SECTION 6.85 DONATED LEAVE FOR EMPLOYEES
Last Update:
10/12
I. Policy
Noncontract covered employees, as
well as employees covered by the American Federation of State, County, and Municipal Employees (AFSCME),
United Electrical/Iowa United Professionals (UE/IUP), and State Police Officers Council (SPOC) collective bargaining agreements, are eligible to receive donated leave (vacation, compensatory leave, holiday compensatory leave
and banked holiday time) hours for a catastrophic illness. The employees may also donate accrued leave (vacation) hours to another State employee.
Employees covered by the AFSCME collective bargaining agreement are also eligible to donate compensatory leave, holiday compensatory leave and banked holiday time to any State employee.
This policy includes Board of Regents and Community Based Corrections employees who are
covered by the AFSCME collective bargaining agreement.
II. Definitions
A. Employer means the executive branch of the State of Iowa, or one of
the
executive
branch agencies When applicable, it also means an appointed or elected chief
administrative head of
a department, commission, board, independent agency, or
statutory office or that person's designee.
B. Employee means a full-time or part-time executive branch employee who is eligible to
accrue vacation. Employee also means the employees designee.
C. Catastrophic illness means a physical or mental illness or injury, as certified by a
licensed physician, that will result in the inability of the employee to work for more than
30 work days on a consecutive or
intermittent basis.
D. Donated leave means vacation leave, compensatory time, and holiday compensatory
time (hours) donated to employees. Recipients will not accrue vacation and sick leave
benefits based on donated leave hours. Donated leave is
not
considered to be pay that the employee earned through the performance of
service. It is payment of a monetary
benefit only.
III. Program Eligibility
A. In order to receive donated leave for a catastrophic illness, an employee must have a
catastrophic illness as defined in II-C above.
B. The employee must:
1. have exhausted all paid leave; and
2. not
supplement workers compensation to the extent that it exceeds more than
100 percent of the employee's pay for his or her regularly scheduled work hours
on a pay period-by-pay period basis; and
3. not
receive long-term disability (LTD); and
4. be approved for and using or have exhausted Family and Medical Leave Act
(FMLA) leave hours if eligible; and
5. be on approved leave without pay for medical reasons during any hours for which he or she will receive donated leave.
C. The physicians statement on the Donated Leave for Catastrophic Illness Application (CFN 552-0611) form is
the
basis for determining if an employee meets the
requirements of the catastrophic illness definition. The employer will determine if the
employee meets the remaining eligibility requirements in Part II C.
D. Employers may, at their departments initiative and expense, seek second opinions or updates from physicians regarding the status of an employee's illness or injury. If the
employee is
receiving FMLA leave, the second opinion must be obtained from a physician who is not employed by the State.
IV. Program Requirements
A. Hours shall be donated in whole-hour increments and designated as donated leave.
However, donations may be credited to the recipient in other than whole hour
increments. All of the recipients accrued leave must be used before donations will be credited to the recipient. Hours will be credited in increments not to exceed the
employees regularly scheduled work
hours on a pay period-by-pay period basis.
Recipients will not accrue vacation or sick
leave on donated leave hours.
B. Information regarding recipients, donors, and the number of leave hours donated is
confidential and will be treated as such by each agency involved. Donors also should treat information regarding the recipients, and the number of leave hours as confidential, but they are not prohibited from telling the recipient if they choose to do
so,
C. Donated leave hours are not tax-deductible.
D. Approval for use of
donated leave shall be for a period not to exceed one
year either on
an intermittent or continuous basis for each occurrence.
E. Donated leave shall be irrevocable after it is
credited to the recipient. Donated leave
hours not credited to the recipient will not be deducted from
the
donors leave balance.
F. Donations shall be credited on a first-in/first-out basis according to the date and time on
the Donated Leave for Catastrophic Illness Contributions (CFN 552-0612) form.
G. Donated leave for
catastrophic illness will not restrict the right to terminate probationary
employees. The pay increase eligibility date will be extended by the amount of time the
employee received donated leave if the leave is
30 days or longer.
H. The employer shall post a Donated Leave for Catastrophic Illness
Request (CFN 552-
0620) form indicating that an employee is
eligible to receive donated leave and the name of the person to contact for the donation forms. The employer is
not
required to
post the request in other departments; however, donated leave hours can be received
from executive branch employees outside the employing department.
I. Leave without pay provisions shall apply to the following benefits: health, dental, life and long-term disability insurances; pre-tax; deferred compensation; flexible spending
accounts (FSA); tax sheltered annuities; holiday pay; sick leave accrual; vacation leave accrual; shift differential pay; longevity pay and cash payments. In addition, employees receiving donated leave for catastrophic illness will not be eligible for leadworker
pay, extraordinary duty pay or special duty pay. When FMLA leave and donated leave for a catastrophic illness are used concurrently, the State is obligated to
pay its share of
health and dental insurance as long as the employee continues his or her share of the premium, if any. Once FMLA is
exhausted and the employee is receiving only
catastrophic illness payments, the employee must pay the entire health and/or dental premium. The State also maintains an employee's basic life and long-term disability
insurances during periods of medical leave for an employees illness.
J. Employees may choose to continue or terminate miscellaneous insurance, One Gift, and
credit union deductions while using donated leave hours. Mandatory deductions are taken from
gross pay first, then optional deductions as funds are available and as
authorized by the employee. Union dues deductions will continue as long as the
employee has sufficient earnings to cover the dollar amount certified to the employer after deductions for social security, federal taxes, state taxes, retirement,
garnishments/wage assignments, health, dental, and supplemental life insurance premiums, and deductions for flexible spending accounts. Contributions to the
employees dependent care account will not be allowed during a period of leave without
pay. Claims will not be paid for dependent care while an employee is
on leave without pay, unless the employee is
not capable of
self- care.
K. If an employee applies for and is approved to receive LTD benefits, he
or she may
continue to receive donated leave contributions for up
to one
year on an intermittent or
continuous basis. An employee may terminate donated leave contributions at any time. An employee who continues to receive donated leave after LTD benefits have been
approved will not be eligible to draw LTD benefits until the donated leave has been
used. Donated leave hours not used are not credited to the recipient and are not
deducted from the donors leave balance.
V. Recordkeeping
A. The employing agency must maintain records pertaining to donated leave and must
make these records accessible to
State Auditors upon request.
B. Records and documents relating to
donated leave must be treated as confidential and
maintained in the employees confidential medical file. Supervisors, managers, first aid and safety personnel may be provided relevant information on a need-top-know basis.