Employees paid by warrant of the director of budget and management may donate paid leave to a fellow employee who is otherwise eligible to accrue and use sick leave and reports to the same agency pursuant to the provisions of section 124.391 of the Revised Code and this rule. The intent of the leave donation program is to allow employees to voluntarily provide assistance to their co-workers who are in critical need of leave due to the serious illness or injury of the employee or a member of the employee's immediate family. The definition of immediate family as provided in rule 123:1-47-01 of the Administrative Code shall apply for the leave donation program.
(A) An employee may receive donated leave, up to the number of hours the employee is scheduled to work each pay period or as provided in paragraph (A)(4) of this rule, if the employee who is to receive donated leave:
(1) Or a member of the employee's immediate family has a serious illness or injury;
(2) Has no accrued leave;
(3) Has not been approved to receive other state-paid benefits; and
(4) Has applied for any paid leave, workers' compensation, or benefits program for which the employee is eligible. An employee who has applied for these programs may use donated leave to satisfy the waiting period for such benefits, when applicable. After the waiting period, donated leave may be used up to an amount equal to the benefit for which the employee applied, (e.g., seventy per cent for disability leave benefits) while the employee's application is pending approval.
(B) Employees may donate leave if the donating employee:
(1) Voluntarily elects to donate leave and does so with the understanding that donated leave will not be returned;
(2) Donates a minimum of eight hours; and
(3) Retains a combined leave balance of at least eighty hours. Leave shall be donated in the same manner in which it would otherwise be used.
(C) The leave donation program shall be administered on a pay period by pay period basis. 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. Leave accrued by an employee while using donated leave shall be used, if necessary, in the following pay period before additional donated leave may be received. Donated leave shall not count toward the probationary period of an employee who receives donated leave during his or her probationary period. Donated leave shall be considered sick leave, but shall never be converted into a cash benefit.
(D) Employees who wish to donate leave shall certify:
(1) The name of the employee for whom the donated leave is intended;
(2) The type of leave and number of hours to be donated;
(3) That the employee will have a minimum combined leave balance of at least eighty hours; and
(4) That the leave is donated voluntarily and the employee understands that the donated leave will not be returned.
(E) Appointing authorities shall ensure that no employees are forced to donate leave. Appointing authorities shall respect an employee's right to privacy, however appointing authorities 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. Appointing authorities shall not directly solicit leave donations from employees. The donation of leave shall occur on a strictly voluntary basis.
R.C. 119.032 review dates: 09/14/2006 and 12/01/2011
Promulgated Under: 119.03
Statutory Authority: 124.09(A)
Rule Amplifies: 124.391
Prior Effective Dates: 10/25/95 (Emer.), 1/23/96, 11/10/96, 9/28/97