EXECUTIVE ORDER MJF 96-79
Unclassified State Employee Leave
WHEREAS: no permanent rules or policies on annual, compensatory, sick, special, military, and other leave exist
for certain officers and employees who are in the unclassified service of the state; and
WHEREAS: Executive Order EWE 94-32, as amended by Executive Order EWE 95-27, which provided rules
and policies on annual, compensatory, sick, special, military, and other leave for certain unclassified state
employees, expired on August 12, 1996;
NOW THEREFORE I, M.J. "MIKE" FOSTER, JR., Governor of the State of Louisiana, by virtue of the
Constitution and laws of the State of Louisiana, do hereby order and direct as follows:
SECTION 1: Applicability
SECTION 2: Definitions. Unless the context of this order clearly indicates otherwise, the words and terms used
in this order shall be defined as follows:
SECTION 3: Full-time Employees. For each full-time unclassified officer or employee, each appointing
authority shall establish administrative work weeks of not less than 40 hours per week.
SECTION 4: Granting Leave
SECTION 5: Earning of Annual and Sick Leave
For purposes of this Section, contract service does not constitute either full-time or part-time state service
and cannot be used to determine, and has no effect upon, the rate at which annual leave and sick leave is earned by,
accrued by, or credited to a full-time or a part-time officer or employee in unclassified state service.
SECTION 6: Carrying Annual and Sick Leave Forward. Accrued unused annual and sick leave earned by an
unclassified officer or employee shall be carried forward to succeeding calendar years without limitation.
SECTION 7: Use of Annual Leave
SECTION 8: Use of Sick Leave
SECTION 9: Transfer of Annual and Sick Leave
SECTION 10: Disbursement of Accrued Annual Leave Upon Separation
SECTION 11: Disbursement of Accrued Sick Leave Upon Separation. An officer or employee shall not receive
payment, directly or in kind, for any accrued sick leave remaining at the time of their termination from unclassified
SECTION 12: Continuance of Annual and Sick Leave. An unclassified officer or employee shall receive credit
for all accrued unpaid annual leave and all unused sick leave upon reemployment by the state in the unclassified
service within a period of five years from date of their termination from state service if the officer or employee's
reemployment occurs during the effective period of this order.
SECTION 13: Compensatory Leave
SECTION 14: Use and Disbursement of Compensatory Leave While in Service
SECTION 15: Disbursement of Accrued Compensatory Leave Upon Separation
SECTION 16: Special Leave. An unclassified officer or employee shall be given time off, without loss of pay,
annual leave, or sick leave when:
SECTION 17: Military Leave
SECTION 18: Other Leave
SECTION 19: Holidays
SECTION 20: Record Keeping
SECTION 21: Compliance. All departments, commissions, boards, agencies, and officers of the state, or any
political subdivisions within the Executive Branch of state government shall comply with and cooperate with the
implementation of the provisions of this order.
SECTION 22: Effective Dates. Upon signature of the governor, the provisions of this order shall be applicable
to all current officers or employees in the unclassified state service and, as to those employees, retroactive to noon
on January 8, 1996. Nonetheless, any rights that accrued prior to August 12, 1996 to the officers and employees in
the unclassified state service, pursuant to the provisions of Executive Orders EWE 94-32 and 95-27, shall not be
adversely affected by the retroactive application of this order. This order shall remain in effect until amended,
modified, terminated, or rescinded by the governor, or until terminated by operation of law.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of the State of
Louisiana, at the Capitol, in the City of Baton Rouge, on this 30th day of December, 1996.
M.J. "Mike" Foster, Jr.