4.18.4 Sick Leave

A. Purpose

The purpose of this policy is to set forth rules governing employee sick leave.

B. Authority/Persons Affected

There is not a primary policy to which this policy responds. Persons affected: All employees

C. Definitions

“Immediate family” is defined as an individual who resides in the same household as the employee and is related to the employee by kinship, adoption or marriage; or a foster child of the employee who resides in the same household and who is under the conservatorship of the Texas Department of Protective and Regulatory Services; or a minor child of the employee, regardless of whether the child lives in the same household.

D. Policy and Procedures

1.  ELIGIBILITY

  1. All regular employees who are appointed a least 20 hours per week for a period of at least four and one-half (4½) months, excluding students employed in positions which require student status as a condition for employment earn and may use sick leave beginning on the first day of eligible employment and on the first day of each month thereafter.
    1. Eligible full-time employees accrue sick leave at a rate of eight hours per month. Hourly and part-time employees meeting the appointment criteria above will receive sick leave on a percentage basis for the time appointed.
    2. A regular employee will earn sick leave entitlement beginning on the first day of employment and will terminate on the last day of duty.
    3. Faculty members must submit prescribed leave forms for all sick leave even though no classes were missed if the absence occurred during the normal workday for regular employees. 
    4. No sick leave is earned while an employee is in an ineligible position. Any employee who transfers from a leave-eligible status to an ineligible status shall at the time of the transfer have all sick leave balances duly accrued “frozen.” Subsequently, should the employee return to a leave eligible status, he or she may commence to take the previous balances and accrue sick leave.
    5. If an employee is on any type of leave that extends into the next month, the employee is not eligible to utilize the accrued leave until the employee returns to work.
    6. If an employee is on any type of paid leave that extends into the next month, then separates from employment before returning to work, the employee is not entitled to accruals credited while on leave.
2.  PROCEDURE

  1. Use of sick leave
    1. Sick leave with pay may be taken for absences necessitated by sickness, injury, pregnancy and confinement. Sick leave also may be used when an employee is needed to care for a member of the employee’s “immediate family” who is ill. 
    2. Sick leave for members of the employee’s family who do not reside in the same household may be taken for a spouse, child, or parent provided there is a documented medical condition. 
    3. Sick leave may not be used to provide care of an employee’s parent-in-law, unless they live in the same household.
    4. An employee may utilize sick leave for the period following delivery and recovery associated with childbirth to the extent certified by the physician. A spouse may use sick leave to care for the spouse while she is recovering and/or if the child is ill. Sick leave may be used for the adoption of a child under the age of three, but is limited to the time necessary to recover from childbirth. 
    5. Employees may use up to eight (8) hours of accrued sick leave per fiscal year to attend parent-teacher conference sessions for the employee’s children who are students attending pre-kindergarten through the 12th grade. School sponsored activities includes, parent-teacher conference, tutoring, volunteer programs, field trips, class programs, school committee meetings, academic competitions, athletic, music, or theater programs. Documentation may be requested by the employee’s supervisor. (see 4.18.5, Authorized Paid Leave) 
  2. Payment, Restoration, or Transfer of Sick Leave
    1. A state employee who transfers directly from one state agency to another shall be entitled to credit with the newly employing agency for his or her accrued sick leave entitlement, provided the employment with the state is uninterrupted. 
    2. An employee laid off under a formal reduction-in-force policy shall have his or her sick leave balance restored if reemployed by the state within twelve months of termination. 
    3. An employee who separates from a State agency shall have the sick leave balance restored if reemployed by the state within twelve (12) months of termination, provided there has been a break in service of at least thirty calendar days since termination.
    4. Sick leave balance accrued prior to extended military leave is “frozen” until the employee returns to employment. No sick leave is earned during the extended military leave. 
    5. In the case of death of an employee who has an accrued sick leave balance, his or her estate will be paid for one-half (½) of the accrued sick leave balance or 336 hours, whichever is less. The payment shall be based on the number of eligible sick leave days duly accrued and accrued vacation leave as though the employee used this accrued leave starting the day after the date of death. If an official state holiday falls within this period, the number of days for which the estate is entitled to be paid is increased by the number of holidays that come within this period. The payment shall be calculated at the rate of compensation being paid the employee at the time of his or her death. 
    6. Negative balances of sick leave cannot be carried forward from one month to the next. Employees must be placed on leave without pay for hours overdrawn on sick leave. 
  3. Requesting Sick Leave
    1. In order to request and utilize sick leave with pay, an employee must comply with the following: 
      1. Report promptly to his or her supervisor the reason for his or her absence, and keep the supervisor informed of his or her condition as well as completing the proper sick leave form to obtain supervisory approval. 
      2. If absence is of more than three days’ duration because of sickness, injury or pregnancy, the employee will send to the supervisor a doctor’s certificate showing the cause or nature of the illness, or some other written statement which is acceptable to the supervisor. 
    2. The University may, at its discretion, require an employee to submit proof that any absence was necessary and due to illness or injury. The University may also require proof, before an employee returns to work, that he or she is physically fit to return. Any employee who is found to have obtained sick leave pay under false pretenses is subject to disciplinary action up to and including discharge. 
  4. Donation of Sick Leave
    1. An employee may donate sick leave to another employee at UT Tyler if:
      1. the recipient meets the eligibility requirements in Section D.
      2. the recipient has exhausted their own sick leave; and
      3. the recipient has applied for and exhausted any time he or she is eligible to withdraw from the Sick Leave Pool or has been denied approval of Sick Leave Pool utilization. Refer to policy 4.18.9 Sick Leave Pool
    2. An employee who receives sick leave donation may use it as provided in Section 2.1.
    3. An employee may not provide or receive remuneration or a gift in exchange for donated sick leave.
    4. The dollar value of the donated sick leave will be included in the donor’s income and UT Tyler will withhold taxes in accordance with IRS regulations.
    5. Human Resources will review all sick leave donation requests for approval.

E. Responsibilities

See Policy and Procedures section.

F. Review

This policy shall be reviewed by Human Resources every five years or as legislation changes.

ORIGINALLY APPROVED:  12/01/2001

LAST AMENDED:  07/06/2016