49-5-808 - Use of bank.
49-5-808. Use of bank.
(a) The sick leave bank trustees shall administer the sick leave bank and approve or reject each request for additional sick leave. All actions of the trustees will require three (3) affirmative votes.
(b) The form and manner of application for use of leave from the bank shall be prescribed by the trustees.
(c) The trustees shall act either affirmatively or negatively on all applications within ten (10) calendar days of the application.
(d) Members of the sick leave bank shall be eligible to make application to the bank for sick leave only after having been a member of the bank for thirty (30) calendar days.
(e) A participant shall not receive any sick leave from the bank until after having exhausted all accumulated sick and personal leave, including all paid board extensions.
(f) The trustees may establish regulations restricting the number of days that may be withdrawn from the bank by one (1) member on account of one (1) illness, particularly any known illness existing at the time the teacher elected to participate in the bank.
(g) Grants of sick leave from the bank shall not be made to any member on account of any elective surgery or illness of any member of the participant's family, or during any period the member is receiving disability benefits from social security or the state or local teachers' retirement plan.
(h) Leave grants from the bank, approved by the trustees, shall not be more than twenty (20) consecutive days for which the individual applicant would have otherwise lost pay. Applicants may submit requests for extensions of such leave grants before or after their prior grants expire. The maximum number of days any participant may receive in any fiscal year is sixty (60). The maximum number of days any participant may receive as a result of any one (1) illness, recurring diagnosed illness or accident is ninety (90).
(i) In the event a member is physically or mentally unable to make a request to the sick leave bank for use of sick leave days, a family member or agent may file the request.
(j) If the trustees determine it necessary, they may require a physician's certificate of condition from any member requesting additional leave. Refusal to comply will result in denial of the pending request for use of sick leave days from the bank.
(k) Sick leave granted a member from the bank need not be repaid by the individual except as all members are uniformly assessed.
(l) All records of the sick leave bank shall be kept in or by the office of the school system that handles regular sick leave records. The trustees shall inform this office of all applications they approve and the amount of additional leave granted the member.
[Acts 1981, ch. 283, §§ 6-8; T.C.A., §§ 49-56-106 49-56-108; Acts 1990, ch. 713, §§ 3, 4; 1991, ch. 202, §§ 3, 4.]