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--- version:Introduced+++ version:(document, no version)@@ -1,682 +1,11 @@-SB211 INTRODUCED-Page 0-SB211-MSI7QWW-1-By Senator Allen-RFD: Education Policy-First Read: 27-Jan-26-1-2-3-4-5-MSI7QWW-1 01/26/2026 GP (L)lg 2025-2482+FN-2JE34IK-1Page 1-First Read: 27-Jan-26-SYNOPSIS:-Under existing law, certain state public-educational authorities may implement a sick leave bank-to facilitate the transfer of sick leave or-catastrophic leave from one employee to another,-subject to certain limitations.-This bill would expand the definition of-"educational authority" to include local boards of-education, two-year and four-year public institutions-of higher education, and certain other public schools-in this state.-This bill would require the State Board of-Education to adopt a model sick leave policy providing-for the use of sick leave banks, catastrophic leave,-and the donation of sick leave.-This bill would remove the cap limiting how much-catastrophic sick leave an employee may donate to-another employee.-This bill would require the sick leave policy to-allow employees to donate sick leave directly to-another employee, subject to certain limitations, even-if the donor and receiving employee work for different-education authorities.-This bill would require each educational-authority to implement a sick leave bank policy that-1-2-3-4-5-6-7-8-9-10-11-12-13-14-15-16-17-18-19-20-21-22-23-24-25-26-27-28-SB211 INTRODUCED-Page 2-authority to implement a sick leave bank policy that-does not contradict the requirements of this bill.-This bill would also revise the duties of sick-leave bank committees and require policies developed by-local sick leave bank committees to be approved by the-educational authority.-A BILL-TO BE ENTITLED-AN ACT-Relating to public education employees; to amend-Section 16-22-9, Code of Alabama 1975; to revise the-definition of "education authority" for purposes of sick-leave; to require the State Board of Education to adopt a-model policy relating to sick leave; to require the model-policy to authorize the direct donation of sick leave between-education employees employed by any educational authority; to-require educational authorities to implement the model policy;-to require policies developed by the sick leave bank committee-to be approved by the educational authority; to further-provide for the duties of sick bank leave committees; and to-further provide for sick leave banks and catastrophic sick-leave.-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:-Section 1. Section 16-22-9, Code of Alabama 1975, is-amended to read as follows:-"§16-22-9-29-30-31-32-33-34-35-36-37-38-39-40-41-42-43-44-45-46-47-48-49-50-51-52-53-54-55-56-SB211 INTRODUCED-Page 3-"§16-22-9-(a) The following terms shall have the following-meanings, respectively For the purposes of this section, the-following terms have the following meanings :-(1) ACCS. The Alabama Community College System.-(2) ACHE. The Alabama Commission on Higher Education.-(3) BOARD. The State Board of Education.-(4) CATASTROPHIC ILLNESS. Any illness or , injury, or-pregnancy or medical condition related to childbirth,-certified by a licensed physician , which causes the employee-to be absent from work for an extended period of time and-which is unrelated to the Public Education Employee Injury-Compensation Program .-(5)(2) CHIEF EXECUTIVE OFFICER. The superintendent of-any public county or city K-12 school system; the President of-the Alabama Institute for Deaf and Blind; the president of any-two-year school or college under the auspices of the State-Board of Education Alabama Community College System ; the-President of Alabama Agricultural and Mechanical University ;-the Superintendent of the Department of Youth Services School-District; the Executive Director of the Alabama School of Fine-Arts; and the Executive Director of the Alabama High School of-Mathematics and Science ; the Executive Director of the Alabama-School of Cyber Technology and Engineering; the Executive-Director of the Alabama School of Healthcare Sciences; and the-president of the board of trustees of any public four-year-institution of higher education .-(6)(3) EDUCATIONAL AUTHORITY or AUTHORITY or BOARD .-Each city and county local board of education; the Board of-57-58-59-60-61-62-63-64-65-66-67-68-69-70-71-72-73-74-75-76-77-78-79-80-81-82-83-84-SB211 INTRODUCED-Page 4-Each city and county local board of education; the Board of-Trustees of the Alabama Institute for Deaf and Blind; the-Alabama Youth Services Board in its capacity as the Board of-Education for the Department of Youth Services School-District; the Board of Directors of the Alabama School of Fine-Arts; the Board of Directors of the Alabama High School of-Mathematics and Science; the Board of Directors of the Alabama-School of Cyber Technology and Engineering; the Board of-Directors of the Alabama School of Healthcare Sciences; the-State Board of Education Board of Trustees of ACCS as applied-to two-year postsecondary institutions; and the Board board of-Trustees trustees of Alabama Agricultural and Mechanical-University each public four-year institution of higher-education in the state .