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:

§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.