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(a) Purpose. The intent of the leave donation policy is to allow employees of the City of Campbell to voluntarily provide assistance to their co-workers (other employees of the City of Campbell) who are in critical need due to an extended illness or injury of the employee.
(b) Definitions. For the purpose of this policy the following shall apply:
(1) Recipient: The employee in need of an approval to or receive donated sick leave.
(2) Donor: The employee volunteering to donate sick leave.
(3) Serious health condition: An illness, injury, impairment or physical/mental condition that involves a period of incapacity or treatment that requires absence from employment and involves care by a health care provider. Serious health condition also includes continuing treatment of chronic or long-termed incurable conditions.
(c) Policy. Employees of the City of Campbell may donate accrued sick leave or vacation time to a fellow employee who is otherwise eligible to accrue and use sick leave.
(d) Hours Donated. When a donor making less than the hourly rate of the recipient donates leave, the leave donated will be converted to a cash value and then divided by the recipient’s base hourly rate to produce the actual amount of hours donated. When a donor making more than the hourly rate of the recipient donates leave, the leave donated will be done on a hour- for-hour basis.
(e) Receiving Leave. An employee may receive donated leave up to a maximum period of three (3) months. Each pay period an employee may receive donated leave up to the number of hours the employee is normally scheduled to work each pay period (the equivalent of the employee’s normal biweekly earnings), if the employee to receive donated leave has a serious health condition and the employee:
(1) Has no accrued paid leave; and
(2) Has completed his or her new hire probationary period; and
(3) Has applied for any paid leave, Worker’s Compensation or benefits program for which the employee is eligible; and
(4) Has applied for and qualifies for Family and Medical Leave; (leave taken under this program will run concurrently with the twelve (12) week entitlement under the Family and Medical Leave Act); and
(5) Has not been disciplined for the improper use of sick leave during the past twenty-four (24) month period; and
(6) Has provided acceptable written verification that a serious health condition exists; and
(7) Agrees to accept the leave under the terms of this policy and does so with the understanding that any donated leave may only be used to continue the recipient in active pay status on the City’s payroll and will not be paid out upon separation from the City.
(f) Donating Leave. Employees may donate leave if the donating employee:
(1) Voluntarily elects to donate sick leave and does so with the understanding that donated leave will not be returned; and
(2) Donates a minimum of eight (8) hours; and
(3) Retains a sick leave balance of at least two hundred (200) hours; and
(4) Completes a “Donation of Leave” form, which will contain the following certifications:
A. The name of the recipient;
B. The number of hours to be donated; and
C. An acknowledgement that the leave is donated voluntarily and the employee understands that it will not be returned once it is donated.
(g) Confidentiality. The City shall ensure that no employees are forced to donate leave. The City shall respect an employee’s right to privacy; however, the City may, with the permission of the employee who is in need of leave or a member of the employee’s immediate family, inform employees of their co-worker’s critical need for leave donations from employees. The donation of the sick leave shall occur on a strictly confidential and voluntary basis.
(Ord. 2011-0973. Passed 4-6-11.)