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Appendix

Acknowledgement

Conflict of Interest Policy

Alcohol and Illegal Drug Abuse

Family and Medical Leave Act (FMLA)

Sick Bank Policy


Acknowledgement

This statement is quoted from a handout all employees receive, sign and return when they begin work at Augustana, or upon receipt of the handbook:

I hereby acknowledge I have received a copy of Augustana College's Employee Handbook. I understand that the policies and procedures set forth in the handbook are not an express or implied contractual guarantee regarding my employment relationship with Augustana College, nor do they represent contractual terms of employment. I understand that it is my responsibility to carefully review the employee handbook and ask my supervisor or the Director of Human Resources about any of the material that is unclear to me. I also understand that Augustana College, at its option, may change, delete, suspend or discontinue any part or parts of this handbook at any time without advance notice. I also understand that updates are incorporated into this handbook and I can print a current copy of the handbook from the employee tab at www.augustana.edu.

This handbook is applicable to all staff and administrative employees. No one other than the President of the College may alter or modify any of the policies in the handbook. Any such alteration or modification must be in writing and signed by the president.

This handbook replaces all previous handbooks for Augustana College as of January 1, 2011. Similarly, any future revisions of the handbook will replace the prior versions of the handbook.

I have read this acknowledgement. I further understand and agree that my employment relationship is for no definite duration and my employment may be terminated at any time for any reason or no reason at all at the option of either Augustana College or myself.


Conflict of Interest Policy

Overview

This policy covers all members of the Board of Trustees, officers of Augustana College and employees involved in a material manner in decisions involving the obtaining of services or goods from outside sources. Further, it is intended to serve as a guide to all persons employed by the college, regardless of position.

Trustees, officers, and others with significant responsibilities for the college have a fiduciary duty of loyalty to the college. At all times they should act in a manner consistent with this fiduciary obligation and shall exercise particular care that no detriment to the interests of the college (or the appearance of such detriment) may result from a conflict between those interests and any personal interests which the individual may have.

Conflicts of interest include (a) the direct or beneficial ownership of 5% or more of the ownership, of or of 5% or more of the financial obligations of, any organization supplying goods or services to the college; (b) the performance of services to other organizations which do business with the college except for such services which do not account for more than 5% of the income of the recipient; (c) the receipt or acceptance of cash in any amount or benefits in excess of a cumulative value greater than $250 in any consecutive 12-month period from any organization doing, or seeking to do business with, the college; (d) participation in or taking advantage of any business opportunity or activity in which the college has an interest but excepting the direct or beneficial ownership of less than 5% of any outstanding class of bonds or other indebtedness of the college; (e) being indebted to the college in an amount in excess of $25,000 but excepting unfulfilled pledges to the college; and (f) service as a director or executive officer of, or as an employee with a material personal stake in, any organization that supplies goods or services or does business with the college. Conflicts of interest also may occur by virtue of receipt of benefits by a spouse or family member in the circumstances stated above. Individuals covered by this policy are expressly prohibited from using their position to gain favorable or preferential access to vendors, investment advisors, or organizations for their own benefit.

Disclosure

All individuals covered by this policy shall complete and file a Conflicts of Interest Disclosure Statement annually by November 1 with the secretary of the Board of Trustees, or in the case of a college employee with the president.

In the period between the filing of the annual statements, if an individual covered by this policy believes that he or she may have a conflict of interest with respect to any particular transaction, he or she shall promptly and fully disclose the potential conflict to the secretary and in his or her discretion also to the board, the particular committee involved in the transaction or in the case of a college employee to the president. The individual shall refrain from participating in any transaction with the college that may be impaired by the potential conflict until its review and conclusion by the audit committee of the Board of Trustees, but excepting situations where the individual has made a full disclosure of the conflict to the board, to the particular committee involved in the transaction, or in the case of a college employee to the president.

