Leave Donation Program
West Virginia Code §18A-4-10f provides that “In addition to any personal leave bank established, a county board shall establish a leave donation program pursuant to which a donor employee may transfer accrued personal leave to the personal leave account of another designated employee.” It is the intent of the Pocahontas Board of Education to satisfy the leave donation program requirements §18A-4-10f and to prescribe how the leave donation program will operate for Pocahontas County Board of Education employees.
Accordingly, the Pocahontas County Board of Education does hereby enact and create the following as its policy as of the date of passage and that is:
For purposes of this policy only, terms shall be defined as follows:
1. “Catastrophic medical emergency” means a medical or physical condition that:
(a) Incapacitates an employee or spouse, parent, child, sibling, grandparent, or relative living with the same household for whom the employee will provide care;
(b) Is likely to require the prolonged absence of the employee from duty; and
(c) Will result in a substantial loss of income to the employee because the employee:
i. Has exhausted all accrued personal leave; and
ii. Is not eligible to receive personal leave or has exhausted personal leave available from a leave bank established pursuant to article ten, chapter eighteen of the West Virginia Code.
2. “Employee” means a professional educator or school service person that is employed by the Pocahontas County Board of Education and entitled to accrue personal leave as a benefit of employment.
3. “Donor employee” means a professional educator or school service person employed by the Pocahontas County Board of Education who voluntarily contributes personal leave to another designated employee.
4. “Receiving employee” means a professional educator or school service person employed by the Pocahontas County Board of Education who receives donated personal leave from another employee.
1. Any regular school personnel employee, both professional and service, may contribute to the Leave Donation Program.
2. The Pocahontas County Board of Education may not limit the number of personal leave days a donor employee may transfer.
3. The Pocahontas County Board of Education may not limit the total number of personal leave days a receiving employee receives.
1. No employee shall be coerced or compelled to contribute to or participate in the Leave Donation Program.
2. Written requests must be submitted to a member of the Leave Donation Committee. Further medical verification may be requested. The person seeking days must release and provide copies of all pertinent medical information to the Leave Donation Committee.
3. Each donor employee shall voluntarily agree to leave transfer, in writing, and submit the proper form to the payroll department in a timely fashion. The proper form shall allow the donor employee to select the employee designated to receive the personal leave transferred and shall state the receiving employee requires additional personal leave because of a catastrophic medical emergency.
4. A committee comprised of the superintendent/or designee, the leave donation committee members, and the school nurse will make a final determination in a timely manner.
5. All donor forms will be numbered by the finance office according to the order in which they are received. The finance office will begin numbering with 1, 2 . . . based on the date and time the form was signed and witnessed by a school employee. Forms for any unused days will be returned to the donor employee by the finance office.
6. The donated leave may not be used to:
(a) Qualify for or add to service for any retirement system administered by the state; or
(b) Extend insurance coverage pursuant to section thirteen, article sixteen, chapter five of the West Virginia Code (WV Code §5-1-13);
7. Each personal leave day contributed:
(a) Shall be deducted from the number of personal leave days to which the donor employee is entitled by section ten, article four of the West Virginia Code;
(b) Shall not be deducted from the number of personal days without cause to which the donor employee is entitled if sufficient general personal leave days are otherwise available to the donor employee.
(c) Shall be credited to the receiving employee as a full day for a full-time employee or a half day for a half-time employee. The donor employee will contribute one full day for a full-time employee or one-half day for a half-time employee.
8. When a donor employee donates a day of unused personal leave to the Leave Donation Program, one day of unused personal leave shall immediately be added to the Leave Donation Program under a record-keeping procedure to be established by the payroll department and approved by the Superintendent. At the same time, a day of unused personal leave shall immediately be deducted from the unused personal leave of that donor employee, without compensation to the employee. A contribution by an employee of a day of unused personal leave to the Donation Program shall not reduce the number of his/her remaining personal leave days which may be taken “without regard to cause” under WV Code §18A-4-10 or any Pocahontas County Board of Education Policy.
Adopted: May, 2008
Revised: December 10, 2012
Reference: W. Va. Code § 18A-4-10f