Chapter 11: Hours of Work, Annual, Sick and Other Forms of Leave

(a) Subject to the provisions of subsections (b) and (c) hereof, the work week for each full-time employee in the classified service shall be forty (40) hours; or an appointing authority may specify an alternate 80-hour, two-week work period for exempt employees.

(b) An appointing authority, with the approval of the Commission, may specify a work week exceeding forty (40) hours for employees in specific classes of positions within his agency, or for employees in specific divisions or activities within his agency.

(c) Subject to the provisions of subsections (a) and (b) of this Rule, the appropriate appointing authority shall designate and record the number of hours and days, which will constitute the regular work week of each full-time employee.

(d) Each specification prepared under the provisions of subsection (b) of this Rule shall be filed with the Director.

(a) When the services of an employee are not needed on a full-time basis his appointing authority may establish a regular tour of duty for him on a part-time basis.

(b) The appropriate appointing authority shall designate and record the number of hours and days, which will constitute the regular work week of each part-time employee.

When the services of an employee are not needed on a regularly scheduled basis, the appointing authority may appoint an employee to serve on an intermittent hourly, daily, weekly or monthly basis.

A department may establish a policy under which employees may participate in telework, including formal and situational telework. Employees are not entitled to telework, nor does participation in telework change the terms and conditions of employment. Business-related, operational needs shall drive decisions regarding suitability of positions for telework, approval of employees to participate in telework, and the approval of which work days employees may be authorized to telework. A department shall maintain a listing of positions that are designated as suitable for telework. A department’s policy must have the approval of the Director prior to implementation. At a minimum, policies must include the following conditions and elements:

(a) Affirmatively state that employees are not entitled to telework, but instead telework is driven by business-related, operational needs and can be modified or rescinded at any time.

(b) Affirmatively state that employees are subject to all agency policies and procedures.

(c) Define Formal Telework and Situational Telework.

(d) Identify factors that will be included in determining a position’s eligibility for telework.

(e) Identify factors that will be included in determining an employee’s eligibility for telework.

(f) Identify how teleworkers will be affected by official office closures.

(g) Establish and identify minimum requirements for alternative worksites, including but not limited to: safety, equipment, network security, and related matters, including which equipment will be provided by the department and that which must be provided by the employee at their cost.

(h) Provide that telework shall not be used to perform personal business during work hours or for any purpose for which leave (annual, sick, etc.) should be requested.

(i) Require employees who are authorized to participate in telework and their supervisors to complete mandatory telework training as established by State Civil Service.

(j) Require employees who are authorized to participate in telework to enter into a written telework agreement with their department, which is reviewed and renewed at least annually. The telework agreement must contain the location of the approved alternative worksite(s).

Departments with approved telework policies shall maintain proper time and attendance records that record an employee’s telework days.

(a) Annual and sick leave shall be earned by each full-time and each part-time employee who has a regular tour of duty, except that no employee shall earn annual or sick leave while serving on classified WAE appointment or while using leave from an agency leave pool as defined in Rule 11.34.

(b) The earning of such leave shall be based on the equivalent of years of full-time State service and shall be creditable at the end of each calendar month or at the end of each regular pay period in accordance with the following general schedule:

1. Less than three years of service, at the rate of .0461 hour of annual leave and .0461 hour of sick leave for each hour of regular duty.
2. Three years but less than five years of service, at the rate of .0576 hour of annual leave and .0576 hour of sick leave for each hour of regular duty.
3. Five years but less than ten years of service, at the rate of .0692 hour of annual leave and .0692 hour of sick leave for each hour of regular duty.
4. Ten years but less than fifteen years of service, at the rate of .0807 hour of annual leave and .0807 hour of sick leave for each hour of regular duty.
5. Fifteen or more years of service, at the rate of .0923 hour of annual leave and .0923 hour of sick leave for each hour of regular duty.

(c) Repealed, effective July 1, 1973.

(d) No employee shall be credited with annual or sick leave

1. For any overtime hour.
2. For any hour of leave without pay.
3. Repealed 9/13/2006.
4. For any hour in on-call status outside his regular duty hours as defined in Rules 11.1 and 11.2.
5. For any hour of travel or other activity outside his regular duty hours as defined in Rules 11.1 and 11.2.
6. For any hour of a holiday or other non-work day which occurs while he is on leave without pay.

