Procedure: Accrued Leave

Eligible Department employees accrue annual, sick and personal leave as indicated in this procedure. Absences from work will be charged to accrued leave, only on days on which employees would otherwise work and receive pay. Employees are to be charged leave only for the time during which they are absent from work and are not to be required to remain away from duty as a matter of convenience for the purpose of charging leave. Leave shall not be used before it is accrued.

Annual Leave

Eligibility

1) Full-time employees, and part-time classified and unclassified employees who are scheduled to work at least twenty (20) hours per week are eligible to accrue annual leave UNLESS they are:

  • Hourly,
  • Temporary, or
  • State re-employed ERS/TRS retired employees.

2) Part-time employees scheduled to work fewer than twenty (20) hours per week do not accrue annual leave.

Accrual

Eligible employees accrue annual leave at the end of each pay period provided they are in pay status for the required amount of time.  Accrued annual leave will be available for use at the beginning of the pay period after it is earned.

1) Eligible full-time employees, compensated on a semi-monthly basis shall accrue annual leave at the end of each semi-monthly pay period provided they are in pay status for at least forty (40) hours. A full-time employee compensated on a monthly basis shall accrue annual leave at the end of each monthly pay period provided the employee is in pay status for eighty (80) or more hours during the pay period. This minimum period is prorated for part-time employees by the percentage of time worked.

NOTE:  The percentage of time worked is determined by dividing the scheduled work hours per week by forty (40).

2) Eligible employees who are not in pay status for the minimum amount of time in a pay period do not accrue annual leave for this pay period.

3) Eligible employees accrue annual leave at the following rates, depending on length of continuous service:

* Full-time employees:

  • 5 hours per pay period - 0-60 months (inclusive) – semi-monthly
  • 6 hours per pay period – 61-120 months (inclusive) – semi-monthly
  • 7 hours per pay period – 121 months and greater – semi-monthly
  • 10 hours per pay period – 0-60 months (inclusive) – monthly
  • 12 hours per pay period – 61–120 months (inclusive) – monthly
  • 14 hours per pay period – 121 months and greater – monthly

NOTE:  The “length of continuous service: begins on the first day an employee reports for work in a position entitled to earn leave.  Accrual is based on continuous, unbroken service.  If there is a break in service, the “length of continuous service” starts over on the date of rehire, and employees begin to accrue annual leave at the lowest semi-monthly accrual rate.

When the first day of the pay period is a regularly scheduled non-work day and an employee reports to work on the first workday of the pay period, the length of continuous service is calculated from the first day of the pay period.
  • Eligible part-time employees accrue annual leave at the end of each semi-monthly pay period at the rates specified for full-time employees prorated by the percentage of time worked.  (e.g., An employee in pay status for thirty (30) hours per week accrues 75% of the full-time accrual amount.)  Leave is carried to three (3) decimal places.

  • Eligible employees begin accruing annual leave at the appropriate higher rate on the first day of the pay period after completing the required months of continuous service.

Forfeiture of Annual Leave

Eligible employees can accumulate up to a maximum of 360 hours of annual leave.  Any annual leave in excess of 360 hours is placed in a forfeited status, but may be restored in cases of illness or disability.  Leave accrued beyond 360 hours is forfeited at the close of business on the last day of the month.

Use of Annual Leave

1) Annual leave may be used for any purpose.

2) Unless an emergency situation exists, employees must request and receive approval from their supervisors before using annual leave.

3) Employees are responsible for planning time off well in advance and notifying their supervisors as soon as possible in order to minimize the interruption to work flow while employees are away.

4) Employees are not required to give specific reasons for requesting annual leave, unless a situation such as the following applies:

  • The leave is for an unscheduled/emergency absence,

  • The Department or Technical Colleges are short staffed or have a major assignment pending, or

  • The employees are under the restrictions of an Attendance Plan.

NOTE: Employees involved in direct classroom instructional activities should restrict annual leave request to periods when classes are not in session.

Employees may be required to use FLSA compensatory time before using annual leave.

