DFA | Office of Personnel Management | Policy and Procedures Manual

Section 105 | Uniform Attendance and Leave Policy Act | 07/01/2003
(Arkansas Code Annnotated §21-4-201 et seq.)

Section 105.1.0 Employee Leave Policy

This leave policy applies to all State employees except emergency, hourly, intermittent, extra help, per diem employees and those employed by the following agencies:

A.

The elected constitutional officers of the State and their employees.

B.

The General Assembly and its employees, including employees of the Bureau of Legislative Research of the Arkansas Legislative Council and the Division of Legislative Audit.

C.

Members of the Arkansas Supreme Court, Circuit and Chancery Courts, Prosecuting Attorneys and the Administrative Office of the Courts.

D.

State Highway Department

E.

All administrative, academic, or other non-classified employees of the state supported institutions of higher education.

Section 105.1.2
The establishment of leave records and internal procedures are the responsibility of each agency and institution. Policy and procedures such as requesting leave, approving authority or leave use may be covered. All employees should be informed of statewide policy as well as any internal policy and procedure.

Section 105.1.3
When an officer or employee of a state office or agency excluded from the provisions of the Uniform Attendance and Leave Policy Act by the definition of "state agencies" in Arkansas Code §21-4-203(1) leaves employment of the excluded office or agency and becomes employed by an agency or institution which is subject to the Uniform Attendance and Leave Policy Act, the period of employment with the excluded office or agency shall be included as state employee service for the purpose of determining the rate at which the employee earns paid annual leave.

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Section 105.2.0 Annual Leave Policy
As amended by Act 356 of 2003 effective 07/16/2003

Section 105.2.1
Except for the employees eligible under Section 105.2.13 and Section 105.2.14, any employee who works in a regular salary position shall accrue annual leave as defined in Section 105.2.2. Full time employees accrue leave at the rates shown in the timetable listed below. Employees who work less than full time per year accrue annual leave in the same proportion as time worked. For example, employees who work half time would receive half of the annual leave accrual shown on the timetable.

Section 105.2.2

Years of Employment	Monthly	Annually
Through 3 years	1 Day	12 Days
4 through 5 years	1 Day 2 Hours	15 Days
6 through 12 years	1 Day 4 Hours	18 Days
13 through 20 years	1 Day 6 Hours	21 Days
Over 20 Years	1 Day 7 Hours	22.5 Days

A.

Through 3 years: Employees must have completed three (3) full years of employment before movement to the next higher accrual rate.

B.

4 through 5 years: Employees must have completed three (3) full years of employment and be starting their fourth (4th) year.

C.

6 through 12 years: Employees must have completed five (5) full years of employment and be starting their sixth (6th) year.

D.

13 through 20 years: Employees must have completed twelve (12) full years of employment and be starting their thirteenth (13th) year.

E.

Over 20 years: Employees must have completed twenty (20) full years of employment and be starting their twenty-first (21st) year.

Accrual rates will change on the first day of the month following eligibility for the next higher accrual rate.

Section 105.2.3
Except for employees eligible under Section 105.2.13 and Section 105.2.14, all Annual Leave is cumulative; however, no employee shall have over 30 days accumulated on December 31st of each year. Accrued leave may exceed 30 days during the calendar year, but those days in excess of 30 will be forfeited if not used by December 31st of each year.

Section 105.2.4
Years of employment may be continuous state employment or an accumulation of years of service when the employee was out of State service for a time. Effective July 1, 1975, prior service is established on completed years of service only. Service prior to July 1, 1975, will be established in completed years and months of service.

Section 105.2.5
An employee may not earn annual leave when on leave without pay for ten (10) or more cumulative days within a calendar month.

Section 105.2.6
An employee may request to use accrued annual leave at any time. The Agency Director or Institution Head may grant the leave request at such time that will least interfere with the efficient operation of the agency. For employees requesting annual leave under the Healthy Employee Lifestyle Program reference section 106.0.0, Healthy Employee Lifestyle Program.

Section 105.2.7
Annual leave is granted on the basis of work days, not calendar days. Non-work days, such as holidays and weekends, are not charged as annual leave.

Section 105.2.8
Annual leave accrued during a calendar month is not considered to be earned by an active employee until the last working day of the month, and the leave must be earned before it can be used. For accrual purposes only, employees will accrue half their monthly accrual of annual leave if employed on the first (1st) working day of the month and work through the 15th of that month. Employees will accrue half their monthly accrual if employed on the 16th of the month and work through the last working day of that month. (If the 16th falls on a weekend or holiday, accrual begins on the first (1st) working day thereafter.)

