SCDC POLICY/PROCEDURE

1.2  Annual Leave Carry-Over: Full-time employees are permitted to carry over from one (1) calendar year to the next any unused annual leave up to a total accumulation of 45 days (360 hours for 40 hour per week employees or 337.5 hours for 37.5 hour per week employees). Part-time employees are permitted to carry over the pro rata portion of the 45 days maximum of full-time employees.

1.3 Taking Annual Leave:

1.4.1  The maximum number of earned or accumulated working days of annual leave that may be taken in any one (1) calendar year will not exceed:

• For 37.5 hour per week employees (or 7.5 hour per day employees), 225 hours;

• For 40 hour per week employees (or 8 and 12-hour per day employees), 240 hours;

• For permanent part-time employees, the pro rata portion of the 30 day maximum is based on the 37.5 or 40 hour work schedule that is applicable to full-time employees on a five (5) days per work week schedule.

1.4.2  Effective January 1, 2004, an exception to maximum usage requirements may be requested by employees as follows:

• For FMLA qualifying reasons, an employee who has used all his/her eligible sick leave and 30 days annual leave may request to use any remaining annual leave for the following reasons:

• emergencies or serious health conditions of the employee; and

• emergencies or serious health conditions of the employee's immediate family.  (Immediate family is defined as spouse, parents, grandparents, brothers, sisters, children, grandchildren, and legal guardian of either the employee or the spouse.)

                   An employee may request that the State Human Resources Director review his/her  

                  denial of the use of annual leave as provided in this Section.

When possible, the employee should request and obtain approval in advance for such leave by completing SCDC Form 16-18, "Excess Annual Leave." An employee who has used all of his/her accumulated sick leave and his/her maximum number of annual leave hours may, with the prior approval of the Agency Director/designee, use annual leave credit s/he may have in excess of the maximum. Denial of the use of annual leave as provided in this paragraph will be grounds for review by the State Office of Human Resources upon request of the employee. Once an employee has reached, or exceeded the maximum amount of annual leave, the employee may not take additional annual leave for personal reasons (e.g., vacation) for the remainder of the calendar year. Any additional use of annual leave exceeding the 30 day limit must only be for the emergency areas listed above.

1.4.3  Any employee who exceeds the maximum usage without proper approval will be in violation of State Human Resources Regulations and Agency policy/procedure, and will be required to reimburse the Agency by cashier’s check or money order for hours taken. Notification will be made to employees upon verification of the calendar year report of employee leave usage. Upon reimbursement, any hours taken in excess of 1.4.1, above, will be reinstated to the employee as long as reinstated hours comply with Section 1.2, above.

1.4.4  On a monthly basis, the Division of Human Resources will provide a report to the appropriate Warden and/or appropriate Division Director - - Office of Budget and Resource Management, Operations, Programs and Services, and Health Services/Division Director of employees who have taken 160 hours or more (8 or 12 hour schedule) or 150 hours or more (7.5 hour schedule) of annual leave. Employees will also be notified on their leave statement of their leave usage. Employees failing to make appropriate arrangements for payback of excessive used annual leave will be referred to the Set Off Debt Collection Program.

1.6  Use of Annual Leave for Political Activity:  See SCDC Policy/Procedure ADM-11.07, "Employee Political Activity," for additional information on the use of annual leave for candidacy for political office, participation in polls, other political activity, and lobbying.

2.1.1 Sick leave will be accrued and granted to all permanent and probationary full-time and part-time employees who work at least one-half of the work days of the month on a 12 month basis.

2.1.2 No temporary employee, i.e., "pink slip," will accrue sick leave. Part-time employees may earn sick leave on a pro-rated basis based on their weekly work hours. Sick leave will be accrued by and granted to temporary grant employees if specified in their grant.

2.1.3  Employees working a 37.5 hour work week (7.5 hour per day employees) will accrue 9.38 hours per month. Employees working a 40-hour work week (8 or 12 hour per day employees) will receive ten (10) hours per month.

2.1.4  If an employee’s work hours change (as a result of a position change, etc.), his/her sick leave hours will be converted and adjusted to comply with his/her new work hour schedule.

2.1.5  Permanent, full-time employees are permitted to accrue a maximum of 195 days of sick leave (1,560 hours for 8 or 12 hour per day employees and 1,462.5 for 7.5 hour per day employees).

2.1.6  Earnings will be posted on the 17th of the month.

2.2  Sick Leave Carry-Over: No more than 180 days (1,440 hours for 8 or 12 hour per day employees and 1,350 hours for 7.5 hour per day employees) of sick leave may be carried over from one (1) calendar year to the next.

2.3  Taking Sick Leave:  An employee will be granted sick leave if absent for any of the following reasons:

2.4 Maximum Usage of Sick Leave:

2.5  Sick Leave Advances:

2.6  Termination, Resignation, and Retirement:

3. FUNERAL LEAVE:

3.1 An employee, upon request, shall be granted up to 24 consecutive work hours (for 8 or 12 hour per day employees) or 22.5 consecutive work hours (for 7.5 hour per day employees) of leave with pay upon the death of an employee’s immediate family member. (For purpose of funeral leave only, "immediate family" is defined as the spouse, grandparents, great grandparents, parents, brothers, sisters, children, grandchildren, and great grandchildren of either the employee or the spouse.) Effective August 16, 2004, immediate family member includes the spouse of brothers, spouse of sisters, and spouse of children of the employee and employee's spouse. (Amended by Change 1, dated August 27, 2004.)  For the purpose of common law marriage, the employee must provide a notarized statement confirming the common law marriage and spouse.

