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478-1.18 LEAVE AND HOLIDAYS.
SECTION 18.100. GENERAL PROVISIONS.
PAR. 18.101. Applicability. (06-22-00/07-14-00)
PAR. 18.101.1. As a part of employee compensation, the following rules on leave and holidays shall be applicable to all employees in the classified service of the Merit System. (06-22-00/07-14-00)
PAR. 18.101.2. All agencies of the executive branch, exclusive of the Board of Regents of the University System of Georgia, shall provide for the accrual and usage of leave and holidays for nontemporary employees in the unclassified service in the same manner and amount provided for employees in the classified service. (Reference: O.C.G.A. 45-20-16) (06-22-00/07-14-00)
PAR. 18.102. Administration. (09-08-92/09-21-92)
PAR. 18.102.1. The appointing authority of each agency shall establish employee leave and attendance policies and shall administer such policies consistent with the provisions of this rule and departmental policy. (06-22-95/06-30-95)
PAR. 18.102.2. The Commissioner may review the leave and attendance policies of any agency as to their conformity with this rule. If the departmental leave policies are found to be inconsistent with this rule, the Commissioner shall notify the department head of the discrepancy and recommend adjustments. The department must take corrective action within forty-five (45) calendar days after receipt of the Commissioner's decision or request the Board to review the Commissioner's decision. If the department head requests a review by the Board, the Board shall consider the departmental request along with the decision of the Commissioner. After such review, the Board shall notify the department head of its conclusions and shall direct appropriate action. Decisions of the Board shall be final. (06-22-95/06-30-95)
PAR. 18.103. Divestment of Leave.
PAR. 18.103.1 Accrued Leave Subject to Divestment. Upon a break in service, accrued annual leave and sick leave is divested unless the employee becomes entitled to be paid for the leave. A break in service shall be defined as at least one work day for which an employee is not in employment status and does not receive pay. (06-22-00/07-14-00)
PAR. 18.103.2 Restoration of Divested Sick Leave. Upon returning to state employment and remaining employed for a period of two consecutive years, non-temporary employees who have been re-employed on or after July 1, 2003 are eligible to regain accrued sick leave divested when their previous period of service ended. Divested sick leave includes any sick leave that was available for use at the time of the employee's last separation and does not include any sick leave forfeited prior to the employee's last separation. The amount of divested sick leave the employee may regain is subject to the limitations of PAR. 18.301.4. To obtain restoration of divested sick leave under this rule the employee must apply in writing to their employing agency. The application must include documentation satisfactory to their appointing authority of the amount of their divested sick leave. (08-04-05/10/04/05)
PAR. 18.104. (06-22-00/07-14-00)
PAR. 18.104.1 Credit for Leave on Transfer. An employee moving from a position entitled to earn leave in one agency to a position entitled to earn leave in another agency without a break in service shall be given credit by the receiving agency for unused annual, sick and personal leave. The record of forfeited leave shall also be transferred but the leave shall not be restored to the employee except as provided in Section 18.300. The employee shall not be given credit for more leave than the employee could have earned had the employee been continuously employed by the receiving agency. The employee shall also be given credit toward graduated annual leave accrual for all time continuously employed in a leave earning position. (06-22-00/07-14-00)
PAR. 18.104.2. An employee moving without a break in service from a position entitled to earn leave in an authority to a position entitled to earn leave in an agency shall be given credit by the receiving agency for unused and unpaid annual, sick, and personal leave. Any record of forfeited leave shall also be accepted by the receiving agency, but the leave shall not be restored to the employee except as provided in Section 18.300. The employee shall not be given credit for more leave than the employee could have earned had the employee been continuously employed by the receiving agency. The employee shall also be given credit toward graduated annual leave accrual for all time continuously employed in a leave earning position with the authority. (06-22-00/07-14-00)
PAR. 18.105. Dual Employment. (03-31-99/06-24-99)
PAR. 18.105.1. In any case in which an employee is simultaneously employed in more than one position entitled to earn leave, the employee shall, independently in each position, accrue, use, and be compensated for leave in accordance with the applicable provisions of Rule 18. (03-31-99/06-24-99)
PAR. 18.105.2. The provisions of Par. 18.105.1 shall not apply if an employee is simultaneously employed in two positions in the same department. Should employment be terminated in one, but not both positions, all leave accrual shall be combined and available in the remaining position. (03-31-99/06-24-99)
PAR. 18.106. Charges Against Accrued Leave. (09-08-92/09-21-92)
PAR. 18.106.1. Employees will be charged for annual, sick or personal leave for absence only on days upon which they would otherwise work and receive pay; provided, however, that charges against annual, sick and personal leave shall not be reduced because of late opening, early release or unanticipated closing which occur during the period of leave. (09-08-92/09-21-92)
PAR. 18.106.2. An employee absent on official business is not on leave. (09-08-92/09-21-92)
PAR. 18.107. Credit for Leave on Return from Leave of Absence or Layoff. (09-08-92/09-21-92)
PAR. 18.107.1. Upon return from a leave of absence without pay, an employee shall be given credit for previously accumulated and unused or unpaid annual leave and sick leave, exclusive of forfeited leave. The record of forfeited leave at the beginning of the leave of absence shall be revived but the leave shall not be restored to the employee except as provided in Section 18.300. The period of absence shall not constitute a break in service. (06-22-00/07-14-00)
