The intent of the "Sick Leave Donation Policy" is to allow employees to voluntarily provide assistance to their co-workers who are in critical need of leave due to an extended illness or injury of the employee or a member of the employee's immediate family.
(a) Definitions. For the purpose of this policy, the following shall apply:
(1) Donee. the employee in need of and approved to receive donated sick leave.
(2) Donor: the employee volunteering to donate sick leave.
(3) Immediate family: father, mother, spouse, child, stepchild, grandchild, a legal guardian or any other person who stands in place of a parent (loco parentis).
(4) 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 and prenatal care.
(5) Spouse: a legally recognized husband or wife.
(b) Policy. Employees may donate accrued sick leave to a fellow employee who is otherwise eligible to accrue and use sick leave. The intent of the leave donation policy is to allow employees to voluntarily provide assistance to their co-workers who are in critical need of leave due to an extended serious health condition of the employee or a member of the employee's immediate family. This policy is established pursuant to ORC 124.391.
(c) Hours Donated. Any units donated shall be donated at a rate of pay equal to that of the donee for each day of sick leave to be donated.
(d) Receiving Leave. An employee may receive donated units up to the number of units the employee is normally scheduled to work each pay period. To receive donated units the member or a member of the employee's immediate family 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 exhausted any paid leave, Workers' Compensation, or benefits program for which the employee is eligible; and
(4) Has applied for Family and Medical Leave; and
(5) Has not been disciplined for the improper use of sick leave during the past three (3) year 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 completes and "Application to Receive Donated Leave" form.
(e) 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) Retains a sick leave balance of at least one hundred (100) hours; and
(3) Completes an "Application to Donate Leave" form.
(f) Administration. The sick leave donation program shall be administered on a pay period to pay period basis. The Employer shall review the Application to Receive Donated Sick Leave and the Application to Donate Sick Leave to assure compliance with Section 5 and 6 of this policy. Donations of sick leave will be recorded in the order of their submission, and will not be considered actually donated nor be deducted from the donor's balance or credited to the donee's balance until the pay period such leave is actually used. Unused donation applications shall be returned to the donor. Employees using donated leave shall be considered in active pay status and shall accrue leave and be entitled to any benefits to which they would otherwise be entitled. Vacation and sick leave accrued by an employee while using donated sick leave shall be used, if necessary, in the following pay period before additional donated sick leave may be received. The Employer shall maintain records that are necessary for the administration of this program. The Employer reserves the right to discontinue the program at any time. Any and all applications submitted by an employee requesting voluntarily donated hours must be approved by Council prior to Administration approval.
(g) Certification. Employees who wish to donate sick leave units shall certify:
(1) The name of the employee for whom the donated leave is intended; and
(2) The number of hours to be donated; and
(3) That the employee will have a minimum sick leave balance after donation of at least one hundred (100) hours; and
(4) That the sick leave is donated voluntarily and the employee understands that it will not be returned.
(h) Confidentiality. The Employer shall ensure that no employees are forced to donate leave. The Employer shall respect an employee's right to privacy; however, the Employer 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 the employees. The donation of sick leave shall occur on a strictly confidential and voluntary basis.
(i) Applications. An employee wishing to donate or receive donated sick leave should request the appropriate application from his immediate supervisor.
(Ord. 16-2016. Passed 2-8-16.)