Haw. Code R. § 14-8.1-8 - Leave sharing recipients

(a) To be eligible to receive shared leave credits, an employee must meet the following conditions:

(1) Has at least six consecutive months of creditable service as defined under section 14-11-5(c) (1) and (4) prior to the submittal of the shared leave request in a position with at least fifty percent full-time equivalency;

(2) Where the leave share request is for a personal illness or injury, such illness or injury shall not be covered under chapter 3 86, HRS, or if covered, the employee shall have exhausted all eligible benefits. In addition, the employee shall have exhausted or is about to exhaust all paid leave and wage loss replacement benefits, which include, but are not limited to:

(A) Vacation leave;

(B) Sick leave;

(C) Compensatory time credits; and

(D) Temporary disability insurance benefits under chapter 3 92, HRS;

(3) Where the leave share request is to care for a family member suffering from a serious personal illness or injury, the employee shall have exhausted or is about to exhaust all other paid leave benefits, which include, but are not limited to:

(A) Vacation leave;

(B) Compensatory time credits; and

(C) Sick leave for family leave purposes only pursuant to chapter 3 98, HRS;

(4) Is suffering from a serious personal illness or injury or caring for a family member suffering from a serious personal illness or injury which caused the recipient to be absent from work for at least thirty consecutive calendar days within the past twelve months;

(5) Has no disciplinary record of sick leave abuse within the past two years; and

(6) Has no unresolved outstanding salary overpayment obligations owed to the State.

(b) An employee who is otherwise qualified need not have donated leave to be eligible to receive shared leave.

(c) A request for shared leave credits shall be submitted within thirty calendar days prior to or after the beginning date of the leave without pay period to which it is intended to apply.

(d) If an eligible recipient is incapable of applying for shared leave credits, an authorized representative shall be permitted to apply on the recipient's behalf.

(e) While using shared leave credits, the recipient shall continue to earn sick and vacation leave credits consistent with applicable leave provisions.

Notes

Haw. Code R. § 14-8.1-8

[Eff 12/30/93; am and comp 10/26/98; comp DEC 01 2003] (Auth: HRS §§ 26-5, 76-17, 79-12, 79-33) (Imp: HRS § 79-33)