TITLE 36
Public Officers and Employees
CHAPTER 36-4
Merit System
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, §
1.)
