Classified Leave Types and Policies

Purpose

The purpose of this policy is to define the various leave types authorized by federal/state law and the Department of Civil Service for classified employees and to define the University procedures for accrual of leave, use of leave, required supporting certification, and terminal payment of leave.

Work Hour and Leave Certification/Payroll Documents

Civil Service Rule 15.2 states that “the appointing authority or his agent designated for this purpose shall certify on each payroll or subsidiary documents the actual rendering of service in the position, the actual number of hours of attendance on duty, and the number of hours of absence from duty. Each employee shall certify also the fact of the actual rendering of service, the number of hours of absence from duty.”

Unreported leave results in money loss to an agency. The proper certification of the “actual” rendering of duty, (of attendance on duty, of absence from duty) is a very important and serious duty of each employee. The electronic approval of both employee and supervisor to an electronic time sheet serves to attest to the actual rendering of duty. A serious responsibility, employees should be alert to the significance of electronic time sheet certification.

Hours of duty must be rigidly observed. Excessive tardiness in reporting for duty and/or absences from duty station, which have not been properly and fully authorized, or which are without justification are not tolerated and may be the basis for disciplinary action which could include the removal of an employee. All employees must understand that leave practices will be in accordance with agency established laws and policies; and any employee who fails or refuses to follow these laws and policies subjects himself to possible serious disciplinary measures. Disciplinary action will be taken for false claims of sick leave.

If, for any reason, you are unable to report for work as scheduled, it is your responsibility to 1) notify your supervisor (or some other official if your supervisor cannot be reached) of the emergency nature of your absence, prior to the time that you are expected to be on duty or within a reasonable time period, or 2) designate someone who will reliably give this notification within the specified time if you personally are unable to do so. At all times, follow departmental procedures for call in absences or tardiness.

Electronic time sheets should never be completed in a careless manner. The electronic time sheet must contain all absences, as well as all hours on duty.

The Application for Leave form is to be used for all absences from duty. All leave, when foreseeable, should be approved by all your supervisors in advance of taking leave, including medical or dental appointments or scheduled surgery, except that leave which must be taken in an emergency. When leave is not foreseeable or of an emergent nature, an Application for Leave form should be submitted to your supervisor immediately upon return to duty.

No employee is to assume the right of leave for a “couple of hours” without proper and full authorization simply because he is earning leave or has a leave balance accrued. No employee is to assume the “right” of leave unless it is of an emergency nature without submitting the proper request. It is every employee’s responsibility to know what his leave balances are, and to complete his own Request for Leave Form which is to be attached to the employee’s time sheet. In some departments, there is a designated employee who will handle this for you upon your request.

Failure to follow established policy concerning requesting and taking leave may result in an employee being placed on leave without pay for the period of unauthorized leave, may result in other disciplinary measures being taken, and continued infractions of any rule or policy may result in such employee’s dismissal or removal from the state service.

Please refer to the Web Time Entry and Policy Manual for Classified Employees on the MyMcNeese Portal. All employees must adhere to all rules within this manual.

Annual and Sick Leave Policies

Annual and Sick Leave Accrual

Reference: State Civil Service Rule 11.5

1. All full and part-time employees shall earn annual and sick leave for each hour of their “regular tour of duty” according to a rate associated with their years of service. This includes Probational, Permanent and Job Appointment status employees. Leave is still earned while an employee is on paid leave or observing a paid holiday. However, leave is not earned by employees on classified WAE appointment. Also, those employees who are using leave from an agency crisis leave pool do not earn leave.
2. Each employee who is eligible to earn leave accumulates leave for each hour at a rate based on the years of full time State service of the employee. Part time service should be pro-rated so that the employee is given partial year credit for that time (for example, 6 months of working 20 hours per week = 3 months service credit for leave earning). Agencies not using automated payroll systems should use the Table for Crediting Annual and Sick Leave.
   1. Less than three years of service: .0461 hours of both annual and sick leave for every hour of regular duty.
   2. Three but less than five years of service: .0576 hours of annual and sick leave per hour.
   3. Five but less than ten years of service: .0692 hours of annual and sick leave per hour.
   4. Ten but less than fifteen years of service: .0807 hours of annual and sick leave per hour.
   5. Fifteen or more years of service: .0923 hours of annual and sick leave per hour.
3. Repealed.
4. Employees do NOT earn annual or sick leave:
   1. For any overtime hour worked. (See Chapter 21 for information on overtime.)
   2. While on leave without pay. (See Rule 11.27.)
   3. Repealed.
   4. For being in on-call status outside of the employee’s regular work schedule.
   5. For any hour of travel or other activity outside the employee’s regular work schedule.
   6. For any hour of holiday or other non-workday that occurs while the employee is on leave without pay. This means that if an employee is on leave without pay the day immediately before and immediately after a holiday, the employee does not earn leave on that holiday.

