Morgan County Schools
Bylaws & Policies
 

4432.02 - PERSONAL LEAVE DONATION PROGRAM

West Virginia Code 18A-4-10f provides that a County Board shall establish a leave donation program which enables an employee to transfer accrued personal leave from his/her personal leave account to the personal leave account of another employee requiring additional personal leave because of catastrophic medical emergency. Accordingly, the Morgan County Board of Education does hereby enact and create this policy.

 A.Definitions
  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 an immediate family member 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:

    1)has exhausted all accrued personal leave; and

    2)is not eligible to receive personal leave or has exhausted personal leave available from the Morgan County Personal Leave Bank.

  2."Employee" means a professional educator or school service person who is employed by the 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 the Board who voluntarily contributes personal leave to another designated employee; and

  4."Receiving employee" means a professional educator or school service person employed by the Board who receives donated personal leave from another employee.

 B.Leave Donation Program

  1.A donor employee must voluntarily agree in writing on the Morgan County Board of Education Personal Leave Donation Form to execute any transfer of personal leave from his/her account to the personal leave account of another employee. No employee may be coerced or compelled to donate personal leave.

  2.A donor employee must select the employee designated to receive personal leave from his/her account.

  3.A donor employee may transfer an unlimited amount of personal leave from his/her account to the personal leave account of a receiving employee who is his/her spouse.

  4.The total amount of personal leave a receiving employee may have donated to their account shall be limited only by the amount of personal leave transferred by donor employee(s) from their personal leave accounts.

  5.A donor employee may transfer a maximum of five (5) personal leave days per school year from his/her personal leave account to the personal leave account of a receiving employee who is not his/her spouse.

  6.A donor employee may transfer personal leave from his/her account to the personal leave account of another employee only if the receiving employee requires additional personal leave because of a catastrophic medical emergency as defined in this policy.

  7.Donated personal leave may not be used by the receiving employee to:

   a.qualify for or add service for any retirement system administered by the State; or

   b.extend insurance coverage pursuant to W.Va. Code 5-16-13.

  8.Each day of personal leave transferred from the personal leave account of a donor employee to the personal leave account of a receiving employee:

   a.shall be deducted from the number of personal leave days accrued in the personal leave account of the donor employee;

   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 in the donor employee's personal leave account;

   c.shall be credited to the receiving employee as one (1) full personal leave day;

   d.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 the donor or receiving employee; and

   e.may be used only for an absence due to the purpose for which the leave was transferred.

  9.Any transferred days remaining when a catastrophic medical emergency ends shall revert back from the personal leave account of the receiving employee to the personal leave account of the donor employee employing the first in/first out method if there are more than one (1) donor employees.

  10.The MCBOE Finance Office, through procedures established by the Treasurer and approved by the Superintendent, shall maintain records as appropriate relative to leave donation (transfer), including deductions and additions to the personal leave accounts of participating employees.

WV Code 18A-4-10f