§ 21-4-214. Catastrophic leave program

(a)

1. (1) The Department of Transformation and Shared Services shall have administrative responsibility for developing, implementing, and maintaining the statewide catastrophic leave bank program.

2. (2)

   1. (A) Each state agency shall participate in a catastrophic leave bank to be administered by the Office of Personnel Management.

   2. (B) The following governmental entities may voluntarily participate in the catastrophic leave bank program or establish a catastrophic leave bank for its employees:

      1. (i) The General Assembly;

      2. (ii) The Bureau of Legislative Research;

      3. (iii) Arkansas Legislative Audit;

      4. (iv) The Arkansas Department of Transportation;

      5. (v) The Arkansas State Game and Fish Commission;

      6. (vi) The Supreme Court;

      7. (vii) The Court of Appeals;

      8. (viii) The Administrative Office of the Courts;

      9. (ix) A constitutional office; and

      10. (x) Institutions of higher education.

(b) Accrued annual leave and sick leave of employees may be donated to a catastrophic leave bank.

(c) Catastrophic leave with pay may be granted to an employee when the employee is unable to perform his or her duties due to a catastrophic illness, including maternity purposes.

(d) An employee may be eligible for catastrophic leave when:

1. (1)

   1. (A) The employee has been employed by the state for one (1) year or more or was previously employed by a public school district or state-supported institution of higher education for one (1) year or more.

   2. (B) A person who was employed by a public school district or state-supported institution of higher education for less than one (1) year also is eligible for catastrophic leave if:

      1. (i) The person’s combined years of employment with the state and with a public school district or state-supported institution of higher education totals more than one (1) year; and

      2. (ii) The lapse in the person’s employment between the state and a public school district or state-supported institution of higher education is less than six (6) months;

2. (2) The employee is female, and the catastrophic leave is to be used for maternity purposes after:

   1. (A) The birth of the employee’s biological child; or

   2. (B) The placement of an adoptive child in the home of the employee;

3. (3)

   1. (A) At the onset of the illness or injury the employee had to his or her credit at least eighty (80) hours of combined sick and annual leave and has exhausted all such leave, unless the combined sick and annual leave requirement is waived under subdivision (d)(3)(B) of this section.

   2. (B) A state agency director or a president of an institution of higher education may waive the minimum eighty-hour requirement for combined sick and annual leave if the agency director determines that the employee warrants eligibility because of extraordinary circumstances under the standards and guidelines promulgated under subdivision (g)(2) of this section;

   3. (C)

      1. (i) An employee on catastrophic leave for maternity purposes is not required to exhaust sick or annual leave before being granted catastrophic leave.

      2. (ii) An employee on catastrophic leave for maternity purposes does not accrue any leave;

4. (4) An acceptable medical certificate from a physician supporting the continued absence is on file; and

5. (5) The employee has not been disciplined for any leave abuse during the past year from the time of application.

(e)

1. (1) Up to four (4) consecutive weeks of catastrophic leave with full pay may be granted to an employee for maternity purposes.

2. (2) The employee shall be eligible for the leave only within the first twelve (12) weeks after the birth or adoption of a child.

3. (3) After the expiration of the four (4) weeks of leave under subdivision (e)(1) of this section, maternity leave shall be treated as any other leave for sickness or disability under § 21-4-209.

4. (4) Catastrophic leave for maternity purposes shall run concurrently with the Family and Medical Leave Act of 1993, Pub. L. No. 103-3.

(f) If the illness or injury is that of an employee and is covered by workers’ compensation, the compensation based on catastrophic leave when combined with the weekly workers’ compensation benefit received by the employee shall not exceed the compensation being received by the employee at the onset of the illness or injury.

(g) The Secretary of the Department of Transformation and Shared Services, or the secretary’s designee, shall establish policies and procedures:

1. (1) As deemed necessary to carry out the provisions of this section; and

2. (2) To prescribe the standards and guidelines of the extraordinary circumstances that the state agency director or the president of an institution of higher education may use to waive the minimum requirement for combined sick and annual leave.