(a) Accrued unused annual and sick leave earned by an employee shall be carried forward to succeeding calendar years.

(b) Repealed, effective March 15, 1973.

(a) Annual leave must be applied for by the employee and may be used only when approved by the appointing authority or his designated representative.

(b) Annual leave shall not be charged for non-work days.

(c) Each appointing authority shall select a method to charge the annual leave records of all employees. The minimum charge to annual leave records shall be not less than one-tenth hour (6 minutes) nor more than one-half hour.

(d) The appointing authority shall use the same method for charging to leave records for both annual and sick leave.

(a) Subject to subsection (b) hereof, and military leave provisions in Rule 11.26, an appointing authority may require an employee to take annual leave whenever in his administrative judgment such action would be in the best interest of the Department.

(b) No employee shall be required to reduce his accrued annual leave to less than 240 hours except;

1. prior to being granted leave without pay, but subject to the right granted the employee by the military leave provisions of these rules; or,
2. where it is determined that the need to be absent from work is because of a condition covered by the United States Family and Medical Leave Act.
3. the leave is required during closures in accordance with Rule 17.10 as a layoff avoidance measure.

(a) Subject to Rule 11.18(a) and sub-section (b) of this rule, each employee upon separation from the classified service shall be paid the value of his accrued annual leave in a lump sum disregarding any final fraction of an hour; provided, that the privileges of this rule shall not extend to any employee who is dismissed for theft of agency funds or property. The payment for such leave shall be computed as follows:

1. When an employee is paid wages on an hourly basis, multiply his regular hourly rate by the number of hours of accrued annual leave.
2. When an employee is paid on other than an hourly basis, determine his hourly rate by converting his salary in accordance with provisions in the uniform pay plan for conversion to a working hourly rate. Multiply his converted hourly rate by the number of hours of accrued annual leave.

(b) No terminal payment for annual leave earned under these Rules shall exceed the value of 300 hours, computed on the basis of the employee's hourly rate of pay (includes base supplement) at the time of his separation. The hourly rate of pay for employees who are on detail shall not include the employee’s pay in the detail position.

(c) No payment for annual leave under this Rule shall operate to continue the payee as a classified employee beyond the last day of active duty.

(d) Payment for annual leave earned under administrative rules or regulations in effect prior to July 1, 1953 may be made upon separation in accord with such rules or regulations.

(e) When an employee who has been paid under this Rule for accumulated annual leave is reemployed in a classified position, he shall pay the Department which reemploys him the value of such annual leave at the rate paid him less the value of working hours for which he has been paid which intervene between the last day worked and the date of reemployment and shall be given credit for the number of hours of annual leave for which he has made reimbursement, except when:

1. an employee returns to work for the first time after retirement or
2. an employee is rehired into a job appointment or non-leave earning position, he/she shall not be required to make reimbursement.

(f) Repealed and reenacted as Sub-section (d)6 of Rule 11.5, effective July 1, 1973.

(g) Repealed, effective June 8, 1983.

When an employee is removed in accordance with Rule 12.6 (a)1, he shall be paid the value of his accrued sick leave in a lump sum, based on his regular hourly rate of pay, unless he is reemployed in probational or permanent status in the classified state service or is reemployed in the unclassified service, without a break in service of one or more working days, in which cases the sick leave will transfer to the employing agency.

(a) Sick leave may be utilized by an employee who has sufficient leave to his credit for necessary absence from duty because of:

1. His own illness or injury, which prevents him from performing his usual duties.
2. His own medical, dental, or optical consultation or treatment for the duration of time required for such appointments when it is not possible to arrange such appointments for non-duty hours.
3. Repealed, effective January 1, 1963.
4. Assertion, supported by medical certification, of his own need to be isolated from the workplace to avoid a health risk exposure during a health pandemic declared by the Governor because of a diagnosed high-risk immunological disorder.
5. The need to care for a son or daughter as defined by the Family and Medical Leave Act when there is a health pandemic declared by the Governor, and there is no other suitable person available to care for the son or daughter because his or her school or place of care has been closed or the childcare provider is unavailable due to a reason directly related to the health pandemic.

