§ 21-4-207 — Sick leave - Accrual and use

(a) (1) (A) Except for the employees under subdivision (a)(1)(B) of this section, each permanent or probationary employee shall be entitled to sick leave with full pay computed on the basis of one (1) day for each complete month of service including the probationary period. (B) 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 sick leave with full pay computed on the basis of one (1) day and four (4) hours for each complete month of service. (2) (A) Only one hundred twenty (120) days of sick leave may be carried over at the end of the calendar year. (B) (i) Fire and emergency service employees under subdivision (a)(1)(B) of this section may accumulate one hundred eighty (180) days of sick leave to carry over at the end of the calendar year. (ii) Payment to a fire and emergency service employee for unused sick leave at retirement under § 21-4-501 et seq. shall be calculated at the one-hundred-eighty-day maximum rate for a fire and emergency service employee. (3) (A) (i) An employee shall be required to furnish a certificate from an attending physician for five (5) or more consecutive days of sick leave. (ii) An agency that has a written procedure to identify patterns of sick leave usage may require an employee to furnish a certificate from an attending physician for any use of sick leave. (B) A certificate from a Christian Science practitioner listed in The Christian Science Journal may be submitted in lieu of a physician's certificate. (b) Sick leave with pay shall not be granted to emergency, hourly, intermittent, or per diem employees. (c) Sick leave with pay shall be allowed to provisional and temporary employees on the basis of one (1) day for each complete month of service. (d) Sick 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. (e) (1) Sick 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. (2) Saturdays, Sundays, holidays, and nonworking days within a period of sick leave shall not be charged as sick leave. Sick leave granted shall be based on working days. (3) Employees transferring between state agencies without a break in service shall, at the time of transfer, retain all accumulated sick leave credits. (4) Whenever an employee is laid off because of budgetary reasons or curtailment of activities and he or she is reinstated within a period of six (6) months, accumulated sick leave may be restored to his or her credit. (f) (1) Except in the case of maternity leave, absences due to sick leave shall be charged in the following order: (A) Earned sick leave; (B) Earned annual leave; (C) Catastrophic leave, when authorized; and (D) Leave without pay, when authorized. (2) (A) Requests for sick leave shall be applied for in advance. (B) If the nature of the sickness makes this impossible, notification of absence on account of sickness shall be given as soon as possible on the first day of absence to the head of the department or the person in charge of the office, and application for sick leave shall be filed within two (2) days after return to duty. (C) If notification is not made in accordance with the procedure in this section, the absence shall be charged to annual leave or leave without pay, at the discretion of the agency director. (3) The minimum charge for absence on account of sickness shall be fifteen (15) minutes.

Legislative History

Amended by Act 2021, No. 573,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5547, eff. 7/1/2019. Amended by Act 2013, No. 997,§ 2, eff. 8/16/2013. Acts 1975, No. 567, § 5; 1983, No. 129, § 1; A.S.A. 1947, § 12-2368; Acts 1989, No. 265, § 1; 1991, No. 91, § 3; 1991, No. 169, § 3; 1997, No. 155, § 2; 2003, No. 356, § 3; 2003, No. 835, § 2; 2007, No. 606, § 2.