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478-1-.17 Leave Donation
(1) Introduction.
A leave donation program enables eligible employees to voluntarily donate accrued leave to other eligible employees who have exhausted all paid leave. Recipients have typically been absent for extended periods due to their own or a family member’s illness.
(a) For the purposes of this Rule, the following terms and definitions apply in addition to those in 478-1-02 (Terms and Definitions):
1. “Donor” means an eligible employee who has elected to donate leave to another employee.
2. “Recipient” means an eligible employee who has been authorized to solicit donations of leave from other employees.
(2) General Provisions.
An agency may adopt a policy to permit eligible employees to donate or receive leave from other employees of the same agency. Any leave donation policy adopted should specify criteria to be used in authorizing solicitations for donated leave, designate staff to administer leave donations, specify how donations will be credited to the recipient, and be published to employees. The agency may also prescribe a minimum donation amount in the policy.
(3) Approval and Solicitation.
The agency shall have the discretion to approve all requests for solicitation of leave donations prior to the circulation of such solicitation. Following approval of a request to solicit leave donations, the agency shall designate staff to assist the recipient in developing a solicitation announcement. The recipient or the recipient’s designee shall agree, in writing, that the announcement is satisfactory prior to any circulation of such announcement.
(a) Solicitation announcements shall be circulated to the extent necessary in order to encourage donations. The agency shall determine the scope and duration of solicitation announcements; provided, however, solicitation announcements shall be posted for not less than ten (10) work days.
(4) Donor.
To be eligible to donate leave a donor must: Have been continuously employed for not less than twelve (12) months by the state in a position(s) entitled to earn leave; Be an employee of the same department as the recipient; If donating annual leave, have a balance of not less than sixty (60) hours of annual leave after donation; and, If donating sick leave, have a balance of not less than sixty (60) hours of sick leave after donation.
(a) A donor may donate any amount of annual leave or personal leave and not more than one hundred and twenty (120) hours of sick leave in a calendar year. A donation may not be made from a forfeited leave balance. The agency may determine a minimum donation amount; provided, however, all donations shall be in increments of whole hours.
(b) A donor shall authorize the identity of the recipient and the type and amount of leave being donated. Such authorization shall specify that the donor surrenders any claim to any donated leave credited to the recipient.
(c) Leave may not be donated to any recipient that has not been authorized by the agency to receive such donations.
(5) Recipient.
To be eligible to use donated leave a recipient must: Be employed in a position entitled to earn and use leave and not in contingent leave without pay status; Have been continuously employed, as of the date a request to solicit donated leave is filed with the appointing authority, for not less than twelve (12) months by the state in a position(s) entitled to earn leave; Have met criteria established by the appointing authority; Have exhausted all accrued and forfeited leave and all available compensatory time; and, Have been on authorized leave without pay for eighty (80) consecutive hours; provided, however, that the use of any leave accrued after leave without pay status has commenced may be deferred until the previously referenced eighty (80) hour requirement has been satisfied.
(a) No more than forty (40) days prior to going into leave without pay status, a recipient may request solicitation of donated leave. The recipient shall request solicitation of donated leave in the form and manner specified by the appointing authority and shall provide such documentation as the agency may deem appropriate.
(6) Donations and Credits.
Donations, not to exceed five hundred and twenty (520) hours, shall be credited to a recipient in a manner determined by the agency; provided, however, that donations received after the maximum has been reached shall not be accepted and shall be returned to the appropriate donor.
(a) Donations accepted but not used by the recipient may, if authorized by agency policy, be returned to the appropriate donor(s) in the manner specified by such policy. Once a recipient has returned to duty, not more than forty (40) hours of previously donated leave may be retained for the recipient’s use.
(b) Multiple donations shall be permitted for the same recipient; provided, however, no recipient shall be credited with more than one thousand forty (1040) hours of donated leave in any consecutive two calendar year period.
(c) The recipient may use credited donated leave for any purpose authorized under the provisions of Rule 478-1-.16 (Absence from Work).
(7) Prohibitions and Penalties.
Leave donation is strictly voluntary. No employee may threaten, coerce or attempt to threaten or coerce another employee for the purpose of interfering with rights involving the donation, receipt or use of leave. Prohibited acts include, but are not limited to: promising to confer or conferring a benefit such as appointment, promotion or salary increase; or making a threat to engage in, or engaging in an act of retaliation against an employee because of leave donation. Any employee violating this Rule may be subject to disciplinary action, up to and including termination of employment. Donors are prohibited from accepting compensation or gifts from recipients in exchange for leave donations.
