22.1 DEFINITIONS.
(Amended 5/99; 1/06; 9/07)

Staff covered by collective bargaining agreements may have benefits different from those described in this section. Reference should be made to the current agreement for those staff members for precise details. For purposes of this section, the following definitions apply.

a. "Sick leave" is defined as credits used by an eligible employee to continue compensation during an absence due to a personal medically related disability, family caregiving, funeral, service as a pall bearer, on-the job injury (to the extent provided for in III-33) or adoption as defined in this section. Sick leave credits cannot be used towards any other type of absence.

b. "Immediate family" is defined as and limited to the employee's spouse/domestic partner (same and opposite gender), children, grandchildren, foster children, stepchildren, legal wards, parents, grandparents, foster parents, stepparents, brothers, foster brothers, stepbrothers, sons-in-law, brothers-in-law, sisters, foster sisters, stepsisters, daughters-in-law, sisters-in-law, aunts, uncles, nieces, nephews, first cousins, corresponding relatives of the employee's spouse/domestic partner, and other persons who are members of the employee's household.

c. "Medically related disability" is defined as the personal medical disability of an employee to the extent authorized by the Iowa Code. Medically related disability includes the time during which an employee is unable to work because of a medically related disability caused or contributed to by a pregnancy-related condition.

d. "Family caregiving leave" is defined as an absence to provide care of and necessary attention to ill or injured members of the employee's immediate family.

e. "Funeral leave" is defined as a leave of absence due to the occurrence of death in the employee's immediate family. (See III-22.4 for attending funerals of those not a member of the employee's immediate family.)

f. "Service as a pall bearer" is defined as serving as a pall bearer at the funeral of a person not a member of the employee's immediate family.

g. "Adoption leave" is defined as leave taken by a newly adoptive parent for the purpose of adjusting to and caring for the newly adopted child(ren).

h. "On-the-job-injury." See III-33 Accidents; III-18 Insurance.

i. "Bone marrow and organ donor" is defined as leave necessary for an employee to donate bone marrow or an organ.
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22.2 GENERAL POLICY ON ABSENCES.
(Amended 12/01)

a. Basic to any employer-employee relationship is an obligation on the part of staff members to report to work on schedule regularly. Occasionally, however, absences or tardiness are unavoidable. When this occurs, it is the responsibility of the employee 1) to notify the supervisor of the absence as soon as the employee knows it will not be possible to be at work on schedule, and 2) to return to work as soon as it is reasonably possible. Employees may not be paid for time not spent at work, except as provided for by policy specifically noted in III-22.

b. In extenuating circumstances (such as a car breakdown or emergency illness in the family) a supervisor may elect to work out an arrangement with an employee who has missed time despite making every reasonable effort to get to work. Such an arrangement is to make up the time missed within the work week in which the absence occurred. Normal procedure is to work out such an arrangement whenever feasible. This does not apply in the case of an employee who could have arrived at work with reasonable effort but who did not make such effort. Charging absences to vacation time is ordinarily not satisfactory.

c. University employees will be expected to make every reasonable effort to report to work as scheduled, even in severe weather conditions. When provided advanced warning, employees are expected to anticipate difficulties and delays in transportation. Upon evaluation of their individual circumstances, employees are expected to make reasonable judgments to avoid serious risks when traveling to and from work. Employees are encouraged to actively communicate with their supervisor or other proper authority regarding their timeliness and attendance during extreme weather conditions, in order to assure proper staffing. When delayed, employees may be expected to report to work as soon as they become available, unless otherwise excused by their supervisor, in order to meet operational needs. Supervisory staff are expected to utilize their discretion reasonably and humanely in relation to this policy.

Absences due to severe weather conditions may be addressed in the following manner, as applicable:

(1) Employees may be authorized to perform work at home or an alternate location, to the extent such is available, practical, and feasible, and provided appropriate accountability.

(2) Employees may be authorized to make up the time absent through an alternate work schedule within the same work week.

(3) Employees may utilize accrued compensatory time (merit) or accrued annual leave (vacation), if available, to remain in pay status, or be placed on leave without pay.

