Most of us build up sick leave and vacation time expecting to use it for the usual reasons: an illness, an appointment, or some much-needed time away. But what happens when a serious illness, injury, or natural disaster keeps you away from work long enough to exhaust that leave?
Article 19.24 of the APC/CSU Collective Bargaining Agreement provides another option. The Catastrophic Leave Donation Program allows eligible CSU employees to receive donated leave from coworkers on the same campus when certain requirements are met.
The program covers an employee’s own catastrophic illness or injury, extended time needed to care for an incapacitated immediate family member, and qualifying circumstances involving a natural disaster or state of emergency. Each situation has specific eligibility requirements, including rules about when donated leave can be used and how much employees can donate.
What Is the Catastrophic Leave Donation Program?
The Catastrophic Leave Donation Program allows CSU employees who earn vacation or sick leave to voluntarily donate eligible leave credits to another CSU employee on the same campus who qualifies for the program.
For an employee experiencing their own catastrophic illness or injury, all accrued sick leave, vacation, and Compensatory Time Off (CTO) must first be exhausted. Article 19.24 defines a catastrophic illness or injury as one that totally incapacitates the employee from work.
Participation in the program must be requested by the employee, their representative, or a family member. Appropriate verification is also required, and the campus president determines whether the employee is eligible to receive donated leave.
When You’re Caring for an Immediate Family Member
The program can also provide donated leave when an employee needs extended time away from work to care for an incapacitated immediate family member.
To qualify, the employee must first use all of their vacation and any sick leave they are allowed to use for family care under the contract. In this situation, only donated vacation time can be used.
Who qualifies as an immediate family member is based on the definition used for sick leave in the collective bargaining agreement for the employee’s respective union.
Natural Disasters and States of Emergency
The Catastrophic Leave Donation Program isn’t limited to medical emergencies. It can also apply when an employee is unable to work because a natural disaster has affected their principal residence.
To qualify, the employee must live in a county where the governor has declared a state of emergency and must have exhausted their vacation, sick leave, personal holiday, and CTO credits.
The employee or their representative must request participation and provide the verification required by the campus. The campus president then determines whether the employee is eligible to receive donated leave.
How Donating Leave Works
CSU employees may voluntarily donate vacation or sick leave to an eligible employee on the same campus. Employees can donate up to 40 hours per fiscal year, in increments of one hour or more.
Donations are irrevocable, and only vacation and sick leave may be donated through the program. As noted earlier, when catastrophic leave is being used to care for an incapacitated immediate family member, only donated vacation time may be used.
APC can also ask bargaining unit employees to donate leave when an eligible coworker needs it.
An Important Protection for People Who Donate
Pledging leave does not mean those hours are immediately removed from your balance. The leave is transferred at the end of the pay period, beginning with the leave that was pledged first.
If the recipient doesn’t need all the leave that coworkers have pledged, the most recently pledged hours that aren’t needed are never transferred from those employees.
In other words, you won’t lose leave simply because you offered to donate it. The hours are only taken from your balance if the recipient can actually use them.
How Much Catastrophic Leave Can Someone Receive?
The purpose of donated leave is to help an eligible employee continue receiving their regular monthly pay while they are unable to work. If the employee is receiving certain disability benefits, donated leave can also be used to help make up the difference between those benefits and their regular compensation.
Generally, an employee can receive enough donated leave to cover up to three calendar months. In exceptional circumstances, the campus president may approve up to three additional months.
There are a couple of limits to keep in mind. If an employee’s appointment has not been renewed, donated leave cannot continue beyond the existing end date of that appointment. Donated leave also cannot be used to earn additional service credit toward a service or disability retirement.
APC’s Role
The Catastrophic Leave Donation Program is a benefit established in Article 19.24 of the APC/CSU Collective Bargaining Agreement. APC can help members understand how the benefit works, assist them through the process, and ask bargaining unit employees for leave donations when an eligible employee needs them.
The contract also provides a way to address disputes over how the Catastrophic Leave Donation Program is applied through the grievance process.
Benefits like this are one reason it’s important to know what’s included in your contract. You may not think about catastrophic leave until you or a coworker suddenly needs it, but this benefit is already there to help when that time comes.
What This Means for You
The best time to learn about the Catastrophic Leave Donation Program is before you need it. If you believe you may qualify, you can start by contacting either your campus HR/Benefits office or your APC steward, although the formal request must ultimately go through the campus.
Your APC steward can help you understand your rights under the contract and work through the process with you. When possible, contact HR/Benefits before you exhaust your paid leave and copy your steward. Ask HR for the appropriate campus form, what verification you’ll need, and how leave donations are handled on your campus.
If you want to donate leave to help a coworker, there is a formal process for doing that as well. How requests for donations are shared varies by campus. HR commonly sends the request on behalf of the employee, but the process may be different at your campus.