Employees will not borrow from anticipated future accruals and may not use annual leave accrued by other employees.

Section 105.2.9
The minimum annual leave amount an employee can use is fifteen (15) minutes. No smaller amounts shall be authorized or used.

Section 105.2.10
Employees continue to earn annual leave at their normal accrual rate when on annual or sick leave.

Section 105.2.11
All compensatory time may be used before the use of annual leave.

Section 105.2.12
Employees transferring without a break in service, between State agencies and/or State supported institutions of higher education, which are covered by these policies, shall retain all accumulated annual leave.

Section 105.2.13
Each fire and emergency service employee of the State Military Department who works a regularly scheduled shift of more than forty-seven (47) hours per week is entitled to annual leave with full pay computed on the basis of the following schedule for each complete month of service with the department:

(a)

Through 3 years: 1 day and 4 hours per month;

(b)

3 through 5 years: 1 day and 7 hours per month;

(c)

5 through 12 years: 2 days per month;

(d)

12 through 20 years: 2 days and 3 hours per month; and,

(e)

Over 20 years: 2 days and 5 hours per month.

Section 105.2.14
No fire or emergency service employee under Section 105.2.13 shall accumulate annual leave to have more than forty-five (45) days at the end of each calendar year, except that the 45-day maximum of cumulative annual leave may exceed forty-five days during the calendar year, but those days in excess of 45 will be forfeited if not used by December 31st of each year.

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Section 105.3.0 Sick Leave Policy

As amended by Act 835 of 2003 effective 07/1/2003 and Act 356 of 2003 effective 07/16/2003

Section 105.3.1
Any employee who works a minimum of 1000 hours per year in a regular salary position shall accrue sick leave. Employees who work less than full time but more than 1000 hours per year accrue sick leave in the same proportion as time worked.

Section 105.3.2
Except for employees eligible under Section 105.3.20, employees accrue sick leave at the rate of one (1) day for each completed month of service; however, no employee shall have over 120 days accumulated on December 31st of each year. Accrued leave may exceed 120 days during the calendar year, but those days in excess of 120 will be forfeited if not used by December 31st of each year.

Section 105.3.3
Sick leave accrued during a calendar month is not considered to be earned by an active employee until the last working day of the month, and the leave must be earned before it can be used. For accrual purposes only, employees will accrue half their monthly accrual of sick leave if employed on the first (1st) working day of the month and work through the 15th of that month. Employees will accrue half their monthly accrual if employed on the 16th of the month and work through the last working day of that month. (If the 16th falls on a weekend or holiday, accrual begins on the first (1st) working day thereafter.)
Employees will not borrow from anticipated future accruals. (See Section 108, Catastrophic Leave.)

Section 105.3.5
Sick leave may be used for only the following purposes:

A.

When the employee is unable to work because of sickness or injury; or for medical, dental or optical treatment.

B.

Death or serious illness of a member of the employee’s immediate family. Immediate family is defined as the father, mother, sister, brother, spouse, child, grandparents, grandchild, in-laws or any individual acting as a parent or guardian of an employee.

Section 105.3.6
The use of sick leave is contingent upon the occurrence of one of the events listed above. If the event never occurs, the employee is not entitled to the sick leave benefits.

Section 105.3.7
Arkansas Code Annotated §§21-4-501 through 504 and Arkansas Code Annotated §§19-4-1607(b)(2) and 19-4-1613(a)
Employees are not entitled to payment for accrued and unused sick leave when they terminate their employment except as follows:

A.

Upon retirement or death, any employee, or beneficiary of any employee, of any agency of the State of Arkansas and classified employees of state-supported institutions of higher learning shall receive compensation for accumulated unused sick leave as follows:

1.

If the employee has accumulated at least fifty (50) days, but less than sixty (60) days of sick leave, the employee shall receive an amount equal to fifty percent (50%) of the number of accrued sick leave days (rounded to the nearest day) times fifty percent (50%) of the employee's daily salary.

2.

If the employee has accumulated at least sixty (60) days, but less than seventy (70) days of sick leave, the employee shall receive an amount equal to sixty percent (60%) of the number of accrued sick leave days (rounded to the nearest day) times sixty percent (60%) of the employee's daily salary.

3.

