CHAPTER 306

FORMERLY

SENATE BILL NO. 28

AS AMENDED BY HOUSE AMENDMENT NO. I AND SENATE AMENDMENT NO. 3

AN ACT TO AMEND CHAPTER S9, TITLE 29 OF THE DELAWARE CODE RELATING TO THE MERIT SYSTEM OF PERSONNEL ADMINISTRATION; AND PROVIDING FOR DONATED LEAVE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 59, Title 29 of the Delaware Code by adding thereto a new section, designated as §S956, which new section shall read as follows:

15956. Donated leave program

(a) An officer or employee of this State, with the approval of his or her immediate supervisor or the Director of the Division in which he or she is employed, may donate accrued sick leave and annual leave in equal amounts to a leave Bank established by the Director of State Personnel for all officers or employees of this State or to another officer or employee of this State.

(b) A person wishing to donate leave time under this section may request the Director of State Personnel to debit the donor's sick leave and annual leave accounts.

(a) Sick leave and annual leave accrued in the Leave Bank or directly donated to an employee may be used by a recipient only for catastrophic illness. For purposes of this subsection, the term "catastrophic illness" shall mean any illness or injury to an employee which is diagnosed by a physician and certified by the physician as rendering the employee unable to work for a period greater than 5 calendar weeks. Separate periods of disability lasting 7 calendar days or more each, resulting from the same or a related medical condition and occurring within any 12 consecutive month period, shall be considered the same period of disability.

(c) The Director of State Personnel shall convert the donated leave into cash value at the donor's rate of pay, shall re-convert the cash value to hours of leave at the recipient's rate of pay, and shall then credit the recipient's account.

(d) Before receiving donated leave time under this section, the recipient of the leave time shall:

( I) have been an officer or employee of this State for at least 6 months before he or she is eligible for donated leave time;

(2) have used all of his or her sick days and half of his or her vacation time; and

(3) have established medical justification for such receipt, which must be renewed every 30 days.

(I) An employee who is covered by a collective bargaining agreement may donate leave to, or receive donations of leave from, an employee or officer who is not covered by a collective bargaining agreement.

(g) No potential donor, nor any other person, shall sell any accrued leave which might otherwise be donated under this section. No person who is permitted to donate leave under this section shall make any such donation within the last six months immediately prior to such person's retirement from State employment.

(g) The Director of the Office of State Personnel shall have the authority to carry out the mandates of this Act.

(g) The agency employing the recipient of a grant of donated leave shall pay all cost of the use of that donated leave. No funds shall be attached to tiny hours of donated leave.

(j) The State's liability under this program shall not exceed the number of hours donated by employees.

(k) The provisions of this legislation related to a direct donation of hours from one officer or employee of this State to another officer or employee shall become effective upon the enactment of this legislation. The provisions of this legislation related to donation of hours to the Leave Bank shall become effective upon the establishment of the Bank or three months after the enactment of this legislation, whichever occurs first."

Approved February 2, 1996