W. Va. Code R. § 148-21-7 - Repayment of funds
7.1. Prior to
an employee receiving payment for unused sick leave, the employee must first
contract with the Department of Administration and agree to reimburse the State
Employee Sick Leave Fund for the amount exchanged plus twelve percent interest
per annum if the employee elects to separate from employment within sixty (60)
months of the date of the exchange. Separation from employment with the State
of West Virginia, for purposes of W. Va. Code §
5-5-6,
does not include death or retirement.
7.2. The Secretary shall pursue collection of
the obligation directly or by contracting with a collection agency.
7.3. The State Auditor shall notify the
Secretary when an employee who received payment for unused sick leave separates
from employment so that the Secretary may pursue collection of the obligation.
The Auditor shall provide reports to the Finance Director identifying all
employees who received payment for their unused sick leave to ensure an
employee does not receive payment more than once per year.
7.4. The Department of Administration shall
not pay any employee more than $25,000.00 total compensation for such
employee's unused sick leave. If an employee requests additional funds the
Department of Administration shall advise the employee that the employee has
already received the maximum amount allowed by law.
Notes
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