11.02.03.04

.04 Personal Leave.

A. Personal leave is a form of allotted leave with pay.

B. Allotment.

(1) A full-time employee shall be allotted 7 days of personal leave per calendar year.

(2) A full-time employee hired after June 30 of a calendar year shall be allotted 3 personal leave days for that calendar year.

(3) A full-time employee hired after November 30 of a calendar year shall be allotted 1 personal leave day for that calendar year.

(4) For each calendar year that is a leap year, a full-time employee shall be allotted 8 days of personal leave.

(5) A part-time employee shall be allotted a percentage of personal leave equal to the percentage that the employee's part-time position is funded.

(6) An employee may not be allotted personal leave while the employee is on extended sick leave.

C. Use of Personal Leave.

(1) With appropriate approval, an employee may use personal leave for any purpose.

(2) Each administration shall establish written procedures for the approval of personal leave. The Secretary shall approve the written procedures.

(3) Approval may be denied only if the denial is necessary as a result of a critical shortage of staff.

D. Accumulation.

(1) Personal leave may not be accumulated.

(2) Unused personal leave shall be forfeited at the end of each calendar year, or upon termination of employment with the State.

E. Transfer of Personal Leave.

(1) An employee who is hired without a break in service by another State department or agency may transfer unused personal leave up to the limits allowed by that department or agency. Unused personal leave in excess of the amount authorized to be transferred shall be forfeited.

(2) An employee who is hired by the Department from another State department or agency without a break in service may not transfer any unused personal leave, but shall be allotted personal leave based on the date of hire.

F. Reinstatement.

(1) An employee who is reinstated into the Transportation Service before June 30 of the same calendar year in which the employee left shall be credited with the employee's unused personal leave.

(2) An employee who is reinstated into the Transportation Service after June 30 of the same calendar year in which the employee left shall be credited with a maximum of 3 days of the employee's unused personal leave.

(3) An employee who is reinstated into the Transportation Service after November 30 of the same calendar year in which the employee left shall be credited with a maximum of 1 day of the employee's unused personal leave.

G. Payment for Unused Personal Leave.

(1) An employee who has perfect attendance for a full calendar year shall be paid for all unused personal leave up to a maximum of 3 days, based on the amount of personal leave that was not used in the calendar year.

(2) For an employee to have perfect attendance, the employee may not have:

(a) Used earned or allotted sick leave, except for a death in the family;

(b) Used work injury leave;

(c) Been placed on disciplinary suspension or disciplinary loss of leave;

(d) Been on leave without pay; or

(e) Used annual or compensatory leave which was not requested and approved before the end of the employee's previous shift, unless the:

(i) Leave was taken under officially declared liberal leave, or

(ii) Employee reported to work and the leave was approved by the supervisor.

(3) The appointing authority or the appointing authority's designee may grant payment under this section to an employee whose lack of perfect attendance is solely and directly attributed to a disability as defined in the Americans With Disabilities Act of 1990, 42 U.S.C. §§12101—12213.

(4) Payment under this section is subject to the budgetary constraints of the Department.