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HomeMy WebLinkAbout350-12GTY OF POLICY & PROCEDURE Subject: Index: HUMAN RESOURCES AND RISK LEAVE DONATION MANAGEMENT Number: 350-12 Effective Date: Supersedes: Page: Staff Contact: Approved y: 8/23/2017 5/1/2006 1 of 4 Ellen Bradley-Mak 1.0 PURPOSE: To provide an avenue for employees to donate leave to assist employees faced with a serious health condition to themselves or an immediate family member. The Leave Donation Program allows employees to voluntarily transfer accrued vacation, compensatory time, and personal holiday hours to another eligible employee who has exhausted all other paid leave due to a Federal Family Medical Leave Act (FMLA)-eligible serious health condition, and who is not receiving workers' compensation benefits or long-term disability. 2.0 ORGANIZATIONS AFFECTED: All departments and divisions 3.0 REFERENCES: Policy & Procedure 350-03 - Family Medical Leave Act/Washington Family Care Act Collective bargaining agreements Policy& Procedure 350-09 —Leaves of Absence Washington State Department of Retirement Systems Request to Receive Donated Leave" City Form Request to Donate Leave" City Form 4.0 POLICY: 4.1 Eligibility: Only probationary or regular status employees are eligible and may donate and receive leave. The Donated Leave Program is available to all eligible employees as defined above across all departments. Further eligibility requirements are as follows: 4.1.1 Donating Employee: To qualify as a donating employee, an employee must be a probationary or regular status employee working half-time or Leave Donation 350-12 p.2 greater and have sufficient vacation, compensatory time or personal holiday accrued to cover donated time. 4.1.2 Requesting Employee: Probationary or regular employees who meet the qualifying event criteria for a serious health condition under the Family and Medical Leave Act (FMLA) may apply for leave donation. The serious health condition may be the employee's or the employee's spouse, parent, child, stepchild, or someone with whom the employee has an "In Loco Parentis" relationship. If approved,the employee may receive donated leave. However, an employee does not have to be in active FMLA status in order to receive donated leave. For example, a probationary employee, or an employee who has exhausted available FMLA leave, may receive donated leave. The employee must have exhausted all other forms of his or her paid leave and also demonstrate a need for at least 40 hours of donated leave. 4.1.3 The period in which an employee may receive donated leave is the period which would otherwise be unpaid because leave balances have been reduced to zero. Employees may not receive workers' compensation benefits or long-term disability while receiving donated leave. 4.1.4 Due to the emotional atmosphere and high sensitivity surrounding these employee health conditions and issues, it is extremely important to respect each employee's decision to donate or not donate. It is not acceptable or appropriate to pressure, intimidate, or otherwise attempt to convince any employee to take action in a donation issue that is not of the employee's own volition. 5.0 DEFINITIONS: 5.1 Qualifying Event: To receive donated leave, probationary or regular employees who meet the qualifying reason criteria for a serious health condition under FMLA may apply for leave donation and, if approved, may receive donated leave. An employee may request leave for a serious health condition affecting him/herself, his or her spouse, parent, child, stepchild, or someone with whom the employee has an "In Loco Parentis" relationship. Donated leave may not be used for non-serious health condition FMLA-qualifying reasons such as parental leave following the birth or placement of a child for adoption or foster care, for bonding, or for qualifying exigencies related to the foreign deployment of a military member that are not medically related. 5.2 Service Accruals and Other Benefits: Donating employees may donate accrued vacation, compensatory time or personal holiday leave. Sick leave cannot be donated. Donated vacation, compensatory time or personal holiday leave will Leave Donation 350-12 p.3 be converted on a straight hour-for-hour basis to the recipient employee's sick leave account. Donated hours can only be credited for subsequent use. Any hours donated after the payrolt cut-off shall not be retroactively applied. 5.2.1 The donated leave, when converted, will be treated and utilized as sick leave for all purposes. If the donated leave is unused when the employee returns to work, the hours are returned to the donating employee. 5.2.2 Employees, while using donated leave, will continue to be eligible for City-paid health benefits. 