Current through Rules and Regulations filed through March 20, 2024
(1)
Introduction:
Agencies may establish a leave donation program to enable
eligible employees to voluntarily donate accrued leave to other eligible
employees of the same agency who have exhausted all paid leave. This Rule
provides parameters for an agency's policy on leave donation.
(2)
Applicability:
This Rule applies to executive branch employers, local
departments of public health, and community service boards. It does not apply
to other public corporations, authorities, or the Board of Regents of the
University System of Georgia.
(3)
Definitions:
For the purposes of this Rule, the following terms and
definition apply in addition to those in Rule
478-1-.02, Terms and
Definitions:
(a) "Donor" means an
eligible employee who has elected to donate leave to another eligible
employee.
(b) "Eligible" means
meeting the requirements set forth in this Rule for leave donation or
receipt.
(c) "Extended absence"
means a period of absence which is more than ten (10) consecutive
workdays.
(d) "Immediate family"
means the employee's spouse, child, parent, grandparent, grandchild, brother,
and sister, including active step and in-law relationships. Immediate family
also includes any other person who resides in the employee's household and is
recognized by law as a dependent of the employee.
(e) "Medical hardship" means a medical
condition of an employee or the employee's immediate family member that will
require the employee's extended absence and will result in a substantial loss
of income to the employee.
(f)
"Recipient" means an eligible employee who has been authorized by the agency to
solicit donations of leave from other employees of the same
agency.
(4)
General
Provisions:
An agency's leave donation policy should outline eligibility
criteria for donors and recipients, specify limitations on use of donated
leave, designate staff to administer leave donations, specify how donations
will be credited to the recipient, and be published to employees. The policy
may also prescribe a minimum donation amount. The policy must be applied
consistently and in a non-discriminatory manner to all employees of the
agency.
(5)
Donation of
Leave:
(a) To be eligible to donate
leave to a specified recipient for use in connection with a medical hardship,
an employee must
1. have been continuously
employed for at least twelve (12) months by a state agency in position(s)
entitled to earn leave;
2. be a
current employee of the same agency as the recipient;
3. if donating annual leave, have a balance
of at least sixty (60) hours of annual leave after donation; and
4. if donating sick leave, have a balance of
at least sixty (60) hours of sick leave after donation.
(b) The donated leave authorization will
designate the recipient and specify that the donor surrenders any claim to
donated leave credited to the named recipient.
(c) The donated leave authorization will
specify the type and amount of leave being donated. The agency may determine a
minimum donation amount, but all donations shall be in increments of whole
hours.
(d) In a calendar year, a
donor may donate any amount of annual or personal leave so long as the donor
retains at least sixty (60) hours of annual leave, but a donor may not donate
more than one hundred twenty (120) hours of sick leave. A donation may not be
made from a forfeited leave balance.
(6)
Receipt of Donated Leave:
(a) To be eligible to receive donated leave
for use in connection with a medical hardship, a recipient must
1. be employed in a position entitled to earn
and use leave and not in contingent leave without pay status;
2. have been continuously employed, as of the
date a request to solicit donated leave is filed with the appointing authority,
for at least twelve (12) months by a state agency in a position(s) entitled to
earn leave;
3. have exhausted all
accrued and forfeited leave and all available compensatory time;
4. have been on authorized leave without pay
for forty (40) consecutive hours; and
5. have met any additional criteria
established by the appointing authority.
(b) If a recipient accrues leave after
beginning a period of leave without pay, such leave may be deferred until the
40-hour requirement referenced in subsection (6) (a) 4 has been met.
(c) No more than forty (40) days prior to
exhausting paid leave, a recipient may submit a written request for
solicitation of donated leave. The request must be in the form and manner
specified by the appointing authority and include such documentation as the
agency may deem appropriate.
(d) The
agency will determine the form, scope, and frequency of solicitation
announcements, which will be posted or circulated for a minimum of ten (10)
workdays, or until the applicable maximum is reached. The solicitation must not
contain medical or other personal information about a recipient, other than the
recipient's name, without the recipient's written consent.
(e) Donations, not to exceed five hundred and
twenty (520) hours per solicitation, will be credited to a recipient in a
manner determined by the agency.
(f)
Multiple solicitations and donations are permitted for the same recipient, but
no recipient will be credited with more than one thousand forty (1040) hours of
donated leave in any period of two consecutive calendar
years.
(7)
Use of
Donated Leave:
(a) A recipient may use
donated leave only as sick leave and only for purposes related to the medical
hardship.
(b) Once a recipient has
returned to duty, up to forty (40) hours of previously donated leave may be
retained for the recipient's use as sick leave.
(c) Donations received after the maximum for
the solicitation or time period has been reached will not be accepted and will
be returned to the appropriate donor.
(d) Donations will be used in the order in
which they were received. Donations accepted but not used by a recipient or
retained in accordance with Section (7) (c) of this Rule will be returned to
the appropriate donor(s).
(8)
Prohibitions and Penalties:
(a) Leave donation is strictly voluntary. No
employee may threaten, coerce or attempt to threaten or coerce another employee
for the purpose of interfering with rights involving donation, receipt, or use
of leave. Prohibited acts include but are not limited to
1. promising to confer or conferring a
benefit such as appointment, promotion or salary increase; or
2. making a threat to engage in, or engaging
in, an act of retaliation against an employee because of participation in a
leave donation program.
(b) Donors are prohibited from accepting
compensation or gifts from recipients in exchange for leave
donations.
(c) Any employee
violating this Rule may be subject to disciplinary action, up to and including
termination of employment.
O.C.G.A.
§§
45-20-3, 45-20-3.1, 45-20-4, 45-20-16.
