H. B. 4314

(By Delegates Fletcher, Calvert, Trump,

Harrison, Armstead, Ennis and Davis)

[Passed February 17, 2000; in effect from passage.]

AN ACT to amend and reenact section ten-c, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to school personnel; personal leave banks for care givers; and defining "catastrophic illness or injury".

Be it enacted by the Legislature of West Virginia:
That section ten-c, article four, chapter eighteen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

§18A-4-10c. Personal leave banks for care givers.
(a) For the purposes of this section:
(1) "Care giver" means any employee of a county board who:
(A) Is a spouse, child or parent of any employee who meets the following qualifications:
(i) He or she is an employee of the same county board of education as the care giver; and
(ii) He or she currently is eligible to receive benefits from the personal leave bank established in section ten of this article; or
(B) Is a parent of a dependent child who is suffering from a catastrophic illness or injury;
(2) "Catastrophic illness or injury" means a medical or physical condition that incapacitates a family member of the care giver and results in the care giver being required to take time off from work as defined by the rules of the board to care for the family member.
(b) 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. The personal leave bank shall be operated pursuant to rules adopted by the county board which shall include, but not be limited to, the following:
(1) An employee may contribute no more than two days of personal leave per school year;
(2) 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;
(3) The rules may limit the maximum number of days used by a care giver;
(4) Where the care giver is caring for an absent employee as defined in paragraph (A), subdivision (1), subsection (a) of this section, the rules 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; and
(5) The rules shall require that the care giver is an active employee with less than five days accumulated personal leave.
(c) The use of these days by the care giver for the extension of insurance coverage pursuant to section twelve, article sixteen, chapter five of this code is prohibited.
(d) 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 employee's contribution may not reduce the number of entitled personal leave days without cause.
(e) No employee may be compelled to contribute to a personal leave bank.