Section 3357:12-5-30 - Employee leave donation programPursuant to the provisions of division (K) in section 3357.09 of the Revised Code, Zane state college has established an employee leave donation program. The intent of the employee leave donation program is to allow employees to voluntarily provide assistance to their co-workers who are in critical need of leave due to the serious illness of the employee. Critical need will be determined by a committee composed of the president, the employee's supervisor, and a representative from human resources on a case by case basis. The employee leave donation program shall not be used for the care of a new born or adopted children. This policy does not discriminate against women whose disability is based upon pregnancy or childbirth.
(A) An employee may receive donated leave, either vacation or sick leave, up to the number of hours the employee is scheduled to work each pay period, for example full-time employees may receive up to forty hours per week, part-time annual employees who are employed under a twelvemonth contract for less than forty hours but more than twenty hours may receive a prorated amount based upon the number of hours worked per week if the employee who is to receive donated leave: (1) Has a serious illness or injury;(2) Has no accrued leave;(3) Has applied for any paid leave, workers' compensation, or benefits programs for which the employee is eligible. An employee who has applied for programs may use donated leave to satisfy the waiting period for such benefits, when applicable;(4) Has provided documentation from an attending physician. In the event the employee is incapacitated, another employee and/or member of immediate family may initiate action for the employee to receive donated leave;(5) Has approval of critical need from review committee every ninety days. The committee will review the critical need for continued donation approval and estimate the total number of donated hours needed.(B) Employees may donate leave if the donating employee: See appendix A-40 located in the Zane state college handbook appendix. (1) Voluntarily elects to donate leave and does so with the understanding that donated leave will not be returned;(2) Donates a minimum of eight hours;(3) Retains a combined leave balance, vacation and/or sick leave of at least eighty hours. All donated leave will convert to sick leave.(C) The leave donation program shall be administered on a pay period by pay period basis. Employees using donated leave shall be considered in active pay status and shall accrue leave, and be entitled to any benefits to which they would otherwise be entitled. Leave accrued by an employee while using donated leave shall be used, if necessary, in the following pay period before additional donated leave may be received. Donated leave shall not count toward the probationary period of an employee who receives donated leave during his or her probationary period. Donated leave shall be considered sick leave, but shall never be converted into a cash benefit.(D) Employees who wish to donate leave shall certify: (1) The name of the employee for whom the donated leave is intended;(2) The type of leave and number of hours to be donated;(3) They will have a minimum eighty hour balance of sick and vacation leave;(4) The leave is donated voluntarily and will not be returned;(5) The maximum amount donated does not exceed fifteen days within a fiscal year.(E) The privacy of any employee in need of donated leave shall be respected; however, with permission of the employee or a member of the employee's immediate family, college staff may be informed of the need for donated leave to include the name of the individual in need of leave and the nature of the precipitating situation.(F) Appointing authorities shall ensure that no employees are forced to donate leave. Appointing authorities shall respect an employee's right to privacy; however, appointing authorities may, with permission, inform employees of their co-worker's critical need for leave. Appointing authorities shall not directly solicit leave donations from employees. The donation of leave shall occur on a strictly voluntary basis.Ohio Admin. Code 3357:12-5-30
Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357