Section 1318A - Donated leave program(a) For purposes of this section: (1) "Catastrophic illness" means any illness or injury to an employee or an employee's family member which is diagnosed by a physician and certified by the physician as rendering the employee or employee's family member unable to work, or, in the case of a family member who does not work, the medical equivalent of "unable to work", for a period greater than 5 calendar weeks. Separate periods of disability lasting 7 consecutive work days or more each, and totaling more than 5 calendar weeks, resulting from the same or a related illness or injury and occurring within any 12-month consecutive period, are considered the same period of disability.(2) "Child" means an immediate descendant by blood or adoption and of any age.(3) "Donated leave program" means a program that meets all of the following: a. Is one in which 1 or more employees of a public school district may transfer accrued, unused sick leave days to 1 or more other employees of the same public school district.b. Is established by the public school district as a local Board of Education policy or pursuant to the terms of a collective bargaining agreement negotiated under the terms of Chapter 40 of this title.c. Is consistent with the provisions set forth in subsection (b) of this section. (4) "Family member" means an employee's spouse, child, or parent who resides with the employee and who requires the personal attendance of the employee during the spouse's, child's, or parent's catastrophic illness.(b)Any donated leave program must comply with all of the following requirements: (1) Employees wishing to donate accrued sick leave must donate in increments of whole days. (2) Donated days are available only for recipients within the public school district for a catastrophic illness of a recipient or a recipient's family member. a. Donated leave may be used by the recipient for subsequent absence because of personal medical treatments or personal illness directly related to the recipient's catastrophic illness as certified by the physician.b. Paragraph (b)(2)a. of this section is limited to an absence that occurs because of a recipient's catastrophic illness not a family member's catastrophic illness.(3) The local school district shall convert the donated leave available for use by a recipient into cash value at the donor's rate of pay, shall re-convert the cash value to hours of leave at the recipient's rate of pay, and shall then credit the recipient's account.(4) The recipient of the donated leave shall have been an employee with the local school district for at least 6 months before that employee is eligible for donated leave time.(5)a. Except as provided in paragraph (b)(5)b. of this section, when the donated leave is for the catastrophic illness of a recipient, the recipient must have used all of the recipient's own sick days and personal days and half of the recipient's annual leave, where applicable. Except as provided in paragraph(b)(5)b. of this section, when the donated leave is for the catastrophic illness of a family member, the recipient must have used all of the recipient's own sick days, personal days, and annual leave.b. If a recipient is not eligible for annual leave, the recipient must have used all of the recipient's personal days and all but 3 of the recipient's sick days.(6) The recipient shall have established medical justification for such receipt, which must be renewed every 30 days during any absence. (7) No potential donor nor any other person shall sell any accrued leave which might otherwise be donated under this section.(8) The liability of the State under this program shall be limited to paying the state share of salary, benefits and other employment costs paid to employees for sick leave properly utilized pursuant to a donated leave program established pursuant to and in compliance with this section and § 4002 of Title 14, if applicable.(9) Any recipient of this program is subject to a 1-work-year cap with the number of days equal to 188 days for a 10-month employee; 207 days for 11-month employees; and 222 days for a 12-month employee.(10) If a long-term disability program is available to employees, a period of disability defined herein shall be limited to the waiting or elimination period defined in the policy.(11) Not prohibit participation by employees based on inclusion in or exclusion from a certified bargaining unit.(c) The Department of Education is authorized to operate a donated leave program. Such donated leave program shall conform, to the extent practicable, to the provisions of § 5956 of Title 29.(d) Donated leave received by an employee of a public school district under this section is to run concurrently with any leave available under the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.Amended by Laws 2023, ch. 277,s 1, eff. 6/25/2024. 71 Del. Laws, c. 136, § 2; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 354, § 390; 72 Del. Laws, c. 294, § 44; 72 Del. Laws, c. 395, § 353; 72 Del. Laws, c. 440, §§ 1 - 5; 73 Del. Laws, c. 74, § 347; 73 Del. Laws, c. 312, § 259; 73 Del. Laws, c. 321, § 15; 74 Del. Laws, c. 68, § 269; 74 Del. Laws, c. 307, § 308(b); 74 Del. Laws, c. 402, §§ 1 - 3; 75 Del. Laws, c. 89, § 342.;Section 4 of the 2024 amending legislation provides that this Act may be cited as the "Christopher Chujoy Act".