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20 <br />the grievance or arbitration provision of any collective bargaining agreement. <br /> <br />E. REQUESTING/APPROVAL OF DONATED TIME <br /> <br />An eligible employee must submit a Donation of Vacation Request Form to the Human <br />Resources Department. <br /> <br />In order to receive donated time from the Vacation Donation Bank, a Donation of Vacation <br />Request Form must be approved by the City Administrator. <br /> <br />F. APPLYING DONATED VACATION TIME <br /> <br />• The donee’s sick leave, vacation, holiday hours, flex or comp time balances, must <br />be exhausted prior to any donated vacation time being applied. <br />• Donated vacation time shall only be used for time off related to the medical leave. <br />• The Donated Vacation Bank will be tracked by the Finance Department (Payroll). <br />• Human Resources, the Department Head, and the City Administrator will evaluate <br />and consult with the employee during the medical leave to determine the extent of <br />time needed. <br />• The Vacation Donation Policy does not limit or extend the time available under the <br />Family Medical Leave Act (FMLA). <br />• The City Administrator will have the discretion to review vacation donation requests <br />if the employee is deemed unable to return to work or returns to work on a part- <br />time basis. <br />• Under a similar program, the IRS has ruled that these payments are to be <br />considered wages and therefore taxable income to the recipient. As a result, the <br />payments will be included in the recipients annual W-2 Form. State and Federal <br />income tax, FICA/Medicare tax, and Supplemental Retirement contributions, <br />depending on the eligibility of the recipient, will be withheld by the City at the time <br />of payment. The IRS has also ruled that the employee donating the vacation time <br />realized no income for those hours and incurs no tax-deductible expense or loss, <br />either upon surrender of leave or payment to the Vacation Donation Bank. <br />• The City specifically retains the right to administer the policy in any manner it <br />deems to be in the best interest of the City, including the right to amend, to alter, <br />to further limit, or to eliminate the policy without notice. <br />• Employees receiving wages through donated vacation time will continue to earn <br />their sick leave and vacation accruals. <br />• An employee who returns to work on a part-time basis may, with verification and <br />City Administrator approval, continue to use donated time. <br />• Once an employee returns to full duty or begins short term disability or long term <br />disability, the employee is no longer eligible to receive donations. <br />• Employees may receive up to a maximum of eight (8) weeks of donated vacation <br />time, more with City Administrator approval due to extraordinary circumstances. <br />