Carrying Leave Forward

Reference: State Civil Service Rule 11.6

1. Any annual leave or sick leave an employee has earned and not used is carried forward year to year as long as the employee remains employed. (See also Rules 11.10, 11.18 and 11.19.)
2. Repealed.

Use of Annual Leave

Reference: State Civil Service Rule 11.7

Annual leave is leave with pay granted for the purpose of rehabilitation, restoration and maintenance of work efficiency or for transacting personal business. Annual leave may only be used with the supervisor’s approval. You should schedule your vacation well in advance with your supervisor’s approval.

Each employee must apply, in advance, for annual leave through the use of an Application for Leave form. Supervisors must approve the application before the leave period begins. To apply for annual leave that was not foreseeable (emergency), the employee must fill out the Application for Leave form immediately upon return to duty. It must be presented immediately to the supervisor for approval or denial.

The minimum charge for annual leave records shall not be less than six minutes. All unused annual leave is carried forward to the following calendar years without limitation. Annual leave shall not be charged for non-workdays.

Enforced Annual Leave

Reference: State Civil Service Rule 11.9

1. An employee may be required to take annual leave when, in the appointing authority’s judgment, it serves the best interests of the department. However, such forced annual leave is subject to the limitations listed in (2) below.
2. The appointing authority cannot require an employee to reduce his annual leave balance below 240 hours, unless:
   1. It is being done as an alternative to granting a request for leave without pay. This rule does not extend to an employee whose request for leave without pay is for military purposes following the exhaustion of military leave with pay as per Rule 11.26(c);
   2. The employee is absent from work due to an FMLA condition; or
   3. Leave is required during an office closure being conducted as a layoff avoidance measure under Rule 17.10.

Payment of Annual Leave upon Separation

Reference: State Civil Service Rule 11.10

The provisions of this rule allow an employee to be paid for up to 300 hours of accrued annual leave when he/she separates from state service. This leave payout is the state’s form of severance pay. Section (e) prevents an employee from resigning and then immediately returning to work just to get the 300-hour payment.

1. Subject to Rule 11.18(a) and sub-section (b) of this rule, each employee shall be paid the value of his accrued annual leave in a lump sum disregarding any final fraction of an hour, provided the employee was not dismissed for theft of agency funds or property. Calculation of the payment will be computed as follows:
   1. When an employee is paid on an hourly basis, multiply the regular hourly rate by the number of hours of accrued annual leave.
   2. When an employee is not paid on an hourly basis, determine the employee’s hourly rate by converting the salary in accordance with the uniform pay plan for conversion. Multiply the converted hourly rate by the number of hours of accrued annual leave.

NOTE: If the employee resigns his permanent status to accept a job appointment or any non-leave earning position, he should be paid annual leave up to 300 hours. However, if an employee who is on job appointment moves into a new job appointment within the same agency, any leave balances earned in the former job appointment should transfer into the new job appointment. This is because the agency does not assume an increased liability for the leave, and the transfer of the leave is a benefit to the employee. Employees who take a leave of absence from their classified position to accept an unclassified position (thereby retaining their permanent status in the classified position) do not receive this payment. This situation allows for the employee to retain their leave balances and other entitlements, and their leave balance transfers with them.

2. The maximum hours an employee can be paid upon separation is 300 hours. An employee on detail will be paid at the non-detail hourly rate.
3. Payment of annual leave under this rule will not extend an employee’s work status (i.e., payment of 300 hours of annual leave does not continue the employee’s employment status).
4. Payment of annual leave earned before July 1, 1953, will be paid in accordance with the rules in effect at that time.
5. When an employee who has been paid for up to 300 hours of annual leave is reemployed in the classified service, the employee shall pay the re-hiring department an amount equal to the number of workdays paid upon separation minus the value of any workdays intervening between the date of separation and the date of rehire. Also, the employee must be re-credited with the number of hours of annual leave repaid. For example, if a 40-hour per week employee is paid 300 hours upon separation, then is rehired in a different agency after three weeks away from work (120 hours), he would be required to repay the new agency 180 hours of leave at the rate he was initially paid for the annual leave. Then, the new agency would have to credit the employee with 180 hours of annual leave. This rule is designed to discourage employees from resigning solely to get the cash payment for the value of their accumulated leave. Exceptions to this payback rule are when:
   1. An employee returns to work for the first time after retirement; or
   2. An employee is rehired into a job appointment or other non-leave earning position.

