No. 31788 (Amendment): R477-7. Leave

DAR File No.: 31788
Filed: 08/01/2008, 09:35
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

These amendments change leave rules to accommodate the Working 4 Utah initiative, making them feasible for a four-day workweek. Changes are also made to the order of subsections for greater clarity.

Summary of the rule or change:

Subsection R477-7-2(1) is changed to list holidays as "paid" rather than "designated legal" and Columbus Day is deleted from the list. Subsection R477-7-2(4)(c) is deleted and the rest of Subsection R477-7-2(4) is moved to become Subsection R477-7-2(2). New Subsection R477-7-2(2)(a) states that employees shall accrue ten rather than eight hours of paid leave. Subsection R477-7-2(2) is changed to explain Saturday and Sunday holidays, as well as holidays falling on scheduled days off. Subsection R477-7-3(3) is changed from eight to ten hours. Subsection R477-7-7(1)(c) changes authority of agency head to grant up to ten hours of administrative leave per occurrence. In Section R477-7-9, bereavement leave is changed from a maximum of 24 hours to three days. In Subsection R477-7-11(1), disaster relief volunteer leave is changed from 120 hours to 15 days.

State statutory or constitutional authorization for this rule:

Sections 34-43-103, 49-9-203, 63-13-2, 67-19-6, 67-19-12.9, 67-19-14, 67-19-14.2, and 67-19-14.4

Anticipated cost or savings to:

the state budget:

This rule change affects only the administrative aspects of leave usage, without fiscal impact in and of itself. However, it is expected to contribute to the implementation of the Working 4 Utah initiative which is anticipated to save the state approximately $3,000,000.

local governments:

This rule only affects the executive branch of state government and will have no fiscal impact on local governments.

small businesses and persons other than businesses:

This rule only affects the executive branch of state government and will have no impact on other persons.

Compliance costs for affected persons:

This rule only affects agencies of the executive branch of state government.

Comments by the department head on the fiscal impact the rule may have on businesses:

Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. Jeff Herring, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Resource Management
Administration
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

J.J. Acker or Pam Poulson at the above address, by phone at 801-537-9096 or 801-538-3761, by FAX at 801-538-3081 or 801-538-3081, or by Internet E-mail at [e-mail] or [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/15/2008

This rule may become effective on:

09/22/2008

Authorized by:

Jeff Herring, Executive Director

RULE TEXT

R477. Human Resource Management, Administration.

R477-7. Leave.

R477-7-2. Holiday Leave.

(1) The following dates are [designated legal]paid holidays for eligible employees:

(a) New Years Day -- January 1

(b) Dr. Martin Luther King Jr. Day -- third Monday of January

(c) Washington and Lincoln Day -- third Monday of February

(d) Memorial Day -- last Monday of May

(e) Independence Day -- July 4

(f) Pioneer Day -- July 24

(g) Labor Day -- first Monday of September

[(h) Columbus Day -- second Monday of October

]([i]h) Veterans' Day -- November 11

([j]i) Thanksgiving Day -- fourth Thursday of November

([k]j) Christmas Day -- December 25

([l]k) Any other day designated as a [legal]paid holiday by the Governor.

(2) The following employees are eligible to receive holiday leave:

(a) A full-time employee shall accrue ten hours of paid holiday leave on holidays.

(b) A part-time career service employee and a partner in a shared position who normally works 40 hours or more per pay period shall receive holiday leave in proportion to the hours paid in the pay period in which the holiday falls.

([2]3) If a holiday falls on a regularly scheduled day off, an eligible employee shall receive equivalent time off, not to exceed ten hours, or shall accrue excess hours.[If a holiday falls on a Sunday, the following Monday shall be observed as a holiday. If a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday.]

(a) If a holiday falls on a Sunday, and an employee is regularly scheduled to work on the following Monday, the following Monday shall be observed as a holiday.

(b) If a holiday falls on a Saturday, and an employee is regularly scheduled to work on the preceding Friday, the preceding Friday shall be observed as a holiday.

([3]4) If an employee is required to work on an observed holiday, the employee shall receive appropriate holiday leave, or shall accrue excess hours.[

(4) The following employees are eligible to receive holiday leave:

(a) A full-time employee shall accrue eight hours of paid holiday leave on holidays.

(b) A part-time career service employee and a partner in a shared position who normally works 40 hours or more per pay period shall receive holiday leave in proportion to the hours paid in the pay period in which the holiday falls.

(c) An employee working flex time, as defined in Section R477-8-2, shall receive a maximum of 88 hours of holiday leave in each calendar year. If the holiday falls on a regularly scheduled day off, a flex time employee shall receive an equivalent workday off, not to exceed eight hours, or shall accrue excess hours.]

(5) An employee receives holiday leave in proportion to the number of hours paid during the pay period in which the holiday falls.

(a) A new hire shall be in a paid status on or before the holiday in order to receive holiday leave.

(b) A separating employee shall be in a paid status on or after the holiday in order to receive holiday leave.

