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§36-4-63  Sick leave and other leave – Effect of discharging upon overtime work and overtime compensation. –

Published: 2015

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SECTION 36-4-63

   § 36-4-63  Sick leave and other leave

– Effect of discharging upon overtime work and overtime compensation.


(a) For each discharge with pay of three (3) consecutive days of sick leave, an

employee's appointing authority shall require a physician's certificate or

other evidence satisfactory to the appointing authority. Sick leave is hereby

defined to mean a necessary absence or absences from duty due to an employee's

illness, injury, or exposure to contagious disease. In the event that the

required evidence satisfactory to the appointing authority is not presented by

the employee prior to or upon the conclusion of that leave, no payment of any

compensation to which the employee would otherwise be entitled shall be made

and the employee shall be considered for all purposes as having been absent

without leave.

   (b) In any given pay period in the event that an employee

discharges any sick leave or leave of a type referred to in subsection (a) of

this section, either with pay or without pay, he or she shall be permitted to

work overtime only after he or she has worked his or her full thirty-five (35)

or forty (40) hours, whichever is appropriated for the job classification. This

subsection shall also apply to leave without pay which is taken by an employee

for purposes other than those purposes referred to in subsection (a) of this

section excluding, specifically, planned vacation days, personal days, and

leave for death in employee's immediate family.

   (c) Overtime, for purposes of this section, shall mean the

performance of hours of work in any work week which are in excess of an

employee's established work week schedule, or when requested by the employer.

Hours which are paid for but not actually worked except planned vacation days,

personal days, jury duty, and leave for death in the employee's immediate

family shall not be counted as hours worked nor shall they otherwise be used in

computing overtime compensation.

   (d) The provisions of subsection (b) of this section shall

not be applicable to employees in the nonstandard category.

   (e) Notwithstanding other subsections of this section, an

employee who is granted leave with or without pay for the purpose of fulfilling

a military obligation shall be eligible to perform overtime work.

   (f) Notwithstanding the provisions of any other law, it shall

be unlawful for any state agency or any person or persons acting on behalf of

the agency, to agree to, or enter into any agreement including a collective

bargaining agreement or any amendment, modification, extension, or replacement

thereof, whether verbal or written, which contains provisions that are

inconsistent with the provisions of this section and the inconsistent

provisions shall be null and void, whether the provisions result from agreement

or the award of an arbitrator or arbitration panel under the provisions of

chapter 11 of this title.

History of Section.

(P.L. 1983, ch. 167, art. 13, § 1; P.L. 1984, ch. 245, art. XIX, § 1;

P.L. 1985, ch. 181, art. 46, § 1; P.L. 1986, ch. 383, § 1; P.L. 1987,

ch. 218, § 1; P.L. 1988, ch. 558, § 1; P.L. 1998, ch. 258, §