Leave without pay is a temporary absence from duty in nonpay status granted upon the employee's request and at the discretion of management. The permissive nature of leave without pay distinguishes it from absence without leave (AWOL), which is a nonpay status resulting from a period of absence for which the employee did not obtain advance authorization or for which his request for leave has been denied. It shall be the practice of the ASG to grant leave without pay only when it will be of mutual benefit and interest to the government and to the employee. Leave without pay shall not be granted for the purpose of an employee participating in private employment.
(a) Administrative Discretion. The granting of leave without pay is a matter of administrative discretion. Employees cannot demand that they be granted leave without pay as a matter of right.
(1) Government departments must assure that each such request is of such value to the government or the serious needs of the employee as to offset costs and administrative inconveniences of the position of the employee being frozen and remaining vacant while the employee is on leave without pay.
(2) Extended leave without pay beyond 30 days may not be approved unless there is assurance that the employee will return to duty and that at least 1 of the following benefits will result:
(A) Improved work performance and ability;
(B) Protection or improvement of employee's health;
(C) Retention of a desirable employee; and
(D) Furtherance of a program of interest to the government.
(b) Extended Leave Without Pay. Extended leave without pay requires the prior approval of the director as the Governor's representative or, in the case of the Judicial Branch, the Chief Justice, when properly justified by the department submitting such request. Extended leave without pay will be granted in the following circumstances:
(1) Attendance at a recognized institu tion of higher learning or a technical school, pursuing a course of instruction which is related to the employee's field of work;
(2) Travel and/or research which will impart knowledge, skills, and/or abilities required in the employee's work;
(3) Extended illness with a positive prognosis, or family or personal problems, an end of which can reasonably be predicted;
(4) To work for another government on a loan basis, where there is no agreement under the Inter-governmental Personnel Act. The request for the services of the employee must be made through the Governor's office, in writing;
(5) To serve a required period of military service beyond the 15 days which are authorized for pay purposes. The military duty must be for periods of time not to exceed I year and must be categorically mandated, as in the basic training period required for a recruit in the Armed Forces reserves. Leave cannot be granted for voluntary extensions or reenlistments;
(6) To protect employee status and benefits when an employee is injured and his case is being adjudicated or he is receiving benefits under worker's compensation.History: Rule 10-81, eff 29 Jul 81, § 5.7.