Ariz. Admin. Code § 13-5-513

Current through Register Vol. 30, No. 50, December 13, 2024

Section R13-5-513 - Sick Leave

A. Definitions. The following definitions shall apply in this Section:

1. "Family sick leave" means:

a. Providing personal care or attending to an employee's family member who has a serious illness, injury, or temporary disability;

b. A medical appointment for a family member or transporting of a family member to a medical appointment by a licensed health care provider; or

c. Attendance at the death or funeral of an employee's family member.

2. "Family member" means a spouse, natural child, adopted child, foster child, stepchild, natural parent, stepparent, adoptive parent, grandparent, grandchild, brother, sister, sister-in-law, brother-in-law, son-in-law, daughter-in-law, mother-in-law, or father-in-law.

B. Accruing sick leave.

1. A full-time employee shall receive 4.62 hours of sick leave biweekly.

2. The following employees are not eligible for sick leave:

a. A part-time employee working less than 20 hours in a week,

b. An intern, and

c. An intermittent employee.

3. An employee shall receive sick leave credit if the employee is in pay status for at least one-half of the employee's normally scheduled work week.

4. Sick leave may be accrued without limit.

C. Using sick leave. A supervisor shall authorize sick leave if an employee is absent because of:

1. An illness that makes the employee unable to perform official duties,

2. An appointment with a licensed health care provider, or

3. Family sick leave.

D. Family sick leave limits. Family sick leave shall not exceed 40 hours in a year. An employee may use annual leave to supplement or instead of family sick leave. If an employee has used the authorized 40 hours of family sick leave and exhausted all compensatory and annual leave, the agency head may authorize the employee to use the employee's sick leave.

E. Supervisory review of sick leave. A supervisor may require supporting documentation for any sick leave. If the employee fails to provide necessary documentation of the use of sick leave or violates any provision of this Section, the employee's supervisor may disapprove the sick leave and charge the absence to the employee's annual leave or leave without pay. When an employee has been on sick leave for five or more consecutive days, the supervisor may require the employee to submit evidence that the employee consulted a doctor.

F. Returning from sick leave. An employee shall return to duty or to limited duty as soon as the employee is able to do so with permission of the employee's physician and without posing a risk to the employee or others.

G. Medical review. If a supervisor is concerned about a returning employee's fitness for duty, the supervisor may request a medical evaluation under R13-5-315(B), or request that the employee be temporarily assigned to limited duty.

H. Forfeiture of sick leave. An employee shall forfeit accumulated sick leave upon separation from state service, unless eligible for payment under the provisions of A.R.S. § 38-615.

I. Restoring sick leave. If a former employee is recalled, reinstated, or rehired within two years, an agency shall restore the employee's previous sick leave balance. Sick leave for which the employee received compensation under A.R.S. § 38-615 is excluded from restoration.

J. Sick leave credit for Arizona state service. Upon appointment to an agency, an Arizona state employee with previously accrued sick leave may have the sick leave credit added to the employee's leave balance, provided:

1. The employee does not receive compensation for accrued sick leave upon separating from a state agency;

2. The employee is hired within two years of separating from a state agency; and

3. The employee was hired after December 31, 1996.

K. Agency leave policy. An agency shall establish a sick leave policy that complies with all of the provisions of the Family and Medical Leave Act.

Ariz. Admin. Code § R13-5-513

New Section adopted by final rulemaking at 6 A.A.R. 2090, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 6 A.A.R. 4495, effective November 7, 2000 (Supp. 00-4). Amended by emergency rulemaking at 10 A.A.R. 1163, effective March 4, 2004 (Supp. 04-1). Emergency expired after 180 days; the Section on file prior to the emergency has been restored (Supp. 05-4). Amended by final rulemaking at 12 A.A.R. 1756, effective July 2, 2006 (Supp. 06-2).