SECTION 6.87 DONATED LEAVE FOR IMMEDIATE FAMILY MEMBERS
Last Update: 11/03
Noncontract covered employees, as well as employees covered by the United Electrical/Iowa United Professionals (UE/IUP), and State Police Officers Council (SPOC) collective bargaining agreements, are eligible to donate or receive donated leave (vacation) hours for an immediate family member’s (IFM) catastrophic illness. Employees covered by the American Federation of State, County, and Municipal Employees (AFSCME) are eligible to donate leave (vacation) hours. They are also eligible to donate compensatory leave, holiday compensatory leave and banked holiday time to any State employee. This policy includes Board of Regents and Community Based Corrections employees who are covered by one of the above-referenced collective bargaining agreements.
Contributions shall be designated as “donated leave” and shall be subject to the rules, policies and procedures of the Iowa Department of Administrative Services – Human Resources Enterprise (DAS-HRE).
A.
“Appointing Authority” means a department director
or the director’s designee.
B.
“Employee” means a full-time or part-time executive
branch employee who is eligible to accrue vacation.
C.
“Immediate Family Member” means the employee’s
spouse, parent, son, or daughter, as defined in the Family and Medical Leave
Act of 1993.
D.
“Catastrophic Illness” means a physical or mental
illness or injury of an immediate family member, as certified by a licensed
physician, that will result in the inability of the employee to report to work
for more than 30 work days due to the need to attend to the immediate family
member as defined in (II-C) on a consecutive or intermittent basis.
E.
“Donated Leave” means vacation leave, compensatory time,
and holiday compensatory time (hours) donated to employees as a monetary
benefit only. Recipients will not
accrue vacation or sick leave benefits based on donated leave hours. Donated leave is not considered to be pay
that the employee earned through the performance of a service. It is payment of a monetary benefit only.
A.
In order to receive donated leave for a
catastrophic illness of an immediate family member, the immediate family member
must have a catastrophic illness as defined in II-D above.
B.
The employee must:
1.
have exhausted all paid leave for which eligible; and
2.
be approved for and using or have exhausted Family
and Medical Leave Act (FMLA) leave hours if eligible; and
3.
be on approved leave without pay for the medical
reasons of an immediate family member during any hours for which he or she will
receive donated leave.
C.
The physician’s statement on the “Donated Leave for
Catastrophic Illness of an Immediate Family Member Application” (CFN
552-0639/Attachment A) form is the basis for determining if the requirements of
the catastrophic illness definition have been met. The appointing authority will determine if the employee meets the
remaining eligibility requirements in “Part II C.”
D.
Appointing authorities may, at their department’s
initiative and expense, seek second opinions or updates from physicians
regarding the status of the employee’s immediate family member’s illness or
injury. If the employee is receiving
FMLA leave, the second opinion must be obtained from a physician who is not
employed by the State.
A.
Hours shall be donated in whole-hour increments,
however, they may be credited to the recipient in other than whole hour
increments. All of the
recipient’s accrued leave for which he or she is eligible must be used before
donations will be credited to the recipient.
Hours will be credited in increments not to exceed the employee’s
regularly scheduled work hours on a pay period-by-pay period basis. Recipients will not accrue vacation or sick
leave on donated leave hours.
B.
Approval for use of donated leave shall be for a
period not to exceed one year either on an intermittent or continuous basis for
each occurrence.
C.
Donated leave shall be irrevocable after it is
credited to the recipient. Donated
leave hours not credited to the recipient will not be deducted from the donor’s
leave balance.
D.
Donations shall be credited on a first-in/first-out
basis according to the date and time on the “Donated Leave for Catastrophic
Illness of an Immediate Family Member Contributions” (CFN 552-0640/Attachment
C) form.
E.
Donated leave for catastrophic illness of an
immediate family member will not restrict the right to terminate probationary
employees. The period of probationary status
and the pay increase eligibility date, if in excess of 30 calendar days, will
be extended by the amount of time the employee received donated leave.
F.
The appointing authority shall post a “Donated
Leave for a Catastrophic Illness Immediate Family Member Request” (CFN 552-0641/Attachment
B) form indicating that the employee is eligible to receive donated leave and
the name of the person to contact for the donation forms. The appointing authority is not responsible
for posting outside of the employing department; however, donated leave
(vacation) hours can be received from executive branch employees outside of the
employing department.
G.
Leave without pay provisions shall apply to the
following benefits: health, dental,
life, and long-term disability insurances; pre-tax; deferred compensation (see
guidelines in the Family and Medical Leave Act policy); holiday pay, sick
leave, and vacation leave accrual, shift differential pay, longevity pay and
cash payments. In addition, employees receiving
donated leave for catastrophic illness of an immediate family member will not be eligible for
leadworker pay, extraordinary duty pay or special duty pay. When FMLA leave and donated leave for a
catastrophic illness are used concurrently, the State is obligated to pay its
share of health and dental insurance premiums.
