Sec. 5-247. Sick leave. Credit on reemployment. Collection of benefits while otherwise employed on full-time basis prohibited.
Sec. 5-247. Sick leave. Credit on reemployment. Collection of benefits while
otherwise employed on full-time basis prohibited. (a) Each appointing authority shall
grant, on account of illness or injury, to each full-time employee in a permanent position
in the state service who has furnished satisfactory proof of such illness or injury, such
sick leave with pay as has accrued to his credit at the rate of one and one-quarter working
days for each completed calendar month of continuous full-time service which may be
computed on an hourly basis. Hourly computation of sick leave shall not diminish benefit
entitlement. On or before October 1, 1980, the Commissioner of Administrative Services
shall adopt regulations, in accordance with chapter 54, concerning the accrual, prorating
and granting of sick leave with pay to other employees in the state service and extending
sick leave with pay or with part pay for longer periods to full-time permanent employees
disabled through illness or injury. Each such employee who retires under the provisions
of chapter 66 shall be compensated, effective as of the date of his retirement, at the rate
of one-fourth of such employee's salary for sick leave accrued to his credit as of his last
day on the active payroll up to a maximum payment equivalent to sixty days' pay.
Such payment for accumulated sick leave shall not be included in computing retirement
income and shall be charged by the State Comptroller to the department, agency or
institution in which the employee worked.
(b) Any state employee who resigns from state service in good standing and who
is reemployed within one year from the date of his resignation shall be credited with
the amount of sick leave accrued to his credit on the effective date of his resignation.
(c) Sick leave accruals earned by employees in the unclassified service, in accordance with administrative practice or internal departmental regulations similar to those
governing the classified service, prior to June 30, 1967, and which can be verified by
written attendance records and which have not been used, remain to the credit of such
employees for use for the purpose for which they were granted or for payment on retirement, as provided in subsection (a) of this section, as the case may be.
(d) Any state employee who is collecting sick leave benefits under the provisions
of this section shall not be otherwise employed on a full-time basis during the sick leave
period. Sick leave benefits shall be denied for any day, during such period, on which
any such employee performs full-time employment for another employer. The Commissioner of Administrative Services shall adopt regulations, in accordance with the procedures of chapter 54, to enforce the requirements of this subsection.
(1967, P.A. 657, S. 55; 1969, P.A. 658, S. 15; P.A. 73-462, S. 1, 3; P.A. 74-217, S. 1, 4; P.A. 77-614, S. 67, 610; P.A.
79-529, S. 1; 79-621, S. 18, 24; P.A. 80-57, S. 1; 80-342, S. 1, 2; 80-483, S. 157, 186; P.A. 82-442, S. 1; P.A. 83-9; P.A.
96-168, S. 17, 34; P.A. 07-217, S. 12.)
History: 1969 act removed 120-day limit on sick leave accrual but limited payments based on sick leave accrual at
retirement to maximum of 60 days' pay and added Subsec. (c) re sick leave accrual by unclassified employees; P.A. 73-462 replaced "regulations ... prior to June 30, 1967" with reference to departmental policy included in terms of employment
prior to July 1, 1972, in Subsec. (c); P.A. 74-217 restored language of 1969 act, thereby voiding 1973 amendment provided
records of accruals can be verified; P.A. 77-614 replaced personnel policy board with commissioner of administrative
services; P.A. 79-529 excluded sick leave payments from wages subject to social security contributions; P.A. 79-621
replaced day basis for computation of sick leave with hourly basis provided benefit entitlement not diminished; P.A. 80-57 added reference to payments upon retirement equivalent to 60 days of sick leave in Subsec. (a); P.A. 80-342 amended
Subsec. (a) to require that regulations be in accordance with chapter 54 on or after October 1, 1980; P.A. 80-483 made
technical changes; P.A. 82-442 added Subsec. (d) to preclude state employees who are receiving sick pay from working
another full-time job during the sick leave period; P.A. 83-9 amended Subsec. (a) to remove the provisions which had
excluded sick leave payments from wages for which social security contributions are made, in accordance with changes
in federal requirements; P.A. 96-168 amended Subsec. (a) to make technical change eliminating reference to 420 hours
of maximum payment for sick leave, effective July 1, 1996; P.A. 07-217 made a technical change in Subsec. (c), effective
July 12, 2007.
Subsec. (a):
Cited. 179 C. 184. Hourly calculation of sick leave authorized by this section may not operate to reduce the total number
of days of sick leave that an employee has earned and consequently plaintiffs were entitled to the number of days of sick
leave previously earned, despite an increase in the number of hours in their standard work day. 249 C. 693.