(See also II-22 Extreme Weather Protocol. )

d. Employees covered by collective bargaining agreements may have benefits different from those described in this section. Those employees should refer to the current agreement for precise details.
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22.3 SICK LEAVE POLICY: LEAVE FOR MEDICALLY RELATED DISABILITY, FAMILY CAREGIVING, FUNERALS, SERVICE AS A PALL BEARER, ADOPTION, AND ON-THE-JOB-INJURY.
(President 1/31/77; amended 2/99; 5/03; 10/04; 1/06; 3/06 [Regents approved 9/14/05]; 5/06; 6/07)

a. General policy. An absence due to a medically related disability, family caregiving, funeral, service as a pall bearer, adoption, and/or on-the-job-injury is a sick leave absence and is to be charged against an employee's accrued sick leave credits unless other rules apply. Sick leave credits can only be used for sick leave absences, except as provided in subparagraph i below.

b. Accrual. Merit system staff not covered by a collective bargaining agreement should consult III-24.3 for applicable policies.

(1) Sick leave credits accrue at the rate of 12 hours per month of service for a full-time employee. A part-time employee will accrue the fractional proportion of the full-time entitlement. Persons holding an academic year appointment are considered to be employed 9/12 of a calendar year; those holding summer session appointments are considered to be employed for this purpose for 2/12 of a calendar year.

(2) Sick leave credits do accrue during a period of absence for which an employee is paid sick leave and may be used during that particular period of illness.

(3) Sick leave credits do not accrue during any absence without pay.

(4) Holidays falling during a period of absence defined as sick leave are paid as holidays and are not charged to the employee's sick leave accumulation.

c. Sick leave. Merit system staff not covered by a collective bargaining agreement should consult III-24.3 for applicable policies.
(1) Each full- or part-time, regular, and continuous employee is entitled as indicated in paragraph (2) below to a leave of absence due to a medically related disability, family caregiving, funeral, service as a pall bearer, adoption and/or on-the-job-injury at the normal rate of pay. Employees hired on a temporary, on-call, provisional, project, or emergency basis, as well as students hired through the Office of Student Financial Aid and students hired in positions reserved specifically for student employees are not entitled to sick leave.

(2) Restrictions on sick leave absences. A department will, when satisfied by evidence presented, grant the following amount of paid time off to be charged against and not to exceed the employee's accrued sick leave for:

(a) Medically related disability: A leave for a medically related disability to the extent that the employee has accrued sick leave credits to cover the period. The time during which an employee is unable to work because of a medically related disability caused or contributed to by a pregnancy-related condition is treated as a medically related disability. Biological mothers are entitled to leave for any period of pregnancy-related temporary disability, to be charged against accrued sick leave. Based on current medical practice, a leave of no more than six weeks would not require documentation of disability. If an employee's accumulated sick leave is insufficient to cover the period of pregnancy-related disability, the employee will, at the employee's request, be granted a leave of absence to be charged to vacation time, compensatory time, or a leave of absence without pay. Any request for absence beyond the period of disability is considered as vacation or a leave of absence without pay. See also III-22.8 Parental Leave.

(b) Family caregiving leave is available so that a faculty or staff member may provide care of and necessary attention to an ill or injured family member. Family caregiving leave was established to assist the faculty or staff member with his or her family-related responsibilities.

The maximum usage per year of family caregiving leave includes the current calendar year allowance of up to five days of sick leave (40 hours of sick leave based on full-time employment, pro-rated for part-time), as well as any unused allowance from the previous calendar year, up to 80 hours in total (pro-rated for part-time) for the care of and necessary attention to ill or injured members of the employee's immediate family. Carryover of the unused allowance from the previous year applies to employees covered by a collective bargaining agreement only if the benefit has been negotiated and is contained in the agreement.

Accrued sick leave is to be used for family caregiving leave. Appropriate verification of the status of the ill or injured person may be requested.

In the event that the faculty or staff member does not have accrued sick leave, family caregiving leave is not available. However, the department or unit is encouraged to permit the faculty or staff member to use vacation or leave without pay to respond to family-related responsibilities.

(c) Funeral leave: A maximum of three days of sick leave (24 hours of sick leave based on full-time employment, pro-rated for part-time) for each occurrence of death in the employee's immediate family. (See III-22.4 for funerals for the employee's immediate family).

