Chapter 2.38
PERSONNEL – SICK LEAVE TRANSFER PROGRAM
Sections:
2.38.010 Eligibility to receive transferred leave.
2.38.020 Donated leave time – Maximum limit.
2.38.030 Donated leave time – Utilization procedure.
2.38.040 Requests for transfer of leave time – Limitations.
2.38.050 Employment status of persons using transferred leave.
2.38.060 Effect of transferred leave on staffing calculations.
2.38.070 Unused leave returned to donor.
2.38.010 Eligibility to receive transferred leave.
The Clerk-Treasurer shall implement a sick leave transfer program allowing for the transfer of accumulated sick leave and/or vacation leave hours from the account of any employee who desires to participate in such program to the accumulated sick leave hours account of another employee designated by the donor-employee. Such sick leave transfer program shall include at least the elements set forth in this chapter.
An employee may receive sick leave and/or vacation leave from donor-employee if the Clerk-Treasurer finds that:
A. The receiving employee suffers from a catastrophic illness, injury, impairment, or physical or mental condition, and it has caused, or is likely to cause the receiving officer or employee to go on leave without pay or leave City employment;
B. The receiving employee’s absence and the use of contributed leave are justified;
C. Depletion of the receiving employee’s available accumulated sick leave has occurred or is imminent;
D. The receiving employee is not eligible for benefits under the State Industrial Insurance and Medical Aid Acts;
E. The employee has abided by department rules regarding sick leave and/or vacation leave. (Ord. C-219 § 1(1), 1990)
2.38.020 Donated leave time – Maximum limit.
The Clerk-Treasurer shall determine the amount of sick leave and/or vacation leave, if any, which an employee may receive under this section. However, an employee shall not receive a total of more than 120 days of sick leave. (Ord. C-219 § 1(2), 1990)
2.38.030 Donated leave time – Utilization procedure.
A. Donated leave shall be utilized in the order of receipt by the Clerk-Treasurer’s office (first in, first out).
B. Such leave shall be donated in eight-hour increments.
C. The donor-employee shall remain anonymous.
D. Employees donating sick leave hours will not receive payment for these hours at time of resignation or retirement. (Ord. C-219 § 1(3), (9), 1990)
2.38.040 Requests for transfer of leave time – Limitations.
A. An employee who has an accrued sick leave and/or vacation leave balance of more than 10 days may request that the Clerk-Treasurer transfer a specified amount of sick leave to another employee authorized to receive leave under AHMC 2.38.010. In no event may the employee request a transfer of an amount of leave that would result in his or her sick leave and/or vacation leave account going below 10 days.
B. Transfers of leave made by the Clerk-Treasurer under subsection (A) of this section shall not exceed the approved amount. (Ord. C-219 § 1(4), (5), 1990)
2.38.050 Employment status of persons using transferred leave.
While an employee is on leave transferred under this chapter, he or she shall continue to be classified as a City employee and shall receive the same treatment in respect to salary, wages and employee benefits as the employee would normally receive if using accrued sick leave or vacation leave. All such current accrual shall also be depleted prior to any continuing use of donated hours. (Ord. C-219 § 1(6), 1990)
2.38.060 Effect of transferred leave on staffing calculations.
Leave transferred under this chapter shall not be used in any calculation to determine a department’s allocation of full-time equivalent staff positions. (Ord. C-219 § 1(7), 1990)
2.38.070 Unused leave returned to donor.
The amount of any leave transferred under this chapter which remains unused shall be returned at its original amount to the employee or employees who transferred the leave when the Clerk-Treasurer finds that the leave is no longer needed or will not be needed at a future time in connection with the illness or injury for which the leave was transferred. (Ord. C-219 § 1(8), 1990)