§ 21-4-204 — Annual leave - Accrual and use

(a) (1) Except for the employees under subdivision (a)(2) of this section, each permanent or probationary employee shall be entitled to annual leave with full pay computed on the basis of the following schedule for each complete month of service including the probationary period: Click here to view form. (2) Each fire and emergency service employee of the Department of the Military who works a regularly scheduled shift of more than forty-seven (47) hours per week is entitled to annual leave with full pay computed on the basis of the following schedule for each complete month of service: Click here to view form. (b) Annual leave with pay shall be allowed to provisional and temporary employees on the basis of one (1) working day for each complete month of service. (c) Annual leave with pay shall be allowed to permanent, probationary, provisional, and temporary employees who are working one-half (1/2) time computed on the basis of one-half (1/2) the rate of the schedule for full-time employees for each complete month of service. (d) Annual leave with pay shall not be granted to emergency, hourly, intermittent, or per diem employees. (e) (1) (A) Annual leave shall be cumulative. An employee shall not have more than thirty (30) days of annual leave accumulated at the end of each calendar year. However, the thirty-day accumulative annual leave may exceed thirty (30) days prior to the end of the calendar year. (B) The following employees shall not accumulate annual leave in excess of forty-five (45) days at the end of each calendar year, except that the forty-five-day maximum of cumulative annual leave may exceed forty-five (45) days during the calendar year: (i) A fire and emergency service employee under subdivision (a)(2) of this section; and (ii) A critical-need employee. (2) Accumulated annual leave shall be granted by the agency director at such time or times as will least interfere with the efficient operation of the agency. (3) Employees transferring between state agencies without a break in service shall retain, at the time of transfer, all accumulated annual leave credits. (4) Change of positions in the annual leave schedule shall be determined on the basis of completed years of service. Seniority for reinstated employees will be brought forward in completed years of service only. (5) Accrual rates will change on the first day of the month following eligibility for the next higher accrual rate. (6) Annual leave may not be accumulated during a period of leave without pay when such leave is for ten (10) or more days within a calendar month. (7) Saturdays, Sundays, holidays, and nonworking days within a period of annual leave shall not be charged as annual leave. Annual leave granted shall be based on working days. (f) (1) Unearned annual leave shall not be loaned. (2) The minimum charge for absence on account of annual leave shall be fifteen (15) minutes. (g) (1) At the end of the calendar year and except as provided in § 21-4-205(c) , an employee's accumulated annual leave that exceeds the maximum allowed under subsection (e) of this section shall be deposited into the catastrophic leave bank administered by the Office of Personnel Management. (2) If an employee does not want his or her accumulated annual leave that exceeds the maximum allowed under subsection (e) of this section to be deposited into the catastrophic leave bank under subdivision (g)(1) of this section, he or she shall submit a written request to the Office of Personnel Management that the accumulated annual leave in question be forfeited in lieu of being deposited into the catastrophic leave bank.

Legislative History

Amended by Act 2021, No. 378,§ 3, eff. 3/17/2021. Amended by Act 2021, No. 378,§ 2, eff. 3/17/2021. Amended by Act 2019, No. 910,§ 5546, eff. 7/1/2019. Acts 1975, No. 567, § 4; A.S.A. 1947, § 12-2367; Acts 1997, No. 155, § 1; 2003, No. 356, §§ 1, 2.