HR 330 – Transfer or Reinstatement of Sick Leave

To provide guidelines to address: (i) the reinstatement of accrued but unused sick leave when an employee of College of Western Idaho (CWI) leaves employment by CWI and subsequently returns to employment with CWI; (ii) the transfer of accrued but unused sick leave when an employee leaves the employment of a state educational agency and is subsequently employed by CWI; (iii) the transfer of accrued but unused sick leave when an employee leaves the employment of a public school district and is subsequently employed by CWI; and (iv) the transfer of accrued but unused sick leave when an employee leaves the employment of a public entity other than a state educational agency or public school district and is subsequently employed by CWI.

Applies to all CWI employees.

Public education entity: Community colleges, public school districts, public charter schools and the Idaho Digital Learning Academy. (Idaho Code Section 67‐5302)

State educational agency: The following state agencies and educational institutions supervised by the Idaho State Board of Education: (a) Boise State University; (b) Idaho State University; (c) University of Idaho; (d) Lewis Clark State College; (e) Eastern Idaho Technical College; (f) Idaho Public Television; (g) Division of Vocational Rehabilitation; (h) Division of Career Technical Education; (i) Office of the State Board of Education; and (j) Department of Education. (Idaho Code Section 67‐5302)

Policy

CWI encourages public employees to seek employment with the College. Accordingly, in compliance with applicable law, CWI has adopted the following guidelines for the reinstatement or transfer of accrued but unused sick leave for employees who have left and then returned to CWI and employees who have left the employment of a state educational agency, a public school district, or a public entity other than a state educational agency or public school district and are subsequently employed by CWI.

Guidelines

Sick Leave Reinstatement for Returning CWI Employees

Employees who leave the employment of CWI and return to employment by CWI within three (3) years of termination shall be credited with any unused sick leave accrued by the employee as of the date of termination, except to the extent that (i) the accrued but unused sick leave was transferred to a public school district or state educational agency on behalf of the employee; or (ii) the accrued but unused sick leave was otherwise utilized for any purpose provided by law (Idaho Code Section 67‐5333). Upon re‐employment by CWI, the accrual and use of sick leave shall be governed by applicable policies adopted by CWI.

Transfer of Sick Leave From State Educational Agencies to CWI

Employees employed by CWI immediately after termination of employment with a state educational agency shall be credited with any unused sick leave accrued by the employee as of the date of termination. For purposes of this provision “immediately” shall mean that there has been no break in service between the employee’s employment with the state education agency and their employment by CWI. Upon employment by CWI, the accrual and use of sick leave shall be governed by applicable policies adopted by CWI. (Idaho Code Section 67‐53333A)

Transfer of Sick Leave From Public School Districts to CWI

Employees of a public school district who are employed by CWI during the school year immediately following the year of termination of employment with the school district or within three (3) school years immediately following the year of termination if the termination is due to a reduction in force, shall be credited with any unused sick leave accrued by the employee as of the date of termination. Upon employment by CWI, the accrual and use of sick leave shall be governed by applicable policies adopted by CWI. (Idaho Code 33‐1217)

Transfer of Sick Leave From Other Public Employers to CWI

Employees who leave the employment of a public entity other than a state educational agency or a public school district for employment by CWI shall not be credited with any unused sick leave accrued by the employee as of the date of the termination. (Idaho Code 67‐5333A)