11.0431 Annual Leave.

Cite as [A.S.A.C. § 11.0431]

A. Such leave is authorized absence from duty with pay to allow employees an annual vacation period for rest and relaxation and to provide time off for personal and emergency purposes. Earning rate for full-time employees is:

1. Employees with less than three years of creditable service earn four (4) hours or one-half work day of annual leave for each bi-weekly pay period.

2. Employees with three but less than 15 years of creditable service earn six hours or three-fourths work day of annual except for the last full pay period of the year for which they earn then hours of annual leave.

B. Earning Rate for Intermittent (When Actually Employed) and Part-Time Employees:

1. Employees with less than three years of creditable service earn one hour of annual leave for each 20 hours in a pay status.

2. Employees with three but less than 15 years of creditable service earn one hour of annual leave for each 13 hours in a pay status.

3. Employees with 15 or more years of creditable service earn one hour of annual leave for each ten hours in a pay status.

C. Determination of Creditable Service: The following service is creditable:

1. All time spent in the career service of the American Samoa Government.

2. All active duty service in the Armed Forces of the United States, except that of an employee who is retired member of any of the uniformed services in which case such active duty military service is not creditable unless:

a. Retirement was due to disability:

i. Resulting from an injury incurred in time of duty as a direct result of armed conflict or

ii. Caused by an instrumentality of war incurred during a period of war, as defined in (Sections 101 and 301 of Title 33, U.S. Code) or

iii. Immediately prior to the effective date of the provisions of (Chapter 23, Title XXIII, the Merit System Law), Revised Code of American Samoa, the employee was employed in a civilian office to which the Annual and Sick Leave Act of the United States applies and, on or after such date, the employee continued to employed in any such office without a break in service of more than 30 days or such service was performed in the Armed Forces of the United States during any way or in any campaign or expedition for which a campaign badge has been authorized.

D. Qualifying Period – An employee must be employed for 90 calendar days without a break in service before the individual is qualified to earn annual leave. At the end of the 90 day period, annual leave that has been earned is credited to the employee’s account. A break in service in one day or more when the employee is not on the employment rolls of the LBJ-ASMC. An employee on their first permanent appointment may use no annual leave but may be granted sick leave or leave without pay until the 90 day period is completed. Persons who are re-employed must service a new qualifying period. They may, however, use any annual leave earned under a previous appointment which had been credited upon completion of 90 day qualifying period.

E. 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.

F. Lump-Sum Payments for Annual Leave:

1. Entitlement – An employee who has annual leave to his credit and who is separated from his employment with the LBJ American Samoa Medical Center Authority 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 the employee would have received had the employee remained in the employment of the LBJ American Samoa Medical Center Authority until the expiration of the period of annual leave paid. Included are 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.

G. Granting Annual Leave – Annual leave is a privilege, not a right, and is granted at the convenience of LBJ-ASMCA. Supervisors should make every effort, however, to insure that their employees do not lose accrued leave in excess of the 60 day limitation which cannot be carried forward into succeeding leave years.

1. Authority to Grant Annual Leave – Annual leave may be granted (approved) by Chief Executive Officer and other operating officials authorized to certify bi-weekly time sheets.

2. Procedure for Granting Annual Leave – Procedure for Granting Annual leave – LBJ-ASMC Form 329, Leave Request, shall be utilized for requesting and approving annual leave. This form shall be submitted to the Human Resources Division concurrent with the submission of the bi-weekly time sheets covering the pay period immediately preceding the pay period in which the requested leave will fall.

H. Annual Leave in Lieu of Sick – Approved absence, otherwise chargeable to sick leave may be charged to annual leave when sickness exceeds accumulated sick leave hours. However, substitution of annual leave for sick leave previously granted may not be made retroactive for the sole purpose of avoiding forfeitures of annual leave at the end of the leave year.

I. Advancing Annual Leave – It is not permissible for an employee to be granted annual have in advance of its having been earned.

J. Annual leave shall always be applied for in advance of approved absence for which it is to be applied.

History: Rule 01-2000, eff. Sept. 25, 2000.