11.5 Earning of Annual and Sick Leave.

(a) Annual and sick leave shall be earned by each full-time and each part-time employee who has a regular tour of duty, except that no employee shall earn annual or sick leave while serving on restricted appointment or while using leave from an agency leave pool as defined in Rule 11.34.

(b) The earning of such leave shall be based on the equivalent of years of full-time State service and shall be creditable at the end of each calendar month or at the end of each regular pay period in accordance with the following general schedule:

1. Less than three years of service, at the rate of .0461 hour of annual leave and .0461 hour of sick leave for each hour of regular duty.

2. Three years but less than five years of service, at the rate of .0576 hour of annual leave and .0576 hour of sick leave for each hour of regular duty.

3. Five years but less than ten years of service, at the rate of .0692 hour of annual leave and .0692 hour of sick leave for each hour of regular duty.

4. Ten years but less than fifteen years of service, at the rate of .0807 hour of annual leave and .0807 hour of sick leave for each hour of regular duty.

5. Fifteen or more years of service, at the rate of .0923 hour of annual leave and .0923 hour of sick leave for each hour of regular duty.

(d) No employee shall be credited with annual or sick leave

1. For any overtime hour.

2. For any hour of leave without pay.

3. Repealed 9/13/2006.

4. For any hour in on-call status outside his regular duty hours as defined in Rules 11.1 and 11.2.

5. For any hour of travel or other activity outside his regular duty hours as defined in Rules 11.1 and 11.2.

6. For any hour of a holiday or other non-work day which occurs while he is on leave without pay.

11.6 Carrying Leave Forward.

(a) Accrued unused annual and sick leave earned by an employee shall be carried forward to succeeding calendar years.

(b) Repealed, effective March 15, 1973.

11.7 Use of Annual Leave.

(a) Annual leave must be applied for by the employee and may be used only when approved by the appointing authority or his designated representative.

(b) Annual leave shall not be charged for non-work days.

(c) Each appointing authority shall select a method to charge the annual leave records of all employees. The minimum charge to annual leave records shall be not less than one-tenth hour (6 minutes) nor more than one-half hour.

(d) The appointing authority shall use the same method for charging to leave records for both annual and sick leave.

11.8 Repealed, effective December 17, 1957.

11.9 Enforced Annual Leave.

(a) Subject to subsection (b) hereof, and military leave provisions in Rule 11.26, an appointing authority may require an employee to take annual leave whenever in his administrative judgment such action would be in the best interest of the Department.

(b) No employee shall be required to reduce his accrued annual leave to less than 240 hours except;

(1) prior to being granted leave without pay, but subject to the right granted the employee by the military leave provisions of these rules; or,

(2) where it is determined that the need to be absent from work is because of a condition covered by the United States Family and Medical Leave Act.

(3) if the leave is required during closures in accordance with Rule 17.1(b) as a layoff avoidance measure.

11.10 Payment for Annual Leave Upon Separation.

(a) Subject to Rule 11.18(a) and sub-section (b) of this rule, each employee upon separation from the classified service shall be paid the value of his accrued annual leave in a lump sum disregarding any final fraction of an hour; provided, that the privileges of this rule shall not extend to any employee who is dismissed for theft of agency funds or property. The payment for such leave shall be computed as follows:

1. When an employee is paid wages on an hourly basis, multiply his regular hourly rate by the number of hours of accrued annual leave.

2. When an employee is paid on other than an hourly basis, determine his hourly rate by converting his salary in accordance with provisions in the uniform pay plan for conversion to a working hourly rate. Multiply his converted hourly rate by the number of hours of accrued annual leave.

(b) No terminal payment for annual leave earned under these Rules shall exceed the value of 300 hours, computed on the basis of the employee's hourly rate of pay (includes base supplement) at the time of his separation. The hourly rate of pay for employees who are on detail shall not include the employee’s pay in the detail position.

(c) No payment for annual leave under this Rule shall operate to continue the payee as a classified employee beyond the last day of active duty.

(d) Payment for annual leave earned under administrative rules or regulations in effect prior to July 1, 1953 may be made upon separation in accord with such rules or regulations.

