Leave Donation Program
I. Policy
This strictly voluntary program allows an eligible employee (donor) to donate earned personal
or annual leave to another eligible designated employee (recipient). A recipient is one who is
suffering from a serious health condition, whether illness or injury, and who has exhausted
her/his own paid leave (annual leave, personal leave, sick leave, workers’ compensation, loss
time pay and compensatory time off (if applicable)). The Leave Donation Program supports the
continuation of the recipient’s normal salary for a longer period of time than would otherwise
be possible, thus easing the financial impact of the illness or injury. This program enables
employees to remain on leave with pay, for a longer period of time, during the elimination
period prior to short-term disability. The use of Donated Leave runs concurrently with an
eligible employee’s Family Medical Leave or School Board Policy leave entitlement. The
Division Superintendent shall implement this policy by an appropriate regulation.
Leave Donation Program
II. Regulation
1. The intent of this program is to provide a means to assist employees who, because of long
term personal illness or injury, have exhausted their paid leave benefits and would
otherwise be subject to a total loss of income during a continuing absence from work. This
program enables employees to remain on leave with pay, for a longer period of time.
2. A donor may donate the maximum hours that are equivalent to 30 days of the donor’s
regular contracted hours per fiscal year. (For example an 8 hour per day donor’s maximum
donation is 240 hours; 7 hour per day maximum is 210 hours; 4 hour per day maximum is
120 hours.)
3. A donor may not exceed three separate recipients per fiscal year. All donations must be
designated for a particular recipient; general donations are not accepted.
4. A recipient may receive a maximum of 30 days of Donated Leave based on their regular
contracted hours per day.
5. Donated Leave may be used to continue pay status for a recipient for up to 30 work days
once the recipient attains full Leave Without Pay (LWOP) status. This provision is subject to
availability of donations, as well as the following criteria regarding annual eligibility limits
being observed:
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Leave donations to the recipient will be effective as of the date of final approval,
retroactive adjustments will not be considered.
Recipient maximums shall be calculated by using a rolling 12 month period
measured backwards from the first date the recipient uses the Donated Leave.
Recipients will not receive more than 30 working days in rolling 12 month period.
6. Donated Leave will be processed in hours only and is donated at the donors hours for a full
day. For example, if a donor whose regular contracted work day is 8 hours per day donates
2 days, the donor will be docked 16 hours.
7. Unused personal or annual leave may be donated for use as Donated Leave.
8. Donated Leave usage runs concurrently with an eligible employee’s Family Medical Leave
entitlement or other School Board leave policies.
9. Donations must be made in whole day increments. Donations are irrevocable, meaning
leave will not be returned to donor once donated.
10. Neither the donor nor the recipient may request or receive the equivalent monetary value
of the Donated Leave in lieu of the recipient taking the paid time off.
11. Recipients may solicit donations with co-workers and peers directly and/or request an
official Leave Donation request via email from the principal or worksite administrator to the
current and/or prior work location only. The official Leave Donation request template will
be made available to the principals and worksite administrators by Retirement & Disability
Programs Office.
12. LCPS’ responsibility is limited to providing information about and administering the Leave
Donation Program, not soliciting donations for recipients.
13. A recipient’s use of Donated Leave will cease on the earliest of the following events:
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the return to work date listed by the doctor on the recipient’s verification of illness or
injury;
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the end of the approved leave;
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the recipient has received the allowed maximum of 30 days of Donated Leave;
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when leave donations are exhausted;
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upon termination of employment; or
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at any time upon request by the recipient.
14. The identity of the donor must be held as confidential information and will not be made
known to the recipient. LCPS will use its best efforts to ensure only those designated by the
Assistant Superintendent of Business and Financial Services and/or the designee will know
the identity of the donors.
15. The recipient will continue to have the employee portion of mandatory and elected
deductions deducted from Donated Leave paychecks.
16. Recipient requests are reviewed and approved by the Assistant Superintendent of Business
and Financial Services or the designee.
17. Donors must complete a Request to Donate Leave Form in order to donate leave to a
recipient. If the recipient has already received the maximum of 30 days from other donors,
the donor will be notified by the Retirement & Disability Programs Division.
18. Recipients must complete a Donated Leave Recipient Application Form prior to receiving
donations.
19. Recipient forms with appropriate medical documentation certifying the existence of a
serious health condition must be completed entirely before donated leave will be
transferred to a recipient. Certifications submitted for FMLA or School Board Leave
protections are sufficient, if they are up to date.
20. Donor forms must be completed entirely before donated leave will be transferred to a
recipient.
21. Incomplete Recipient or Donor paperwork will be held for no longer than 30 days.
Retirement & Disability Programs will return paperwork to the employees involved for
completion.
22. Participation is voluntary. An employee may not directly or indirectly intimidate, threaten or
coerce, or attempt to intimidate any employee for the purpose of interfering or influencing
any employee’s decision to donate, use or receive donated leave under this regulation.
Such action will result in denial of participation in the Leave Donation Program and could
result in disciplinary action including reprimand or termination.
23. Recipients are not eligible to accrue personal, annual or sick leave while using Donated
Leave.
24. Each donor and recipient is solely responsible for assessing the impact a donation will have
on his or her taxes and benefits.
Definitions:
1. Serious illness or injury - means debilitating or life-threatening illness or injury, a
physical or mental illness or injury of an employee as certified by a licensed health care
provider that will result in the inability of the employee to perform the essential
functions of the job, with or without reasonable accommodations, for more than 30
work days on a consecutive or intermittent basis. A serious illness or injury is intended
to be considered a “medical emergency” as described in IRS guidance allowing exclusion
of donated leave from the donor’s income and shall be interpreted accordingly.
2. Recipient- an LCPS employee is eligible to be a recipient of Donated Leave if he/she:
1. is an employee who is eligible to accrue and use sick, personal or annual
leave;
2. is suffering from a serious health condition, including illness or injury;
3. has exhausted all paid personal, annual and sick leave, workers’
compensation, as well as paid compensatory time off (if applicable),
attains full Leave Without Pay status, or will do so before the return to
work date;
4. is on an approved leave, OR is able to work, but their health care provider
has prescribed multiple and/or on-going treatments for a serious illness
or injury which will require intermittent absences from work; and
5. is not presently receiving long term disability benefits, or awaiting or
receiving workers’ compensation payments.
A recipient must apply to participate in the Leave Donation Program by
the end of the month following the month in which either paid leave time
or disability benefits are exhausted or suspended. An extension may be
granted by the Assistant Superintendent of Business and Financial
Services on a case-by-case basis, provided no long term disability benefits
or workers’ compensation payments were received for the period in
question. A request for an extension to the deadline must be received no
later than one week following the employee’s return to work.
An employee who has applied to receive workers’ compensation benefits
is not eligible to apply for Donated Leave; however, that employee may
apply if their claim is denied. If upon appeal Worker Compensation
benefits are approved retroactively, any donated leave funds paid to the
employee, with regard to this injury, must be returned to LCPS.
Reduction to future LCPS paid time may be used to offset the funds
owed. The employee may elect to agree to a repayment plan with LCPS
by contacting the Financial Services Office for details.
3. Donor- an LCPS employee who is eligible to accrue and use paid leave may request
approval to participate as a donor of Donated Leave. The donation of leave will be
reviewed and confirmed by the Payroll Division.