Utah Admin. Code R477-7-1 - Conditions of Leave
(1) An employee is
eligible for a leave benefit when:
(a) in a
position designated by management 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 accrues 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 or sick
leave before it is 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) Any leave used for purposes described in
Subsection R477-7-4(2) is subject to the requirements of Subsections
R477-7-4(6) and (7).
(9) An
employee transferring from one agency to another retains any accrued annual,
sick, and converted sick leave at the new agency.
(10) Management shall make a lump sum payment
to an employee separating from state service or changing from a benefited to a
non-benefited position for:
(a) annual leave
hours;
(b) excess leave
hours;
(c) compensatory hours
earned by a FLSA non-exempt employee; and
(d) converted sick leave if the employee is
not retiring under Title 49, Utah State Retirement and Insurance Benefit
Act.
(11) Management may
not approve the use of leave after an employee's last day worked except for:
(a) leave without pay;
(b) administrative leave;
(c) leave granted under the FMLA;
or
(d) leave granted for other
medical or pregnancy related reasons that management approved before the
commencement of the leave period.
(12) Management may separate an employee from
employment after 18 workweeks cumulative leave in a 24 month period regardless
of paid leave status unless prohibited by state or federal law. This rule
incorporates by reference 29 CFR 825.205 (March 21, 2021) for purposes of
calculating workweeks. The agency head shall make the decision to separate the
employee in consultation with DHRM.
(13) Management may not pay contributions to
benefits on cashed out leave, other than FICA tax, except as it applies to
converted sick leave in Subsection R477-7-5(2) and the retirement benefit in
Section R477-7-6.
(14) Management
may not deny a leave request from a member of the State Legislature who
requests leave under Section 63A-17-513.
Notes
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