Limit on Use of Annual Leave Immediately Prior to Retirement (Terminal Leave)
Limit on Use of Annual Leave Immediately Prior to Retirement (Terminal Leave)
Division of Administration Personnel Policy No. 15
EFFECTIVE DATE: November 14, 1988
REVISED DATE: March 31, 1994; February 3, 2005; May 17, 2010
SUBJECT: Limit on Use of Annual Leave Immediately Prior to Retirement (Terminal Leave)
AUTHORIZATION: Barbara Goodson, Deputy Commissioner
Policy Sections
Policy Content
I. POLICY:
This policy sets the standard for the use of annual leave by a classified or unclassified employee who is eligible for retirement and has submitted an application for retirement with a firm effective date. Each section within the Division of Administration (DOA) shall limit the use of annual leave by a retiring employee to a maximum of 160 hours (20 eight hour work days) immediately prior to his retirement date.
Sections may further restrict the use of such terminal leave to only employees who have 300 or more hours of accrued annual leave and/or compensatory leave, as well as limit the hours of leave to less than 160 hours.
All leave requests prior to this period shall be subject to the normal approval process.
II. APPLICABILITY:
This policy is applicable to all employees of the Division of Administration in all sections, both general and ancillary appropriations.
III. RESPONSIBILITY:
Holding accountable the section heads under their supervision for adhering to all aspects of this policy.
Ensuring that each employee under his supervision, current and new is:
- Made aware of this policy and its contents as well as any forthcoming revisions, and
- Informed that he must abide by the terms of the policy, and
- Informed of the consequences of violation of this policy.
Evaluating all requests for leave in conjunction with retirement and making a decision regarding those who meet the conditions of the policy and submitting any requests for an exception to the Appointing Authority along with a recommendation.
Making decisions and recommendations based on non-discriminatory, job related reasons such as whether or not the absence from duty will hamper efficient operations of the employee's work unit.
Bringing violations to the attention of the Appointing Authority and dealing with violations in a fair and consistent manner.
Complying with this policy in any fashion instructed by the section head.
Not engaging in other employment, during this period of leave, which would be prohibited during regular employment by either the Code of Ethics, Civil Service Rules, Dual Office Holding Act or departmental regulations.
Submitting a written request for leave and ensuring that the leave is approved prior to taking the leave.
Returning to work immediately upon being notified that the leave is rescinded as a result of a business related reason.
IV. VIOLATIONS:
Failure to comply with this policy may result in disciplinary action, up to and including termination.
V. QUESTIONS:
Questions regarding this policy should be directed to the Office of Human Resources.
VI. EXCEPTIONS:
Requests for exceptions to this policy should be submitted to the Appointing Authority along with specific and compelling justification. Exceptions shall be reviewed and approved on a case by case basis. Some examples of exceptions which may be considered include:
- The employee was denied use of annual/compensatory leave during recent past years because of work responsibilities.
- The employee performed jury duty or other civilian duty as listed under Civil Service Rules and Executive Orders for more than five days while on leave prior to retirement.
Any exception to this policy must have the written approval of the Appointing Authority or his delegated representative. A copy of the approved exception shall be maintained by the Office of Human Resources.
NOTE: This policy text is provided online for your convenience. The signed original policy document remains on file in the Division of Administration Office of Human Resources.
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