Senate Bill No. 395
(By Senator Wiedebusch)
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[Introduced March 18, 1993; referred to the Committee
on Government Organization.]
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A BILL to amend chapter six-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two, relating to
a public employees sick leave loan bank.
Be it enacted by the Legislature of West Virginia:
That chapter six-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article two, to read as
follows:
ARTICLE 2. PUBLIC EMPLOYEES SICK LEAVE.
§6C-2-1. Public employees catastrophic leave bank.
In this section, a catastrophic illness or injury is defined
as an illness or injury which is expected to incapacitate the
employee and which creates a financial hardship because the
employee has exhausted all of his or her sick leave and other
paid time off. Catastrophic illness or injury may also include
an incapacitated family member if this results in the employeebeing required to take time off from work for an extended period
of time to care for the family member and the employee has
exhausted all of his or her sick leave and other paid time off.
Sick leave credits may be donated for a catastrophic illness
or injury;
(1) Upon the request of the employee;
(2) Upon determination by the senior department or division
official that the employee is unable to work due to the
employee's or family member's catastrophic illness or injury;
and
(3) The employee has exhausted all paid leave credit.
If the transfer of eligible leave credits is approved by the
senior department or division official any employee may, upon
written notice to the personnel office, donate eligible leave
credits at a minimum of eight hour increments. Donations
thereafter must be in whole hour increments. Donations will be
reflected as an hour for hour deduction from the leave balance of
the donating employee. When transferring eligible leave credits,
the senior department or division official should assure that
only credits that may be needed are transferred.
In order to receive donated leave credits, an employee must
provide appropriate verification of illness or injury as
determined by the senior department or division official. An
employee eligible for this program will have any time which is
donated credited to his or her account in eight hour increments.
Donated credits will be reflected as an hour-for-hour addition tothe leave balance of the receiving employee. Use of donated
credits may not exceed a maximum of twelve continuous months for
any one catastrophic illness. The total amount of leave credits
donated may not exceed an amount sufficient to insure the
continuance of regular compensation and may not be used to extend
insurance coverage pursuant to section twelve, article sixteen,
chapter five of this code. An employee who receives time through
this program shall use any leave credits he or she continues to
accrue on a monthly basis prior to receiving time from the time
bank. No employee may be compelled to contribute to the
catastrophic leave bank.
NOTE: The purpose of this bill is to authorize donations of
sick-leave time by public employees to fellow employees of the
same department or division whose leave time has been exhausted.
This article is new; therefore, strike-throughs and
underscoring have been omitted.