W. Va. Code R. § 143-2-3

Current through Register Vol. XLI, No. 45, November 8, 2024
Section 143-2-3 - Eligibility
3.1. Recipient Eligibility. In order to be eligible to receive donations of annual leave, an employee must meet the following conditions:
a. The employee must have a medical emergency involving a medical condition of the employee or a member of the employee's immediate family;
b. In the case of a medical emergency involving a medical condition of the employee, the employee must have exhausted all sick leave and all annual leave as well as any other accrued paid leave to which the employee is entitled;
c. In the case of a medical emergency involving a medical condition of a member of the employee's immediate family, the employee must have exhausted all annual leave and the sick leave allowance for members of the employee's immediate family as provided in the Administrative Rule of the Division of Personnel, 143CSR1;
d. The medical condition of the employee or the member of the employee's immediate family must be verified in writing by a physician or medical practitioner as requiring the absence of the employee from work for at least one half a month continuously after the exhaustion of available leave as specified in sub-divisions 3.1.b. and 3.1.c. of this section. The Director of Personnel shall establish the criteria for the physician's or medical practitioner's verification;
e. The employee must apply to receive donated leave according to procedures established by the Director of Personnel. If, because of the nature of an employee's medical condition, the employee is unable to apply to receive donated leave, the application may be made by a member of the employee's immediate family or by the employee's appointing authority; and,
f. The employee must not be receiving or be eligible to receive compensation for his or her absence from work from the Workers' Compensation Fund, nor may the employee be receiving Social Security Disability benefits for his or her absence from work.
3.2. Donor Eligibility. In order to be eligible to make donations of annual leave, an employee must meet the following conditions:
a. The employee must have a remaining balance of 80 hours of accrued sick and/or annual leave after making the annual leave donation; and,
b. The employee must make the leave donation according to procedures established by the Director of Personnel.

W. Va. Code R. § 143-2-3