§ 21-4-210 — Leave of absence without pay

(a) (1) Upon application in writing to and written approval by the agency director, a state employee may be eligible to obtain a continuous leave of absence without pay up to six (6) months unless: (A) Granted in accordance with § 21-4-212 ; or (B) The agency director has determined that the state employee's request for leave of absence without pay would cause an undue hardship on the agency. (2) At the expiration of such leave, the employee shall be reinstated in the service without loss of any of his or her benefits or shall extend the leave of absence without pay up to an additional six (6) months unless: (A) The agency director has determined that reinstatement or continuing the leave without pay status of the state employee would cause an undue hardship on the agency; or (B) The position is no longer available due to a budgetary reduction in staff of the agency. (b) Failure on the part of an employee to report promptly at the expiration of the leave of absence except for satisfactory reasons submitted in advance shall be a cause for dismissal. (c) (1) (A) Except in accordance with § 21-4-212 and in the case of maternity leave, leave of absence without pay shall not be granted until all of the employee's accumulated annual leave has been exhausted. (B) However, an agency may place an employee in a leave-without-pay status: (i) For disciplinary reasons in accordance with the agency's written and publicized personnel policy; (ii) Due to inclement weather as designated by state policy; or (iii) Due to necessary budget reduction as determined by the state agency director. (2) Leave of absence without pay due to illness shall not be granted until all of the employee's accumulated sick leave has been exhausted. (3) In the case of maternity leave, the employee may elect to take leave of absence without pay without exhausting accumulated annual and sick leave. (d) (1) Any employee on leave of absence without pay shall not accumulate leave time, participate in agency group insurance programs to which the state contributes, or receive pay for any legal holidays. (2) Nothing in this subsection shall preclude an employee from paying the total costs of agency group insurance during such leave and being reinstated into such programs on return to duty.

Legislative History

Acts 1975, No. 567, § 6; 1983, No. 129, § 2; 1983, No. 931, § 5; A.S.A. 1947, § 12-2369; Acts 2003, No. 835, § 3.