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Donation of Leave Time (PER-2 Rev. 11) °',, CITY OF DELRAY BEACH 0. ADMINISTRATIVE POLICIES AND PROCEDURES DEPARTMENT: Human Resources POLICY NUMBER: PER-2 SUBJECT: Donation of Leave Time SUPERSEDES: Rev. 10 REVISION: 1 EFFECTIVE DATE: /D/30 � / APPROVED BY: Terrence R. Moore, ICMA-CM, City anager PURPOSE A Donation of Leave Time Policy has been established to allow an employee the opportunity to request approval to receive a donation of accrued leave from other City employees for a serious health condition. POLICY Employees are permitted to voluntarily donate unused accumulated leave to another employee due to a serious health condition as defined by the Family Medical Leave Act (FMLA) in accordance with the Eligibility Section below. This serious health condition extends to the employee's immediate family (defined as a spouse, domestic partner, parent, or child residing within the employee's household). The receiving employee is not eligible to receive donated time in excess of 336 hours in any 12- month period. If the receiving employee is approved for the City's Long-Term Disability (LTD) benefit, combined donated time and LTD cannot exceed the employee's regular bi-weekly salary. ELIGIBILITY TO REQUEST DONATIONS: In order to request approval to receive a donation of accrued leave, the recipient employee must satisfy the following eligibility requirements: A. Employee shall be a regular full-time City employee. B. Employee must have one (1) year of continuous service. C. Employee with less than one year of continuous service must be hospitalized for fourteen (14) calendar days or more. D. Employee must not have been disciplined for abuse of sick leave in the past five (5) years. E. Employee must have been out of work due to illness for 200 hours or more over the previous 6 months due to a serious health condition as defined by the Family Medical Donation of Leave Time PER 2 Rev. 11 Page 2 of 4 Leave Act (FM LA) or must have been hospitalized for fourteen (14) calendar days or more F. Employees who have a low sick leave balance or show excessive use may be deemed ineligible to receive donations. For the purpose of this section, excessive use shall mean use in excess of the equivalent of one year's accrual (96 hours non FMLA leave for a 40 hour work week employee or 115.2 hours non FMLA leave for shift employees) in any 12-month period. Department Heads are encouraged to review sick leave use closely prior to recommending approval. G. Employee or immediate family member must be under the direct care of a licensed physician (person diagnosing serious health condition). H. Employee must have used all his/her accumulated leave time. I. Employee or immediate family member must meet the criteria of"serious health condition" for a leave of absence defined by the Family Medical Leave Act (FMLA). An employee shall contact the Human Resources Department for more information on FMLA leaves of absence. J. Employee's injury or illness must be non-job related. ELIGIBILITY TO MAKE DONATIONS In order for an employee to donate accrued and available leave time, the donor employee must consider the following: A. Employees may donate up to 40 hours per calendar year. B. Employees may donate sick leave if their remaining balance is at least five (5) days after the donation. C. Donated leave time shall be a minimum of four (4)hours. D. Should the recipient of the donated time return to work on an approved, regular basis or terminate, any excess donated time shall be returned to the donor employee(s) in the inverse order in which it was give(i.e. the last person donating time would be the first person to receive back the balance of donated time). E. Employees who desire to donate time shall complete the designated form and submit this form to their departmental payroll section a minimum of seven (7) days prior to such transfer taking place. F. Donated time to any employee shall only be used to bring an employee to full salary for regularly scheduled work hours. In no case shall any donation be paid out in cash when an employee terminates. Donation of Leave Time PER 2 Rev. 11 Page 3 of 4 G. Only accrued and available vacation leave, sick leave and Personal Holiday time may be offered as a donation PROCEDURE A. Requesting Donated Leave Time An employee may request approval for the donation of leave time from his/her Department Head. The Department Head or designee must submit a request, in writing, for permission to solicit donations of accrued leave time from City employees to the Director of Human Resources and shall specify the employee's name, reason(s)for requesting such donations of leave and estimated duration of absences, if known. This request must also include the completed Request for Donation of Time Form and the Certification of Physician or Practitioner Form. The request shall be made at least one (1) pay period prior to any time being donated. The Human Resources Director or designee shall review the request and approve or reject the request. This review shall include the reasons for the request, the estimated term of the illness or injury, the status of the employee(full-time, etc.), the medical doctor's certification and the balance of the recipient employee's own accrued and available leave time. If the request is rejected, the recipient employee may request, in writing, a review by the City Manager of this rejection. The written request must be made within three (3) working days of the rejection and shall clearly state the basis for the recipient employee's dissatisfaction with the Human Resources Director's decision. The decision of the City Manager shall be final and no fu1 iher appellate procedure shall be available. If the request is approved, the recipient employee's Depa1 invent Payroll Section representative shall solicit donated leave time from other employees. B. Donating Leave Time The Voluntary Donation of Time Form shall be completed by an employee wishing to donate leave time to another employee. The Department Head shall execute the forms and forward them to the Finance Department (Payroll Administrator). The Payroll Administrator will make the necessary adjustments and maintain the appropriate records to document the donated time, the donor sequence in order to properly credit back unused balances, and other payroll accrual update considerations. Payroll will then execute the original and make two (2) copies of the form. The original form shall be maintained by the Payroll Division, a fully executed copy will be sent to the donor employee's department, and the recipient employee's department. C. Payroll Procedures 1. Recipient Employee: When marking the time sheet of the recipient employee using donated leave time, the time sheet should reflect the normal codes for the types of hours donated (i.e. vacation time, sick time, or personal holiday time). 2. Donating Employee: Donation of Leave Time PER 2 Rev. 11 Page 4 of 4 Payroll Administrator will code donated time so the time will not appear as "hours used" for payroll inquires that are done for evaluation purposes or sick leave incentive purposes. Donating employees are not to be penalized for hours donated to another employee. l