H. B. 3025
(By Delegates Houston, Susman, Willis, Sparks, Armstead, Harrison
and Fletcher)
(Originating in the Committee on Education)
(March 2, 1999)
A BILL to amend article four, chapter eighteen-a of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
ten-c, relating to allowing county boards of education to
establish certain personal leave banks; definition of care
giver; and rules adopted by the county board.
Be it enacted by the Legislature of West Virginia:
That article four, chapter eighteen-a of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section ten-c,
to read as follows:
ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-10c. Personal leave banks for care givers.
For the purposes of this section, "care giver" means any
employee of a county board of education who is a spouse, child or
parent of any employee of the same county board of education that is currently receiving benefits from a personal leave bank.
A county board of education may establish a personal leave
bank for care givers which is separate from any personal leave bank
as defined in section ten of this article. An employee may
contribute no more than two days of personal leave per school year.
The bank shall be established either jointly or separately for both
professional personnel and school service personnel and shall be
available to all school personnel.
The personal leave bank shall be established and operated
pursuant to rules adopted by the county board. The rules may limit
the maximum number of days used by a care giver, shall require that
leave bank days be used only by a care giver who is absent from
work during the same time period as the absent employee for whom
care is being provided, shall require that the care giver is an
active employee with less than five days accumulated personal
leave, and shall prohibit the use of such days by the care giver
for the extension of insurance coverage pursuant to section twelve,
article sixteen, chapter five of this code. The rules shall
require that contributions shall reduce, to the extent of the
contribution, the number of personal leave days to which a
contributing employee is entitled by section ten of this article:
Provided, That the contribution may not reduce personal leave days
without cause to which a contributing employee is entitled.
No employee may be compelled to contribute to a personal leave bank.