Chapter 12 - Leaves and Holidays

Chapter 12 - Leaves and Holidays

7.1201 Regulations governing leave.

(a) Leave without pay, annual leave and sick leave shall be granted in accordance with regulations issued by the Governor; provided, however, that any regulation to the contrary notwithstanding, leave without pay shall be freely granted to any government employee for the purpose of campaigning as a candidate for public office in American Samoa for a period beginning 30 days before and ending 10 days after the date set for the election.

(b) Leave without pay may not be granted for periods of more than 1 year unless otherwise provided in the regulations, and then only for reasons which are determined to be in the interest of the government.

7.1202 Sick leave.

(a) “Sick leave” means absence from duty because of illness or other physical disability or exposure to contagious disease.

(b) An employee given leave with pay on account of sickness for longer than 3 working days must supply on demand a certificate from a physician or medical practitioner evidencing illness.

(c) Sick leave shall accumulate at the rate of one-half day per biweekly pay period, and the accumulation is not limited.

(d) Employees terminated for reasons other than retirement, employees who are medically separated and employees who retire with the maximum service credit of 30 years are entitled to compensation for unused accrued sick leave at the rate of 50 percent of sick leave in excess of 239 hours.

7.1203 Annual leave.

(a) Employees in the career service shall be entitled to annual leave, which shall accrue as follows:

(1) four hours for each full biweekly pay period in the case of employees with less than 3 years of service;

(2) six hours for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is 10 hours, in the case of employees with 3 but less than 15 years of service;

(3) eight hours for each biweekly pay period in the case of employees with 15 years or more of service.

(b) In determining years of creditable service for the purposes of subsection (a), there shall be included all time spent as a career service employee of the government and all time spent on active duty status with the armed forces of the United States, but for an employee who is a retired member of any of the uniformed services, such last mentioned time shall not be included unless:

(1) his retirement was based on disability resulting from injury or disease received in line of duty as a direct result of armed conflict, or caused by an instrumentality of war and incurred in the line of duty during a period of war (as defined in38 U.S.C. §§ 101 and 301);or

(2) immediately prior to the effective date of this service he was employed in a civilian office to which the Annual and Sick Leave Act of the United States applies and, on and after that date, he continued to be employed in that office without a break in service of more than 30 days; or

(3) such service was performed in the armed forces during any war, or in any campaign or expedition for which a campaign badge has been authorized.

(c) The determination of the period service may be made on the basis of an affidavit of the employee, if other records are unavailable.

(d) In the case of an employee who is not paid on the basis of biweekly pay periods, the leave provided by this section shall accrue on the same basis as it would accrue if such employee were paid on the basis of biweekly pay periods.

(e) Any change in the rate of accrual of annual leave by an employee under the provisions of this section shall take effect as of the beginning of the pay period following the pay period, or corresponding period in the case of an employee who is not paid on the basis of biweekly pay periods, in which such employee completes the prescribed period of service.

(f) Annual leave not used by an employee shall accumulate for use in succeeding years until it totals an amount not to exceed 60 days at the beginning of the first complete biweekly pay period, or corresponding period in the case of an employee who is not paid on the basis of biweekly pay periods, occurring in any year.

(g) The annual leave provided for in this section, including such leave as accrues to any employee during the year, may be granted at any time during such year as the heads of the various departments and agencies may prescribe.

(h) Notwithstanding the provisions of subsection (a), an employee shall be entitled to annual leave under this section only after having been employed currently for a continuous period of 90 days under one or more appointments without a break in service. In any case in which an employee completes a period of continuous employment of 90 days, there shall be credited to him an amount of annual leave equal to the amount which, except for this subsection would have accrued to him under subsection (a) during such period.

(i) The payment of money in lieu of leave shall not be allowed except on termination of employment.

(j) The days of leave provided for in this section mean days upon which an employee would otherwise work and receive pay, and shall be exclusive of holidays and all nonwork days established by law or administrative order.

(k) An employee shall be considered, for the purposes of this section, to have been employed for a full biweekly pay period if he has been employed during all of the days within such period which would be within his usual workweek and on which he would normally work.

7.1204 Vacations for teaching personnel.

Upon recommendation of the Director of Education, the Governor may authorize a special system of vacations for teaching personnel.

7.1205 Paid holidays.

(a) The public holidays in American Samoa shall be paid holidays for government employees.

(b) If any public holiday is observed by federal employees on a different day from that specified in 1.0501, the day of observance for employees of American Samoa shall conform to that provided for federal employees.

(c) If any government employee is required to work on a public holiday, he shall be given an additional day’s pay in lieu of the holiday.

(d) This section shall apply to all employees of the government, whether or not they are “employees” as defined in subsection (d) of 32.0303.