Current through 2024-38, September 18, 2024
A.
General
Regulations
1. Authorization in
Advance. So far as practicable, written grants of leave with pay shall be made
prior to the beginning of the periods of absence, and no payment for any
absence shall be made until the leave is properly approved by the appointing
authority.
2. Charges Against
Credits Earned
a. Deductions from leave
accumulations for an employee on leave with pay shall be made on a working-day
basis.
b. No charges against leave
with pay accumulations shall be made for holidays, non-work days, or non-work
part days occurring at the beginning or during a period of leave with
pay.
c. No charge shall be made for
holidays or non-work days occurring at the end of a period of leave with pay if
the employee returns to work on the first day thereafter or is granted
additional leave.
3.
Credits Earned While on Leave. Accrual of vacation leave and sick leave during
the period of leave of absence with pay shall occur only if the employee
returns to his employment on the first working day following the expiration of
such leave with pay or is granted additional leave without pay.
4. Agency Records. Appointing authorities
shall maintain records of vacation and sick leave accrued and used by each of
their employees. Such records shall be maintained in the form and manner
approved by the Director of Human Resources, and shall be subject to audit by
the Bureau of Human Resources. In case of dispute of the accuracy of the
records, the decision of the Director shall be final.
B.
Vacation Leave
1. Eligibility and Rate of Accrual
a. Each employee in the classified service,
except temporary emergency or project employees, shall earn vacation with pay
on the following basis: One work day shall be earned for each completed full
month, or hourly equivalent, of service during the first five years of
employment with the state. Thereafter, provided the last five years of service
shall have been continuous, vacation shall be earned on the following basis:
For each completed full month, or hourly equivalent, of employment with the
state, one and one-fourth (1 1/14) days shall be earned until ten years shall
have been completed; one and one-half (1 1/2) days shall be earned until
fifteen years shall have been completed; one and three-fourths (1 3/4) days
shall be earned until twenty years have been completed; thereafter, two days
shall be earned.
NOTE 1: Reference Chapter 2 for regulations governing
intermittent employment.
NOTE 2: Chapter 147, P&S Law, 1976 enacted 5 MRSA,
§16 which establishes these rates of accrual as the minimum rates
applicable to employees in both the classified and unclassified service.
b. Continuous service for the
purpose of determining eligibility for vacation leave benefits shall be defined
as all uninterrupted state service, to include both classified and unclassified
service employment.
2.
Creditable Time
a. Service shall begin on the
date of state employment, and time on layoff, suspension, or leave without pay,
except as otherwise provided by the Civil Service Law or by these rules, shall
not be counted in determining the date of completion of a full month or a full
year of service.
b. Vacation
credits shall not be earned or accumulated during periods of authorized
educational leave.
3.
Agency Approval/Authorization
Vacations shall be granted at such time or times as shall be
mutually agreeable to the employees and appointing authorities involved.
4. Maximum Yearly Accrual
a. Employees having less than fifteen
completed years of service may accumulate vacation leave to a total of
twenty-four (24) work days. Those employees having more than fifteen years of
service, the last five years of which have been continuous, may, accumulate
vacation time to a total of thirty (30) work days, provided, however, that an
employee who is about to lose a day of vacation leave because of the limitation
of accrual imposed by this rule, upon advance notice to the appointing
authority may within the 30 calendar days following, absent himself/herself
with the consent of his/her appointing authority to prevent the loss of such
day.
b. An employee on military
leave (as provided in 5 MRSA, Chapter 372 § 7051) shall not be limited to
24 work days accrual of vacation leave. The employee may immediately upon
reinstatement from military leave, take all vacation leave in excess of 24 work
days with or without consent of the appointing authority. In the alternative,
the employee may elect to be credited with the vacation leave in excess of 24
work days, but such leave shall be taken at a time determined by the appointing
authority, within two years of the date of reinstatement.
5. Disposition of Credits upon Transfer or
Separation
a. Separation
1. Any employee who is separated from the
state service by layoff, resignation, death or otherwise, shall be paid, or
shall have payment made to his/her estate for the number of working days of
unused vacation leave and overtime accumulated to his/her credit
--OR--
2. At his/her discretion, an
employee may utilize accrued vacation credits immediately prior to separation
in lieu of a lump sum payment; however, accrual of additional vacation, sick
leave or holiday credits shall cease with the commencement of this intended
final leave.
b. Transfer
1. Any employee who is transferred to the
jurisdiction of a new appointing authority or who accepts employment under the
jurisdiction of a new appointing authority or who moves from the classified to
the unclassified service or vice versa, shall be paid for the number of working
days of unused vacation leave and overtime accumulated to his/her credit
--OR--
2. An employee who is
transferred to the jurisdiction of another appointing authority or who accepts
employment under the jurisdiction of a new appointing authority or who moves
from the classified to the unclassified service, or vice versa, shall be
entitled to credit in his/her new employment for the accumulated unused
vacation credits earned in his/her former employment.
6. Disposition of Credits Upon
Completion of Seasonal Work Each Year for Seasonal Employees of the Baxter
State Park Authority
a. A seasonal employee
of the Baxter State Park Authority may, at the conclusion of seasonal work each
year and at the seasonal employee's option, elect to be paid for the number of
working days of unused vacation leave and compensating time in lieu of overtime
accumulated to the seasonal employee's credit. Election of this option by a
seasonal employee of the Baxter State Park Authority may not be construed as an
interruption in state service if the employee returns to classified or
unclassified employment in any capacity within one year.
