Section 389-11-3 - LEAVES OF ABSENCE WITHOUT PAYA.Personal LeavePermanent employees may be allowed to be absent from duty without pay for a period not exceeding a total of twelve months in any fourteen consecutive months on the basis of applications for leave without pay approved by their respective appointing authorities and the Director of Human Resources under the following conditions:
1. Such leave shall be granted only when it will not result in undue prejudice to the interests of the state as an employer beyond any benefits to be realized. An application for leave of absence for military school, travel or study calculated to equip the employee to render more effective service to the state may be deemed to involve such compensating benefits to be measured against the loss or prejudice to the interests of the state involved in keeping open the position or filling it temporarily until the return of the employee.2. No such leave shall be granted primarily in the interests of the employee, except in the case of an employee who is shown by record of service ratings or by other evidence, to be of more than average value to the state, whose services it is desirable to retain, even at some sacrifice.3. The Director of Human Resources shall refuse to approve any proposed leave without pay which is judged to be contrary to the best interest of the state.B.Sick Leave Without PayUpon application of a probationary or permanent employee, a leave of absence without pay may be granted by an appointing authority for the entire period of disability because of sickness or injury. Such leave need not be limited to one year, but the appointing authority or the Director of Human Resources from time to time, may require that the employee submit a certificate from the attending physician or from a designated physician. In event of a failure or refusal to supply such certificate or if the certificate does not clearly show sufficient disability to preclude the employee from the performance of his/her duties, the appointing authority, with the approval of the Director, may cancel such sick leave and require the employee to report for duty on a specified date.
C.Leaves to the Unclassified Service1. Upon approval of the Director of Human Resources, an appointing authority may grant a leave of absence without pay to a permanent or probationary employee in the classified service to permit the employee to accept an appointive position in the unclassified service. Such leaves may be continued during the period of service in the unclassified service position; and the employee shall be restored to the status and position held at the time of the grant of leave of absence, within one year of the date of termination of the unclassified service employment, upon written application to the Director. NOTE: Under provisions of 5 MRSA, Chapter 71, Sub-§2, employees in permanent status in the classified service who accept an appointment to a major policy-influencing position shall have the right, for twelve (12) months subsequent to the major policy-influencing appointment, to be restored to the classified position held immediately prior to the major policy appointment or a position equivalent thereto. Such return will not result in a loss of Civil Service status, seniority, retirement or other rights to which uninterrupted service in the classified position would have provided.
2. Officers and employees in the unclassified service who resigned from positions in the classified service in which they had permanent status, to accept unclassified appointment, prior to the effective date of these rules may be granted reemployment rights on eligible registers for the same or similar classes of employment previously held, provided application is made to the Director of Human Resources within one year of the termination of unclassified appointment.18- 389 C.M.R. ch. 11, § 3