W. Va. Code R. § 148-21-7

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

Section 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.

W. Va. Code R. § 148-21-7