(d) Service as a pall bearer: A maximum of one day of sick leave (8 hours of sick leave based on full-time employment, pro-rated for part-time) for each service as a pallbearer at the funeral of a person not a member of the employee's immediate family.

(e) Adoption: A maximum of five days of sick leave (40 hours of sick leave based on full-time employment, pro-rated for part-time) by a newly adoptive parent. Departments should work with prospective adoptive parents seeking to adopt through an adoption agency with specific requirements for parental leave, to the extent the adoption leave is not sufficient to undertake an adoption. See also III-22.8 Parental Leave.

(f) On-the-job injury: See Section III-33 Accidents; III-18 Insurance.

(3) Sick leave may be granted only on presentation of satisfactory evidence by the employee. No other absence may be charged against sick leave. The employing department may set the standards for satisfactory evidence which may include a doctor's statement. Where there is reason to believe the employee is abusing the sick leave privilege or may not be physically able to return to work, the department may also require a doctor's statement.

d. Use of sick leave credits.
(1) Sick leave credits are used at the rate of one hour for each hour of absence.

(2) Sick leave may be used by a faculty member during the academic year or the summer session because of a medically related disability which occurs before a semester or a summer session begins to the extent that sick leave credits are available, and provided that a definite commitment of employment during that period has been consummated before the onset of the disability. For the payment of sick leave benefits, faculty members are considered to be "on duty" five days per week, eight hours a day, even though their classes may be scheduled on more or fewer than five days per week.

(3) Medical and dental appointments which cannot be arranged for off duty hours may be charged against sick leave. Generally, an absence for routine medical and dental care should not exceed two hours.

(4) If a staff member becomes ill during the five working days immediately before a scheduled vacation, the staff member may arrange with the department to postpone the vacation to a mutually satisfactory date. Except for instances in which the staff member is under the care of a physician, sick leave does not apply to an illness incurred during vacations or a paid holiday. If a staff member is under the care of a physician while on his or her paid vacation, the employee may use sick leave for those days upon presentation of satisfactory documentation of such care.

(5) Upon the exhaustion of sick leave, the staff member is eligible to use any accrued vacation credits.

e. Recording and reporting absences.
(1) Each department must report and keep a record of any employee's absence due to a medically related disability, family caregiving, funeral, service as a pall bearer, adoption, or on-the-job injury. The employee has the responsibility of reporting and recording on the absence or departmental report form the reason for the absence and categorizing it properly. If the absence is due to an injury incurred while on duty, the procedure in III-34 is followed. Consult III-22.4 for leave to attend funerals of those other than the employee's immediate family.

(2) Each department is responsible for terminating the pay of any staff member who has exhausted available sick leave and vacation credits. Such notification is made through the online transaction system and administrative channels as necessary to reach Payroll by the last day for which the staff member is paid sick leave or vacation benefits.

f. Payment of sick leave.
(1) Payment of sick leave is made on regular payroll dates.

(2) If an employee becomes entitled to benefits under Workers' Compensation while still eligible for sick leave payments, the staff member's regular salary will continue to be paid, reduced by Workers' Compensation benefits. Credit for Workers' Compensation benefits will be used to purchase additional days of sick leave for the employee and the total amount of sick leave credit so realized will be exhausted on the staff member's behalf. The University Benefits office will compute the number of days of additional sick leave due to the employee and notify the department involved.

g. Extended total disability.
(1) An employee meeting all requirements for the University long term disability insurance program at the time of the onset of a disability and who continues to be disabled through the greater of 90 working days or the exhaustion of accumulated sick leave is eligible to receive benefits under the insurance plan. The insurer determines whether any insurance benefits are paid and establishes the beginning date of the total disability for that purpose.

(2) The University Benefits Office should be contacted at such time as it is suspected that an employee may be off work 90 or more working days to initiate the completion of the necessary application forms for Long Term Disability benefits. Section III-18.3 contains specific information concerning the Long Term Disability program.

h. Return to work.
(1) When an employee is on a medical leave of absence, the University considers itself obligated to hold the employee's position open for as long as the employee has sick leave and vacation credits. The employee may return to this position immediately upon ability to perform the essential functions of the position. The University may fill the position on a permanent basis after the employee has exhausted sick leave and vacation except in the case of an employee with academic tenure, or an employee who is on a leave of absence pursuant to Workers' Compensation, the Americans with Disabilities Act (ADA), or the Family Medical Leave Act (FMLA). In addition, the employee may have the right to return to comparable employment pursuant to the FMLA, ADA, or Workers' Compensation.