Scheduling Annual Leave

1) Supervisors are responsible for scheduling annual leave. Prior to approving requests for annual leave, they must consider factors, including, but not limited to:

  • Workloads,
  • Deadlines,
  • Priorities
  • Office coverage
  • Leave requested by other employees.
  • Direct classroom instructional activities

2) Supervisors should make reasonable efforts to grant employees’ annual leave requests; however, supervisors are not required to grant requested annual leave when the leave would:

  • Disrupt work schedules,
  • Leave an office uncovered,
  • Inconvenience the work force or public, or
  • Contribute to employees’ not meeting performance expectations.

3) Emergency annual leave requests should be reviewed on a case-by-case basis. Supervisors are to determine whether the absence will be charged to annual leave or unauthorized leave without pay.


Terminal Leave

When employees have a break in service, all accrued and unused annual leave that has not been forfeited, up to a maximum of 360 hours, will be paid in lump sum to the employees.

1) When a separation date has been set administratively to permit employees to be paid for terminal leave, the pay status of employees will not be extended for the purpose of granting a holiday or an un-anticipated non-work day occurring after the last day in pay status.

2) When employees notify supervisors of separation, they must not be continued on the payroll in leave with pay status for the purpose of increasing the rate of leave accrual or the rate at which accrued leave would be paid.

3) Terminal leave is paid at the salary rate of the employee.

NOTE:  Forfeited annual leave is not considered terminal leave, and is lost when there is a break in service.  (If employees return to state government, forfeited annual leave may be used for retirement credit purposes (Employee Retirement System).

A “break in service” is a separation from service for a period of one or more days.  Leaves of absence without pay and suspensions are not considered breaks in service.


Sick Leave

Full-time classified and unclassified employees, and part-time classified and unclassified employees who are scheduled to work at least twenty (20) hours per week are eligible to accrue sick leave UNLESS they are:

Hourly,

Temporary, or

State re-employed ERS/TRS retired employees.

Part-time employees scheduled to work fewer than twenty (20) hours per week do not accrue sick leave.

Accrual

Eligible employees accrue sick leave at the end of each pay period provided they are in pay status for the required amount of time.  Accrued sick leave will be available for use at the beginning of the pay period after it is earned.
1) Eligible full-time employees accrue five (5) hours of sick leave at the end of each semi-monthly pay period provided they are in pay status for at least forty (40) hours.  The accrual rate does not increase with years of service. Eligible full-time employees accrue ten (10) hours of sick leave at the end of each monthly pay period provided they are in pay status for at least eighty (80) hours.  The accrual rate does not increase with years of service.

2) The rate of accrual and minimum period during which part-time employees must be in pay status in order to accrued sick leave at the end of the pay period are prorated by the percentage of time worked.  Leave is carried to three (3) decimal places.

3) Eligible employees who are not in pay status for the minimum amount of time in a pay period do not accrue sick leave for that pay period.

4) Eligible employees can accumulate up to a maximum of 720 hours of sick leave.  Any sick leave in excess of 720 hours is placed in a forfeited status, but may be restored in cases of illness or disability.  Leave accrued beyond 720 hours is forfeited at the close of business on the last day of the month.

NOTE:  If employees return to state government, sick leave may be used for retirement credit purposes for Employee Retirement System and Teachers Retirement System.

If a TRS member returns to state government, forfeited leave may be used for TRS retirement credit purposes.

If an ERS member returns to state government, forfeited annual leave, forfeited sick, and accrued sick leave left on the books at the time previous employment terminated may be used for ERS retirement purposes.


Use of Sick Leave

1) Upon receiving supervisory approval, an employee may use sick leave for absences due to the following:
  • Personal illness or disability,

  • Exposure to contagious disease, when attendance on duty would endanger the health of others,

  • Dental or medical care, and

  • Dental or medical care, illness, accident or death in the immediate family that requires the employee’s presence.

NOTE:  “Immediate family” includes the employee’s spouse, child, parent, brother and sister.  “Immediate family” also includes any other person who resides in the employee’s house AND is recognized by law as a dependent of the employee.

2) Sick leave for medical and dental care should be limited to the time necessary for the appointment(s) and related to travel.

3) Employees who are injured/ill for at least three (3) workdays during a period of annual leave may substitute sick leave for annual leave during the period of injury/illness.

NOTE: In order to substitute sick leave for annual leave, employees must submit a request to their supervisor within two (2) weeks of returning to work. A statement from their health care provider that justifies the use of sick leave must be provided.

