Chapter 4 - Personnel General
Publication Date: May 7, 2001
Responsible Executive: VP for Business Affairs
4.26 Sick Leave Pool
The following policy relating to a sick leave pool is established under the scope of The University of Texas System (UT System) policy and in response to Chapter 661, Texas Government Code.
Each component institution of the UT System shall establish a sick leave pool 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.
As used in this Policy:
- "Catastrophic illness or injury" means a severe condition or combination of conditions affecting the mental or physical health of an employee or the employee's immediate family 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 the State;
- "Employee" means a regular employee of a component institution of the University of Texas System or the University of Texas System Administration who is employed to work at least 20 hours per week for a period of at least four and one-half months, excluding students holding positions for which student status is a requirement for employment;
- "Immediate family" means 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;
- "Licensed practitioner" means a person who is licensed to practice in one of the health professions set forth in Article 3.70-2 of the Texas Insurance Code;
- "Pool administrator" means the person appointed to administer the sick leave pool at UTSA;
- "Sick leave pool" or "pool" means the accumulated sick leave donated by employees for utilization in accordance with this policy.
- Pool Administration
This policy shall be administered at UTSA by the pool administrator designated by the president.
- The pool administrator shall adopt forms and regulations appropriate for the administration of this policy.
- The decision of the pool administrator regarding contributions to and withdrawals from the pool shall be final.
- Sick Leave Pool
The sick leave pool shall consist of the sick leave voluntarily contributed to the pool by UTSA employees.
- An employee who desires to contribute sick leave to the pool must submit an application to the pool administrator.
- State employees are permitted to contribute an unlimited number of hours to the sick leave pool. These contributions must be in units of eight (8) hours. Retiring employees are also permitted to contribute to the sick leave pool.
- Upon approval of an application, the pool administrator shall credit the sick leave pool with the sick leave contributed by an employee and shall direct the Human Resources to deduct a corresponding amount from that employee's accrued sick leave.
- Sick leave contributed to the pool may not be designated for the use of a particular person.
- Although contributions are voluntary, employees who leave state employment should be encouraged to contribute to the pool.
- Withdrawal of Sick Leave from the Pool
Applications to withdraw sick leave from the pool must be submitted on the form prescribed by the pool administrator. An application must be filed with the pool administrator and must be accompanied by a statement from the licensed practitioner who treated the illness or injury that resulted in the exhaustion of the accrued sick leave of the employee making the application. The pool administrator will consider applications in the order in which they are received and will approve or deny an application within ten (10) working days after receipt.
- An employee is eligible to withdraw sick leave from the pool if the pool administrator finds that the employee has exhausted all accrued sick leave because of a catastrophic illness or injury or because of a previous donation of sick leave to the pool.
- In determining the amount of sick leave to be assigned to an eligible employee from the pool, the pool administrator shall take into consideration the information contained in the employee's application, the number of applications then pending, and the amount of sick leave available in the pool. In no event shall the sick leave allocated to an eligible employee from the pool exceed ninety (90) days or one-third (1/3) of the pool, whichever is less. Upon approval of an employee's application, the pool administrator shall notify the Human Resources office of the amount of sick leave to be assigned to the employee.
- The employee may use sick leave assigned from the pool in the same manner as sick leave accrued by the employee and shall be treated for all purposes as if the employee were absent on earned sick leave.
- The estate of a deceased employee shall not be entitled to payment for unused sick leave assigned from the pool.