(e) When an employee who has been paid under this Rule for accumulated annual leave is reemployed in a classified position, he shall pay the Department which reemploys him the value of such annual leave at the rate paid him less the value of working hours for which he has been paid which intervene between the last day worked and the date of reemployment and shall be given credit for the number of hours of annual leave for which he has made reimbursement, except when:

1. an employee returns to work for the first time after retirement or

2. an employee is rehired into a job appointment or non-leave earning position, he/she shall not be required to make reimbursement.

(f) Repealed and reenacted as Sub-section (d)6 of Rule 11.5, effective July 1, 1973.

(g) Repealed, effective June 8, 1983.

11.10.1 Payment for Sick Leave When Employee Is Non-disciplinarily Removed under Rule 12.6(a)1

When an employee is removed in accordance with Rule 12.6 (a)1, he shall be paid the value of his accrued sick leave in a lump sum, based on his regular hourly rate of pay, unless he is reemployed in probational or permanent status in the classified state service or is reemployed in the unclassified service, without a break in service of one or more working days, in which cases the sick leave will transfer to the employing agency.

11.11 Repealed, effective December 17, 1957.

11.12 Repealed, effective December 17, 1957.

11.13 Use of Sick Leave.

(a) Sick leave may be utilized by an employee who has sufficient leave to his credit for necessary absence from duty because of:

1. Illness or injury which prevents him from performing his usual duties.

2. Medical, dental, or optical consultation or treatment.

3. Repealed, effective January 1, 1963.

(b) Sick leave shall not be charged for non-work days.

(c) Each appointing authority shall select a method to charge the sick leave records of all employees. The minimum charge to sick leave records shall be not less than one-tenth hour (6 minutes) nor more than one-half hour.

(d) Repealed, effective June 30, 1972.

(e) The appointing authority shall use the same method for charging to leave records for both annual and sick leave.

11.13.1 Enforced Sick Leave

An appointing authority may place an employee on sick leave when the employee asserts the need to be absent from the work place because of the employee's illness or injury.

11.14 Certificate Required When Sick Leave Taken.

An employee who has taken sick leave shall file with his appointing authority a certificate stating the cause of his absence and the amount of time taken. The appointing authority may require a statement from a registered physician or some other acceptable proof that the employee was ill and unable to report to work.

11.15 Repealed, effective July 11, 1984.

11.16 Repealed, effective December 17, 1957.

11.17 Repealed, effective December 17, 1957.

11.18 Cancellation or Continuance of Annual and Sick Leave.

(a) When an employee separates from the state classified service, all accrued annual leave except that which must be paid and all accrued sick leave except that which must be paid under Rule 11.10.1 shall be cancelled; however, if the employee is reemployed in probational or permanent status in the classified service or is reemployed in the unclassified service without a break in service of one or more working days, all of the employee's annual and sick leave shall be transferred to the employing agency.

(b) Subject to the provisions of Rule 11.19, when a former employee is reemployed with permanent or probationary status within 5 years of his separation, all accrued annual and sick leave that was cancelled upon separation shall be recredited to him; provided, that the privileges of this Rule shall not extend to an employee whose last separation was by dismissal or resignation to avoid dismissal.

(d) Repealed, effective August 5, 1992.

(e) Repealed, effective August 5, 1992.

11.19 Transferring Annual and Sick Leave Between Departments.

(a) Repealed, effective July 1, 1973.

(b) Subject to the provisions of Subsection (c) of this Rule, all annual leave accrued by an employee for which he is not paid and all sick leave accrued by him whenever he changes from employment in one department to employment in another department within a period of thirty calendar days shall be certified by his former department to the other department and shall be credited to the employee.

(c) All annual leave accrued by an employee for which he was not paid and all sick leave accrued by him at time of separation to enter military service shall be credited to him upon his reemployment in a classified position following such military service.

(d) The annual and sick leave credits of a state employee, earned under the provisions of a formal system of leave accrual and use, or employed by an entity that employs state classified employees on a regular basis, who enters the Classified Service, shall be certified and credited in the same manner as provided in this rule for classified employees.

11.20 Repealed, effective December 17, 1957.