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City of Rensselaer, NY
Rensselaer County
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Table of Contents
Table of Contents
[Adopted 8-2-1995]
A. 
The intent of the leave donation program is to provide a means to assist employees who, because of long-term personal illness or injury, have exhausted their leave benefits, vacation time, compensatory time and other accruals and would otherwise be subject to a severe loss of income during a continuing absence from work. It is the intent of the City to have both union and nonunion employees eligible to participate in the leave donation program. It is not, however, the intent of this policy to conflict with or to supersede any collective bargaining unit agreements.
B. 
The program is not intended to provide supplemental income which would result in compensation levels exceeding normal wages for employees who have other sources of substitute income, such as that provided by disability insurance programs.
A. 
In order to donate sick credits, an employee must meet the following eligibility criteria:
(1) 
The employee must be employed by the City of Rensselaer; and
(2) 
The employee must have a minimum balance of at least 10 days after making a donation to the sick leave program.
B. 
An employee may donate a total of 10 sick days every six months as long as the individual donor has a sick leave balance of at least 10 days after making the donation.
C. 
Donations must be made in full-day (7.5 hours) units, regardless of the work schedule or percentage of employment of the donor or the recipient. The work schedule or employment percentage of the intended recipient is not a factor in determining the minimum units of donation.
D. 
The identity of donors may not be disclosed by the City. All donations must be made through the use of a signed consent form.
E. 
An employee who has submitted his/her resignation or retirement or who has received notice of termination of employment can only donate 10 days' credit.
A. 
In order to receive donated leave credits, an employee must meet the following eligibility criteria:
(1) 
The employee must be a full-time employee or otherwise eligible to earn leave credits.
(2) 
The employee must have completed at least one cumulative year of service.
(3) 
The employee must be absent due to a nonoccupational personal illness or disability for which medical documentation satisfactory to management is submitted as required.
(4) 
The employee must be expected to be absent for at least two biweekly payroll periods following exhaustion of leave credits, vacation time, compensatory time and other accruals.
(5) 
The employee must have donated sick leave time to the sick leave program.
B. 
The requirement that a person donate sick credits to the sick leave program shall not become effective until one year from the effective date of this article. The eligibility of an employee to participate in this program shall be approved by the Common Council. There is no maximum number of days which a recipient employee may accept; provided, however, that donated credits cannot be used to extend employment beyond the point it would otherwise end by operation of law, rule or regulation. Similarly, there is no maximum number of donors from whom an eligible employee may accept donations.
C. 
An employee's continuing eligibility to participate in this program must be reviewed by the Common Council at least every 30 days and more frequently if appropriate. Current standards as to what constitutes medical documentation satisfactory to management for purposes of determining medical disability continue to apply.
A. 
Time donated to the sick leave program will be distributed equally until such time as all leave donated to the program is exhausted.
B. 
Donated credits may be used only after exhaustion of all leave credits, vacation time, compensatory time and any other accrued time of the recipient.
C. 
When the employee requests to use donated credits after exhaustion of leave credits, vacation time, compensatory time and any other accruals, the donated credits must be used in full-day units based on his/her work schedule.
D. 
Normally, donated credits are only available for periods of continuous absence which are expected to continue for at least two biweekly payroll periods following exhaustion of leave accruals. However, in certain cases of intermittent absence in connection with catastrophic illness, the Common Council may waive the two biweekly payroll period continuous absence requirement. The Common Council may also take into account reoccurrence of illness and disability in determining an employee's eligibility. In no event may any exception be granted to the requirements that all leave credits, vacation time, compensatory time and any other accruals be exhausted.
A. 
Recipient employees are deemed to be on leave without pay status for attendance and leave purposes while charging donated leave credits. They do not earn biweekly leave accruals or observe holidays nor do they receive personal leave or vacation bonus days if their anniversary dates fall while they are using donated leave credits. In such cases, the personal leave anniversary date changes to the date of return to work, and personal leave is granted on the adjusted anniversary date.
B. 
In some cases, donations may be received on an intermittent basis. For example, in the first payroll period of participation in the program, the employee may receive donations of four days, in the second payroll period, two days and so on. Credits which have been donated must be used each pay period prior to placing the employee on leave without pay for the balance of that pay period.
C. 
While charging donated credits, the employee continues to have health insurance premiums, retirement contributions and other payroll deductions withheld from his or her paycheck, so long as the paycheck is of an amount sufficient to cover these deductions.
D. 
Employees using donated leave continue to receive retirement service credit for days in pay status.
The City may not solicit donations on the employee's behalf. While the City is expected to cooperate with those soliciting on an employee's behalf with respect to responding to inquiries concerning an employee's eligibility to participate in the program, the City may not release any medical information.