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3.2  An employee requesting funeral leave must complete and submit SCDC Form 16-2, "Leave and Attendance Report," to his/her immediate supervisor upon his/her return to work.

3.3  A note (obituary or funeral program) stating the name of the deceased and the employee’s relationship to the deceased should be attached to the Leave and Attendance form.

4. JURY DUTY LEAVE:

4.1 Any permanent or probationary employee who is summoned as a member of a jury panel will be granted time off with pay to serve as a member of a jury panel. Any jury fees and travel payment will be retained by the employee.

4.2 Employees summoned for jury duty will be expected to work on any given day only the number of hours that, when added to the hours required to be at court, equal the normal workday for the employee. Any day an employee is excused from service on a jury, the employee will be expected to return to the job if s/he is scheduled to work that day; otherwise, the time the employee is excused from court service will be charged as annual leave, holiday time, or compensatory time or, in the case of illness, as sick leave. (NOTE: Supervisors are cautioned to use common sense when requiring an employee to return to work for very short periods of time.)  If an employee is not scheduled to work, jury duty leave cannot be used for that day.

4.3 Any permanent or probationary employee subpoenaed as a witness will be granted time off with pay. If the employee will not receive any personal gain from the outcome of the litigation, the employee may retain any witness fee and payment for travel expenses.

4.4 Any employee taking jury duty time or subpoenaed as a witness must complete SCDC Form 16-42, "Leave of Absence/Overtime Request," in advance and provide a copy of the subpoena or jury duty summons to his/her supervisor and report any time taken on SCDC Form 16-2, "Leave and Attendance Report."  Afterward, the employee must provide documentation verifying the number of days served.

4.5  Any permanent or probationary employee subpoenaed in the line of duty to represent a state agency as a witness or defendant will be granted time off with pay. The employee’s appearance in such cases will be considered a part of his/her job assignment. The employee will be reimbursed according to SCDC Policy/Procedure ADM-15.04, "Travel Regulations for SCDC Employees," for any meals, lodging, and travel expenses that may be incurred while serving in this capacity, if applicable.

4.6 An employee summoned for duty on a holiday will be on jury duty the number of hours s/he is in court.  If the number of hours s/he is in court is less than their scheduled day of work, s/he should earn holiday compensatory time for hours worked or observe any remaining portion of the holiday not to exceed their scheduled day (7.5 or 8 hours).

4.7  In no case will time off with pay be granted for court attendance when an employee is engaged in personal litigation. An employee may, however, be granted annual leave with the approval of his/her supervisor, or leave without pay with the approval of the appropriate Warden/Division Director and the Division Director of Human Resources when annual leave is not available. (See Section 1., or 12., for additional information.)

5. ELECTION LEAVE:

5.1  An employee who lives at such distance from his/her assigned work location as to preclude voting outside of working hours may be authorized a maximum of two (2) hours of leave with pay for this purpose. An employee may not be granted election leave to work at the polls during an election. However, an employee may be granted annual leave or leave without pay to work at the polls.

5.2  An employee should request election leave by completing SCDC Form 16-42, "Leave of Absence/Overtime Request," in advance and submitting this form to his/her supervisor for approval. Hours taken must be reported on SCDC Form 16-2, "Leave and Attendance Report."

6.  DISASTER SERVICE LEAVE:

An employee who is certified as a disaster service volunteer for the American Red Cross may be entitled to receive paid leave each year of up to 120 hours for 8 or 12 hour employees and 112.5 hours for 7.5 hour employees when participating in specialized relief services.  The employee must provide a  verification of the disaster service volunteer service to his/her immediate supervisor.  The verification must come from the American Red Cross and must include the dates of service.

7. STATE APPROVED HOLIDAYS:  With the exception of temporary hourly paid employees, employees of the SCDC will be allowed to observe with pay the following state approved holidays:

*The Governor is empowered to declare Christmas Eve as a state holiday. If Christmas Eve is declared, notice will be made to all employees by the Division of Human Resources.

Permanent part-time employees will receive a pro-rated amount of holiday compensatory time commensurate with the hours actually worked, not to exceed their normal work day.  Employees working a Monday through Friday schedule will observe holidays that fall on Saturday on the preceding Friday. Holidays that fall on Sunday will be observed on the following Monday. All other employees will observe the holiday on the day on which it falls.

8.  HOLIDAY COMPENSATORY TIME:

8.1  In the event that an employee is required to work on a legal holiday, s/he will receive the total number of hours worked equal to his/her workday as holiday compensatory time not to exceed eight (8) hours.  This compensatory time must be taken within 90 days from the date earned, and must be approved by the immediate supervisor.  Any employee requesting holiday compensatory time must complete SCDC Form 16-42, "Leave of Absence/Overtime Request," in advance and provide this form to his/her immediate supervisor for approval. 

8.2 Employees whose regular days off fall on a legal holiday will be awarded holiday compensatory time based on their scheduled work hours not to exceed eight (8) hours.

8.3 For the purpose of holiday compensatory time/compensation, SCDC employees are classified into two (2) categories:

8.3.1 "Exempt" employees are those who occupy an executive, administrative, or professional position. "Exempt" employees must take holiday compensatory time within 90 days from the date earned or forfeit such time. In no case will an "exempt" employee be paid for holiday compensatory time.