Use of Sick Leave

Reference: State Civil Service Rule 11.13

1. If you have sufficient sick leave credited to your record, you may use it for:
   1. His own illness or injury, which prevents the employee from performing his usual duties;
   2. His own medical, dental or optical consultation or treatment for the duration of time required for such appointments when it is not possible to arrange such appointments for non-duty hours.
   3. Assertion, supported by medical certification, of his own need to be isolated from the workplace to avoid a health risk exposure during a health pandemic declared by the Governor because of his diagnosed high-risk immunological disorder.
   4. The need to care for a son or daughter as defined by the Family and Medical Leave Act when there is a health pandemic declared by the Governor, and there is no other suitable person available to care for the son or daughter because his or her school or place of care has been closed or the childcare provider is unavailable due to a reason directly related to the health pandemic.

NOTE:  Son or daughter is your own child, which includes your biological child, adopted or foster child, your stepchild, a legal ward, or a child for whom you are standing in loco parentis- someone with day-to-day responsibilities to care for or financially support a child. This includes a son or daughter who is an adult (18 years of age or older) who is incapable of self-care because of a mental or physical ability. 

1. In lieu of requesting annual leave, an employee who has sufficient leave to his credit may request sick leave for necessary absence from duty for the following reasons:
   1. Illness or injury of an immediate family member which necessitates the absence.
   2. Medical, dental, or optical consultation or treatment for immediate family members when it is not possible to arrange such appointments for non-duty hours.

Employees should report absence from duty due to illness immediately. Employees must give sufficient advance notice, when applicable, to the supervisor, of the need for sick leave.

Employees are required to submit an Application for Leave form for all sick leave taken during the current pay period to the supervisor for approval.

Sick leave shall not be charged for non-workdays. The minimum charge for sick leave shall be six minutes.

Enforced Sick Leave

Reference: State Civil Service Rule 11.13.1

An appointing authority can require that an employee use sick leave if: 

1. The employee asserts an inability to work due to the employee’s illness or injury; or
2. There is an apparent need to remove the employee from the workplace to avoid the spread of illness. 

Under subsection (2) an appointing authority may place an employee on sick leave and require that he remove himself from the workplace when he has declined to utilize sick leave and presents for duty displaying symptoms of illness. To enforce sick leave under this subsection, the symptoms must be observed by at least two individuals, one of whom must be in a supervisory capacity. The employee may be returned to duty at the appointing authority’s discretion; however, he shall be returned to duty upon presentation of a certification from a medical doctor or nurse practitioner who, after examining the employee, certifies that he is fit for duty.

For more information on enforced sick leave, see Civil Service Commission decision on Brown v. DOA, Docket No. 15037.

Physician Certificate Required

Reference: State Civil Service Rule 11.14

By rule, the Appointing Authority or his delegate may require a physician’s certificate or other acceptable proof to establish that an employee was ill and unable to work. 

Certain campus departments require a physician’s certificate to return to duty after two continuous days of absence.  In this case, the department policy will be provided to the employee.   

If you are absent from your position for more than one week (40 hours) due to an event that would normally allow you to use sick leave, your physician must certify in writing that you are/were unable to perform your duties for the specified period. Before you will be allowed to return to your position, you must furnish Human Resources with a physician’s release to return to duty. 

The appointing authority or his delegate reserves the right to request medical certification from the physician for any period of absence if warranted.

It is against University policy to work outside employment while on a medical leave of absence.

Transferring Annual and Sick Leave between Agencies

Reference: State Civil Service Rule 11.19

1. Repealed
2. When an employee moves from one agency to another, the gaining agency has 30 calendar days to certify the leave balances from the previous agency and credit the balance to the employee. Therefore, when an agency receives a request to certify leave balances of a previous employee, the losing agency should respond as soon as possible.
3. Annual and sick leave accrued by an employee who separates to enter the military will be re-credited to him upon reemployment in a classified position. Any leave for which the employee was paid upon separation will not be re-credited.
4. Employees who move from unclassified positions that earned leave under an Executive Order to classified positions that are subject to these rules should have all annual and sick leave balances earned under the order credited to them in the classified service provided there has been no break in service.

