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21-4-207. Sick leave — Accrual and use.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-4-207. Sick leave — Accrual and use.
(a)(1)(A) Except for the employees under subdivision (a)(1)(B) of this section, each permanent or probationary employee shall be entitled to sick leave with full pay computed on the basis of one (1) day for each complete month of service including the probationary period.
(B) Each fire and emergency service employee of the Department of the Military who works a regularly scheduled shift of more than forty-seven (47) hours per week is entitled to sick leave with full pay computed on the basis of one (1) day and four (4) hours for each complete month of service.
(2)(A) Only one hundred twenty (120) days of sick leave may be carried over at the end of the calendar year.
(B)(i) Fire and emergency service employees under subdivision (a)(1)(B) of this section may accumulate one hundred eighty (180) days of sick leave to carry over at the end of the calendar year.
(ii) Payment to a fire and emergency service employee for unused sick leave at retirement under § 21-4-501 et seq. shall be calculated at the one-hundred-eighty-day maximum rate for a fire and emergency service employee.
(3)(A)(i) An employee shall be required to furnish a certificate from an attending physician for five (5) or more consecutive days of sick leave.
(ii) An agency that has a written procedure to identify patterns of sick leave usage may require an employee to furnish a certificate from an attending physician for any use of sick leave.
(B) A certificate from a Christian Science practitioner listed in The Christian Science Journal may be submitted in lieu of a physician's certificate.
(b) Sick leave with pay shall not be granted to emergency, hourly, intermittent, or per diem employees.
(c) Sick leave with pay shall be allowed to provisional and
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-4-207
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:21-4-207
Source file: gov.ar.code.title.21.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 8b439cc5a1425b2b55eaa84a45de4e3c405ff05c292dbf43f6c91cd3dd41688d
Source location: content.xml paragraph 2056
Stored source content
21-4-207. Sick leave — Accrual and use.
(a)(1)(A) Except for the employees under subdivision (a)(1)(B) of this section, each permanent or probationary employee shall be entitled to sick leave with full pay computed on the basis of one (1) day for each complete month of service including the probationary period.
(B) Each fire and emergency service employee of the Department of the Military who works a regularly scheduled shift of more than forty-seven (47) hours per week is entitled to sick leave with full pay computed on the basis of one (1) day and four (4) hours for each complete month of service.
(2)(A) Only one hundred twenty (120) days of sick leave may be carried over at the end of the calendar year.
(B)(i) Fire and emergency service employees under subdivision (a)(1)(B) of this section may accumulate one hundred eighty (180) days of sick leave to carry over at the end of the calendar year.
(ii) Payment to a fire and emergency service employee for unused sick leave at retirement under § 21-4-501 et seq. shall be calculated at the one-hundred-eighty-day maximum rate for a fire and emergency service employee.
(3)(A)(i) An employee shall be required to furnish a certificate from an attending physician for five (5) or more consecutive days of sick leave.
(ii) An agency that has a written procedure to identify patterns of sick leave usage may require an employee to furnish a certificate from an attending physician for any use of sick leave.
(B) A certificate from a Christian Science practitioner listed in The Christian Science Journal may be submitted in lieu of a physician's certificate.
(b) Sick leave with pay shall not be granted to emergency, hourly, intermittent, or per diem employees.
(c) Sick leave with pay shall be allowed to provisional and temporary employees on the basis of one (1) day for each complete month of service.
(d) Sick leave with pay shall be allowed to permanent, probationary, provisional, and temporary employees who are working one-half (½) time computed on the basis of one-half (½) the rate of the schedule for full-time employees for each complete month of service.
(e)(1) Sick leave may not be accumulated during a period of leave without pay when such leave is for ten (10) or more days within a calendar month.
(2) Saturdays, Sundays, holidays, and nonworking days within a period of sick leave shall not be charged as sick leave. Sick leave granted shall be based on working days.
(3) Employees transferring between state agencies without a break in service shall, at the time of transfer, retain all accumulated sick leave credits.
(4) Whenever an employee is laid off because of budgetary reasons or curtailment of activities and he or she is reinstated within a period of six (6) months, accumulated sick leave may be restored to his or her credit.
(f)(1) Except in the case of maternity leave, absences due to sick leave shall be charged in the following order:
(A) Earned sick leave;
(B) Earned annual leave;
(C) Shared leave, when authorized;
(D) Catastrophic leave, when authorized; and
(E) Leave without pay, when authorized.
(2)(A) Requests for sick leave shall be applied for in advance.
(B) If the nature of the sickness makes this impossible, notification of absence on account of sickness shall be given as soon as possible on the first day of absence to the head of the department or the person in charge of the office, and application for sick leave shall be filed within two (2) days after return to duty.
(C) If notification is not made in accordance with the procedure in this section, the absence shall be charged to annual leave or leave without pay, at the discretion of the agency director.
(3) The minimum charge for absence on account of sickness shall be fifteen (15) minutes.
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Arkansas Code — all titles (historical 2020) · legal_authorities
21-4-501. Compensation for unused sick leave at retirement.
(a) Upon retirement or death, any employee or beneficiary of any employee of any agency of the State of Arkansas shall receive compensation for accumulated unused sick leave as follows:
(1) If the employee has accumulated at least fifty (50) days but fewer than sixty (60) days of sick leave, the employee shall receive an amount equal to fifty percent (50%) of the number of accrued sick leave days rounded to the nearest day multiplied by fifty percent (50%) of the employee's daily salary;
(2) If the employee has accumulated at least sixty (60) days but fewer than seventy (70) days of sick leave, the employee shall receive an amount equal to sixty percent (60%) of the number of accrued sick leave days rounded to the nearest day multiplied by sixty percent (60%) of the employee's daily salary;
(3) If the employee has accumulated at least seventy (70) days but fewer than eighty (80) days of sick leave, the employee shall receive an amount equal to seventy percent (70%) of the number of accrued sick days rounded to the nearest day multiplied by seventy percent (70%) of the employee's daily salary; and
(4) If the employee has accumulated at least eighty (80) or more days of sick leave, the employee shall receive an amount equal to eighty percent (80%) of the number of accrued sick leave days rounded to the nearest day multiplied by eighty percent (80%) of the employee's daily salary.
(b) For purposes of this section, the employee's daily salary shall be determined by dividing the annual salary by two hundred sixty (260).
(c) The Office of Personnel Management shall promulgate rules necessary to implement this subchapter.
(d) In no event shall an employee or beneficiary of an employee receive an amount
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-4-501
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-4-501. This identifies an authority to review, not proof of applicability.