ADMINISTRATIVE RULE NO: 6120-01

RELATED TO POLICY SERIES NO: 6120

TITLE: SICK LEAVE

PURPOSE
To define eligibility provisions and the administrative process for employees to access time off and compensatory relief related to absence from duty due to sickness or injury to the employee or a member of the employee's immediate family.  

STATEMENT

BARGAINING UNIT EMPLOYEES

Sick leave usage for employees who are subject to collective bargaining agreements shall be governed by those agreements; failing such provisions, Administrative Rules shall apply. 

NON-BARGAINING UNIT EMPLOYEES

Exceptions

Sick leave is an employee benefit that generally may not be used until it is accrued.  Exceptions may only be made with the expressed consent of the applicable Vice President.  

Sick leave shall not be considered available as "planned final leave" (leave just prior to separation from service), either in time or dollars, except as specifically allowed under AR 6060-02 Family and Medical Leave.

Employees may not receive sick leave pay and disability payments (from the college's long-term disability insurance carrier) for the same period of time.  

Allowable Usage:
Sick leave may be used for illness/injury related reasons such as the following:

  • If the employee is unable to work due to his or her own sickness, disability, or for appointments with a health care provider. The college may require employees who use their sick leave to obtain medical certification showing proof of the illness or injury. If the sick leave period is for an extended period of time, the employee must follow the procedures as outlined in Administrative Rule 6060-02: Family and Medical Leave.
  • If the employee is unable to work because he or she must care for a sick or injured immediate family or household member. “Immediate family” shall be defined as husband, wife, domestic partner, domestic partner’s children, father, mother, son, daughter, sister, brother, stepchild, grand-parent, parent-in-law, son-in-law, daughter-in-law, and any other member of the immediate household. It also includes any other eligible dependents for which leave has been granted to the employee under the Family and Medical Leave Act (FMLA) and the Oregon Family Leave Act (OFLA). 
  • To seek medical treatment, legal or law enforcement assistance, remedies to ensure health and safety, or to obtain other services related to domestic violence, sexual assault, harassment or stalking incidents to the employee or employee’s minor child or dependent.
  • For certain public health emergencies including closure by a public official of the employee’s place of business, school or place of care of the employee’s child, or a determination by a public health authority or health care provider that the presence of the employee or a family member presents a health risk to others.

ADMINISTRATION OF SICK LEAVE POLICY

  1. Employees are responsible for:
    1. Notifying their immediate supervisor, or other designated individual concerning their absence before the beginning of their work shift.
    2. Ensuring that timesheets accurately reflect sick leave used
    3. If required, providing satisfactory proof of medical condition and medical release to return to work.
    4. Whenever possible, employees should schedule medical or dental appointments outside of regular work hours. If this is not possible, employees should check with their supervisor in advance to schedule appointments at times with the least impact on the department/program.
    5. In the event of planned absences, it is expected the employee provide as much notice as possible.

  2. Supervisors are responsible for:

    1. Administering these provisions for employees under their supervision
    2. Ensuring that time sheets accurately reflect sick leave used
    3. Notifying Human Resources of absences that may qualify for FMLA/OFLA.
    4. Working with Human Resources to insure that appropriate medical certification and return-to-work releases are received.

USE OF SICK LEAVE WHILE RECEIVING WORKERS COMPENSATION BENEFITS
LBCC staff receiving time loss benefits due to an occupational injury or illness, compensable by the college’s workers' compensation insurance, will indicate the time loss compensation as leave without pay on their timesheet. Those hours not compensable by the college’s workers’ compensation carrier should be recorded as “sick leave” (if available).

The employee’s accrued sick leave hours will not be reduced for that portion of time loss paid by workers' compensation.

PERS RETIREMENT BENEFIT
In compliance with the Oregon Administrative Rules governing the Public Employees Retirement System (PERS), in the event an employee separates from the college, Human Resources will report any accumulated sick leave hours to PERS for consideration in retirement benefit calculations.

ACCRUAL AND CARRY-OVER MANAGEMENT/EXEMPT AND CONFIDENTIAL EMPLOYEES
All annually renewable employees are eligible to accrue sick leave benefits. Full-time, 12-month employees shall accrue eight (8) hours of sick leave per month. Employees who work less than full-time shall receive sick leave benefits on a prorated basis. There are no limits applied to year to year carry-over, or total accruals.

ACCRUAL AND CARRY-OVER PART-TIME FACULTY AND PART-TIME  CLASSIFIED EMPLOYEES
Eligibility for part-time employees to accrue and use sick leave is governed by ORS 652.256 and ORS 659A.885. Sick leave accruals will begin on the first day of employment on or after January 1, 2016. Employees may use accrued sick leave, as it is accrued, on/after their 91st calendar day of employment.

Hourly compensated employees will accrue one (1) hour of sick leave for every thirty (30) hours worked, using a factor of .0333 hours of sick leave per hour worked.

Part-time faculty teaching credit equivalent classes will accrue sick leave based upon workload credit equivalents taught, using a factor of .0333 hours of sick leave per workload contact hour.

Part-time employees may carry-over up to 40 unused hours from one fiscal year to the next, and may accrue up to 80 total hours of leave.

DATE OF ADOPTION: 08/13/84
DATE (S) OF REVISION(S): 03/5/85; 11/05/85; 06/15/93; 08/14/07; 02/03/09; 6/08/12; 03/17/16; 1/10/18; 12/2/21
DATE OF LAST REVIEW: 1/10/18