ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 158
(Senators Love and Dittmar, original sponsors)
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[Passed February 23, 1995; in effect from passage.]
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A BILL to amend article six, chapter twenty-nine of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-seven, relating to the division of personnel
establishing a leave donation program whereby employees may
donate unused leave days to other employees in cases where
a medical emergency exists; and limitation.
Be it enacted by the Legislature of West Virginia:
That article six, chapter twenty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty-seven, to read as follows:
ARTICLE 6. CIVIL SERVICE COMMISSION.
§29-6-27. Leave donation program.
The division of personnel after consultation with other
state agencies shall establish a program under which annual leave
accrued or accumulated by an employee of an agency may, if
voluntarily agreed to by the employee, be transferred to the annual leave account of another designated employee if the other
employee requires additional leave because of a medical
emergency. The annual leave program shall be established by
legislative rule pursuant to the provisions of chapter
twenty-nine-a of this code. The division of personnel shall file
such legislative rule no later than the fifteenth day of July,one
thousand nine hundred ninety-five. The division shall prepare an
annual status report to be presented to the joint committee on
government and finance no later than the fifth day of January
each year. A "medical emergency" means a medical condition of an
employee or a family member of the employee that is likely to
require the prolonged absence of the employee from duty and which
will result in a substantial loss of income to the employee
because of the unavailability of paid leave. As used in this
section, "employee" includes employees in the classified and
classified-exempt service and employees exempt from coverage who
are under this article entitled to annual leave as a benefit of
employment: Provided, That none of the leave so transferred may
be used to qualify for or add to service for any retirement
system administered by the state of West Virginia.