S.C. Code Regs. § 19-719.01

Current through Register Vol. 48, No. 5, May 24, 2024

Section 19-719.01 - CONTINUOUS STATE SERVICE AND BREAK IN SERVICE

A. Continuous State Service

Continuous State service is service with one or more agencies without a break in service.

B. Break in Service

An employee experiences a break in service when the employee:

1. Separates from State service and is paid for unused annual leave.

Exception--When an employee moves from a position in which the employee earns both annual and sick leave to a position in which the employee only earns sick leave. All earned sick leave shall be transferred in accordance with Regulation 19-710.05 A.

2. Moves from one State agency to another and is not employed with the receiving agency within 15 calendar days following the last day worked (or approved day of leave) at the transferring agency.

Exception--Under extenuating circumstances an agency head may approve an extension from 15 calendar days up to but not in excess of six months for an employee in a full-time equivalent (FTE) position to be employed in another FTE position within State government without having a break in service. The approval must be made prior to the employee receiving a lump sum payment for unused annual leave and within 15 days of the last day the employee is in pay status.

3. Remains on leave for a period of more than one calendar year.

Exceptions

a. The employee is on a military tour of duty with reemployment rights protected under federal or State law.

b. The employee is participating in the Government Employees Interchange Program as provided in Regulation 19-714.

c. The employee is on disability leave without pay that has been extended by the Office of Human Resources (OHR).

d. The employee is an academic personnel at an institution of higher learning on sabbatical leave.

4. Separates from State service as a result of a reduction in force and is not recalled to the original position or reinstated with State government within 12 months of the effective date of the separation.

5. Involuntarily separates from State service and the agency's decision is upheld by the State Employee Grievance Committee or by the courts.

6. Moves from an FTE position to a temporary, temporary grant, or time-limited position. Exception--When an employee in an FTE position moves to a temporary, temporary grant, or time-limited position within 15 calendar days following the last day worked (or approved day of leave) during the employee's TERI program period, he does not experience a break in service.

S.C. Code Regs. 19-719.01

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.