§ 36.068 BENEFIT LEAVE SHARING.
   (A)   (1)   Employees who accrue benefit leave (sick and vacation), and who have exhausted their leave balances may have benefit time donated to them by other eligible county employees. Both recipients and donors must meet the definition of full-time employee of the Woodford County Fiscal Court or Woodford County Detention Center.
      (2)   A donor may not donate an amount of leave which would cause his or her sick leave balance to go below 160 hours or vacation leave to go below 80 hours.
      (3)   An employee becomes eligible to receive donated benefit leave when the following criteria are met:
         (a)   The employee and absence qualifies for approved leave under the guidelines of the Family and Medical Leave Act or the Woodford County Fiscal Court Medical Leave of Absence Policy;
         (b)   The employee has exhausted all of his or her available paid leave; and
         (c)   The employee has complied with administrative policy regarding appropriate use of sick leave.
      (4)   The forms needed to receive or donate leave may be obtained from the Personnel Administrator.
   (B)   Eligible recipients. Employees eligible to receive donated time must be employees of the Woodford County Fiscal Court or Woodford County Detention Center. Employees of other elected officials (i.e., County Clerk, County Attorney, Sheriff, Coroner), are not eligible for this benefit unless specifically authorized by the Woodford County Fiscal Court. The employee must be on an approved leave of absence that qualifies for the Family and Medical Leave Act or the Woodford County Fiscal Court Medical Leave of Absence. This leave-sharing program may also be available to individuals who have exhausted benefits under these policies, as long as the reason for time off work would otherwise still qualify for 1 of these programs.
   (C)   Eligible donors. Employees eligible to donate leave time are those employed directly by the Woodford County Fiscal Court or Woodford County Detention Center. Employees of other elected officials (i.e., County Clerk, County Attorney, Sheriff, Coroner), are not eligible for this benefit unless specifically authorized by the Woodford County Fiscal Court.
   (D)   Procedure.  
      (1)   Recipient. Recipient completes application and submits it along with physician’s certification (if applicable) to his or her Department Head who, after signing the document, submits it to the Personnel Administrator. The Personnel Administrator verifies that the employee will exhaust all accrued benefit time during the projected absence. The employee does not have to have exhausted all leave before submitting the application. The employee is then notified whether the request has been approved or denied.
      (2)   Donor. Donor completes donation form and submits it to his or her Department Head who, after signing the document, submits it to the Personnel Administrator.
         (a)   The Personnel Administrator verifies the donor’s leave balance eligible for donation. The employee is then notified whether the donation has been approved or denied.
         (b)   The Personnel Administrator is responsible for transferring the appropriate hours to the recipient. Copies of all donation and receipt records will be kept in each affected employee’s confidential file separate from the regular personnel file.
      (3)   Sequence of leave usage. Donated leave will be transferred to the recipient at the time of donation, not on a pay-period basis, up to the amount requested. As the recipient accrues leave of his or her own, that leave time must be used first. Then, the donated time may be used.
       (4)   Recipient retaining leave after return to work. The recipient may retain the donated leave upon return to work only if the recipient documents that leave will be needed for continuing treatment relating to the condition which caused the initial absence. For example, if the employee was absent due to surgery to remove a malignant tumor and returns to work, but will require periodic absences for radiation therapy, the excess leave may be retained for that purpose. The employee may not retain the excess leave to be used for any unrelated condition.
      (5)   Sequence of restoring unused leave to donors. When the recipient returns to work and the donated leave is no longer needed for the qualifying condition, excess leave shall be returned to donors in reverse order of donation (last donor’s leave is returned first). If the donor has left employment, the returned hours should be credited to the inactive record.
(Order passed 10-12-2004)