PAR. 18.107.2. Upon return from a leave of absence without pay, an employee shall be given credit for any previously converted and unused personal leave except as provided in Par. 18. 1103.2. (09-08-92/09-21-92)
PAR. 18.107.3. Upon being rehired, in a position entitled to earn leave, within one year of being laid off as a result of agency downsizing or reorganization, an employee shall be given credit for previously accumulated and unused sick leave. Any record of forfeited leave existing at the time of layoff shall be revived but the leave shall not be restored to the employee except as provided in Section 18.300. The period of absence shall not constitute a break in service for purposes of graduated annual leave accrual. (06-22-00/07-14-00)
PAR. 18.108. Excluded Employees. (03-31-99/06-24-99)
PAR. 18.108.1. Part-time employees who work less than twenty (20) hours per week shall not earn annual or sick leave. (03-31-99/06-24-99)
PAR. 18.108.2. Employees who are in pay status only to receive compensation from previously deferred earnings shall not earn annual or sick leave during periods when not in actual work status. (03-31-99/06-24-99)
PAR. 18.108.3. Temporary and hourly paid employees as determined by the appointing authority. (03-31-99/06-24-99)
PAR. 18.109. Leave in Anticipation of Accrual Prohibited. An employee shall not be granted annual leave or sick leave before such leave is earned as provided in this rule. (09-08-92/09-21-92)
PAR. 18.110. All other provisions of this rule notwithstanding, a department which compensates employees on a monthly basis may elect to administer annual and sick leave as if those employees where compensated on a semi-monthly basis. (06-22-00/07-14-00)
PAR. 18.111. Return from Period of Disability; Conditions. (06-23-94/07-07-94)
PAR. 18.111.1. The appointing authority may require any employee who is absent from duty because of illness or disability to supply an appropriate medical release or certification that the employee is able to return to duty. Such release or certification shall indicate the extent to which the employee is able to perform the essential functions of the employee's position and may be required as a condition of the employee's return to duty. (06-23-94/07-07-94)
PAR. 18.111.2. If an employee is disabled as defined by the Americans With Disabilities Act of 1990 and the employee obtains a medical release or certification to return to restricted duty, the appointing authority shall make reasonable effort to accommodate the employee's medical condition. If it is not possible to provide reasonable accommodation, the appointing authority may take appropriate action as authorized by other provisions of these rules. Any appeal alleging violation of this paragraph shall be limited to those appeal rights and processes specified in federal law. (06-23-94/07-07-94)
PAR. 18.111.3. If an employee is unable to obtain a medical release or certification to return to duty, the appointing authority may take appropriate action as authorized by other provisions of these rules. (06-23-94/07-07-94)
PAR. 18.112. Minimum Leave Period. The appointing authority, upon publication of a written departmental policy, may prescribe a minimum period of annual, sick and/or personal leave which will be charged for any use which is a fractional part of the minimum period. (09-08-92/09-21-92)
PAR. 18.113. Absence After Leave Exhausted. Except as provided in Par. 18.305.1, an employee who is absent after all annual, sick and personal leave is used shall be released in accordance with Par. 12.207 unless the employee properly requests, and the appointing authority approves, leave without pay as authorized in other provisions of these rules. (09-25-97/09-25-97)
PAR. 18.114. Lump Sum Payment for Accrued Annual Leave. (06-22-00/07-14-00)
PAR. 18.114.1. When an employee is granted a leave without pay of thirty (30) days or more, the employee may be paid in lump sum for all accrued annual leave exclusive of forfeited leave. Any such payment shall be calculated as specified in Par. 18.203.4 and Par. 18.203.5. (06-22-00/07-14-00)
PAR. 18.114.2. An employee moving without a break in service from a position entitled to earn leave in one agency or authority to a position entitled to earn leave in another agency or authority shall not be paid for accumulated annual leave. Should an employee erroneously receive pay for accumulated annual leave, the employee shall not be entitled to accrue or use annual, sick, or personal leave in the new agency until the erroneous payment is reimbursed to the paying agency. Upon receipt of evidence satisfactory to the appointing authority that reimbursement has occurred, the employee shall be credited with all leave and service time that would have otherwise accrued to the employee. (06-22-00/07-14-00)
PAR. 18.114.3. When an employee moves, without a break in service, from an agency to an authority or to a unit of the University System of Georgia, the employee shall be paid for any annual leave that cannot be transferred with the employee; provided, however, such payment shall not be made except upon evidence satisfactory to the appointing authority that the employee cannot receive credit for the leave. Any such payment shall be calculated as specified in Par. 18.203.4 and Par. 18.203.5. (06-22-00/07-14-00)
PAR. 18.115. Limitation on the Use of Paid Leave. An employee shall not be allowed to use any type of paid leave, except as provided in Pars. 18.305.5 and 18.305.6, for any time that the employee receives any form of state-funded wage substitutes, including but not limited to workers' compensation. (09-08-92/09-21-92)
PAR. 18.116. For purposes of Rule 18, a workday shall be defined as eight (8) hours. (06-22-00/07-14-00)
SECTION 18.200. ANNUAL LEAVE AND TERMINAL LEAVE.
PAR. 18.201. Annual Leave. (09-08-92/09-21-92)
PAR. 18.201.1. Eligible full-time employees shall earn leave as follows: (03-31-99/06-24-99)
Length of Service - Rate of Accrual
0 through 60 months (inclusive) semi-monthly - 5 hours per pay period 1 1/4 workdays (10 hours) per month
61 through 120 months (inclusive) semi-monthly - 6 hours per pay period 1 1/2 workdays (12 hours) per month
121 months and over semi-monthly - 7 hours per pay period 1 3/4 workdays (14 hours) per month.
