ShareLeave

PURPOSE: This rule prescribes guidelines and standards regarding donated leave programs under the authorization of section 36.350, RSMo. These guidelines and standards provide a framework to agencies for the establishment of their ShareLeave programs. (1) The state agencies that are covered under section 36.350, RSMo, may establish ShareLeave programs within their agencies for employees to donate leave to other employees. These programs may be established under the conditions set out within the following regulations: (A) As used in this rule, unless the context clearly indicates otherwise, the following terms mean: 1. ShareLeave means a pool of leave hours donated by eligible employees that may be conveyed from the pool to other eligible employees; 2. A catastrophic illness or injury is one which is life threatening, terminal, or likely to result in a substantial permanent disability; and 3. ShareLeave pool means a repository of eligible leave hours that is maintained by a department or agency of state government for the purposes set forth under the ShareLeave program; (B) Employees eligible to donate leave to the ShareLeave pool are those employees that are employed in positions of a permanent or continuing nature and who have completed six (6) months of service. Employees eligible to receive ShareLeave pool benefits are those employees who are employed in positions of a permanent or continuing nature and who have completed six (6) months of service; (C) Annual leave as defined by 1 CSR 205.020(1) may be donated by employees to the pool. Overtime or compensatory time as defined by 1 CSR 20-5.010(1)(C), (D), and (E) and 1 CSR 20-5.010(2)(E) may be donated by employees to the pool. Since sick leave benefits are a grant from the employer and in no sense the property of individuals, the donation of sick leave is not allowed; (D) To be eligible for donated leave, recipient employees must have experienced a catastrophic illness or injury. Departments may also provide that employees may be eligible for donated leave if they can demonstrate that their spouse or children have experienced catastrophic illness or injury requiring the employee’s personal care and attention. The final decision concerning the granting of leave under this section rests with the department; (E) Recipient employees must have exhausted all of their own accrued annual leave, sick leave, and compensatory leave and all worker’s compensation indemnity payments (if applicable) before being eligible for donated leave; (F) Employees eligible to receive disability benefits from the state of Missouri are not eligible for donated leave; (G) Donations cannot be made to individuals, but instead to a departmental or agency “pool” established for this purpose; (H) Appointing authority will establish a method for determining the eligibility of persons who apply for leave benefits from the “pool”; (I) All eligible applicants will receive an equitable share of leave from that available in the donation “pool”; (J) The maximum benefit which can be authorized for any one (1) employee for any one (1) instance of eligibility is limited to the equivalent of four (4) months of regular salary; (K) An employee receiving donated leave is credited with additional leave earnings during this period; and (L) All donations of eligible leave are voluntary. No employee may intimidate, threaten, or coerce any other employee with respect to donating or receiving leave under this program. Individual leave records that apply to ShareLeave are confidential and no individual employees are to receive remuneration of any kind for leave donated. (2) Each appointing authority that adopts a program under section (1) of this rule will submit a formal written policy and updates to the director for review. (3) ShareLeave for Foster and Adoptive Placement and Care. The state agencies that are covered under section 105.271, RSMo, will establish a leave-sharing program within their agencies for employees to donate annual leave, overtime, or compensatory time to an employee who is arranging for a foster or adopted child’s placement or caring for the child after placement. Nothing in this section prohibits a leave-sharing program for other purposes. This program will be established under the conditions set out within the following guidelines: (A) As used in this rule, unless the context clearly indicates otherwise, the following terms mean: 1. “ShareLeave for Foster and Adoptive Placement and Care” means a pool of leave hours donated by eligible employees that may be conveyed from the pool to other eligible employees for the purpose of arranging for a foster or adopted child’s placement or caring for the child after placement; 2. “State ShareLeave Pool” means a statewide repository of eligible leave hours that is maintained by the Commissioner of Administration or designee for the purposes set forth under the ShareLeave for Foster and Adoptive Placement and Care program for the purpose of arranging for a foster or adopted child’s placement or caring for the child after placement; 