NO. 93-37
WHEREAS, anyone may experience a personal illness or injury which is life threatening, catastrophic, or resulting in a potentially permanent disability; and
WHEREAS, many State employees desire to help their fellow employees who are in need of assistance due to such illness or injury; and
WHEREAS, it is in the best interest of the services and programs of State agencies to encourage teamwork and feelings of mutual concern among state employees;
NOW, THEREFORE, I, Mel Carnahan, Governor of the State of Missouri, by virtue of the authority vested in me by the Constitution and laws of the State of Missouri, do hereby order that the departments and agencies of the Executive Branch of Missouri State Government are authorized to adopt programs by which employees may donate a portion of their accrued annual leave (vacation) benefits to other employees who have suffered serious illness or injury; and
IT IS FURTHER ORDERED that leave sharing programs adopted under this order will adhere to the following terms and limitations:
- Only
annual
leave
as
defined
by
Section
1
CSR
20-5,020(1)
of
the
Personnel
Rules
of
the
Personnel
Advisory
Board
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,
Compensatory
time
which
has
been
accrued
as
compensation
for
overtime
work
and
is
subject
to
regulation
under
the
federal
Fair
Labor
Standards
Act
may
not
be
donated.
- Employees
who
are
employed
in
positions
of
permanent
or
continuing
nature
and
who
have
completed
their
initial
probationary
periods
are
eligible
to
be
donors
or
recipients.
Temporary
employees
are
not
eligible.
- Recipient
employees
must
have
experienced
a
personal
illness
or
injury
which
is
life
threatening,
catastrophic,
or
resulting
in
a
potentially
permanent
disability
to
be
eligible
for
donated
annual
leave.
- 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
annual
leave.
- Employees
eligible
to
receive
disability
benefits
from
the
State
of
Missouri
are
not
eligible
for
donated
annual
leave.
- Donations
shall
not
be
made
from
individual
but
shall
be
made
to
a
departmental
or
agency
"pool"
established
for
this
purpose.
- Departmental
policies
will
establish
a
method
for
determining
the
eligibility
of
persons
who
apply
for
additional
annual
leave
benefits
from
the
"pool."
- All
eligible
applicants
will
receive
an
equitable
share
of
additional
annual
leave
from
that
available
in
the
donation
"pool."
- The
maximum
benefit
which
can
be
authorized
for
any
one
employee
for
any
one
instance
of
eligibility
shall
not
exceed
the
equivalent
of
six
months
of
regular
salary.
- An
employee
receiving
donated
annual
leave
shall
not
be
credited
with
additional
leave
earnings
during
this
period
since
these
will
be
earned
by
the
employee
who
donated
the
leave.
- All
donnations
of
annual
leave
shall
be
voluntary.
No
employee
may
intimidate,
threaten,
or
coerce
any
other
employee
with
respect
to
donating
or
receiving
annual
leave
under
this
program.
Individual
leave
records
are
confidential
and
only
individual
employees
may
reveal
their
donation
or
receipt
of
leave.
No
employee
shall
receive
remuneration
of
any
kind
for
leave
donated.
- Each
appointing
authority
that
adopts
a
program
under
this
order
shall
submit
formal
written
procedures
to
the
Personnel
Advisory
Board
for
review.
- This authorization for donated annual leave programs shall automatically expire on June, 30, 1995 or, if earlier, upon adoption of rules serving the same purpose by the Personnel Advisory Board under the authorization of Section 36.350 RSMo.
| IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Missouri, in the City of Jefferson, on this 16th day of September, 1993. |
| [Mel Carnahan's signature] | GOVERNOR |
ATTEST:
[Judith K. Moriarty's signature]
SECRETARY OF STATE