The college is aware that it may not be possible to completely avoid all relationships between those individuals covered by this policy and certain third parties with which the college transacts business. One of the keys to evaluating the potential conflict is full disclosure. No trustee, officer or employee shall be disqualified from holding office by reason of any interest.

1. Disclosure Review

The secretary and the president will accumulate all disclosure statements and furnish them to the audit committee. The secretary and the president shall be responsible for ensuring compliance by everyone covered by this policy and report to the audit committee those individuals failing to furnish an annual statement.

2. Conflict Resolution

In all instances where the audit committee determines that a conflict of interest does exist, such conflicts, and their remedy, if not otherwise fully disclosed, shall be disclosed to the board, the applicable committee or the president, as the case may be. The audit committee shall report to the board at least annually in any case and also may propose for board action amendments, revisions or additions to those conflicts of interest enumerated above.

When those covered by this policy are in a conflict of interest situation with respect to any matter before the board, an applicable committee, or the administration, that individual shall refrain from voting on any proposed transaction which may be impaired by the conflict. Any such transaction shall require the approval by vote of a disinterested majority of the board or of the particular committee or where applicable, the president, as the case may be. When deemed appropriate, a notification shall be made in the minutes of the meeting that the person involved did not vote on the matter.

3. Confidentiality

The individual disclosure statements shall be held confidential by the board, the applicable committee, the president, its secretary and the audit committee. The statements shall be open for inspection by the public only: (a) by official action of the board upon showing of good cause; (b) with the consent of the person who submitted the data which is to be disclosed; (c) by court order; or (d) as otherwise required by Illinois or federal law or regulation.


Alcohol & Illegal Drug Abuse

The following policy was adopted in conformance with the requirements of the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989. The object of the policy is to provide a drug-free workplace and campus and to assist employees and students with problems related to alcohol and illegal drug abuse.

It is the policy of Augustana College that the unlawful manufacture, distribution, dispensing, possession or use of controlled substances is prohibited anywhere on its premises or property or as a part of any college-related activity. Any employee or student of the college found to have violated the above rule shall be subject to disciplinary action in accordance with published procedures up to and including dismissal. Where appropriate, the college reserves the right to refer individuals for treatment in lieu of disciplinary action.

Members of the college community are reminded that illegal manufacture, distribution, dispensing, possession or use of controlled substances may also subject individuals to criminal prosecution and penalties that may include fines and/or incarceration. If the situation merits, the college will refer individual cases for appropriate legal action.

As a condition of employment or enrollment, all employees and students of Augustana College shall abide by the terms of this policy and will notify their supervisors and the Business Office (in the case of employees) or the Office of Student Services (in the case of students) of any criminal drug statute conviction for a violation occurring on the college premises or property, or as a part of any college related activities. Notification must be made no later than five days after such conviction. For purposes of this policy, "conviction" means a finding of guilt or imposition of sentence, or both, by any federal or state judicial body. Failure to report such a conviction may result in immediate dismissal.

The term "controlled substance" as used in this policy means those substances included in Schedules I through V of Section 202 of the Controlled Substances Act. The term does not include the use of a controlled substance in conformation with a valid prescription or other uses authorized by law.

It is also the policy of Augustana College that the possession, use or distribution of alcoholic beverages on its premises or property or as a part of any college-related activities is prohibited. This includes alcoholic beverages found in lockers or residence hall rooms. An exception to this policy is that alcoholic beverages may be served and consumed by employees at special meetings or events which are catered by Augustana Food Services or at which the Office of Student Services has approved the serving of such beverages. Also excluded are the private apartments of residence hall directors. An employee or student who violates this policy will be subject to discipline, up to and including dismissal. Employees who report to work under the influence of alcohol will not be permitted to work that day and may be subject to further discipline.

Augustana College provides regular programming and materials aimed at alerting its students, faculty and staff to problems relating to alcohol and drug abuse. Included in this section is a chart summarizing the effects and health risks associated with the use of illicit drugs and alcohol. However, the primary resources utilized for the prevention and treatment of alcohol and drug abuse are professionals, agencies and clinics located within the Quad City area.

