LEAVES OF ABSENCE

Non-discretionary, or required leaves, and their conditions, are covered by Rule 4.5, and 4.10 and by negotiated agreements. Generally the terms and conditions and duration of these leaves can only be modified as follows:

[However see Policy Bulletin #98-02 & Policy Bulletin #99-01 in this section.]

1. Probationers who request restoration prior to the end of their leave must be restored (Rule 4.5);
2. Employees who have been temporarily or provisionally appointed to another competitive class position in their agency must be restored upon request (Rule 4.10);
3. Contingent permanent employees who are affected by return of a prior permanent incumbent must be offered restoration with permanent status to their hold items, or to positions identified for this purpose (Rules 4.11 and 4.12).

[Rule 4.12 has been repealed and 4.11 replaced effective 11/01. This does not nullifiy the above, however.]

Discretionary leaves and their duration are governed primarily by Rule 5.2. Employees may be granted discretionary leaves for a variety of reasons, including, for example, to serve in an exempt class position or to continue to serve in a position in another agency after a required probationary period. Generally, the terms of these leaves can be modified only by mutual agreement, with the exception that employees on discretionary leave to serve in another position in the State service must be restored upon request.

Employees who have a right to be restored and employees who are requesting restoration must give the appropriate personnel office adequate notice (usually two weeks). Employees do not have rights to be restored to a specific item. Rather, they have rights to their former title and appointment status. The appointing authority designates to which item the employee will return. Where the hold item has been moved to another geographic location (i.e., county) and the returning employee refuses to relocate, his or her name will be placed on a reemployment list provided they are otherwise eligible.

Extensions of leaves of absence may be granted by the Civil Service Commission for discretionary leaves beyond two years. Such extensions must be requested at the time of the expiration of the leave. Where a discretionary leave of absence has lapsed but the employee has continued in state service, "hold" rights may be re-established either by reinstating the employee and simultaneously granting a new leave to the position in which they have been serving, or, where the lapse is six months or less, by requesting approval for a retroactive extension of the original lapsed leave of absence.

The six month cutoff is based on the assumption that either an administrative error has occurred or that, due to the scheduling of Commission meetings, the request was not made on a timely basis.

The intent of Rule 5.2 (c) is to prevent agencies from usurping the Commission's prerogative in granting extensions of leaves. We interpret Rule 5.2 (c) to have the following results:

1. If a discretionary leave is about to expire or has expired within the last 6 months, the agency may:
   1. request an extension from the Civil Service Commission if the employee is to continue on discretionary leave, or
   2. return the employee to a position in their former title for less than 6 months, then request an extension from the Civil Service Commission, or
   3. return the employee to a position in their former title for 6 months or more and then grant the employee a new discretionary leave.
2. If a discretionary leave expired more than 6 months ago, the agency may reinstate the employee to a position in their former or an appropriate title and grant a new discretionary leave.

CHANGES IN HOLD ITEMS

The guiding principle to understanding the above is that leaves are from a title/status/agency [and not necessarily from a specific item in APPS] and not to a specific position, or necessarily to any position at all.

Employees may have their hold rights changed to a different position in the same title/agency, or via voluntary transfer or other permanent appointment, to a position in a different title/agency while they continue in their current positions. However such changes may affect their leave rights.

Changes in appointing authority cancel discretionary leaves granted by the former appointing authority. The new appointing authority may then grant a new discretionary leave. (Of course the employee may now also have a non-discretionary leave pursuant to Rule 4.5 or 4.10 or negotiated agreements from a hold item in the former appointing authority.)

Changes in title within an appointing authority do not interrupt a discretionary leave or change its end-date. (Of course the employee may now also have a non-discretionary leave pursuant to Rule 4.5 or 4.10 or negotiated agreements.)

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