8.3.2 "Non-exempt" employees who do not take holiday compensatory time within 90 days from the date earned will be paid for those hours at their regular hourly rate of pay upon verification that the holiday time was lost.

8.4 The Division of Human Resources will advise each Warden, Division Director, and the Director’s Staff of accrued holiday compensatory time and his/her employees’ 90 day status on the monthly Holiday Report.

8.5 Upon termination from employment, a "non-exempt" employee will be paid for any unused holiday time. An "exempt" employee will be required to forfeit any unused holiday/compensatory balance.

8.6 All hours worked on a state approved holiday will be counted as hours worked in determining eligibility for overtime compensation. A holiday observed by an employee and other types of leave taken will not be counted as hours worked for the purpose of computing overtime at the premium rate, but will apply toward accountable hours required for the 7 or 28-day cycle.

8.7 When a legal holiday falls during a period of sick leave, annual leave, overtime credit taken, or holiday time taken, the employee will not be charged with leave unless s/he works a 12-hour per day schedule, in which case leave up to four (4) hours may be charged.

8.8  Employees on leave without pay status will not receive credit for holidays falling during the period of leave without pay, to include any period of suspension.

8.9  When a holiday falls on a day that an employee who is on paid military leave would have been scheduled to work, that day will be counted as a day of military leave.  Compensatory leave will not be allowed.

9.1  Every employee of the SCDC who is a member of the United States Armed Forces Reserve, including the National Guard, will, upon presentation of a copy of his/her official military orders or appropriate military certification, be entitled to leave without loss of pay, time, or efficiency rating for a period not to exceed 120 work hours if on an 8 or 12 hour per day schedule or 112.5 work hours if on a 7.5 hour per day schedule based on the federal fiscal year beginning October 1 and ending September 30. Military leave with pay is for periods where the employee is engaged in annual field training or other active duty for training exercises ordered by the Governor or a Department of the Armed Forces.

9.2  Saturday, Sundays, and state holidays will not be included under the provisions of military leave with pay unless the particular Saturday, Sunday, or holiday is a regular work day for the employee.

9.3 In the event the employee is called upon to serve during an emergency, s/he will be entitled to a leave of absence with pay (call-up military leave) for a period not to exceed 240 additional hours for 8 or 12 hour per day employees, or not to exceed 225 additional hours for 7.5 hour per day employees.  An employee must provide orders or official documentation in advance of this period of absence.  In the event an employee is called to active duty as a result of "Operation Enduring Freedom," "Operation Noble Eagle," or in conjunction with hostilities in Iraq and has used 240 work hours (for 8 or 12 hour per day employees) or 225 work hours (for 7.5 hours per day employees) of call-up military leave as described above, s/he may receive call-up military leave each subsequent federal fiscal year upon presentation of military orders while the emergency continues.  (Amended by Change 1, dated August 27, 2004.)

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9.4  Employees requesting military leave with pay must complete SCDC Form 16-42, "Leave of Absence/Overtime Request," in advance and submit this form and a copy of his/her orders to their supervisor for approval.

9.5  Military leave taken must be reported on SCDC Form 16-2, "Leave and Attendance Report." A copy of the employee’s military orders must be stapled to the back of this form and submitted to the designated record keeper at the end of the appropriate leave period.

10. MILITARY LEAVE WITHOUT PAY:

10.1 An employee requesting military leave without pay must complete SCDC Form 16-57, "Leave of Absence Request Without Pay," in advance and submit this form to his/her immediate supervisor for approval. The employee must staple a copy of his/her military orders to this form. (NOTE: Military leave without pay does not apply to employees on short-term military training. For procedures regarding short-term military training, see Section 9., above.)

10.2  Upon approval by his/her supervisor, the request will be forwarded to the appropriate Warden/Division Director for final approval. The completed form will then be filed and maintained in the employee’s leave file.

10.3  All military leave without pay taken must be reported on SCDC Form 16-2, "Leave and Attendance Report." In addition, the supervisor must complete SCDC Form 16-5, "Personnel Advice Form," and submit this to the Payroll Branch, Division of Human Resources, for removal from the payroll.

11. HAZARDOUS WEATHER AND EMERGENCY LEAVE:

11.1  Declaration of Emergency: The Governor has the sole authority to excuse employees of state government from reporting to work during extreme weather or other emergency conditions. The Governor will issue a Declaration of Emergency stating that, because of extreme weather or other specified emergency conditions, employees should not report to work or should report at a specified time. (NOTE: Section 19-712.01 of the State Office of Human Resources Manual does not preclude the necessary, immediate evacuation of a facility by an individual in a supervisory capacity in the interest of personal safety.) A Declaration of Emergency may be applicable to employees in the entire state, or only to those employees in specific geographical region(s) of the state. All state government employees are expected to report to work unless the Governor has issued a Declaration of Emergency. (See also Section 11.2, below, for information concerning the applicability of the Declaration of Emergency to all employees.)

11.2. Non-Essential and Essential Employees:  Due to the fact that the SCDC is a 24-hour, seven (7) day per week operation, all Wardens, Division Directors, and other appropriate managers must identify employees in essential positions by classification or internal title and post a list of names or positions and titles in a conspicuous place on a permanent basis. This list must be reviewed and updated at least annually.  During a declared emergency, all essential employees will be required to report to work. Any employee classified in a non-essential position who lives or works within the specified region(s) to which the declared emergency applies will not be expected to report to work.

