UC Merced Catastrophic Leave Donation Program Policy and Procedures I. INTRODUCTION The UCM Catastrophic Leave Donation Program permits temporary salary and benefit continuation for an eligible staff employee who has exhausted all paid leave credits as a result of a catastrophic illness or injury. The Program allows employees to donate vacation leave to co-workers who do not have sufficient accumulated leave to meet an eligible medical leave. While the Program establishes a mechanism for leave transfers, participation is entirely voluntary and donations are anonymous, though the donor may choose to self-identify. The Program is open to all departments within UCM. II. DEFINITIONS A. Catastrophic Illness or Injury: Non-industrial illness or injury which results in a serious health condition that requires the employee’s absence from work. B. Paid Leave Credits: For the purposes of this Program, only vacation leave credits may be donated. C. Recipient: An employee who is eligible to accrue and use vacation, has exhausted all paid leave credits, is eligible for extending his/her salary and benefits temporarily, and who has been identified as eligible for a catastrophic leave donation. D. Donor: The employee who is donating vacation time to a particular employee. E. Eligible Family Member: An eligible family member is a parent, spouse/domestic partner, or child. F. Serious Health Condition: Serious health condition means an illness, injury, impairment, or physical or mental condition that involves: 1) Any period of incapacity or treatment connected with inpatient care in a medical care facility; or 2) A period of incapacity requiring absence of more than three calendar days from work that also involve continuing treatment by (or under the supervision of) a licensed health care provider; or 3) Any period of incapacity due to pregnancy, or for prenatal care; or 4) Any period of incapacity (or treatment therefore) due to a chronic serious health condition; or a period of incapacity that is permanent or long-term due to a condition for which treatment may be effective; or 5) Any absence to receive multiple treatments (including any period of recovery there from) by, or referral by, a licensed health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated. III. QUALIFYING SITUATIONS A. The Donor must: 1) Be an employee of a UCM Department 2) Be in a position that accrues vacation leave 3) Have accrued sufficient vacation leave to cover the amount of the donation to be made B. The Recipient must: 1) Be an employee of a UCM Department 2) Be in a position that accrues vacation leave 3) Be granted approval for a medical leave of absence C. Note: An eligible employee may receive vacation leave donations for the purpose of caring for an eligible catastrophically ill family member, but first he or she shall exhaust his/her sick leave balance, even when doing so results in exceeding the 30-day limit imposed on the use of sick leave for family illness by applicable personnel policies and collective bargaining agreements. IV. CRITERIA A. Division or Department Head: The Division or Department Head (MSO) shall determine the methodology for soliciting donations to the Catastrophic Leave Program. Participation in the Catastrophic Leave Program is strictly voluntary. B. Recipient: Donations may be credited incrementally to the receiving employee with a maximum of 160 hours in a twelvemonth period. Employees may not receive any University-paid or Employee-paid Disability benefits while being compensated from Catastrophic Leave Program donations because the employee is considered to be on active pay status. Donated time may be applied to the receiving employee's disability waiting period. C. Donor: Each donation by an eligible donor must be a minimum of eight (8) hours with any additional hours from that donor in whole hour increments. When the recipient normally accrued less than eight (8) hours of vacation per month, donations of less than eight (8) hours may be made at the same rate of accrual. The maximum that may be donated is 50% of the donor's vacation balance or eighty (80) hours in a calendar year, whichever is less. V. ELIGIBILITY All UCM career employees who are eligible to accrue and use vacation leave are eligible to participate in the UCM Catastrophic Leave Donation Program as Recipients or Donors. Eligible Recipients may also participate in the program to care for eligible family members. Exclusively represented employees who meet the criteria may participate in the Program to the extent provided in the applicable collective bargaining agreements. The Program is non-grievable, and is not subject to any arbitration policy applicable to any employees. Vacation leave may be credited to an employee in the event of the employee's eligible catastrophic illness or injury if the following conditions are met: A. The employee (recipient) has sent a Recipient Application Request Form (attached) and medical documentation to the Division or Department Head (or designee); B. The Division or Department Head (or designee) has confirmed that the employee is unable to work due to the catastrophic illness or injury of the employee or a member of the employee's family or household; C. The requesting employee has exhausted all paid leave credits; D. Vacation leave hours have been donated for that employee via the Donor Form (attached); and E. The Human Resources Office approves the vacation leave transfer. VI. PROCEDURES F. Initiation of Process: The potential recipient may initiate the process by submitting a Recipient Application Request Form (attached) and medical documentation to his/her Division or Department Head (or designee) to participate in the Program. Once the form has been completed, it must be forwarded to Human Resources for final approval and actual vacation leave transfer. In addition, the employee must request, and the Division or Department Head (or designee) must approve, a leave for a specified period of time via the normal leave procedures as set by the Human Resources Office. G. Verification of Medical Condition: The potential recipient’s division or department will verify that a qualifying health condition exists upon receipt of medical certification of an eligible medical condition. 