All Other Leave Types and Policies

Workmen’s Compensation Payment 

NOTE: Agencies under the authority of the Division of Administration’s Office of Risk Management (ORM) should be reminded of the ORM Workers’ Compensation Transition Duty Plan requirements. For more information, please refer to the following link: http://www.doa.la.gov/orm/pdf/IIN-2015-1-Transitional_Return_to_Work_Plan.pdf.

Agencies that choose to return employees to work following a Workers’ Compensation claim are allowed to return the employee to his own job in light duty status for six (6) months provided the agency maintains in the employee’s file a copy of the “Physician’s Modified Work Information Sheet.” This form is included in the ORM Memorandum RE: Transitional Return to Work Program for State Agencies, dated October 1, 2014. Requests for additional time beyond the initial six months may be made by the appointing authority to the Director of State Civil Service.

Appointing authorities also have the option of using a Detail to Special Duty in which to return the employee to work. For additional information on Detail to Special Duty, please refer to Chapter 23 of the HR Handbook under Procedures: Policy Standards for Detail to Special Duty. 

Disabled Law Enforcement Employee

Reference: State Civil Service Rule 11.21.1

1. If an employee in the law enforcement career field is disabled in the course of employment and as a result, cannot perform the usual duties of the job, the appointing authority, may, with approval from the Director, grant the employee six months of leave of absence with pay. The employees’ accrued leave balances will not be reduced. However, the employee must repay to the agency all salary benefits he/she receives from Workman’s Compensation. The appointing authority’s request to the Director must be in writing and include all information needed to determine if the employee is covered by this rule.
2. If a request made pursuant to this rule is questionable or is for more than six months, the Director must submit the request to the State Civil Service Commission.

Civil, Emergency, and Special Leave

Reference: State Civil Service Rule 11.23

This rule lists several types of leave that must be granted to an employee who is serving on a job, probationary or permanent appointment. This leave is to be granted without loss of pay or charge of annual, sick, or compensatory leave. The appointing authority should require appropriate documentation from the employee for each type of special leave requested to support the approval of such leave. The reasons for which this type of leave is granted are as follows:

1. Jury duty.
2. An appointing authority must grant this type of leave when an employee is summoned to appear as a witness before a court, grand jury or other public body or commission. However, special leave cannot be granted when the employee is:
   1. the plaintiff or defendant in the case (although he may request annual leave); or
   2. summoned as a result of his other, non-state employment.
3. Performing civilian duty in relation to national defense.
4. When the appointing authority determines the employee cannot work due to an act of God.

NOTE: Employees who are required to work during such closures shall be compensated with state overtime (see Rule 21.7(b)4). If such a closure occurs for an entire workday or a portion of a workday, an employee who had previously requested and been granted annual or sick leave for that time would not be charged the annual or sick leave for the appropriate amount of time relative to the closure. For example, if an appointing authority declared an office closed at 1 p.m. due to an approaching hurricane, any employee who was previously on approved annual leave would not be charged the annual leave from 1 p.m. until the end of his regular shift.

5. Repealed
6. Employees are allowed time away from their job without charge to their annual, sick or compensatory leave to take State Civil Service exams or other exams before a state licensing board pertinent to their state employment. Appointing authorities should require employees to provide documentation of the time and date of such examinations so that excessive leave is not requested. Appointing authorities may reasonably limit the frequency for which they will allow such leave. Such a policy should be consistently applied among employees.
7. When the appointing authority determines that local conditions or celebrations make it impractical for employees to work in that location. This could be limited to a single facility or office within an agency.
8. A pre-induction physical prior to entering the military of the United States. This time is granted in addition to the 15 days of leave required under Civil Service Rule 11.26.
9. When an employee is in the National Guard and is called to active duty due to a local emergency, act of God, civil or criminal rebellion, civil or criminal disobedience, or other event that threatens the peace or property of the people. This activation is usually issued by the Governor. There is no time limit on this leave and employees receive their full state pay in addition to any compensation provided by the National Guard.
10. When an employee is an attorney who is ordered to represent a criminal defendant by a court. However, if the employee is compensated from other sources special leave will not be granted.
11. When an employee is a current member of the Civil Air Patrol and is ordered to perform duties with troops or to participate in training. However, the employee is only entitled to 15 days of special leave and it cannot be used for normal unit meetings and training.

Funeral Leave

Reference: State Civil Service Rule 11.23.1

Probationary and permanent employees may be granted up to two days of paid “funeral leave” per occasion to attend the wake and/or funeral services for the family members listed below. (To attend funeral services for other family members, an employee could request annual leave.)

