Paying Recipients of Donated Leave


Donated leave is wages for the recipient employee according to the IRS, Revenue Ruling 90-29. Consequently, wage-based deductions are taken from leave donations except for State retirement deductions since the leave donation law prohibits service credit from being granted during periods when donated leave is used. However, since the object of the leave donation program is to replace “take-home” pay, gross pay is adjusted to account for the retirement exception, and payments of donated leave are processed as payroll as described below.
Once you have received approved leave donations for an eligible recipient employee, you should calculate the recipient employee's adjusted gross pay for a regular pay period by subtracting the employee's usual State retirement deduction from his or her usual gross pay for the regular pay period (excluding overtime).
If there are donations at least equal to the recipient employee's adjusted gross pay for a pay period (or portion of a pay period if the employee's eligibility begins or ends prior to the end of a pay period), take the mandated deductions [except State retirement] and any other deductions authorized by the employee from the adjusted gross and process as payroll. The recipient employee's take-home pay should be the same (or within pennies of the same) as his or her take-home pay (excluding overtime) if he or she were at work or on paid leave. If the donations are less than the recipient employee's adjusted gross pay for a pay period, take the mandated deductions [except State retirement] and any other deductions authorized by the employee from the available donations and process them as payroll. If you pay the leave donations on a regular payroll, remember to zero out the retirement deduction.
NOTE: As you receive approved Applications to Donate Annual Leave or Inter-Agency Donation Forms, we recommend that you keep a ledger for each recipient that shows all donations received and payments made. Donations should be used in the order received (earliest to latest) from within the agency FIRST, then in the order received from outside the agency. Paying Inter-Agency Donations
1. If the recipient has been paid from inter-agency leave donations, request reimbursement from the donor employee's agency as follows: Complete Part II of the Inter-Agency Donation Form as follows:
  • Item 1. Indicate the date the leave donation was paid to the designated recipient.
  • Item 2. Indicate the amount of leave donation that was paid to the designated recipient and the amount of the employer's FICA match.
  • Item 3. Indicate the OASIS account information for the recipient (see page 7, number 9, "OASIS Account Information"), including the OASIS transaction number.
  • Item 4. Sign and print or type your name.
  • Item 5. Indicate your work phone number.

2. Send the Inter-Agency Donation Form to the contact person in the donor's agency (Part I, item 6).
When you receive an Inter-Agency Donation Form requesting reimbursement, process an expense-to-expense transfer using the appropriate OASIS account information (see page 8, number 9, "OASIS Account Information") and attach a copy of the Inter-Agency Donation Form.