Rutgers
University
Administrative
Assembly

Salary, Compensation
and Benefits
Committee


C O N T E N T S

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    Committee Charge, 1999-2000

    The committee is to look into the following:

    1. Continued investigation of the plausability of a plan for "transfer of sick leave"(see below)
    2. Implementatioin of the NJ Transit Business pass program for RU employees.

    New Salary & Compensation Committee Proposal:
    (please read!)

    Sick Leave Transfer Fund

    PURPOSE:

    This policy would allow full time Rutgers' employees to transfer a portion of the unused balance of accrued sick days to other employees who because of a medical condition that is likely to require the employee to be absent from work for a prolonged period of time and would result in substantial loss of income because of unavailability of paid sick time. The absence from work without available sick time must be at least 10 working days. This is the only substantial factor which may be considered in determining a substantial loss of income.

    DEFINITION:

    1. Leave donor - An employee who voluntarily requests that sick leave from his/her account be credited to the account of another employee who needs leave because of a serious medical condition.
    2. Leave Recipient - A full-time or permanent part-time employee who has worked a minimum of 1,000 hours requiring sick leave because of a medical condition and who has received approval by Rutgers The State University of New Jersey to receive donations for sick time.
    3. Transfer Fund Committee: - A body consisting of Assembly Members who are trained and are knowledgeable of the criteria governing current State and Federal Leave requirements and University Policies and Procedures governing such leave(s).

    WHO MAY APPLY TO BE A LEAVE RECIPIENT

    A current employee who has been affected by a medical condition as defined above may apply to be the leave recipient. Sick leave transferred to an approved recipient's account may be used for a current period of leave without pay, or it may be retroactively substituted for periods of leave without pay if they are related to the medical condition. Applications must be submitted in writing for review to the "Transfer Fund Committee" within 60 days before the end of the illness.

    In all cases, the leave recipient must exhaust all accrued sick leave to his/her credit before donated leave may be used initially. Normally, an employee will be expected to pursue all available alternatives before requesting transfer of sick time. Leave without pay may be appropriate when an employee's disability does not warrant a transfer of leave.

    GUIDELINES FOR APPROVAL OF TRANSFER OF LEAVE

    The following factors will be considered in making a final determination.

    • The medical condition must be of a serious nature. supporting documentation (medical certification) must be submitted.
    • The employee has made every effort to plan for unforeseen medical conditions by prudent use of leave.
    • The employee has not been issued a warning, etc. in past year for a sick leave abuse problem. Exceptions may be considered because of compelling circumstances.
    • Employees who are in the process of their 90 day probationary period or who have not worked for a minimum of 1,000 hours will be excluded from consideration.

    LEAVE DONATIONS

    Only leave that is currently accrued may be donated. There is no required minimum amount of leave that each donor must transfer, but because of the time it takes to transfer leave, donations of eight (8) hours or more will be processed first in order to minimized any hardship to the recipient. There is no limit to the amount of amount of transferred sick time that a recipient may receive, but unused leave at the end of the illness must be liquidated (i.e. returned to the fund).

    A sick leave donor may donate no more than a total of one-half of the amount of accrued sick time he/she has accumulated.

    PROCEDURES

    The employee must submit a Leave Transfer Request to his/her supervisor for approval of the absence. The supervisor will approve or disapprove the absence in accordance with set procedures and guidelines. If the absence is approved, the employee submits the Leave Transfer Request Form to the appropriate office of Personnel . The request will be forwarded to the Trnsfer Fund Committee for consideration. The determination of the request should be made within 10 working days.

    A copy of the employee's updated absence record card and the appropriate medical certification must be attached to the request. The certification must specify the nature of the illness, treatment and estimation of duration. (Can be obtained from the U.S. Department of Labor Certification of Health Care Provider Form which is required for FFMLA).

    If the employee is unable to make the request personally, another Rutgers employee may do so on his/her behalf. If the employee is physically or mentally incapable of making the request, the supervisor should attempt to obtain the consent from a close relative. A supervisor should avoid any appearance of soliciting leave from subordinates for transfer.

    Leave donors will submit a completed Leave Donor's Certification and a copy of his/her updated absence record to the recipients office of personnel for action.

    Upon receipt of the information, the donated leave will be subtracted from the donor(s) sick leave balance on his/her absence record card with a notation.

    During the course of the illness leave, a recipient may wish to maintain his/her privacy. All personnel involved in a leave transfer should make every effort to be as discreet as possible.

    UNIVERSITY - WIDE ANNOUNCEMENT

    As needed, the appropriate office of Personnel will issue an announcement requesting leave donations for approved leave recipients. The announcement will be distributed throughout the University. If the recipient prefers not to be named, the recipient's situation will be described and given a number for identification purposes. Instructions for donating leave will be included on the announcement.

    TERMINATION OF LEAVE TRANSFERS

    The use of transferred leave by a leave recipient shall terminate when one of the following occurs:

    1. The leave recipient's employment is terminated
    2. At the end of the bi-weekly pay period in which the leave recipient's recovery period has ended.
    3. At the end of the bi-weekly period in which the leave recipient's department has received written medical certification stating that the recipient's medical condition no longer warrants his/her absence from work.
    4. At the end of the bi-weekly period in which the leave recipient's department has been notified that his/her application for disability retirement is approved.

    RETURN OF UNUSED LEAVE TO DONOR

    The Personnel Office will advise the donor when the medical leave has ended and transferred leave can no longer be used. Unused donated leave will be returned to the account(s) of all donors who are active University employees. In no case shall the amount of sick leave returned to the donor exceed the amount that he/she transferred to the leave recipient.

    At the election of the leave donor, unused transferred sick time which is to be restored can be donated to another leave recipient.

    LEAVE ACCRUAL

    While using transferred leave, the recipient continues to earn sick leave at the rate of 1.25 days per month for use after the medical leave has ended. Employees who are less that 100% will accrue proportioned time based on his/her terms of employment. (When the maximum accrued leave is reached, leave accrual ceases until the medical leave no longer affects the employee).

    BENEFITS

    A leave recipient receives the same benefits such as health, drug, dental, life insurance and pension contributions as of the employee were using his/her own sick leave.

    Under no circumstances may any employee directly and indirectly intimidate, threaten, coerce, or attempt to intimidate, threaten or coerce, any other employee for the purpose of interfering with any right such employee may have with respect to donating, receiving or using sick time.

    A recipient may not donate transferred leave to another recipient.

    Unused transferred sick time may not be the basis of a lump-sum payment.

    As with abuse of any leave, misrepresentation by an employee in order to qualify for the leave transfer program may lead to disciplinary action.


    Committee Membership

    Rosemarie Kulp , Chair

    Carol Bradley

    Alice Caron

    Anneliese Grasemann

    Doug Reichert

    Marcia Thompson

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    Page last modified on March 7, 2000