-(7)(4) EMPLOYEE. Any person individual employed by the-an educational authority on a full-time or part-time basis.-(8) PARTICIPATING MEMBER. An employee who voluntarily-chooses to participate in a sick leave bank.-(5)(9) SICK LEAVE. The same meaning as Section-16-1-18.1.-(10) SICK LEAVE BANK COMMITTEE. A committee of five-employees, one representing the authority and four-representing the participating members of the sick leave bank.-(b)(1) The board shall adopt a model sick leave policy-and adopt rules to implement and administer the model policy.-The board may collaborate with other educational authorities-to develop and implement the model policy.-(2) The board's model policy shall provide for:-a. Employees to deposit an equal number of days, not to-85-86-87-88-89-90-91-92-93-94-95-96-97-98-99-100-101-102-103-104-105-106-107-108-109-110-111-112-SB211 INTRODUCED-Page 5-a. Employees to deposit an equal number of days, not to-exceed five, of their earned sick leave into the bank. The-days deposited shall be available to be loaned to any-participating member whose sick leave has been exhausted;-b. The use of catastrophic leave, as provided in-subsection (f); and-c. Employees to donate their earned sick leave directly-to any other employee, as provided in subsection (g).-(3)a. The board shall develop uniform state forms:-1. Necessary for the operation and administration of-sick leave banks and sick leave donation;-2. To ensure the orderly transfer and acceptance of-catastrophic sick leave days from one sick leave bank to-another; and-3. To ensure the orderly direct donation of sick leave-days from one employee to another.-b. The forms established under this subdivision may be-used by any educational authority.-(c)(1) Each An educational authority, upon the request-of 10 percent of its full-time certificated and full-time-support personnel, shall establish a sick leave bank plan for-each of the two groups either jointly or separately. The-decision whether to have a joint or separate sick leave bank-shall be the exclusive decision of the employees, utilizing a-secret balloting process.-(2)(c) At the beginning of each scholastic year, an-election shall be held among the sick leave bank participating-members to determine by secret ballot the four participating-members who are to serve on the sick leave bank committee. The-113-114-115-116-117-118-119-120-121-122-123-124-125-126-127-128-129-130-131-132-133-134-135-136-137-138-139-140-SB211 INTRODUCED-Page 6-members who are to serve on the sick leave bank committee. The-term of office shall be one year. The chief executive officer-of the authority shall be responsible for conducting the-election in a fair and equitable manner and , ensuring the-confidentiality of the secret balloting process. The chief-executive officer of the authority shall also appoint the-authority's representative on the committee, subject to board-approval by the educational authority .-(d)(1) Notwithstanding any other provision of law to-the contrary, it shall be the exclusive responsibility of the-each sick leave bank committee to write shall provide-administrative and clerical support to the educational-authority related to the operation of the sick leave bank by:-a. Implementing and administering the model sick leave-policy created pursuant to subsection (b); and-b. Developing and implementing any additional the-guidelines and or administrative procedures of as necessary-for compliance with this section, the orderly operation of the-sick leave bank, including the catastrophic leave and direct-sick leave donation as provided in provisions of this section ,-subject to the approval of the educational authority . It shall-also be the committee's duty to develop all necessary forms-for the orderly operation and administration of the sick leave-bank and catastrophic leave provisions of this section.- To ensure the orderly transfer and acceptance of-catastrophic sick leave days from one sick leave bank to-another, the State Board of Education shall provide a uniform-state form.-(e) Each plan shall allow the employees to deposit an-141-142-143-144-145-146-147-148-149-150-151-152-153-154-155-156-157-158-159-160-161-162-163-164-165-166-167-168-SB211 INTRODUCED-Page 7-(e) Each plan shall allow the employees to deposit an-equal number of days (not to exceed five) of his or her earned-sick leave into the bank. The days deposited shall be-available to be loaned to any participating member whose sick-leave has been exhausted.