• Parent or stepparent
• Child or stepchild
• Brother or stepbrother
• Sister or stepsister
• Spouse
• Mother or father-in-law
• Grandchild
• Grandparent

Voting Leave

Reference: State Civil Service Rule 11.23.2

Probationary and permanent employees may be granted two hours of paid leave to vote in a primary, general or special election when the election falls on a regular workday and the employee votes in the parish where the employee works. If the employee votes in a different parish the employee may be granted up to one day of leave.

If an employee’s work schedule would prevent him from reaching the polls during voting hours, this rule gives the agency the option to grant the employee a limited amount of paid time off to vote. Such leave is not mandatory; it is granted at the appointing authority’s discretion.

Voluntary Disaster Service Leave

Reference: State Civil Service Rule 11.23.3

A full-time probationary or permanent employee may be granted up to 15 days off with pay to participate in an American Red Cross relief effort in the State of Louisiana. The employee must have received a certification from the Red Cross as a Trained Disaster Volunteer. The request from the employee must be made to the appointing authority in writing.

NOTE: This rule was adopted in response to Louisiana R.S. 42:450.2 which provides for paid leave for voluntary leave of absence for public employees who participate in specialized disaster relief services for the American Red Cross. The statute states that a qualified public employee shall notify his employing agency of his desire for leave of absence as soon as possible following a disaster within the state of Louisiana for which his services are needed by a Louisiana unit of the American Red Cross. Requests for disaster service leave must be made in writing to the appointing authority and include all the following: A written request for the employee’s services from an official of the American Red Cross; The employee’s certification as a Trained Disaster Volunteer; The nature and location of the disaster; The anticipated duration of the absence; The type of service the employee will provide to the Red Cross; and The name and title of the Red Cross official who will be supervising the employee.

Educational Leave

Reference: State Civil Service Rule 11.24

The purpose of educational leave is to permit an employee to obtain formalized training that will materially assist the employee in conducting his work without being charged accumulated leave. Such educational leave is optional at the appointing authority’s discretion.

1. An employee may be granted leave without pay to attend classes at an educational institution. The leave without pay is limited to the time spent in class at the educational institution.
2. An employee may be granted education leave, with pay, for a maximum of 30 calendar days in a calendar year. The course of instruction must be related to the work the employee performs for the state. A permanent employee may be granted up to 90 days of educational leave for special training, if it is required by the employee’s appointing authority.
3. If an employee is granted leave without pay for educational purposes, the employee may receive a stipend from the educational institution if funds are available.

NOTE: The intent of provision (2) of this rule is to permit an employee to obtain formalized training that will materially assist the employee in conducting his work. It cannot be approved if the educational or training opportunity is only remotely related to the employee’s work.

Military Leave

Reference: State Civil Service Rule 11.26

This rule applies to members of the Reserve Unit of the Armed Forces and to members of the National Guard who are called upon for military purposes as defined in Chapter 1.

1. Military Leave with Pay
   1. If the employee gives advance notice, the employee will be entitled to military leave with pay. The employee must be in a job appointment or a probationary or permanent status.
   2. Advance notice is not required if it is impossible, unreasonable or prohibited by military necessity.
   3. The maximum military leave with pay is 15 working days per calendar year.
2. Use of Annual and Compensatory Leave for Military Purposes
   1. If an employee gives advance notice of military obligation and request annual leave or compensatory leave, he shall be granted such leave. The employee must be in a job appointment or a probationary or permanent status.
   2. Advance notice is not required if it is impossible, unreasonable or prohibited by military necessity.
3. Use of Leave Without Pay for Military Purposes
   1. Employees who have exhausted their annual leave or compensatory leave or who choose not to use their leave for military purposes shall be placed on leave without pay. Leave without pay will not exceed six years. After six years, the employee must be separated from state service. This rule does not apply to a temporary appointment of less than six years. If the appointment is less than six years, the appointing authority can end the appointment as originally scheduled and the employee will be separated.
4. Rights Upon Return
   1. Probational, permanent and job appointment employees returning to their position from military leave under this rule or Rule 23.15, will return with such seniority, status, pay and annual and sick leave accrual rates as they would have had if the employees had not been absent for military duty. However, probationary status will be governed by Rule 9.3.
5. Repealed
6. Repealed
7. This provision applies to job appointments, probational, or permanent employees who are on leave without pay and called to active duty (does not apply to employees on weekend drills).
   1. When an employee’s 15-day military leave with pay has been exhausted, an employee whose military base pay is lower than the employee’s state pay will be paid the difference between the military base pay and the state base pay. These payments will be paid on the same dates as the employee’s regular pay dates unless other arrangements are made. Employees who are receiving this pay differential shall provide documentation to ensure correct calculation of the pay difference. An employee using annual leave is not eligible for pay differential.
   2. Employees on military leave under this provision will continue to earn annual and sick leave for the entire time they are on military leave. Leave will accrue as though the employee was not on military leave. Upon return from military leave, the employee will receive credit for the leave accrued during his absence.
   3. Employees on military leave under this provision will receive the full 15 days military leave pay each calendar year. Any pay differential will be suspended during this 15-day period.
   4. If an employee used leave for military service from September 11, 2001, until the effective date of this rule, and the employee chooses the pay differential, the employee will be re-credited leave balances with an amount equal to what the pay differential the employee would have received effective September 11, 2001.

