350-12
LEAVE DONATION

POLICY & PROCEDURE

Subject:

LEAVE DONATION

Index: HUMAN RESOURCES & RISK MANAGEMENT

Number: 350-12

Effective Date

5/1/2006

Supersedes

N/A

Page

1 of 9

Staff Contact

Michael R. Webby

Approved By

Kathy Keolker

1.0 PURPOSE:

To provide an avenue for employees to donate leave to assist employees faced with a serious medical illness or injury to themselves or an immediate family member. The Leave Donation Program allows employees to voluntarily transfer accrued vacation, compensatory time and personal holiday hours to another eligible employee who has exhausted all other paid leave due to an Family Medical Leave (FML)-eligible serious health condition, and is not eligible for disability insurance payments, or receiving workers’ compensation benefits.

2.0 ORGANIZATIONS AFFECTED:

All departments and divisions

3.0 REFERENCES:

City of Renton Policy & Procedure 350-03 - Family Medical Leave Act/Washington

Family Care Act

Collective Bargaining Agreements

4.0 POLICY:

4.1    Eligibility: Only probationary or regular status employees are eligible and may donate and receive leave. The Donated Leave Program is available to all eligible employees as defined above across all departments. Further eligibility requirements are as follows:

4.1.1    Donating Employee - To qualify as a donating employee, an employee must be a probationary or regular-status employee working half-time or greater and have sufficient vacation, compensatory time or personal holiday accrued to cover donated time.

4.1.2    Requesting Employee - Probationary or regular employees who meet the qualifying event criteria under the Family and Medical Leave Act (FMLA) may apply for leave donation and if approved may receive donated leave. The employee must also demonstrate a need of at least 40 hours of donated leave.

4.1.3    The period in which an employee may receive donated leave is the period of Family and Medical qualified leave which would otherwise be unpaid because leave balances have been reduced to zero. Employees may not receive workers’ compensation benefits or long-term disability prior to, or while receiving donated leave.

4.1.4    Due to the emotional atmosphere and high sensitivity surrounding these employee health conditions and issues, it is extremely important to respect each employee's decision to donate or not donate. It is not acceptable or appropriate to pressure, intimidate, or otherwise attempt to convince any employee to take action in a donation issue that is not of the employee's own volition.

5.0 DEFINITIONS:

5.1    Qualifying Event: To receive donated leave, probationary or regular employees who meet the qualifying event criteria under FMLA may apply for leave donation and if approved may receive donated leave. Employees may request leave for a serious health condition affecting themselves, their spouse, parent, child, stepchild or someone with whom the employee has an "In Loco Parentis" relationship. Donated leave may not be used for parental leave following the birth or placement of a child for adoption or foster care.

5.2    Service Accruals and Other Benefits: Donating employees may donate accrued vacation, compensatory time or personal holiday leave. Donated vacation, compensatory time or personal holiday leave will be converted on a straight hour-for-hour basis to the recipient employee's sick leave account. Donated hours can only be credited for subsequent use. Any hours donated after the payroll cut-off shall not be retroactively applied.

5.2.1    The donated leave, when converted, will be treated and utilized as sick leave for all purposes. If the donated leave is unused when the employee returns to work, the recipient employee will retain any balance remaining (as regular sick leave).

5.2.2    Employees, while using donated leave on an approved FML, will continue to be eligible for City-paid health benefits.

6.0 PROCEDURES:

6.1    Requesting Employee: Any eligible employee may request a donation of hours by completing the Request to Receive Donated Leave form (see Appendix A). If such employee is not capable of making application on their own behalf, a personal representative may make written application for the employee. Consent shall be obtained from the employee before application is made on behalf of that employee or, in situations where this is not possible, the recipient's guardian. This form is obtained by contacting the Human Resources and Risk Management Department (HR & RM).

6.1.1    Requests for leave donation must be submitted to HR & RM in conjunction with the FMLA application when possible. In order for the timely transfer of leave, forms must be submitted in the most immediate manner possible. Donated leave may only apply to time that would otherwise be unpaid during an approved FML. The request for donated leave will be reviewed in a confidential and objective manner. All determinations made by HR & RM regarding qualification for donated leave are final.

