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Catastrophic Leave Donation Program Guidelines

I. Summary

This strictly voluntary program allows an eligible academic or staff employee (donor) to donate accrued vacation to another eligible academic or staff employee (recipient). The donated Catastrophic Leave supports the continuation of the recipient’s normal salary for a longer period of time than would otherwise be possible, thus easing the financial impact of the illness or injury. The Catastrophic Leave Donation Program for staff employees is managed by the Leave of Absence Team within Employee and Labor Relations. Academic employees should contact their Divisional Academic Personnel Coordinators for assistance with participation in the Catastrophic Leave Program.

II. Policy and Restrictions

1. The program is available on a campus-wide basis across all fund sources, divisions, and departments.
2. Catastrophic Leave, in combination with the recipient’s own paid leave accruals (which must be exhausted first), may be credited (in whole hours) incrementally to the receiving employee to a maximum of eight (8) weeks in a rolling twelve-month period, not to exceed the recipient’s appointed percent of time worked. This provision is subject to availability of donations, as well as the following criteria regarding eligibility limits being observed:
   1. Within a rolling calendar year, an eligible employee on a leave of absence may receive a maximum of up to eight (8) weeks of pay (up to 320 hours) via Catastrophic Leave at their appointed percent of time worked. The eight (8) week period will include the utilization of the employee’s own accruals that are earned while on pay status supported by Catastrophic Leave; such accruals shall be applied to pay status each pay period before Catastrophic Leave is applied.
   2. Within a rolling calendar year, an eligible employee whose health allows a partial or intermittent work schedule may receive the equivalent of up to eight (8) weeks of pay (up to 320 hours) via Catastrophic Leave at their appointed percent of time worked, provided that the employee’s own accruals are applied to pay status each pay period before Catastrophic Leave is utilized.
3. Only accrued vacation may be donated for use as Catastrophic Leave; neither sick leave nor compensatory time off may be donated.
4. Donations must be made in whole hour increments, four (4) hours minimum at any one time. Donations are irrevocable except that Catastrophic Leave that has not been applied to a specific pay period as of the recipient’s last date of need will be returned to the donor.
5. Donations may not drop the donor’s vacation accrual base below 40 hours.
6. Catastrophic leave donations will be processed on a first-received, first-applied basis, and will adjoin the recipient’s last hour on pay status supported by their own leave accruals. Catastrophic Leave is credited to the recipient on a pay period basis only. The recipient shall not return to work with an available Catastrophic Leave balance, unless the employee remains eligible to receive Catastrophic Leave to supplement a partial or intermittent work schedule.
7. The Catastrophic Leave bank for a designated recipient will be closed according to one of the following criteria:
   1. The return to work date listed by the doctor on the employee’s or family member’s verification of illness or injury;
   2. the end of the approved leave of absence;
   3. the recipient has received the allowed maximum of eight weeks (8) of Catastrophic Leave, not exceeding their appointed percent of time worked;
   4. if the recipient intends to initiate University disability benefits, the date as of which the Catastrophic Leave bank cannot maintain the recipient’s appointed percent of time worked; or
   5. when it appears that no further leave donations are forthcoming.
      
      The leave bank will also close upon the separation, medical separation, or death of the recipient; the death of the eligible family member for whom the recipient is providing care; or at any time upon request by the recipient.
   6. The leave bank will also close upon the separation, medical separation, or death of the recipient; the death of the eligible family member for whom the recipient is prividing care; or at any time upon request by the recipient.
8. The identity of the donor is confidential information and will not be made known to the recipient or anyone who does not have a need to know.
9. The University Conflict of Interest Code prohibits the receipt of any gift, including donated leave, which is offered, or may appear to be offered, because of the University position held by the recipient who may have authority to make or influence decisions regarding the employment of the donor. Therefore, donors are restricted from giving Catastrophic Leave to their immediate supervisors, unit heads, or anyone in a position to make or influence a decision regarding the donor’s employment (e.g., merit increase, performance evaluation, promotion, etc.).
10. Catastrophic Leave donations are not tax deductible for the donor.
11. Leave may not be donated from one campus to another.