(b) In lieu of requesting annual leave, an employee who has sufficient leave to his credit may request sick leave for necessary absence from duty for the following reasons:

1. Illness, or injury of an immediate family member which necessitates the absence.
2. Medical, dental, or optical consultation or treatment for immediate family members when it is not possible to arrange such appointments for non-duty hours.

Leave under this subsection may only be used when approved by the appointing authority or his designated representative.

(c) Sick leave shall not be charged for non-work days.

(d) Repealed, effective June 30, 1972.

(e) Each appointing authority shall select a method to charge the sick leave records of all employees. The minimum charge to sick leave records shall be not less than one-tenth hour (6 minutes) nor more than one-half hour.

(f) The appointing authority shall use the same method for charging to leave records for both annual and sick leave.

(g) An appointing authority may require appropriate documentation to establish the need for leave as set forth above.

An appointing authority may place an employee on sick leave when:

(a) the employee asserts an inability to work due to the employee's illness or injury.

(b) there is an apparent need to remove the employee from the workplace to avoid the spread of illness.

Under subsection (b) an appointing authority may place an employee on sick leave and require that he remove himself from the workplace when he has declined to utilize sick leave and presents for duty displaying symptoms of illness. In order to enforce sick leave under this subsection, the symptoms must be observed by at least two individuals, one of whom must be in a supervisory capacity. The employee may be returned to duty at the appointing authority's discretion; however, he shall be returned to duty upon presentation of a certification from a medical doctor or nurse practitioner who, after examining the employee, certifies that he is fit for duty.

An employee who has taken sick leave shall file with his appointing authority a certificate stating the cause of his absence and the amount of time taken. The appointing authority may require a statement from a registered physician or some other acceptable proof that the employee was ill and unable to report to work.

(a) When an employee separates from the state classified service, all accrued annual leave except that which must be paid and all accrued sick leave except that which must be paid under Rule 11.10.1 shall be canceled; however, if the employee is reemployed in probational or permanent status in the classified service or is reemployed in the unclassified service without a break in service of one or more working days, all of the employee's annual and sick leave shall be transferred to the employing agency.

(b) Subject to the provisions of Rule 11.19, when a former employee is reemployed with permanent or probationary status within 5 years of his separation, all accrued annual and sick leave that was canceled upon separation shall be recredited to him; provided, that the privileges of this Rule shall not extend to an employee whose last separation was by dismissal or resignation to avoid dismissal.

(c) Repealed, effective August 5, 1992.

(d) Repealed, effective August 5, 1992.

(e) Repealed, effective August 5, 1992.

(a) Repealed, effective July 1, 1973.

(b) Subject to the provisions of Subsection (c) of this Rule, all annual leave accrued by an employee for which he is not paid and all sick leave accrued by him whenever he changes from employment in one department to employment in another department within a period of thirty calendar days shall be certified by his former department to the other department and shall be credited to the employee.

(c) All annual leave accrued by an employee for which he was not paid and all sick leave accrued by him at time of separation to enter military service shall be credited to him upon his reemployment in a classified position following such military service.

(d) The annual and sick leave credits of a state employee, earned under the provisions of a formal system of leave accrual and use, or employed by an entity that employs state classified employees on a regular basis, who enters the Classified Service, shall be certified and credited in the same manner as provided in this rule for classified employees.

When an employee is absent from work due to disabilities for which he is entitled to workmen's compensation he

(a) shall, to the extent of the amount accrued to his credit, be granted sick leave not to exceed the amount necessary to receive total payments for leave and workmen's compensation equal to his regular salary.

(b) may, to the extent of the amount accrued to his credit, be granted annual leave or a combination of annual and sick leave not to exceed the amount necessary to receive total payments for leave and workmen's compensation equal to his regular salary.

(c) may be granted leave without pay.

(a) When an employee engaged in law enforcement work is disabled while in the performance of duty of a hazardous nature, and because of such disability is unable to perform his usual duties, his appointing authority may, with prior approval of the Director, grant such disabled employee a leave of absence with full pay not to exceed six months during the period of such disability without charge against the employee's accumulated sick or annual leave, provided such employee must pay to his Department all amounts received by him as Workmen's Compensation benefits. Requests for such leave shall be submitted in writing by the appointing authority and shall include all information necessary to determine whether an employee is covered by this Rule.

(b) If a request, made in accordance with the provisions of Subsection (a) of this Rule, is found to be questionable or if the leave requested exceeds or later extends beyond six months, the Director shall submit such request to the Commission for its review and approval.

