11.02.03.03

.03 Annual Leave.

A. Annual leave is a form of earned leave with pay.

B. Eligibility.

(1) An employee is eligible to earn annual leave as set forth in §C of this regulation.

(2) Use of Annual Leave.

(a) With appropriate approval, an employee with at least 6 months of service may use accumulated annual leave for any purpose.

(b) Employees with less than 6 months of service may not use annual leave.

C. Rates of Earning. Employees shall earn annual leave at the following rates:

(1) Upon employment and through the completion of the 5th year of service, an employee shall earn annual leave at the rate of 1.0 hour of leave for each 26 hours worked, and may not earn more than 10 days of annual leave per calendar year;

(2) From the beginning of the 6th year of service through the completion of the 10th year, an employee shall earn annual leave at the rate of 1.5 hours of leave for each 26 hours worked, and may not earn more than 15 days of annual leave per calendar year;

(3) From the beginning of the 11th year of service through the completion of the 20th year, an employee shall earn annual leave at the rate of 2 hours of leave for each 26 hours worked, and may not earn more than 20 days of annual leave per calendar year;

(4) With the exception of §C(5) of this regulation, beginning with the 21st year of service and continuing after that, an employee shall earn 2.5 hours of annual leave for each 26 hours worked, and may not earn more than 25 days of annual leave per calendar year.

(5) A Department employee who, as of the date of conversion into the Transportation Service, is earning annual leave at a rate greater than that set forth in §C(1)—(4) of this regulation, shall continue to earn annual leave at the former rate or a higher rate if eligible until separation from employment with the Department;

(6) For annual leave earning rate purposes, a former Department employee's entrance on duty date shall be adjusted upon reinstatement to allow for the same earning power date that was in effect at the time of separation.

(7) Periods of paid leave, except for extended sick leave and advanced sick leave shall be included in hours worked for the purpose of calculating annual leave earnings.

D. Limitations Applying to the Calculation of Annual Leave Earnings.

(1) Overtime hours worked may not be used to compute annual leave earnings for full-time employees.

(2) Hours worked beyond the maximum allowed by the percentage of employment for a part-time employee's position may not be used to compute annual leave earnings.

E. Accumulation of Forwarding of Annual Leave Earnings. A maximum of 75 days or 600 hours of annual leave may be carried into a new calendar year.

F. Transferring Annual Leave.

(1) An employee of another State department or agency who is hired into the Transportation Service without a break in service may transfer a maximum of 70 days of accumulated annual leave.

(2) An employee who separates from the Department and is hired without a break in service by another State department or agency shall transfer any accumulated annual leave up to the maximum allowed by that State department or agency.

G. Payment Upon Separation.

(1) An employee of the Department with at least 6 months of continuous service who separates from State employment shall be paid for unused, accumulated annual leave based on the remaining number of unused annual leave days that were accrued at the end of the previous calendar year, not exceeding 50 days or 400 hours of the total, plus the remaining number of unused annual leave days that were accrued during the calendar year in which the employee's State employment terminates.

(2) The amount paid shall equal the last permanent hourly rate multiplied by the number of annual leave hours available at the time of separation after calculating the amount under §G(1) of this chapter.

H. A previous State employee, who is hired into the Transportation Service within 5 years from the date of separation from State service, shall be entitled to restoration of leave earning rates based on years of former service.

I. Forfeiture. Accumulated and unused annual leave in excess of the amounts specified in §§D(2) and E of this regulation shall be forfeited.

J. The Secretary may, under extraordinary circumstances, compensate employees who lose annual leave.