If the employee has accumulated at least seventy (70) days, but less than eighty (80) days of sick leave, the employee shall receive an amount equal to seventy percent (70%) of the number of accrued sick days (rounded to the nearest day) times seventy percent (70%) of the employee's daily salary.

4.

If the employee has accumulated at least eighty (80) or more days of sick leave, the employee shall receive an amount equal to eighty percent (80%) of the number of accrued sick leave days (rounded to the nearest day) times eighty percent (80%) of the employee's daily salary.

B.

For purposes of this section, the employee's daily salary shall be determined by dividing the annual salary by two hundred and sixty (260).

C.

In no event shall an employee, or beneficiary, receive an amount that exceeds seven thousand five hundred dollars ($7,500) upon retirement, or death of an employee, due to the provisions of this Section.

D.

Employees of two-year colleges.

1.

Two-year colleges may, at the discretion of the two-year college, provide compensation for unused sick leave as allowed under this subchapter to employees of the two-year college.

2.

Compensation for accumulated unused sick leave under this section shall not be used by the Arkansas Teacher Retirement System in the calculation of final average salary under ACA §24-7-202(14).

Section 105.3.8
Employees continue to earn sick leave at the normal accrual rate when they are on sick leave or annual leave.

Section 105.3.9
Sick leave is granted on the basis of work days, not calendar days. Non-work days, such as holidays and weekends, are not charged as sick leave.

Section 105.3.10
The minimum sick leave amount an employee can use is fifteen (15) minutes. No smaller amount shall be authorized or used.

Section 105.3.11
Absences due to sick leave, except in the case of maternity leave, shall be charged in the following order: (1) earned sick leave; (2) earned annual leave; (3) leave without pay. (See Section 105.5.0)

Section105.3.12
Employees who are on sick leave for five (5) or more consecutive days must furnish a certificate of illness from an attending physician. An agency or institution which has a written procedure to identify patterns of sick leave usage may require an employee to furnish a certificate from an attending physician for any use of sick leave. A certificate from a Christian Science practitioner listed in the Christian Science Journal may be submitted in lieu of a physician’s certificate.

Section 105.3.13
Accrued sick leave will be restored to an employee’s credit if he returns to State employment within six (6) months of termination. This provision shall apply only if the employee was terminated due to budgetary reasons or curtailment of work activities.

Section 105.3.14
Requests to use sick leave for purposes of medical, dental or optical examinations, hospital stays, funerals, etc. should be made in advance.

Section 105.3.15
Notification of absence due to illness shall be given as soon as possible on the first day of absence to the employee’s supervisor.Section 105.3.16
Application for sick leave is to be filed within two (2) days after the employee’s return to work.

Section 105.3.17
If an employee fails to make proper notification for use of sick leave as provided herein, such absences shall be charged to annual leave or leave without pay. Such determination shall be made at the Agency Director’s or Institution Head’s discretion.

Section 105.3.18
Employees transferring without a break in service between State agencies and/or State supported institutions of higher education which are covered by these policies shall retain all accumulated sick leave.

Section 105.3.19 (Arkansas Code Annotated §6-17-1206)
Employees of a school district, an educational cooperative, a state education agency, or a two year college who leave the school district, educational cooperative, state education agency, or two year college and accept employment in another school district, an educational cooperative, a state education agency, or a two year college shall be granted credit by the new school district, education cooperative, state education agency, or two year college for any unused sick leave accumulated by the employee while employed by the former employer, but not to exceed a maximum of ninety (90) days. The accumulated and unused sick leave credit shall be granted to the employee upon furnishing proof in writing from the former employer of the employee. The provisions of this section shall apply to employment with another school district, educational cooperative, state education agency, or two year college on or after July 1, 1997.

Section 105.3.20
Each fire and emergency service employee of the State Military Department who works a regularly scheduled shift of more than forty-seven (47) hours per week is entitled to sick leave with full pay computed on the basis of one (1) day and four (4) hours for each complete month of service with the department. Such fire and emergency service employees may accumulate one hundred and eighty (180) days of sick leave to carry over at the end of the calendar year, but those days in excess of 120 will be forfeited if not used by December 31st of each year. Payments to such fire and emergency service employees for unused sick leave at retirement under Arkansas Code Annotated §21-4-501 through 504 shall be calculated at the 120-day maximum rate for regular state employees.

Suggested formats for forms may be found at the end of the Policy Manual in the Forms section.

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