97 Neb. Admin. Code, ch. 2, § 007

Current through September 17, 2024

Section 97-2-007 - EMPLOYEE ABSENCES

007.01 Types of Leave

The following types of leave are established and shall apply to all employees covered by these rules and regulations:

007.01A Paid Holidays

007.01B Vacation Leave

007.01C Sick Leave

007.01D Injury Leave

007.01E Military Leave

007.01F Civil Leave

007.01G Leave of Absence

007.01H Funeral Leave

007.01I Administrative Leave

007.02 Records to be Maintained

007.02A The Executive Secretary shall maintain a record of each employee accounting for time worked and all absences from work. The record shall include a compilation of (a) vacation leave earned, used and unused; and (b) sick leave earned, used and unused. Such records shall be maintained in the manner prescribed by the Executive Secretary and shall be documentary evidence to support and justify authorized absence from work with or without pay.

007.03 Paid Holidays

007.03A The following, and days declared by law or proclamation of the President or Governor, shall be paid holidays for all employees and shall be observed on these dates or days, or on such different dates or days as may be hereafter provided by law:

New Years Day	January 1
Martin Luther.King, Jr. Day . .	3rd Monday in January
President's Day	3rd Monday in February
Arbor Day	Last Friday in April
Memorial Day	Last Monday in May
Independence Day	July 4
Labor Day	1st Monday in September
Columbus Day	2nd Monday in October
Veteran's Day	November 11
Thanksgiving Day	4th Thursday in November
Day After Thanksgiving	4th Friday in November
Christmas Day	December 25

007.03B When a holiday falls on a Saturday, it shall be observed on the preceding Friday. When a holiday falls on a Sunday, it shall be observed on the following Monday.

007.03C Permanent full-time and permanent part-time employees who are required to work on a holiday shall be granted either compensatory time off or be paid overtime pay for the time worked in accordance with existing state or federal statutes.

007.03D Permanent part-time employees shall be eligible for paid holidays on a pro-rata basis provided that:

007.03D1 The holiday falls on a day he would normally have been scheduled to work; and

007.03D2 The pay or compensatory time off he receives shall be for the number of hours he would have been scheduled to work.

007.03E Temporary employees shall not be eligible for paid holidays and if required to work on a holiday shall be paid for the time worked at their normal rate of pay.

007.03F If a holiday occurs while an employee is on Workmen's Compensation or other disability compensation, no credit for the holiday shall be allowed.

007.03G In order to receive pay for an observed holiday an employee must not have been absent without pay on the work day immediately preceding or following the holiday.

Vacation Leave

007.04A Board of Educational Lands and Funds employees shall during each year of continuous employment, be entitled to vacation leave with full pay based on the following schedule:

During 1st year of continuous employment

96 hours per year

During 2nd year of continuous employment

96 hours per year

During 3rd year of continuous employment

96 hours per year

During 4th year of continuous employment

96 hours, per year

During 5th year of continuous employment

96 hours per year

During 6th year of continuous employment

120 hours per year

During 7th year of continuous employment

128 hours per year

During 8th year of continuous employment

136 hours per year

During 9th year of continuous employment

144 hours per year

During 10th year of continuous employment

152 hours per year

During 11th year of continuous employment

160 hours per year

During 12th year of continuous employment

168 hours per year

During 13th year of continuous employment

176 hours per year

During 14th year of continuous employment

184 hours per year

During 15th year of continuous employment

192 hours per year

During 16th year of continuous employment

200 hours per year

After 16th year of continuous employment

200 hours per year

007.04B Employees who are regularly employed less than forty hours a week shall be entitled to vacation leave proportionate to their regular work week.

007.04C For the purposes of this provision, an employee who has terminated his employment with any State Agency for any reason other than disciplinary and who returns to state employment with the Board of Educational Lands and Funds within one year from the date of termination shall have his service for vacation leave entitlement computed by combining prior continuous service with current continuous service.

007.04D The vacation leave account of each employee shall be balanced as of December 31 of each year. Each employee shall be entitled to have accumulated as of December 31 of each calendar year and carried forward into the next year such employee's earned vacation leave totaling 280 hours (35 days), or such greater amount as is hereafter permitted to be so accumulated and carried over by employees of those state agencies which are subject to the Nebraska Classified System Personnel Rules or its equivalent, plus any additional amount authorized by past or future specific action of the Board with the concurrence of a majority of its members. Earned vacation leave of any employee in excess of the amount so permitted to be accumulated and carried over shall be forfeited and lost by such employee as of December 31 of each calendar year. Any employee shall be entitled to use vacation leave as soon as it has accrued.

