123:1-32-07. Personal leave with pay and charge of personal leave for employees paid by warrant of the director of budget and management

(A) Eligibility for personal leave. Each full-time permanent and part-time permanent employee whose salary or wage is paid directly by warrant of the director of budget and management shall be eligible for personal leave with pay which may be used for any matter of a personal nature.

(B) Credit of personal leave. Each full-time permanent employee shall be credited with thirty-two hours of personal leave each year. Each part-time permanent employee shall be credited with a prorated portion of personal leave each pay period at the rate of .015375 hours per non-overtime hour in active pay status. Such credit shall be made to each eligible employee in the first paycheck the employee receives in December. Employees who are in no pay status at the time the credit is made shall have their personal leave reduced upon their return by one and two-tenths hours for each full pay period the employee spent in no pay status.

(C) Compensation. Compensation for personal leave shall be equal to an employee's base rate of pay.

(D) Charge of personal leave. For each instance of personal leave use, personal leave shall be charged in an initial minimum unitof two hours; personal leave used after the initial two hour minimum unit shall be charged in units of one-tenth hour. Personal leave may be used in initial minimum units of less than two hours only if the employee is using personal leave to supplement disability, workers' compensation or childbirth/adoption leave. Employees shall be charged personal leave only for the days and hours for which they would have otherwise been scheduled to work, but shall not include scheduled overtime.

(E) Notification and approval of use of personal leave. Employees may use personal leave upon giving reasonable notice to the employee's supervisor or other responsible administrative officer of an appointing authority. Such requests should be in writing. Requests should, when possible, be made a reasonable time in advance of the date or dates requested for use of personal leave unless the use is for an emergency situation. State agencies, boards, and commissions should establish procedures implementing the provisions of this paragraph and shall be responsible for informing all employees of the notification policy. Reasonable notification policies should be based upon the operational requirements of an agency.

(F) Personal leave may not be used to extend an employee's date of resignation or date of retirement.

Five Year Review (FYR) Dates: 1/15/2020 and 01/15/2025
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.386
Prior Effective Dates: 11/29/1981, 03/29/1982, 10/24/1983, 04/05/1984, 07/16/1984, 02/04/1996, 11/14/2000, 07/01/2006, 12/01/2006, 01/18/2009, 09/20/2015, 01/06/2019

Prior History: (Five Year Review (FYR) Dates: 1/15/2020 and 01/15/2025
Promulgated Under: 119.03
Statutory Authority: 124.09
Rule Amplifies: 124.386
Prior Effective Dates: 11/29/1981, 03/29/1982, 10/24/1983, 04/05/1984, 07/16/1984, 02/04/1996, 11/14/2000, 07/01/2006, 12/01/2006, 01/18/2009, 09/20/2015, 01/06/2019)