Policy Name: Donated Leave Policy
Policy ID Number: 03-04-018
Version Effective Date: Not Available
Last Reviewed On: January 1, 2019
Applies To: Faculty, Staff
Responsible Office: Human Resources
INTRODUCTION AND STATEMENT OF PURPOSE
The purpose of this policy is to establish criteria and standards for the donation of accrued sick and/or vacation time to other eligible employees who have exhausted their own earned leave time and who are suffering from a catastrophic illness or injury which necessitates the prolonged absence from work by the employee. For classified employees, donated leave may also be used to care for an immediate family member (spouse, parent, or child) of a classified employee.
Eligibility for Receiving Donated Leave
- The recipient must have completed at least one (1) year of continuous service at the University.
- The recipient must be suffering from a catastrophic illness or injury which necessitates the employee's prolonged absence from work and for which the employee has no availability of paid leave. A classified employee who is out for more than sixty (60) days or who is caring for a dependent that is suffering from a catastrophic illness or injury which necessitates the employee's prolonged absence from work and for which the employee has no availability of paid leave is also eligible to receive donated leave. (See Administrative Code for more information - Title 4A:6-1.22: Donated leave program)
- The recipient must have exhausted all accrued leave time including compensatory time off, sick leave, vacation leave, and administrative leave.
- The recipient must receive a total of at least five (5) donated days to participate in the program.
- An employee receiving donated leave shall not receive temporary disability benefits for the same period they are paid wages from donated sick or vacation time.
- The eligible recipient's leave time will be credited with the donated time indicating the donation. The recipient may receive days from more than one donor but may not use a total of more than one hundred eighty (180) days. The donated leave cannot be received on a retroactive basis.
Donor Eligibility Requirements
- An eligible employee may donate up to ten (10) days to one recipient. They must have at least twenty (20) days of accrued sick leave if donating sick leave and at least twelve (12) days of accrued vacation leave if donating vacation leave. Donors are required to have a balance of 20 accrued vacation days and 12 accrued sick days in their bank after donating time.
- An eligible leave donor may not revoke the leave donation once the donation is made in writing through the Human Resources Department.
- Any eligible employee may participate in this program as a leave recipient or donor by contacting the Human Resources Department. A supervisor may also initiate the process on behalf of the employee for their participation in the program as a leave recipient by contacting Human Resources.
- Medical certification from a physician or other licensed healthcare provider providing the nature and anticipated duration of the illness or injury must be submitted by the employee requesting participation in the program. Decisions regarding eligibility will be made on a case-by-case basis by the Human Resources Department.
- Once a recipient is approved for the program the Human Resources Department will post or announce by other appropriate means the name(s) of eligible employee(s) who will have exhausted all earned paid leave time by a designated date.
- This will be announced with the recipient's consent. If the employee is unable to consent a member of the employee's immediate family may consent on behalf of the employee as long as the family member has the employee's written authorization to participate.
- The donor and the recipient (or family representative) will fill out the required forms. No one shall directly or indirectly intimidate, threaten or coerce, or attempt to intimidate, threaten or coerce any other employee for the purpose of interfering with any right which such employee may have with respect to contributing, receiving or using paid leave under this program. This shall include promising to confer or conferring any benefit (such as appointment, promotion, or compensation) or retaliating or threatening to retaliate (such as deprivation of an appointment, promotion, or compensation). Any employee who engages in the above prohibited conduct may be subject to disciplinary action as applicable.
- The donor's leave time will be reduced by the number of days which are donated and they will be notified of this in writing.
- While using donated leave time the leave recipient shall accrue sick leave and vacation leave and be entitled to retain that sick leave upon his or her return to work.
- Should the recipient employee return to work, or otherwise terminate the use of leave with donated time remaining, that time will be returned to the donor(s) on a prorated basis in whole days. Any pro ration that would amount to less than one whole day per donor will not be returned.
- Upon retirement, the leave recipient shall not be granted supplemental compensation on retirement for any unused sick days which they had received through the donated leave program.
- The donated leave program does not alter existing policies regarding entitlement and/or accrual of sick, vacation or compensatory time.
DATE TO INITIATE REVIEW AND UPDATE
As deemed necessary or appropriate by the Policy Coordinator but at a minimum, at least every 5 years from the date of last review.