The State also maintains an employee’s basic life and long-term
disability insurances during periods of FMLA leave.
H.
Employees may choose to continue or terminate their
optional deductions (e.g., miscellaneous insurance, savings bonds, “One Gift”
or credit union) while using donated leave hours. Mandatory deductions are taken from gross pay first, then
optional deductions as funds are available and as authorized by the employee. Union dues deductions will continue as long as
the employee has sufficient earnings to cover the dollar amount certified to
the employer after deductions for social security, federal taxes, state taxes,
retirement, health insurance, and life insurance.
I.
Contributions to the employee’s dependent care
account will not be allowed during a period of leave without pay. Claims will not be paid for dependent care
while an employee is on leave without pay.
NOTE: When questions arise, departments are
encouraged to consult with their DAS-HRE personnel officer. You will be the custodian of your
department’s confidential donated leave records. Please remember that your records must be accessible to State Auditors
upon request.
FORMS
A.
Donated Leave for Catastrophic Illness For An
Immediate Family Member Application CFN 552-0639 (Attachment A)
1.
Upon request, provide the employee with the
application form.
2.
The employee completes “Part A,” the personnel
assistant may be asked to provide information needed to complete “Part A.”
3.
The employee’s physician completes “Part B.”
4.
Upon receipt, the department director or the
department director’s designee verifies criteria in “Part C.”
a.
If the employee and the immediate family member do
not meet one or more of the criteria, the appointing authority will retain the
application and advise the employee in writing of the determination (the
employee and immediate family member may meet the criteria in the future).
b.
If the employee and the immediate family member
meet all of the criteria, the appointing authority will retain the original of
the application.
B.
Request for Donated Leave for Catastrophic Illness
Immediate Family Member Request CFN 552-0641 (Attachment B)
1.
The recipient’s personnel assistant will complete
the request form and post it throughout the employing department for as long as
the recipient qualifies to receive donated leave. The employing department is not required to post the employee’s
request in other departments; however, donated leave hours can be received from
executive branch employees outside the employing department.
2.
When the employee is no longer in need of donated
leave for an immediate family member, the recipient’s personnel assistant will
advise only the personnel assistants who have been involved.
C.
Donated Leave for Catastrophic Illness Immediate
Family Member Contributions CFN 552-0640 (Attachment C)
1.
The employee donating leave will complete “Part A”
and must agree to donate leave in whole hour increments.
2.
The donating employee’s personnel assistant will
complete “Part B.”
a.
The donating employee’s personnel assistant will
retain the original.
b.
The donating employee will receive a copy.
c.
The recipient’s personnel assistant will receive a
copy.
D.
The recipient’s personnel assistant will complete
“Part C.” Donated leave does not have
to be credited in whole hour increments.
1.
The recipient’s personnel assistant will return the
completed contributions form to the donor’s personnel assistant prior to the
pay period in which the donation is to be credited. Payroll Information (P-1 and/or P-9) forms must be completed.
2.
Information regarding recipients, donors, and the
number of leave hours donated is confidential and will be treated as such by
each agency involved. Donors also
should treat information regarding the recipients, and the number of leave
hours as confidential, but they are not prohibited from telling the recipient
if they choose to do so.
3.
Donated leave hours are not tax-deductible.
E.
Donated Leave For Catastrophic Illness of an
Immediate Family Member Tracking CFN 552-0642 (Attachment D).
1.
The recipient’s personnel assistant will complete
this form.
2.
The completed form will be forwarded to the DAS-HRE
Benefits Division by the 15th day of each month for the previous
month’s information.
F.
Personnel Action (P-1). To be completed by the recipient’s personnel assistant.
1.
Code 53, Medical leave without pay (family member)
– Optional Remark Code 232, Catastrophic illness leave without pay granted for
an immediate family member.
a.
Requires an expiration date of 12 weeks or less.
b.
Mandatory deductions are taken (state, federal, and
FICA taxes and Retirement).
c.
Voluntary deductions (credit union, bonds, etc.)
are taken unless the employee takes action to stop them.
d.
Automatic deposit remains in effect.
e.
Life Insurance:
For employees approved for FMLA, the State’s share of basic life
premiums will be paid automatically. If
the employee has additional life insurance and the premium was not
automatically paid, he or she must write a check payable to the “Iowa State
Treasurer” for the correct amount and forward it to the personnel assistant.
f.
Health and Dental Insurance: The employee must pay both the state and
employee shares, unless the leave has been designated as FMLA qualifying
leave. If so, the employee must pay
only his or her share of health and dental insurance. Once the FMLA leave is exhausted, the employee must pay both the
state and employee's shares of the premium.