PAR. 18.201.2. A full-time employee compensated on a semi-monthly basis shall, at the end of each pay period, earn the leave as specified in Par. 18.201.1 provided the employee is in pay status for forty (40) or more hours during the pay period. A full-time employee compensated on a monthly basis shall, at the end of each pay period, earn leave as specified in Par. 18.201.1 provided the employee is in pay status for eighty (80) or more hours during the pay period. (03-31-99/06-24-99)
PAR. 18.201.3. A part-time employee who works twenty (20) hours or more per week shall earn annual leave at the appropriate rate specified in Par. 18.201.1 and under the limitations specified in Par. 18.201.2; provided, however, such earning and limitations shall be prorated by the percentage of time worked. The percentage of time worked shall be determined by dividing the employee's standard hours by forty (40). (03-31-99/06-24-99)
PAR. 18.201.4. For purposes of leave accrual, the length of service will be computed from current continuous, unbroken service in a position entitled to earn leave with a state authority or a state agency as defined in Par. 1.13. (06-22-00/07-14-00)
PAR. 18.201.5. Employees receiving service, disability or involuntary separation benefits under the Employees' Retirement System of Georgia shall not be entitled to earn annual leave. (03-31-99/06-24-99)
PAR. 18.202. Use and Limitations. (09-08-92/09-21-92)
PAR. 18.202.1. An employee may use accrued annual leave upon approval of the appointing authority. (09-08-92/09-21-92)
PAR. 18.202.2. Annual leave shall be cumulative for not more than three hundred sixty (360) hours (360 hours). Any leave earned in excess of hundred sixty (360) hours (360 hours) at the end of any month is forfeited but may be restored to the employee as provided in Par. 18.302. (03-31-99/06-24-99)
PAR. 18.203. Terminal Leave. (09-08-92/09-21-92)
PAR. 18.203.1. Terminal leave is accrued annual leave for which payment is due upon an employee's separation from employment by death, retirement, resignation, dismissal, abandonment or separation in any manner. (09-08-92/09-21-92)
PAR. 18.203.2. When a separation date has once been fixed administratively so as to permit the employee to be paid terminal leave, the pay status of the employee shall not be extended for the purpose of granting a holiday or unanticipated non-workday occurring after the last day in pay status. (09-08-92/09-21-92)
PAR. 18.203.3. When an employee notifies the appointing authority of termination, the employee shall not be continued on the payroll in leave with pay status for the purpose of increasing the current salary to a higher increment of the paygrade, increasing the rate of leave accrual or the rate at which accrued leave would be paid. (05-26-94/07-01-94)
PAR. 18.203.4. Terminal leave shall be paid for all accrued and unused annual leave which has not been forfeited not to exceed three hundred sixty (360) hours. (03-31-99/06-24-99)
PAR. 18.203.5. Terminal leave pay shall be calculated according to the following formula:
a. Determine the annual base salary last received by the employee. Part-time salary must first be converted to an equivalent full-time salary;
b. Determine the value of each hour of leave by dividing the employee's annual salary by two thousand eighty (2080); (03-31-99/06-24-99)
c. Determine the number of hours to be paid. Decimal fractions of an hour shall be rounded to the next highest hundredth of an hour. (03-31-99/06-24-99)
d. Multiply the value of an hour by the number of hours to be paid. (03-31-99/06-24-99)
SECTION 18.300. SICK LEAVE.
PAR. 18.301. Rate of Accrual. (09-08-92/09-21-92)
PAR. 18.301.1. A full-time employee compensated on a semi-monthly basis shall, at the end of each pay period, earn five (5) hours sick leave provided the employee is in pay status for at least forty (40) hours during the pay period. A full-time employee compensated on a monthly basis shall, at the end of each pay period, earn ten (10) hours sick leave provided the employee is in pay status for at least eighty (80) hours during the pay period. (03-31-99/06-24-99)
PAR. 18.301.2. A part-time employee who works twenty (20) hours or more per week shall earn sick leave as specified in Par. 18.301.1; provided, however, such earnings and limitations shall be prorated by the percentage of time worked. The percentage of time worked shall be determined by dividing the employee's standard hours by forty (40). (03-31-99/06-24-99)
PAR. 18.301.3. Employees receiving service, disability or involuntary separation benefits under the Employees' Retirement System of Georgia shall not be entitled to earn sick leave. (09-08-92/09-21-92)
PAR. 18.301.4. Sick leave shall be cumulative for not more than seven hundred twenty (720) hours. Any leave earned in excess of seven hundred twenty (720) hours at the end of any month is forfeited but may be restored to the employee as provided in Par. 18.302. (03-31-99/06-24-99)
PAR. 18.302. Restoration of Forfeited Leave. In the event of personal or family illness or disability which exhausts available paid leave and compensatory time, the appointing authority may restore as much annual leave forfeited because of the limitation of Par. 18.202.2 and as much sick leave forfeited because of the limitation of Par. 18.301.4, as is required by the circumstances of the illness or disability. Such restoration shall be limited to the leave forfeited during the current period of employment. (06-22-00/07-14-00)
PAR. 18.303. Use of Sick Leave. (09-08-92/09-21-92)
PAR. 18.303.1. Upon approval of the appointing authority, an employee may use accrued sick leave for absence due to personal illness or disability; absence necessitated by exposure to contagious disease by reason of which exposure the health of others would be endangered by the employee's attendance on duty; absence for dental or medical care; absence for the adoption of a child by the employee where the employee's presence is required for health-related reasons; and for absence due to dental care or medical care, illness, accident or death in the employee's immediate family which requires the employee's presence. (04-01-04/04-13-04)
PAR. 18.303.2. For the purpose of this rule, immediate family means the employee's spouse, child, parent, brother and sister. Immediate family also includes any other person who resides in the employee's household and is recognized by law as a dependent of the employee. (09-08-92/09-21-92)
PAR. 18.303.3. The employee may be required to report each day by telephone to the appropriate authority and to furnish evidence satisfactory to the appointing authority for the use of accrued sick leave. The employee, however, shall not be required to provide such evidence for the use of less than seventeen (17) hours of sick leave in any thirty (30) day period unless the employee has demonstrated excessive or abusive use of sick leave. Excessive or abusive use of sick leave shall be defined as a pattern of intermittent, short term usage. Establishment of this pattern shall include, but not be limited to, the following indicators:
a. Frequent use of sick leave in conjunction with holidays, scheduled off days, or distribution of pay checks;
b. Frequent use of sick leave when scheduled for undesirable temporary shifts or assignments, or during periods of peak work load;
c. Requesting sick leave for an absence for which annual leave has previously been denied;
d. Frequent occurrences of illness during the work day;
e. Peculiar and increasingly improbable excuses;
f. Repetitive use of less than 17 hours of sick leave in thirty (30) day periods;
g. Prior written notification of failure to adhere to procedures for approval of leave, inappropriate attendance, or inappropriate use of leave. (Reference: O.C.G.A. 45-20-16(b)). (07-22-93/07-30-93)
PAR. 18.304. Personal Illness During Period of Annual Leave. If an employee is ill for three (3) workdays or more during a period of annual leave, the period of illness may, upon presentation of satisfactory written evidence, be charged as sick leave. The charges against annual leave shall then be reduced accordingly, provided that the request for substitution of sick leave for annual leave is filed with the appointing authority within two (2) weeks after the employee has returned to duty. No such substitution shall be allowed for illness which does not last for three (3) workdays or more. (09-08-92/09-21-92)
PAR. 18.305. Special Situations. (09-08-92/09-21-92)
PAR. 18.305.1. Tuberculosis or Infectious Hepatitis. An employee who contracts tuberculosis or infectious hepatitis while charged with the care, treatment or diagnosis of persons infected with tuberculosis or infectious hepatitis shall, upon exhaustion of all available sick and annual leave, be granted a leave of absence at one-half (1/2) of total compensation or $150 per month whichever is less for the duration of the disability due to tuberculosis or infectious hepatitis, not to exceed three hundred and fifty (350) weeks. An employee on leave of absence under the provisions of this paragraph shall be given credit for all salary adjustments and advancements which would have been received had the employee remained on the position in the same capacity and status the employee held at the time the leave of absence was granted. (Reference: O.C.G.A. 31-29-1). (09-08-92/09-21-92)
PAR. 18.305.2. Compensable Injury or Disease. An employee shall not be allowed to use accrued leave for absences due to an accidental injury or occupational disease which is compensable under the Georgia Workers' Compensation Act, until the employee elects in writing to use accrued leave in lieu of worker's compensation benefits. The leave granted for such purpose shall be credited on a day-for-day basis as compensation against any indemnity award by the State Board of Workers' Compensation. A written election to use accrued leave in lieu of worker's compensation benefits may be executed prospectively. (09-08-92/09-21-92)
PAR. 18.305.3. Sick Leave Exhausted. If an absence because of illness extends beyond sick leave accrued to the credit of an employee, such additional time may be charged to accrued annual leave unless the employee applies for, and the appointing authority approves, a leave of absence without pay. (09-25-97/09-25-97)
PAR. 18.305.4. Donation of a Kidney. An employee who donates a kidney for the purpose of transplantation shall receive a leave of absence with pay of thirty (30) days and such leave shall not be charged against or deducted from any annual or sick leave and shall be included as service in computing any retirement or pension benefits. The employee shall not be entitled to such leave of absence unless a statement from a medical practitioner who is to perform such transplantation procedure or from a hospital administrator that the employee is making a kidney donation as provided in this paragraph is furnished to the supervisor or other proper authority. If the donation does not occur, the provisions of this paragraph shall not be applicable. (Reference: O.C.G.A. 45-20-31). (09-08-92/09-21-92)
PAR. 18.305.5. Disability Due to Certain Injuries. A full-time employee who becomes physically disabled as a result of a physical injury incurred in the line of duty and caused by a willful act of violence committed by a person other than a fellow employee shall be entitled to a leave of absence for the period that the employee is physically unable to perform the duties of the employee's position not to exceed 180 working days for any single incident. Such leave of absence shall be in lieu of sick leave and the employee shall be compensated as provided by law. The employee shall be required to submit satisfactory evidence of such disability to the head of the department. For the purpose of this paragraph:
a. "Agency" means every state department, agency, board, bureau, commission and authority except the Department of Transportation;
b. "Full-time" means an employee who regularly works thirty hours or more each week;
c. "Injured in the line of duty" means an injury which arises out of or in the course of employment. Going to and from work shall not be considered in the line of duty(Reference: O. C. G. A. 45-7-9) (06-22-00/07-14-00)
PAR. 18.305.6. Any law enforcement officer or employee of the Department of Corrections, State Board of Pardons and Paroles, Department of Natural Resources or Department of Revenue who qualifies for disability allowances pursuant to Code Section 47-2-221 shall not be entitled to any benefits under Par. 18.305.5. (Reference: O.C.G.A. 45-7-9). (09-08-92/09-21-92)
PAR. 18.305.7. Injury to Employees of the Department of Transportation. An employee of the Department of Transportation who is injured in the line of duty by an act of external violence, accident, or injury shall be entitled to a leave of absence for the period that the employee is physically unable to perform the duties of the employee's position not to exceed 180 working days for any single incident. Such leave of absence shall be in lieu of sick leave and the employee shall be compensated as provided by law. The employee shall be required to submit satisfactory evidence of such disability to the department head. For the purpose of this paragraph the term "external violence, accident, or injury" shall not include any violence, accident or injury caused by an employee of the department or an employee of a contractor or subcontractor performing duties under a contract with the department; and the term "line of duty" means working in the proximity of traffic movements, or equipment movements doing maintenance, construction, or other activities which may be construed as hazardous. (Reference: O.C.G.A. 32-2-7). (09-08-92/09-21-92)
SECTION 18.400. LEAVE OF ABSENCE WITHOUT PAY.