11.3 Time of Declaration:

11.3.1 During Normal Working Hours:  A designee of the State Office of Human Resources will notify Agency representatives of any Declaration of Emergency. These representatives consist of the following positions:

• Agency Director (Primary)

• Chief of Staff (Alternate)

• Director - - Office of Budget and Resource Management (Alternate)

• Division Director of Human Resources.

The Primary or Alternate representatives will ensure the expeditious dissemination of such a message to all Agency offices located in the affected areas.  The Governor’s Office will be responsible for issuing statements to the news media concerning the release of state employees due to the emergency. When conflicts exist regarding news media information and SCDC directives, employees should contact their immediate supervisor, their Warden/Division Director, or other appropriate manager, to resolve the conflict.  The Office of the Governor will advise the State Office of Human Resources when the Primary or Alternate representatives are changed, using a form provided by the Office of Human Resources.

11.3.2 Declarations During Off Duty Hours: Between the hours of 5:00 p.m. and 8:00 a.m., the news media will be the source of all Declarations of Emergency as announced by the Governor’s Office. The news media sources will be the method by which employees are alerted to the existence of an emergency. Employees will assume an individual responsibility to respond in an appropriate manner to closings as they are announced. Should an employee need additional information or clarification regarding a declared emergency, s/he should contact the designated essential employee(s) at his/her work location.

12. LEAVE WITHOUT PAY FOR EXTREME SERIOUS ILLNESS OF EMPLOYEE'S FAMILY OR OTHER HARDSHIP SITUATIONS:

12.1  An employee may request leave without pay using SCDC Form 16-57, "Leave of Absence Request Without Pay." Approvals will be granted for the extreme serious illness of the employee’s or spouse's immediate family or for other employee hardship situations only. (For purposes of leave without pay, "immediate family member" is defined as the spouse and grandparents, parents, brothers, sisters, children, and grandchildren of either the employee or the employee’s spouse.)

12.2  Leave without pay will be considered only when an employee has exhausted all accrued holiday compensatory time and overtime. If requesting for an immediate family member, the employee must use the maximum of relative sick leave before going on leave without pay.

12.3  Requests for leave without pay may be approved for no more than 20 work days (160 hours for 8 or 12 hour per day employees and 150 hours for 7.5 hour per day employees) within a calendar year. This provision does not apply to an employee’s extended illness covered under Agency sick leave procedures (see Section 2, above).  However, a probationary employee will be limited to a maximum of 80 hours for 8 or 12 hour employees and 75 hours for 7.5 hour employees.

12.4  All requests for leave without pay must be submitted on SCDC Form 16-57, "Leave of Absence Request Without Pay." In addition, a memorandum from the requesting employee must include the following information:

• the reason for request;

• the specific dates of absence from work;

• signature of the requesting employee;

• signature of the employee’s immediate supervisor and the appropriate approving authorities as described in Sections 12.5 through 12.5.3, below.

12.5 Approving Authorities for Leave Without Pay:

12.6  Upon appropriate approval, a copy of the SCDC Form 16-57 will be returned to the employee and his/her supervisor by the Division of Human Resources. The supervisor will ensure that SCDC Form 16-5, "Personnel Advice Form," is properly completed and submitted to the Payroll Branch, Division of Human Resources, in order to place the employee on leave without pay status.

12.7  Any leave without pay taken without the approvals noted in Section 12.5.1 through 12.5.3, above, may be considered an unauthorized absence and appropriate corrective action may be taken against both the employee and the employee’s supervisor.

12.8  Employees should reference Section 2., (Sick Leave), above, and Section 15., (Family Medical Leave Act - FMLA), below, for additional provisions for leave without pay.

13.1 Eligibility to Donate: Employees may donate accrued annual and sick leave to the Agency’s Annual and Sick Leave Transfer Pools as provided below. Any employee desiring to donate to the Agency’s sick and/or annual leave pool must do so prior to December 15th of each calendar year.

13.1.1  Annual Leave: An employee may voluntarily donate annual leave to the Agency’s Annual Leave Pool not to exceed one-half of his/her calendar year accruals by completing SCDC Form 16-102, "Leave Transfer/Donation Request." The donation request may be submitted to the institutional Human Resources Manager/Liaison who must forward it to the Division of Human Resources for processing.

13.1.2 Sick Leave: An employee with more than a balance of 15 days accrued sick leave (120 hours for 8 or 12 hour per day employees, and 112.5 hours for 7.5 hour per day employees) may voluntarily donate sick leave to the Agency’s Sick Leave Pool not to exceed one-half of the calendar year accruals by completing SCDC Form 16-102, "Leave Transfer/Donation Request Form." The donation request may be submitted to the institutional Human Resources Manager/Liaison who must forward it to the Division of Human Resources for processing. Employees donating sick leave must, however, retain a minimum balance of 15 sick leave days in their account (120 hours for 8 or 12 hour per day employees, and 112.5 hours for 7.5 hour per day employees) except when the employee is terminating employment, in which case s/he can donate the entire balance.

