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dfe083d7-item-4.g-catastrophic-leave-donation-policy

Fairfax City Council
April 15, 2026

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dfe083d7-item-4.g-catastrophic-leave-donation-policy
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April 15, 2026
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FAIRFAX TOWN COUNCIL MEETING

STAFF REPORT
AGENDA ITEM #4.G

MEETING DATE

PREPARED FOR

PREPARED BY

SUBJECT
April 15, 2026
Mayor and Town Council
Heather Abrams, Town Manager
Christine Foster, Assistant to the Town Manager/Deputy Town Clerk Adopt a Resolution Adopting Catastrophic Leave Donation Policy Establishing a Leave Donation Bank for Eligible Town Employees

RECOMMENDATION
Staff recommend that the Town Council adopt the Leave Donation Policy and authorize its incorporation into the Town’s comprehensive Personnel Policy update upon completion of labor negotiations.

EXECUTIVE SUMMARY
The proposed Catastrophic Leave Donation Policy establishes a formal process allowing employees to voluntarily donate accrued vacation leave to a centralized bank for use by eligible employees experiencing a qualifying medical emergency. This program is intended to provide structured, equitable support to employees facing extended unpaid leave due to serious health conditions. The policy will ultimately be incorporated into the Town’s updated Personnel Policy.

BACKGROUND
The Town’s existing Personnel Policy has not been comprehensively updated since 1991. As part of an ongoing effort to modernize personnel practices, the Town is developing policies that reflect current workplace standards and employee needs.

The proposed Catastrophic Leave Donation Policy formalizes a Leave Donation Bank and establishes clear eligibility criteria, administrative procedures, and safeguards.

The draft policy defines a “medical emergency” as a serious condition affecting an employee or eligible family member that requires prolonged absence and results in loss of income after all leave balances are exhausted. Supporting forms have also been developed to standardize requests and donations.

DISCUSSION
The proposed policy introduces a structured and consistent approach to employee leave donations with the following key features:
• Centralized Leave Bank: Donations are pooled and distributed based on eligibility, rather than directed to specific individuals, ensuring fairness and confidentiality. • Eligibility Standards: Employees must meet defined criteria to donate or receive leave, including minimum service requirements and exhaustion of available leave balances. 2 • Administrative Oversight: The Town Manager or designee reviews and approves requests within a defined timeframe, ensuring consistent application of the policy. • Confidentiality and Voluntariness: Donations are anonymous, voluntary, and irrevocable, reducing workplace pressure and protecting employee privacy. • Financial Equity: Donated leave is converted based on the donor’s pay rate and distributed based on the recipient’s pay rate, allowing equitable use of donated value .

Benefits:
• Provides financial support to employees during medical emergencies • Promotes workplace morale and mutual aid
• Establishes clear, transparent procedures
• Aligns with common public-sector employment practices The policy is consistent with the Town’s goal of modernizing personnel practices and improving employee support systems.

FISCAL IMPACT
There is no direct fiscal impact associated with adopting the policy. Donated leave consists of existing accrued employee benefits. Administrative implementation can be managed within existing staff resources.

ATTACHMENTS
A. Proposed Leave Donation Policy
B. Resolution

T O W N O F F A I R F A X
142 BOLINAS ROAD, FAIRFAX, CALIFORNIA 94930
PHONE (415) 453 - 1584 / FAX (415) 453 - 1618

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ADOPTED:

ATTACHMENT A

LEAVE DONATION POLICY

PURPOSE
Employees of the Town have historically joined together to help their fellow employees in times of crisis. Medical emergencies can create serious financial hardship for employees and their families when the employee has exhausted all accumulated leave time on the books, but remains off work due to a medical emergency. Thus, the purpose for creating a leave donation program is to provide an opportunity for employees to donate leave time to assist co-workers who are on approved leave and facing leave-without-pay status in the event of a medical emergency, and to provide an opportunity for eligible employees to receive the donated leave when facing a medical emergency.