An employee serving with job appointment, probationary or permanent status shall be given time off without loss of pay, annual leave, or sick leave when:

(a) Performing jury duty.

(b) Summoned to appear as a witness before a court, grand jury, or other public body or commission, provided that for purposes of this Subsection a plaintiff or defendant shall not be considered a witness, nor shall this Subsection apply to an employee summoned as a witness as a result of employment other than State employment.

(c) Performing emergency civilian duty in relation to national defense.

(d) His appointing authority determines that he is prevented by an act of God from performing duty.

(e) Amended and Re-enacted effective January 11, 1989 as Rule 11.23.2.

(f) Participating in a State Civil Service examination on a regular work day, or taking a required examination pertinent to the examinee's State employment, before a State licensing board.

(g) The appointing authority determines that because of local conditions or celebrations it is impracticable for his employees in such locality to work.

(h) The employee is ordered to report for pre-induction physical examination incident to possible entry into the military forces of the United States.

(i) The employee is a member of the National Guard and is called to state active duty by the Governor in response to a declared emergency.

(j) Engaged in the representation of a client in a criminal proceeding pursuant to an order of a court of competent jurisdiction, provided if compensation for such services is available from another source, he may not accept the special leave and the compensation.

(k) The employee is a current member of a Civil Air Patrol and incident to such membership is ordered to perform duty or participate in field exercises or training, except that such leave shall not be used for unit meetings or training conducted during such meetings.

Probationary and permanent employees may be granted time off without loss of pay, annual leave or sick leave when attending the funeral or burial rites of a parent, step-parent, child, step-child, brother, step-brother, sister, step-sister, spouse, mother-in-law, father-in-law, grand-parent, or grand-child; provided such time off shall not exceed two days on any one occasion.

A probationary or permanent employee may be granted time off without loss of pay, annual leave or sick leave when voting in a primary, general or special election which falls in his regularly scheduled work day, provided not more than two hours of leave shall be allowed to vote in the parish where he is employed and not more than one day to vote in another parish.

A full-time probationary or permanent employee may be granted time off without loss of pay, annual leave, compensatory leave, or sick leave, for a period not to exceed 15 work days in any calendar year, to participate in American Red Cross relief services in Louisiana for disasters designated at Level III or above in the American Red Cross Regulations and Procedures. Such employees must have received a certification from the American Red Cross as a Trained Disaster Volunteer. All such requests must be made in writing and approved by the appointing authority.

(a) Leave without pay for educational purposes may be granted an employee for a period equivalent to the period of attendance at the educational institution.

(b) Educational leave with pay may be granted an employee for a maximum of thirty calendar days in one calendar year if the course of instruction to be taken is pertinent to the work of the employee in his Department, provided that a permanent employee may be granted such leave for a maximum of ninety calendar days in one calendar year if the Department requires him to take special training.

(c) Employees granted educational leave without pay may be granted a stipend if there are funds available for that purpose.

The provisions of this rule shall apply to members of a Reserve Component of the Armed Forces of the United States and to members of National Guard Units who are called to duty for military purposes.

(a) Military Leave with Pay.

1. Provided they give advance notice, employees serving on job appointment, probationary or permanent status, shall be entitled to military leave with pay.
2. No advance notice is required when such notice is either precluded by military necessity, or otherwise impossible or unreasonable.
3. Military leave with pay for military training or duty is limited to 15 working days per calendar year.
4. Military leave with pay for a member of the National Guard who is called to Title 32 active duty in response to a declared emergency by the Governor is limited to 22 working days per calendar year.

(b) Use of Annual and Compensatory Leave for Military Purposes.

1. Employees serving on job appointment, probationary or permanent status, who give advance notice of military obligations and apply for annual or compensatory leave for military purposes, shall be granted such leave.
2. No advance notice is required when such notice is either precluded by military necessity, or otherwise impossible or unreasonable.

(c) Use of Leave Without Pay for Military Purposes.

Employees serving on job appointment, probationary or permanent status, who have either exhausted annual leave and compensatory time or choose not to use their paid leave for military purposes, shall be placed on leave without pay. This period of leave without pay for military purposes shall not exceed six years. After six years, he/she shall be separated from the classified service. This rule does not extend the term of temporary appointments which were made for less than six years; if the original term of the appointment was less than six years, the agency may end the appointment as originally scheduled and the employee may be separated.

