Donated Leave Program
To establish a University-wide program which permits employees to voluntarily donate portions of their earned sick and/or vacation time to other employees who have exhausted their own earned leave time, and who are suffering from a catastrophic health condition or injury which necessitates the prolonged absence from work by the employee, or who is needed to provide care to a member of the employee’s immediate family who is suffering from a catastrophic health condition or injury.
II. ELIGIBILITY FOR RECEIVING DONATED LEAVE
- The recipient must have completed at least one year of continuous University service.
- The recipient or the immediate family member must be suffering from a catastrophic health condition or injury which is defined as follows: a) a life-threatening condition or combination of conditions, or: b) a period of disability which requires the care of a physician who provides medical verification of the need for the employee’s absence from work for 60 or more work days.
- The recipient must have exhausted all accrued leave time including compensatory time off, sick leave, vacation leave and administrative leave.
- The recipient must receive a total of at least five (5) donated days from any one or more leave donors to participate in the program.
- An employee receiving donated leave shall not receive temporary disability benefits for the same period he/she is paid wages from donated sick and/or vacation leave.
The employee has not, in the two-year period immediately preceding the employees need for
leave, been disciplined for chronic or excessive absenteeism, chronic or excessive lateness or abuse of leave.
III. DONOR ELIGIBILITY GUIDELINES
- An employee may donate up to ten (10) days to any one recipient. Only whole days may be donated. Ten (10) days of donation to any one recipient is a lifetime maximum.
- The donor must have remaining to his/her credit at least 20 days of accrued sick leave if donating sick leave and at least 12 days of accrued vacation leave if donating vacation leave.
- The donor must not solicit or accept anything of value in exchange for the donation.
- An employee may initiate participation in this program as a leave recipient or donor by contacting the Office of Payroll & Benefits. A supervisor may also initiate this process on behalf of the employee for their participation in the program as a leave recipient.
- Medical verification from a physician or other licensed health care provider concerning the nature and anticipated duration of the health condition or injury must be submitted by the employee or supervisor who is requesting participation on behalf of an employee as a recipient. Decisions regarding eligibility will be made on a case-by-case basis by the Office of Payroll & Benefits and will conform to State guidelines as provided in NJAC 4A:6-1.22.
- Once a recipient is approved for the program, the Office of Payroll & Benefits will post on bulletin boards, or announce by other appropriate means, the name of the eligible employee. The posting will be done only with the recipient’s consent. If the employee is unable to consent, a member of the employee’s immediate family may consent on behalf of the employee.
- The donor(s) and the recipient (or family representative) will fill out the required forms. No one shall directly or indirectly intimidate, threaten or coerce, or attempt to intimidate, threaten or coerce any other employee for the purpose of interfering with any right which such employee may have with respect to contributing, receiving or using paid leave under this program. The above shall include promising to confer or conferring any benefit (such as appointment, promotion or compensation) or making a threat to engage in, or engaging in, an act of retaliation against an employee. Any employee who engages in the above prohibited conduct shall be subject to disciplinary action.
- The announcement effective dates will be for a period of 30 days following the recipient’s approval for the program and all donated days will be tabulated and processed. If the maximum of 180 days is not received during the announcement period, donations will continue to be accepted. Any unused days will be returned on a pro-rata basis. In this way, all donors will have the opportunity to donate time, and donations will be more evenly apportioned. A leave donor cannot revoke the leave donation.
- Donations may not be used on a retroactive basis.
- The eligible recipient’s leave time will be credited with donated time up to the 180 day maximum. Records will be maintained by the Office of Payroll & Benefits showing the donor’s name and the number and type of days donated. This 180 day limit is a recipient’s lifetime maximum.
V. IMPLICATIONS FOR RECEIPT OF DONATED LEAVE
- Should the recipient employee return to work or otherwise terminate the use of leave with donated time remaining, that time will be returned to the donor(s) on a prorated basis in whole days. Any proration that would amount to less than one whole day per donor will not be returned.
- The recipient employee, while using donated leave, will continue to earn sick and vacation time. All such earned time shall be retained by the recipient employee and credited to the employee’s accrued leave time.
- A recipient employee who retires will not be granted supplemental compensation on retirement for any outstanding donated sick days which he or she had received.