C.
Sick
leave
1. Eligibility and Rate of
Accrual
a. Sick leave shall be earned by each
employee in the classified service, except temporary, emergency or project
employees, at the rate of one (1) working day for each completed full month of
service.
NOTE 1: See Chapter 2 for regulations governing intermittent
employment.
NOTE 2: Chapter 147, P&S Law, 1976 enacted 5 MRSA,
§16 which establishes this rate of accrual as the minimum rate applicable
to employees in both the classified and unclassified service.
b. Either the appointing authority or the
Director of Human Resources may require such medical examination or certificate
as deemed necessary before approving the utilization of sick leave.
2. Creditable Time
a. Service shall begin on the date of state
employment and time on layoff, suspension or leave without pay, except as
otherwise provided by law or these rules, shall not be counted in determining
the completion of a full month of service.
b. Part-time employees employed normally the
year round and established on a regular hourly work schedule shall be allowed
sick leave credits pro-rated on the amount of time worked.
c. Sick leave shall not be earned or
accumulated during periods of authorized educational leave.
3. Maximum Accrual and Restoration
of Time Lapsed
Unused sick leave may be accumulated to a total of 90 working
days. When the maximum limitation has been accumulated, days that would
normally thereafter be earned shall lapse but shall be recorded by the
appointing authority. Any employee who has such lapsed sick leave to his/her
credit may apply to the Director of Human Resources to have the sick leave
restored in the event of an extended illness. The Director may authorize
restoration of all or any part of the lapsed sick leave after thorough
investigation, including complete medical reports of the illness requiring the
continued absence of the employee.
4. Authorization for Use
Employees may utilize their allowance of sick leave on the
basis of application therefor approved by their respective appointing
authorities and reported to the Director of Human Resources, for absences
necessitated by:
a. inability to
perform the duties of their positions by reason of illness or injury;
b. necessity for acute medical or dental
care;
c. exposure to contagious
disease under circumstances in which the health of the employees with whom
associated or members of the public necessarily dealt with would be endangered
by attendance on duty; or
d.
illness or death in the immediate family of the employees for such periods as
the attendance of the employees shall be necessary. Immediate family as used
here shall mean the spouse and the parents of the spouse; and the parents,
guardian, children, brothers, sisters or wards of the employee.
5. Expiration Upon Separation
All sick leave shall expire on the date of separation from
the state service, and no employee shall be reimbursed for sick leave
outstanding at the time of termination of his state employment.
NOTE: Maine State Retirement Law provides that up to 90 days
of sick leave accrued and unused at time of separation may be credited as
membership service upon retirement.
6. Special Provisions
a. Reappointments
A former state employee who is reappointed within four years
of his separation from the service under the provisions of the Civil Service
Law and these rules, with probationary or permanent status, may have his
previously accumulated and unused balance of sick leave revived and placed to
his credit upon approval of the new appointing authority.
b. Transfers
An employee who is transferred to the jurisdiction of another
appointing authority or who accepts employment under the jurisdiction of a new
appointing authority without interruption of his/her services to the state
shall be entitled to credit in his/her new employment for the accumulated
unused sick leave earned in his/her former employment.
c. Unclassified Service Appointments
Accumulated sick leave unused at the time of grant of leave
of absence to an employee to accept employment in the unclassified service
shall be restored at the time of reinstatement of the employee to his
classified service position.
NOTE: With the enactment of 5 MRSA, §16, employees who
move from the classified service to the unclassified service, or vice versa,
may, with approval of appointing authorities, transfer accumulated sick leave
credits from one appointing authority to the other, provided such movement is
without a four year break in service.
D.
Worker's Compensation Grants
1. ln the event an employee is paid or
awarded any weekly compensation under the provisions of the Worker's
Compensation Act, then the amount that might otherwise be allowed such employee
under the provisions of these rules shall be reduced by the amount so paid or
awarded under the Worker's Compensation Act. In any such case, the total amount
paid to the employee involved shall not exceed the weekly salary rate to which
the said employee is then entitled, and seniority in employment shall continue
to accumulate.
2. Deductions from
available leave credits may be made to pay for such days or parts of days as is
necessary to compensate for the balance of the regular weekly salary.
E.
Military Leave With
Pay
Employees in the classified service who are members of the
national guard or other authorized state military or naval forces, and those
classified employees who are members of the army, air force, marine, coast
guard or naval reserve shall be entitled to leave of absence from their
respective duties, without loss of pay, and shall accrue sick and annual leave
and seniority during periods of annual training not to exceed 17 calendar days
in any calendar year, as specified by provisions of the National Defense Act or
Armed Forces Reserve Act of 1952.
F.
Jury Duty and Court
Appearances
1. Upon approval of the
appointing authority, any employee, except intermittent, holding a position in
the classified service shall be granted a leave of absence with pay for service
upon a jury or appearance before a court, legislative committee, or other
judicial or quasi-judicial body as a witness in action involving the federal
government, the state, or a political subdivision thereof in response to a
subpoena or other direction by proper authority; provided that for such period
of required absence he/she shall be entitled only to the difference between
his/her regular compensation and the compensation fees received for such
services.
2. Any absence whether
voluntary or in response to a legal order to appear and testify in private
litigation not as an officer or employee of the state, but as an individual,
shall be taken as annual leave, as leave of absence without pay, or as a
deduction from authorized accumulated overtime.