PAR. 18.401. Authorized Leave Without Pay. An employee on permanent or working test status may, upon written application to and approval by the appointing authority, obtain a continuous leave of absence without pay for a period not to exceed twelve (12) months. A notice of approval of a request for a leave of absence shall be provided to the employee and shall contain the terms and conditions of the approval. At the expiration of the leave, the employee shall be reinstated to the former position or to a position of equal grade and pay without loss of any rights provided the employee returns within the terms of the leave granted. (06-22-00/07-14-00)
PAR. 18.402. Contingent Leave Without Pay. An employee on permanent or working test status may, upon written application to and approval by the appointing authority, be granted a contingent leave of absence without pay for a period not to exceed twelve (12) months. A notice of approval of a request for a leave of absence shall be provided to the employee and shall contain the terms and conditions of the approval including a statement that the employee's right to return at the expiration of the leave shall be contingent upon a suitable vacancy being available. (10-27-94/11-03-94)
PAR. 18.403. Reserved. (03-26-98/04-02-98)
PAR. 18.404. Other Leave Without Pay. (09-08-92/09-21-92)
PAR. 18.404.1. An employee who is absent without approval of the appointing authority, shall be placed in non-pay status during the period of absence. Absences of this type may be grounds for disciplinary action. The employee shall not be continued in such status for more than fifteen (15) calendar days in any one continuous period of absence. (06-22-00/07-14-00)
PAR. 18.404.2. An employee who is absent with approval of the appointing authority, but does not have accrued leave to cover the period of absence or who elects to forego the use of available paid leave, shall be placed in non-pay status during the period of absence. The employee shall not be continued in such status for more than fifteen (15) calendar days in any one continuous period of absence. (06-22-00/07-14-00)
PAR. 18.404.3. At the expiration of the fifteen (15) calendar days specified in Par. 18.404.1 or Par. 18.404.2, an employee shall be returned to work status or released unless the employee properly requests, and the appointing authority approves, leave without pay as authorized in other provisions of these rules. (06-22-00/07-14-00)
PAR. 18.404.4. Furlough or Temporary Layoff. Due to curtailment of funds, the appointing authority may, as a temporary reduction in force, place employees in non-pay status pursuant to a plan previously filed with and approved by the Commissioner in accordance with Rule 19; provided, however, that no employee shall be placed in a non-pay status for more than a total of thirty (30) workdays in any twelve (12) month period. Absences under the provisions of this paragraph shall not be charged against accrued annual or sick leave, or compensatory time; however, such absences will not delay eligibility of salary advances under Section 17.400 nor be considered a break in service. (05-27-93/06-09-93)
PAR. 18.404.5. If sufficient work is temporarily unavailable or not feasible, the appointing authority may, pursuant to a prior written employment agreement, place the employee in non-pay status during the period. An employee who has accrued annual leave or compensatory time shall, upon request, be granted such leave or compensatory time in lieu of leave without pay. This provision shall not be used in lieu of an adverse action. (06-22-00/07-14-00)
PAR. 18.405. Extension of Leave of Absence. The appointing authority may extend the leave of absence without pay of an employee beyond the limitations of Par. 18.401 or Par. 18.402. The extension shall not exceed twelve (12) months. At the expiration of the leave extension, the employee, in the discretion of the appointing authority, may be reinstated in the service without loss of any rights contingent upon a suitable vacancy being available. (06-22-00/07-14-00)
PAR. 18.406. Leave Without Pay Limited. Except as provided in Section 18.500, a continuous leave of absence under any provisions of rule or law shall not exceed twenty-four (24) months. (06-22-00/07-14-00)
SECTION 18.500. MILITARY LEAVE. (Reference: O.C.G.A. 38-2-279). (09-08-92/09-21-92)
PAR. 18.501. Definitions. (09-08-92/09-21-92)
PAR. 18.501.1. The term "employee," as used in this section, includes persons on permanent, or working test status. (06-26-97/06-30-97)
PAR. 18.501.2. The term "ordered military duty," as used in this section means: any military duty performed in the service of the State or of the United States, including but not limited to, attendance at any service school or schools conducted by the armed forces of the United States by an employee as a voluntary member of the National Guard or any reserve force or reserve component of the armed forces of the United States pursuant to orders issued by the competent State or federal authority. For Purposes of this Rule, the term "ordered military duty" does not apply to service with the State Defense Force. Therefore, the provisions of this rule do not apply to service with the State Defense Force. (10-24-02/10-24-03)
PAR. 18.502. Leave of Absence for Ordered Military Duty. An employee shall be entitled to be absent from work and shall be deemed to have a leave of absence while engaged in the performance of ordered military duty and while going to and returning from such duty. (09-08-92/09-21-92)
PAR. 18.503. Pay for Military Leave; Exceptions. (03-31-99/06-24-99)
PAR. 18.503.1. An employee ordered to military duty shall be paid the salary or other compensation as such employee while engaged in the performance of such duty, and while going to and returning from such duty, not exceeding a total of one hundred forty-four (144) hours in any one federal fiscal year. (10-24-02/10-24-03)
PAR. 18.503.2. An employee ordered to military duty shall, if the period of ordered duty extends beyond the period covered by paid Military Leave authorized by PAR. 18.503.1 or PAR. 18.503.3, be granted a leave of absence without pay for such period as required by law. Employers may allow employees to use accrued Annual Leave, Personal Leave, holiday time, and/or Compensatory Time for absences due to ordered military duty after paid Military Leave has been exhausted. (10-24-02/10-24-03)