(2) Once an employee seeks to return to work, the employee may receive University assistance in returning to his or her position or in seeking a vacant position within the University for which he or she is qualified.

(3) Where illness or incapacity continues but does not render the employee unable to work, the University will attempt to identify reasonable accommodation to the employee's limitations provided the employee is qualified to perform the work.

i. Sick Leave Transferred to Vacation.
(1) An eligible employee may elect, by the tenth of the month following any calendar month in which there has been no time loss chargeable to sick leave, to exchange the monthly sick leave accrual (12 hours) for four (4) hours of vacation time. Employees may also make arrangements to automatically convert sick leave to vacation in every month possible. Once an election to transfer sick leave to vacation has been selected and processed through a monthly payroll cycle, the election is irrevocable.

(2) Eligibility is limited to regular employees who have accumulated a minimum of 240 hours of sick leave. Academic year faculty members are ineligible for this program.

(3) Any sick leave transferred to vacation will be allowed to accumulate up to two times the annual entitlement. If the use of sick leave reduces an employee's sick leave account below 240 hours, the account must be built up to 240 hours before eligibility conversion is restored.

22.4 FUNERAL LEAVE.
(Amended 2/01; 10/04 )
Funeral leave can be used for funeral attendance, travel related to the death, or bereavement time. Funeral leave shall normally be used during the seven-calendar day period immediately following the death.

Funeral leave involving the employee's family consists of two parts:

a) A maximum of three days (24 hours based on full-time employment, pro-rated for part-time) for each occurrence of death in the employee's immediate family(1) may be charged to accrued sick leave. If accrued sick leave is not available, the employee may take the days as vacation or as leave without pay.

b) Two additional days (16 hours based on full-time employment, pro-rated for part-time) for each occurrence of death involving the employee's spouse/domestic partner, parents, children, and the corresponding relatives of the employee's spouse/domestic partner and other persons who have acted consistently in the role of parent or child may be charged to vacation if they are contiguous with the initial three days described in (a). If accrued vacation is not available, the employee may take the days as leave without pay.

Recognizing the wide variety of family configurations that exist, the University strongly encourages departments and units to be flexible in granting additional time off beyond the funeral benefit described above to be supportive of employees who are experiencing a significant personal loss.

Leaves for funerals of those other than the members of an employee's immediate family may be taken with the approval of the employing department. If make-up time cannot be arranged in accordance with University policy, the employing department may agree to charge the lost time to vacation or treat the lost time as leave without pay.

For use of sick leave for serving as a pall bearer at a funeral for a person other than a member of the employee's immediate family, see III-22.3.

FOOTNOTE
1. "Immediate Family" is defined as and limited to the employee's spouse/domestic partner, children, grandchildren, foster children, stepchildren, legal wards, parents, grandparents, foster parents, stepparents, brothers, foster brothers, stepbrothers, sons-in-law, brothers-in-law, sisters, foster sisters, stepsisters, daughters-in-law, sisters-in-law, aunts, uncles, nieces, nephews, first cousins, corresponding relatives of the employee's spouse/domestic partner, and other persons who are members of the employee's household (see III-22.1b). [back]

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22.5 APPROVAL AND REPORTING OF PAID ABSENCES.
(Amended 1/06)

Absences in connection with authorized leaves must be approved in advance by the supervisor or designated department administrator and/or HR Unit Representative. Absences due to illness must be reported in accordance with the procedures set forth under the University's sick leave policy. All other absences, with or without pay, must be reported immediately to the supervisor or designated department administrator and/or HR Unit Representative and approval sought where necessary as determined by the department. Each department is responsible for keeping a record of all absences.
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22.6 VOTING.
Any person entitled to vote in a public election is entitled to time off from work with pay on any public election day for a period not to exceed three hours in length. Application for time off for voting should be made to the staff member's supervisor prior to election day. The time to be taken off may be designated by the supervisor. Time off for voting may be granted only if the staff member's working hours do not allow a three-hour period outside of working hours during which the polls are open.

