Living Organ and Bone Marrow Donor Leave (Donor Leave) is intended to provide an opportunity for State employees to receive approval for a specified amount of paid leave immediately after donating their kidney, a portion of their liver, or bone marrow in order to recuperate from the procedure.
All full-time permanent State employees paid by warrant of the Auditor of State are eligible for Donor Leave. No other appointment types are eligible for Donor Leave under this policy.
Effective Date and Triggering Event
Eligibility for taking Donor Leave shall begin on the date of the procedure. Employees who desire to use such leave must apply in writing ten working days prior to the procedure or as soon as possible after the employee is informed of the date of the procedure. Such application shall be made using the standard Request for Leave form (ADM 4258). Employees must mark the box for "Other" and specifically indicate "Donor Leave" on the form. Employees must also specify the type of donation (kidney, liver, or marrow).
Leave and Benefit Amount
Pursuant to Ohio Revised Code 124.139:
(A) A full-time state employee shall receive up to two hundred forty hours of leave with pay during each calendar year to use during those hours when the employee is absent from work because of the employee's donation of any portion of an adult liver or because of the employee's donation of an adult kidney.
(B) A full-time state employee shall receive up to fifty-six hours of leave with pay during each calendar year to use during those hours when the employee is absent from work because of the employee's donation of adult bone marrow.
(C) An appointing authority shall compensate a full-time state employee who uses leave granted under division (A) or (B) of this section at the employee's regular rate of pay for those regular work hours during which the employee is absent from work.
Compensation for Donor Leave will be at the employees' current regular hourly rate of pay. For the duration of Donor Leave employees are eligible to receive all Employer-paid benefits and accrue all forms of leave.
Verification of Procedure
In order to receive Donor Leave, the employee donating a kidney or portions of a liver, the employee's family member, or designated representative must submit a Physician or Health Care Provider Certification form (ADM 4261) within ten days of the procedure to the appointing authority.
The employee donating bone marrow, the employee's family, or designated representative must submit a Physician or Health Care Provider Certification form (ADM 4261) within three days of the procedure to the appointing authority.
Failure to submit a Physician or Health Care Provider Certification form will result in the denial of the previously submitted employee leave request.
Working During Donor Leave
Appointing authorities may allow an employee to work a reduced schedule during any portion of the Donor Leave, subject to approved medical authorization from the employee's attending physician. The physician statement must indicate the number of hours the employee could work and any restrictions placed on the employee's activities. An employee who is permitted to work a reduced schedule during such period shall establish a schedule that is acceptable to the Appointing Authority.
Under no circumstances will Donor Leave be granted beyond the applicable statutory period for Donor leave. Donor Leave shall not be used to extend the layoff date of employees or to extend a period of employment for established term regular or irregular employees.
Employees on Donor Leave will be considered to be in active pay status and receive pay as described above through the regular payroll process until the Donor Leave time corresponding to the procedure has been exhausted.
Employees who experience medical complications as a result of donating their kidney, a portion of their liver, or bone marrow that extend beyond the duration of the Donor Leave, may apply for state disability leave benefits. Employees would be required to meet all eligibility criteria for disability leave, including serving a fourteen-day waiting period after the conclusion of Donor Leave. Employees may utilize sick, vacation, personal leaves and/or compensatory time to receive pay during the fourteen-day waiting period and to supplement the 70% wages for the remaining time of disability leave benefits or any portion thereof.
Recovery of Improperly Paid Benefits
The director of Administrative Services shall initiate all necessary steps to recover Donor Leave benefits paid in error or paid as a result of fraud. The director may make any needed adjustments to ensure the proper payment of benefits. When necessary, the director shall request the attorney general to take appropriate action to recover improperly paid benefits.
Effective Date: 1/29/03