A permanent employee who is given out-service training may be granted educational leave by the agency director on the following basis:
(1) The employee will continue in the service of the agency for a period of time as statutorily required or, in the absence of a specific law, at least twice the length of his or her course of training;
(2) (A) Any employee who does not fulfill these obligations shall be required to pay to the agency the total cost, or a proportionate share of the cost, of the out-service training and compensation paid during the training period.
(B) A written contract shall be signed by the employee and the agency setting forth all terms of the agreement;
(3) The employee shall retain all rights in the position held at the time when leave was granted or in a position with comparable security and pay;
(4) The employee shall retain all benefits and rights during the training period that accrued during that time to regular employees;
(5) The amount of salary paid during the training period shall be as agreed by the employee and agency director but shall not exceed the regular salary paid the employee; and
(6) (A) Payment of tuition, fees, books, and transportation may be made if moneys have been specifically appropriated by the General Assembly for those purposes or if the Department of Health provides assistance to employees of the department who are seeking a master's degree, a doctor of public health degree, or a doctor of philosophy degree in public health.
(B) The department shall not provide the assistance authorized under subdivision (6)(A) of this section to more than twelve (12) employees in any fiscal year.
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