Senate Bill No. 351
(By Senators Unger and Beach)
[Introduced February 22, 2013; referred to the Committee on
Government Organization .]
A BILL to amend and reenact §29-6-27 of the Code of West Virginia,
1931, as amended, relating to donation of sick leave for
certain eligible employees.
Be it enacted by the Legislature of West Virginia:
That §29-6-27 of the Code of West Virginia, 1931, 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 and
sick 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. An employee may be eligible to donate accrued sick leave if the
donated sick leave will not reduce the employee's sick leave
balance below twenty days. The annual and sick leave donation
program shall be established by legislative rule pursuant to the
provisions of article three, chapter twenty-nine-a of this code.
The Division of Personnel shall file such legislative rule no later
than July 15, 1995. The division shall prepare an annual status
report to be presented to the Joint Committee on Government and
Finance no later than January 5, 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 and employees exempt from
coverage who are under this article entitled to annual and sick
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 certain eligible
employees to donate accumulated sick leave to other employees who
are eligible to participate in the leave donation program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would