Ala. Admin. Code r. 670-X-14-.01 - Sick Leave
Current through Register Vol. 40, No. 6, March 31, 2022
(1) An allowance of four hours and twenty
minutes for each semi-monthly period of service shall be made for sick leave.
Unused portions of such allowance may accumulate but not more than 1200 hours
may be carried over beyond the end of the calendar year. Sick leave earned over
1,200 hours that is placed in excess may be used with the approval of the
employee's appointing authority and must comply with the guidelines of the
State Personnel Department. An employee who retires shall be entitled to be
paid for fifty percent of his accumulated sick leave at the time of his or her
retirement up to a maximum of 600 hours in his career. Such payment constitutes
liquidation of the sick leave balance of the employee.
(a) Neither annual nor sick leave shall
accrue except when an employee is actually working or on authorized leave with
pay, and in no case shall leave accrue subsequent to actual separation from the
service.
(b) Sick leave is hereby
defined to mean the absence from duty of an employee because of:
(1) illness;
(2) bodily injury not incurred in line of
duty, or bodily injury or occupational illness incurred in line of duty;
(3) attendance upon members of the
immediate family whose illness requires the care of such employee;
(4) death in the immediate family of the
employee. Immediate family is hereby defined to include spouse children as
defined by the Family and Medical Leave Act, grandchildren, parents or
grandparents, sister or brother, mother-in-law, father-in-law, daughter-in-law
and son-in-law. Where unusually strong personal ties exist, due to an
employee's having been supported or educated by a person of some relationship
other than those listed, this relationship may be recognized for leave
purposes. In each such case, the employee concerned shall file with his
appointing authority a written statement of the circumstances which justify an
exception to the general rule.
(c) Sick leave with pay is not a right for
which employees may make demand, but a privilege granted in accordance with
prescribed rules and regulations, to which the Board may make exceptions as the
best interest of the service demand. At the discretion of the appointing
authority, employees may be required to maintain a minimum number of sick leave
hours.
(d) Either the appointing
authority or the Board may require at any time a claim for a sick leave be
supported by adequate evidence; and any unjustified or fraudulent claim for
sick leave may be punished by loss of pay, loss of accumulated leave,
suspension and/or dismissal.
(e)
Employees shall not be compensated for accumulated sick leave when they are
separated from the state service, except in the case of retirement or death.
However, if they leave the service in good standing and are reemployed within a
period of four years from date of separation, sick leave accumulated during
previous employment or any part thereof may be restored upon recommendation by
the appointing authority and approval by the Director. Under no circumstance
can an employee use sick leave to engage in any other employment during his
scheduled working hours.
(f) In
case of serious disability or illness, sick leave may be advanced to any
permanent employee under the following conditions:
(1) All accrued leave (sick and annual) must
be exhausted before a request for an advance is made.
(2) No advance shall be made to any employee
unless the absence from duty because of disability is for a period of five days
or more.
(3) Each application for
an advance shall be supported by a certificate from a health care
provider.
(4) The total of advances
of sick leave shall not at any time exceed 24 work days.
(g) Employees shall file requests for advance
of sick leave with the appointing authority of the department in which they are
employed, on forms to be provided by the State Personnel Department. After
making such investigations as he deems advisable, the appointing authority
shall either approve or disapprove such applications.
(h) Advances of sick leave shall be charged
against such leave subsequently accumulating. In the case of separation from
the state service of an employee to whom sick leave has been advanced in an
amount in excess of that subsequently accumulated, the employee shall be liable
for the period of such excess, and a deduction therefor shall be made from any
salary due him on the basis of the salary rate obtained during the period of
advanced sick leave. If no salary is due such employee from which deductions
may be made, or the salary due is insufficient to cover the amount due the
state, a written request shall be filed with him asking that the amount due be
paid into the state funds from which it was drawn. If he refuses to comply with
this request the amount due may be recovered by suit to be filed upon request
of the Director. No such employee shall be readmitted to the state service
unless he shall first satisfy any or all outstanding claims or liabilities
which have accrued against him under the foregoing provisions of this
rule.
(i) Transfer of Sick Leave
into State Merit System. Persons entering the state merit system may not
transfer into the state merit system sick leave accumulated outside the state
merit system with the following exceptions:
1.
Individuals employed by a non-merit system State entity or agency who maintain
a sick leave system in accordance with the procedures established by the Rules
of the State Personnel Board may transfer their accumulated sick leave into the
state merit system provided the appointing authority approves the acceptance of
the leave. The non-merit system state agency or entity must certify the amount
of sick leave the employee has accumulated and further certify that the
accumulation of sick leave is in accordance with procedures established by the
Rules of the State Personnel Board. This provision does not apply to public
schools or public postsecondary institutions.
2. Those persons entering the state merit
system from the public schools or public postsecondary institutions of the
State of Alabama may, upon the approval of the appointing authority, retain a
record of accumulated sick leave that may be used only in the case of illness
and only at such times that all state merit system sick and annual leave has
been exhausted.
Notes
Author: Jackie B. Graham, State Personnel Director
Statutory Authority: Code of Ala. 1975, ยงยง 36-6-1(d); 36-26-9; 36-26-36.
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