Staff HR Policy D-720.02
Institutional Effectiveness Criterion: Culture

Sick Leave Donation

Northwestern Michigan College recognizes that unforeseen circumstances may sometimes lead to extended employee absences. To support our employees during such challenging times, the college has established a Sick Leave Donation Policy, allowing eligible employees to voluntarily donate accrued sick leave to an eligible recipient employee’s sick bank. Sick leave donation is available under the IRS Revenue Ruling 90-29, which states a medical condition of the employee or a family member that will require the prolonged absence of the employee from duty and will result in a substantial loss of income to the employee because the employee will have exhausted all paid leave available apart from the leave donation program.

Donating Sick Leave 

An employee is eligible to voluntarily donate sick leave if they meet the following conditions.

1. Maximum Donation: Employees can donate a total of 40 hours per year, from the first time they donate (rolling year).
2. Increment: Donations must be made in full hour increments only, and will be made for no more than 40 hours at one time.
3. Balance Limit: A donating employee may not donate more than 50% of their current sick leave balance and must maintain at least 72 hours in the sick bank.
4. Anonymity: All requests for donations and the donations themselves will remain anonymous to the extent practicable and donors will not be able to specifically direct who will be the recipient of the donated leave. The need for a donation will be shared via email from Human Resources.
5. Irrevocable: Once the donation transaction has occurred it cannot be reversed by the donor, but will be returned if not used by the recipient.
6. Employee donations will be accepted in the order they were sent to HR, with a rotation scheduled so the same person is not donating every time.
7. Staff covered under the SEIU Collective Bargaining Agreement are not eligible to participate.
8. Faculty covered under the Faculty Association Collective Bargaining Agreement are not eligible to participate, as this needs to be addressed in the Collective Bargaining Agreement.

Receiving Donated Sick Leave 

An employee is eligible to receive donated sick leave under the following conditions. 

1. Maximum Receipt: The maximum limit of leave time an employee can receive under this section is 480 hours in one year from the date of the first donation (rolling year).
2. All accrued sick and vacation banks must be at a zero balance prior to receiving any donated time.
3. When used, donated sick leave is paid out to the recipient at the recipient’s regular rate of pay.
4. Benefit Premiums: As with any other paid leave, during the use of donated sick leave, any portion of benefit premiums typically paid by the employee will remain the responsibility of the recipient to ensure continuation of coverage.
5. FMLA Concurrency: The use of donated sick leave time runs concurrently with any Family and Medical Leave Act (FMLA) time. This policy does not create greater leave time for employees than already exists by College policy, contract, or law (e.g., it does not create 24 weeks of potential FMLA leave). The absence must be FMLA certified.
6. No Cash Conversion: A recipient of donated sick leave may not convert the donated leave received under the program into cash in lieu of using the leave.
7. Staff covered under the SEIU Collective Bargaining Agreement are not eligible to participate.
8. Faculty covered under the Faculty Association Collective Bargaining are not eligible to participate, as this needs to be addressed in the Collective Bargaining Agreement.

HR Process for requesting leave

• All requests must be submitted to HR in writing specifying the need.
• HR will review the request to determine eligibility and provide FMLA certification paperwork.
• HR will call for donations through an email to all employees who earn sick time once a need has been identified (anonymously). The donor that first responds will be accepted with a built-in rotation so the same person is not donating every time. Once the need is met, the call for donations will be closed.
• The donations will go to one specific person’s sick bank in increments no larger than 40 hours. If additional time is needed beyond the first 40 hours, HR will go back to the list of donors and rotate or call for a new donation if necessary.
• HR will make adjustments in the college’s time off reporting system to both the donor and recipient leave banks to reflect the donation.
• HR will track maximum donations given and used by the recipient, to ensure adherence to policy guidelines.

The decision whether to donate accrued sick leave is purely voluntary. NMC will not retaliate or take adverse employment action against any employee for a decision not to donate their accrued sick leave. 

The Associate Vice President of Human Resources, in conjunction with the appropriate faculty and staff, is responsible for the development and publication of any procedures or guidelines that may be necessary to administer this policy effectively.

If any provision(s) of this policy or set of bylaws conflicts with laws applicable to Northwestern Michigan College, including the Community College Act of 1966, the Freedom of Information Act, or the Open Meetings Act, as each may be amended from time to time, such laws shall control and supersede such provision(s).