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PART 2 RULES OF THE DIRECTOR OF HUMAN RESOURCES
Subchapter 1 Leaves with Pay
§8-1 Vacation leave
§8-2 Sick leave
§8-3 General provisions affecting vacation and sick leave
§8-4 Military leave with pay
§8-5 Leave sharing
§8-6 Sabbatical leave
Subchapter 2 Leaves without Pay
§8-8 Leave without pay to work in an exempt position
§8-9 Unauthorized leave of absence
§8-10 Leave pending investigation
LEAVES WITH PAY
Historical Note: Subchapter 1 of chapter 8 of part 2 is based substantially upon chapter 18 of part 2 of the rules of the director of civil service. [Eff Jul 01 2002]
§8-1 Vacation leave.
The following provisions affecting vacation leave shall apply to employees, except those exempt employees employed pursuant to paragraphs (e), (f), (g) and (h), of section 6-1103 and paragraph (f) of section 6-1104 of the Revised Charter of the City and County of Honolulu shall not earn vacation allowance, except as provided for by executive order:
(1) It shall be the duty of an employee desiring to take vacation to submit to the employee's appointing authority, on a form prescribed by the director of budget and fiscal services, an application before the commencement date of the vacation, in order to enable the appointing authority to make the necessary arrangements for any readjustment of work. An advance notice as is necessary may be prescribed by departmental regulations or policies, which shall be made known to all employees. However, the appointing authority may waive the requirement for advance notice when emergency situations arise.
(2) No employee shall be granted or permitted to take vacation in any calendar year in excess of ninety working days.
(3) Vacation, which has not been earned, shall not be granted in advance.
(4) Transferring to a position in which vacation allowance is not earnable shall be as follows:
(A) When an employee is transferred from, or otherwise relinquishes one position in which vacation allowance may be earned, and accepts employment in another position in the service of the City in which vacation allowance may not be earned, the employee may be deemed, for purpose of receiving pay in lieu of vacation, to have terminated the employee's services.
(B) In the event, however, that the employee is not eligible under the circumstances to receive pay in lieu of vacation, the acceptance of such new employment shall not of itself have the effect of causing a forfeiture of any vacation allowance to which such employee is then entitled.
(5) Accumulated vacation allowance after transfer shall be applied as follows:
(A) When an employee is transferred from one department or agency to another within the City or to another within the State, the employee may be given credit for the vacation earned or accumulated in the department or agency from which the employee transferred.
(B) When an employee transfers or moves from the City to another jurisdiction in the State of Hawaii, the employee may request and receive lump sum payment at the employee's existing rate of compensation for all vacation credits accumulated up to the effective date of the movement and the lump sum payment shall not be construed to mean that the employee has terminated employment in the civil service.
(C) Compensation for any period of vacation allowance shall be paid at the rate to which the employee is entitled at the time the allowance is granted.
(6) Upon separation from the service, payment for vacation allowance shall be pursuant to law.
(7) This rule shall not be construed to provide for compensation in lieu of vacation allowance when an employee is terminated, whether voluntarily or involuntarily, and is rehired within seven calendar days of such termination. In the event an employee is terminated and receives compensation in lieu of vacation allowance but is rehired within seven calendar days of the termination, the employee shall be required to return such compensation or the rehiring date shall be moved beyond seven calendar from the date of termination.
(8) An employee of the City who is called or ordered and reports, either voluntarily or involuntarily, for active military duty with a branch of the U.S. Armed Forces shall be deemed to have separated from the City for the purposes of this section. Payment for the employee's vacation allowance will not of itself cause the forfeiture of unused sick leave credits.
(9) Each appointing authority who decides to terminate the service of any employee in the department, whether such termination is voluntary or involuntary, shall forthwith report to the director of budget and fiscal services, upon forms prescribed by the director of budget and fiscal services, the following information:
(A) The recorded accumulation vacation allowance; and
(B) The current accumulated vacation allowance earned for the current calendar year up to the date on which the employee is expected to cease active performance of service, either by reason of termination of service on that date, or commencement of vacation to be taken prior to the final termination.
[Eff Jul 01 2002] (Auth: HRS §§76-17, 78-23; RCH §4-105) (Imp: HRS §§76-12, 76-13, 78-23)
§8-2 Sick leave.
