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| Leave Transfer Program / Leave Pool FAQs | ||||
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References Establishing a Leave Transfer Program Q: What are agencies required to do to establish a Leave Transfer Program for employees? A: Agencies are required to establish two separate leave transfer pools, one for sick leave and one for annual leave. In addition, agencies are required to establish a recordkeeping process to track donations, requests, and restoration of leave to the appropriate pool. Q: Are agencies required to report any activities of the Leave Transfer Program? A: Agencies having any donation or approved requests for leave transfer in a calendar year are required to submit information to the Office of Human Resources in accordance with Section 19-711.02 of the State Human Resources Regulations and § 8-11-770 of the SC Code of Laws. Eligibility Q: Who is eligible to participate in the Leave Transfer Program? A: Employees who occupy FTE positions (including probationary employees) are eligible to receive and/or donate leave to the Leave Transfer Program. Temporary, time-limited project, and temporary grant employees are not eligible to participate in the Leave Transfer Program. Q: Are there any situations where employees who occupy FTE positions are ineligible to participate in the Leave Transfer Program? A: Employees receiving Workers' Compensation benefits or who qualify for another program such as Long Term Disability or Disability Retirement are not eligible to participate in the Leave Transfer Program. Employees who become eligible for other paid benefits for periods of absence from work will generally be considered ineligible for transfers. Examples of other paid benefits include but are not limited to workers compensation, long term disability, and disability retirement benefits. Leave Donation Q: When and how may an employee donate leave to either the sick or annual leave transfer pool? A: An employee donating sick or annual leave must do so prior to the end of the calendar year. The donation is documented by completing the agency's donation request form and submitting it to the appropriate individual within the agency. Q: Are there any limits to the amount of leave an employee may donate? A: An employee may donate no more than one-half of the sick or annual leave he earns within a calendar year to the appropriate leave pool. However, an employee who donates sick leave must retain a minimum of 15 days sick leave. Q: Can leave transferred to a leave pool be returned to the donor? A: Once leave is transferred to a leave pool, the leave cannot be returned to the donor. Q: Can an employee who donates leave to the leave transfer pool designate who the recipient of the leave will be? A: Leave cannot be designated to an individual but rather is donated to the appropriate leave pool. Leave Requests Q: How does an employee request leave from the leave transfer pool? A: The request is documented by completing the agency's recipient request form and submitting it to the appropriate individual within the agency. Q: Under what circumstances may an employee request leave from the sick or annual leave pool? A: An employee with a personal emergency may request leave from the sick or annual leave pool established by his agency. Q: What constitutes a personal emergency? A: A personal emergency means a catastrophic and debilitating medical situation, severely complicated disabilities, severe accident cases, family medical emergencies or other hardship situations that are likely to require an employee's absence from duty for a prolonged period of time and to result in a substantial loss of income to the employee because of the unavailability of paid leave. Q: What constitutes a prolonged period of time? A: Generally, a prolonged period of time is a minimum of 30 working days. To meet this requirement, an employee must have been in leave without pay status for at least 30 working days or provide documentation which indicates a medical emergency will result in an employee being in leave without pay for 30 working days. Q: May an employee request additional leave from the leave pool if the personal emergency extends beyond 30 working days? A: Additional requests may be made unless the employee becomes eligible for other benefits. Q: Are employees required to exhaust sick or annual leave before using leave from the leave transfer pool? A: Employees must have used all earned sick and/or annual leave (as appropriate) before using approved transferred leave. Q: Can a request for leave be approved for maternity reasons? A: Leave requests for maternity reasons may be approved if the reasons constitute a personal emergency. For example, expectant mothers who must be on bed rest per a physician for a period of at least 30 workdays before delivery could qualify for the leave transfer pool. However, eligibility would end upon the birth of the child unless a catastrophic, debilitating, or life threatening situation arises for the employee or the child as a result of the birth. Q: Is a request for leave from the leave transfer pool for routine or scheduled surgery appropriate? A: Generally, routine or scheduled surgery is not a basis for approval of sick leave transfer. However, exceptions may be made based upon hardship or other extenuating circumstances. Q: If an employee is approved for leave transfer and is receiving benefits under the Family Medical Leave Act, how are those benefits affected? A: If an employee receives leave from the leave transfer pool that leave will run concurrently with benefits under the Family Medical Leave Act (FMLA). Leave Approvals Q: How is a request for leave from the sick or annual leave pool approved? A: Requests are approved by the agency head in accordance with guidelines established by the Budget and Control Board. Q: Under what circumstances are annual leave requests approved? A: Generally, annual leave approval is based on the need for the employee to care for a member of his immediate family who has a personal emergency which requires the employee's presence. A doctor's statement should accompany the request indicating the need for the employee to care for the family member. Q: Is it necessary for all of the employee's sick or annual leave to be used before the transfer of leave from the leave pool? A: Generally, all of the employee's sick or annual leave must be used before transfer of leave from the pool. Q: When can an employee retain his sick leave and also request annual leave from the leave transfer pool? A: An employee would retain his sick leave balance when approved for annual leave from the leave transfer pool to care for a member of his immediate family. The maximum number of days of family sick leave should be used prior to requesting annual leave from the leave transfer pool. Q: Can transferred leave be applied retroactively? A: Sick or annual leave transferred under this program may be substituted retroactively for periods of leave without pay or used to liquidate indebtedness for advanced sick leave. Leave Request Denials Q: Can an employee appeal the denial of a leave request? A: The decision of the agency head is final and there is no administrative or judicial appeal of the decision made by the agency head. Termination of Personal Emergency Q: What happens if an employee's personal emergency no longer exists after receiving leave from the leave transfer pool? A: When the personal emergency terminates, any transferred sick or annual leave remaining must be restored to the appropriate leave pool account. Agencies should document this action by using a Leave Restoration Form. Separation from Employment Q: What happens if an employee separates from State employment after receiving leave from the leave transfer pool? A: When an employee leaves State employment, any transferred sick or annual leave remaining must be restored to the appropriate leave pool account. Agencies should document this action by using a Leave Restoration Form. Leave Accrual Q: Do employees receiving leave from the leave transfer pool earn sick and annual leave? A: Because these employees are considered to be in leave with pay status, sick and annual leave are earned. Prior to subsequent approvals from the leave transfer pool, any sick and annual leave earned must also be used.
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| THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT. |