W. Va. Code R. § 143-2-5

Current through Register Vol. XLI, No. 45, November 8, 2024
Section 143-2-5 - Method of Donations and Use of Donated Leave

All donations of annual leave and the use of donated leave is governed by the following criteria as well as procedures established by the Director of Personnel in conformance with these criteria.

5.1. Method of Donations
a. Donations shall be in the form of whole hours of annual leave only.
b. Donors shall specifically designate the recipient(s) of the leave donation.
c. The appointing authority shall deduct the total donation from the annual leave balance of the donor upon receipt of the donation form specified by the Director of Personnel.
d. The appointing authority of the donor shall calculate the dollar value of the donated leave and, in the case of inter-agency donations, shall transmit that information to the appointing authority of the recipient according to procedures established by the Director of Personnel.
e. For inter-agency donations, the appointing authority of the donor shall reimburse the account from which the recipient was paid according to procedures established by the Director of Personnel.
f. An appointing authority of a potential donor may limit inter-agency donations when he or she determines that the donation will cause the operating account from which the potential donation is paid to exceed its appropriation or cash balance.
5.2. Use of Donated Leave
a. Donated leave shall be used at its present dollar value.
b. The appointing authority of a recipient of donated leave shall continue to pay the recipient, according to procedures established by the Director of Personnel, as long as there is a positive balance of the total dollar value of all leave donated to the recipient.
c. For inter-agency donations, the appointing authority of the recipient shall request reimbursement from the appointing authority of the donor according to procedures established by the Director of Personnel.
d. A recipient's use of donated leave shall cease:
A. if the recipient, for any reason, ceases employment with the state;
B. if the recipient voluntarily requests termination of the use of donated leave;
C. if the recipient fails to provide the required physician/practitioner's verification or otherwise fails or ceases to meet eligibility requirements;
D. upon the exhaustion of the total dollar value of all leave donated to the recipient; or
E. upon the recipient's return to work.
e. Any unused leave donation shall be returned to the donor and re-credited to his or her annual leave balance according to procedures established by the Director of Personnel.

W. Va. Code R. § 143-2-5