14.  REQUESTS FOR ANNUAL/SICK LEAVE FROM THE AGENCY LEAVE TRANSFER POOL:

14.1  Requests to be a Recipient of Sick Leave:  To receive sick leave  from the agency leave transfer pool, an employee must meet the following minimum criteria:  

14.1.1  Must have at least twelve months of continuous service in South Carolina government;

14.1.2  Must have exhausted all eligible sick and annual leave;

14.1.3  Must be projected to be on leave without pay a minimum of 240 consecutive work hours for employees assigned to an 8 or 12 hour day schedule or 225 consecutive work hours for employees assigned to a 7.5 hour day schedule;

14.1.4  Must provide a doctor's statement providing the diagnosis, prognosis, projected length of the disability/medical condition, if the medical condition is life threatening, catastrophic, and debilitating, and whether the employee is in a state of recovery (NOTE:  An employee must not be in a state of recovery from illness, childbirth, complications of childbirth or surgery of any kind);

14.1.5 Must complete SCDC Form 16-103, "Recipient Leave Request Form,"   with  approvals  of  the appropriate Warden, Division Director, or appropriate member of the Director's staff; and

14.1.6  Must not be eligible for other available benefits, i.e. Worker's Compensation, long term disability.  (NOTE:  See Section 14.4 for additional approval criteria.) 

14.2  Requests to be a Recipient of Annual Leave:  To receive annual leave from the agency leave transfer pool, an employee must meet the following minimum criteria: 

14.2.1   Must provide evidence of a recent and specific severe family crisis and extreme hardship circumstances with dire financial consequences;

14.2.2  Must provide evidence that the employee is the primary care provider if the severe family crisis is for the employee to care for an immediate family member;

14.2.3  Must provide detailed documentation of financial hardship, to include information on all debts, monthly payments, balances, status of payments and net cash flow after all expenses;

14.2.4  Must have at least twelve months of continuous service in South Carolina state government;

14.2.5  Must have exhausted all annual leave;

14.2.6  Must have exhausted relative sick leave if requesting annual leave to care for an immediate family member;

14.2.7  Must be projected to be on leave without pay a minimum of 240 consecutive work hours for employees assigned to an 8 or 12 hour day schedule or 225 consecutive work hours for employees assigned to a 7.5 hour day schedule;

14.2.8  If requesting annual leave to care for an immediate family member, must provide a doctor's statement providing the diagnosis, prognosis, projected length of the disability/medical condition, if the medical condition is life threatening, catastrophic, and debilitating, and whether the family member is in a state of recovery;  (Immediate family is defined as spouse, and parents, grandparents, great grandparents, brothers, sisters, children, grandchildren, and great grandchildren of the employee or spouse.)

14.2.9  Must complete SCDC Form 16-103, "Recipient Leave Request Form," with approvals of the appropriate Warden, Division Director, or appropriate member of the Director's staff;

14.2.10  Must not be eligible for other benefits, i.e., Worker's Compensation, long term disability (See Section 14.4 for additional approval criteria.); 

Note:  An employee not meeting the criteria for sick leave will not be eligible to be a recipient for annual leave.

Requests must be submitted to the Division of Human Resources who will review documentation provided and notify the employee and appropriate Warden, Division Director, or appropriate member of the Director's staff of approval/disapproval.  Any medical documentation submitted will be maintained as confidential information pursuant to SCDC Policy/Procedure ADM-11.29, "Employee Record Maintenance and Confidentiality of Information."

14.3  There is no limit to the number of requests an employee may submit for sick or annual leave transfer.  Each leave transfer request will be limited to a maximum of 240 hours for 8/12 hour employees and 225 for 7.5 hour employees.  The Division Director of Human Resources or designee will ensure that sufficient agency leave balances exist.  

14.4  In addition to the above requirements, the Division Director of Human Resources/designee will also review the employee's request for sick or annual leave transfer for the following:

• Previous leave usage to determine possible excessive use or abuse of leave benefits;

• Previous corrective action taken against the employee (previous employment history may be reviewed for indications that the employee has experienced attendance related problems); and

• Immediate supervisor's recommendation as to the impact on morale and efficiency of the work place if the request is approved.

14.5  Once the eligibility of a leave recipient has been approved, the Division of Human Resources will transfer the approved hours of annual and/or sick leave to the leave recipient. The Division Director of Human Resources or designee will notify the requesting employee and the appropriate Warden, or Division Director, or appropriate member of the Director's staff of the approval/disapproval.

14.6  Administrative or Judicial Appeal: The selection of leave transfer recipients for review and approval is not subject to administrative or judicial appeal.

14.7  Use of Leave Transferred from Pool:  Upon approval of a request, an employee may use annual or sick leave from the appropriate pool account in the same manner as if the employee had accrued the leave. Leave approved and used under the Leave Transfer Program must be reported by the employee on SCDC Form 16-2, "Leave and Attendance Report."  Annual or sick leave transferred under this program may be substituted retroactively for periods of leave without pay or used to liquidate an indebtedness for advanced sick leave.  Annual or sick leave that accrues to the account of the leave recipient must be exhausted before using any leave from a leave transfer pool.

14.8 Termination of Emergency:  The personal emergency affecting a leave recipient terminates when the Agency is notified in writing that the personal emergency no longer exists, the employee is approved for other benefits, or the leave recipient employee dies.  The leave recipient will advise his/her immediate supervisor every 30 days of the status of the personal emergency and will be required to re-request and provide updated medical statements if s/he is out for an extended period. Should the emergency cease to exist, the leave recipient will be required to report the change immediately to his/her supervisor for instructions on returning to work. The Human Resources Manager or Record keeper must notify the Division of Human Resources in writing of the effective date the emergency terminated and when the employee should be returned to leave without pay status or will return to work. Upon termination of an emergency, no further requests for transfer of leave to the leave recipient’s leave account may be made, and any transferred annual or sick leave remaining to the credit of the leave recipient will be restored to the appropriate pool account by the Division of Human Resources.

