As a leave recipient, you accrue annual and sick leave while on donated leave just as any employee does who is in a pay status and subject to the Leave Act.
By law, these leave accruals must be set aside until a maximum of 40 hours each has accumulated or, in the case of a part-time employee or employee on an uncommon tour, until the average number of hours in the employee's weekly tour of duty have accumulated.
Leave in an employee's set aside accounts must be maintained separate from donated leave, regular leave or restored leave. In the case of an employee caring for a family member, set aside sick leave must be separate from any sick leave the employee was not required to use for care of the family member. There is no exception to the regulation which requires set aside of leave accruals while an employee is on donated leave.
Under law, set aside leave must be transferred to the employee's regular annual and sick leave accounts when either the:
- Medical emergency ends
- Employee has temporarily exhausted donated leave
Leave which is released to you for your use from a set aside account may be used for any purpose for which available leave might be used normally including for a personal day of leave or to make up Time in Pay status under an Unscheduled Leave Policy.
If you start to use your set aside leave because you have temporarily exhausted your donated leave, you will continue to accrue the set aside leave up to the 40-hour maximum. However, once you reach the maximum set aside accounts and use them, leave accruals may not be set aside in any amount for the same emergency again.