Section R13-5-510. Leave Without Pay

A.      Short-term leave without pay.

1.        An agency head shall place an employee on leave without pay when the employee is unable to report to work due to illness or non-industrial injury and the employee has no accrued or donated leave balance to cover the absence. The supervisor may require the employee to submit sup- porting documentation for sick leave without pay. If the absence exceeds five working days, the employee must request leave without pay as outlined in subsection (A)(2) of this Section.

2.        An employee may request a leave of absence without pay of 30 working days or less by notifying the employee’s manager as soon as possible and submitting a signed memorandum. The employee shall include the reason for the request and the employee’s intended departure and return-to-duty dates. The agency head may approve or deny the request and may set a date for the employee’s return. If the leave is approved, the employee’s manager shall notify the employee in writing, including any stipu- lation of approval. If the employee returns on schedule, the employee shall retain the position held before the leave of absence.

B.       Extended leave without pay. An employee may request an extended leave-of-absence without pay of over 30 working days by notifying the employee’s manager as soon as possible and submitting a written request under the agency’s policies and procedures.

1.        Approval. An agency head may approve an extended leave without pay. If extended leave without pay is approved, an employee shall sign a leave of absence agreement with the agency. The leave-of-absence agree- ment shall outline the conditions of the leave and the employee’s return to work.

2.        Cancellation. An agency head may cancel a leave-of- absence without pay for any of the following reasons:

a.         The employee violates any condition of the leave-of- absence agreement, including failure to return to work on schedule;

b.        The agency head directs the employee to return to duty because of a need for the employee’s services; or

c.         The employee requests to return early from the leave-of-absence.

3.        Return to work. An employee shall return to duty on schedule from any approved leave of absence unless an extension is approved by the agency. When an employee returns from an extended leave without pay, the agency head shall return the employee to the same position, to another position in the same classification, or to a posi- tion in a similar classification for which the employee is qualified, provided:

a.         The employee complied with all terms of the leave- of-absence agreement, and

b.        The employee passes background screening by the agency head.

C.      Disposition of accrued leave. An employee may retain annual and sick leave balances while on an extended leave-of- absence. An employee shall be paid for any unused compensa- tory or holiday leave balances at the beginning of an extended leave-of-absence. If an employee is granted leave without pay to accept an uncovered appointment with the Governor, the Legislature, or another state agency, the agency head shall transfer the employee’s accumulated sick leave to the receiv- ing agency. The employee’s annual leave may also be trans- ferred if the employee and both agencies agree.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R.

2090, effective May 10, 2000 (Supp. 00-2).