Common use of Transfer of Leave Clause in Contracts

Transfer of Leave. The Manager shall allow an employee to transfer leave to another person under the following conditions: (a) The recipient must either be: (i) an employee who is absent for a family/medical leave reason and is on leave without pay and not retaining personal leave for use upon return from FMLA, or (ii) a family member of a deceased employee, or (iii) an employee who is absent due to the death of an immediate family member and is on Leave Without Pay. Immediate family member shall be defined in accordance with 20 PR 005 (21). (b) The donor employee shall have a remaining personal leave balance of not less than twelve days. (c) The donation is restricted to a maximum of thirty days or fifty percent of the employee’s accrued personal leave, whichever is less. Thirty days equates to 225 hours for an employee working 37.5 hours per week and 240 hours for an employee working 40 hours per week. Twelve days equates to 90 hours for an employee working 37.5 hours per weeks and 96 hours for an employee working 40 hours per week. When calculating days under Article 9.9 for part time employees, the day shall be prorated according to their established Full Time Equivalent (FTE) position. All future rights to compensation for such transferred leave used by the recipient are waived by the donor. Unused donated leave shall be returned to the donor. Personal leave donated for use by another employee shall not be credited toward the donor’s minimum leave use requirement. Personal leave donated to another employee shall be given a cash value by multiplying the number of hours donated by the regular pay rate of the donor. This cash value shall then be divided by the regular hourly rate of the recipient and the recipient’s medical leave bank shall be credited with that number of hours which are a result of the calculations. Medical leave shall not be transferred to personal leave or be credited to any employee other than the employee who earned such leave. If the provisions of this Section increase the tax liability of any individual other than the recipient of the donation, this Section will be void and the parties shall meet immediately for the purposes of negotiating a replacement.

Transfer of Leave. The Manager shall allow an employee to transfer leave to another person under the following conditions: (a) The recipient must either be: (i) an employee who is absent for a family/medical leave reason and is on leave without pay and not retaining personal leave for use upon return from FMLA, or (ii) a family member of a deceased employee, or (iii) an employee who is absent due to the death of an immediate family member and is on Leave Without Pay. Immediate family member shall be defined in accordance with 20 PR 005 (21). (b) The donor employee shall have a remaining personal leave balance of not less than twelve days. (c) The donation is restricted to a maximum of thirty days or fifty percent of the employee’s accrued personal leave, whichever is less. Thirty days equates to 225 hours for an employee working 37.5 hours per week and 240 hours for an employee working 40 hours per week. Twelve days equates to 90 hours for an employee working 37.5 hours per weeks and 96 hours for an employee working 40 hours per week. When calculating days under Article 9.9 for part time employees, the day shall be prorated according to their established Full Time Equivalent (FTE) position. All future rights to compensation for such transferred leave used by the recipient are waived by the donor. Unused donated leave shall be returned to the donor. Personal leave donated for use by another employee shall not be credited toward the donor’s minimum leave use requirement. Personal leave donated to another employee shall be given a cash value by multiplying the number of hours donated by the regular pay rate of the donor. This cash value shall then be divided by the regular hourly rate of the recipient and the recipient’s medical leave bank shall be credited with that number of hours which are a result of the calculations. Medical leave shall not be transferred to personal leave or be credited to any employee other than the employee who earned such leave. If the provisions of this Section increase the tax liability of any individual other than the recipient of the donation, this Section will be void and the parties shall meet immediately for the purposes of negotiating a replacement.