To manage a Crisis Leave Pool whereby classified employees donate annual leave to a Crisis Leave Pool for the purpose of assisting other classified employees who, through no fault of their own, have insufficient appropriate paid leave balances to cover their absence from work due to their own serious health condition or the serious health condition of an eligible family member.
Crisis Leave Committee-a committee comprised of five employees, appointed by the President, formed for the purpose of reviewing and approving or denying employee requests for Crisis Leave.
Crisis Leave Pool-a program authorized by the Louisiana Department of Civil Service Rule 11.34 by which state agencies are allowed to implement and administer a pool of shared annual leave which may be used by employees who cannot work due to certain crisis situations and who have insufficient appropriate leave to cover their absence.
Crisis Situations-for the purpose of this policy, crisis situations will be defined as those that qualify as a serious health condition as defined below.
Eligible Family Member-an individual living in the same household who is related to the employee by kinship, adoption or marriage, or a foster child so certified by the Louisiana Office of Children’s Services; or an individual not living in the same household who is related to the employee by kinship, adoption or marriage, and is totally dependent upon the employee for personal care or services on a continuing basis.
Leave Pool Manager-an employee in payroll who will have the responsibility of managing donations and transfers for appropriate credit to leave balances for payroll purposes.
Licensed Medical Service Provider (LMSP)-a practitioner, as defined in the Louisiana State Licensing Law (relative to that LMSP’s field of service), who is practicing within the scope of his or her license. This is to include licensed Physicians (a doctor of medicine) or MD, Doctor of Osteopathy or DO, or licensed Chiropractors, Counselors, or Therapists as recognized and licensed by appropriate State boards or authorities.
Serious Health Condition-as defined by the Family and Medical Leave Act is an illness, impairment, physical or mental condition, or injury caused by a serious accident on or off the job, that involves:
- Any period of incapacity or treatment in connection with or consequent to inpatient care (i.e. an overnight stay) in a hospital, hospice, or residential medical care facility; or
- Any period of incapacity requiring absence from work, school, or other regular activities of more than three calendar days, that also involves continuing treatment by or under the supervision of a Licensed Medical Service Provider; or
- Continuing treatment by or under the supervision of a Licensed Medical Service Provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days.
An employee shall meet all of the below requirements in order to be eligible to request annual leave from the Crisis Leave Pool:
- Be a full-time permanent employee eligible to earn and use annual leave; and
- have completed at least one year of service (12 months) with the university; and
- have used all of his/her sick leave (if for own personal serious health condition), annual leave (if for own personal serious health condition or if for eligible family members serious health condition), and compensatory leave before requesting Crisis Leave; and
- employee or employees eligible family member must suffer from a Serious Health Condition as defined in this policy; and
- employee must have a good attendance record (no documented history of leave abuse), and is not absent from work due to disciplinary reasons; and
- employee must have appropriate documentation from a Licensed Medical Service Provider as defined in this policy.
Contributions to the Crisis Leave Pool are strictly voluntary. No employee shall be coerced or pressured to make contributions to the Crisis Leave Pool. An employee donating to the Crisis Leave Pool may not designate a particular employee to receive donated leave. Donations are accumulated in the pool on a calendar basis. Donations are awarded on a first-come, first-serve basis to eligible employees. If donations are to continue, they must be renewed on an annual basis. Donations are limited to the following terms:
- An employee may donate a minimum of four (4) hours of annual leave and a maximum of 240 hours of annual leave per calendar year (no sick or compensatory leave).
- Donations are made in whole hour increments.
- The donor must have a balance of at least 120 hours of annual leave remaining after the contribution.
The employee must complete the Donation to Crisis Leave Pool form and submit to Human Resources. The Leave Pool Manager will adjust all leave records accordingly before the next scheduled pay cycle.
An eligible employee may request annual leave from the Crisis Leave Pool by submitting a letter with appropriate documentation from a Licensed Medical Service Provider to the Director of Human Resources. The Director of Human Resources will review to ensure that the employee is eligible for Crisis Leave. All requests for Crisis Leave are treated as confidential and will be submitted to the Crisis Leave Committee marked as confidential.
Each request shall be date stamped with the time and day upon receipt by the Director of Human Resources, and handled on a first-come, first-serve basis. The request should be submitted at least ten (10) days before the crisis leave is needed, when possible.
The Director of Human Resources will immediately call for a meeting with the Crisis Leave Committee to review the request.
The Crisis Leave Committee will review the request and either approve all or part of the leave request, or deny the request. The Director of Human Resources will issue an approval or denial in writing to the employee.
The committee’s decision to approve or deny the crisis leave request is final and not subject to appeal.
LIMITATIONS ON CRISIS LEAVE USE:
The Crisis Leave Committee will determine the amount of crisis leave granted for each serious health condition. The amount of leave granted will generally reflect the recommendations of a Licensed Medical Service Provider subject to the following limitations:
- a maximum of 240 hours may be requested by an employee in one calendar year;
- crisis leave may not be granted to an employee to extend paid leave status beyond a total time in leave status of 12 weeks;
- The value of annual leave granted as crisis leave may not exceed 75% of the employee’s pay received in a regular workweek. The remaining 25% shall be leave without pay; Crisis leave can only be used on a continuous basis. It is not to be used on an intermittent basis.
CHANGE IN STATUS AFFECTING CRISIS LEAVE:
Crisis leave should only be used for the purpose for which it was originally requested. If any change in the nature or severity of the Serious Health Condition occurs, or any other factor on which the approval was based, the employee must provide documentation describing the change to the Director of Human Resources for review. The employee may request an extension of a previously approved request; however, extensions are not automatic and documentation to justify the extension must be provided at the time of request.
The use of crisis leave that is not in accordance with the procedures and requirements outlined in this policy may constitute payroll fraud and will be dealt with accordingly.
COMPENSATION AND BENEFITS:
Crisis leave will be awarded hour for hour regardless of the giving or receiving employee’s rate of pay.
An employee being paid from crisis leave will be considered in partial pay status and will continue to receive benefits as appropriate.
In accordance with the Louisiana Department of Civil Service Rule 11.5(a), an employee on crisis leave shall not accrue annual or sick leave while using donated leave from the Crisis Leave Pool. All leave balances will be adjusted accordingly.