(a) To be eligible
to receive shared leave credits, an employee must meet the following
conditions:
(1) Has at least six consecutive
months of creditable service as defined under section 14-11-5(c) (1) and (4)
prior to the submittal of the shared leave request in a position with at least
fifty percent full-time equivalency;
(2) Where the leave share request is for a
personal illness or injury, such illness or injury shall not be covered under
chapter 3 86, HRS, or if covered, the employee shall have exhausted all
eligible benefits. In addition, the employee shall have exhausted or is about
to exhaust all paid leave and wage loss replacement benefits, which include,
but are not limited to:
(A) Vacation
leave;
(B) Sick leave;
(C) Compensatory time credits; and
(D) Temporary disability insurance benefits
under chapter 3 92, HRS;
(3) Where the leave share request is to care
for a family member suffering from a serious personal illness or injury, the
employee shall have exhausted or is about to exhaust all other paid leave
benefits, which include, but are not limited to:
(A) Vacation leave;
(B) Compensatory time credits; and
(C) Sick leave for family leave purposes only
pursuant to chapter 3 98, HRS;
(4) Is suffering from a serious personal
illness or injury or caring for a family member suffering from a serious
personal illness or injury which caused the recipient to be absent from work
for at least thirty consecutive calendar days within the past twelve
months;
(5) Has no disciplinary
record of sick leave abuse within the past two years; and
(6) Has no unresolved outstanding salary
overpayment obligations owed to the State.
(b) An employee who is otherwise qualified
need not have donated leave to be eligible to receive shared leave.
(c) A request for shared leave credits shall
be submitted within thirty calendar days prior to or after the beginning date
of the leave without pay period to which it is intended to apply.
(d) If an eligible recipient is incapable of
applying for shared leave credits, an authorized representative shall be
permitted to apply on the recipient's behalf.
(e) While using shared leave credits, the
recipient shall continue to earn sick and vacation leave credits consistent
with applicable leave provisions.
