S.D. Codified Laws § 3-6C-13

Current through the 2024 Legislative Session

Section 3-6C-13 - Donation of accrued vested leave to another employee-Approval by bureau

A permanent employee may donate accrued vested leave to another permanent employee who has exhausted all accrued vacation and sick leave and who meets one of the following criteria:

(1) The recipient employee is terminally ill and the employee's condition does not allow a return to work; or

(2) The recipient employee is suffering from an acutely life threatening illness or injury which has been certified by a licensed physician as having a significant likelihood of terminating fatally and the employee's physical condition does not allow a return to work for a period of at least ninety consecutive days.

The recipient employee may not receive donated leave once the employee is able to return to work or is approved for disability benefits provided for in § 3-12C-803 or any other public disability benefits.

The donation of accrued vested leave may not exceed two thousand eighty hours per recipient employee as defined in subdivision (1) of this section or one thousand forty hours per illness or injury for a recipient employee as defined in subdivision (2) of this section, not to exceed two thousand eighty hours per recipient. The donation shall be approved by the bureau under rules promulgated by the commission pursuant to chapter 1-26, including number of hours to be donated, confidentiality of a donation, definition of terminally ill, definition of life threatening illness or injury, criteria for determining employee eligibility to receive or donate leave, coordination of leave donation with disability and other public benefits and in compliance with the provisions of § 3-6C-12, and procedures for approval of the donation.

SDCL 3-6C-13

SL 2012, ch 23, §24; SL 2019, ch 21, §13.