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Commissioners deny county PTO donation practice, allow unpaid leave at department heads’ discretion

2338028 · February 18, 2025
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Summary

Following legal advice, the board voted to discontinue the county’s informal practice of employees donating paid time off to coworkers and directed department heads to consider unpaid leave requests; the motion passed 3-0.

County legal counsel advised the Morgan County commissioners that an informal practice permitting employees to donate paid time off (PTO) to other employees lacks legal authorization and could expose recipients to liability. The board followed legal advice and voted to discontinue the PTO-donation practice.

Personnel staff member Drey Fry presented a request from a county employee who needed unpaid time to care for a parent in hospice; the staffer had asked whether colleagues could donate accrued leave to cover the absence. County legal counsel said the practice has occurred in the past but is not authorized by law and recommended the board discontinue it, noting possible legal risks for recipients.

The board discussed options for preserving employment status for the affected employee. Commissioner Collier moved to deny approval of PTO donations and to leave unpaid-time decisions to the department head; the motion was seconded and approved by voice vote 3-0.

Commissioners asked that department heads consider whether unpaid leave can be granted to hold positions when employees have qualifying family-care needs, but staff cautioned that if an employee cannot perform essential duties for an extended period the department may need to fill the position. The action preserves departmental discretion for unpaid leave while ending the county’s prior PTO-donation practice.