PURPOSE: This rule prescribes guidelines and standards regarding donated leave programs under the authorization of section 36.350, RSMo. These guidelines and standards shall provide a framework to agencies for the establishment of their ShareLeave programs.

1. (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:

   1. (A) As used in this rule, unless the context clearly indicates otherwise, the following terms shall mean:

      1. 1. ShareLeave means a pool of leave

hours donated by eligible employees that may be conveyed to other eligible employees;

1. 2. A catastrophic illness or injury is one

which is life threatening, terminal or likely to result in a substantial permanent disability; and

1. 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.

1. (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 their original probationary period. 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 their original probationary period or six (6) months of successful performance;
2. (C) Annual leave as defined by 1 CSR 20- 5.020(1) may be donated between employees. 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 between employees. Sick leave benefits, which are a grant from the employer and in no sense the property of individuals, may not be donated;
3. (D) To be eligible for donated leave, recipient employees must have experienced a catastrophic illness or injury. Depart ments 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 shall rest with the department;
4. (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;
5. (F) Employees eligible to receive disability benefits from the state of Missouri are not eligible for donated leave;
6. (G) Donations shall not be made to individuals, but shall be made to a departmental or agency “pool” established for this purpose;
7. (H) Appointing authority will establish a method for determining the eligibility of persons who apply for leave benefits from the “pool”;
8. (I) All eligible applicants will receive an equitable share of leave from that available in the donation “pool”;
9. (J) The maximum benefit which can be authorized for any one (1) employee for any one (1) instance of eligibility shall not exceed the equivalent of four (4) months of regular salary;
10. (K) An employee receiving donated leave shall be credited with additional leave earnings during this period; and
11. (L) All donations of eligible leave shall be 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 shall receive remuneration of any kind for leave donated.

1. (2) Each appointing authority that adopts a program under this program shall submit a formal written policy and updates to the Personnel Advisory Board for review.

AUTHORITY: sections 36.060 and 36.070, RSMo Supp. 1998.* Original rule filed Oct. 31, 1996, effective May 30, 1996. Amended: Filed Sept. 15, 1999, effective April 30, 2000. *Original authority: 36.060, RSMo 1945, amended 1971, 1979, 1993, 1995 and 36.070, RSMo 1945, amended 1979, 1995.