The following provisions affecting sick leave shall apply to employees:
(1) In the granting of sick leave, the smallest allowable unit shall be .25 hour (15 minutes).
(2) An employee shall be charged for sick leave for only those hours for which the employee was or would have been scheduled to work. Sick leave shall not be charged on holidays.
(3) Upon separation from the service, an employee shall forfeit all sick leave allowance accrued and accumulated to the date of the separation except as otherwise provided by section 88-63, HRS. This subsection shall not be construed to provide for the forfeiture of sick leave accumulation when the employee is granted leave without pay, including military leave, or is rehired within seven calendar days in the City service or is reinstated in the City service upon appeal of a discharge.
(4) The appointing authority is authorized to investigate any absence with pay because of illness or injury and to take disciplinary action whenever there is found a false claim of illness in connection with absence from work by an employee. The appointing authority may require the employee to be examined by the city's designated physician or a private physician of the appointing authority's choice provided the department assumes the cost of the physician's services. The appointing authority, upon the request of the employee, may permit the employee to be examined by a private physician of the employee's choice at the employee's cost. In the event the employee is examined by a private physician, the employee shall request the physician to furnish a report of the findings to the City's designated physician. [Eff Jul 01 2002] (Auth: HRS §76-17; RCH §4-105) HRS §§76-12, 76-13)
§8-3 General provisions affecting vacation and sick leaves.
(a) Each appointing authority shall report to the director of budget and fiscal services upon such forms and such times as shall be prescribed by the director of budget and fiscal services, all absences of employees, whether or not the same has been charged to vacation, sick leave or leave without pay, and the dates of return to work following the absences.
(b) The appointing authority shall be responsible for the application of these rules to the appointing authority's employees.
(c) After the end of each year, the appointing authority will furnish each employee with a statement of the vacation and sick leave credits remaining as of December 31 of the prior year.
(d) When an employee in the City resigns a position in one department to accept a position in another department in the City as a result of a transfer (including promotion, demotion, or original appointment) or in the case of any other movement from one department to another in the City, and the employee reports to the new position within seven calendar days thereafter, such employee shall not thereby forfeit any accumulated or earned sick leave allowance that the employee may have on credit in the department from which the employee was transferred or moved. If, after the date of such transfer or movement, the employee uses any or all of such sick leave allowance on credit, the appropriation of the department to which the employee is transferred shall bear the entire charge thereof. In no event shall the appropriation of the department from which the employee was transferred or moved be charged for any sick leave taken after the date of transfer or movement.
[Eff Jul 01 2002] (Auth: HRS §76-17; RCH §4-105) (Imp: HRS §§76-12, 76-13)
§8- 4 Military leave with pay.
(a) An employee, appointed for six (6) months or more, while on active duty or during periods of camps of instruction or field maneuvers as a member of the Hawaii national guard, air national guard, naval militia, organized reserves, including the officers' reserve corps and the enlisted reserve corps, under call of the President of the United States or the governor of the State, may request and be granted leave with pay status for a period not to exceed fifteen (15) working days in any calendar year.
(b) If an employee is called to active duty or required to report to camp training or field maneuvers by official military orders a second time within a calendar year, the employee may elect to use up to fifteen working days of the succeeding calendar year; provided that the employee's entitlement to the working days advanced shall be cancelled from the succeeding calendar year, and the employee shall so agree in writing. The employee who is advanced leave shall be required to reimburse the City an amount of pay equivalent to the days advanced in the event the employee leaves City employment or separates from the military prior to completion of a year's service in the succeeding year from which leave was advanced. [Eff Jan 20 2012] (Auth: HRS §76-16.5; 76-17; RCH §4-105) (Imp: HRS §§76-12, 76-13)
§8-5 Leave Sharing.
(a) The director may establish a leave sharing program which will allow employees to donate accumulated vacation leave credits to another employee within the City who has a serious personal illness or injury, or to the employee whose family member has a serious personal illness or injury. The program shall provide for fair treatment, prohibit coercion of employees and ensure that the leave poses no undue hardship on the employer's operations. The city council's presiding officer may establish a leave sharing program for employees of the legislative branch. Family member leaves require approval from the director or the city council's presiding officer.