-(f) Upon the establishment of a sick leave bank, the-sick leave bank committee shall establish procedures providing-for the uniform administration of the sick leave bank.- Guidelines shall be developed by the sick leave bank-committee for the operation of the sick leave bank.-(2) The guidelines developed by a sick leave bank-committee shall be approved by : (i) a secret ballot vote of-the participating members of the sick leave bank ; and (ii) the-educational authority . The accounting of the sick leave bank-shall be the responsibility of the authority. Vacancies-occurring on thea committee shall be filled by the respective-parties in the same manner as provided in subdivision (c)(2) .-No representative on the committee shall serve for a term-longer than five years.-(e) Each educational authority may adopt rules and-policies to implement and administer this section as to its-employees and the educational institutions under its control,-provided that no educational authority (g) Each sick leave-bank's guidelines shall include the regulations of this-section. Additional guidelines shall be adopted by the sick-leave bank committee as may be deemed appropriate and-beneficial. No board or sick leave bank committee shall may-adopt any policy or rule that regulation which conflicts with-the model policy developed under subsection (b), the-169-170-171-172-173-174-175-176-177-178-179-180-181-182-183-184-185-186-187-188-189-190-191-192-193-194-195-196-SB211 INTRODUCED-Page 8-the model policy developed under subsection (b), the-catastrophic leave provisions of subsection (f), the sick-leave direct donation provisions of subsection (g), any other-provision of this section, or any of the following general-regulations:-(1) No employee shall be allowed to owe more than 15-days to the sick leave bank, unless over 50 percent of the-participating members of the bank vote to extend the limit.-(2) Appropriate administrative forms for administering-the sick leave bank shall comply with the model policy and-uniform forms created pursuant to this section and be-developed by the sick leave bank committee , subject to the-approval of the educational authority .-(3) Sick leave days borrowed from the sick leave bank-shall be repaid to the sick leave bank monthly as re-earned by-the participating member. Upon the resignation or other-termination of an employee who has an outstanding loan of sick-leave days, the value of the loan shall be deducted from the-final paycheck at the employee's prevailing rate of pay.-(4) A participating member of the sick leave bank shall-not be allowed to accumulate more days than allowed in Section-16-1-18.1, including days in the sick leave bank.-(5) Employee membership in the sick leave bank shall be-voluntary.-(6) Any alleged abuse of the use of the sick leave bank-shall be investigated by the applicable sick leave bank-committee. On the finding of wrongdoing, the participating-member shall repay all of the sick leave credits drawn from-the sick leave bank and be subject to other appropriate-197-198-199-200-201-202-203-204-205-206-207-208-209-210-211-212-213-214-215-216-217-218-219-220-221-222-223-224-SB211 INTRODUCED-Page 9-the sick leave bank and be subject to other appropriate-disciplinary action as determined by the local educational-authority.-(7) Upon retirement or transfer of the sick leave bank-member, days on deposit with the sick leave bank shall be-withdrawn and transferred with the employee or made accessible-for retirement credit, as applicable.-(8) Before being eligible to use catastrophic sick-leave days, the participating member of the sick leave bank-shall first borrow and utilize days from the sick leave bank,-up to a maximum of 15 days. However, if the participating-member later qualifies for catastrophic sick leave, donated-catastrophic sick leave days may be used to repay days owed to-the sick leave bank to the credit of the affected-participating member.-(9) At the beginning of the scholastic year, or upon-employment of a new employee, as the case may be, the-appropriate number of sick leave days shall , upon application-of the employee, shall be credited to the employee's account-to enable the employee to join the sick leave bank if the-employee does not have the minimum number of sick leave days-to enable him or her to join the bank. TheEach sick leave bank-committee shall develop in its guidelines a provision whether-or not to allow other employees who have previously failed or-refused to join the sick leave bank the option to join upon-deposit of the prerequisite number of sick leave days. Any-policy developed by the sick leave bank committee shall be-uniformly applied to all employees.