25 NCAC 01E .1302. POLICY

(a)  In cases of a prolonged medical condition an employee may apply for or be nominated to become a recipient of leave transferred from the vacation leave account of another employee, from the sick leave or vacation account of an immediate family member as defined in Rule .0317 of this Subchapter or from the sick leave account of a non-family member as provided in Rule .1305 of this Section.  For purposes of this Rule, prolonged medical condition means medical condition that is likely to require an employee's absence from duty for a period of at least 20 consecutive workdays.  If an employee has had previous random absences for the same condition that has caused excessive absences, or if the employee has had a previous, but different, prolonged medical condition within the last 12 months, the agency may make an exception to the 20 day period.

(b)  An employee who receives benefits from the Disability Income Plan of North Carolina (DIPNC) is not eligible to participate in the shared leave program.  Shared leave, however, may be used during the required waiting period and following the waiting period provided DIPNC benefits have not begun.

(c)  Participation in this program shall be limited to 1,040 hours, (prorated for part-time employees), either continuously or, if for the same condition, on a recurring basis.  However, management may grant employees continuation in the program, month by month, for a maximum of 2,080 hours, if management would have otherwise granted leave without pay.

(d)  An employee on workers' compensation leave who is drawing temporary total disability compensation may be eligible to participate in this program.  Use of donated leave under the workers' compensation program shall be limited to use with the supplemental leave schedule as described in 25 NCAC 01E .0707.

(e)  The employee shall exhaust all available leave before using donated leave.

(f)  Non-qualifying conditions:  This leave does not apply to short-term or sporadic conditions or illnesses that are common, expected or anticipated.  This includes such things as sporadic, short-term recurrences of chronic allergies or conditions; short-term absences due to contagious diseases; or short-term, recurring medical or therapeutic treatments.  These examples are illustrative, not all inclusive.  Each case must be examined and decided based on its conformity to the intent of this Rule and must be applied consistently and equitably.

 

History Note:        Authority G.S. 126-4;

Eff. May 1, 1990;

Amended Eff. February 1, 2011; October 1, 2004, July 1, 1995; September 1, 1992.