PAR. 18.503.3. In the event the Governor declares an emergency and orders an employee to ordered military duty as a member of the National Guard, the employee, while performing such duty, shall be paid the salary or other compensation as such employee for a period not exceeding two hundred forty (240) hours in any one federal fiscal year. (10-24-02/10-24-03)
PAR. 18.503.4. An employee whose work schedule is established as less than forty (40) hours per week shall be eligible for paid leave as specified in Pars. 18.503.1, and 18.503.3 prorated upon the employee's normal work schedule. (10-24-02/10-24-03)
PAR. 18.504. Leave of Absence to Attend Service Schools. An employee who is or becomes a voluntary member of any force of the national guard or of any reserve force or reserve component of the armed forces of the United States shall be entitled to be absent from work and shall be deemed to have a leave of absence from duty while in attendance, as a member of such force or reserve component, at any service school or schools conducted by the armed forces of the United States, and while going to and returning from such school or schools. (10-24-02/10-24-03)
PAR. 18.505. Leave of Absence for Active Duty, Active Duty for Training and Inactive Duty Training. An employee who enlists or is inducted into the armed forces of the United States, or any reserve component thereof, and is ordered to active duty, active duty for training or inactive duty training shall be entitled to a leave of absence for such period as is provided by law in each case. (09-08-92/09-21-92)
PAR. 18.506. Employment/Reinstatement. (09-08-92/09-21-92)
PAR. 18.506.1. Time during which an employee is absent pursuant to the provisions of Par. 18.502 and Par. 18.504 shall not constitute an interruption of continuous employment, and notwithstanding any other provision of these rules, no such employee shall be subjected, directly or indirectly, to any loss or diminution of time, service, increment, vacation or holiday privileges, or any other right or privilege, by reason of such absence, or be prejudiced, by reason of such absence with reference to continuance in employment, reemployment, reinstatement, transfer or promotion. (09-08-92/09-21-92)
PAR. 18.506.2. Upon timely application as provided by law in each case following satisfactory completion of active duty, active duty for training or inactive duty training, an employee shall:
(1) if still able to perform the essential functions of the former position with or without reasonable accommodations, be reinstated to such position or to a position of like seniority, status and pay; or
(2) if not able to perform the essential functions of the former position with or without reasonable accommodations because of disability sustained during this service, but able to perform the duties of any other position in the agency, upon request be reinstated to such other position, unless the agency's circumstances have so changed as to make it impossible or unreasonable to do so. (10-24-02/10-24-03)
PAR. 18.506.3. An employee reinstated following active duty, or active duty for training of not less than three (3) consecutive months, shall be entitled to such rights and benefits as are applicable to other employees on leave of absence without pay in accordance with the rules in effect at the time the employee entered upon active duty or active duty for training. (09-08-92/09-21-92)
PAR. 18.506.4. An employee reinstated following inactive duty training, or active duty for training for less than three (3) consecutive months, shall be entitled to such seniority, status, pay and all other benefits as if the employee had not been absent for such training. (09-08-92/09-21-92)
PAR. 18.506.5. In any appeal involving the reinstatement of a veteran the Board shall have authority to make equitable readjustments notwithstanding any other provisions of the rules concerning reinstatement. (09-08-92/09-21-92)
PAR. 18.507. Absence for Examination Purposes. Absence from work due to orders received to report for any pre-induction or other examination to determine physical or other fitness for service in the armed forces of the United States, may, upon specific request of the employee, be charged against accrued annual leave. An employee who does not desire to use accrued annual leave for this purpose shall be granted a leave of absence without pay for the period of absence as provided by law. (09-08-92/09-21-92)
SECTION 18.600. COURT LEAVE.
PAR. 18.601. Leave to Serve as Juror or Witness. An employee shall be entitled to leave of absence from duties, without loss of pay or time and without effect on any report of performance, on all days during which the employee shall be subpoenaed to serve as a juror or witness or for other proceedings for which an employee is subpoenaed or summoned to appear by any federal, state or local court. The time allowed for court leave shall include the time that the employee's presence is actually required by the court, plus such additional time as is reasonably necessary in the opinion of the appointing authority for the employee to prepare for or recuperate from the court duty. (09-25-97/09-25-97)
PAR. 18.602. Exception. Notwithstanding the provisions of Par. 18.601, an employee shall not be granted court leave for any case or proceeding in which the employee is litigant, defendant or other principal party, or if the employee has any other personal or familial interest in the proceeding. (09-08-92/09-21-92)
PAR. 18.603. Documentation. The appointing authority shall require the employee to submit a copy of the subpoena, summons for jury duty or other court order or process as a prerequisite for approval of court leave. Appropriate certification of service may also be required. (09-08-92/09-21-92)
PAR. 18.604. Penalties Prohibited. An employee shall not be discharged, disciplined, or otherwise penalized because the employee is absent from employment for the purpose of attending a judicial proceeding in response to a subpoena, summons for jury duty, or other court order or process which requires the employee's attendance at the judicial proceeding. No person shall threaten to take or communicate an intent to take any action prohibited by law or this paragraph. This paragraph shall not apply to an employee who is charged with a crime, nor shall it prohibit the appointing authority from requiring an employee to abide by regulations which require reasonable notification in advance of the employee's expected absence to attend a judicial proceeding. (Reference: O.C.G.A. 34-1-3). (09-08-92/09-21-92)
SECTION 18.700. (Reserved). (10-27-94/11-03-94)
SECTION 18.800. TEMPORARY DISABILITY LEAVE.