Permanent or probationary employees who were called to active duty and resigned their positions may, within 90 days of release from active duty, have the resignation rescinded and become eligible for benefits under subsection (7) of this rule.

NOTE: Additional guidelines regarding items for consideration may be found in Job Aids & Resources: Military Leave Guidelines.

Leave of Absence without Pay

Reference: State Civil Service Rule 11.27

1. An appointing authority may authorize leave without pay. However, the leave without pay cannot extend the period of the employee’s appointment.
2. Repealed
3. Repealed
4. If a probationary employee who is on leave without pay does not return to work on or before the first day after the expiration of the leave without pay, his employment will terminate at the close of business on the day after the leave without pay ended.
5. If a permanent employee on leave without pay fails to report to work on the day after the leave of absence expires, the employee shall be considered to have abandoned his position and shall be dismissed in accordance with Chapter 12 of these rules.
6. An appointing authority, on his own or on request of the employee, may withdraw an authorization for leave without pay. If the appointing authority does withdraw authorization, it must be in the best interest of the state and notice must be given to the employee. Withdrawal of authorization must not conflict with the Military Leave Rules.
7. An employee who is absent without approval may be placed on leave without pay for the period of the absence and may also be disciplined, in accordance with Chapter 12 Rules, for failing to obtain approval for the absence.

NOTE: While on leave without pay, employees do not earn annual or sick leave, nor do they receive benefit of any holidays that occur during their absence. See Rule 11.5(d).

Leave Prohibited to Assume an Unclassified Position

Reference: State Civil Service Rule 11.27.1

A probationary employee cannot take a leave of absence from a classified position to serve in an unclassified position. Such leaves of absence may be granted by the appointing authority to permanent status employees.

Holidays

Reference: State Civil Service Rule 11.28

1. An employee who is required to work on an official holiday will be entitled to compensatory leave or overtime pay in accordance with Chapter 21.
2. When a holiday falls on an employee’s regular day off, and the employee is required to work on his designated holiday and the actual holiday, the appointing authority is to choose which day will be selected as the official holiday for overtime compensation as required by Chapter 21. On the other day, the employee is to be compensated as regular overtime.
3. Repealed

About Holidays: Louisiana R.S. 1:55(B) provides for three types of holidays for state employees. “Statutory holidays” are those specifically declared in the law (e.g., Christmas Day). “Proclaimed holidays” are additional days proclaimed by Executive Order of the Governor (e.g., National Memorial Day). “Designated holidays” occur when a statutory or proclaimed holiday falls on the employee’s regular day off. For example, if Christmas day falls on a Sunday, any employee who is off on the Sunday must be given a designated holiday, which should be the closest working day, according to the statute. More information can be found in Job Aids & Resources: Understanding State Holidays.

Crisis Leave Pool-Annual Leave

Reference: Crisis Annual Leave Program Policy

A department may create a crisis leave pool of shared annual leave to be used by employees who cannot work due to a crisis situation and who do not have leave to cover an absence needed for a crisis situation. An employee granted crisis leave will receive leave that ensures wage replacement of 75 percent of their regularly scheduled work week. An employee cannot accrue annual and sick leave while using crisis leave. Read policy at above link or see Human Resources for policy and related request forms.