(IC 49.109; Op. Atty. Gen. 10/31/50; IAC [681]3.147(19A).)
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22.7 FAMILY AND MEDICAL LEAVE ACT.
(Office of the Vice President for Finance and University Services 8/93; 8/95; 5/99; 9/02; 1/09)

Note: Due to changes in federal regulations effective January 16, 2009, this policy is under revision. See www.uiowa.edu/hr/fsds/medleave/fmla/index.html or contact Faculty and Staff Disability Services, 121-20 University Services Building.
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22.8 PARENTAL LEAVE POLICY.
(Amended 5/99; 8/00; 1/06; 5/07)

a. Purpose. To permit parents who have care giving responsibilities to have time off to spend with a child newly added to the family and, to the extent permitted by state law, to be paid during such leave. To adapt an employee's work schedule and/or duties to help reduce conflict with parental obligations.

b. Entitlement to Leave.

(1) Twelve-month faculty, professional and Scientific staff, and non-organized merit system staff.
(a) Biological mothers are entitled to leave for any period of pregnancy-related temporary disability, to be charged against accrued sick leave. Based on current medical practice, a leave of six weeks or less would not require the employee to provide disability documentation. If an employee's accumulated sick leave is insufficient to cover the six-week period of disability, the leave balance will be charged, at the employee's request, to vacation time, compensatory time, or a leave of absence without pay. Any request for non-medically necessary absence beyond the six-week period of disability is considered as a leave of absence without pay or as vacation.

(b) A newly adoptive parent, including a domestic partner, is entitled to one week (5 days) of paid adoption leave to be charged against accrued sick leave. Departments are encouraged to arrange for additional leave as necessary. Departments should work with prospective adoptive parents seeking to adopt through an adoption agency with specific requirements for parental leave, to the extent the adoption leave is not sufficient to undertake an adoption. Time not charged to accrued sick leave may be charged to accrued vacation or taken as leave without pay.

(2) Nine-month faculty.
(a) Biological mothers are entitled to leave for any period of pregnancy-related temporary disability, to be charged against accrued sick leave. Based on current medical practice, a leave of six weeks or less would not require the employee to provide disability documentation. If an employee's accumulated sick leave is insufficient to cover the six-week period of disability, the leave balance will be charged, at the employee's request, to vacation time, compensatory time, or a leave of absence without pay. Any request for non-medically necessary absence beyond the six-week period of disability is considered as a leave of absence without pay or as vacation.

(b) A newly adoptive parent is entitled to one week (5 days) of paid adoption leave, to be charged against accrued sick leave. Departments should work with prospective adoptive parents seeking to adopt through an adoption agency with specific requirements for parental leave, to the extent the adoption leave is not sufficient to undertake an adoption.

c. Adaptation to employment duties and/or schedule -- twelve-month faculty, nine-month faculty, professional and scientific staff, and non-organized merit system staff.
(1) For each minor child newly added to the family of a probationary faculty member (e.g., biological, adopted, step-child, or by guardianship) during the probationary period or within two years prior to the initial appointment, the faculty member shall be eligible for extension of the probationary period as provided in III-10.1a(4)(e)(1).

(2) Departments shall work with faculty and staff to modify schedules and duties, such as travel, to assist new parents.

d. Family Caregiving Leave. See III-22.3.

22.9 CATASTROPHIC LEAVE DONATIONS.
(President 9/93; amended 9/97; 7/02; 1/06)
The University offers to faculty and staff members the ability to receive and donate accrued vacation leave due to a personal or family catastrophic illness or injury which results in a medical condition for which a physician has certified that the condition is likely to result in a loss of thirty (30) or more work days. All faculty and staff who accrue vacation are eligible to participate. An individual must have exhausted all paid leave and not be receiving long-term disability in order to be qualified to receive donations. The total donations received by an employee shall not exceed the amount necessary to cover the long-term disability waiting period. If the donations are needed due to a family member illness or injury, donations cannot exceed one (1) year. Leave must be donated in increments of one (1) hour or more.

