ALABAMA STATE PERSONNEL BOARD

ALABAMA STATE PERSONNEL DEPARTMENT

ADMINISTRATIVE CODE

CHAPTER 670-X-14 SICK LEAVE

TABLE OF CONTENTS

670-X-14-.01 Sick Leave

670-X-14-.02 Use Of Sick Leave For Maternity

670-X-14-.03 Restoration Of Leave And Payment For Time Lost Due To On-The-Job Injury Or Occupational Illness

670-X-14-.04 Sick Leave Bank

670-X-14-.01 Sick Leave.

(1) An allowance of four hours for each bi-weekly period of service shall be made for sick leave. Unused portions of such allowance may accumulate but not to exceed a maximum of 150 days; provided that, where an employee suffers extended illness or disability lasting more than 150 days, the State Personnel Board may, on the recommendation of the appointing authority, approve the restoration and use of any sick leave which he might have earned in excess of this maximum. An employee who retires shall be entitled to be paid for fifty percent of his accumulated sick leave at the time of his retirement.

(a) Neither annual nor sick leave shall accrue except when an employee is actually working or on authorized leave with pay, and in no case shall leave accrue subsequent to actual separation from the service.

(b) Sick leave is hereby defined to mean the absence from duty of an employee because of: (1) illness; (2) bodily injury not incurred in line of duty, or bodily injury or occupational illness incurred in line of duty, but for which special leave is not granted; (3) attendance upon members of the immediate family whose illness requires the care of such employee; (4) death in the immediate family of the employee. Immediate family is hereby defined to include wife or husband, children, grandchildren, parents or grandparents, sister or brother, mother-in-law, father-in-law, daugher-in-law and son-in-law. Where usually strong personal ties exist, due to an employee's having been supported or educated by a person of some relationship other than those listed, this relationship may be recognized for leave purposes. In each such case the employee concerned shall file with his appointing authority a written statement of the circumstances which justify an exception to the general rule.

(c) Sick leave with pay is not a right for which employees may make demand, but a privilege granted in accordance with prescribed rules and regulations, to which the Board may make exceptions as the best interest of the service demand.

(d) Either the appointing authority or the Board may require at any time a claim for a sick leave be supported by adequate evidence; and any unjustified or fraudulent claim for sick leave may be punished by loss of pay, loss of accumulated leave, suspension or dismissal.

(e) Employees may not be compensated for accumulated sick leave when they are separated from the state service, except in the case of retirement. However, if they leave the service in good standing and are reemployed within a period of four years from date of separation, sick leave accumulated during previous employment or any part thereof, may be restored upon recommendation by the appointing authority and approval by the Director.

(f) In case of serious disability or illness, sick leave may be advanced to any permanent employee under the following conditions: (1) All accrued leave (sick and annual) must be exhausted before a request for an advance is made. (2) No advance shall be made to any employee unless the absence from duty because of disability for a period of five days or more. (3) Each application for an advance shall be supported by a certificate from a registered practicing physician. (4) The total of advances of sick leave shall not at any time exceed 24 work days.

(g) Employees shall file requests for advance of sick leave with the appointing authority of the department in which they are employed, on forms to be provided by the State Personnel Department. After making such investigations as he deems advisable, the appointing authority shall either approve or disapprove such applications. Provided, that when applications are disapproved, the reason for such action must be stated on the face thereof. Both approved and disapproved applications shall be forwarded to the State Personnel Department, and shall become a part of the personnel records maintained in that office.

(h) Advances of sick leave shall be charged against such leave subsequently accumulating. In the case of separation from the state service of an employee to whom sick leave has been advanced in an amount in excess of that subsequently accumulated, the employee shall be liable for the period of such excess, and a deduction therefor shall be made from any salary due him on the basis of the salary rate obtained during the period of advanced sick leave. If no salary is due such employee from which deductions may be made, or the salary due is insufficient to cover the amount due the state, a written request shall be filed with him asking that the amount due be paid into the state funds from which it was drawn. If he refuses to comply with this request the amount due may be recovered by suit to be filed upon request of the State Personnel Director. No such employee shall be readmitted to the state service unless he shall first satisfy any or all outstanding claims or liabilities which have accrued against him under the foregoing provisions of this rule.

(i) Transfer of Sick Leave into State Merit System. Persons entering the state merit system may not transfer into the state merit system sick leave accumulated outside the state merit system with the following exceptions:

1. Individuals employed by a non-merit system State entity or agency who accumulate sick leave in accordance with the procedures established by the Rules of the State Personnel Board may transfer their accumulated sick leave into the state merit system provided the appointing authority approves the acceptance of the leave. The non-merit system state agency or entity must certify the amount of sick leave the employee has accumulated and further certify that the accumulation of sick leave is in accordance with procedures established by the Rules of the State Personnel Board. This provision does not apply to public schools or public postsecondary institutions.

