W. Va. Code R. § 148-21-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 148-21-3 - Employee Application Procedure

3.1. Any eligible employee wishing to be paid for his/her unused sick leave shall complete the Application for Payment of Unused Sick Leave & Reimbursement Agreement form established by the Department of Administration and submit it to the head of the employee's Spending Unit.

3.2. Said application shall include the following information:

3.2.a. The date on which the employee began employment with the State of West Virginia, the employee's years of service, as defined under W. Va. Code § 5-5-1, and the Spending Unit with which the employee is currently employed.

3.2.b. The number of unused sick days for which the employee is requesting payment.

3.2.c. The total number of unused sick days the employee has accumulated at the date of application.

3.2.d. The number of sick days the employee would have remaining after payment for available unused sick days. The employee must maintain a balance of at least fifty (50) days after payment.

3.2.e. The current budgeted annual salary of the employee seeking payment for unused sick leave. Current budgeted annual salary includes the base pay and does not include overtime pay or increment pay.

3.2.f. The current daily rate of pay of the employee seeking payment for unused sick leave, as well as an explanation of how the rate of daily pay was computed.

3.2.g. If the employee's monthly salary exceeds the amount of the cap established in W. Va. Code § 5-5-6(c)(1), the Application for Payment of Unused Sick Leave & Reimbursement Agreement shall reflect that the daily rate of pay was computed based upon such cap, or the legal amount allowed under § 5-5-6(c)(1).

3.2.h. All sources of funds from which the employee seeking payment for unused sick leave is paid, including the WV FIMS codes.

3.3. Any employee wishing to be paid for his/her unused sick leave shall complete the appropriate state and federal tax forms prior to being paid for the employee's requested unused sick leave days. Said forms are entitled IRS Form W-4 and State of West Virginia form WV/IT-104 and shall be submitted at the time of application.

3.4. The Department of Administration shall process the applications in the order of receipt and within thirty (30) days from receipt of such application.

W. Va. Code R. § 148-21-3