Donated paid leave is a source of potential wage replacement only, and is separate and apart from whether the employee in question is eligible for any approved leave itself. Availability of donated paid leave does not guarantee approved leave; an employee’s eligibility for approved leave is a separate issue subject to applicable law and Town policy.

The Town shall establish a Leave Donation Bank to which eligible employees may donate earned and unused vacation leave. Donations made to the Leave Donation Bank shall be confidential, strictly voluntary, and are irrevocable. A donation to the Leave Donation Bank shall be a general donation and shall not be donated to a specific employee for his or her exclusive use. Donation guidelines, recipient qualifications, and procedures for requesting leave are provided in this Policy.

DEFINITIONS
MEDICAL EMERGENCY: “Medical Emergency” is defined as a medical condition of an employee or a family member of the employee that will require the prolonged absence of the employee from his or her position and will result in a substantial loss of income to the employee because the employee will have exhausted all paid leave availability apart from leave available from the Leave Donation Bank.

ELIGIBLE FAMILY: For purposes of this Policy, the employee’s “Eligible Family Members” shall consist of spouse or registered domestic partner, child(ren) of any age (including stepchildren), and parents.

LEAVE: “Leave” that may be donated to the Leave Donation Bank includes accrued vacation. Sick leave is not eligible for donation.

REGULAR EMPLOYEE: For purposes of this policy, a “Regular Employee” is defined as a full-time or part-time employee with the Town.

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ADOPTED:

DONOR QUALIFICATIONS
An employee must meet all of the following qualifications in order to make an irrevocable donation to the Leave Donation Bank (via a Leave Donation Form):
 Regular Employee must be in an employment position with the Town. Both full and parttime employees may donate.  Regular Employees must have a minimum of at least 40 hours of vacation after donating leave time.

MINIMUM / MAXIMUM DONATION
The minimum amount of Leave that may be donated is one hour (vacation leave only).

An employee may not donate more than the maximum amount of vacation leave that he or she normally accrues in one calendar year and must have a minimum balance of at least 40 hours of vacation remaining after the donation.

CONVERSION OF LEAVE
Leave donations will be converted to banked hours based on the donor’s rate of pay at the time of donation and the Leave Donation Bank will be maintained based on the monetary value of hours donated. For example, if an employee who makes $100/hour donates one hour of leave, an employee who makes $20 can receive 5 hours of Leave from the value of the donation.

All donations to the Leave Donation Bank shall remain confidential, are strictly voluntary and are irrevocable.

RECIPIENT QUALIFICATIONS
Any Regular Employee who has been employed by the Town for a minimum of one (1) year and who is suffering from a Medical Emergency, or whose eligible Family Member is suffering from a Medical Emergency, is eligible to apply for leave from the Leave Donation Bank to provide a source of wage replacement during an approved leave of absence. Eligibility to receive leave hours from the Leave Donation Bank for wage replacement, however, does not guarantee or entitle any employee to an approved or job-protected leave of absence.

The employee must have exhausted all of his or her accrued leave time, in order to be eligible to receive donated Leave.

The employee must use all paid time off (including vacation and sick leave) that he or she continues to accrue on a monthly basis before receiving Leave hours that have been donated to the Leave Donation Bank. Donated Leave hours are paid at the recipient employee’s regular rate of pay.

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ADOPTED:

Any employee requesting Leave must provide the Town with written verification of the Medical Emergency from a health care provider that includes the following: (1) verification of the Medical Emergency of the employee or eligible Family Member; (2) the degree of the Medical Emergency; and (3) the anticipated length of the Medical Emergency.

PROCEDURE FOR APPROVAL OF LEAVE DONATION
All requests for donated Leave shall be presented in writing (via a Leave Donation Request Form) to the Town Manager or designee. All requests shall remain confidential. The Town shall provide all eligible employees with a copy of this Policy and a Leave Donation Bank Request Form.

An employee’s request for donated Leave benefits shall be reviewed and approved or disapproved by the Town Manager or designee within seven business days of receipt. Decisions will be made using all relevant facts. The employee will be notified in writing of the determination.

The Town Manager or designee’s decision to deny an employee’s request for Leave benefits is final and not subject to any grievance procedure.

