Requesting Donated Leave

Issue/Question

What is USD’s Donated Leave Policy for Employees?

How do I request to receive donated leave?

Environment

• USD
• SNAP
• Time & Leave

Resolution

Receiving Donated Leave:

When an employee is terminally ill and unable to return to work, or suffering from a life-threatening illness or injury which prevents the employee from working for at least 90 consecutive days:

1. The recipient employee may use donated annual and sick leave.
   • For every hour of annual leave donated by an employee, the recipient employee receives one hour of annual leave
   • For every four hours of sick leave donated by an employee, the recipient employee receives one hour of sick leave
2. Donated leave benefits cease:
   1. After 2,080 hours of donated leave have been used by the recipient employee who is terminally ill
   2. After 1,040 hours of donated leave have been used by the recipient employee who is suffering from a life-threatening illness or injury
   3. When other public disability benefits have been approved for the recipient employee,
      or
   4. Upon death of the recipient employee

When an employee’s spouse, child or parent is terminally ill or suffering from an acutely life-threatening illness or injury which has been certified by a licensed physician as having a significant likelihood of terminating fatally:

1. The recipient employee may use donated annual leave
   • For every hour of annual leave donated by an employee, the recipient employee receives one hour or annual leave
2. Donated leave benefits cease:
   1. After 12 weeks of paid leave* (including personal leave, annual leave and donated annual leave) have been used per calendar year by the recipient employee to care for an eligible family member
      or
   2. Five working days following the death of the eligible family member
      Note:  When an employee works a part-time schedule, hours will be counted on a prorated basis corresponding to the percentage of hours they normally are scheduled to work during a calendar year.  If an employee’s scheduled varies from week to week, a weekly average of the hours worked over the 12 weeks prior to the beginning of the leave period would be used for calculating the employee’s normal work week.  If an employee takes leave on an intermittent or reduced leave schedule, only the amount of leave actually taken will be counted toward the 12 weeks of paid leave.

Sick and annual leave may not be accrued by the recipient employee on donated leave

Definitions:

• Child: A biological child, stepchild, adopted/foster child, or legal ward under the age of 18
• Spouse: Husband or wife as recognized under the laws of South Dakota for the purpose of Marriage.  South Dakota does not recognize common law marriage
• Parent: Biological or stepparent.  This does not include in-laws
• Life-threatening illness or injury: An acute illness or an injury which has been certified by a licensed physician as having a significant likelihood of terminating in fatality
• Terminally Ill: An incurable physical condition that is certified by a licensed physician to be non-reversible and likely to result in death
• Vested Leave: Annual or sick leave for which an employee is entitled to payment pursuant to SDCL 3-6-6 and 3-6-8.3