Special Leave Related to COVID-19 Health Pandemic 

Reference: State Civil Service Rule 11.35

1. Effective May 31, 2020, the use of special leave under Civil Service Rule 11.23(d) shall not be granted by an appointing authority for any employee absence related to the COVID-19 health pandemic. The Director is granted the authority to reinstate special paid leave under Civil Service Rule 11.23(d) for absences related to COVID-19 in the event the need arises due to a resurgence in the pandemic and an accompanying declaration by the Governor.
2. An appointing authority may, through March 31, 2021, grant time off without loss of pay, annual leave, or sick leave to any healthcare provider or emergency responder who has tested positive for COVID-19 or who has been advised by a healthcare provider to self-quarantine related to COVID-19, or experiencing COVID-19 symptoms and is seeking medical diagnosis.
   1. Such special paid leave shall not extend beyond 15 working days and will be in addition to any other leave benefits afforded by law.

NOTE: For definition of healthcare provider and emergency responder, please refer to the Note under sub-section (4), hereafter referred to as 11.35(d).

3. An appointing authority may grant time off without loss of pay, annual, or sick leave to an asymptomatic employee who is directed by the appointing authority to be tested for COVID-19 and/or self-quarantine after being exposed through close contact to an individual with a confirmed positive COVID-19 diagnosis.
   1. Such special paid leave shall not extend beyond 14 calendar days as recommended by the Centers for Disease Control and Prevention. Once the employee develops symptoms of illness or is confirmed with a positive COVID-19 diagnosis, he shall immediately be placed in an appropriate leave status, including leave without pay if the employee has exhausted both annual leave and sick leave.
4. Appointing Authorities may grant paid leave through March 31, 2021, that is consistent with the provisions of the Emergency Paid Sick Leave Act (EPSL) and the Expanded Family Medical Leave Act (EFMLA) as outlined in the Families First Coronavirus Response Act (FFCRA), which expired on December 31, 2020. This leave is only available to employees who have not previously exhausted their leave allotment under the FFCRA.

NOTE: Appointing Authorities who grant paid leave under this provision shall ensure such leave is applied uniformly to all employees; however, an Appointing Authority may exempt employees who are healthcare providers and emergency responders from being able to take paid leave under 11.35(d).

For purposes of employees who may be exempted from 11.35(d), a healthcare provider is anyone who is a licensed doctor of medicine, nurse practitioner, or other healthcare provider permitted to issue a certification for purposes of the FMLA. Healthcare providers also include: any other person who is employed to provide diagnostic services, preventative services, treatment services, or other services that are integrated with and necessary to the provision of patient care and, if not provided, would adversely impact patient care. This group includes employees who provide direct diagnostic, preventative, treatment, or other patient care services, such as nurses, nurse assistants, and medical technicians. It also includes employees who directly assist or are supervised by a direct provider of diagnostic, preventative, treatment, or other patient care services. Finally, employees who do not provide direct health care services to a patient but are otherwise integrated into and necessary to the provision of those services – for example, a laboratory technician who processes medical test results to aid in the diagnosis and treatment of a health condition – are healthcare providers.

A person is not a healthcare provider merely because his or her employer provides health care services or because he or she provides a service that affects the provision of health care services. For example, IT professionals, building maintenance staff, human resources personnel, cooks, food service workers, records managers, consultants, and billers are not healthcare providers, even if they work at a hospital or a similar healthcare facility.

For the purposes of employees who may be exempted from 11.35(d) an emergency responder is anyone necessary for the provision of transport, care, healthcare, comfort and nutrition of such patients, or others needed for the response to COVID-19. This includes but is not limited to military or National Guard, law enforcement officers, correctional institution personnel, fire fighters, emergency medical services personnel, physicians, nurses, public health personnel, emergency medical technicians, paramedics, emergency management personnel, 911 operators, child welfare workers and service providers, public works personnel, and persons with skills or training in operating specialized equipment or other skills or training in operating specialized equipment or other skills needed to provide aid in a declared emergency, as well as individuals who work for such facilities employing these individuals and whose work is necessary to maintain the operation of the facility.

Parental Leave

Reference: State Civil Service Rule 11.36

This rule provides up to 240 hours of paid parental leave without deduction to an eligible employee’s annual, sick, or compensatory leave balances. Such leave shall be for a qualifying purpose related to an employee’s child born or placed with the employee for adoption or foster care on or after January 1, 2024, and as described throughout this rule.

