The purpose of voluntary shared leave is to enable employees to donate earned leave to a fellow employee who has exhausted all earned leave and continues to be absent due to serious medical conditions. Annual leave may be donated to any approved employee in the same school system. Family members may donate annual leave to an immediate family member in another LEA or state agency. Sick leave may be donated only to an employee who is an immediate family member in the same or another LEA or state agency.
Donations made pursuant to this policy are voluntary. No employee should feel pressured or coerced to participate. The donating employee may not receive compensation in any form for the donation of leave. Any employee found guilty of giving or receiving compensation may be subject to dismissal as outlined in G.S. 115C-325.
Administrative procedures in conformance with State Board of Education policies will be developed and made available in the personnel office.
A. PURPOSE
The purpose of voluntary shared leave is to provide economic relief for employees who, for reason of prolonged absence caused by serious medical conditions, are likely to suffer financial hardship.
B. ELIGIBILITY
1) Only permanent full time and part-time employees are eligible to receive donated leave.
2) In order to be eligible to receive donated leave, the employee, at the time of receipt, must have no more than then (10) days of sick and annual leave combined. Instructional personnel, who are prohibited from using annual leave of student attendance days, will be eligible with no more than five (5) days of sick leave.
An employee who is receiving benefits from Disability Income Plan is not eligible to receive donated leave.
C. APPLICATION
An employee, who, due to a serious medical condition of self or his/her immediate family, faces a prolonged absence from work, may apply to the superintendent of the LEA for donated leave. Application may also be made by a third person acting on the employee's behalf. The term "immediate family" as used herein means only the employee's spouse, children, parents and any other dependents residing in the employee's household.
D. DONATION OF LEAVE
1. Persons eligible to donate. Any employee who has in excess of five (5) sick leave days accumulated or in excess of five (5) annual leave days accumulated is eligible, subject to the restrictions outlined below, to donate leave to an employee who qualifies and is approved by the superintendent to receive leave. Only employees in the same school system as the receiving employee may donate leave.
2. Restrictions on donation of leave.
a. All leave donations must be to a designated employee approved by the superintendent for receipt of donated leave and may not be made to a pool or bank.
b. All donations shall be in writing and signed by the donating employee. The employee to receive the donation of leave shall be named and the amount and type of leave donated shall be specified.
c. Any eligible employee may donate annual leave. A donating employee may not donate annual leave in an amount in excess of the amount that could be earned in one year.
d. Sick leave may be donated only to an employee who is a member of his/her family. The term "family" as used herein means the employee's spouse, children, parents, and any other dependents residing in the employee's home. A family member donor may not reduce his or her sick leave balance below five (5) days.
e. The donating employee may not receive compensation in any form for the donation of leave. Any probationary or career teacher as defined in G.S. 115C-325 found guilty of giving or receiving compensation is subject to dismissal in accordance with G.S. 115C-325. Any other employee found guilty of giving or receiving compensation is subject to dismissal at the will of the Board or in accordance with terms of contractual agreement(s) not covered by G.S. 115C-325.
E. USE OF DONATED LEAVE
1. An employee normally may receive no more than 130 work days of donated leave, either continuously or for the same condition on a recurring basis. After 130 work days have been used, the superintendent may extend this limit on a month to month basis until the maximum number of working days occurring between the first day of use of donated leave and twelve months has been used.
2. All donated leave must be used in one-half or whole day units.
3. Holidays falling during the period of use of donated leave will be paid. Annual and sick leave will continue to be earned by the employee while he or she is using donated leave.
4. An employee receiving pay from Worker's Compensation may use donated leave during the required waiting period and add to the compensation as provided in Section 10 of Employee Leave Policies.
F. UNUSED LEAVE
At the expiration of the medical condition, as determined by the superintendent of the LEA, any annual leave in excess of ten (10) days will be returned on a pro rata basis to the donor(s).
G. LEAVE BALANCE
Donated leave will not be counted in the receiving employee's account total on June 30.
Legal References: G.S. 115C-47, -336; 16 NCAC 6C.0402
Cross References:
Adopted: January 9, 2006
WILKES COUNTY VOLUNTARY SHARED LEAVE
INTENT TO DONATE LEAVE FORM
Employee’s Name:
SSN:
Number and Type of Days to be Donated:
To Whom Days are to be Donated:
Name Relationship of Donor to Donee:
Signature of Donor:
Date: