S.C. Code Regs. § § 19-710.04

Current through Register Vol. 48, No. 10, October 25, 2024

Section 19-710.04 - USING AND SCHEDULING SICK LEAVE

A. Leave taken under this regulation may qualify as Family and Medical Leave Act (FMLA) leave and, if so, will run concurrently.

B. Reasons an employee shall be allowed to use sick leave are as follows:

1. Personal illness or injury that incapacitates the employee to perform duties of the position;

2. Exposure to a contagious disease such that presence on duty could endanger the health of fellow employees;

3. Appointment for medical or dental examination or treatment when such appointment cannot reasonably be scheduled during nonwork hours;

[Note: if possible, examination appointments must be approved in advance by the agency designee.]

4. Sickness during pregnancy or other temporary disabilities;

[Note: If possible, the date on which sick leave for disability is to begin shall be at the request of the employee based on the determination and advice of a health care practitioner.]

5. Treatment for alcoholism;

[Note: In accordance with Section 8-11-110 of the South Carolina Code of Laws which recognizes alcoholism as a treatable illness, sick leave will be granted for the purpose of participating in public and private treatment and rehabilitation programs which have been approved by the South Carolina Department of Mental Health.]

6. Caring for ill members of immediate family;

[Note: Employees earning sick leave as provided in Regulation Regulation 19-710 may not use more than ten days of sick leave annually to care for ill members of their immediate families. For purposes of this regulation, the employee's "immediate family" means the employee's spouse and children and the following relations to the employee or the spouse of the employee: mother, father, brother, sister, grandparent, legal guardian, and grandchildren.]

7. Caring for an adoptive child.

[Note: An adoptive parent who is employed by this State, its departments, agencies, or institutions may use up to six weeks of his earned sick leave to take time off for purposes of caring for the child after placement. The agency shall not penalize an employee for requesting or obtaining time off according to this regulation. The leave authorized by this regulation may be requested by the employee only if the employee is the person who is primarily responsible for furnishing the care and nurture of the child.]

C. Verification

The use of sick leave shall be subject to verification. The agency designee may, before approving the use of sick leave, require the certificate of a health care practitioner verifying the need for sick leave and giving the inclusive dates.

D. Increments for Use of Sick Leave

Use of sick leave shall be calculated at either the actual time or in quarter hour increments.

E. Use of Sick Leave Before Going on Leave Without Pay

In qualifying sick leave situations, the employee shall use all sick leave before going on leave without pay unless the agency head or his designee grants an exception at the employee's request.

F. Holiday During Sick Leave

When a holiday is observed by the agency while an employee uses sick leave, the day shall be considered a holiday, not a day of sick leave for the employee.

S.C. Code Regs. § 19-710.04

Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010.