An employee on permanent, working test, or provisional status may, upon request and upon certification by a licensed physician that the employee is disabled for gainful employment, be granted temporary disability leave to the extent of accrued sick and annual leave. Determination of the period of disability shall be made by the appointing authority on the basis of appropriate medical evidence. If the period of disability exceeds the accrued sick and annual leave the employee may be placed on regular leave without pay, contingent leave without pay, other leave without pay, or released in accordance with Par. 12.207. (09-08-92/09-21-92)
SECTION 18.900. ADMINISTRATIVE LEAVE.
PAR. 18.901. Voting Time. Each employee shall, upon reasonable notice to the appointing authority be permitted to take any necessary time off from employment without loss of pay to vote in any municipal, county, state or federal political party primary or election for which the employee is qualified and registered to vote, on the day on which the primary or election is held; provided, however, that such time off shall not exceed two (2) hours; and provided further that if the hours of work of the employee commence at least two (2) hours after the opening of the polls, or end at least two (2) hours prior to the closing of the polls, the time off for voting as provided in this paragraph shall not apply. The appointing authority may specify the hours during which the employee may be absent as herein provided. (Reference: O.C.G.A. 21-2-404). (09-08-92/09-21-92)
PAR. 18.902. Blood Donation Time. (Reference: O.C.G.A. 45-20-30). (09-08-92/09-21-92)
PAR. 18.902.1. Each employee shall be allowed a leave of absence of not more than eight (8) hours in each calendar year without loss of pay for the purpose of donating blood. The absence shall be computed at two (2) hours per donation, up to four (4) times per year. However, any employee who donates blood platelets or granulocytes through the pheresis process shall be allowed a leave of absence of not more than sixteen (16) hours in each calendar year without loss of pay which shall be computed at four (4) hours per donation up to four (4) times per year. (09-08-92/09-21-92)
PAR. 18.902.2. The appointing authority may specify the hours of absence for donation of blood provided for in Par. 18.902.1. The time allowed shall include the time required to donate the blood. An employee who does not use the time allowed at the time of each donation, does not accrue any right to subsequent absence or payment therefor. (09-08-92/09-21-92)
PAR. 18.903. Temporary Emergencies. (09-08-92/09-21-92)
PAR. 18.903.1. If employees are absent from duty because of severe weather conditions or other emergencies, the appointing authority, at personal discretion, may:
a. permit the employees to make up the time lost from work; provided, however, that the make-up time for employees covered by the provisions of the Fair Labor Standards Act shall be completed during the same work week, and the make-up time for employees exempt from the provisions of the Fair Labor Standards Act shall be completed no later than fifteen (15) workdays after the absence; (03-31-99/06-24-99)
b. permit the employee to charge the period of absence to accrued compensatory time;
c. permit the employee to charge the period of absence to accrued annual leave; or
d. place the employee on leave without pay for the period of absence if none of the above options is available. (09-08-92/09-21-92)
PAR. 18.903.2. A department head who believes that existing or imminent weather conditions or other appropriate circumstances warrant the closing of an office or facility may excuse from duty the employees directly affected by such conditions for such time as may be necessary. Such excused time shall be without loss of pay. (09-08-92/09-21-92)
PAR. 18.903.3. Employees who are not directly affected by the conditions described in Par. 18.903.1 and Par. 18.903.2, or who are not scheduled to work during such times, shall not accrue any right to, and shall not be compensated in any manner for, any absence that may be authorized for the employees directly affected. (09-08-92/09-21-92)
PAR. 18.903.4. Employees who are required to work additional time because of the closing of an office or facility shall be compensated under provisions of Regulations Governing the Payment of Overtime and the Granting of Compensatory Time, as applicable. (09-08-92/09-21-92)
PAR. 18.904. Preparation Time. The appointing authority may grant an employee a leave of absence without loss of pay or time for the employee to prepare a personal response to a proposed adverse action. Such leave shall not exceed eight (8) hours per adverse action. (09-08-92/09-21-92)
PAR. 18.905. Disaster Volunteer Leave. (Reference: O.C.G.A. 38-3-90 et. seq.) (06-30-98/07-07-98)
PAR. 18.905.1. An employee who is a certified disaster service volunteer of the American Red Cross may be granted a leave of absence to participate in specialized disaster relief services for the American Red Cross. (06-30-98/07-07-98)
PAR. 18.905.2. Disaster Volunteer Leave shall: (06-30-98/07-07-98)
a. Not be charged against annual leave, sick leave, personal leave, or compensatory time; (06-30-98/07-07-98)
b. Be authorized only if the employee's services are requested by the American Red Cross; (06-30-98/07-07-98)
c. Be at the discretion of the appointing authority and coordinated through the director of emergency management; (06-30-98/07-07-98)
d. Be granted only for services related to a disaster occurring within this state or in a contiguous state which has a reciprocal statutory provision; and, (06-30-98/07-07-98)
e. Not exceed one hundred twenty (120) hours in any twelve (12) month period (05-27-99/06-24-99)
SECTION 18.1000. HOLIDAYS. (Reference: O.C.G.A. 1-4-1).
