§2.26
Catastrophic Leave Sharing

Responsible Manager

New 08/03

  1. Policy
  2. Definitions and Eligibility
    1. Serious Medical Condition
    2. Applicable Situations
    3. Receiving-Employee Conditions
    4. Donating-Employee Conditions
    5. Minimum Donation
    6. Maximum Credit
  3. Procedure

A. Policy

This policy enables employees to donate vacation time on an hour-for-hour basis, regardless of differing pay scales, to another employee who has exhausted sick and vacation leave due to a serious medical condition affecting the employee or an eligible person, as defined below. Participation is entirely voluntary and applies only to the donation of vacation credit. Once given, the vacation-credit donation is irrevocable. Donations are anonymous unless the donor chooses to self-identify. This policy is not subject to the complaint resolution procedure policy. See RPM §2.05(D).

B. Definitions and Eligibility

1. Serious Medical Condition

Serious medical condition is as defined by the Family and Medical Leave Act (http://www.lbl.gov/Workplace/HumanResources/fmla/definitions.html).

2. Applicable Situations

The receiving employee's absence from work must be due to:

  1. the employee's own serious medical condition, as defined by the Family and Medical Leave Act (http://www.lbl.gov/Workplace/HumanResources/fmla/definitions.html);
  2. the serious medical condition of the employee's spouse, parent, child, sibling, grandparent, or grandchild (or in-law or step-relative in one of these relationships); or
  3. the serious medical condition of any other person residing in the employee's household for whom there is a personal obligation.

The serious medical condition must be verified, consistent with the provisions provided at (http://www.lbl.gov/Workplace/HumanResources/fmla/Exhb.html), concerning verification of a serious medical condition for the family care and medical leave policy. In addition, verification of family member or other eligible person will be required consistent with university and Laboratory policy. (See RPM §2.13(D)(2).)

3. Receiving-Employee Conditions

The receiving employee must:

  1. be in a position that accrues vacation leave;
  2. have exhausted all sick and vacation leave, even when doing so results in exceeding the 30-day limit imposed on the use of sick leave for family illness;
  3. have exhausted all workers' compensation benefits and disability benefits (when applicable); however, an employee who has exhausted all sick and vacation leave and has not concluded the waiting period for disability may use catastrophic leave sharing benefits until the waiting period has ended; and
  4. have passed the waiting period to use vacation, if a waiting period is required by the applicable personnel policy or collective bargaining agreement.

4. Donating-Employee Conditions

A donating employee must:

  1. be in a position that accrues vacation leave;
  2. have sufficient vacation leave to cover the donation (leave may not be donated prior to its accrual); and
  3. have passed the waiting period to use vacation, if a waiting period is required by the applicable personnel policy or collective bargaining agreement.

5. Minimum Donation

The minimum donation of vacation leave under this policy is eight hours. Donations above this amount must be made in whole-hour increments.

6. Maximum Credit

A recipient employee will not be credited with vacation credits that exceed the amount needed to ensure continuance of the employee's regular salary during the period of the approved catastrophic leave.

C. Procedure

The procedure for donating vacation credit under the catastrophic leave sharing policy is on the Web. Once transferred and credited, donations are irrevocable.

 

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