Catastrophic Leave Sharing

Title:	Catastrophic Leave Sharing
Publication date:	8/6/2021
Effective date:	8/6/2021

BRIEF

Policy Summary

The Lawrence Berkeley National Laboratory (Berkeley Lab) Catastrophic Leave Sharing program enables employees to donate accrued vacation time to another employee to address catastrophic circumstances.

Who Should Read This Policy

This policy applies to eligible non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).

To Read the Full Policy, Go To:

POLICY tab on this wiki page

Contact Information

For more information, contact your division's Human Resources Center.
Feedback on HR policies or procedures is welcomed. Send comments to [email protected].

Title:	Catastrophic Leave Sharing
Publication date:	8/6/2021
Effective date:	8/6/2021

POLICY

A. Purpose

The Lawrence Berkeley National Laboratory (Berkeley Lab) Catastrophic Leave Sharing program enables employees to donate accrued vacation time to another employee to address catastrophic circumstances.

B. Persons Affected

This policy applies to eligible non-represented employees. Represented employees should consult their collective bargaining agreement (CBA).

C. Exceptions

Requests that exceed what is allowed under current policy or that are not expressly addressed by current policy are considered exceptions to policy. A request for an exception to policy requires, at a minimum, the approval of the Chief Human Resources Officer.

D. Policy Statement

General
1. The Berkeley Lab Catastrophic Leave Sharing program allows the voluntary donation of accrued vacation hours to create a bank of hours for use by employees facing hardship. The program provides continuation of salary and benefits for eligible employees who have exhausted all their accrued leave balances due to their catastrophic illness/injury, due to a family or household member's catastrophic illness/injury, or due to a catastrophic event.
2. The catastrophic illness, injury, or event must be verified. In addition, verification of a family member or other eligible person will be required in accordance with Berkeley Lab policy.
3. Participation is voluntary and applies only to the donation of vacation credit. Once given, vacation credit donation is irrevocable.
4. Misrepresenting reasons in applying for catastrophic leave may result in disciplinary action, including suspension without pay and/or termination from employment.
5. This policy is not subject to the Employee Complaint Resolution policy.
Recipient and Donor Eligibility
1. Recipient Eligibility. The recipient must:
  1. Be in a career or term position; and
  2. Be in good standing. Employees in good standing are not currently on a counseling memo or undergoing corrective or disciplinary action (see the Corrective Action and Discipline policy); and
  3. Have exhausted all sick and vacation leave (or have reduced their sick and vacation leave accruals to less than the minimum recordable increment), even when doing so results in exceeding the 30-day limit imposed on the use of sick leave for family illness; and
  4. Not presently be receiving disability benefits or workers' compensation payments; and
  5. Be on an approved leave of absence.
2. Donor Eligibility. The donor must:
  1. Be in a career or term position, and
  2. Have sufficient vacation leave to cover the donation.
Leave Donations
1. Leave donations are made on an hour-for-hour basis, regardless of differing pay scales.
2. Leave donations may not be donated prior to their accrual.
3. Leave donations are anonymous and made to a leave bank.
4. The donating employee may donate any available amount of vacation credit but is encouraged not to deplete their own vacation accrual below 40 hours.
5. Minimum Donation. The minimum donation of vacation leave is eight hours. Donations above this amount must be made in four-hour increments.
6. Maximum Credit
  1. The maximum number of donated hours that can be credited to the receiving employee from the leave bank is 160 hours in a calendar year.
  2. The maxium number of donated hours that can be credited to the receiving employee for bereavement leave must be in accordance with the Bereavement Leave policy.
7. Leave donations may be applied to the receiving employee's employee-paid disability waiting period up to the maximum of 160 hours.
Effect on Family and Medical Leave. Participation in the Catastrophic Leave Sharing program does not affect a recipient's right to Family and Medical Leave (FML) in accordance with the Family and Medical Leave policy. Time paid through the Catastrophic Leave Sharing program will be counted as FML as long as the employee meets the eligibility requirements and the leave has been designated as FML.
Tax Consequences. The employee receiving the donation will be responsible for any applicable taxes on the earnings. Donations are not tax deductible for the donor.

E. Roles and Responsibilities

Managers, supervisors, and employees have the responsibility to adhere to the provisions of this policy.

F. Definitions/Acronyms

Term	Definition
Catastrophic casualty loss	A serious financial loss is suffered by an employee due to a terrorist attack, fire, or other natural disaster, including severe damage or destruction of the employee's primary residence, regardless of whether it has been declared a major disaster or emergency by the President of the United States
Catastrophic event	A catastrophic event is defined as follows: 1. The death of a family or household member (see Bereavement Leave policy); or 2. A catastrophic casualty loss suffered due to a terrorist attack, fire, or natural disaster.
Catastrophic illness or injury	A catastrophic illness or injury is defined as a serious debilitating illness, injury, impairment, or physical or mental condition of the employee or the employee's family or household member which creates a financial hardship because the employee has exhausted all available leave credits and is not, or not yet, eligible for temporary disability benefits, requires an absence from work for a minimum of five business days, and that involves the following: 1. A period of illness or injury or treatment connected with inpatient care (e.g., an overnight stay) in a hospital, hospice, or residential medical care facility; or 2. A period of illness or injury requiring an absence of more than five business days from work, and that also involves continuing treatment by (or under the supervision of) a licensed health care provider; or 3. A period of illness or injury (or treatment) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or 4. A period of illness or injury that is long-term due to a condition for which treatment may be ineffective (e.g., stroke, terminal disease, etc.); or 5. An absence to receive multiple treatments (including any period of recovery therefrom) either for restorative surgery after an accident or other injury, or for a chronic condition, e.g., cancer or kidney disease.
Family member	Except for purposes of Family and Medical Leave, an employee's spouse, domestic partner, children (including children of the employee's domestic partner), parents, siblings, grandparents, and grandchildren. Step-relatives, in-laws, and relatives by adoption are included on the same basis as the above-listed blood relatives. If an employee was raised by persons other than biological parents, these individuals also are included in this category. Likewise, if an employee is raising a child who is not their biological child, that child is included in this category.

G. Recordkeeping Requirements

None

H. Implementing Documents

Additional information regarding Berkeley Lab's Catastrophic Leave Sharing program is available on the Integrated Disability & Absence Management Services website.

I. Contact Information