SB66 H ED AM 4-6
The Committee on Education moves to amend the bill on page
one, section ten-f, following the enacting section, by striking out
the remainder of the bill and inserting in lieu thereof the
following:
"ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.
§18A-4-10f. Leave donation program.
(a) Definitions.
--
For the purposes of this section and section ten of this
article, the following words have the meanings specified unless the
context clearly indicates a different meaning:
(1) "Catastrophic medical emergency" means:
(A) A medical or physical condition that:
(A) (i) Incapacitates an employee or an immediate family
member for whom the employee will provide care;
(B) (ii) Is likely to require the prolonged absence of the
employee from duty; and
(C) (iii) Will result in a substantial loss of income to the
employee because the employee:
(i) (I) Has exhausted all accrued personal leave; and
(ii) (II) Is not eligible to receive personal leave or has
exhausted personal leave available from a leave bank established
pursuant to this article; or
(B) A death in the immediate family that will:
(i) Require the employee to be absent for any reason related
to the death including, but not limited to, bereavement, making
funeral arrangements and settling financial issues; and
(ii) Result in a substantial loss of income to the employee
because he or she has exhausted all accrued personal leave and:
(I) Is not eligible to receive personal leave; or
(II) Has exhausted personal leave available from a leave bank
established pursuant to this article;
(2) "Employee" means a professional educator or school service
person who is employed by a county board and entitled to accrue
personal leave as a benefit of employment;
(3) "Donor employee" means a professional educator or school
service person employed by a county board who voluntarily
contributes personal leave to another designated employee; and
(4) "Receiving employee" means a professional educator or
school service person employed by a county board who receives
donated personal leave from another employee.
(b) Leave donation program.
--
(1) In addition to any personal leave bank established
pursuant to this article, 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.
(2) A county board:
(A) May not limit the number of personal leave days a donor employee may transfer to a receiving employee who is his or her
spouse;
(B) May not limit the total number of personal leave days a
receiving employee receives; and
(C) May limit the number of days a donor employee transfers to
a receiving employee who is not his or her spouse.
(c) Rule.
--
(1) The county board shall adopt a rule to implement the
program.
(2) The rule shall set forth at least the following
conditions:
(A) The donor employee voluntarily agrees to the leave
transfer;
(B) The donor employee selects the employee designated to
receive the personal leave transferred; and
(C) The receiving employee requires additional personal leave
because of a catastrophic medical emergency;
(D) The donated leave may not be used to:
(i) Qualify for or add to service for any retirement system
administered by the state; or
(ii) Extend insurance coverage pursuant to section thirteen,
article sixteen, chapter five of this code;
(E) Each personal leave day contributed:
(i) Shall be deducted from the number of personal leave days
to which the donor employee is entitled by section ten of this article;
(ii) Shall not be Is not deducted from the number of personal
leave days without cause to which the donor employee is entitled if
sufficient general personal leave days are otherwise available to
the donor employee;
(iii) Shall be credited to the receiving employee as one full
personal leave day;
(iv) May not be credited for more or less than a full day by
calculating the value of the leave according to the hourly wage of
each employee; and
(v) May be used only for an absence due to the purpose for
which the leave was transferred, except that personal leave
transferred for the purpose of allowing a receiving employee to
provide care for an immediate family member may be used for reasons
related to the death of that family member if the death resulted
from the medical or physical condition for which the leave was
originally transferred. The use shall be in accordance with the
county board policy regarding use of personal leave for bereavement
purposes and as provided in subsection (a) of this section. Any
transferred days remaining when the catastrophic medical emergency
ends revert back to the donor employee; and
(F) An employee may not be coerced or compelled to contribute
to a leave donation program.
(d) If personal leave days are transferred from multiple
donors to a receiving employee, any unused days shall revert to each donor in an amount that is proportional to the number of days
donated by the donor as compared with the total number of days
donated by all donors.
(1) Donated leave days may not revert as fractional days, but
revert as whole days only.
(2) If the proportional method described in this subsection
would result in fractions of days reverting to the donors, the
highest number of the unused days that may be distributed as whole
days shall be distributed under the proportional method. Any
remaining days that would otherwise cause fractions of days to
revert to all donors revert as whole days to the maximum number of
the most senior school employees based on seniority as determined
under sections seven-a and seven-b of this article.
"