PAR. 18.1001. Statutory Holidays. The State of Georgia shall recognize and observe as public and legal holidays: (09-08-92/09-21-92)
A. All days which have been designated as of January 1, 1984 as public and legal holidays by the federal government; and (09-08-92/09-21-92)
B. All other days designated and proclaimed by the Governor as public and legal holidays or as days of fasting and prayer or other religious observance. In such designation the Governor shall include at least one of the following dates: January 19, April 26, or June 3 or a suitable date in lieu thereof to commemorate the event or events now observed by such dates. (09-08-92/09-21-92)
PAR. 18.1002. Observance of Holidays. (09-08-92/09-21-92)
PAR. 18.1002.1. The Governor shall close all state offices and facilities a minimum of twelve (12) days throughout the year and not more than twelve (12) days in observance of the public and legal holidays and other days set forth in Par. 18.1001. and shall specify the days state offices and facilities shall be closed for such observances. (09-08-92/09-21-92)
PAR. 18.1002.2. A holiday will normally be observed on the date designated in the Governor's proclamation; provided,
a. an employee who is required to work on a day proclaimed as a holiday shall be compensated for the work or granted equivalent time off, except as provided in Par. 18.1002.4 or Par. 18.1002.5; and
b. an employee whose normal time off occurs on a day proclaimed as a holiday shall be compensated or granted equivalent time off, except as provided in Par. 18.1002.3, Par. 18.1002.4 or Par. 18.1002.5.; and,
c. any compensation or equivalent time off accrued for a holiday proclaimed on or after November 1, 1999 shall be provided within one hundred and twenty (120) calendar days of the day proclaimed as a holiday; and,
d. in circumstances where the operations of the agency are subject to seasonal fluctuations that impact the availability of work, an agency head may elect, upon notification to employees by the adoption of a written policy, to grant equivalent time off at any time within the calendar year in which equivalent time off for a holiday is accrued; and,
e. the equivalent time off shall not exceed the time actually worked on the day proclaimed as a holiday or eight (8) hours, whichever is less. (10-28-99/11-15-99)
PAR. 18.1002.3. Part-Time Employees. A part-time employee shall not receive additional compensation or time off for a holiday which occurs on a regularly scheduled off day.
PAR. 18.1002.4. Employees who work any schedule of eight-hour days in which the scheduled off-days equal or exceed one hundred and sixteen (116) days a year shall not be granted additional compensation or additional time off for holidays. Appropriate prorata adjustment consistent with this provision shall be made for any employee whose regularly scheduled workday is other than eight (8) hours. (09-08-92/09-21-92)
PAR. 18.1002.5. Employees who are employed on an academic school year basis, and whose annual compensation is based on a specified number of workdays, shall not be granted additional compensation or time off for work performed on a day proclaimed as a holiday if the holiday is a workday on which the employee's salary is based. (09-08-92/09-21-92)
PAR. 18.1002.6. Payment for Equivalent Time Off. An employee who separates or is separated from a department shall be paid for any equivalent time off not utilized prior to separation. (05-27-99/06-24-99)
PAR. 18.1002.7. At the discretion of the appointing authority, an employee may be required to use accumulated time off for holidays prior to the use of any other paid leave or compensatory time off. (10-28-99/11-15-99)
PAR. 18.1003. Eligibility for Holiday Pay. (09-08-92/09-21-92)
PAR. 18.1003.1. An employee shall not be granted a holiday in advance of the declaration and observance of such holidays as provided in this rule. (09-08-92/09-21-92)
PAR. 18.1003.2. An employee shall be paid for a holiday or unanticipated non-workday only if the employee is in pay status the full scheduled work shift the scheduled work day before or after the holiday. Provided, however, that:
a. such payment shall not be made if the employee is separating from state service and the holiday is in a different calendar year;
b. the compensation of an employee who is separating in order to receive benefits under a state retirement system shall not be reduced due to the application of this paragraph; and
c. such payment shall not be made to an individual entering or reentering state service the scheduled work day following the holiday. (08-22-02/08-30-02 )
PAR. 18.1003.3. An employee scheduled to work on a holiday who fails to report for any portion of the scheduled duty and whose absence is not authorized, shall not be granted additional compensation or time off for the holiday. (09-22-94/10-06-94)
PAR. 18.1004. Requests to Observe Other Religious Holidays. An employee, upon request to the appointing authority at least seven (7) days in advance, shall be given priority consideration for time away from work for observance of religious holidays not provided for in Par. 18.1001. Any paid time for such religious holiday observance shall be charged to compensatory time or accrued annual leave available to the employee at the time of the holiday observance. No employee may claim priority consideration for more than three (3) workdays in each calendar year. A request by an employee for time away from work to observe a religious holiday shall not be denied unless: (1) the employee has inadequate compensatory time or accrued annual leave to cover such period of absence; or (2) the duties performed by the employee are urgently required and the employee, in the judgment of the appointing authority, is the only person available who can perform the duties. (09-08-92/09-21-92)
SECTION 18.1100. PERSONAL LEAVE. (Reference: O.C.G.A. 45-20-16).
PAR. 18.1101. Conversion to Personal Leave. Employees who have accumulated more than 120 hours of sick leave as of November 30 of any year, may convert up to 24 hours of the accumulation in excess of 120 hours to personal leave. The employee must notify the Appointing Authority of such a conversion, in writing or by electronic transmission, no later than December 31 of that year. (09-25-97/09-25-97)(02-08/03-17-08)
PAR. 18.1102. Use of Personal Leave. (09-08-92/09-21-92)
PAR. 18.1102.1. Personal leave shall be available for use by an employee during the calendar year following the year of conversion. (09-08-92/09-21-92)
PAR. 18.1102.2. Personal leave may be used by the employee for personal reasons upon approval of the appointing authority. The appointing authority shall make every reasonable effort to accommodate requests to utilize personal leave. (09-08-92/09-21-92)
PAR. 18.1102.3. Employees shall normally be required to provide a 24 hour advance notice of intent to use personal leave. (09-08-92/09-21-92)
PAR. 18.1103. Limitations of Personal Leave. (09-08-92/09-21-92)
PAR. 18.1103.1. Once an employee's election to convert sick leave to personal leave has been verified by the appointing authority, such election shall be irrevocable. (09-08-92/09-21-92)
PAR. 18.1103.2. Personal leave shall be forfeited and not restored to the employee if not used by December 31 of the year in which such leave was available to the employee or upon termination of the employee during such year. (09-08-92/09-21-92)
Authority O.C.G.A. 45-20-3; 45-20-3.1; 45-20-4.