3. “Department ShareLeave Pool” means a repository of eligible leave hours that is maintained by a department or agency of state government for the purposes set forth under the ShareLeave for Foster and Adoptive Placement and Care program for the purpose of arranging for a foster or adopted child’s placement or caring for the child after placement; and 4. “Foster or adoptive parent” means both those pursuing to foster or adopt a child and those who have a foster or adopted child placed in the home; (B) Employees eligible to donate leave are those employees who are employed full time in benefit-eligible positions of a permanent or continuing nature. Employees eligible to receive ShareLeave pool benefits are those employees who are employed full time in benefit-eligible positions of a permanent or continuing nature; (C) Annual leave as defined by 1 CSR 205.010(1) may be donated by employees to a pool. Overtime or compensatory time as defined by 1 CSR 20-5.010(1)(C), (D), and (E) and 1 CSR 20-5.010(2)(E) may be donated by employees to a pool. Since sick leave benefits are a grant from the employer and in no sense the property of individuals, the donation of sick leave is not allowed. 1. Departments or agencies which opt in to the State ShareLeave Pool will send a letter and copy of agreement which indicates cross agency acceptance to the Commissioner of Administration. The State ShareLeave Pool is the only program allowed for multi-agency ShareLeave for Foster and Adoptive Placement and Care purposes. 2. Any department or agency which chooses to participate in the State ShareLeave Pool will designate one (1) employee to serve on a Statewide ShareLeave for Foster and Adoptive Placement and Care Committee, chaired by the Commissioner of Administration or designee; (D) Any donated leave is only to be used by the recipient employee for purposes of arranging for the foster or adopted child’s placement or caring for the child after placement, which includes, but is not limited to: 1. Appointments with state officials, child placing agencies, social workers, health professionals, or attorneys; 2. Court proceedings; 3. Necessary travel; 4. Training and licensure as a foster parent; 5. Any periods of time during which foster or adoptive parents are ordered by the state, a child placing agency, or by a court to take time off from work to care for the foster or adopted child; or 6. Any other activities necessary to allow the foster care or adoption to proceed; (E) The final decision concerning the granting of leave under this section rests with the chief administrative officer in the case of leave benefits from a Department ShareLeave Pool, and with the Statewide ShareLeave for Foster and Adoptive Placement and Care Committee in the case of leave benefits from the State ShareLeave Pool, and is based upon the degree to which the employee is responsible for providing care and attention in connection with the adoption or fostering of the child(ren); (F) Recipient employees are to exhaust all of their own applicable paid leave and compensatory time prior to using donated leave; (G) Donation of leave cannot be made for the benefit of specific individuals, but to the Department ShareLeave Pool. Donations may be transferable between different departments or agencies, with the agreement of the chief administrative officer of such departments or agencies. Such leave is deposited into the State ShareLeave Pool; (H) The chief administrative officer will establish a method for determining the eligibility of persons who apply for leave benefits from the Department ShareLeave Pool; (I) The Statewide ShareLeave for Foster and Adoptive Placement and Care Committee will meet as necessary to determine the eligibility of persons who apply for leave benefits from the State ShareLeave Pool; (J) All eligible recipients will receive an equitable share of leave from that available in the applicable donation pool; (K) The maximum benefit for any one (1) employee for any one (1) instance of eligibility cannot exceed the equivalent of four (4) months of regular salary; (L) An employee receiving donated leave will be credited with additional leave earnings during this period; and (M) All donations of eligible leave are voluntary. No employee may intimidate, threaten, or coerce any other employee with respect to donating or requesting leave under this program. Individual leave records are confidential, and no individual employees are to receive remuneration of any kind for leave donated. (4) Each appointing authority that adopts a program under section (3) of this rule will submit a formal written policy and updates to the director for review. AUTHORITY: section 105.271, RSMo 2016, and sections 36.060 and 36.070, RSMo Supp. 2018.* Original rule filed Oct. 31, 1996, effective May 30, 1996. Amended: Filed Sept. 15, 1999, effective April 30, 2000. Amended: Filed Jan. 9, 2019, effective Aug. 30, 2019. *Original authority: 36.060, RSMo 1945, amended 1971, 1979, 1993, 1995, 2010; 36.070, RSMo 1945, amended 1979, 1995; and 105.271, RSMo 1987, amended 1998.