Section R2-5A-C602. Leave Without Pay

A.      Approval. All leave without pay requires a written request by an employee in advance, including the reason for the employee’s request, and approval by the agency head.

B.       Use of leave. Except for military leave, an agency head shall not grant leave without pay in excess of 80 consecutive hours until all annual leave earned for working on a day on which a state holiday is observed, all accrued annual leave and, if the leave without pay is for medical reasons, sick leave are exhausted.

C.      Return to work.

1.        An employee who returns to work after an authorized period of leave without pay of 80 consecutive hours or less shall return to the same position occupied at the start of the leave without pay.

2.        Except as provided in subsection (C)(4), an employee who returns to work after a period of leave without pay in excess of 80 consecutive hours may return to a position in the class held at the start of the leave without pay, if a position is available and funded, and if the leave without pay is terminated in one of the following ways:

a.        Expiration of its term and the employee’s return to work;

b.        Rescission of the leave without pay by the agency head before its scheduled expiration due to an unforeseen need that results in an insufficient num- ber of employees available to provide service and for which:

i.         The agency head provides written notice of the rescission to the employee’s last known address at least 15 days before the date the employee is directed to return to work; or

ii.        If circumstances beyond the agency’s control do not permit at least a 15-day notice, the agency head provides notice as soon as possible after becoming aware of the need for the employee to return to work; or

c.        Curtailment of the leave without pay before its scheduled expiration date upon request of the employee and with approval of the agency head.

3.        An agency head may consider the failure or inability of an employee to return to work on the first work day after an approved leave without pay as a resignation.

4.        An employee returning to work from leave without pay granted:

a.        For industrial illness or injury for up to six months shall return to the position occupied at the start of the leave without pay. If this position or a position in the same class is not available and funded, the agency head shall conduct a layoff or, if the employee is covered, a reduction in force in accor- dance with Subchapter B.

b.        As military leave is subject to the provisions of the USERRA regulations incorporated by reference in R2-5A-D603.

c.        As FMLA leave is subject to the provisions of the FMLA regulations incorporated by reference in R2- 5A-D601.

D.      Insurance benefits continuation. An employee who is on leave without pay may continue to participate in the employee insur- ance plans as follows:

1.        Health benefit plan participation.

a.        An employee who is on FMLA leave is eligible to continue to participate in the health benefit plan for the duration of the FMLA leave by paying the employee premium/contribution. An agency head may recover the state’s portion of premium/contri- butions paid to maintain health coverage for an employee if the employee fails to return from FMLA leave under certain circumstances, in accordance with FMLA regulations incorporated by reference in R2-5A-D601.

b.        An employee who is on leave without pay for a health-related reason that is not an industrial illness or injury and who either does not meet FMLA eligi- bility requirements or has exhausted FMLA leave and remains absent from work may continue to par- ticipate in the health benefit plan by paying both the state and employee premium/contribution. Authority to continue participation in the health benefit plan shall terminate on the earliest of:

i.         Receipt of long-term disability benefits for which there is eligibility to continue health ben- efit plan participation under a state-sponsored retirement plan,

ii.        A determination of eligibility for Medicare coverage, or

iii.      30 months after the incapacity began.

c.        An employee who is on leave without pay for rea- sons other than those outlined in subsection (D)(1)(a), (b), or R2-5A-D602 pertaining to indus- trial leave, may continue to participate in the health benefit plan for a maximum of six months by paying both the state and employee premiums/contribu- tions.

2.        Life insurance plan participation.

a.        An employee who is on FMLA leave continues to participate in the Basic Life and Accidental Death and Dismemberment Insurance Plan and may con- tinue to participate in the supplemental life and dependent life insurance coverage by paying the full premium/contribution.

b.        An employee who is on leave without pay for a health-related reason that is not an industrial illness or injury and who either does not meet FMLA eligi- bility requirements or has exhausted FMLA leave and remains absent from work may continue to par- ticipate in the basic life insurance plan by paying the state    premium/contribution.   An   employee   who

elects to continue to participate in the basic plan may also continue any supplemental or dependent life coverage that is in force at the beginning of the leave without pay by continuing to pay the premium/con- tribution. Authority to continue in the life insurance plan shall terminate in accordance with the time lim- its specified in subsection (D)(1)(b).

c.        An employee who is on leave without pay for rea- sons other than those outlined in subsection (D)(1)(a), (b), or R2-5A-D602 pertaining to indus- trial leave, may continue to participate in the basic life insurance plan by paying the state premium/con- tribution. An employee who elects to continue to participate in the basic plan may also continue any supplemental or dependent life coverage that is in force at the beginning of the leave without pay by continuing to pay the premium/contribution. Authority to continue in the life insurance plan shall be available for a maximum of six months.

3.        Termination of insurance. The insurance coverage of an individual on leave without pay who fails to pay insur- ance premiums/contributions when due shall terminate at 11:59 p.m. on the last day of the period covered by the last premium/contribution paid.

Historical Note

Section made by exempt rulemaking at 18 A.A.R. 2782, effective September 29, 2012 (Supp. 12-4).