The college takes the position that, except in matters of disciplinary referral, the decision to seek diagnosis and accept treatment for alcohol and drug problems is the responsibility of the employee and student. The decision to seek treatment will not be detrimental to job security or student status. Because supervisors, managers, department directors or chairs and most faculty are not professionally qualified to identify substance abuse, referrals by them are based on unsatisfactory job or school performance. At the point at which the college is involved, the right to confidentiality will be respected in both informal and formal procedures, insofar as possible.

Frequently utilized local resources for evaluation are:

Al-Anon Information Service
2033 E. 32nd Street
Davenport, IA 52807-2050
Phone: (563) 323-1521

Genesis Addiction Recovery Center
1401 West Central Park
Davenport, Iowa 52803
Phone: (563) 421-2900

Alcoholics Anonymous Illowa Intergroup
1702 15th Street Place
Moline, IL 61265
Phone: (309) 764-1016

R.I. County Council on Addictions
1607 John Deere Road
East Moline, Illinois 61244
Phone: (309) 792-0292

Center for Alcohol and Drugs Services (CADS)
1523 South Fairmount Street
Davenport, Iowa 52801
Phone: (563) 322-2667

Riverside Retreat
Trinity Medical Center - West
2701 17th Street
Rock Island, Illinois 61201
Phone: (309) 779-3000

Center for Alcohol and Drugs and Services (CADS)
4230 11th Street, NW
Rock Island, Illinois 61201
Phone: (309) 788-4571

National toll-free numbers concerned with alcohol and drug abuse are listed below:

Alcohol and Drug Referral Hot Line

1-800-252-6465

Al-Anon

1-800-344-2666

Narcotics Anonymous World Services

1-818-773-9999

National Drug & Alcohol Treatment Referral Service

1-800-662-4357

There is a biennial review of the drug prevention program to determine its effectiveness, to implement changes in the program if they are needed and to ensure that its disciplinary sanctions are being consistently enforced. They will be conducted by the Health and Safety Committee with recommendations forwarded to the Business Office and to the Office of Student Services.

The following is provided to give a brief guide to the effects of alcohol and a variety of commonly abused drugs and to the criminal penalties that may accompany the conviction for the illegal manufacture, distribution, dispensing, possession or use of controlled substances.

Alcohol

Alcohol consumption causes a number of marked changes in behavior. Even in low doses, alcohol can significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol can increase the incidence of a variety of aggressive acts, including spousal and child abuse. Moderate to high doses of alcohol can cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses can cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.

Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations and convulsions. Alcohol withdrawal can be life threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and the liver.

Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk of becoming alcoholics than other children.

Informational Charts

Drugs of Abuse - Uses and Effects

U.S. Department of Justice
Drug Enforcement Administration

 

Dependence

 

Narcotics

Drugs

CSA Schedules

Trade or Other Names

Medical

Uses

Physical

Psychological

Tolerance

Duration (Hours)

Usual Method

Possible Effects

Effects of Overdose

Withdrawal Syndrome

Heroin

Substance I

Diamorphine, Horse, Smack, Black tar, Chiva,Negra (black tar)

None in U.S., Analgesic, Antitussive

High

High

Yes

3-4

Injected, snorted, smoked

Euphoria, drowsiness, respiratory depression, constricted pupils, nausea

Slow and shallow breathing, clammy skin, convulsions, coma, possible death

Watery eyes, runny nose, yawning, loss of appetite, irritability, tremors, panic, cramps, nausea, chills and sweating