(d) Rights Upon Return.

Probational and permanent employees and employees serving on job appointments returning to their classified positions under the provisions of this Rule or Rule 23.15, which governs time frame requirements for restoration to state employment, shall return with such seniority, status, pay, and annual and sick leave accrual rates as they would have had if they had not been absent for military training or military active duty; however, probational status shall be governed by the provisions of Rule 9.3.

(e) Repeal entire section as it applied only to Persian Gulf Crisis of 1990.

(f) Repeal entire section as it applied only to Persian Gulf Crisis of 1990.

(g) The provisions of this section of the rule apply to employees serving on job appointment, probationary or permanent status, who are called to active duty, and who are on Leave Without Pay by choice or because all annual and/or compensatory leave has been exhausted. The provisions of this subsection (g) shall apply retroactively to September 11, 2001. The provisions of this subsection (g) shall NOT apply to employees on "inactive duty for training" (weekend drills).

1. When Military Leave with Pay as provided in Rule 11.26(a) has been exhausted, an employee whose military base pay is less than his state base pay shall be paid the difference between his military base pay and his state base pay in his regular position. Such payment shall be made on the same frequency and manner as the employee’s regular state pay, unless other voluntary arrangements are made. Employees receiving the pay differential shall provide to agency officials any documentation appropriate to ensure the payment amount is calculated correctly. Employees who choose to use their annual leave during their period of military absence shall not be eligible for receipt of the pay differential, unless the leave was used between September 11, 2001, and the date of the adoption of this rule, in which case subparagraph (4) shall apply.
2. Employees shall continue to accrue sick and annual leave for the entire period of service, beginning the date of the service. Leave shall be accrued on the same basis as though the employee had not been activated. Leave earned shall be credited to the employee upon his return from active duty.
3. Employees who are on Leave Without Pay shall receive, each calendar year, the full amount of Military Leave with Pay provided in Rule 11.26(a)3 and (a)4. The pay differential allowed in 11.26(g)1 shall be suspended until the 15-day Military Leave with Pay period is exhausted and the employee returns to Leave Without Pay status.
4. If paid leave has been used during any portion of service from September 11, 2001, through the date of adoption of this rule, an employee who chooses to use the pay differential option shall have his leave balance recredited with a leave amount equal to the value of the pay differential the employee would have received had this rule been in effect on September 11, 2001.

(h) A probationary or permanent employee, who was called to active duty for military purposes and who resigned from state service, may, at his request, and within 90 days of his release from active duty, have his resignation rescinded and become eligible for the benefits of subsection (g) of this rule.

(a) An appointing authority may extend leave of absence without pay to an employee, provided that such leave shall not prolong the period of the employee’s appointment.

(b) Abolish effective October 1, 2000.

(c) Repealed effective February 16, 2009.

(d) The appointment of an employee who has not completed his probationary period and who fails to return to duty in pay status on or before the first working day following the expiration date of any period of leave without pay extended him shall terminate as of the close of business on such expiration date.

(e) A permanent employee who has been extended leave of absence without pay under the provisions of Subsection (a) or (b), or both, hereof shall be restored to duty in pay status on or before the first working day following the expiration of such leave of absence. If the employee fails to report for or refuses to be restored to duty in pay status on the first working day following the expiration of his approved leave of absence without pay, or at an earlier date upon reasonable and proper notice from his appointing authority, he shall be considered as having deserted his position and shall be separated in accordance with the provisions of Chapter 12 of these Rules.

(f) An appointing authority on its own initiative or at the request of the employee may curtail a period of leave of absence without pay extended to an employee, provided such curtailment is for the best interest of the State service and reasonable and proper notice thereof is furnished to the employee. Curtailment must not conflict with the provisions of Rule 11.26(b).

(g) In addition to any disciplinary action which may be imposed against an employee for an unapproved absence, such employee may be placed on leave without pay by his appointing authority for the period of unapproved absence.

A probationary employee shall not be granted leave to serve in an unclassified position.

(a) An employee, who is required by his appointing authority to work on his official holiday, shall be entitled to compensatory leave or overtime pay benefits as authorized in Chapter 21 of these Rules.

