Borrowed Leave

PURPOSE: This rule provides for borrowed leave use and availability in response to Coronavirus Disease 2019 (COVID-19). (1) Scope. This rule establishes the availability and eligibility requirements of borrowed leave within state agencies subject to section 36.350, RSMo, notwithstanding any other rule in this chapter to the contrary. The board expects that section (2) of this rule will be rescinded when the availability of borrowed leave in response to the COVID-19 pandemic is no longer necessary. (2) Borrowed Leave. (A) State agencies may permit employees who have exhausted their sick leave balance to borrow against future sick leave accruals in circumstances caused directly or indirectly by COVID-19 as specified in this rule. (B) Borrowed leave may be approved by state agencies in accordance with a written interagency memorandum issued by the Commissioner of the Office of Administration. The board does not anticipate that this memorandum will substantially affect the legal rights of, or procedures available to, the public or any segment thereof, because it only impacts the internal management of state agencies. In response to the exigencies created by the COVID-19 pandemic, the memorandum may describe any of the following: 1. The circumstances in which borrowed leave may be approved; 2. The amount of borrowed leave available, which may vary by circumstance; 3. Documentation requirements applicable to borrowed leave, which may vary by circumstance; 4. Additional requirements applicable upon taking threshold amounts of borrowed leave; 5. The procedure by which borrowed leave will be repaid while the employee remains in state service; 6. The establishment of ShareLeave programs by which eligible employees may donate leave hours to assist recipient employees in the repayment of borrowed leave; and 7. Any other procedures or requirements incident to the administration of leave as the commissioner believes to be appropriate and necessary to address the emergency created by the COVID-19 pandemic. (3) Repayment of Borrowed Leave. Employees approved to borrow against future sick leave accruals must repay the borrowed leave in full. In addition to repaying borrowed leave with sick leave, the interagency memorandum may specify that other accumulated time may be used by employees and, in the event of separation must be used, to repay borrowed leave. In the event an employee separates from state service prior to full repayment of borrowed leave, the remaining balance will be deducted from the employee’s compensation warrants in accordance with subdivision (4) of subsection 2 of section 33.103, RSMo, and guidelines established pursuant thereto. To the extent the employee’s compensation warrants are insufficient to fully repay their borrowed leave balance, collection of the remaining balance is authorized. AUTHORITY: section 36.350, RSMo 2016, and sections 36.060 and 36.070, RSMo Supp. 2019.* Emergency rule filed April 16, 2020, effective April 30, 2020, expired Oct. 30, 2020. Original rule filed April 16, 2020, effective Oct. 30, 2020. *Original authority: 36.060, RSMo 1945, amended 1971, 1979, 1993, 1995, 2010, 2018; 36.070, RSMo 1945, amended 1979, 1995, 2018; and 36.350, RSMo 1945, amended 1979.