11—63.19(8A) Donated leave for catastrophic illnesses of employees and family members. Employees are eligible to donate or receive donated leave hours for catastrophic illnesses of the employee or an immediate family member. Contributions shall be designated as “donated leave” and shall be subject to the rules, policies and procedures of the department.
	63.19(1) Definitions:
“Catastrophic illness” means a physical or mental illness or injury of the employee, as certified by a licensed physician or physician assistant, that will result in the inability of the employee to work for more than 30 workdays on a consecutive or intermittent basis; or that will result in the inability of the employee to report to work for more than 30 workdays due to the need to attend to an immediate family member on a consecutive or intermittent basis.
“Donated leave” means vacation leave (hours) donated to employees as a monetary benefit only. Recipient employees will not accrue vacation or sick leave benefits on donated leave hours.
“Employee” means a full-time or part-time executive branch employee who is eligible to accrue vacation.
“Immediate family member” means the employee’s spouse, parent, son, or daughter, as defined in the federal Family and Medical Leave Act.
	63.19(2) Program eligibility for employee illness. In order to receive donated leave for a catastrophic illness, an employee must:
	a. 	Have a catastrophic illness as defined by subrule 63.19(1); and
	b. 	Have exhausted all paid leave; and
	c. 	Not be supplementing workers’ compensation to the extent that it exceeds more than 100 percent of the employee’s pay for the employee’s regularly scheduled work hours on a pay-period-by-pay-period basis; and
	d. 	Not be receiving long-term disability benefits; and
	e. 	Be approved for and using or have exhausted Family and Medical Leave Act (FMLA) leave hours if eligible; and
	f. 	Be on approved leave without pay for medical reasons during any hours for which the employee will receive donated leave.
	63.19(3) Program eligibility for immediate family member illness. In order to receive donated leave for a catastrophic illness of an immediate family member, the immediate family member must have a catastrophic illness as defined in subrule 63.19(1). The employee must:
	a. 	Have exhausted all paid leave for which eligible; and
	b. 	Be approved for and using or have exhausted Family and Medical Leave Act leave hours if eligible; and
	c. 	Be on approved leave without pay for the medical reasons of an immediate family member during any hours for which the employee will receive donated leave.
	63.19(4) Certification requirements. The employee shall submit an application for donated leave on forms developed by the department. Appointing authorities may, at their department’s expense, seek second medical opinions or updates from physicians or physician assistants regarding the status of an employee’s or employee’s immediate family member’s illness or injury. If the employee is receiving FMLA leave, a second opinion must be obtained from a physician or physician assistant who is not regularly employed by the state.
	63.19(5) Program requirements.
	a. 	Vacation hours shall be donated in whole-hour increments; however, they may be credited to the recipient in other than whole-hour increments. All of the recipient’s accrued leave must be used before donations will be credited to the recipient. Hours will be credited in increments not to exceed the employee’s regularly scheduled work hours on a pay-period-by-pay-period basis. Recipients will not accrue vacation and sick leave on donated leave hours.
	b. 	Approval of use of donated leave shall be for a period not to exceed one year either on an intermittent or continuous basis for each occurrence.
	c. 	Donated leave shall be irrevocable after it is credited to the recipient. Donated hours not credited to the recipient will not be deducted from the donor’s vacation leave balance. Donated leave shall be credited on a first-in/first-out basis.
	d. 	Donated leave for catastrophic illness will not restrict the right to terminate probationary employees. The period of probationary status and the pay increase eligibility date, if in excess of 30 days, will be extended by the amount of time the employee received donated leave.
	e. 	Appointing authorities shall post a form developed by the department indicating that the employee is eligible to receive donated leave and the name of the person to contact for the donation. The appointing authority is not responsible for posting outside the employing department; however, donated leave hours can be received from executive branch employees outside the employing department.
	f. 	Leave without pay rules and procedures shall apply to the following benefits: health, dental, life, and long-term disability insurances; pretax; deferred compensation; holiday pay, sick leave and vacation leave accrual, shift differential pay, longevity pay and cash payments. In addition, employees receiving donated leave for catastrophic illness for themselves or their immediate family member will not be eligible for leadworker pay, extraordinary duty pay or special duty pay. If FMLA leave and donated leave for a catastrophic illness are used concurrently, the state is obligated to pay its share of health and dental insurance premiums. The state also maintains an employee’s basic life and long-term disability insurances during periods of FMLA leave.
	g. 	Employees may choose to continue or terminate optional deductions (e.g., miscellaneous insurance, savings bonds, charitable contributions, or credit union deductions) while using donated leave. Mandatory deductions are taken from gross pay first, then optional deductions as funds are available and as authorized by the employee. Union dues deductions will continue as long as the employee has sufficient earnings to cover the dollar amount certified to the employer after deductions for social security, federal taxes, state taxes, retirement, health and dental insurance, and life insurance.
	h. 	Contributions to the employee’s dependent care account will not be allowed during a period of leave without pay. Claims will not be paid for dependent care while an employee is on leave without pay.
	i. 	If an employee applies for and is approved to receive long-term disability, the employee may continue to receive leave contributions for up to one year on an intermittent or continuous basis or the effective date of the employee’s long-term disability, whichever comes first. Donated leave hours not used are not credited to the recipient and are not deducted from the donor’s vacation leave balance.
[ARC 6866C, IAB 2/8/23, effective 3/15/23]