(b) When a holiday falls on an employee's regular day off, and the appointing authority requires the employee to work on his designated holiday and the actual holiday, the appointing authority shall select only one of the two days as the employee's official holiday for overtime compensation as provided by the Rules contained in Chapter 21. The other day is to be compensated as regular overtime work.

(c) Repealed, effective June 7, 1989.

The departments shall maintain uniform records on all types of leave on forms prescribed by the Director.

Subject to the provisions of Rule 11.5(a), a department may establish a policy to implement and administer a pool of shared annual leave which may be used by employees who cannot work due to a crisis situation and who have insufficient appropriate paid leave to cover the absence needed for the crisis situation. An employee using leave from a crisis leave pool shall receive leave in sufficient quantity to ensure his wage replacement is 75% of the pay he would receive in a regularly scheduled workweek. A department’s policy must have the approval of the Civil Service Commission prior to implementation. At minimum, policies must include the following conditions and elements:

1. Classified employees must have attained permanent status to be eligible to donate or use leave from the leave pool.
2. Each Department shall specify the calendar year or the fiscal year as their “crisis leave pool policy year”.The department’s policy shall establish a cap on the amount of annual leave which may be donated by an individual employee. No cap shall exceed 240 hours per employee per policy year.
3. The department’s policy shall establish a reasonable balance of annual leave that donors are required to retain after the leave donation.
4. The department’s policy shall establish a cap on the amount of leave which may be used by an individual employee. The cap shall not exceed 240 hours during one calendar year. The department’s policy shall establish and clearly define eligibility criteria and the crisis situations which will be covered.
5. The department’s policy shall define a procedure for administering the leave pool.
6. The department’s policy shall establish a prohibition against the use of coercion or pressure to donate leave.
7. The department may establish other policy elements and conditions as deemed necessary. All additional elements and conditions shall be in compliance with Civil Service Rules.
8. A department’s leave pool may be either: 1) a pool consisting of leave hours donated and used, or 2) a pool consisting of the dollar value of the leave donated and used.

(a) Effective May 31, 2020, the use of special leave under Civil Service Rule 11.23(d) shall not be granted by an appointing authority for any employee absence related to the COVID-19 health pandemic. The Director is granted the authority to reinstate special paid leave under Civil Service Rule 11.23(d) for absences related to COVID-19 in the event the need arises due to a resurgence in the pandemic and an accompanying declaration by the Governor.

(b) Repealed by expiration of rule, effective April 1, 2021.

(c) An appointing authority may grant time off without loss of pay, annual leave or sick leave to an asymptomatic employee who is directed by the appointing authority to be tested for COVID-19 and/or self-quarantine after being exposed through close contact to an individual with a confirmed positive COVID-19 diagnosis.

Such special paid leave shall not extend beyond 14 calendar days as recommended by the Centers for Disease Control and Prevention. Once the employee develops symptoms of illness or is confirmed with a positive COVID-19 diagnosis, he shall immediately be placed in an appropriate leave status, including leave without pay if the employee has exhausted both annual leave and sick leave.

(d) Repealed by expiration of rule, effective September 30, 2021.

(e) An appointing authority may grant time off without loss of pay, annual leave or sick leave to an employee in order to receive a COVID-19 vaccination, provided such leave shall not exceed 4 hours for each administration of the vaccine. Appointing authorities shall require the employee to provide proof of vaccination for documentation purposes.

(a) This rule provides up to 240 hours of paid parental leave without deduction to an eligible employee’s annual, sick, or compensatory leave balances. Such leave shall be for a qualifying purpose related to an employee’s child born or placed with the employee for adoption or foster care on or after January 1, 2024, and as described throughout this rule.

(b) Qualifying Events:

1. Birth of a child;
2. Placement of a child under the age of 18 with the employee for adoption;
3. Placement of a child under the age of 18 with the employee for foster care.

(c) Eligibility:

1. Parental leave is only available to employees in leave-earning positions on the date of the qualifying event;
2. Parental leave is only available to employees who on the date of the qualifying event have been employed by the State for at least 12 months and who have actually worked at least 1250 hours in the 12 months preceding the parental leave request.
3. Parental leave is only available to the legal parents, adoptive parents or foster parents of the child for whom parental leave is taken when said parents have an active and on-going role in parenting the child and are taking leave for one of the qualifying purposes set forth below. For purposes of this rule, a legal parent is a person having a genetic relationship to the child or filiated to the child through legal presumption or assisted reproductive technology.