14.9  Termination of Employment: Any unused annual or sick leave that was transferred from a pool account to a leave recipient who is terminated from employment will be restored to the appropriate pool account by the Division of Human Resources. Transferred leave from a pool account will not be transferred to another employee, nor be included in a lump-sum payment for accrued leave, nor be included in the leave recipient’s total service for retirement computation purposes

14.10  Employees should also refer to Section 12., above, for requests that are personal in nature and less than 20 days in duration, or Section 15., (Family and Medical Leave), below, for additional information.

15.1  Definitions: The definitions listed below are only applicable to the following Family and Medical Leave Act (FMLA) procedures:

Eligible Employees refer to employees who have been employed in continuous state service for at least 12 months and who have worked at least 1,250 hours during the previous 12 months. Such employees may request leave without pay under the Family and Medical Leave Act (FMLA) due to a serious health condition of an immediate family member or the birth, adoption, or care of a child. If both parents work for the state and leave is requested to care for a child, only one (1) employee may use the 12 weeks, or the weeks may be divided between the two (2) employees.

Immediate Family Member refers to biological parents; individuals who are legal guardians; biological, adopted, foster, and step children; children over whom the employee has legal guardianship; children less than 18 years of age, or more than 18 years of age and incapable of self-care because of a mental or physical disability; and spouse.

Spouse refers to a husband or wife as defined or recognized under state law for purpose of marriage, including common law marriages where such are recognized by state law.

Son or Daughter refers to a biological, adopted, or foster child; a step child; a legal ward; or a child of a person standing in loco parentis, who is:

• under the age of 18; or

• 18 years of age or older and incapable of self care because of a mental or physical disability.

Parent refers to a biological mother or father or an individual who stands or stood in loco parentis to the employee when the employee was a son or daughter (does not include parents-in-law).

Serious Health Condition refers to an illness, an injury, an impairment, or a physical or mental condition that involves:

• any period of incapacity or treatment in connection with or consequent to inpatient care in a hospital, hospice, or residential medical care facility; or

• any period of incapacity requiring absence from work, school, or other regular daily activities of more than three (3) calendar days that also involves continuing treatment by (or under the supervision of) a health care provider; or

• continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three (3) calendar days; or

• prenatal care.

15.2   Use of FMLA Leave: An eligible employee may request and be approved, for up to a total of 12 weeks of FMLA leave per calendar year, for any of the following reasons:

15.2.1  For the birth of a son or daughter and to care for that child*;

15.2.2  For placement of a son or daughter through adoption or foster care with the employee*;

15.2.3  To care for the employee’s spouse, son, daughter, or parent with a serious health condition; and

15.2.4  For a serious health condition that makes the employee unable to perform the functions of the employee’s job.

*NOTE: Eligibility for reasons 15.2.1 and 15.2.2, above, expires 12 months after the date of the birth or placement.

15.3 Paid and/or Unpaid Leave: Family Medical Leave may be for periods of absence that are paid or unpaid. Generally, FMLA leave is unpaid; however,

15.3.1 Eligible employees can use their accrued sick leave for FMLA leave when the FMLA leave request qualifies for sick leave usage.  (NOTE:  The necessity of a physician's excuse for more than six (6) weeks of such leave applies to sick leave requirements only and not to FMLA leave requirements.)

15.3.2 An eligible employee may elect to substitute accrued annual leave for FMLA leave.

15.3.3 The FMLA leave will run concurrently with any paid leave or unpaid leave and the leave should be charged against both leave category allowances.

15.4  Notification Procedures:

15.4.1 When an employee has knowledge of an illness or pregnancy, s/he should request FMLA through his/her immediate supervisor at least 30 days in advance. Should an emergency occur, an employee should request Family Medical Leave immediately.  Supervisors  do  not  have  approval/disapproval  authority for  FMLA.  Supervisors may not interfere with, restrain, or deny any rights provided by FMLA.  The Division of Human Resources, Benefits and Leave Branch, will notify the responsible Warden or Division Director in writing immediately upon receipt of an FMLA request.  If the employee is in the category of dual supervision, then both the Warden and the Division Director will be notified.

15.4.2 When a supervisor is notified of an employee illness, employee pregnancy, or eligible family member illness, s/he will notify the appropriate Human Resources Manager or the Division of Human Resources, Benefits Branch. The supervisor will ensure that the employee reports to the Human Resources Manager or to the Division of Human Resources, Benefits Branch. The Human Resources Manager or the Division of Human Resources, Benefits Branch will provide information to the employee that explains the FMLA benefit and application procedures. An employee who fails to apply for FMLA in a timely manner and who has been notified of the FMLA benefit may have their request delayed. 

15.5 Application Procedures for FMLA:  Employees should use the following procedures and forms when requesting Family Medical Leave:

15.5.1  Personal Illness:  For the personal illness of an employee, completion of SCDC Form 16-48 (side II), "Employee Request," with a doctor’s statement indicating diagnosis and prognosis and the dates the employee will be released from the physician and be able to return to work, is required. When employees utilize FMLA for personal illness, they must exhaust their accrued sick leave before going on leave without pay. Absences due to pregnancy or chronic serious health conditions (asthma, diabetes, epilepsy, etc.) may qualify even if the employee does not receive treatment from a health care provider and even if the absence does not last more than three (3) days. Routine physical, eye, or dental examinations do not qualify for FMLA.

