Sick leave bank created for one employee

Summary#

H-5686, “An Act establishing a sick leave bank for Gina Dellagatta, an employee of the department of mental health,” would create a sick-leave bank for one named Department of Mental Health employee. Its stated goal is to establish the bank promptly; the bill does not create a general sick-leave program.

  • The Department of Mental Health must establish the bank.
  • Any department employee may voluntarily contribute one or more sick, personal, or vacation days. No one is required to contribute.
  • Gina Dellagatta may use bank days only for absences related to the illness or disability that led to the bank’s creation, as determined by the department.
  • If she leaves the department or asks to dissolve the bank, remaining time must be transferred to an extended illness leave bank.
  • The supplied status fields conflict: one says “Senate concurred,” while another says “Introduced.” Whether the bill has passed or taken effect is unclear.

What it means for you#

  • Gina Dellagatta: The bill would make donated leave available to her for the specified illness- or disability-related absences, subject to the department’s determination.
  • Department of Mental Health employees: You may donate one or more sick, personal, or vacation days, but the bill does not require you to do so.
  • Department of Mental Health: It must set up the bank and determine whether an absence is related to the illness or disability that necessitated it.
  • Other employees and the public: The bill does not directly change anyone else’s leave rights or create a bank for other employees.
  • The supplied material does not include current law, so I cannot verify how this bank would interact with existing department leave policies or the existing extended illness leave bank.

Money#

No cost estimate is available in the supplied material.

  • The bill does not appropriate money or set a fee. It allows donated leave time to be used.
  • The department must establish the bank and make the related determination, but the bill gives no staffing or administrative cost.
  • Paid leave may have an employer cost when used; the bill provides no estimate.

What is unclear#

  • The bill does not set rules for donating, tracking, or using days, or say whether there is a limit on donations or use.
  • It does not define the illness or disability, or set a process to challenge the department’s determination.
  • It does not say which extended illness leave bank receives unused time or what rules apply to that bank.
  • It does not give a start date beyond declaring the bill an emergency law.
  • The supplied material does not establish whether the bill has become law.

Case for#

  • The bill appears intended to let coworkers voluntarily pool leave for a named employee facing illness- or disability-related absences.
  • Restricting use to absences related to the condition that led to the bank gives the leave a stated purpose.
  • Voluntary contributions mean department employees are not required to give up leave.

Case against#

  • The bill does not set donation or use limits, so the amount of leave available and the bank’s operation are unclear.
  • The department decides whether absences qualify, but the bill gives no review or appeal process.
  • The bill requires department action but provides no cost estimate or detail on how the department will administer the bank.