2. Those persons entering the state merit system from the public schools or public postsecondary institutions of the State of Alabama may, upon the approval of the appointing authority, retain a record of accumulated sick leave that may be used only in the case of illness and only at such times that all state merit system sick and annual leave has been exhausted.

Author: Thomas G. Flower

Statutory Authority: Code of Ala. 1975, 36-26-9.

History: Filed September 29, 1981. Amended: Filed May 24, 1985. Amended: Filed October 3, 1995; effective November 7, 1995. Amended: Filed August 13, 2001; effective September 17, 2001.

670-X-14-.02 Use Of Sick Leave For Maternity. Accumulated sick leave may be used for purposes of maternity leave so long as: (1) the employee works up until the time she is disabled as a result of pregnancy, and (2) returns to work as soon as she ceases to be disabled for this reason. A doctor's verification of disability may be required by the appointing authority.

Author:

Statutory Authority: Code of Ala. 1975, 36-26-9.

History: Filed September 29, 1981.

670-X-14-.03 Restoration Of Leave And Payment For Time Lost Due To On-The-Job Injury Or Occupational Illness.

(1) An on-the-job injury is an injury to an employee caused by an accident arising out of and in the course of his employment when it occurs within the period of his employment at a place where he may reasonably be, and while he is reasonably fulfilling the duties of his employment or engaged in doing something incident to it. An occupational illness is a disease arising out of and in the course of employment which is due to hazards in excess of those ordinarily incident to employment in general and is peculiar to the occupation in which the employee is engaged.

(2) When an employee is required to use accumulated sick or annual leave or leave without pay due to a serious injury on the job or serious occupational illness, up to one hundred percent (100%) of such leave may be restored (or reimbursement made for leave without pay). "Serious" injury or illness is defined to mean work time lost in excess of three (3) days; provided that in the event that time off due to the injury/illness exceeds 21 days, the three days shall automatically be restored.

(3) An appointing authority must request approval of such restoration (or reimbursement) no later than sixty (60) days following the employee's return to work, on State Personnel Department form, and recommend the percent of restoration.

(4) Any payments the employee receives from Workmen's Compensation-type coverage must be deducted from any wages the employee receives.

(5) The total amount of time off allowed under this procedure is twenty-six (26) weeks.

(6) Leave time under this procedure of one to three (1-3) days must be covered by the employee's regular sick or annual leave, compensatory time (for non-exempt employees only), or leave without pay, and is not subject to restoration (or reimbursement); unless waiver is recommended by the appointing authority and approved by the Board.

(7) The Board reserves the right to restore leave at less than one hundred percent (100%), if circumstances warrant.

(8) Out-of-class work assignments for light duty are encouraged. Light duty must be limited to twenty (20) work days or less. Extensions of light duty time may be approved by the Board upon the recommendation of the appointing authority.

(9) A second medical opinion by a physician selected and paid for by the appointing authority is required to substantiate a request for Special Leave. (See paragraph 11 below.)

(10) To be eligible to file a Special Leave Request form (i.e., Form 7), notification of the job related accident or incident must be filed by the employee at the department level before the end of the work shift on which it occurred. An official incident/injury report as well as the Form 7 must be notarized and sworn to under oath before being submitted to the State Personnel Board.

(11) Under exceptional circumstances, the appointing authority may recommend waiver for any or all of the following:

(a) the requirement of a second medical opinion,

(b) the three-day waiting period,

(c) the requirement for the employee to file a notification with his department by the end of his work shift.

(12) Any indication of lack of compliance with these rules shall be brought to the attention of the Personnel Board by the Personnel Director.

(13) The foregoing provisions of this Rule shall continue in force and effect only for on-the-job injuries and occupational illnesses which have occurred prior to October 1, 1994. Compensation for such injuries and illnesses occurring on or after October 1, 1994 will be governed exclusively by the State Employee Injury Compensation Program established by Act 94-680, Regular Session, and Finance Department (Division of Risk Management) Rule 355-8-1, and this Rule shall have no applicability to any injury or illness of any kind, extent or nature which occurs on or after October 1, 1994.

Author: Halcyon Vance Ballard

Statutory Authority: Code of Ala. 1975, 36-26-9.

History: Filed September 29, 1981. Amended: Filed July 23, 1990. Amended: Filed December 16, 1994; effective January 20, 1995.

670-X-14-.04 Sick Leave Bank. Upon the recommendation of an appointing authority and the approval of the Personnel Director, an employee may transfer a specified number of unused sick leave days (within the prescribed 150-day maximum) to another employee of equal or lower classification provided such transfer request (1) is made in writing, (2) is justified by catastrophic circumstances, (3) is recommended by the appointing authority, (4) is acted upon prior to the leave being used, and (5) is recommended only after all other available sick and annual leave has been used. Records of such transfers shall be maintained by the State Personnel Department.

Author: Halcyon Vance Ballard

Statutory Authority: Code of Ala. 1957, 36-26-9.

History: Filed February 28, 1991.