-(10)a. No employee may be required to appear before the-225-226-227-228-229-230-231-232-233-234-235-236-237-238-239-240-241-242-243-244-245-246-247-248-249-250-251-252-SB211 INTRODUCED-Page 10-(10)a. No employee may be required to appear before the-sick leave bank committee or request approval from the sick-leave bank committee in order to donate or receive leave under-this section, provided that each employee shall provide the-applicable educational authority with a written plan regarding-the employee's intended use of leave that he or she intends to-take pursuant to this section.-b. Any discretionary functions relating to the sick-leave bank are the responsibility of the educational-authority.-(f) (h) Catastrophic sick leave. Employees, at their-discretion, may donate a specific number of days to the sick-leave bank to be designated for a specific employee for use-against a catastrophic illness as defined by this section . A-donating employee shall not be required to donate a minimum-number of catastrophic days to the sick leave bank. The-recipient employee may use catastrophic sick leave days for-himself or herself or for other covered persons individuals as-provided in Section 16-1-18.1. Before sick leave days for a-catastrophic illness may be used by a recipient employee, the-recipient employee shall have first exhausted all sick and-personal leave. Donated days shall become available for use by-the particular employee who shall not be required to repay the-days. Any employee who donates sick leave days to the sick-leave bank for a particular employee suffering from a-catastrophic illness shall be clearly informed that the-donated days are not to be recovered or returned to the donor.-If a particular employee does not require all of the days-donated to the credit of the employee, the days shall revert-253-254-255-256-257-258-259-260-261-262-263-264-265-266-267-268-269-270-271-272-273-274-275-276-277-278-279-280-SB211 INTRODUCED-Page 11-donated to the credit of the employee, the days shall revert-to the credit of those employees who donated the days in-accordance with the guidelines adopted by the sick leave bank-committee. No employee may donate more than 30 sick leave-days, exclusive of the provisions of subsection (e), to the-sick leave bank for the catastrophic sick leave of any one-employee. A sick leave bank is authorized to may donate sick-leave days to another sick leave bank for use by a particular-employee who is suffering a catastrophic illness. An employee-must be a participating member of the sick leave bank to-donate or receive catastrophic sick leave days.-(g)(1) (i) Beginning with the 2027-2028 school year, an-employee may directly donate sick leave to any other employee-of any educational authority for any reason. An employee-donating leave under this section may donate to an employee of-any other educational authority, even if the donor is employed-by a different educational authority than the receiving-employee. Sick leave donated under this subsection shall not-be deposited into a sick leave bank. The recipient employee is-not required to repay the donor for the sick leave. No-individual employee may receive more than 30 total sick leave-days per academic school year under this subsection.-(2) If an educational authority has not authorized a-sick leave bank, the authority shall adopt procedures to-implement this subsection as the policy pertains to the direct-donation of sick leave.-(h)Compliance required. If an authority fails to comply-with this section within 30 calendar days after receiving the-petition to establish a sick leave bank, the State-281-282-283-284-285-286-287-288-289-290-291-292-293-294-295-296-297-298-299-300-301-302-303-304-305-306-307-308-SB211 INTRODUCED-Page 12-petition to establish a sick leave bank, the State-Superintendent of Education (for the public K-12 schools ), the-Chancellor of ACCS Postsecondary Education ( for the two-year-community colleges postsecondary schools) , or the president of-the governing board of trustees (for four-year colleges and-universities) public institutions of higher education shall-investigate the situation and shall immediately take due and-appropriate steps to ensure compliance with this section .-(i) It is the intent of the Legislature that all-constitutionally created boards of trustees comply with the-requirements of this section ."-Section 2. This act shall become effective on July 1,-2026.-309-310-311-312-313-314-315-316-317-318-319-320+FISCAL NOTE+Senate Bill 211+Committee: Education Policy Sponsor: Senator Gerald H. Allen+Analyst: John Friedenreich Date: 02/03/2026+Senate Bill 211 as introduced would increase the administrative obligations of the State Board+of Education to adopt a model sick leave policy and to adopt rules to implement and administer+the model policy. In addition, this bill would increase the administrative obligations of certain+public institutions of higher education to adopt rules and policies to implement and administer+the provisions of this bill.
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