(See also III-22.8 Parental Leave; III-26.7 Courses for Maintaining Professional Licensing Requirements; III-22 Absences; and www.uiowa.edu/~hrpersvc/benefits/catastrophic/index.html.)
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22.10 RELIGIOUS DIVERSITY AND THE UNIVERSITY CALENDAR.
(3/99; 11/00)
Religious history, religious diversity, and spiritual values have formed a part of The University of Iowa's curricular and extracurricular programs since the founding of the University. In order to advance religious diversity on campus, the University makes reasonable accommodations for students, staff, and faculty whose religious holy days coincide with their work schedules and classroom assignments. As a public institution, the University neither promotes any particular form of religion nor discriminates against students, staff, or faculty on the basis of their religious viewpoints.

University holidays are not religious holy days, although a religious holy day may coincide with a University holiday. The University is prepared to make reasonable accommodations in its work assignments, test schedules, and classroom attendance expectations in a manner which is consistent with the University Policy on Human Rights (see II-3) and does not unfairly burden employees and students.

a. Students. With regard to classroom attendance, students who notify the faculty (including teaching assistants) of a religious holy day conflict in a timely manner shall be excused from class or other scheduled academic activity to observe a religious holy day of their faith. Where attendance is mandatory, students compelled by their religious convictions to refrain from attending class on specific days must notify their instructors during the first few days of the semester or session, and no later than the third week or one week before the absence if a conflict occurs before that time.

Students who notify their instructors of a religious holy day conflict in a timely manner shall be permitted a reasonable amount of time to make up the material or activities covered in their absence, including tests. Students who receive an exemption on religious grounds cannot be penalized for failing to attend class on the days exempted. The instructor may, however, appropriately respond if the student fails to satisfactorily complete any alternative assignment or examination.

In those cases where a request for an excused absence based upon a religious holy day conflict is denied by the instructor, a student may pursue a grievance under "Student Complaints Concerning Faculty Actions" (see page 2 of Policies and Regulations Affecting Students). Where a timely request is made but denied by the instructor, the grievance process shall be expedited as much as reasonably possible to ensure that a student pursuing a religious holy day accommodation is not unduly disadvantaged by the passage of time.

Students with attendance conflicts may be required to notify an instructor in writing. An instructor who requires written notice must inform the class of this expectation in the class syllabus. An instructor may deny a student's request for an excused absence on the ground that the request was not made within a reasonable time period, that is, no later than the third week of class or one week before the absence if a conflict occurs before that time.

b. Faculty. Faculty members have "the responsibility to meet classes as scheduled and, when circumstances prevent this, to arrange equivalent alternate instruction" (see III-15.2 Responsibilities to Students). Faculty members who wish to observe religious holy days must fulfill the above-mentioned policy and satisfy any other responsibilities regarding off-campus time, including proper notice, in accordance with their standard departmental procedures.

When scheduling tests, instructors are encouraged to take cognizance of religious holy days which fall on University class days. In addition, faculty should include in their syllabi information regarding the policies for handling conflicts between classroom activities (attendance, tests, etc.) and religious holy days. Such policies must be consistent with University policies (see paragraph a above).

c. Staff. Staff members may request accommodation for religious observances through their immediate supervisor. Accommodation may be in the form of scheduled leave or an alternate work schedule. Approved absences will be recorded as vacation. In cases when vacation is not available or an alternative work schedule is not possible, a leave of absence without pay may be permitted. Departments will attempt to accommodate such requests, balancing the request to accommodate with the particular needs of the work unit.

In order to best meet staff needs in an area, appropriate advance notice is required.
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Faculty and staff who retire at age 55 and older and have unused sick leave hours are eligible to receive a cash payment not to exceed $2,000 based upon their current rate of base pay and the amount of unused accumulated hours (Iowa Code 70.23). Any amount beyond this figure is forfeited. This payout is incorporated into the Fringe Benefit Pool charge.
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22.12 BONE MARROW AND ORGAN DONATION.
(9/07)

a. Employees who are absent in order to serve as bone marrow or organ donors will be provided paid leave, not charged against sick or vacation accruals, for up to five (5) work days for a bone marrow donation or up to thirty (30) days for an organ donation.

b. "Organ" in this context includes lung, liver, pancreas, kidney, intestine, or other organ that requires the continuous circulation of blood to remain useful for purposes of transplantation.

c. Donation verification is to be provided by the physician or hospital involved in the donation.

d. Such leave will not cause loss of pay, benefits, accruals, or overtime accumulation.

(See IC 70A.39.)
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