WHEREAS, by Executive Order 93-37,
I authorized the departments and agencies of the Executive Branch
of Missouri State Government to establish programs for their employees
to share annual leave with fellow `employees who need assistance
because of serious illness or injury; and
WHEREAS, that Executive Order provided
that recipient employees must have experienced a life threatening
or catastrophic personal illness or injury to be eligible for
donated annual leave; and
WHEREAS, certain departments and agencies
of the Executive Branch have indicated that it is also desirable
to allow employees to receive donated annual leave under these
programs in the event that their spouses or children experience
life threatening Or catastrophic illness or injury that necessitates
their absence from work;
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
rescind Executive Order 93-37 and issue the following Executive
Order in its place, which authorizes the departments and agencies
of the Executive Branch to adopt programs by which employees may
donate a portion of their accrued annual leave (vacation) benefits
to other employees who have experienced a personal illness or
injury which is life threatening, catastrophic, or resulting in
a potentially permanent disability. Departments are also authorized,
but not required, to allow donations of annual leave to employees
whose spouses or children have experienced such an illness or
injury. Leave sharing programs adopted under this Order will adhere
to the following terms and limitations:
1. 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 mya not be donated.
2. 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.
3. To be eligible for donated annual leave, recipient employees
must have experienced a personal illness or injury which is
life threatening, catastrophic, or resulting in a potentially
permanent disability.' Departments may also provide that employees
may be eligible for donated annual leave if they can demonstrate
that their absence from work is necessary because their spouse
or children have experienced such an illness or injury.
4. 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.
5. Employees eligible to recieve disability benefits from
the State of Missouri are not eligible for donated annual leave.
6. Donations shall not be made to individuals, but shall be
made to a departmental or agency "pool" established for this
7. Departmental policies will establish a method for determining
the eligibility of persons who apply for additional annual leave
benefits from the "pool."
8. All eligible applicants will receive an equitable share
of additional annual leave from that available in the donation
9. 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.
10. 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.
11. All donations 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 no individual
employees shall receive remuneration of any kind for leave donated.
12. Each appointing authority that adopts a program under
this order shall submit formal written procedures to the Personnel
Advisory Board for review.
13. This authorization for donated annual leave programs shall
automatically expire on June 30, 1996, or upon adoption of rules
serving the same purpose by the Personnel Advisory Board under
the authorization of Section 36.350 RSMo, whichever occurs first.
|| 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 28th day of
||[Mel Carnahan's signature]
[Judith K. Moriarty's signature]
SECRETARY OF STATE
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