1) Note: The potential recipient need not reveal his/her underlying diagnosis to the University in order to participate in this program. All that is required is medical documentation that a serious health condition exists that renders the employee unable to work for a specified period of time, as indicated in the medical documentation. H. Exhaustion of Paid Leave Balances: The division or department will also verify that the intended recipient has exhausted, or will exhaust, all paid leave and determine the number of hours necessary for the remainder of the approved catastrophic illness/injury leave. I. Donations: The potential donor may also initiate the donating process by submitting a Donor Form (attached) to his/her Division or Department Head (or designee) to participate in the Program. Once the form has been completed, it must be forwarded to the Human Resources Office for actual vacation leave transfer. VII. TRANSFER OF VACATION LEAVE HOURS Donations are irrevocable once the donor signs the form authorizing a deduction from his or her vacation leave balance unless the designated recipient becomes ineligible to receive the donation. The Division or Department Head (or designee) will ensure that donations meet the eligibility criteria and will then forward the Recipient Application Request Form and Donor Form(s) to Human Resources for final approval and actual vacation leave transfer. The leave balance should be reduced using the Description of Service (DOS) code VLC so that the department does not receive a credit from the financial leave reserve account. When approving the crediting of vacation hours to the recipient's vacation leave balance, the Division or Department Head (or designee) shall ensure that only the number of hours needed are requested to be credited. The leave balance should be increased using the Description of Service (DOS) code VLC so that the department is not charged for leave assessment by the financial leave system. VIII. EFFECT ON FAMILY AND MEDICAL LEAVE and CALIFORNIA FAMILY RIGHTS Participation in the Catastrophic Leave Program does not affect a recipient employee’s right to Family and Medical Leave (FMLA) and/or leave under the California Family Rights Act (CFRA). Time paid through this Program will be charged as FMLA or CFRA to the recipient employee as long as the employee meets the eligibility requirements and the leave has been designated as FMLA or CFRA. Initiation of the Catastrophic Leave Donation Program does not exclude the Recipient or the Department from immediately notifying the Human Resources Office when an employee requests medical leave. UC Merced Catastrophic Leave Donation Program Recipient Application Request Form Instructions: Please read the Catastrophic Leave Donation Program Policy and Procedures completely to determine whether you meet the qualifications to participate in the Catastrophic Leave Donation Program. Once you have completed this form, please attach medical documentation and forward this form to Human Resources for final approval. Please note that you need not disclose your underlying diagnosis in order to participate in this program. Date: __________________________________ Recipient's Name (printed): _________________________________________ Employee ID # ______________ Patient’s Name (if family member): __________________________________ Relationship to Employee: _______________ 1. Have you exhausted all sick leave, vacation leave, and compensatory time off? □ Yes □ No □ Pending If yes, or pending, please indicate the effective date: _____________ 2. How many hours are you requesting? ___________ 3. What is the expected duration of your medical leave? From: __________ To: __________ 4. Briefly state the reason(s) you need leave hours: Note: You need not disclose your underlying diagnosis in order to participate in this program ______________________________________________________________________________________________ ______________________________________________________________________________________________ 5. Have you requested Catastrophic Leave during the last twelve-months? 6. If yes, what was the amount of leave granted to you within the last twelve months? ______ Hours 7. Expected date of return to work: 8. Medical verification from health care provider attached? □ Yes □ No □ Yes □ No ________________________________________________________ ___________________________ Recipient's Signature Date ________________________________________________________ ___________________________ Division or Department Head's (or designee’s) Signature Date ________________________________________________________ Division or Department Head's (or designee’s) Title FOR HR DEPARTMENT USE ONLY This request is: □ Approved □ Denied ___________________________ ___________________________ ___________________________ HR Authorizing Signature Print Name Date Vacation Leave Transfer Authorization Form has been forwarded to Payroll: ________________________________________________________ ___________________________ Name of EDB Processor in Payroll Date