2015 Arkansas Code
Title 21 - Public Officers and Employees
Chapter 4 - Attendance and Leave
Subchapter 2 - Uniform Attendance and Leave Policy Act
§ 21-4-217 - Shared leave -- Definition.

(a) As used in this section, "employee" means a person regularly appointed or employed in a position of state service by a governmental entity listed in subdivision (b)(1) of this section for which he or she is compensated on a full-time basis.

(b) An employee is eligible to obtain shared leave if the employee has:

(1) Been continuously employed for more than one (1) year by the:

(A) Same state agency;

(B) General Assembly;

(C) Bureau of Legislative Research;

(D) Arkansas Legislative Audit; or

(E) Arkansas State Highway and Transportation Department;

(2) Applied in writing for shared leave; and

(3) Received written approval for shared leave from his or her employer.

(c) If shared leave is granted to an employee under this section, the employee shall use the shared leave after the employee uses the following:

(1) Earned sick leave;

(2) Earned annual leave; and

(3) Earned compensatory leave.

(d) (1) An employee is eligible as a donor of shared leave when the employee:

(A) Is employed by the same employer as the employee receiving shared leave;

(B) Has cumulative earned sick leave and earned annual leave in excess of eighty (80) hours; and

(C) Has not been disciplined by a governmental entity listed in subdivision (b)(1) of this section for an abuse of leave in the past two (2) calendar years.

(2) A donation of leave as shared leave must be approved in writing by the:

(A) Donating employee's employer; and

(B) (i) Chief Fiscal Officer of the State.

(ii) The Chief Fiscal Officer of the State shall determine whether the employer of the employee who would donate shared leave has sufficient funds in its budget to grant the shared leave.

(3) An employee donating shared leave may donate only the amount of earned sick leave or earned annual leave that will not cause the donating employee's cumulative earned sick leave and earned annual leave to be less than eighty (80) hours.

(4) An employee may receive a maximum of two thousand eighty (2,080) hours of combined shared leave and catastrophic leave in a calendar year.

(e) An employee who is granted shared leave shall provide his or her employer:

(1) An acceptable medical certificate from a healthcare provider documenting the severe illness or the birth of the employee's biological child that made the employee eligible for shared leave;

(2) A final decree of adoption issued by a court of competent jurisdiction approving the adoption of a child by an employee; or

(3) Documentation provided by the Division of Children and Family Services of the Department of Human Services approving the placement of a foster child in the foster home of the employee.

(f) Shared leave that is donated to an employee and is not used by the employee shall be converted to the catastrophic leave program as described under § 21-4-214.

(g) The Office of Personnel Management of the Division of Management Services of the Department of Finance and Administration shall establish procedures and guidelines to implement this section.