The criteria used for making the decision will be based on the definitions in this policy. For example, open heart surgery, cancer, massive injuries requiring a long recuperation, or an injury or illness that prevents the employee from performing his or her usual and customary job duties for an extended period of time as a direct result of the injury or illness would be considered a Medical Emergency.

Employees donating, requesting, or receiving Leave benefits under this policy shall hold the Town harmless from any and all claims, attorney’s fees, judgments, costs, or settlements arising from the administration of this section.

RETURNING EXCESS LEAVE/EXTENSION OF ABSENCE
If an employee does not use the entire amount of donated Leave for a Medical Emergency prior to returning to work, the remaining donated Leave will be returned to the Leave Donation Bank (and will remain there for future use by an eligible employee) and not retained by the employee.

An employee should notify the Town as soon as possible if he or she feels they will not be able to return as scheduled from leave. Additional leave options will be explored with the employee.

REQUEST FOR GRANT OF LEAVE DONATION
ADOPTED:

T O W N O F F A I R F A X
142 BOLINAS ROAD, FAIRFAX, CALIFORNIA 94930
PHONE (415) 453 - 1584 / FAX (415) 453 - 1618

REQUEST FOR GRANT OF LEAVE DONATION
Employee Name (Please print): ________________________________________________________________________________ Employee Title: ___________________________________________________________________________________________________ Date of Hire: _______________________________________________________________________________________________________ Period of time for which Leave Donation Time is being requested:
to
Day/Month/Year Day/Month/Year
I am hereby applying for a grant of accrued donated leave from the Town’s Leave Donation Bank.

Reason for the Request(describe the conditions surrounding the request). If additional space is needed, please use the reverse side of this form. Please attach Medical Provider’s Certification for yourself or your family member, which indicates the existence of a serious health condition, the anticipated duration of said condition, and the requirements for care of a family member (if applicable). You are not required to provide any medical diagnosis.

By signing below, I understand, agree and consent that documents and information related to my leave history will be reviewed by the Town Manager or designee in conjunction with this request for a grant of leave donation. I understand that I may not inquire as to who has, and who has not, contributed, nor may I solicit or encourage anyone to donate. I also understand that any contribution is and shall remain anonymous and confidential.

Employee Signature Date
Please return this completed form and the required Medical Provider’s Certification to the Town Manager or designee
Town Management Section
Has the employee exhausted sick leave? Yes __ No____ (Balance ) Has the employee exhausted vacation? Yes __ No____ (Balance ) Has the employee exhausted all other paid Yes __ No____ (Balance )

REQUEST FOR GRANT OF LEAVE DONATION
ADOPTED:

Is the employee eligible for SDI? Yes No (Benefit amt. ) Is the employee eligible for PFL? Yes __ No____ (Benefit amt. ) Is the employee eligible for LTD? Yes __ No____ (Benefit amt. ) Special Considerations:

MEDICAL PROVIDER’S CERTIFICATION
Medical Provider,
I am requesting a donation of paid leave time from my employer, the Town of Fairfax (“Town”). In order to be eligible, certification from my medical care provider, or the medical care provider of the family member, is required to document the duration of the medical leave and the seriousness and debilitating nature of the illness.

Providing the Town with the information requested in this certification will enable the Town to determine my eligibility for donated leave under the Town’s program. The information may be provided by completing this form, or by providing the information requested in another format.

Provide the completed documentation to me and I will submit it with my request. Please do not reveal a medical diagnosis on this form.

Employee Name: ___________________________________________________________________________________________________ Employee Signature: ___________________________________________________ Date:________________________________________

1. This leave is a result of a medical condition or injury to the:

Employee ____ Immediate family member of the employee ____

1. The anticipated duration of the medical condition or injury:

From ___________________________ To ___________________________

2. I would describe this medical condition or injury as serious and debilitating:

Yes ____________________ No________________

3. If this leave is for the employee to care for an immediate family member, what are the requirements for the employee to care for the family member?

