A. Catastrophic Illness Donation Program   

  Employees may contribute accrued vacation leave and/or accumulated compensatory time to a Sick Leave Bank that will be available to benefit another employee of the Nebraska Judicial Branch who is suffering from a catastrophic illness. Time shall be donated in no less than 4-hour increments. The contributing employee must identify the specific amount and type of time on forms provided by the AOCP for this purpose. Time donated by an employee pursuant to this provision shall be irrevocably added to the Sick Leave Bank. The provisions of this program are nongrievable. (Note: The time an employee receives becomes wages for employment tax purposes.) Employees who donate vacation leave or accumulated compensatory time to the Sick Leave Bank must sign an authorization form indicating such donation. 

  Employees who have exhausted their own paid leave because of a bona fide serious illness or injury and who have been absent at least 30 workdays during the past 6 months may apply for the use of leave that is available in the Sick Leave Bank.

Eligibility of Recipient

  1. The employee must be suffering a catastrophic illness or injury resulting in a prolonged absence lasting at least 30 work days during the past 6 months. Catastrophic condition is a major medical condition including but not limited to cancer, heart condition, organ transplant, and any other condition that limits an employee’s ability to work for an extended period of time. An employee may also qualify if his or her child, parent or spouse is suffering from a catastrophic illness or injury resulting in the employee’s prolonged absence of at least 30 work days during the past 6 months. (Note: This program is not intended for use to address ongoing chronic illness.)

  2. The employee must produce satisfactory medical verification.

  3. The employee must have completed the original provisional period with the Nebraska Judicial Branch.

  4. The employee must have exhausted all earned paid leave time including compensatory time, sick leave, and vacation leave.

  5. The employee must not have offered anything of value in exchange for the donation.

  6. No more than 6 months of donated leave may be received by an employee during a 12-month period.

  7. At such a time that the employee has exhausted all job protections provided by FMLA and other related policies and procedures and the employee remains unable to return to work, the employee will no longer be eligible for catastrophic leave donations.

Eligibility of Donor Employee

  1. Only vacation and compensatory time in increments of 8 4 hours may be donated.

  2. The employee must not have solicited nor accepted anything of value in exchange for the donation.

  3. The donating employee must have at least 40 hours of accrued vacation leave, after donating vacation leave.

B. Nebraska Supreme Court Maternity/Paternity Leave Donation (MPLD) Program. 

  When an expectant parent, due to a birth of a child has or will exhaust his/her own earned sick leave, the employee may request Maternity/Paternity Leave Donations for the period during which he/she qualifies for sick leave usage. Donated hours provided to the recipient will only be for the time they are qualified for sick leave use as certified by a health care provider. The expectant parent may be granted up to 80 hours of donated leave.

  MPLD is available in conjunction with an approved Family Medical Leave (FML) under the Family Medical Leave Act. The requirement of the FML may be waived by the State Court Administrator or Probation Administrator. MPLD requests require approval of the State Court Administrator or Probation Administrator or designee.

  Eligibility of Recipient. Employees shall meet the following criteria before request(s) for donations can be made:

• Be the expectant parent of a newborn baby
• FML request has been approved or waiver is granted
• Have exhausted all earned sick leave
• Have not offered anything of value in exchange for the donation

  Requesting Maternity/Paternity Medical Leave Donations. Employees must submit a written request for MPLD to the Personnel Administrator. The request must include substantiating evidence as described in the Family Medical Leave Act. Personnel will initiate the process to verify eligibility, seek Administrator approval, request donations, apply the conversion formula to donations received, advise the employee of donations received and make the appropriate payroll changes to receiving/donating employees’ leave balances. The receiving employee shall remain anonymous.

  Contributing Maternity/Paternity Medical Leave Donations. Employees may contribute accrued vacation leave and/or accumulated compensatory time, in no less than 4-hour increments, to a Sick Leave Bank that will be available to benefit another employee of the Nebraska Judicial Branch who qualifies for the MPLD program. The donating employee shall remain anonymous.

  Eligibility of the Donor. Before donating vacation leave, employees shall meet the following criteria:

• Only increments of 4 hours may be donated.
• Have not solicited nor accepted anything of value in exchange for the donation.
• Have remaining to his/her credit at least 40 hours of accrued vacation leave.

  Adoptive Parents. Adoptive parents may be entitled to use the MPLD program in certain situations. Adoptive parents must meet the eligibility requirements as outlined above.

  The provisions of this section are nongrievable.

Amended November 13, 2003; amended July 9, 2015; amended October 23, 2024, effective January 1, 2025.