(b) As used in this section:
(1) "Employee" means any regular, probationary, limited term or exempt employee who has been employed for at least six continuous months with the City and is entitled to accrue and use vacation leave.
(2) "Family member" means an employee's parent, parent-in-law, spouse, or child including an adopted child, biological child, or stepchild in a parent child relationship with the employee. The child must be living with and a tax dependent of the employee. Parent means biological or adoptive.
(3) "Serious personal illness or injury" means a life threatening illness or injury; or a catastrophic, debilitating illness or injury which incapacitates the employee or employee's family member and prevents the employee from performing the primary duties of his/her position. Further, the medical condition involves either inpatient care (such as hospitalization, hospice, etc.) or continuing treatment by a health care provider; is certified by a competent medical examiner as being the cause of the employee's inability to work or the family member's need for vigilant medical attention for at least 30 consecutive calendar days; provided that the illness or injury is not covered under chapter 386 or, if covered, all benefits under chapter 386 have been exhausted. The director or the city council's presiding officer may grant exceptions to the thirty consecutive calendar days requirement.
(c) An employee who wishes to donate accumulated leave credits must not have solicited nor accepted anything of value in exchange for the donation.
(d) Eligibility to receive shared leave shall be as provided under section 78-26, HRS. In addition, an eligible recipient must have exhausted or is about to exhaust all temporary disability insurance benefits to which the employee is entitled.
[Eff Jul 01 2002] (Auth: HRS §§76-17, 78-26; RCH §4-105) (IMP: HRS §§76-13, 78-26)
§8-6 Sabbatical leave.
(a) Any employee who has been employed by the State or any County for seven consecutive years upon application to and with the approval of the employee's appointing authority may be granted a sabbatical leave of absence of not more than one year for the purpose of education and training, provided that the two years of employment immediately preceding the application have been with the employee's department. The employee shall have the right to return to the former position at the expiration of the sabbatical leave of absence.
(b) The appointing authority may grant the employee sabbatical leave of absence upon review and consideration of all of the following:
(1) The purpose of the leave is mutually beneficial to the employee and the City.
(2) The nature, length and pertinence of educational coursework, research or other professional/educational activity, which the employee plans to undertake during the sabbatical leave, are consistent with the needs of the service.
(3) The employee's absence will not adversely affect the operation of the department.
(4) The employee's work performance record and seniority (continuous length of service in the civil service).
(c) Before being granted a sabbatical leave, an employee shall enter into a contract with the appointing authority which shall provide for the following:
(1) The employee shall agree to return to work upon termination of sabbatical leave or any other leave which may be granted immediately following the sabbatical leave. If the employee fails to report for work upon termination of sabbatical and any other leave granted, the employee shall refund all moneys received while on sabbatical leave. Upon return from sabbatical leave and any other leave granted, the employee shall agree to work in the appropriate department for a period of two consecutive years. If the employee fails to do so, the employee shall refund all moneys received while on sabbatical leave.
(2) An employee granted sabbatical leave shall not engage in any form of employment which interferes with the employee's education and training. All employment shall be approved by the appointing authority.
(d) The employee on sabbatical leave shall be paid an amount equal to one-half of the basic compensation which the employee was receiving at the commencement of the leave. The payments shall be made in regular monthly installments, the last two of which shall not be made until after returning to work with the jurisdiction which granted the leave.
(e) An employee granted sabbatical leave shall not by reason thereof be deprived of any accumulated vacation or sick leave but shall accrue no additional vacation allowance or sick leave during the period of leave.
(f) Upon the employee's return from sabbatical leave, the employee shall be compensated as though the employee had remained continuously in the position. [Eff Jul 01 2002] (Auth: HRS §76-17; RCH §4-105) (Imp: HRS §§76-12, 76-13; RCH §4-105)
LEAVES WITHOUT PAY
Historical Note: Subchapter 2 of chapter 8 of part 2 is based substantially on chapter 8 of part 1 of the rules of the civil service commission. [Eff Jul 01 2002]
These rules shall apply to exempt and civil service employees, unless otherwise specified. [Eff Jul 01 2002] (Auth: HRS §76-17; RCH §04-105) (Imp: HRS §§76-12, 76-13; RCH §4-105)
§8-8 Leave without pay to work in an exempt position.
