R477-7-1. Conditions of Leave

  (1) An employee shall be eligible for a leave benefit when:

  (a) in a position designated by the agency as eligible for benefits; and

  (b) in a position which normally requires working a minimum of 40 hours per pay period.

  (2) An eligible employee shall accrue annual, sick and holiday leave in proportion to the time paid as determined by DHRM.

  (3) An employee shall use leave in no less than quarter hour increments.

  (4) An employee may not use annual, sick, or holiday leave before accrued. Leave accrued during a pay period may not be used until the following pay period.

  (5) An employee may not use annual leave, converted sick leave used as annual leave, or use excess or compensatory hours without advance approval by management.

  (6) Management may not require employees to maintain a minimum balance of accrued leave.

  (7) An employee may not use any type of leave except military and jury leave to accrue excess hours.

  (8) An employee transferring from one agency to another is entitled to transfer all accrued annual, sick, and converted sick leave to the new agency.

  (9) An employee separating from state service shall be paid in a lump sum for all annual leave and excess hours. An FLSA nonexempt employee shall also be paid in a lump sum for all compensatory hours.

  (a) An employee separating from state service for reasons other than retirement shall be paid in a lump sum for all converted sick leave.

  (b) Converted sick leave for a retiring employee shall be subject to Section R477-7-5.

  (c) Annual, sick and holiday leave may not be used or accrued after the last day worked, except for:

  (i) leave without pay;

  (ii) administrative leave specifically approved by management to be used after the last day worked;

  (iii) leave granted under the FMLA; or

  (iv) leave granted for other medical reasons that was approved prior to the commencement of the leave period.

  (10) After four months cumulative leave in a 24 month period, the employee may be separated from employment regardless of paid leave status unless prohibited by state or federal law. Decisions to separate the employee shall be made by the agency head in consultation with DHRM.

  (11) Contributions to benefits may not be paid on cashed out leave, other than FICA tax, except as it applies to converted sick leave in Section R477-7-5(2) and the Retirement Benefit in Section R477-7-6.