007.04E In special instances where because of exceptional workload or other meritorious reason, the Executive Secretary may allow an employee to carry over an additional forty hours of vacation leave.

007.04F Each employee, upon retirement, dismissal, or voluntary separation from the Board, shall be paid for unused accumulated vacation leave. Upon the death of an employee, his beneficiary shall be paid for his unused accumulated vacation leave.

007.04G Temporary employees shall not earn, accumulate, or be granted vacation leave. Prior, current or future service performed in a temporary status shall not be considered in computing years of service for vacation leave entitlement.

007.04H Vacation leave must be applied for by the employee and may be used only when approved by the Executive Secretary, who shall designate such time or times when it will least interfere with the efficient operation of the agency. However, this action must not be arbitrary and he may not unreasonably defer the taking of vacation leave so that for all practical purposes the employee is derived of his vacation rights.

007.04I The Executive Secretary may at its discretion advance leave to an employee in an amount not to exceed that which the employee would earn during that calendar year.

007.04J Employees who have worked less than one full calendar year will earn vacation leave in an amount proportionate to the time worked during the calendar year.

007.04K Vacation leave shall not accrue to an employee on leave of absence without pay, suspension or layoff.

007.04L Vacation leave shall be taken on normal work hour basis. Holidays falling within a period of vacation leave shall not be counted as work hours.

007.04M An employee who is eligible for retirement and who elects to receive payment for one-fourth of his accumulated unused sick leave upon termination or retirement from state employment and subsequently returns to state employment shall be considered a new employee without any prior service when determining entitlement to an accumulation of vacation leave.

007.04N An employee who leaves state service as a result of a bona fide reduction in force and later returns to state service as an employee of the Board of Educational Lands and Funds shall count prior continuous service in computing years of service for vacation leave entitlement.

007.05 Sick Leave

007.05A Permanent employees of the Board shall be entitled to sick leave with full pay computed at a rate of eight work hours per month for each calendar month of service. Those employees who have completed five or more years of service shall be entitled to sick leave in accordance with the following schedule:

During 1st year of continuous employment

96 hours per year

During 2nd year of continuous employment

96 hours per year

During 3rd year of continuous employment

96 hours per year

During 4th year of continuous employment

96 hours, per year

During 5th year of continuous employment

96 hours per year

During 6th year of continuous employment

136 hours per year

During 7th year of continuous employment

144 hours per year

During 8th year of continuous employment

152 hours per year

During 9th year of continuous employment

160 hours per year

During 10th year of continuous employment

168 hours per year

During 11th year of continuous employment

176 hours per year

During 12th year of continuous employment

184 hours per year

During 13th year of continuous employment

192 hours per year

During 14th year of continuous employment

200 hours per year

During 15th year of continuous employment

208 hours per year

During 16th year of continuous employment

216 hours per year

After 17th year of continuous employment

224 hours per year

After 18th year of continuous employment

232 hours per year

After 19th year of continuous employment

and thereafter 240 hours per year

007.05B Employees who are regularly employed less than forty hours a week shall be entitled sick leave proportionate to their regular work week.

007.05C For the purpose of this rule, any employee whose employment has been terminated, for other than disciplinary reasons, and who returns to state employment within one year from the date of such termination shall have his service for sick leave entitlement computed by combining prior continuous service with current continuous service.

007.05D The sick leave account of each employee shall be balanced as of December 31 each year. Each employee shall be entitled to have accumulated as of December 31 of each calendar year and carried forward into the next year such employee's earned sick leave totaling 1440 hours (180 days), or such greater amount as is hereafter permitted to be so accumulated and carried over by employees of those state agencies which are subject to the Nebraska Classified System Personnel Rules or Its equivalent, plus any additional amount authorized by past or future specific action of the Board with the concurrence of a majority of its members. Earned sick leave of any employee in excess of the amount so permitted to be accumulated and carried over shall be forfeited and lost by such employee as of December 31 of each calendar year. Any employee shall be entitled to use sick leave as soon as it has accrued.