REQUEST FOR GRANT OF LEAVE DONATION
ADOPTED:

Name of Medical Provider: _________________________________________________ Specialty of Medical Provider: ______________________________________________ Signature:___________________________________________ Date:____________________________

LEAVE DONATION FORM
ADOPTED:

T O W N O F F A I R F A X
142 BOLINAS ROAD, FAIRFAX, CALIFORNIA 94930
PHONE (415) 453 - 1584 / FAX (415) 453 - 1618

LEAVE DONATION FORM
The Leave Donation Program (Program) made available to Town of Fairfax employees was created to provide an opportunity for employees who wish, without solicitation, to anonymously assist co-workers and their families in time of great need by donating vacation leave hours. This form memorializes an employee’s formal, irrevocable request to provide a donation of vacation hours.

VACATION LEAVE DONATION
I would like to donate Vacation Leave: hours (Min. 1 hour) My Post-Donation Leave Balance Will Be hours (Min. 40 hours) Employees who wish to donate vacation must donate a minimum of 1 hour. Employees must maintain a minimum vacation leave balance of at least 40 vacation leave hours after donating.

By your use of this form, you affirm you have read, understand, and agree to the terms of the Program. • I am eligible to donate vacation leave hours pursuant to the terms of the Program. • I understand that my donation is unsolicited, confidential, strictly voluntary, and irrevocable. • I understand that I am making a general donation and cannot earmark for a specific person, but that such funds shall be provided only to qualifying eligible recipients who are experiencing a qualifying event.
• I have carefully considered my personal situation and family needs before donating my leave time.

Employee’s Signature Date
Town Manager or Designee Date
Your contribution is and shall remain anonymous and confidential. You may not inquire as to who has, and who has not, contributed, nor may you verbally solicit or encourage others to donate.

Town of Fairfax ATTACHMENT B
Resolution No.

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RESOLUTION

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX ADOPTING

A CATASTROPHIC LEAVE DONATION POLICY AND ESTABLISHING A LEAVE

DONATION BANK FOR ELIGIBLE EMPLOYEES
WHEREAS, the Town Council of the Town of Fairfax seeks to modernize its personnel policies to reflect current workplace standards and employee needs; and WHEREAS, the Town’s existing Personnel Policy has not been comprehensively updated since 1991; and
WHEREAS, employees may experience serious medical emergencies affecting themselves or eligible family members that require extended absences from work and may result in loss of income after exhaustion of accrued leave; and WHEREAS, the proposed Catastrophic Leave Donation Policy establishes a structured and equitable process by which employees may voluntarily donate accrued vacation leave to a centralized Leave Donation Bank to assist eligible employees experiencing such medical emergencies; and
WHEREAS, the policy provides clear eligibility criteria, administrative procedures, and safeguards, including confidentiality, voluntariness, and equitable distribution of donated leave; and
WHEREAS, the policy ensures that donations are pooled and distributed based on need rather than directed to specific individuals, promoting fairness and protecting employee privacy; and
WHEREAS, the policy assigns administrative oversight to the Town Manager or designee to ensure consistent and timely review of requests; and WHEREAS, adoption of the policy will provide financial support to employees during times of hardship, promote workplace morale, and align the Town with common publicsector employment practices; and WHEREAS, there is no direct fiscal impact associated with adoption of the policy, as donated leave consists of existing accrued employee benefits and can be administered within current staffing resources;
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Fairfax hereby adopts the Catastrophic Leave Donation Policy establishing a Leave Donation Bank for eligible Town employees; and
BE IT FURTHER RESOLVED that the Town Council authorizes incorporation of the Catastrophic Leave Donation Policy into the Town’s comprehensive Personnel Policy; and
Town of Fairfax ATTACHMENT B
Resolution No.

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BE IT FURTHER RESOLVED that the Town Manager or designee is authorized to implement and administer the policy in accordance with its terms.

PASSED, APPROVED, AND ADOPTED by the Town Council of the Town of Fairfax on this 15th day of April, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
____________________________ _______________________________

STEPHANIE HELLMAN CHRISTINE FOSTER

MAYOR DEPUTY TOWN CLERK

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