Arkansas § 14-42-123 - Uniform catastrophic leave program — Definition.

§ 14-42-123. Uniform catastrophic leave program — Definition.

As used in this section, “municipality” means a city of the first class, a city of the second class, or an incorporated town. A municipality may develop, implement, and maintain a catastrophic leave program by ordinance. A municipal employee may irrevocably donate his or her accrued leave to a catastrophic leave program at the option of the municipal employee. A municipality may create a “presumptive illness list” of illnesses that are presumed to qualify for catastrophic leave, if the municipality creates the list based on peer-reviewed scientific data. Catastrophic leave with pay may be granted to a municipal employee if the municipal employee is unable to perform his or her duties due to a catastrophic illness and is, or is reasonably expected to be, on leave without pay as a result of the need for catastrophic leave. A municipal employee may be eligible for catastrophic leave under this section if the municipal employee: Works full time; Has been employed by the municipality for the immediately preceding five (5) consecutive years or more in a full-time position, unless the municipality determines a shorter term of years is appropriate; Has exhausted all available leave time; An acceptable medical certificate from a physician supporting the continuing absence is on file and includes without limitation an approximate date of return. A municipality may require a municipal employee to receive more than one (1) physician opinion; and Has not been disciplined or counseled for an abuse of leave during the immediately preceding five (5) years. Unless the municipality determines otherwise, catastrophic leave is not available to a municipal employee under this section if the municipal employee has applied for catastrophic leave as a result of an illness or injury that is covered by workers' compensation benefits under applicable law. Catastrophic leave under this section shall: Run concurrently with the Family and Medical Leave Act of 1993, Pub. L. No. 103-3; Be donated and taken in one-hour increments and donated or applied for on approved forms; Not be awarded retroactively; and Be awarded only if catastrophic leave is available in the municipality's catastrophic leave program.