H. B. 4341

(By Delegates Shaver, Pethtel, Williams, Pino,

           Frazier, R. Phillips, Givens, Perry, Barill,

                      Mahan and Stowers)

     [Introduced January 30, 2012; referred to the

             Committee on Government Organization then Finance.]

A BILL to amend and reenact §29-6-27 of the Code of West Virginia, 1931, as amended, relating to permitting a civil service employee to receive donated leave from another employee to care for a member of his or his household in a medical emergency.

Be it enacted by the Legislature of West Virginia:

    That §29-6-27 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 6. CIVIL SERVICE SYSTEM.

§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 July 15, 1995. The division shall prepare an annual status report to be presented to the Joint Committee on Government and Finance no later than January 5, each year. A "medical emergency" means a medical condition of an employee, or a family member of the employee or a member of the employee’s household 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.

    NOTE: The purpose of this bill is to permit a civil service employee to donate accumulated leave to another civil service employee in order to care for a member of his or his household during a medical emergency.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.