§ 36-4-63. Sick leave and other leave — Effect of discharging upon overtime work and overtime
compensation.
(a) For each discharge with pay of three (3) consecutive days of sick leave, an employee's
appointing authority shall require a physician's certificate or other evidence satisfactory
to the appointing authority. Sick leave is hereby defined to mean a necessary absence
or absences from duty due to an employee's illness, injury, or exposure to contagious
disease. In the event that the required evidence satisfactory to the appointing authority
is not presented by the employee prior to or upon the conclusion of that leave, no
payment of any compensation to which the employee would otherwise be entitled shall
be made and the employee shall be considered for all purposes as having been absent
without leave.
(b) In any given pay period in the event that an employee discharges any sick leave or
leave of a type referred to in subsection (a) of this section, either with pay or
without pay, he or she shall be permitted to work overtime only after he or she has
worked his or her full thirty-five (35) or forty (40) hours, whichever is appropriated
for the job classification. This subsection shall also apply to leave without pay
which is taken by an employee for purposes other than those purposes referred to in
subsection (a) of this section excluding, specifically, planned vacation days, personal
days, and leave for death in employee's immediate family.
(c) Overtime, for purposes of this section, shall mean the performance of hours of work
in any work week which are in excess of an employee's established work week schedule,
or when requested by the employer. Hours which are paid for but not actually worked
except planned vacation days, personal days, jury duty, and leave for death in the
employee's immediate family shall not be counted as hours worked nor shall they otherwise
be used in computing overtime compensation.
(d) The provisions of subsection (b) of this section shall not be applicable to employees
in the nonstandard category.
(e) Notwithstanding other subsections of this section, an employee who is granted leave
with or without pay for the purpose of fulfilling a military obligation shall be eligible
to perform overtime work.
(f) Notwithstanding the provisions of any other law, it shall be unlawful for any state
agency or any person or persons acting on behalf of the agency, to agree to, or enter
into any agreement including a collective bargaining agreement or any amendment, modification,
extension, or replacement thereof, whether verbal or written, which contains provisions
that are inconsistent with the provisions of this section and the inconsistent provisions
shall be null and void, whether the provisions result from agreement or the award
of an arbitrator or arbitration panel under the provisions of chapter 11 of this title.