If the employee has Wellmark or Delta Dental the checks must be made
payable to the “Iowa State Treasurer.”
If the employee has SPOC or a Health Maintenance Organization (HMO), the
checks must be made payable to the specific carrier. The employee’s checks need to be sent to the personnel assistant
to process.
g.
Premium Conversion Program (Pretax) remains in
effect.
h.
Deferred Compensation. Payroll deductions for the Retirement Investors’ Club (deferred
compensation) stop. Employees who wish
to begin contributions upon return to work must submit a completed New Account
and Change Form to their personnel assistant.
i.
Flexible Spending Accounts: Payroll deductions for the health and
dependent care flexible spending accounts stop. Employees who return to work within 30 days of the date the leave
began are automatically reinstated in the flexible spending account
program. Employees who return to work
more than 30 days after the leave began may make a new election to participate
in the flexible spending account program.
2.
Code 58, Catastrophic Illness Leave With Pay
(intermittent use). Regular hours and
donated leave payments. (Regular hours
mean hours worked, sick leave, vacation, etc., not donated leave
payments only).
a.
No expiration date required.
b.
Mandatory deductions are taken (state, federal, and
FICA taxes and retirement).
c.
Voluntary deductions (credit union, bonds, etc.) continue.
d.
Automatic deposit remains in effect.
e.
Life insurance:
The State’s share of basic life and long-term disability premiums will
be paid automatically. The employee’s
share of life insurance will be deducted if there are enough regular
hours. If not, the employee must write
a check payable to the “Iowa State Treasurer” for the correct amount and
forward it to the personnel assistant.
If the employee works less than 30 hours per week and is not approved
for or if FMLA leave is exhausted, his or her life code must be deleted so
deductions will not be taken.
f.
Health and dental insurance: The employee and state shares will only be
taken if the employee has enough regular hours. The employee must pay both the state and employee shares, unless
the leave has been designated as FMLA qualifying leave or he/she has regular
hours over 20 hours per week. Once the
FMLA leave is exhausted and/or the employee falls below 20 hours per week, the
employee must pay both the state and employee’s shares of the premium so the
health and dental codes should be “zeroed” out in the payroll system. If the employee has Blue Cross Blue Shield
or Delta Dental the checks must be made payable to the “Iowa State Treasurer.” If the employee has SPOC or a Health
Maintenance Organization (HMO), the checks must be made payable to the specific
carrier. The employee’s checks need to
be sent to the personnel assistant to process.
g.
Premium Conversion Program (Pre-Tax) remains in
effect.
h.
Flexible Spending Accounts: Payroll deductions for the health and
dependent care flexible spending accounts will continue as long as the employee
receives sufficient pay from which to take the deduction. Employees who do not have sufficient pay to
make at least one deduction in a month will not be able to file claims for
services within that month.
i.
Deferred Compensation: Payroll deductions for the Retirement Investors’ Club (deferred
compensation) will continue as long as the employee receives sufficient pay
from which to take the deduction.
G.
Pay Information (P-1) and/or (P-9) 91-104
(4/94). To be completed by the
recipient’s personnel assistant for the recipient.
1.
employee’s name
2.
bargaining unit
3.
bargaining status
4.
payroll number (10 digits)
5.
class and position number (8 digits)
6.
social security number
7.
effective date
8.
number of regular hours worked (if any)
9.
vacation hours used (if any)
10.
compensatory hours used (if any)
11.
donated leave pay (dollar amount)
12.
all other pay including unused sick leave must be
explained (box)
a.
identify names of donors and the number of donated
hours.
b.
add the total number of hours donated, then add the
number of regular hours worked (if any) to get the total.
c.
divide the recipient’s bi-weekly salary by 80 to
determine the hourly rate of pay.
d.
multiply the recipient’s hourly rate of pay by the
number of hours donated to determine the donated leave pay (dollar amount).
13.
must be approved (signed) by the department
director or the department director’s designee.
H.
Pay Information (P-1) and/or (P-9) 91-104
(4/94). To be completed by the donor’s personnel
assistant for the donor.
1.
employee’s name
2.
bargaining unit
3.
bargaining status
4.
payroll number (10 digits)
5.
class and position number (8 digits)
6.
social security number
7.
effective date
8.
identify number of leave (vacation) hours donated.
9.
identify who is receiving the donated hours.
10.
determine donor’s vacation balance.
11.
determine number of donated hours to use.
12.
subtract number of donated hours from donor’s
current vacation balance (this number will go in the “correction of leave
balance – vacation” box).
13.
calculate number of donated hours remaining.
14.
detail box.
15.
must be approved (signed) by the department
director or the department director’s designee.