6.1.2    Each request shall provide the following information concerning the potential leave recipient:

6.1.2.1    Name, Employee Number, Department, Work Location, Work Phone, Supervisor's name, and Employment Status;

6.1.2.2    Certification from the attending physician or other applicable health care provider with respect to the qualifying condition submitted with the FML application; and

6.1.2.3    Any additional information that may be required to verify the information in the leave recipient's request.

6.1.3    The recipient must have exhausted all accumulated leave including compensatory time, personal holiday, vacation, and sick leave prior to using any donated leave hours. If it can be shown by the requesting employee that during the anticipated period of disability all accrued leave will be exhausted, the request may be made prior to the actual disabling event. The recipient must not be eligible to receive workers' compensation benefits or be receiving long term disability payments. The recipient employee may receive up to a maximum of 480 hours, or 12-week full-time equivalent, donated leave. The maximum eligible hours of donated leave will be reduced by the hours, which are paid by the employee's leave balances.

6.1.4    The recipient may exercise their option under the program in any 12-month period. The City will determine eligibility under this provision by the use of the "rolling 12-month" basis, in which the 12-month period is measured backward from the date the FML request is effective.

6.2    Donating Employee: Applicable paid leave may be donated within 14 calendar days from the date of the "Posted" notice of request for donations. Subsequent postings may be utilized for any additional needs. Hours are donated by completing the Request to Donate Leave form as shown in Appendix B, and must be submitted to HR & RM as indicated on the posted notice.

6.2.1    Leave may be donated in increments of one hour.

6.3    Human Resources & Risk Management Responsibility:

6.3.1    Requests/Donations:

6.3.1.1    Notification of determination of approval or denial will be made within seven calendar days of receipt of a request. The determination will be completed by HR & RM staff.

6.3.1.2    If the request is approved, the employee will be notified of the decision, the maximum amount of donated leave time the employee may receive, and the effective date. See Appendix D for an example.

6.3.1.3    If the request is denied, the employee is notified of the decision by letter. See Appendix E for an example of this letter.

6.3.1.4    The request is filed in the employee's FML file with the final decision and all supporting documentation.

6.3.1.5    HR & RM will generate and post the Request for Donation of Leave notice. HR & RM will also accept leave donations and process those donations in accordance with this policy. See Appendix A, B, and C for examples.

6.4    Department Responsibility:

6.4.1    Each department will be responsible for making sure that all requests are posted and/or distributed for all employees to see. Additionally, each department will have Request to Donate Leave forms available for those employees who wish to donate to the recipient. All such forms offering to donate leave shall immediately be submitted to HR & RM.

6.5    Payroll Responsibility:

6.5.1    Payroll reduces the donor's vacation, compensatory time, and/or personal holiday balances according to the approved request forms submitted by the department. Payroll will notify the donor of the transfer of leave. Payroll shall retain the Donation Request from each employee for an audit trail.

6.5.2    Upon notification of the donation of hours, Payroll will credit the receiving employee's record with the authorized hours. The hours shall be credited as sick leave. A copy of the approved leave report shall be retained in the Payroll Division.

APPENDIX A

REQUEST TO RECEIVE DONATED LEAVE

THIS FORM MUST BE ATTACHED TO THE FAMILY AND MEDICAL LEAVE APPLICATION FORM

Please Type or Print

TO BE COMPLETED BY APPLICANT OR PERSONAL REPRESENTATIVE OF APPLICANT

Name (Last, First, MI)

Employee Number:

Department Name:

Work Location:

Work Phone:

Employee Status:

Full-Time Part-Time

Number of Hours Per Week:____________

Leave Balances at End of Last Pay Period:

Sick __________ Comp Time __________

Number of Hours of Leave without Pay

Anticipated For This Medical Event:

Vacation __________ Personal Days __________

____________________

Optional: Brief summary of any information to be released in general City announcement:

