required for the
         current pay period, only 4 days will be deducted during this pay period.
      2. If the disability continues into the next pay period, the remaining days will
         be deducted at the appropriate time.
   9. Sick leave may not be transferred retroactively beyond one month.
      1. For example, if no one has agreed to donate leave to an employee who has
         exhausted all of there Sick Leave Bank entitlements and has been placed
         on an approved leave of absence without pay, another employee may later
         donate sick leave to this employee.
      2. Retroactive payment for the value of this leave may not be extended
         beyond one month.
   10. Donated sick leave which has not been used by the recipient will be transferred to
       the Sick Leave Bank.
   11. If the donor terminates employment, retires, transfers to another institution or
       State agency, dies, or has an insufficient leave balance to meet the eligibility
       criteria; all responsibility to donate this leave is voided.
   12. The decision to donate sick leave to another individual should be a choice made
       freely by each employee.
       1. Any person attempting to unduly influence another employee to donate
          leave shall be subject to disciplinary action, and any prior agreement made
          to donate leave under these conditions shall be voided.

Sources: TBR Policy 5:01:01:15; T.C.A. §§ 49-8-203, 8-50-802

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Adopted by TBR December 9, 1994
Revised by TBR March 29, 1996 (Finance and Administration approval November 13, 1996)
Revised by TBR June 19, 1998
Revised by TBR March 28, 2008
Revised by TBR September 20, 2013.
Reviewed/Recommended: President’s Council, November 27, 2023
Approved: President L. Anthony Wise, Jr., November 27, 2023