(1) A leave bank program shall include an agency policy with the following provisions.
- (a) A statement that access to the leave bank is not an employee right and shall be authorized at management's discretion.
- (b) A requirement that any application for leave from the leave bank be supported by administratively acceptable medical documentation.
- (c) A provision prohibiting leave donors, supervisors, managers, or management teams from reviewing any employee's medical certifications or physician statements.
- (d) A requirement that an employee may not receive donated leave until any individually accrued leave is exhausted.
- (e) A statement that leave is accrued if an employee receives sick leave donated from an approved leave bank program.
- (f) A requirement that employees using donated leave request and receive written consent from the agency head to work a second job.
- (g) A statement that only compensatory time earned by an FLSA non-exempt employee, annual leave, and converted sick leave hours may be donated to a leave bank.
- (h) A statement that only employees of agencies with approved leave bank programs may donate leave hours to another agency with a leave bank program and only if both agencies agree to allow the donation.
- (2) Any medical records created for leave bank program purposes are subject to the confidentiality requirements of Section R477-2-5.
An agency head may approve the establishment of a leave bank program.
KEY: holidays, leave benefits, vacations
Date of Last Change: January 21, 2026
Notice of Continuation: March 9, 2022
Authorizing, and Implemented or Interpreted Law: 34-43-103; 39-3-1; 63G-1-301; 63A-17-106; 63A-17-504; 63A-17-505; 71A-8-102(3)