Section R477-7-1 - Conditions of Leave(1) An employee is eligible for a leave benefit when:(a) in a position designated by management as eligible for benefits; and(b) in a position which normally requires working a minimum of 40 hours per pay period.(2) An eligible employee accrues annual, sick, and holiday leave in proportion to the time paid as determined by DHRM.(3) An employee shall use leave in no less than quarter hour increments.(4) An employee may not use annual or sick leave before it is accrued. Leave accrued during a pay period may not be used until the following pay period.(5) An employee may not use annual leave, converted sick leave used as annual leave, or use excess or compensatory hours without advance approval by management.(6) Management may not require employees to maintain a minimum balance of accrued leave.(7) An employee may not use any type of leave except military and jury leave to accrue excess hours.(8) Any leave used for purposes described in Subsection R477-7-4(2) is subject to the requirements of Subsections R477-7-4(6) and (7).(9) An employee transferring from one agency to another retains any accrued annual, sick, and converted sick leave at the new agency.(10) Management shall make a lump sum payment to an employee separating from state service or changing from a benefited to a non-benefited position for:(c) compensatory hours earned by a FLSA non-exempt employee; and(d) converted sick leave if the employee is not retiring under Title 49, Utah State Retirement and Insurance Benefit Act.(11) Management may not approve the use of leave after an employee's last day worked except for: (b) administrative leave;(c) leave granted under the FMLA; or(d) leave granted for other medical or pregnancy related reasons that management approved before the commencement of the leave period.(12) Management may separate an employee from employment after 18 workweeks cumulative leave in a 24 month period regardless of paid leave status unless prohibited by state or federal law. This rule incorporates by reference 29 CFR 825.205 (March 21, 2021) for purposes of calculating workweeks. The agency head shall make the decision to separate the employee in consultation with DHRM.(13) Management may not pay contributions to benefits on cashed out leave, other than FICA tax, except as it applies to converted sick leave in Subsection R477-7-5(2) and the retirement benefit in Section R477-7-6.(14) Management may not deny a leave request from a member of the State Legislature who requests leave under Section 63A-17-513.Utah Admin. Code R477-7-1
Amended by Utah State Bulletin Number 2015-14, effective 7/1/2015Amended by Utah State Bulletin Number 2016-14, effective 7/1/2016Amended by Utah State Bulletin Number 2017-14, effective 7/1/2017Amended by Utah State Bulletin Number 2018-14, effective 7/1/2018Amended by Utah State Bulletin Number 2019-14, effective 7/1/2019Amended by Utah State Bulletin Number 2020-13, effective 7/1/2020Amended by Utah State Bulletin Number 2020-17, effective 8/24/2020Amended by Utah State Bulletin Number 2021-14, effective 7/1/2021Amended by Utah State Bulletin Number 2022-13, effective 7/1/2022Amended by Utah State Bulletin Number 2023-13, effective 7/1/2023Amended by Utah State Bulletin Number 2024-14, effective 7/3/2024