(c) An employee in a leave without pay status shall receive holiday leave in proportion to the time paid in the pay period in which the holiday falls.

 

R477-7-3. Annual Leave.

(1) An employee eligible for annual leave shall accrue leave based on the following years of state service:

(a) less than 5 years -- four hours per pay period;

(b) at least 5 and less than 10 years -- five hours per pay period;

(c) at least 10 and less than 20 years --six hours per pay period;

(d) 20 years or more -- seven hours per pay period.

(2) The accrual rate for an employee rehired to a position which receives leave benefits shall be based on all state employment in which the employee was eligible to accrue leave.

(3) The first [eight]ten hours of annual leave used by an employee in the calendar leave year shall be the employee's personal preference day.

(4) Agency management shall allow every employee the option to use annual leave each year for at least the amount accrued in the year.

(5) Unused accrued annual leave time in excess of 320 hours shall be forfeited during year end processing for each calendar year.

(6) The maximum annual leave accrual rate shall be granted to a certain employee under the following conditions:

(a) an employee described in Section 67-22-2, an employee in schedule AB, and agency deputy directors and division directors appointed to career service exempt positions.

(b) an employee who is schedule A, FLSA exempt and who has a direct reporting relationship to an elected official, executive director, deputy director, commissioner or board.

(c) The maximum accrual rate shall be effective from the day the employee is appointed through the duration of the appointment. Employees in these positions on July 1, 2003, shall have the leave accrual rate adjusted prospectively.

(d) The employee may not be eligible for any transfer of leave from other jurisdictions.

(e) Other provisions of leave shall apply as defined in Section R477-7-1.

 

R477-7-7. Administrative Leave.

(1) Administrative leave may be granted consistent with agency policy for the following reasons:

(a) administrative;

(i) governor approved holiday leave;

(ii) during management decisions that benefit the organization;

(iii) when no work is available due to unavoidable conditions or influences; or

(iv) other reasons consistent with agency policy.

(b) protected;

(i) suspension with pay pending hearing results;

(ii) personal decision making prior to discipline;

(iii) removal from adverse or hostile work environment situations;

(iv) fitness for duty or employee assistance; or

(v) other reasons consistent with agency policy.

(c) reward in lieu of cash;

(i) the agency head or designee may grant paid administrative leave up to [eight hours]one day per occurrence;

(ii) administrative leave in excess of [eight hours]one day may be granted with written approval by the agency head.

(iii) administrative leave given as a reward in lieu of cash may not exceed 40 hours in a fiscal year.

(iv) administrative leave given as a reward in lieu of cash may be given from one agency to employees of another agency if both agency heads agree in advance.

(d) student educational assistance.

(e) An employee who satisfies the criteria in this subsection shall be granted up to two hours of administrative leave to vote in an official election.

(i) The employee must:

(A) have fewer than three total hours off the job between the time the polls open and close, and;

(B) apply for the time in the previous 24 hours.

(ii) Management may specify the hours when the employee may be absent.

(f) Administrative leave shall be given for non-performance based purposes to employees who are on Family and Medical Leave or a military leave of absence if the leave would have been given had the employee been in a working status.

(2) With the exception of administrative leave used as a reward, as described in Subsection R477-7(1)(c), the agency head or designee may grant paid administrative leave up to ten consecutive working days per occurrence. Administrative leave in excess of ten consecutive working days per occurrence may be granted by the agency head.

(3) Administrative leave taken must be documented in the employee's leave record.

 

R477-7-9. Bereavement Leave.

An employee may receive a maximum of [24 hours]three days bereavement leave per occurrence with pay, at management's discretion, following the death of a member of the employee's immediate family. Bereavement leave may not be charged against accrued sick or annual leave.

(1) The immediate family means relatives of the employee or spouse including in-laws, step-relatives, or equivalent relationship as follows:

(a) spouse;

(b) parents;

(c) siblings;

(d) children;

(e) all levels of grandparents; or

(f) all levels of grandchildren.

 

R477-7-11. Disaster Relief Volunteer Leave.

(1) An employee may be granted leave from work with pay for an aggregate of 15 working days [or 120 work hours ]in any 12 month period to participate in disaster relief services for the American Red Cross. To request this leave an employee must be a certified disaster relief volunteer and file a written request with the employing agency. The request shall include:

(a) a copy of a written request for the employee's services from an official of the American Red Cross;

(b) the anticipated duration of the absence;

(c) the type of service the employee is to provide for the American Red Cross; and

(d) the nature and location of the disaster where the employee's services will be provided.

 

KEY: holidays, leave benefits, vacations

Date of Enactment or Last Substantive Amendment: [July 1, 2007]2008

Notice of Continuation: June 29, 2007

Authorizing, and Implemented or Interpreted Law: 34-43-103; 49-9-203; 63-13-2; 67-19-6; 67-19-12.9; 67-19-14; 67-19-14.2; 67-19-14.4