15.5.2 Adoption of a Child: For the adoption of a child, completion of SCDC Form 16-49, "Notification - Child Birth/Adoption/Foster Care," is required. For adoption of a child (employee must be the primary care provider), the first six (6) weeks may be taken as sick leave if accrued. Once the six (6) weeks have expired, the employee has the option of requesting annual leave or going on leave without pay without additional physician authorization/statement. The six (6) weeks of sick leave will be concurrent with the 12 weeks of FMLA. Paid leave taken will be counted toward the 12 week FMLA period.

15.5.3  Birth of a Child: For the birth of a child, completion of SCDC Form 16-49, "Notification - Child Birth/Adoption/Foster Care," must be completed. For giving birth, a maximum of six (6) weeks of sick leave may be taken by an employee, unless additional sick leave is authorized in writing by the employee’s physician. In these cases, an employee will be authorized to use additional accrued sick leave over and above six (6) weeks. Once the employee’s authorized sick leave has been exhausted, the employee has the option of taking accrued annual leave or leave without pay. The six (6) weeks of sick leave will be concurrent with the 12 weeks of FMLA. Paid leave taken will be counted toward the 12 week FMLA period.  A doctor's statement is not required for the birth of a child except as follows:  

• Upon the supervisor's request which must be within two work days of the employee giving notice of FMLA or, in the case of unforeseen leave, within two work days after the leave commences;

• When the concurrent use of sick leave during the FMLA absence exceeds six weeks;

• When the employee must begin FMLA leave well before the birth of the child because of complications.

15.5.4  Serious Illness of Family Members:  For the serious illness of an immediate family member, completion of SCDC Form 16-48 (side I), "Family Member Request," with a doctor’s statement indicating diagnosis, prognosis, and the date the immediate family member will be released to return to work is required from the attending physician. When employees request FMLA leave for an immediate family member, they should use the maximum of 80 hours of relative sick leave for 8 or 12 hour employees, and 75 hours of relative sick leave for 7.5 hour employees. Once they have used the maximum of relative sick leave, they may request annual leave for use under the FMLA, or go on leave without pay. An employee request for FMLA leave to care for the employee’s seriously ill spouse, son, daughter, or parent, or due to the employee’s own serious health condition, must be supported by certification issued by the health care provider.

15.6  Payment of State Group Insurance:  When an employee exhausts all paid leave and has requested leave without pay, and is approved for family medical leave, the employee will not be responsible for the employer's portion of his/her state group insurance (health and dental) for any full calendar month of leave without pay.

15.7  Approval of FMLA:   Once requested and the supervisor and Warden/Division Director are notified, the appropriate FMLA form should be forwarded to the Benefits and Leave Branch, Division of Human Resources. Once the Division of Human Resources has determined that the leave being taken qualifies as FMLA, the request will be approved and declared as FMLA Leave. The Division of Human Resources will then notify the employee in writing, his/her supervisor, and the appropriate Warden or Division Director of the approval within five (5) working days.

15.8  Reporting FMLA:  All leave taken due to FMLA (annual leave, sick leave, or leave without pay) must be reported on SCDC Form 16-2, " Leave and Attendance Report," for the actual time away from the job. 

15.9  Delay of Approval for FMLA:   The Agency, at its discretion, may delay FMLA if the employee fails to request FMLA within a reasonable time frame and there is no satisfactory excuse for not requesting FMLA within a reasonable period. The use of FMLA will be subject to verification.

16.1  Administrative leave with pay, commonly referred to as Inmate Assault Leave, will be used for inmate assaults and may not exceed 180 calendar days. In the event the disability would exceed the 180 days, the employee may elect to use his/her sick or annual leave, receive workers’ compensation lost time benefits, or a combination of workers’ compensation and a prorated amount of sick or annual leave. The employee must designate his/her choice by completing SCDC Form 16-39, "Election Statement." This election must be made by the injured employee as soon as possible after the employee’s injuries result in lost time for more than the day of the accident.

16.2  Temporary, contract, and other non-full-time employees will not be eligible for administrative leave with pay but may have benefits available from the State Accident Fund, depending on the length of disability.

16.3  The Workers’ Compensation Coordinator or designee of the Division of Human Resources must approve the use of inmate assault leave with pay in advance before an employee may be placed on such leave.

16.4  Any employee physically assaulted by an inmate should, if physically able, notify his/her supervisor immediately. (For clarification, inmate assault, for the purpose of this policy/procedure, refers to the actual assault of an employee by an inmate as a result of direct physical contact or a traumatic event.)  Notification of injury may be made by another employee or supervisor, should the employee not be physically able; however, such notification must be made before the employee leaves the job assignment whenever possible.

16.5  The immediate supervisor and the involved employee must immediately complete the appropriate SCDC injury reports, as required in SCDC Policy/Procedure ADM-16.03, "Occupational Safety and Health," and forward them directly to the institution/work site Workers’ Compensation contact person. These forms will then be forwarded to the Workers’ Compensation Section within 24 hours of the injury.

16.6  The Division Director/Warden or designee will contact the Workers’ Compensation Section giving the information necessary to authorize the use of inmate assault leave. This initial authorization may be granted verbally, but in all cases, a Management Information Note (MIN) must be forwarded to the Workers Compensation Section to substantiate the use of inmate assault leave.

