H. B. 2556
(By Delegates Kuhn, Caputo, McGraw,
Sparks, Hubbard and Yeager)
[Introduced January 14, 1998; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section twenty-seven, article six,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the division of personnel adding school service personnel
to the leave donation program whereby employees may donate
unused leave days to other employees.
Be it enacted by the Legislature of West Virginia:
That section twenty-seven, article six, chapter twenty-nine
of the code of West Virginia, one thousand nine hundred thirty- one, as amended, be amended and reenacted to read as follows:
ARTICLE 6. CIVIL SERVICE SYSTEM.
§29-6-27. Leave donation program.
The division of personnel after consultation with other
state agencies shall establish a program under which annual leave accrued or accumulated by an employee of an agency may, if
voluntarily agreed to by the employee, be transferred to the
annual leave account of another designated employee if the other
employee requires additional leave because of a medical
emergency. The annual leave program shall be established by
legislative rule pursuant to the provisions of chapter
twenty-nine-a of this code. The division of personnel shall file
such legislative rule no later than the fifteenth day of July,
one thousand nine hundred ninety-five. The division shall
prepare an annual status report to be presented to the joint
committee on government and finance no later than the fifth day
of January each year. A "medical emergency" means a medical
condition of an employee or a family member of the employee that
is likely to require the prolonged absence of the employee from
duty and which will result in a substantial loss of income to the
employee because of the unavailability of paid leave. As used in
this section, "employee" includes employees in the classified and
classified-exempt service, service personnel as defined in
section one, article one, chapter eighteen of this code and
employees exempt from coverage who are under this article
entitled to annual leave as a benefit of employment: Provided,
That none of the leave so transferred may be used to qualify for or add to service for any retirement system administered by the
state of West Virginia.
NOTE: The purpose of this bill is to allow school service
personnel to donate unused leave days to other state or school
employees who have exhausted their leave days due to an emergency
situation.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.