NDAC 4-07-37-03
Administration of statewide leave sharing program
Cite as N.D. Admin. Code § 4-07-37-03
1.
The human resource management services division of the office of management and budget
shall administer a state leave sharing program for regular and probationary state employees.
The program provides a mechanism for eligible employees to donate accrued annual and sick
leave to an eligible employee who does not have available leave who is suffering from a
severe, extreme, or life-threatening illness, injury, impairment, or physical or mental condition.
State employees also may donate accrued annual leave to another eligible employee who
does not have available leave and who is caring for an eligible family member who is suffering
from a severe, extreme, or life-threatening illness, injury, impairment, or physical or mental
condition.
2.
The human resource management services division shall approve or disapprove each request
for donated leave after consultation with the requesting eligible employee's agency
administrator. The division shall track the amount of leave taken by eligible employees under
the program.
3.
All forms of leave available for use by the recipient must be used before using shared leave.
Donated leave must be credited to the eligible employee in increments that may not exceed
one month. An eligible employee may not use more than four months donated leave in any
twelve-month period, and an eligible employee may not retain leave beyond the occurrence
necessitating the leave. Leave that has been donated but remains unused beyond the
qualifying occurrence must be returned to the donating employee.
4.
All donated leave must be given voluntarily. An eligible employee may not donate more than
five percent of the eligible employee's accrued sick leave hours per month. An eligible
employee's donation of annual leave may not reduce the employee's annual leave balance to
less than forty hours.
5.
An eligible employee may request and use donated annual leave or sick leave for the purpose
of donating an organ or bone marrow.
6.
An employee who has received a documented verbal or written warning for inappropriate use
of annual or sick leave is not eligible to receive donated leave without specific approval from
the director of the human resource management services division.