Judges: RICHARD P. IEYOUB
Filed Date: 11/10/1994
Status: Precedential
Modified Date: 7/5/2016
Dear Ms. Adams:
You requested the opinion of this office concerning whether the Lafourche Council on Aging (the "Council") could implement a policy whereby one employee of the Council could transfer sick or annual leave to another employee. The transfer would be voluntary on the part of the contributing employee who would have to request the transfer in writing, designating such leave be transferred to a specified employee who has exhausted their sick or annual leave.
This office has been advised that the Council has adopted a policy which allows employees to earn sick and annual leave up to a maximum number of days each.
The employees have a property interest in their accrued leave. When an employer promises a benefit to employees, and employees accept by their actions in meeting the conditions, the result is a vested right in the employee to the promised benefit. Knecht v. Board of Trustees for State Colleges and Universities, et al.,
As the leave is the property off the employee, the question then becomes, is this property which the employee can donate?
Our Civil Code, Article
Because it is a donation, the requirements of the Civil Code concerning donations must be followed. Civil Code article
There are numerous other provisions in the Civil Code setting forth the requirements for a valid donation, including Civil Code article
Trusting this adequately responds to your request, I remain
Yours very truly,
Richard P. Ieyoub Attorney General
By: Martha S. Hess Assistant Attorney General