West Virginia Code of State Rules › Agency 133 - Higher Education Policy Commission › Title 133 - LEGISLATIVE RULE WEST VIRGINIA HIGHER EDUCATION POLICY COMMISSION › Series 133-38 - Employee Leave › Section 133-38-5 - Sick and Emergency Leave

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Full-time employees shall accumulate sick leave at the rate of 1.5 days per
				month. All other employees shall accumulate sick leave in accordance with
				Section 2.1 of this rule.
5.2. Sick
				leave may be accumulated without limit.
5.3. Sick leave may be used by the employee
				when ill or injured or when in need of medical attention or when death occurs
				in the immediate family.
5.4. An
				employee may use sick leave for a member of the immediate family who is ill,
				injured, or in need of medical attention. Immediate family is defined as:
				father, mother, son, daughter, brother, sister, husband, wife, mother-in- law,
				father-in-law, son-in-law, daughter-in-law, grandmother, grandfather,
				granddaughter, grandson, stepmother, stepfather, step children, or others
				considered to be members of the household and living under the same
				roof.
5.5. Sick leave for more than
				five (5) consecutive days shall not be granted to an employee for illness
				without satisfactory proof of illness or injury, as evidenced by a statement of
				the attending physician or by other proof satisfactory to the institution. An
				employee having an extended illness or serious injury shall, before returning
				to duty, obtain satisfactory medical clearance to help ensure adequate
				protection and shall indicate the employee's ability to perform her/his duties.
				Such medical clearance shall be presented in writing.
5.6. The institution may require evidence
				from an employee for verification of an illness or other causes for which leave
				may be granted under this rule, regardless of the duration of the
				leave.
5.7. In cases, except those
				involving catastrophic sick leave as defined in Section 8.1, where all
				accumulated sick leave has been used and annual leave is available, it shall be
				the option of an employee either to use any accumulated annual leave until it
				has also expired, rather than being removed from the payroll, or to retain the
				accumulated annual leave for use after return to work, but be taken off the
				payroll immediately after the accumulated sick leave has expired.
5.8. On-the-job injuries or occupational
				illnesses which involve no more than three (3) days of disability leave or
				absence from work shall not be charged against the employee's accumulated sick
				leave as long as they are the next three (3) consecutive working days after
				injury or illness occurred. If on-the-job injuries or illnesses require a leave
				beyond the three-day period, it shall be the option of the employee either to
				use earned and accumulated sick and annual leave until both may be exhausted or
				to reserve for future use any earned and accumulated sick and annual leave and
				receive only Workers' Compensation benefits for which adjudged
				eligible.
5.9. Disabilities caused
				or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery
				therefrom shall be, for all job-related purposes, temporary disabilities and
				shall be treated the same as any other illness or disability would be treated
				for sick leave entitlement. For this reason, employees shall be entitled to
				sick leave for their disabilities related to pregnancy and childbirth on the
				same terms and conditions as they or other employees would be entitled for
				other illnesses and disabilities. In determining whether an employee is unable
				to work because of a disability related to pregnancy or childbirth, the same
				criteria shall be used as would be used in the case of another type of illness
				or disability.
5.10. Sick leave
				provisions are contingent upon continued employment. When the services of an
				employee have terminated, all sick leave credited to the employee shall be
				considered cancelled as of the last working day with the institution, and no
				reimbursement shall be provided for unused sick leave except in the event of
				retirement, in which case sick leave may be converted to insurance coverage or
				for provisions lawfully provided for at that time. Employees who resign in good
				standing and are later reemployed may have their total accumulated sick leave
				reinstated, provided the date of termination is one (1) year or less from the
				date of reemployment. However, if the employee returns to work after more than
				one (1) year from the date of termination, no more than 30 days of accumulated
				sick leave may be reinstated.