This Regulation governs the annual leave policies for employees in full-time equivalent (FTE) positions. (29 USC § 2601)

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1. Annual leave shall be earned by and granted to:

1. Full-time employees in FTE positions, and (S.C. Code Ann. § 8-11-610)
   

2. Part-time employees in FTE positions who are:

1. Scheduled to work at least one-half the workweek of the agency on a 12 month basis, or
   

2. Scheduled to work the equivalent of one-half of the workweek during the full school or academic year of nine months or more.

2. This Regulation shall not apply to teaching personnel and officials of academic rank at institutions of higher learning. (S.C. Code Ann. § 8-11-680)

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1. Computation

1. Employees who are in pay status one-half or more but not all of the workdays of the month shall earn annual leave for the full month. If they are in pay status for less than one-half the workdays, they shall earn no annual leave. (S.C. Code Ann. § 8-11-660)
   

2. Employees shall earn annual leave while on annual leave, sick leave, or other authorized leave with pay. Employees shall not earn annual leave while on leave without pay.
   

3. Employees’ annual leave earnings are computed based on the number of hours in the employee’s workday.
   
4. Employees’ annual leave earnings are based on the employee’s leave accrual date. The leave accrual date reflects:

1. All State service in an FTE position, including part-time service, adjusted to reflect periods of leave without pay of over 30 consecutive workdays and periods when there was a break in service;
   

2. All service as a certified employee in a permanent position of a school district of this State; and
   

3. At the discretion of the agency head or his designee, all service in any temporary capacity counted towards the employee’s probationary period. (Refer to Section 19-704.02 D. 2.)

2. Rate of Earnings

1. Five-Day Workweek Schedule of 37.5 or 40 Hours Per Week

1. To determine the number of hours in a workday, divide the total number of hours an employee is regularly scheduled to work during a week by five (regardless of the number of days the employee actually reports to work). (S.C. Code Ann. § 8-11-650)
   

2. Service of Ten Years or Less

   Employees on a five-day workweek schedule with service time of less than ten years shall earn annual leave at the rate of 1¼ workdays per month of service in each calendar year. (S.C. Code Ann. § 8-11-610)  (See Chart #1 and Chart #2 below.)  In addition, all service as a certified employee in a permanent position of a school district of this State must be used to calculate the leave accrual date.

3. Service of More Than Ten Years

Employees on a five-day per workweek schedule with State service time of more than ten years shall earn a bonus of 1¼ workdays of annual leave for each year of service over ten years. (S.C. Code Ann. § 8-11-610)  (See Chart #1 and Chart #2 below.)  In addition, all service as a certified employee in a permanent position of a school district of this State must be used to calculate the leave accrual date. (S.C. Code Ann. § 8-11-640)  The annual leave earnings based upon State service time of over ten years shall be granted to employees on a calendar month basis beginning the month after their leave accrual date.

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2. Schedules Other Than a Five-Day Workweek of 37.5 or 40 Hours Per Week

All employees earn the number of days per year based on their years of service. However, the earning rate in hours per month varies according to the length of the workday. If the workday differs from eight hours, divide the number of hours in the workday by eight, then multiply this ratio by the earnings rate in the last column of Chart #2 above. (S.C. Code Ann. § 8-11-650)  Examples of such schedules could include:

1. Law enforcement employees who are regularly scheduled to work 43 hours per week. Forty-three hours divided by five equals a workday of 8.6 hours;
   

2. Fire protection employees who are regularly scheduled to work 53 hours per week. Fifty-three hours divided by five equals a workday of 10.6 hours;
   
3. Part-time employees who are regularly scheduled to work 20 hours per week. Twenty hours divided by five equals a workday of four hours; or
   
4. Full-time employees who are regularly scheduled to work 39 hours per week. Thirty-nine hours divided by five equals a workday of 7.8 hours.

3. Maximum Accrual and Carryover

1. Employees shall be permitted to carryover from one calendar year to the next any unused annual leave up to a total accumulation of 45 workdays; EXCEPT THAT, employees of an agency which provided for maximum accumulation in excess of 45 workdays as of June 2, 1972, shall not forfeit the excess, but shall retain excess leave which shall be the maximum amount the employee may carryover into future years. If the employee subsequently reduces the amount of such leave carried over, the reduced amount, if in excess of 45 workdays, shall become the employee's maximum carryover into future years. If the employee further reduces the amount of such leave carried over to 45 workdays or less, 45 days shall become the maximum amount of unused annual leave the employee may thereafter carryover. During the calendar year, an employee may earn annual leave in excess of the 45 workdays; however, the employee may only carryover 45 days to the next calendar year. (S.C. Code Ann. § 8-11-610)
   