4) Employees who are receiving short-term and long-term disability insurance benefits through the Flexible Benefits Program cannot use sick leave at the same time. (Employees may use sick leave during the qualifying period.) Employees must request to use annual or personal leave or request to be placed in a leave without pay status in order to receive short-term or long-term disability insurance payments.

5) Employees may request to use FLSA compensatory time in lieu of sick leave.  Employees are not, however, required to use FLSA compensatory time prior to sick leave.

6) When there is a break in service, accrued sick leave balances are lost.  Forfeited leave is also lost when there is a break in service.  (If employees return to state government, lost sick leave balances and forfeited sick leave may be used for service credit purposes [Employee Retirement System & Teacher’s Retirement System].


Sick Leave Request

Employees are to contact their supervisor or other designated official as soon as possible when sick leave is needed.

NOTE:  When employees are incapacitated, supervisors may accept calls regarding the employees’ status from other individuals.

Georgia Department of Technical and Adult Education Colleges may establish procedures for requesting sick leave based on the needs of the organization.

Evidence for Use of Sick Leave

1) Employees may be required to report each day by telephone to their supervisor or other designated official and to provide satisfactory evidence for the use of sick leave.
  • Satisfactory evidence may include a CERTIFICATION OF SERIOUS HEALTH CONDITION form or other medical statement with similar information, completed by the attending health care provider when the reason for leave qualifies as a serious health condition under family leave.

  • Employees cannot be required to provide evidence for use of fewer than 17 hours of sick leave in a 30 calendar day period, unless they have demonstrated excessive or abusive use of sick leave.

2) Excessive and/or abusive use of sick leave is considered a pattern of intermittent, short-term use of sick leave.  Establishment of this pattern includes, but is not limited to:

  • Frequent use of sick leave in conjunction with holidays, scheduled off days or distribution of paychecks;

  • Frequent use of sick leave when scheduled for undesirable temporary shifts or assignments, or during periods of peak workload;

  • Requesting sick leave for an absence for which annual leave has previously been denied;

  • Frequent occurrences of illness during the workday;

  • Peculiar and increasingly improbable excuses;

  • Repetitive use of fewer than 17 hours of sick leave in a 30 calendar day period;

  • Prior written notification of failure to adhere to procedures for approval of leave, inappropriate attendance, or inappropriate use of leave (e.g., Attendance Plan).

3) An opinion from a health care provider of the department’s choice may be sought if questions arise regarding an attending health care provider’s statement.  Approval must be received from the Department’s Director of Human Resources prior to seeking this opinion.

Medical Examination

Under limited circumstances and ONLY with the approval of the Department’s Director of Human Resources and the appropriate administrators (see note below), an authorized official may direct an employee to undergo a medical (physical and/or psychiatric) examination at the expense of the department.  This examination may be required prior to allowing use of accrued leave, granting a leave of absence without pay (regular or contingent) or prior to allowing an employee to return from leave or be returned from a leave of absence without pay.  The Agency may set a timeframe allowing the employee to complete this request.

NOTE: After pre-approval by the Director of Human Resources, positions within the Georgia Department of Technical and Adult Education Colleges that can authorize medical examinations are:

  • President
  • Commissioner

1) The employee is required to release the results of the medical examination to an authorized official. The results must be considered confidential and are to be shared with individuals only on a “need to know” basis.

2) Upon receipt of the results, a determination regarding requested leave, leave of absence without pay or return will be made.

3) If a determination is made not to allow an employee to return to duty, appropriate action, which includes but is not limited to, the following should be taken.

  • The employee may be allowed to use accrued leave.
  • The employee may request and be granted a regular or contingent leave of absence without pay.
  • The employee may be referred to a treatment program.

4) If a determination is made to allow an employee to return to duty, the employee will be returned with or without reasonable accommodation.


Sick Leave Denial

Sick leave may be denied for reasons including, but not limited to, the following:

  • Excessive or abusive use of sick leave (See EVIDENCE FOR USE OF SICK LEAVE section of this procedure);

  • Failure to follow procedures for reporting the absence or requesting the use of leave; or

  • Falsification of documents.

Supervisors should carefully review the request prior to denying the sick leave, and should be able to support the decision to deny the request.


