SECTION 1.  Notwithstanding any special or general law to the contrary, state agencies, as defined in section 1 of chapter 29 of the General Laws, shall agree to establish a sick leave bank policy.

(a) The agency shall establish rules and procedures to be used by employees who have contributed to the sick leave bank. Each agency may decide to permit sick leave bank donations to be made on an as needed basis.

(b) The following provisions must be included in the rules and regulations adopted by the state agency:

1. The agency must review the sick leave utilization of any member of the sick leave bank who applies for sick leave from the bank. Sick leave will not be granted to an applicant with evidence of prior sick leave abuse in his or her personnel file or attendance record.

2. The agency must require adequate evidence of illness or injury, which is not job-related, of an employee only (not any family member).

3. An employee who applies to the sick leave bank must have used all available accrued and accumulated leave including vacation and personal leave.

(c) Any unused sick leave remaining in the sick leave bank on December 31 shall be reverted to the contributor, provided that totals shall not exceed 25 days.

(d) Nothing contained herein shall effect current collective bargaining agreements relative to the establishment of sick leave bank policies.