2. An employee who changes from being full-time to part-time or from part-time to full-time, without a break in service, shall retain the annual leave hours previously earned. If this change results in the employee having a maximum accumulation in excess of 45 workdays as of the effective date of the change, the employee shall not forfeit the excess. The employee shall retain this excess leave which shall be the maximum amount the employee may carryover into future years. If the employee subsequently reduces the amount of such leave carried over, the reduced amount, if in excess of 45 workdays, shall become the employee’s maximum carryover into future years. If the employee further reduces the amount of such leave carried over to 45 workdays or less, 45 days shall become the maximum amount of unused annual leave the employee may thereafter carryover. During the calendar year, an employee may earn annual leave in excess of the 45 workdays; however, the employee may only carryover 45 days to the next calendar year. (S.C. Code Ann. § 8-11-610)

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1. Leave taken under this Section may qualify as Family and Medical Leave Act (FMLA) leave and, if so, will run concurrently. (29 USC § 2601)
   

2. Scheduling Leave
   

   1. To the degree possible, an employee’s request for a specific period of annual leave shall be approved. Agencies may consider workloads and similar factors when reviewing the requests.
      

   2. Agency approval is required for the specific periods the employee shall be on annual leave, to include beginning and ending dates and computation of total hours.
      

3. Maximum Days Used Per Year

1. The maximum number of earned days of annual leave that may be used in any one calendar year shall not exceed 30 workdays. (S.C. Code Ann. § 8-11-610)
   

2. Exception

1. For Family and Medical Leave Act qualifying reasons, an agency may allow an employee who has used all eligible sick leave and 30 days of annual leave to use any remaining annual leave for:

(1) Emergencies or serious health conditions of the employee; (S.C. Code Ann. § 8-11-670)

(2) Emergencies or serious health conditions of the employee's immediate family. (Immediate family is defined in Section 19-712.01 J.1.b.(3))

2. An employee may request review by the State Human Resources Director the denial of the use of annual leave as provided in this Section.

4. Increments for Use of Annual Leave

Use of annual leave shall be calculated at either the actual time or in quarter hour increments.

5. Holiday During Leave

When a holiday is observed by the agency while an employee is using annual leave, the day shall be considered a holiday, not a day of annual leave for the employee.

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1. An employee who transfers without a break in service from one agency to another shall transfer earned annual leave. (S.C. Code Ann. § 8-11-640)
   

2. When a full-time employee transfers to an agency that has a different workday, his annual leave at the transferring agency shall be converted to equivalent days of annual leave at the receiving agency.
   

3. When an employee transfers from a position in which he earns both sick and annual leave to a teaching position of academic rank at a State supported institution of higher learning, the employee shall be paid for earned annual leave according to Section 19-709.05.
   

4. When the employee with a maximum carryover in excess of 45 workdays transfers from one agency to another, the employee shall retain the higher maximum carryover at the receiving agency. If the employee subsequently reduces the amount of such leave carried over, the reduced amount, if in excess 45 workdays, shall become the employee’s maximum carryover into future years. If the employee further reduces the amount of such leave carried over to 45 workdays or less, 45 days shall become the maximum amount of unused annual leave the employee may thereafter carryover. During the calendar year, the employee may earn annual leave in excess of the 45 workdays; however, the employee may only carryover 45 days to the next calendar year. (S.C. Code Ann. § 8-11-610)

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Upon separation from State employment, a lump sum payment will be made for unused annual leave, not to exceed 45 days, unless a higher maximum is authorized under Section 19-709.02 C., and without deducting any earned leave taken during the calendar year in which the employee separates. Upon the death of an employee while in active service, the estate of the deceased employee shall be entitled to the lump sum payment not to exceed 45 days. (S.C. Code Ann. § 8-11-620; Littlefield vs. SC Forestry Commission)

Exception - Refer to Section 19-719.01 B. 2. (Exceptions).

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1. The agency shall maintain all annual leave records for each employee eligible for annual leave. (S.C. Code Ann. § 8-11-680)  Such records must include at least the following:

1. The annual leave accrual rate for each employee;
   

2. The number of annual leave hours earned and used during the current calendar year;
   

3. The number of annual leave hours carried forward from the previous calendar year, but not exceeding the maximum accrual authorized;
   

4. The number of hours in the employee's workweek and workday; and
   

5. The number of hours paid out upon separation.

2. Annual leave records shall be reviewed by or reported in writing to the employee no less than once per calendar year and be supported by the individual leave forms signed by the employee and the agency designee.

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