Leave

This section will describe the most common types of leave used by an employee.  All leave issues are covered in Chapter 11 of the Civil Service Rules. 

Annual Leave

Each agency has a policy governing the agency’s procedure for requesting annual leave.   Employees are urged to become familiar with their agency’s policy since compliance with an agency’s attendance and leave policy is often an important factor in an employee’s performance appraisal.  

Annual leave cannot be denied when needed for a valid Family and Medical Leave (FMLA). 

Accrued annual leave moves with an employee if the employee transfers from one agency to another.  In addition, if the employee leaves state service altogether, the employee will be paid for his/her annual leave balance, up to a maximum of 300 hours.    The annual leave payment is prohibited in rare circumstances when an employee has been dismissed for theft of agency funds or property.   

Any annual leave balance for which an employee has not been paid remains “on the books” for a period of five years, and is re-credited to an employee who is rehired into state service within that time period.

There are conditions under which an annual leave payment may have to be repaid by the employee if the employee is rehired into state service within a short period of time.    Employees are therefore urged to make any future plans clear to their employer before leaving the agency, since doing so can help the employee avoid having to make the repayment.

There are retirement benefits that an employee may receive for his/her unused accrued annual leave balance upon retirement.    Employees are urged to contact their agency Human Resources Office to become familiar with these benefits.

Sick Leave

Sick leave is used for an employee’s own illness, disability, medical appointment, or treatment.  The Civil Service rules do not permit an employee’s use of personal sick leave to care for sick family members or for personal business or vacation.  An employer cannot deny the use of sick leave when it has been accrued and the employee presents a legitimate request in accordance with the agency’s request process

An agency does retain the right to ask an employee to provide certification from a medical provider of the need for the sick leave.  This certification is not necessarily required for each use of sick leave, but it can be requested at any time. 

As with annual leave, accrued sick leave moves with an employee who moves from one agency to another.  Also, there are retirement benefits an employee may receive for unused accrued sick leave balance when he/she retires.   Unlike annual leave, however, unused sick leave is NOT paid to an employee upon resignation from state service.    However, the sick leave balance remains “on the books” for a period of five years, and is re-credited to the employee if he/she is rehired into state service during that time.

There is a cap on the number of hours of compensatory leave that an employee can carry over to a new fiscal year.  Also, compensatory leave does not transfer from one agency to another.  However, in some circumstances, employees may be paid for some or all of their compensatory leave when they leave the agency in which it was earned.  

Employees are urged to contact their agency’s Human Resources Office for more information regarding compensatory leave, including the agency’s policy and procedure for earning and using compensatory leave. 

Agencies usually have a policy describing how they will apply the provisions of the Funeral Leave rule.     Employees are urged to become familiar with their agency’s policy on the use of funeral leave.

The provisions of this rule apply to members of a Reserve Component of the Armed Forces of the United States who are called to duty for military purposes, and to members of National Guard Units which are called to active duty as a result of a non-local or non-state emergency.   IMPORTANT NOTE:    Leave for National Guard Units called to active duty as a result of a state or local emergency is not included in Rule 11.26 Military Leave, but instead is covered as Civil, Emergency and Special Leave under Civil Service rule 11.23.

• PAID MILITARY LEAVE - Employees serving on job appointment, provisional, probational or permanent status receive receive up to 15 working days of paid military leave each calendar year.

• USE OF PERSONAL LEAVE IS ALLOWED  - Employees who have compensatory leave and/or annual leave who request to use such leave for additional periods of military service (beyond the 15 days of paid leave per year) shall be granted the use of such leave.

• APPROVED LEAVE WITHOUT PAY - Employees who have exhausted their 15-days of paid military leave, and who do not have compensatory / annual leave, or who do not want to use their compensatory / annual leave, must be granted leave without pay while serving, for a period that does not exceed six years.

• PAY DIFFERENTIAL WHILE ON LEAVE WITHOUT PAY - Employees who have exhausted their 15 days of paid military leave in a calendar year, who are placed on leave without pay for the remainder of their service, AND whose military pay is less than the employee’s state base pay, are entitled to receive the difference between their military base pay and their state pay.  This provision of the rules was adopted to try to ensure that the employee and his/her family continue to receive an equivalent level of income while the employee is serving.

• An employee who elects to use his compensatory and/or annual leave (rather than leave without pay) is not eligible for this pay differential until such time as the employee is placed on leave without pay.

For additional information, please contact your Human Resources office.

 

An employee serving with job appointment, probationary or permanent status shall be given time off without loss of pay, annual leave, or sick leave when:

• Performing jury duty

• Summoned to appear as a witness before a court, grand jury, or other public body or commission.  However, special leave cannot be granted if the employee is the plaintiff or defendant or the employee has been summoned as a witness as a result of employment other than his/her state job.

• Performing emergency civilian duty in relation to national defense. 

• His appointing authority determines that he is prevented by an act of God from performing duty.

• Participating in a Civil Service exam or other job-required licensing exam on a regular work day. 

• The employee is a member of the National Guard and is ordered to active duty incident to a local emergency.

There are other, less-used provisions of this Rule.    Contact your Human Resources Office for assistance in determining if any particular situation falls under the “special” leave provisions of Civil Service rule 11.23.