Court approves catastrophic leave bank for sheriff's office

The Newton County Quorum Court met in regular session Monday night, May 5, and followed through with passing an ordinance establishing a catastrophic leave bank for the Newton County Sheriff's Office.
Last April, Sheriff’s Deputy Adam Sirmons approached the quorum court asking it to consider allowing the sheriff’s office to create a catastrophic leave policy. The policy would set out procedures that would allow sheriff’s office employees to donate their unused overtime compensation and personal time off into a special fund to provide paid leave to employees having to take extended time off to recover from injuries or serious illness. In order for employees to be eligible to receive emergency leave they would have to contribute at least 8 hours a year to the fund.
The JPs asked for a break-down on the number of compensation hours accrued by sheriff’s office staff to date and the amount of money those hours represent. They tabled the request until that information was acquired for review.
Sirmons returned before the court with the information and the prepared ordinance.
The ordinance sets forth the following:
The Newton County Sheriff's Office has a Catastrophic Leave Bank Program to which employees can donate accrued personal leave, annual leave and compensatory time for use by employees who have catastrophic illness or injury or who have an immediate family member or person under the direct care of the employee with a catastrophic illness or injury, and whose own leave has been exhausted.
• Catastrophic Illness or Injury: A medical condition of an employee or of the spouse, parent, child, or person under the direct care of he employee, as certified by a physician, which requires the employee's absence from duty for a prolonged period of time and which results in a substantial loss of income for the employee because of exhaustion of all earned personal leave. Maternity leave is not considered either a catastrophic illness or injury.
Eligibility: Employee must be full-time to participate in the Catastrophic Leave Bank Program. Catastrophic leave may only be used for illness or injury.

Employees must have exhausted all sick, annual, holiday and compensatory leave and, as a result, face a substantial loss of income because of his/her, or spouse's, parent's, children, or person under the direct care of the employee. Employee injuries or illness that are covered and compensated by workers' compensation and eligible under Catastrophic Leave Bank Program, but workers' compensation and catastrophic leave combined may not exceed the compensation received before the onset of the illness or injury. If an employee has been disciplined for any abuse of leave in the past 6 months, he/she is not eligible to participate in the program. An employee may regain eligibility to the program after 6 months of satisfactory attendance at work or at the board's discretion.
• Donations: Donations to the Catastrophic Leave Bank Program are optional. Employees are required to donate a minimum of 8 hours per calendar year to be eligible for participation. No one may directly or indirectly intimidate, threaten, or coerce an employee in connection with donating, receiving, or using catastrophic leave.
Donations can only be made in 1-hour increments, and there is no limit to the number of hours that may be donated. Donations will be accepted at the end of every month. An employee leaving employment with the sheriff's office may donate unused hours of personal leave, and comp time at the time employment is terminated.
• Applications for use: Applications for the Catastrophic Leave Bank Program may be made in writing to the Chief Deputy. The Chief Deputy will then take the request before the board. In the event that the Chief Deputy is unavailable or otherwise unable to accept the application, or if the Chief Deputy is the person making the application, the Sheriff or his designee shall receive the application and notify the board.
When an employee requests catastrophic leave he/she will provide a copy of a physician's diagnosis detailing the qualifying condition. A board comprised of the Sheriff, Chief Deputy, Jail administrator and three justices of the peace appointed by the Quorum Court will review the application and make the decision to approve or deny it. A majority vote will be required for the catastrophic leave to be granted.
• General Rule: If an employee has been granted Catastrophic Leave, he/she will continue to receive their normal pay and benefits, such as contributions to insurance and retirement. If an employee is granted Catastrophic Leave, he/she will need to follow up with the board by the 1st of each month to advise if they will continue to need leave. Upon a doctor's release the employee will immediately notify the Chief Deputy who will be responsible for notifying the board.
Also, the Quorum Court will receive a monthly report from the Sheriff's Office that shall include current compensatory time for each employee as of the last 28 day time sheet, how much time was used from the Catastrophic Leave Fund, how much time has been donated to the Catastrophic Leave Fund over the previous month, and the current balance in the Catastrophic Leave Bank.
After adopting the ordinance, the court appointed JPs Jerry Lee, Jamie Mefford and Steven Adams to the Catastrophic Leave Bank Board.