007.05E All sick leave shall expire on the date of separation and no employee shall be reimbursed for sick leave outstanding at the time of termination, except as further provided herein. Each employee who is eligible for retirement under any existing state or federal retirement system shall, upon termination in good standing of his employment with the state by reason of retirement or voluntary resignation, be entitled to payment one-fourth of his accumulated unused sick leave, with the rate of payment based on his regular pay at the time of termination or retirement. Upon the death of an employee his beneficiary shall be paid one-fourth of his accumulated unused sick leave, with the rate of payment based on his regular pay at the date of his death.

007.05F A permanent employee who transfers from another state agency to the Board of Educational Lands and Funds shall have his accrued sick leave transferred to the Board.

007.05G Sick leave is defined to mean a period in which the employee is incapacitated for the performance of his duties by sickness or injury not arising from the course of his employment; or medical, surgical, dental or optical examination, or treatment; or when by reason of his exposure to contagious disease, his presence at his post would jeopardize the health of others; or when illness of, or injury to a member of the immediate family residing in his household demands his presence.

007.05H Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom are, for all job-related purposes, temporary disabilities and will be treated as such under these rules and regulations for sick leave.

007.05I Pregnant employees will be expected to work prior to childbirth as long as they are able to perform their normal duties or until their physician advises otherwise. They will be expected to return to work after childbirth, miscarriage or abortion as soon as they can be reasonably expected to perform their normal duties.

007.05J Sick leave may not be taken in advance except that the Executive Secretary may advance up to one year's sick leave entitlement to employees. Employees shall reimburse the State for all used unearned sick leave upon termination.

007.05K Sick leave shall be requested in advance whenever possible, i.e., dental appointments, physical examinations, etc. In the case of sickness, injury, emergencies or other absence not approved in advance, the employee shall advise his supervisor of the circumstances as soon as possible and immediately upon return to work shall fill out a sick leave request form explaining the absence.

007.05L Sick leave shall be denied when the Executive Secretary has facts to show that an employee is abusing sick leave privileges.

007.05M Sick leave shall be taken on a working hour basis. Holidays falling within, a period of sick leave shall not count as work hours.

007.05N Sick leave shall not accrue during leave of absence, leave without pay, suspension or layoff.

007.05O If an absence because of illness or injury not arising from the course of employment extends beyond the sick leave accrued to the credit of a permanent employee, such additional time shall be charged to the vacation leave. If all accrued sick and vacation leave is used, the employee may be granted continuted sick leave without pay at the discretion of the Executive Secretary. Included are absences caused by pregnancy, miscarriage, abortions, childbirth and recovery therefrom.

007.05P An employee who is eligible for retirement and who elects to receive payment for one-fourth of his accumulated unused sick leave upon termination or retirement from state employment and subsequently returns to state employment shall be considered to be a new employee without any prior service when determining entitlement to an accumulation of sick leave.

007.05Q For sick leave purposes a reinstated employee is a new employee except as provided for by statutes and these rules and regulations. An employee who leaves the Board's service as the result of a bona fide reduction in force and later returns to the Board shall count prior continuous service in computing years of service for sick leave entitlement. An employee who has left the Board's service and returns within a year shall have reinstated to his sick leave account all earned sick leave not used at the time of his departure.

007.05R Temporary employees shall not earn, accumulate, or be granted sick leave. Prior, current or future service performed in a temporary status shall not be considered in computing years of service for sick leave entitlement.

007.06 Funeral Leave

007.06A Up to five days of funeral leave may be granted for funerals in the immediate family. For funerals of persons not in the immediate family, up to one day funeral leave may be granted at the discretion of the Executive Secretary. Funeral leave shall not be charged to sick leave or vacation leave.

007.06B Immediate family shall mean: wife, husband, children, parents, children-in-law, grandchildren, grandparents, brothers, sisters, brothers-in-law, sisters-in-law or persons bearing the same relationship to the spouse.

007.07 Injury Leave

007.07A All employees of the Board are subject to the provisions of the Workmen's Compensation Act, and are entitled to the benefits of that law on account of Injury or occupational disease arising out of and in the course of their employment.