Qualifying Events

• Birth of a child
• Placement of a child under the age of 18 with the employee for adoption
• Placement of a child under the age of 18 with the employee for foster care

Eligibility

1. Parental leave is only available to employees in leave-earning positions on the date of the qualifying event.
2. Parental leave is only available to employees who on the date of the qualifying event have been employed by the state for at least 12 months and who have actually worked at least 1,250 hours in the 12 months preceding the parental leave request.
3. Parental leave is only available to the legal parents, adoptive parents, or foster parents of the child for whom parental leave is taken when said parents have an active and ongoing role in parenting the child and are taking leave for one of the qualifying purposes set forth below. For purposes of this rule, a legal parent is a person having a genetic relationship to the child or filiated to the child through legal presumption or assisted reproductive technology.

Qualifying Purposes

1. For a legal, adoptive, or foster parent to bond with the child for whom leave is taken.
   1. A need to bond with the child exists when there is a new relationship between the parent and child and the employee will spend time with the child to create an ongoing mutual attachment. This rule is not intended to apply where a relationship resembling parent-child already exists and the primary change is the legal nature of the relationship (e.g., foster parent to adoptive parent; some intra-family adoptions such as adoptions by stepparents).
2. For adoptive or foster parents to attend post-placement court proceedings or mandatory meetings related to adoption or foster placement.

Duration

1. Parental leave is available for use only during the 12 weeks (84 calendar days) immediately following the commencement of the qualifying event.
2. Parental leave is available for use commencing on the first date of a qualifying event and for only as much of the parental leave period as the employee is engaged in a qualifying purpose.
3. Parental leave may be used continuously or intermittently, in accordance with the need therefor.
4. Unless the appointing authority determines that an employee is utilizing parental leave in violation of this rule, the appointing authority shall not reduce the parental leave period authorized herein nor interfere with the employee’s use of parental leave as set forth herein.

Compensation

1. Subject to the limitations set forth below, full-time employees shall be compensated at the rate of 100% of the employee’s base pay for a period not to exceed 240 hours during the available 12-week period.
2. Subject to the limitations set forth below, part-time employees shall be compensated at the rate of 100% of the employee’s base pay for a period not to exceed 6 weeks based upon the employee’s average number of hours worked in the 6 months immediately preceding the commencement of parental leave. (Example: If an employee works an average of 25 hours per week during the 6- month look-back period, the employee shall be paid their base pay for 25 hours per week for six weeks.)

Limitations

1. Parental leave shall not be donated to another employee or leave pool.
2. Unused parental leave shall not be reserved for use during a subsequent qualifying event nor paid to the employee.
3. This rule is not intended to provide any form of unpaid leave after exhaustion of 240 hours (or the appropriate allotment for part-time employees) of paid parental leave. Additional leave, if any, shall be taken under the provisions of another rule, law, or policy.
4. At least 12 months shall elapse from the beginning of one parental leave period until an employee is eligible for another parental leave period. For a new parental leave period, there shall be a new qualifying event on or after the 12-month waiting period and the requirements of the Eligibility section above shall be satisfied as of the date of the new qualifying event.
5. Eligible employees utilizing parental leave for occurrences also qualifying under the Family and Medical Leave Act (FMLA) shall use FMLA leave concurrently with parental leave.
6. When both parents to the child for whom parental leave is taken are employed in the state classified service, each is entitled to utilize a full 240-hour (or the appropriate allotment for part-time employees) parental leave period.
7. In using parental leave, employees shall follow their agency’s customary leave practices. That is, as practicable, advance notice of leave needs shall be provided and leave approved prior to use.
8. An employee’s use of parental leave in accordance with this rule and agency policy shall not have a negative impact upon their employment relationship. Employees not utilizing parental leave in accordance with this rule and/or agency policy may be disciplined, including the possibility of separation or dismissal.
9. For compensation purposes, all state holidays, office closures, and special leave under the provisions of Rule 11.23(d) and (g) take precedence over parental leave. The employee shall be paid for the holiday, closure, or special leave and a corresponding number of hours shall be deducted from the parental leave quota. The holiday, closure, or special leave shall not extend the parental leave period.

Establishing Eligibility for Parental Leave

1. Prior to granting parental leave, an appointing authority shall have the requesting employee complete a State Civil Service Parental Leave Certification Form.
2. In addition to the Parental Leave Certification Form, an appointing authority may require an employee requesting paid parental leave to produce acceptable proof in support of their request, such as a birth certificate or insurance certificate confirming their relationship to the child for whom parental leave is requested or proof of attendance at court proceedings or other mandated meetings related to adoption or foster placement. An appointing authority shall not require that an employee produce medical records or scientific evidence to prove paternity.

Communication

This policy is distributed via the University Policies webpage.