SIGNATURE OF RECEIVING EMPLOYEE

______________________________________

Signature

__________________

Date

SIGNATURE OF PERSONAL REPRESENTATIVE OF RECEIVING EMPLOYEE

_____________________________________________________________________________________________

Name - Please Print Relationship to Employee

___________________________________________ ____________________

Signature     Date

SIGNATURE OF RECEIVING EMPLOYEE'S SUPERVISOR

____________________________________________ ________________________________________________

Name - Please Print Phone Number

____________________________________________ ______________________

Signature Date

PAYROLL INFORMATON:SECTION

This Request is:    Approved*        Denied

*Maximum Amount of Donated Leave Eligible for Transfer:                __________________

Maximum Hours

HR Approval:     ________________

Date (Approved/Denied)

Original – Employee, FML File

cc: Payroll (If approved)

APPENDIX B

REQUEST TO DONATE VACATION/PERSONAL HOLIDAY/COMP TIME

I request that vacation/leave/personal holiday/compensatory time be transferred to

___________________________________________
(Receiving Employee's Name & Employee Number)

I have sufficient leave in my account to cover this amount. I understand that my decision to transfer paid leave is irrevocable and that such leave may only be donated in increments of one hour.

Please Type or Print

TO BE COMPLETED BY LEAVE DONOR

Name (Last, First, MI):                        Employee Number:

Department Name:                            Work Phone:

Leave Balance(s) as of                         Amount of Total Hours

End of Last Pay Period:                        to be Transferred (______Hours):

Vacation _________________     Hrs.            Vacation _________________Hrs.

Personal Holiday __________________Hrs.        Personal Holiday __________Hrs.

Comp Time _________     _________Hrs.        Comp Time __________ ____Hrs.

SIGNATURE OF LEAVE DONOR

______________________________________         ______________

Signature     Date

PAYROLL/HUMAN RESOURCES SECTION

Leave Balance Verified and Requirements Met:    Yes ________ No ___________

Signature HR__________________________________        Date__________________

Amount of Leave to be Transferred: _____________

Signature P/R: ___________________________ Date:________________

Original: Employee FML File

cc: Payroll, Donating Employee Personnel File

APPENDIX C

REQUEST FOR DONATION OF LEAVE HOURS

TO:     ALL DEPARTMENTS

FROM:     HUMAN RESOURCES DEPARTMENT

DATE:     (CURRENT DATE)

Our fellow employee (NAME) is in need of your help. (NAME) has been approved for an extended leave under the City's Family and Medical Leave policy due to an illness of (self, spouse, child, or other family member). This situation has created a hardship because all paid leave (sick, vacation, personal holiday and compensatory time) has been exhausted. As a result, donated leave has been requested.

If you would like to donate 1 or more leave hours, please contact Human Resources for a Request to Donate Leave form. Human Resources Department and Payroll will work together to coordinate the transfer of leave hours.

All requests must be submitted within 14 calendar days from the date of this memo.

Thank you for your consideration.

cc: Employee FML File

APPENDIX D

TO:    (EMPLOYEE)

(DEPARTMENT

FROM:    Human Resources Department

DATE:    (CURRENT DATE)

SUBJECT:    REQUEST TO RECEIVE DONATED LEAVE

We are pleased to inform you that your Request to Receive Donated Leave has been approved. We will post a request in all departments.

The maximum amount of donated

leave you may receive is:             _________________

You may begin using donated leave on: _________________

Human Resources will be responsible for receiving donation requests, verifying the amount of donation leave balances, and submitting requests to donate leave to Payroll for processing.

cc:    Employee FML File

Payroll

APPENDIX E

TO:    (EMPLOYEE)

(DEPARTMENT)

FROM:    Human Resources Department

DATE:    (CURRENT DATE)

SUBJECT:    REQUEST TO RECEIVE DONATED LEAVE

We regret to inform you that your request to receive donated leave has not been approved since it does not meet the eligibility requirements with respect to:

Your illness or injury does not qualify under the Family Medical Leave Act.

Your illness or injury is job-related and therefore you are eligible to receive Workers’ Compensation.

The length of anticipated absence from the job is less than 40 hour. which is less than the minimum amount of leave required by the Leave Donation Policy.

Insufficient information from your doctor to make a determination a: to whether the illness/injury is seriously incapacitating.

Other

_______________________________________________________________________________________________________

_______________________________________________________________________________________________________

cc: Employee FML File