Morphine

Substance II

MS-Contin, Roxanol, Oramorph SR, MSIR

Analgesic

High

High

Yes

3-12

Oral, injected

Hydrocodone

Substance II, Product III, V

Hydrocodone w/ Acetaminophen, Vicodin, Vicoprofen, Tussionex, Lortab

Analgesic, Antitussive

High

High

Yes

3-6

Oral

Hydro-morphone

Substance II

Dilaudid

Analgesic

High

High

Yes

3-4

Oral, injected

Oxycodone

Substance II

Roxicet, Oxycodone w/ Acetaminophen, OxyContin, Endocet, Percocet, Percodan

Analgesic

High

High

Yes

3-12

Oral

Codeine

Substance II, Products III, V

Acetaminophen, Guaifenesin or Promethazine w/Codeine, Fiorinal, Fioricet or Tylenol w/Codeine

Analgesic, Antitussive

Moderate

Moderate

Yes

3-4

Oral, injected

Other Narcotics

Substance II, III, IV

Fentanyl, Demerol, Methadone, Darvon, Stadol, Talwin, Paregoric, Buprenex

Analgesic, Antidiarrheal, Antitussive

High-Low

High-Low

Yes

Variable

Oral, injected, snorted, smoked

Drugs of Abuse: DEA 2005

Trafficking Penalties

DRUG/SCHEDULE

QUANTITY

PENALTIES

QUANTITY

PENALTIES

Cocaine (Schedule II)

500 - 4999 gms mixture

First Offense: Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $2 million if an individual, $5 million if not an individual

Second Offense: Not less than 10 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $4 million if an individual, $10 million if not an individual.

5 gms or more mixture

First Offense: Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $4 million if an individual, $10 million if not an individual.

Second Offense: Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $20 million if not an individual.

3rd Offense or More:Life imprisonment.

Cocaine Base (Schedule II)

5-49 gms mixture

50 gms or more mixture

Fentanyl (Schedule II)

40 - 399 gms mixture

400 gms or more mixture

Fentanyl Analogue (Schedule I)

10 - 99 gms mixture

100 gms or more mixture

Heroin (Schedule I)

100 - 999 gms mixture

1 kg or more mixture

LSD (Schedule I)

1 - 9 gms mixture

10 gms or more mixture

Methamphetamine (Schedule II)

5 - 49 gms pure or 50 - 499 gms mixture

50 gms or more pure or 500 gms or more mixture

PCP (Schedule II)

10 - 99 gms pure or 100 - 999 gms mixture

100 gms or more pure or 1 kg or more mixture

PENALTIES

Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid)

Any amount


First Offense: Not more that 20 yrs. If death or serious injury, not less than 20 yrs, or more than Life. Fine $1 million if an individual, $5 million if not an individual.

Second Offense: Not more than 30 yrs. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual

Flunitrazepam
(Schedule IV)

1 gm or more

Other Schedule III drugs

Any amount


First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual.

Second Offense: Not more 10 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual

Flunitrazepam (Schedule IV)

30 to 999 mgs

All other Schedule IV drugs

Any amount

First Offense: Not more than 3 years. Fine not more than $250,000 if an individual, $1 million if not an individual.

Second Offense: Not more than 6 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual.

Flunitrazepam (Schedule IV)

Less than 30 mgs

All Schedule V drugs

Any amount

First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual.

Second Offense: Not more than 2 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.

 

Federal Trafficking Penalties - Marijuana

DRUG

QUANTITY

1st OFFENSE

2nd OFFENSE

Marijuana

1,000 kg or more mixture; or 1,000 or more plants

  • Not less than 10 years, not more than life
  • If death or serious injury, not less than 20 years, not more than life
  • Fine not more than $4 million if an individual, $10 million if other than an individual
  • Not less than 20 years, not more than life
  • If death or serious injury, mandatory life
  • Fine not more than $8 million if an individual, $20 million if other than an individual

Marijuana

100 kg to 999 kg mixture; or 100 to 999 plants

  • Not less than 5 years, not more than 40 years
  • If death or serous injury, not less than 20 years, not more than life
  • Fine not more than $2 million if an individual, $5 million if other than an individual
  • Not less than 10 years, not more than life
  • If death or serious injury, mandatory life
  • Fine not more than $4 million if an individual, $10 million if other than an individual