(d) Qualifying Purposes:

1. For a legal, adoptive or foster parent to bond with the child for whom leave is taken.
1. A need to bond with the child exists when there is a new relationship between the parent and child and the employee will spend time with the child to create an on-going mutual attachment. This rule is not intended to apply where a relationship resembling parent-child already exists and the primary change is the legal nature of the relationship. (Examples: foster parent to adoptive parent; some intra-family adoptions such as adoptions by step-parents.)
2. For adoptive or foster parents to attend post-placement court proceedings or mandatory meetings related to adoption or foster placement.

(e) Duration:

1. Parental leave is available for use only during the 12 weeks (84 calendar days) immediately following the commencement of the qualifying event;
2. Parental leave is available for use commencing on the first date of a qualifying event and for only as much of the parental leave period as the employee is engaged in a qualifying purpose;
3. Parental leave may be used continuously or intermittently, in accordance with the need therefor;
4. Unless the Appointing Authority determines that an employee is utilizing parental leave in violation of this rule, the Appointing Authority shall not reduce the parental leave period authorized herein nor interfere with the employee’s use of parental leave as set forth herein.

(f) Compensation:

1. Subject to the limitations set forth below, full-time employees shall be compensated at the rate of 100% of the employee’s base pay for a period not to exceed 240 hours during the available 12-week period;
2. Subject to the limitations set forth below, part-time employees shall be compensated at the rate of 100% of the employee’s base pay for a period not to exceed 6 weeks based upon the employee’s average number of hours worked in the 6 months immediately preceding the commencement of parental leave. (Example: If an employee works an average of 25 hours per week during the 6- month look-back period, the employee shall be paid their base pay for 25 hours per week for six weeks.) .

(g) Limitations:

1. Parental leave shall not be donated to another employee or leave pool;
2. Unused parental leave shall not be reserved for use during a subsequent qualifying event nor paid to the employee;
3. This rule is not intended to provide any form of unpaid leave after exhaustion of 240 hours (or the appropriate allotment for part-time employees) of paid parental leave. Additional leave, if any, shall be taken under the provisions of another rule, law or policy;
4. At least 12 months shall elapse from the beginning of one parental leave period until an employee is eligible for another parental leave period. For a new parental leave period, there shall be a new qualifying event on or after the 12-month waiting period and the eligibility requirements of section (c) shall be satisfied as of the date of the new qualifying event;
5. Eligible employees utilizing parental leave for occurrences also qualifying under the Family and Medical Leave Act (“FMLA”) shall use FMLA leave concurrently with parental leave;
6. When both parents to the child for whom parental leave is taken are employed in the state classified service, each is entitled to utilize a full 240-hour (or the appropriate allotment for part-time employees) parental leave period.
7. In using parental leave, employees shall follow their agency’s customary leave practices. That is, as practicable, advance notice of leave needs shall be provided and leave approved prior to use;
8. An employee’s use of parental leave in accordance with this rule and agency policy shall not have a negative impact upon their employment relationship. Employees not utilizing parental leave in accordance with this rule and/or agency policy may be disciplined, including the possibility of separation or dismissal.
9. For compensation purposes, all state holidays, office closures, and special leave under the provisions of Rule 11.23(d) and (g) take precedence over parental leave. The employee shall be paid for the holiday, closure, or special leave and a corresponding number of hours shall be deducted from the parental leave quota. The holiday, closure, or special leave shall not extend the parental leave period.

(h) Establishing Eligibility for Parental Leave:

1. Prior to granting parental leave, an Appointing Authority shall have the requesting employee complete a request form developed by the Director.
2. In addition to the request form, an Appointing Authority may require an employee requesting paid parental leave to produce acceptable proof in support of their request, such as a birth certificate or insurance certificate confirming their relationship to the child for whom parental leave is requested or proof of attendance at court proceedings or other mandated meetings related to adoption or foster placement. An Appointing Authority shall not require that an employee produce medical records or scientific evidence to prove paternity.

(i) Policies:

Agencies may adopt policies and procedures to give effect to the intent and purposes of this rule. Except as necessary to do so, all provisions of the Civil Service Rules remain fully applicable to employees authorized to use parental leave.