(a) All permanent employees who have held regular full-time positions under the jurisdiction of this section for one year and less than 12 years, shall be allowed an annual vacation with pay at the rate of one work day per month of service not to exceed 12 work days vacation; regular full-time employees with 12 years to 25 years full-time service shall be allowed an annual vacation with pay at the rate of one and one-half work days per month of service not to exceed 18 days vacation per year; and regular full-time employees with 25 years service or more shall be allowed two work days for each month of service not to exceed 24 days vacation with pay per year. Such vacation allowance shall be cumulative, not to exceed 40 work days. For the purpose of computing vacation allowance sick leave, each period of seven days, excluding holidays, shall be considered as containing five work days, irrespective of the number of days the employee would normally be on duty. In computing vacation for any person hereunder, in addition to the period for which such person has been employed by the county or city for which he or she works at the time of the computation, there shall be included the following periods of employment: (1) the period such person worked at the county courthouse, or any branch thereof, while employed by the state of any agency or board of the state, provided that while such person was so employed his or her position with the state, or state agency or board, was made subject to the countywide civil service law through the adoption or amendment of this or any previous part establishing a countywide civil service system; and (2) the period during which such person worked at the county courthouse, or any branch thereof, while employed by the state or any agency or board of the state provided his or her work and duties for the state, or the state agency or board were confined within the territorial limits of the county, and provided further that his or her employment with the county or with some municipality thereof commenced simultaneously with the cessation of his or her employment by the state or by the state agency or board. The time for such vacation shall be determined by the appointing authority except that the employee, if a vacation has not been allowed him or her during the calendar year, may demand that he or she be given a vacation not exceeding 12 work days. An appointing authority shall not require an employee to forfeit his or her vacation allowance as punishment for improper behavior, in lieu of imposing upon such employee a suspension without pay as provided in Section 45-37-121.19. Employees who resign in good standing or who are separated from the service without fault or delinquency on their part shall be allowed credit for vacation earned. Any employee who is dismissed for cause shall forfeit all vacation allowances. The rules and regulations shall contain provisions for granting permanent employees sick leave with pay and for leave without pay, consistent with progressive personnel practice; provided however, that any permanent employee shall, upon retirement or termination in good standing after five years of service, be entitled to receive payment for 50 percent of his or her accrued and unused sick leave at the time of his or her retirement or termination and all such payments shall be made at the same rate as his or her regular pay. At the time of retirement or termination the payment shall not exceed 50 percent of 60 days.
(b) Provided, further, that it shall be optional with each appointing authority whether such provisions shall be applicable to its employees.
Last modified: May 3, 2021