Policies & Procedures - Break In Service
THE LANGUAGE USED IN THIS DOCUMENT DOES NOT CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND THE AGENCY. THIS DOCUMENT DOES NOT CREATE ANY CONTRACTUAL RIGHTS OR ENTITLEMENTS. THE AGENCY RESERVES THE RIGHT TO REVISE THE CONTENT OF THIS DOCUMENT, IN WHOLE OR IN PART. NO PROMISES OR ASSURANCES, WHETHER WRITTEN OR ORAL, WHICH ARE CONTRARY TO OR INCONSISTENT WITH THE TERMS OF THIS PARAGRAPH CREATE ANY CONTRACT OF EMPLOYMENT.
Continuous service is employment with one or more agencies without a break in service as described below.
A. Any employee who receives a lump sum payment for accrued annual leave shall be considered to have had a break in service, except for the following:
- An employee who is separated from a position in which he/she earns both sick and annual leave and who, within fifteen (15) calendar days of separation is appointed to a position in which he/she earns only sick leave;
- An employee with covered status who is separated due to a reduction-in-force and who, within twelve (12) months from the date of separation, is appointed to a position by any state agency; and
- An employee who is involuntarily separated and who is subsequently ordered reinstated to employment with the agency from which they were separated by the State Employee Grievance Committee or by the Courts. An employee who is separated under a reduction-in-force or for cause and who is later reinstated may restore annual leave credits, not to exceed the amount for which they were paid upon separation, by repayment to the agency. An employee who transfers according to item (1), above, shall be paid for accrued leave credits in accordance with annual leave policy. All accrued sick leave credits shall be transferred in accordance with the sick leave policy.