A state employee in a permanent classification is entitled to sick leave with pay may accrue up to 9.34 hours per month. Employees who work less than full time shall accrue prorated sick leave based on the number of hours paid in the pay period. Sick leave may be granted for personal illness, pregnancy and related disabilities, exposure to contagious diseases that would endanger the health of fellow employees, required eye and dental care, required medical examination, or inpatient or outpatient treatment in approved centers for alcohol, drug abuse or psychiatric or counseling care. Employees who are on approved leave, except terminal vacation leave, and become injured or ill may use sick leave.
The appointing authority may, with the approval of the BHSU Human Resources Office and the Commissioner of the Bureau of Personnel, require the employee to produce a doctor's statement to support a request for sick leave. (ARSD 55:01:22:02)
Personal Leave. An employee may use up to 40 hours of accumulated sick leave annually for the following purposes:
- A death in the immediate family*;
- The temporary care of members of the immediate family*;
- Volunteer police or rescue work; and
- A call to state active duty of military reserve or national guard members 55:01:22:02.04
Personal leave is recorded on a calendar year basis (January 1 - December 31). This leave can NOT be advanced, accumulated, or donated.
*Immediate Family is defined as the employee's spouse, children, mother, father, mother-in-law, father-in-law, daughter-in-law, son-in-law, brothers, sisters, grandparents, grandchildren, stepchildren, and stepparents; 55:01:01:01(20).
Q: Can Personal Leave be used by grandparents for the care of a child and/or new grandchild?
A: Yes. This situation would meet the criteria of “temporary care of members of the immediate family" outlined in the Personal Leave provisions. This could apply to any immediate family member who would need temporary care. The key word would be "care" - "care" should be needed, NOT just going for a visit. Personal Leave is recorded on a calendar year basis (January 1 - December 31). This leave can NOT be advanced, accumulated or donated.
Advanced Sick Leave. An employee who has been employed by the state in a permanent position for one year or more may request advanced sick leave for not more than 28 days (224 hours) once all other leave is exhausted. An employee requesting advanced sick leave must submit a signed request supported by a statement from their doctor. An employee who is a Christian Scientist may submit a statement from a Christian Scientist practitioner. The request must be approved by the appointing authority and the commissioner before the advance is granted. An employee who terminates employment before advanced sick leave has been repaid must repay the remaining advanced hours at the employee's current rate of pay. (ARSD 55:01:22:03)
To request Advanced Sick Leave the following information must be forwarded to the Human Resources Office:
- A Signed copy of the Advanced Sick Leave Request Form (under "Forms")
- Statement from the Doctor stating medical necessity
This information will then be reviewed by HR and the President. If approved, a letter will be written and forwarded to the Personnel Officer of the Board of Regents; and then to the Commissioner of the Bureau of Personnel.
Annual leave can NOT be advanced under any circumstances.
Maternity Leave. The ARSD 55:01:22:08 Absence for maternity purposes has been repealed as the use of sick leave must be medically necessary. The current policy is that the mother may use sick leave for the first six weeks from the date of birth of the child, providing she has that much accumulated. The use of any sick leave beyond the initial six weeks would require a statement from the doctor of medical necessity. After the sick leave, personal leave, annual leave, compensatory time (if applicable), or leave without pay may be used up to the 12 weeks of Family Medical Leave Act (see below) depending on the individual's leave balances and the leave the employee is entitled to use. This policy is the same for adoption.