[Adopted 7-20-2006 by Ord. No. 814]
A Borough employee shall be eligible to receive
donated sick or vacation leave from a fellow employee if the employee:
A.
Has completed at least one year of continuous service
with the Borough;
B.
Has exhausted all accrued sick, vacation and administrative
leave, all sick leave injury benefits, if any, and all compensatory
time off;
C.
Has not, in the two-year period immediately preceding
the employee's need for donated leave, been disciplined for chronic
or excessive absenteeism, chronic or excessive lateness or abuse of
leave; and
D.
Has:
(1)
Suffered from a catastrophic health condition or injury;
(2)
Is needed to provide care to a member of the employee's
immediate family who is suffering from a catastrophic health condition
or injury; or
(3)
Requires absence from work due to the donation of
an organ (which shall include, for example, the donation of bone marrow).
As used in this chapter, the following terms
shall have the meanings indicated:
Either:
A life-threatening condition or combination
of conditions; or
A period of disability required by his or her
mental or physical health or the health of the employee's fetus which
requires the care of a physician who provides a medical verification
of the need for the employee's absence from work for 60 or more work
days.
With respect to an employee's immediate family
member, either:
A life threatening condition or combination
of conditions; or
A period of disability required by his or her
mental or physical health which requires the care of a physician who
provides a medical verification of the need for the family's member's
care by the employee for 60 or more work days.
A.
In order to participate in the program, an employee
must request the approval of his or her participation in the program
from the governing body, as a leave recipient or leave donor. The
employee's supervisor may make such a request on behalf of the employee
for his or her participation in the program as a leave recipient.
(1)
The employee or supervisor requesting the employee's
acceptance as a leave recipient shall submit to the Borough medical
verification from a physician or other licensed health care provider
concerning the nature and anticipated duration of the disability resulting
from either the catastrophic health condition or injury, or the donation
of an organ, as the case may be.
(2)
When the Borough has approved an employee as a leave
recipient, the Borough shall, with the employee's consent, post or
circulate the employee's name along with those of the eligible employees
in a conspicuous manner to encourage the donation of leave time, and
shall provide notice to all negotiations representatives in the Borough.
(3)
If the employee is unable to consent to this posting
or circulation, the employee's family may consent on his or her behalf.
B.
A leave recipient must receive at least five sick
days or vacation days or a combination thereof from one or more leave
donors to participate in the donated leave program. A leave donor
shall donate only whole sick days or whole vacation days and may not
donate more than 10 such days to any one recipient.
(1)
A leave recipient shall receive no more than 30 sick
days or vacation days, and shall not receive any such days on a retroactive
basis.
(2)
A leave donor shall have remaining at least 20 days
of accrued sick leave, if donating sick leave and at least 12 days
of accrued vacation leave, if donating vacation leave.
(3)
A leave donor shall not revoke the leave donation.
C.
While using donated leave time the leave recipient
shall accrue sick leave and vacation leave and be entitled to retain
such leave upon his or her return to work.
(1)
Any unused donated leave shall be returned to the
leave donors on a prorated basis upon the leave recipient's return
to work, except that if the prorating of leave days results in less
than one day per donor to be returned, that leave time shall not be
returned.
(2)
Upon retirement, the leave recipient shall not be
granted supplemental compensation on retirement for any unused sick
days which he or she had received through the leave donation program.
Borough employees shall be prohibited from threatening
or coercing or attempting to threaten or coerce other employees for
the purpose of interfering with rights involving donating, receiving
or using donated leave time. Such prohibited acts shall include, but
not be limited to, promising to confer or conferring a benefit such
as an appointment or promotion or making a threat to engage in, or
engaging in, an act of retaliation against an employee.