16.7  An employee on inmate assault leave must keep his/her supervisor informed of his/her medical condition. The employee must obtain a medical report from the authorized treating physician explaining the nature of the disability and a prognosis of when the employee should be able to return to work. These reports should be updated upon each visit to the physician and submitted to his/her supervisor. Supervisors will submit copies of all reports to the institution/worksite Workers’ Compensation contact person, who will forward them to the Workers’ Compensation Section.

16.8  All inmate assault leave taken will be properly recorded on SCDC Form 16-2, "Leave and Attendance Report," in the categories of "Inmate Assault Leave Taken" and "Lost Time for On-The-Job Injury."

16.9 An employee who is on inmate assault leave on a holiday which falls on a scheduled work day will observe the holiday.  Employees who are scheduled to work more than 7.5 or 8 hours a day will be on inmate assault leave for the remaining required hours.

16.10  Final approval of acceptance of the injury claim will be determined by the State Accident Fund.

17. EDUCATIONAL LEAVE: Employees are encouraged to schedule classes during off-duty hours, whenever possible. When a desired class cannot be scheduled during off-duty hours, the Agency may elect to adjust the employee’s work schedule if doing so will not interfere with the normal efficient operations of the Agency. When a desired class cannot be scheduled during off-duty hours and it is not feasible to adjust the work schedule, full-time employees in permanent positions may be allowed to take annual leave or may be granted leave without pay in order to attend classes.  (NOTE:  See SCDC Policy/Procedure ADM-11.14, "Employee Participation in Academic Courses," for additional information.)

18.  DISCREPANCIES IN LEAVE REPORT: Any discrepancies/errors detected by an employee in his/her annual leave must be directed (via memorandum, telephone, or corrected copy of the SCDC Form 16-2) to his/her designated Human Resources Manager/liaison or to the Division of Human Resources. Upon confirmation, the error will be documented by the responsible Human Resources Manager on SCDC Form 16-117, "Request for Leave Adjustment," and corrected in the leave system.

19.  DEFINITIONS:  The following definitions are applicable throughout this policy/procedure. Please note, however, that other definitions pertinent only to specific sections of this policy/procedure are included throughout the text of the same.

Annual Leave refers to time accrued and granted to full-time and part-time employees for personal use. (Refer to Section 19-709 of the State Human Resources Regulations for additional information.)

Election Leave refers to a maximum of two (2) hours leave with pay provided for employees occupying permanent positions within the SCDC living at such distance from their work location that it would preclude voting outside of working hours.

Family and Medical Leave Act (FMLA) refers to a federally mandated regulation which allows eligible state employees who are experiencing a serious health condition or the birth or adoption of a child, or who must care for a spouse or immediate family member with a serious health condition, 12 weeks of leave with or without pay every calendar year under certain qualifying conditions without loss of their employment. The 12 weeks may be taken in intervals, which means in blocks of time, or by reducing an employee’s weekly or daily work schedule.

Full Time refers to a position appropriated by the General Assembly with work hours of 37.5 or more per week.

Funeral Leave refers to leave with pay provided to employees who have a death in their immediate family as defined in this policy/procedure. (See Section 19-712.01, State Human Resources Regulations, for additional information.)

Hazardous Weather and Emergency Leave refers to time allowed SCDC employees occupying non-essential positions to be absent or report to work late in the event of hazardous weather or emergency conditions that would expose state employees to harmful or unsafe conditions. Hazardous weather and emergency leave must be declared by the Governor.

Jury Duty Leave refers to leave with pay provided to SCDC employees who are called upon to serve as jurors or witnesses in court cases. (See Section 19-712.01 of the State Human Resources Regulations for additional information.)

Leave for Disability Resulting from Physical Assault refers to administrative leave with pay, commonly referred to as Inmate Assault Leave, provided to any probationary or permanent full-time employee who is temporarily disabled as a result of an actual physical assault by an inmate in the line of duty.

Military Leave With Pay refers to paid leave for the purpose of short-term military training for those employees who are members of the United States Armed Forces Reserves, including the National Guard.

Military Leave Without Pay refers to leave without pay granted to every employee who has enlisted in, been selected for, or been commissioned for service in the Armed Forces of the United States beginning with the date of induction and ending 90 calendar days after date of separation (but for a period of no greater than five [5] years ) from military service while being entitled to retain all seniority and efficiency and register rating.

Part Time refers to a position appropriated by the General Assembly with work hours of less than 37.5 hours per week.

Sick Leave refers to time accrued and granted to full-time and part-time employees (who are in permanent pay status and are scheduled to work at least one-half of the work days of the month on a 12 month basis) for personal or relative illness. (See Section 19-710 of the State Human Resources Regulations for additional information.)

Temporary Employee refers to a full-time or part-time employee who does not occupy a full-time equivalent (FTE) position, or whose employment is not to exceed one (1) year and who is not a permanent employee.

Temporary Grant Employee refers to a full-time or part-time employee who does not occupy a full-time equivalent (FTE) position and whose employment and benefits are contingent upon the stipulations specified in the grant.

SIGNATURE ON FILE

 s/Jon E. Ozmint, Director

ORIGINAL SIGNED COPY MAINTAINED IN THE DIVISION OF POLICY DEVELOPMENT.

• Change 1 to ADM-11.08  re:  Immediate family member & military leave