5.3 In Loco Parentis: A legal doctrine describing a relationship similar to that of a parent to a child. ft refers to an individual who assumes parental status and responsibilities for another individual, usually a young person, without formally adopting that person. 6.0 PROCEDURES: 6.1 Requesting Employee: Any eligible employee may request a donation of hours by completing the Request to Receive Donated Leave form. If such employee is not capable of making application on their own behalf, a personal representative may make written application for the employee. Consent shall be obtained from the employee before application is made on behalf of that employee or, in situations where this is not possible, the recipient's guardian. This form is obtained by contacting the Human Resources and Risk Management Department HRRM). 6.1.1 Requests for leave donation must be submitted to HRRM. In order for the timely transfer of leave, forms must be submitted in the most immediate manner possible. Donated leave may only apply to time that would otherwise be unpaid due to a Qualifying Event. The request for donated eave will be reviewed in a confidential and objective manner. All determinations made by HRRM regarding qualification for donated leave are final. 6.1.2 Each request shall provide the following information concerning the potential leave recipient: 6.1.2.1 Name, employee number, department, work location, work phone, supervisor's name, and employment status; 6.1.2.2 Certification from the attending physician or other applicable health care provider with respect to the Qualifying Event; and Leave Donation 350-12 p.4 6.1.2.3 Any additional information that may be required to verify the information in the leave recipient's request. 6.1.3 The recipient must have exhausted all accumulated leave, including, but not limited to, compensatory time, personal holiday, vacation, personal leave and sick leave, prior to using any donated leave hours. If it can be shown by the requesting employee that during the anticipated period of disability all accrued leave will be exhausted,the request may be made prior to the actual disabling Qualifying Event. The recipient must not be eligible to receive worker's compensation benefits or be receiving long term disability payments. The recipient employee may receive up to a maximum of six (6) months of donated leave. If additional donated leave beyond the six (6) month maximum is necessary, this may be approved by the Mayor or his/her designee on a case-by-case basis. 6.2 Donating Employee: 6.2.1 Applicable paid leave may be donated within 14 calendar days from the date of HRRM's posting of a Request for ponation of Leave notice as stated in Section 6.3.1.5 herein. Subsequent postings may be utilized for any additional needs. Hours are donated by completing the Request to Donate Leave form, and must be submitted to HRRM as indicated on the posted notice. 6.2.2 Leave may be donated in increments of one hour. 6.3 Human Resources & Risk Management Responsibility: 6.3.1 Requests/Donations: 6.3.1.1 Notification of determination of approval or denial will be made within seven (7) calendar days of receipt of a completed Request to Receive Donated Leave form. The determination will be completed by HRRM staff. 6.3.1.2 If the request is approved, the employee will be notified of the decision and the effective date. 6.3.1.3 If the request is denied, the employee will be notified of the decision by letter. 6.3.1.4 The request is filed in the employee's medical file with the final decision and all supporting documentation. Leave Donation 350-12 p.5 6.3.1.5 HRRM will generate and post the Requestfor ponation of Leave notice. HRRM will also accept leave donations and process those donations in accordance with this policy. 6.3.1.6 HRRM will notify the donor of any unused leave. Any unused donated leave will remain in the donating employee's leave balances. 6.4 Department Responsibility: 6.4.1 Each department will be responsible for making sure that all requests are posted and/or distributed for all employees to see. Additionally, each department will have Request to Donate Leave forms available for those employees who wish to donate to the recipient. All such forms offering to donate leave shall immediately be submitted to HRRM. 6.5 Payroll Responsibility: 6.5.1 Payroll reduces the donor's vacation, compensatory time, and/or personal holiday balances according to the approved request forms submitted by the department. Payroll shall retain the Requesr to Donate Leave form from each employee for an audit trail. 6.5.2 Upon notification of the donation of hours, Payroll will credit the receiving employee's record with the authorized hours. The hours shall be credited as sick leave. A copy of the approved leave report shall be retained in the Payroll Division.