Cite as [A.S.A.C. § 4.2405 ]
(a) Accrual. To earn leave an employee must be employed during a full biweekly pay period. He or she is considered to have been employed for a full pay period if he or she is in a pay status of an agency on all days falling within the pay period exclusive of holidays and non- workdays.
(b) Earning Rates.
(1) Full-time employees:
(A) Employees with less than 3 years of creditable service earn 4 hours or Y2 workday of annual leave for each biweekly pay period.
(B) Employees with 3 but less than 15 years of creditable service earn 6 hours or 3/4 workday of annual leave for each full biweekly pay period except for the last full pay period of the calendar year, for which they earn 10 hours of annual leave.
(C) Employees with 15 or more years of service earn 8 hours or one workday of annual leave for each full biweekly pay period.
(2) Part-time employees:
(A) Employees with less than 3 years of creditable service earn one hour of annual leave for each 20 hours in a pay status.
(B) Employees with 3 but less than 15 years of creditable service earn one hour of annual leave for each 13 hours in a pay status.
(3) Fractional pay periods: If employment is continuous, leave is credited on a pro rata basis for those days during a fractional pay period for which an employee is being paid. The following table may be used to determine the amount of pro rated leave credit:
PRO RATA TABLE
Biweekly Pay period Workdays Category 4* Category 6 Category 8
1 1 1 1
2 1 1 2
3 1 2 2
4 2 2 3
5 2 3 4
6 2 4 5
7 3 4 6
8 3 5 6
9 3 5 7
10 4 6 8
*This column may be applied for sick leave purposes.
(c) Maximum Accumulation. Accumulation of unused accrued annual leave may not exceed a total of 60 days at the beginning of the first complete pay period of each leave year. Excess leave beyond the 60 days is forfeited except as follows:
(1) Nothing in this section shall be construed to prohibit the taking or require the forfeiture of any annual leave which is validly granted and the taking of which begins on or before the last working day of the current leave year, notwithstanding that the recording of the current accrued annual leave for the current leave year on the last day thereof might result in an accumulation of more than 60 days including the working days of the annual leave so granted and then being taken. The period of such annual leave shall be regarded as if it had been entirely taken prior to the last day of such leave year.
(2) Nothing in this section shall be construed to require the forfeiture of any annual leave when an employee terminates on or before the last working day of the leave year, notwithstanding the fact that the recording of current accrued annual leave for such year on the last day may result in an accumulation of more than 60 days.
(d) Leave Charges.
(1) Leave Days. Both annual and sick leave are charged to an employee's account only for absence on regular workdays; i.e., days on which he or she would otherwise work and receive pay during his or her regular tour of duty. Leave is not charged for absence on holidays or other nonwork days.
(2) Minimum Charge. One hour is the minimum charge for either annual or sick leave. After one hour, additional charges may be made in multiples of Y2 hour. Absence on separate days are not combined.
(e) When Taken.
(1) Annual leave is provided and used for two general purposes, which are:
(A) To allow every employee an annual vacation period of extended leave for rest and recreation; and
(B) To provide periods of time off for personal and emergency purposes. These absences involve such matters as death in a family, religious observances, attendance at conferences or conventions, securing a driver's permit, or other personal business which can be disposed of only during the time in which the employee would ordinarily be working.
(2) Annual leave provided by law is a benefit and accrues automatically. ASPA is responsible for administering the annual leave system and issues instructions concerning the granting of annual leave. Guidelines are as follows:
(A) The approval of short periods of leave should generally be the responsibility of immediate supervisors, who best know whether the leave requested is compatible with the workload.
(B) Requests for extensive periods of annual leave may be recommended for approval by the immediate supervisors but require approval at a higher organization level.
(C) Decisions as to the granting of leave will generally be made in the light of the needs of the agency rather than solely the desires of the employee.
(D) Supervisors should ensure that annual leave is scheduled for use so as to prevent any unintended loss of leave at the end of the leave year.
(E) Annual leave must be requested and approved prior to its taking. Failure to secure prior approval may result in a charge to leave without pay and may result in disciplinary action against the offending employee. The ASG form for application for leave must be completed and submitted 3 days before an employee may take leave.
(F) In Lieu of Sick Leave. Approved absence, otherwise chargeable to sick leave, may be charged to annual leave when sickness exceeds accumulated sick leave hours.
(G) Advances. It is not permissible for an employee to be granted annual leave in advance of its having been earned.
(H) Lump-sum Payments.
(1) Entitlement. An employee who has annual leave to his or her credit and who is separated from employment with ASPA is entitled to payment of accumulated, accrued annual leave in a lump sum.
(2) Computation of Payment. Lump-sum leave payments are equal to the compensation that he or she would have received had he or she remained in the employ of ASPA until the expiration of the period of annual leave paid. Included is pay for holidays falling within that period to which the employee would have been entitled. The employee does not, however, earn leave during the period represented by the lump-sum payment. Except for purposes of taxation, the lump sum is not regarded as salary or compensation.History: Rule 11-84, eff 19 Dec 84, (part).