(a) An appointing authority with the concurrence of the mayor may grant a regular employee a leave without pay for employment in the following exempt positions in the City government:
(1) department head;
(2) deputy department head;
(3) private secretary to a department head or a deputy department head.
(b) The leave of absence shall be for no more than the period indicated below:
(1) Four years or for the mayor's term of office, whichever is less, for services as a department head.
(2) Four years or for the term set by the Fire Commission or Board of Water Supply, whichever is less, for a department head for the Fire Department or Board of Water Supply.
(3) Four years or for the department head's term of office, whichever is less, for services as a deputy department head, or as a private secretary to a department head or a deputy department head.
(4) Five years or for the term set by the Police Commission whichever is less, for the Police Chief.
(5) Five years or for the Police Chief's term of office, whichever is less, for services as a Deputy Police Chief, or as a private secretary to the Police Chief or a Deputy Police Chief.
(c) A leave of absence may be extended for an additional period not to exceed four years.
(d) The rights of the employee who is released from the exempt position are as follows:
(1) Upon completion of no more than four years of the leave without pay, reinstatement to the position in which the employee last held a permanent appointment. In the event the employee is retained beyond these four years for the transition to a new mayoral term, but for not more than three months, the employee shall retain the reinstatement right to the employee's former civil service position. Such a three month extension shall not be construed to consider the leave to extend beyond four years for purposes of paragraph (2) below.
(2) Following more than four years of leave without pay, reinstatement to the employee's former position if vacant or placement in a comparable vacant position.
(3) In the event there is no comparable position vacant, the employee shall be placed in the next such vacancy available and the intervening period for a maximum of one year shall be considered as leave without pay. In the event placement is not successful, the employee shall be terminated.
(4) Upon reinstatement in the former position or placement in another comparable position, the employee shall be compensated as though the employee had remained continuously in the position in which the employee last held a permanent appointment.
(e) In applying this rule to the legislative branch of the City, when the term "Mayor" is used, it shall also mean the city council chair and when the term "department head" is used it shall mean the equivalent agency head in the legislative branch. In applying this rule to leaves of absence granted under subsections (b)(2), (b)(4) and (b)(5) when the term "mayoral" is used, it shall also mean "department head" or "Police Chief." In applying this rule, and in applying section (c), to leaves of absence granted under subsections (b)(4) and (b)(5) when the term "four years" is used, it shall also mean "five years." [Eff Jul 01 2002] (Auth: HRS §76-17; RCH §4-105) (Imp: HRS §§76-12, 76-13; RCH §4-105)
§8-9 Unauthorized leave of absence.
An employee who is absent from duty without proper authorization shall be placed on unauthorized leave of absence without pay. [Eff Jul 01 2002] (Auth: HRS §76-17; RCH §4-105) (Imp: HRS §§76-12, 76-13; RCH §4-105)
§8-10 Leave pending investigation
(a) An employee may be placed on a leave of absence with or without pay pending an investigation of charges that the employee may have committed a work-related offense and/or the employee's presence at the worksite is deemed to be detrimental to the proper conduct of the investigation or the operations of the workplace. Leave without pay under this section shall be in accordance with the following:
(1) The employee shall be given an opportunity to respond in writing or in person to the appointing authority or designee as to why the employee should not be placed on leave without pay pending investigation.
(2) Notice of the proposed action must be given to the employee in writing and include the reasons for the proposed action, facts supporting the reasons, and the instructions for responding to the proposed action.
(b) A leave of absence with or without pay pending investigation may be for a period of up to thirty calendar days, provided that for good cause and with the approval of the director, the leave of absence without pay may be extended.
(c) An employee who has been placed on a leave of absence without pay shall be reinstated without loss of pay and all rights and benefits will be restored as though the employee had not been on leave if the employee is cleared during the investigation or the charge is dropped or not substantiated. In the event the employee is partially cleared, a portion of the leave may be reinstated as appropriate. [Eff Jul 01 2002] (Auth: HRS §76-17; RCH §4-105) (Imp: HRS §§76-12, 76-13; RCH §4-105)
|Last Reviewed: Friday, February 03, 2012|