Marijuana

more than 10 kgs hashish; 50 to 99 kg mixture

more than 1 kg of hashish oil; 50 to 99 plants

  • Not more than 20 years
  • If death or serious injury, not less than 20 years, not more than life
  • Fine $1 million if an individual, $5 million if other than an individual
  • Not more than 30 years
  • If death or seroius injury, mandatory life
  • Fine $2 million if an individual, $10 million if other than individual

Marijuana

1 to 49 plants; less than 50 kg mixture

  • Not more than 5 years
  • Fine not more than $250,000, $1 million other than individual


  • Not more than 10 years
  • Fine $500,000 if an individual, $2 million if other than individual


Hashish

10 kg or less

Hashish Oil

1 kg or less


Some of these penalties are described in pages taken from the U.S. Department of Justice Drug Enforcement Administration Publication, "DRUGS OF ABUSE" - pub dt 2005." Additional information is also available in the Human Resources Office, the Office of Student Services and the Library.


Family & Medical Leave Act (FMLA)

Basic Leave Entitlement

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

  • For incapacity due to pregnancy, prenatal medical care or child birth;
  • To care for the employee's child after birth, or placement for adoption or foster care;
  • To care for the employee's spouse, son or daughter, or parent, who has a serious health condition; or
  • For a serious health condition that makes the employee unable to perform the employee's job.

Military Family Leave Entitlements

Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

Benefits and Protections

During FMLA leave, the employer must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.

Eligibility Requirements

Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.

Definition of Serious Health Condition

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Use of Leave

An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.

Substitution of Paid Leave for Unpaid Leave

Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer's normal paid leave policies. Employee Responsibilities Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer's normal call-in procedures.

Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

Employer Responsibilities

Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees' rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility. Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee's leave entitlement. If the employer determines that the leave is not FMLAprotected, the employer must notify the employee.

Unlawful Acts by Employers

FMLA makes it unlawful for any employer to:

  • Interfere with, restrain or deny the exercise of any right provided under FMLA;
  • Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

Enforcement

An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice. Regulations 29 C.F.R. § 825.300(a) may require additional disclosures.

For additional information:

1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627

WWW.WAGEHOUR.DOL.GOV

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division


Sick Bank Policy

The Augustana College sick bank will serve as a depository into which participating employees may donate accrued sick leave time for allocation to other participating employees who become eligible for FMLA leave. The purpose of the sick bank is to alleviate the financial hardship caused in the event that a participating employee's need for Family Medical Leave time forces that employee to exhaust all accrued leave time. The sick bank shall be governed by the following policy:

The sick bank is intended to provide for the alleviation of hardship caused by an FMLA eligible event which results in the granting of Family Medical Leave time for a participating employee. All events which qualify for FMLA may be eligible for sick bank withdrawal. FMLA eligible events include: the birth of a child and in order to care for a child; the placement of a child with the employee for adoption or foster care; caring for a spouse, parent (but not a parent-in law) or a child under the age of eighteen or over age eighteen but incapable of self-care because of a mental or physical disability with a serious injury; and the employee's own serious health condition which renders him or her unable to perform the functions of his or her position.

The purpose of the sick bank is to provide additional paid leave for an employee who, as the result of Family Medical Leave has exhausted all accrued leave time. It is not the intention of the sick bank or this policy to provide unlimited paid leave for FMLA eligible leave. In addition, it is not the intention of the sick bank or this policy to provide short-term disability coverage in the event of lost compensation resulting from an injury or illness.

Participation in the sick bank shall, at all times, be voluntary on the part of the employee.

"All Accrued Leave Time" shall be defined within this policy as the combination of all accrued vacation time, personal time and sick time.

"Participating Employee" shall be defined within this policy as a permanent regular full-time or a qualifying part-time employee who has been employed by the college for a period of six continuous months or more and who has voluntarily enrolled in the sick bank by donating one full day of accrued sick leave to the bank during the open enrollment period.

