R477-7-19. Leave Bank

  With the approval of the agency head, agencies may establish a leave bank program.

  (1) A leave bank program shall include a policy with the following:

  (a) Access to a leave bank is not an employee right and shall be authorized at management discretion.

  (b) Any application for a leave bank program shall be supported by administratively acceptable medical documentation.

  (c) An approval process that prohibits leave donors, supervisors, managers or management teams from reviewing any employee's medical certifications or physician statements.

  (d) An employee may not receive donated leave until all individually accrued leave is exhausted.

  (e) Leave shall be accrued if an employee is on sick leave donated from an approved leave bank program.

  (f) Employees using donated leave may not work a second job without written consent of the agency head.

  (g) Only compensatory time earned by an FLSA nonexempt employee, annual leave, excess hours, and converted sick leave hours may be donated to a leave bank.

  (h) Only employees of agencies with approved leave bank programs may donate leave hours to another agency with a leave bank program, if mutually agreed on by both agencies.

  (2) All medical records created for the purpose of a leave bank, shall be maintained in accordance with confidentiality requirements of Subsection R477-2-5.