Senate Bill No. 379
(By Senators Wiedebusch, Bailey, Dalton and Minard)
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[Introduced February 18, 1994; referred to the Committee
on Government Organization; and then to the Committee on
Finance.]
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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 catastrophic sick leave loan bank for public employees;
and authorizing public employees to donate sick leave in
eight-hour increments to fellow employees whose sick leave
is exhausted.
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 a
public employee and which creates a financial hardship becausethe 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 employee
being 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 by an employee in the same
department or division for a catastrophic illness or injury
adversely affecting a fellow employee:
(1) Upon the request of the donor employee;
(2) Upon a determination by the senior department or
division official that the donee employee is unable to work due
to the catastrophic illness or injury of that employee or his or
her family member; and
(3) Upon a determination that the donee 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 in that
department or division may, upon written notice to the personnel
office, donate eligible leave credits in eight-hour increments.
Such donations must always be in whole-hour units and will be
reflected as hour-for-hour deductions from the leave balance of
the donor 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, a donee employeemust 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 donated leave
time credited to his or her account in eight-hour increments.
Donated credits will be reflected as hour-for-hour additions to
the 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
catastrophic leave 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 in eight-hour increments 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.