Permanent regular employees who qualify for sick bank membership shall include those full-time employees employed for staff, administrative and faculty positions. Part-time employees qualifying for sick bank membership shall be limited to those permanent regular employees employed as part-time staff working a minimum of 17.5 hours a week, part-time administrators at an appointment minimum of 50%, adjunct faculty and joint-appointment faculty.

  1. The utilization of sick bank time is considered exclusively under the provisions of the FMLA and any use of sick bank hours may be included within the 12 weeks of leave provided under FMLA or for the additional extension period of up to 12 weeks for the continuing, serious illness of the participating employee.
  2. The sick bank disburses no funds and does not have the authority to disburse any funds.
  3. The sick bank is available to those participating employees who have exhausted all accrued leave time and who are not eligible to receive compensable benefits under workers compensation, unemployment or disability insurance.
  4. An employee's membership in the sick bank for an academic year begins upon a qualified employee's original donation of one day of accrued sick leave to the sick bank. Sick bank membership will continue from year to year, provided that the employee donates one day of accrued sick leave each subsequent academic year during the prescribed open enrollment period. In addition, participating employees must donate one day of accrued sick leave during special assessment periods in order to maintain sick bank membership. For individuals on less than a 100 percent appointment, one day is determined on the basis of the employee's appointment percentage.
  5. New employees will become eligible to enroll as a member of the sick bank once they have completed six continuous months of employment at the college and following a donation of one day of accrued sick leave to the bank. Once an employee has reached the six month anniversary date for employment, he or she will have thirty calendar days to enroll in the sick bank for the current plan year. New employees, who choose not to enroll in the sick bank during those thirty calendar days, must wait until the next open enrollment period to join the sick bank.
  6. A participating employee's membership in the sick bank will discontinue upon the employee's failure to donate the annual required minimum of accrued sick time during the open enrollment period or the employee's failure to donate the required minimum of accrued sick time during the special assessment period. In addition, a participating employee's membership in the sick bank will discontinue upon the employee's termination of employment, retirement or death.
  7. Once leave time is donated to the sick bank, it is no longer available to the employee who donated the sick time.
  8. The open enrollment period for the sick bank shall commence each year from August 1 through August 31, and the corresponding plan year shall begin on September 1 of the same calendar year, continuing through August 31 of the following calendar year.
  9. Sick days cannot be shared between participating employees and sick time cannot be given directly to another employee outside of or in opposition to the Augustana Sick Bank Policy.

Donations

Participating employees who wish to transfer one day of their sick leave to the sick bank must complete and sign an election form indicating their intent to transfer time. Employees will be given an annual opportunity to donate one day of accrued sick leave to the sick bank during the open enrollment period. A minimum donation of one day of sick time made by a qualifying employee during the open enrollment period will meet the initial requirement for the employee's membership in the sick bank during the upcoming plan year.

