Section 22-B8402. LEAVE CATEGORIES

 

8402.1Policy: The PBC shall provide paid time off to regular full-time and part-time employees to allow employees time away from work. Paid time off replaces traditional vacation, personal, and sick time and places joint responsibility on managers and employees to schedule time off.

 

8402.2The following procedures are applicable when computing paid time off:

 

(a)The qualifying date for computing the employee’s entitlement to paid time off shall be the calendar year;

 

(b)An employee accrues hours of paid time off per pay period (per month) in accordance with the following categories:

 

(1)There shall be two (2) separate schedules; one for employees who have been employed prior to the October 1, 1997 date the PBC is instituted and another far employees (i.e., new hires) hired after October 1, 1997. The following procedures shall apply:

 

(A)For employees hired prior to October 1, 1997 leave shall be credited at the following rate:

 

(i)Annual Leave for full-time employees:

 

a.0-3 years of service: 4 hours per pay period or 13 days per year;

 

b.3-15 years of service: 6 hours per pay period or 20 days per year;

 

c.15 or more years of service: 8 hours per pay period or 26 days per year.

 

(ii)Annual Leave for part-time employees:

 

a.0-3 years of service: 1 hour for each 20 hours in a pay status;

 

b.3-15 years of service: 1 hour for each 13 hours in a pay status;

 

c.15 years of service: 1 hour for each 10 hours in a pay status.

 

(iii)Sick leave for full time employees is four (4) hours bi-weekly; and

 

(iv)Sick leave for part-time employees is one (1) hour for each 20 hours of duty.

 

(B)For employees hired after October 1, 1997 leave for paid time off, which includes annual and sick leave, shall be credited at the following rate:

 

(i)Eighteen (18) days for an employee with less than three (3) years of service;

 

(ii)Twenty-three (23) days for an employee with three (3) to ten (10) years of service;

 

(iii)Twenty-eight (28) days for an employee with ten (10) or more years of service; and

 

(iv)Part-time employees shall receive leave on a pro-rated basis.

 

(2)Paid time off can be taken only after it has been accrued.

 

(c)Absences without pay shall not be considered time worked in computing paid time off;

 

(d)An employee shall maintain, but shall not accrue paid time off credit when in an unpaid status. Where an employee has been voluntarily absent, the paid time off shall be pro-rated on a percentage basis, i.e., the period of time actually worked as that period relates to the period of paid time off due; and

 

(e)If an approved holiday falls on an employee’s paid time off day, the holiday shall replace a paid time off day.

 

8402.3The following procedures are applicable when scheduling paid time off:

 

(a)Paid time off schedules shall be established taking into account the wishes of the employee and the needs of the PBC. Where there is a conflict in choice of time off among employees, seniority shall prevail. Managers and employees shall collaborate on scheduling time off, including the sharing of information that would facilitate understanding of the need for coverage and the need for the time off;

 

(b)The manager shall respond to a request for time off within thirty (30) days after the deadline or deadlines established by the department for submission of requests;

 

(c)For new hires, the balance of paid time off that is unused in a calendar year may be transferred into the disability bank to be used to supplement bona fide disability payments. Up to ten (10) days of paid time off may be carried over into the next calendar year for new hires;

 

(d)If an employee is mandated to work and cannot use earned time off due to operational needs of the organization, special arrangements can be made for carry over into the new year. Leave carried over in this manner must be used in the first ninety (90) days of the new calendar year or it shall be lost;

 

(e)Those employees hired on or before October 1, 1997, prior to the implementation of the PBC, may carry over up to two hundred and forty (240) hours of annual leave and all accrued sick leave;

 

(f)Employees may donate paid time off to other employees, the value of which shall be converted for the employee who is the recipient. Human Resources should be contacted in such instances;

 

(g)Part-time employees shall be entitled to paid time off benefits on a pro-rated basis; and

 

(h)Temporary employees retained beyond six (6) months of continuous employment shall accrue paid time off from the first day of employment.

 

8402.4Paid time off pay is considered as follows:

 

(a)Pay shall be based upon the employee’s regular pay and regularly scheduled hours prior to the start of the employee’s time off;

 

(b)Pay shall be computed on the basis of regular straight-time earnings. “on-call” pay and overtime pay are excluded from the paid time off rate;

 

(c)An employee who has resigned and has given proper notice of resignation, shall receive up to a maximum currently allowable annual leave upon termination; and

 

(d)An employee may opt to cash out paid time off of up to two (2) weeks at sixty (60%) value, payable in December.

 

source

Final Rulemaking published at 45 DCR 7353, 7373 (October 9, 1998).