007.07B Injury or occupational disease occurring out of and in the course of employment shall be reported to the Executive Secretary as soon as possible and the Executive Secretary shall fill out the reports necessary and supply needed information to the Secretary of the State Claims Board who will file the necessary reports with the Workmen's Compensation Court.

007.07C An employee entitled to be paid Workmen's Compensation for temporary disability shall be granted injury leave with full pay for the first five work days of such disability including the day of injury (if disability began that day). At the expiration of the injury leave, provisions of the Workmen's Compensation Act shall apply. Injury leave shall not be charged to vacation or sick leave.

007.07D An employee who is receiving Workmen's Compensation for an injury or occupational disease occurring out of and in the course of employment shall have the option of electing to use his accumulated unused sick and/or vacation leave to supplement his Workmen's Compensation up to but not to exceed his regular rate of pay. Employees electing this option shall be charged sick or vacation leave in proportion to the amount of money paid by the Board.

007.07E Paid holidays falling within the period when an employee is being paid by Workmen's Compensation and is using sick and/or vacation leave shall not be considered as a paid holiday.

007.08 Military Leave

007.08A All employees of the Board who are members of the following military units shall be granted military leave in accordance with Section 55-160 and 55-161 Reissue, Revised Statutes of Nebraska, 1943.

007.08A1 National Guard

007.08A2 Army Reserve

007.08A3 Navy Reserve

007.08A4 Marine Corps Reserve

007.08A5 Air Force Reserve

007.08A6 Coast Guard Reserve

007.08B All employees of the Board who leave a position other than temporary to undergo military training with the armed forces of the United States or undertake military duty in the active service of the state shall be entitled to receive the difference between their full state pay and their military pay and re-employment rights in accordance with Section 55-156.01 Reissue, Revised Statutes of Nebraska, 1943, as amended by the 1969 Cumulative Supplement thereto.

007.09 Civil Leave

007.09A An employee shall be given necessary time off without loss of pay when performing jury duty, performing emergency civilian duty in connection with national defense or a national disaster, and subject to the provisions of Section 32-1046 R.R.S., 1943, not to exceed two hours for the purpose of voting. Civil leave does not include leave for military duty in connection with national defense, national disasters or civil disturbances.

007.09B When an employee is served with a notice to serve as a juror and does so serve, he shall be excused with pay while actually on order of the court and may also retain fees paid him as a juror.

007.09C When it is necessary that an employee appear in court, he shall be subpoenaed, unless he is required to appear in the normal course of his employment, and shall report receipt of the subpoena to the Executive Secretary. When an employee is subpoenaed, leave with pay will normally be granted.

007.09D An employee attending court as a party plaintiff or party defendant on a personal matter may elect to have such time charged to his vacation leave or may have a leave of absence without pay.

007.09E Board employees residing and voting in counties having Election Commissioners shall not serve as judges or clerks of elections.

007.10 Leave of Absence

007.10A The Executive Secretary may grant a permaent employee leave of absence for a period not to exceed one year when it is in the best interest of the Trust to do so.

007.10B The employee's request for leave of absence shall be considered when he has shown by his record to be of more than average value to the Board and when it is desirable to retain the employee even at some sacrifice.

007.10C During an employee's approved leave of absence his position may be filled by employing a substitute for the period of incumbent's absence or by temporary reassignment of any qualified employee.

007.10D At the expiration of the leave of absence to the employee has the right to, and shall be reinstated to, the position he vacated or to a like position.

007.10E Approved leave of absence shall not constitute a break in service except that the State Employees Retirement Law shall govern as to the status of an employee's membership in the retirement plan.

007.10F Vacation and sick leave shall not accrue while on leave of absence; however, sick leave earned, but not used prior to leave of absence, shall be carried forward upon employee's return to duty.

007.11 Absence Without Leave

007.11A Absence by an employee from his place of duty not specifically authorized or covered by a:

1) Paid Holiday

2) Vacation Leave

3) Sick Leave

4) Injury Leave

5) Military Leave

6) Civil Leave

7) Administrative Leave

8) Leave of Absence

9) Funeral Leave

10) Compensatory time off

shall be charged as absence without leave.

007.11B Absences without leave shall be in a non-pay status and will be cause for reprimand, suspension without pay or dismissal at the discretion of the Executive Secretary.

97 Neb. Admin. Code, ch. 2, § 007