  1. The minimum amount of sick leave that a participating employee may contribute per academic year is one day. Donations to the sick bank must be in one day increments. The donating employee must retain a minimum of five days of accrued sick leave in their personal account to be eligible for membership. Once sick leave has been donated to the bank, the donation of time cannot be rescinded by or returned to the donating employee.
  2. Donations of sick bank hours will be transferred on a ratio of one to one. No transfer of funds will occur, but the contributing employee's sick leave balance is reduced by the number of hours/days donated.
  3. Participating employees may not designate a specific employee to receive their donated time.
  4. Contributions of time remaining in the sick bank at the end of an academic year (as of August 31) will be carried over to the next academic year, which will begin on September 1 of the same calendar year.
  5. During the open enrollment period, participating employees who have utilized FMLA within the preceding 12 months may maintain their membership in the sick bank for the upcoming academic year; however, if the accrued sick leave balance of these particular participants falls below six days as of the last day of the open enrollment period, the minimum annual donation of one day of accrued sick time may be waived. Employees who fall under this provision should notify the HR department in writing during the open enrollment period with the purpose of communicating their intent to participate in the sick bank during the upcoming plan year and verifying their request to waive the minimum annual donation of accrued sick time.
  6. During the initial implementation of this policy and relating exclusively to the first open enrollment period for sick bank membership, eligible participants who have utilized FMLA within the preceding 12 months will not be required to provide the minimum annual donation of one day of sick time, if their accrued sick leave balance falls below six days as of the last day of the open enrollment period. Employees who fall under this provision should notify the Office of Human Resources in writing during the first open enrollment period with the purpose of communicating their intent to participate in the sick bank and verifying their request to waive the minimum donation of time.
  7. In the event that the balance of the sick bank reaches 30 days (240 hours) or less, a special assessment period will be enacted for participating employees. During the special assessment period, each participant will be required to donate one day of accrued sick leave in order to maintain membership in the sick bank. Special assessment periods are relative only to current participants of the sick bank and the special assessment period will not provide an opportunity for non-participants to initiate membership in the sick bank.
  8. In the event that sick bank hours are depleted, and a special assessment period for participating employees is enacted, existing sick bank members who have an accrued sick leave balance which falls below six days as of the last day of the special assessment period, may maintain their membership in the sick bank for the current plan year; however, the minimum assessment of one day of accrued sick time may be waived. Employees who fall under this provision should notify the Office of Human Resources in writing during the special assessment period with the purpose of communicating their intent to continue their participation in the sick bank during the current plan year and verifying their request to waive the special assessment donation.
  9. In the event that Augustana College terminates the sick bank policy, the remaining days in the sick bank will not be refunded to the members of the sick bank.

Withdrawals

  1. An employee or his/ her designee must request a withdrawal from the sick bank via application, which should be completed and forwarded to the Director of Human Resources. The Office of Human Resources shall be responsible for the administration of the sick bank. Withdrawals from the sick bank will not be approved until an application form is completed and received by the Office of Human Resources.
  2. All requests for sick bank withdrawal must be accompanied by a physician's statement that will include the beginning date of the medical condition (relative to the participating employee or his or her eligible family member), a description of the FMLA event and a prognosis for recovery. Copies of the original FMLA documentation should provide this detail and will be accepted as suitable documentation. All requests for withdrawal should also indicate the estimated number of sick leave days required, as well as any information related to a pending disability, unemployment or worker's compensation claim.
  3. Applications for withdrawal must be received by the Office of Human Resources no later than 10 working days after the applicant has exhausted all accrued leave time.
  4. Applications for sick bank withdrawal will be processed by the Office of Human Resources to determine eligibility. Eligibility for withdrawal will be based upon the guidelines set forth in the Augustana College Sick Bank Policy.
  5. All employee information that is obtained during the application process, including but not limited to comprehensive medical information, shall at all times be confidential and private.
  6. Withdrawals from the sick bank will not be granted for treatment plans that could be scheduled outside of normal work hours.
  7. The amount of withdrawal granted from the sick bank to a participating employee within a 12-month period cannot exceed the maximum of thirty working days. This 12-month period shall be calculated on an individual basis, beginning on the date that the first hour of sick time withdrawn from the sick bank was utilized by the participating employee and moving forward 12 months.
  8. Approved withdrawals from the sick bank by eligible participants will occur on an as needed basis up to the annual maximum for withdrawal, which is 30 working days.
  9. Sick time benefits withdrawn from the sick bank can be utilized by the participating employee on either a consecutive or non-consecutive basis.
  10. The number of days that can be withdrawn by a participating employee from the sick bank is subject to availability and limited to the annual maximum of 30 working days.
  11. To be eligible for sick bank withdrawal, participating employees are expected to return to work at the completion of the FMLA period. A participating employee, who elects not to return to work at the end of the FMLA period, will be required to reimburse Augustana College for the cost of all compensation received as the result of sick bank withdrawals, unless the employee cannot return to work because of a serious health condition or other circumstances beyond his or her control.
  12. Participating employees withdrawing sick leave days from the sick bank will not be required to replace those days except as a regular contributing member of the sick bank.

Updated February 2011