Personal Leave

Eligibility

Employees who have accumulated more than 120 hours of sick leave as of November 30 of any year are eligible to convert up to 24 hours of sick leave in excess of 120 hours to personal leave.  This conversion must be made no later than December 31 of that year for use in the following year.

Conversion Process

Eligible employees must provide written notification prior to the Georgia Department of Technical and Adult Education deadline of their intent to convert up to 24 hours of sick leave to personal leave for the next calendar year.

NOTE: Once sick leave is converted to personal leave, it cannot be changed back.

Use of Personal Leave

1) Personal leave may be used by employees for any reason upon receiving supervisory approval of the leave request.

2) Employees may request to use FLSA compensatory time in lieu of using personal leave.

3) Personal leave is only available for use by employees during the calendar year following the conversion request. Any personal leave that is not used during that calendar year (by December 31) is lost.

4) When there is a break in service, personal leave is lost.

Personal Leave Request

1) Normally, employees will need to provide at least 24 hours advance notice of intent to use personal leave.

2) Employees are not required to give specific reasons for requesting personal leave, unless a situation such as the following applies:

  • The leave is for an un-scheduled/emergency absence;

  • The Georgia Department of Technical and Adult Education Colleges organizational unit is short staffed or has a major assignment pending, or

  • The employees are under the restrictions of an Attendance Plan.

NOTE: Employees involved in direct classroom instructional activities should restrict personal leave request to periods when classes are not in session.

3) Supervisors must make every reasonable effort to grant requests to use personal leave before the December 31 deadline.


General Provisions

Limitations on use of Accrued Leave

Employees cannot use accrued annual, sick or personal leave during periods of absence in which they are receiving state-funded wage substitutes, including but not limited to Workers’ Compensation benefits.

Forfeited Leave and Leave Restoration

Eligible employees can accumulate up to a maximum of 360 hours of annual leave.  Any annual leave in excess of 360 hours is placed in a forfeited status, but may be restored in cases of illness or disability.  Leave accrued beyond 360 hours is forfeited at the close of business on the last day of the month.

Eligible employees can accumulate up to a maximum of 720 hours of sick leave.  Any sick leave in excess of 720 hours is placed in a forfeited status, but may be restored in cases of illness or disability.  Leave accrued beyond 720 hours is forfeited at the close of business on the last day of the month.

1) Annual and/or sick leave forfeited during the current period of employment may be restored to employees as follows:

  • When employees have exhausted FLSA compensatory time and all annual, sick and personal leave, and
  • The absence from work is due to personal illness or disability of an immediate family member.

2) Employees are to submit to their supervisors a request to have forfeited leave restored.  A statement from the attending health care provider that supports the continuing absence from work is to be attached to the request.

3) Supervisors are to forward requests to restore forfeited leave to the appropriate administrative staff for review and approval.

4) Forfeited annual/sick leave can only be restored to cover the current absence from work due to the illness/disability of the employee or immediate family member.

Transfer of Leave

When employees transfer between positions entitled to earn leave without a break in service, accrued leave and forfeited leave transfer with the employees.

Dual Employment

Employees who are employed in two positions within state government at the same time, both of which are entitled to earn leave, accrue and use leave independently in each position. When employment ends in one of the positions, but not both, leave balances are handled as follows:

1) If the positions are in different state departments, terminal leave is paid for all accrued and unused annual leave. Any accrued sick and personal leave balances are lost.

2) If the positions are within the same state department, accrued leave balances are combined and available for use in the remaining position.

NOTE: If leave balances exceed the maximum after they are combined, leave in excess of the maximum is placed in a forfeited status.

Creditable Service – Retirement

1) Employees who are members of the Employees’ Retirement System may receive creditable service toward retirement for forfeited annual and sick leave, sick leave balances that were previously lost due to a break in service and current accumulated and unused sick leave if these leave balances total at least 960 hours.

2) Employees who are members of the Teachers Retirement System may receive creditable service toward retirement for forfeited sick leave, sick leave balances that were previously lost due to a break in service and current accumulated and unused sick leave if the leave balance is at least 60 days. This eligibility is for employees retiring on or after July 1, 1998.


References

Rules of the State Personnel Board – Rule 18

III. U. 6. Leave

Revised 08/29/02