III. Definitions

1. Catastrophic illness or injury- a serious non-work-related health condition which incapacitates the employee, or their eligible family member, and which creates a financial hardship because the employee has exhausted their sick and vacation leave, as well as compensatory time off (CTO) if employed in a non-exempt position. A catastrophic illness or injury is defined as a serious illness, injury, impairment, or physical or mental condition that is present for a minimum of five (5) or more workdays, and that involves:

   1. A period of incapacity or treatment connected with inpatient care (e.g., an overnight stay) in a hospital, hospice, or residential medical care facility; or

   2. A period of incapacity requiring absence of more than five (5) calendar days from work, and that also involves continuing treatment by (or under the supervision of) a licensed health care provider; or

   3. A period of incapacity (or for treatment) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or

   4. A period of incapacity that is long-term due to a condition for which treatment may be ineffective (e.g., stroke, terminal disease, etc.); or

   5. An absence to receive multiple treatments (including any period of recovery therefrom) either for restorative surgery after an accident or other injury, or for a chronic condition.

2. Recipient- a UCSC employee is eligible to be a recipient of donated Catastrophic Leave if they:

   1. are a staff or academic employee who is eligible to accrue and use vacation;

   2. are suffering from, or whose eligible family member is suffering from, a catastrophic illness or injury;

   3. has exhausted all accrued vacation and sick leave (and CTO if employed in a non-exempt position), or will do so before the return to work date;

   4. are on an approved leave of absence, OR is able to work, but their health care provider has prescribed multiple and/or on-going treatments for an eligible condition which will require periodic absences from work;

   5. are not presently receiving University disability benefits, or awaiting or awaiting Workers Compensation payments.

   6. Have applied to receive Workers Compensation benefits and their claim has been denied.

3. Donor- A UCSC employee who is eligible to accrue and use vacation may participate as a donor of Catastrophic Leave.

4. Eligible family member- an eligible family member includes the employee’s spouse, parent, child, sibling, grandparent, grandchild; in-laws and step-relatives in these relationships; and other persons residing in the employee’s household for whom there is a personal obligation.

IV. Responsibilities & Procedure

Eligible staff employees may request participation in the Catastrophic Leave Program if they have (or will) exhaust their available vacation, sick, and CTO (if applicable) and are on a leave of absence.  Employees should complete a Catastrophic Leave Recipient Application form, obtain their department's signature, and submit the completed form to the Leave of Absence Assistant within Staff Human Resources.  If the employee is unable to complete the form, the Leave Team may complete the form on their behalf.  Determination of eligibility and approval to participate in the Catastrophic Leave Program is made by the Leave of Absence team for staff employees.

Upon receipt of the Catastrophic Leave Recipient Application, the Leave of Absence Assistant will establish a Catastrophic Leave Bank and work with the employee to prepare a call for donations to the campus community.  All donations will be received into Staff Human Resources and the employees donations will be managed by the Leave of Absence Assistant while the employee is on a leave of absence and receiving donations.

If you are interested in donating to a colleague in need, please complete the Catastrophic Leave Donor form, obtain your department's signature, and submit the completed form to the Leave of Absence Assistant within Staff Human Resources.

V. Related Policies, Contract Articles and References

1. Personnel Policies for Staff Members (PPSM) – employees not covered by a collective bargaining agreement:
   • Absence from Work
2. Academic Personnel Manual 710; 730
3. UCOP Implementation Guidelines for Local Catastrophic Leave Sharing Programs; Delegation DA 2085, dated 6/12/97 (http://policy.ucop.edu/_files/da/da2085.html)
4. Accounting Manual P-196-13.IV, V
5. University of California Conflict of Interest Code (see http://audit.ucsc.edu for both Conflict of Interest Code and list of Designated Officials)