Annual (Vacation) Leave
When and How Much is Available
Each employee in a permanent classification in state government is entitled to vacation leave with pay. (NOTE: Less than twelve (12) month faculty employees who are not required to work the student holidays do not earn annual leave, but rather receive the student holidays.) Vacation leave accumulation begins with the first date of employment in a permanent, benefit-eligible position. This leave can be used as soon as its accrued, but will not be paid until six months of continuous service in a leave accruing position has been completed. - SDCL 3-6C-5
Full-time employees with less than 15 years of service accrue no more than 10 hours of vacation leave a month with a cap on total accumulations of 240 hours. Those employees with more than 15 years of service accrue no more than 13.34 hours of vacation leave per month with a cap of 320 hours. The 15 years of service does not have to be consecutive. Employees who work less than full time in a permanent, benefit-eligible position shall accrue prorated vacation leave based on the number of hours paid in the pay period. - SDCL 3-6C-4
An employee whose appointment has expired or who has been laid off or terminated for cause must take their earned vacation leave in a lump sum. If an employee who is terminating employment is on vacation leave, no other type of leave may be used. - SDCL 3-6C-6
Transfer between State Agencies: When an employee transfers to a new State department or agency, all unused and earned leave is transferred, as long as there is no break in employment. - SDCL 3-6C-16
Sick LeaveA 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 the illness, health care needs, including: 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. As well as temporary care of the employee's immediate family, or a person for whom the employee is the legal guardian. 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)An employee may use up to five days of sick leave, as bereavement leave, for the loss of an immediate family member, per event.
*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 Sick 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 Sick 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. 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:
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.
Family Medical Leave Act
Family and medical leave is available to an employee of the state who has worked for twelve months or more and who has worked 1,250 hours or more. Up to 12 weeks of sick leave, personal leave, vacation leave, leave without pay, or any combination of these leaves may be taken as family and medical leave. Information can be found in the BOR Policies Manual.
Please note : Being eligible for leave accrual or not does NOT determine if a person is eligible to use Family Medical Leave. To be eligible an employee must have worked 12 months (prior service with the State counts) or more and 1,250 hours (60% time) (immediately preceding the request) or more.
Q: Is FMLA another form of leave?
A: No. FMLA is a Federal Act that guarantees eligible employees the right to return to their job or a comparable job and maintain their benefits. Family Medical Leave can be paid leave (by using personal, sick, annual and/or comp time) or unpaid (leave without pay) or a combination of paid and unpaid leave.
Your Rights Under the Family and Medical Leave Act of 1993 For definitions of spouse, parent, child, serious health condition, intermittent leave, or reduced leave schedule, see SD BOR Policy 4:15.
Military Training Leave
Military Training Leave of up to 15 days each calendar year is granted for those qualified members of "the reserve component of the armed forces." Military leave for training shall not be granted to an employee who is on vacation leave and terminating employment. Military leave for training may not be accumulated. A temporary employee is not entitled to military leave for training. A new employee on six months probationary status is not considered a temporary employee. The appointing authority shall maintain a record of military leave taken with the regular vacation and sick leave account of each state employee. An employee requesting military leave for training must obtain a written order or letter from the commander of the employee's reserve or National Guard unit showing the dates of the training period. This notice must be submitted to the appointing authority 15 days before the date of the employee's departure for training. (ARSD 55:01:22:04) Note: Employers and employees should note the difference between units called for military training up to 15 working days with pay and units called for active duty.
As indicated in the rules, and SDCL 3-6-22 the written order or letter from the commander showing the dates of the training period must accompany the request. Military training leave should not be granted without a copy of this information to attach to the timesheet for future audit purposes.
Military training leave is NOT to be used for active duty - voluntary or not.
Q: Can military training leave be used for those employees who work weekend shifts?
A: Yes. The 15 days are limited to 8- hour days. In an instance where the employee works a 12-hour shift 1.5 days of military leave may be used.
Employees who are on military leave will be paid the leave hours at straight time regardless of their hours worked during the week. The leave time will not be counted as hours worked. The appointing authority may require employees to report to work during hours outside of the military leave.
Military training leave is recorded on a calendar year basis (January 1 - December 31). It can NOT be accumulated, advanced or donated.
Court Jury Leave
If a state employee is subpoenaed to testify in court, the employee shall receive both the employee's regular salary from the state without loss of leave credits and witness fees. If the employee is subpoenaed by either party to testify in any civil or criminal proceeding because of his official capacity, he shall receive his regular salary without loss of leave credits and may receive actual expenses according to state rates, but may not receive witness fees. If an employee is a party to or witness who has not been subpoenaed for private litigation, the employee must use vacation leave or leave without pay. If a state employee is summoned to serve on a jury, the employee shall receive his regular salary without loss of any leave credits and the per diem and mileage provided for by SDCL 16-13-46. A state employee summoned either as a witness or a juror shall notify his employer at once. (ARSD 55:01:22:05)
Q: What constitutes being a "state employee" for court and jury leave?
A: Only benefits eligible employees are entitled to be paid court and jury leave.
Employees who are on court and jury leave will be paid the leave hours at straight time regardless of their hours worked during the week. The leave time will not be counted as hours worked. The appointing authority may require employees to report to work during hours outside of the court and jury leave.
Court/Jury leave is recorded on a calendar year basis (January 1 - December 31). It can NOT be accumulated, advanced or donated.
Leave Without Pay
Leave of absence without pay means approved absence from duty for which the employee is not paid. The leave is available to permanent employees, may not exceed twelve weeks, and must be approved by the appointing authority. The appointing authority may submit a written request with justification for an extension of a CSA employee's leave to the commissioner of the Bureau of Personnel. For an employee of the Board of Regents who is exempt from the career service act, the appointing authority may submit a written request with justification for an extension of leave to the Board of Regents. Leave of absence without pay may be granted to an employee even though all of the employee's accrued annual leave has not been used. No leave credits may be earned during the authorized leave of absence without pay. (ARSD 55:01:22:06)
Whenever a leave without pay is taken, it must be reported on your timesheet. Typically the decrease in pay will occur in the month following when the leave is taken. The accrual will also reflect the decrease in hours worked due to the leave without pay.
A South Dakota Board of Regents Request for Leave Without Pay In Excess of Three Months form must be used whenever a leave without pay exceeding three months is requested by an employee. Forms are available from the Human Resources Office.
Administrative Leave and Administrative Holidays
This type of leave allows an employee to receive compensation for the hours that the employee would normally have worked with no loss of leave. Administrative leave shall be granted in the following situations:
The appointing authority shall grant administrative leave hours as straight time off at a later date or as cash payment at the regular hourly rate to employees who are required to work when an office is administratively closed. If an office remains open and an employee is not able to reach the worksite, the employee must use annual leave, compensatory time if applicable, or leave without pay. Appointing authorities shall inform the commissioner of all office closings. (ARSD 55:01:22:14)
ADMINISTRATIVE LEAVE HOLIDAYS
Administrative Leave for the day after Thanksgiving OR Good Friday afternoon. When the Governor and the Board of Regents declare that the offices under their control are administratively closed the day after Thanksgiving or any other 'holiday,' eligible employees are granted administrative leave for that day.
A few points of clarification: