Section 8.000
Policies and Procedures Manual
Human Resources Department

8.000 CONDITIONS OF EMPLOYMENT AND OTHER POLICIES FOR MANAGERIAL AND CONFIDENTIAL EMPLOYEES

For union and confidential employees, refer to the applicable collective bargaining agreement for the conditions of employment and other policies similar to those contained in this section.

8.100 Hours of Work

STATEMENT OF PRINCIPLE. The principles of justice cannot be defined in terms of hours, days or weeks and the orderly administration of justice may require employees of the Trial Court to work at times that are irregular and do not fall within the definition of a regular workday of a workweek.

The regular workweek of full-time employees is 37½ hours, excluding meal periods, normally consisting of five days of 7½ hours per day occurring between the hours of 7 a.m. and 5 p.m., depending upon court hours and the needs of a particular court or Administrative Office. For purposes of this Manual, court hours are defined as those hours when court is in session, as determined by the First Justice or the Departmental Chief Justice. Nothing in this Article is intended to limit the authority of the Chief Justice in determining court hours. Employees shall work the hours needed or required by the operational needs of a particular court or Administrative Office, providing reasonable prior notice is given.

8.200 Other Employment

No employee shall engage in any other employment or be required to perform any work or service not part of the function of the Trial Court during the hours he/she is scheduled to work for the Trial Court. No employee may engage in any other employment which:

1. in any manner interferes with the proper and effective performance of the duties of his/her position;

2. results in a conflict of interest;

3. may potentially subject the Trial Court to public criticism or embarrassment.

If the department head determines that the outside employment is inconsistent with these criteria, he/she shall recommend to the Chief Justice for Administration and Management that the employee be directed to terminate the outside employment. If the Chief Justice for Administration and Management or his/her designee accepts the recommendation, such outside employment shall be terminated upon notification in writing.

Employees of the Trial Court who are members of the Massachusetts Bar are prohibited from appearing on behalf of a litigant in any State or Federal Court unless they are acting within the scope of their employment or acting pro se.

8.300 Compensation

8.301 Compensation Rate for New Employees - Refer to section 4.400(D) of this Manual.

8.302 Position Classification

The duties, responsibilities, and qualifications required for each position shall be determined solely by the Employer. The assignment of such positions to a level within the Classification and Wage Compensation Plan for The Trial Court will be made solely by the Chief Justice for Administration and Management.

8.303 Credit for Prior Service

Employees who leave the Trial Court in good standing are entitled to benefits earned prior to termination if they are rehired within five years of the time period when they were on a court or Administrative Office payroll. These benefits shall be determined in accordance with the provisions of this Manual at the time of termination. There shall be no credit for any benefits if the employee's termination was involuntary or the result of disciplinary action. An employee's prior salary with the Trial Court may be considered in determining the step placement in the level of the position to which he/she is returning.

8.304 Step Rate Increases

An employee will advance to the next higher step rate in his or her level after each twelve months of creditable service until the maximum step 7 salary is reached unless a step rate increase is denied by the department head. A step rate increase will become effective on the employee's twelve month anniversary date. Time off the payroll such as leaves of absence without pay is not creditable service for the purpose of step rate increases unless such unpaid leave is for workers' compensation leave, maternity leave, medical leave or Family and Medical Leave Act leave. Step rate increases occur automatically in HR/CMS in the bi-weekly pay period in which the anniversary date occurs. A report is generated each bi-weekly pay period identifying the employees scheduled a step rate increase in that pay period. The Department Head must approve or deny the employees listed on that report.

In the event an employee is denied a step rate increase, he or she shall be given a written statement of the reasons therefore not later than five workdays preceding the date when the increase would otherwise have taken effect.

8.305 Salary upon Promotion - Refer to section 6.104 of this Manual.

8.400 Probationary Period

A. Newly Hired Managerial Employees

Newly hired employees, regardless of funding source, shall serve a six consecutive month probationary period from the commencement of permanent employment within which the employee's competency to perform and satisfy all requirements of the position will be determined. Time not actually worked shall not count toward satisfying the six month probationary period.

Newly hired employees whose performance is deemed unsatisfactory at the sole discretion of the appointing authority during the probationary period will be terminated prior to the expiration of said period.

Newly hired employees, while in the probationary period, shall be eligible to earn vacation and sick leave during their probationary period, and to take such earned vacation and sick leave at the discretion of the department head. The probationary period shall count in determining eligibility for other benefits. A probationary period will be deemed satisfactorily completed unless the employee's services have been terminated by his or her appointing authority before the completion of the probationary period.

B. Newly Promoted Managerial Employees

Newly promoted employees, regardless of funding source, shall serve a six consecutive month probationary period from the commencement of permanent promotion. Time not actually worked shall not count toward satisfying the six month probationary period. Newly promoted employees, while in the probationary period, shall be eligible to earn vacation and sick leave during their probationary period and to take such earned vacation and sick leave at the discretion of the department head.

C. Temporary or Acting Trial Court Positions

The probationary period for an employee whose employment or appointment status is other than permanent will exist as long as he or she continues to serve in a temporary or acting capacity. Time not actually worked shall not count toward satisfying the six month probationary period.

Newly hired employees may be terminated while serving in a temporary capacity at the sole discretion of the appointing authority. Employees serving in an acting capacity shall be returned to their former permanent position either upon completion of such assignment or at a time determined at the discretion of the appointing authority.

D. Extensions

A probationary period may be extended by agreement of the department head and the employee. A copy of the extension notice must be forwarded to the Human Resources Department.

8.500 Vacation

Employees whose vacation time is governed by statute automatically accrue their vacation on a bi-weekly basis in HR/CMS.

All Clerk-Magistrates, Assistant Clerks, and the Recorder of the Land Court, permanently appointed subsequent to January 1, 1987 in the District Court Department, the Boston Municipal Court Department, the Juvenile Court Department, the Housing Court Department, and the Land Court Department, are governed by the Trial Court vacation policy and procedure according to the schedule in section 8.500A of this Manual.

All Assistant Registers in the Probate and Family Court Department, the Deputy Recorder of the Land Court, and Assistant Clerks in the Superior Court Department are governed by the Trial Court vacation policy and procedures outlined in the schedule in section 8.500A of this Manual.

Those employees permanently appointed to (and while serving in) the position of Clerk-Magistrate or Assistant Clerk in the District Court Department, the Boston Municipal Court Department, the Juvenile Court Department, the Housing Court Department, the Recorder of the Land Court, prior to January 1, 1987 are entitled to 30 days vacation in each calendar year. Such time is accrued on an hour-per-hour basis and is credited at the end of each bi-weekly pay period automatically in HR/CMS.

Other employees hired prior to July 1, 1981 shall receive the amount of vacation to which they were entitled in the vacation year ending June 30, 1981, if the vacation time is in excess of that set forth in the Manual vacation schedule. Other employees hired subsequent to July 1, 1981 will receive vacation credited on a bi-weekly basis governed by the vacation schedule below.

A. Accrual of Vacation

B. Procedure

8.600 Sick Leave

Sick leave will automatically be credited in HR/CMS at the end of each bi-weekly pay period on an hour-per-hour basis for each hour worked or paid in accordance with the sick leave schedule for Trial Court employees in section 8.601(A) below. The accrual of sick leave is applicable as of the commencement of an employee's service in the court system except where otherwise stated in this Manual.

All Clerk-Magistrates, Assistant Clerks, and the Recorder of the Land Court, permanently appointed subsequent to January 1, 1987 in the District Court Department, the Boston Municipal Court Department, the Juvenile Court Department, the Housing Court Department, and the Land Court Department, are governed by the Trial Court sick leave schedule outlined in section 8.601(A) of this Manual.

All Assistant Registers in the Probate and Family Court Department, Deputy Recorder of the Land Court, and Assistant Clerks in the Superior Court Department are governed by the Trial Court sick leave schedule outlined in section 8.601(A) of this Manual.

Those employees permanently appointed to (and while serving in ) the position of Clerk-Magistrate or Assistant Clerk in the District Court Department, the Boston Municipal Court Department, the Juvenile Court Department, the Housing Court Department, and the Recorder, Land Court Department, prior to January 1, 1987 are entitled to 30 days sick leave in each calendar year and may not accumulate more than 180 days of sick leave notwithstanding the provisions of any policy in this Manual to the contrary.

8.601 Accrual of Sick Leave

A. Sick Leave Schedule

B. For those managerial employees who accumulate sick leave in accordance with the schedule outlined in subsection (A) above, there is no cap on the amount of sick leave that may be accumulated.

C. Sick leave will be accumulated on a bi-weekly basis.

D. Sick leave accrual shall be reduced on a pro-rata basis for any time spent on leave without pay or absent without pay during that month unless specified otherwise in this Manual.

E. An individual who is appointed to a Trial Court position with continuous state service prior to such appointment may transfer to the Trial Court the sick balance he or she has accrued in HR/CMS.

8.602 Notifications

A. Notification of absences must be given by the employee, or his/her designee with the approval of the department head, to his/her department head as early as possible on the first day of absence. Such approval of a designee will not be unreasonably denied. If such notification is not made, such absence may, at the discretion of the department head, be applied to absence without pay.

8.603 Use of Sick Leave

A. Sick leave shall be granted at the discretion of the department head to an employee only under the following conditions:

1. When an employee cannot perform his/her duties because he/she is incapacitated by personal illness or injury;

2. When the spouse, domestic partner, child, or parent of either the employee or his or her spouse or a person living in the immediate household of an employee is seriously ill; the employee may utilize sick leave credits up to a maximum of 15 days per calendar year (112.5 hours);

3. When through exposure to contagious disease, the presence of the employee at his/her work location would jeopardize the health of others;

4. When appointments with a doctor or any other health provider cannot be reasonably scheduled outside of normal working hours for purposes of medical treatment or diagnosis.

B. Sick leave must be charged against unused sick leave credits in units of no less than ½ hour, but in no event may the sick leave credits used be less than the actual time off.

C. Any employee having no sick leave credits, who is absent due to illness or injury, may be placed upon request and with the approval of the department head on credited and unused vacation leave or medical leave without pay. Such leave shall be charged on the same basis as provided in subsection (B). Such requests shall not be unreasonably denied. The Trial Court will continue to pay its portion of group health and life insurance premiums for employees on medical leave.

D. No employee shall be entitled to a leave under the provisions of this Manual in excess of the accumulated sick leave credits due such employee.

E. Employees whose service with the Trial Court is terminated or who voluntarily resign shall not be entitled to any compensation in lieu of accumulated sick leave credits. However, employees who retire under the provisions of GL c. 32 or who become deceased while they are an employee of the Trial Court may be paid 20 percent of their earned, unused, accrued sick leave, as of the effective date of their retirement or death, at their base salary rate in effect at the time of retirement or death. In the case of a deceased employee, payment will be made to the surviving beneficiary(s) legally designated by the employee under the State's Retirement System, or if there is no such beneficiary(s), to the estate of the deceased employee. It is understood that any such payment will not change the employee's pension benefit.

F. Sick leave earned by an employee following a return to duty after a leave without pay or absence without pay will not be applied retroactively to such leave or absence.

G. Employees who use three (3) or fewer sick days (22.5 hours) in a calendar year shall receive one (1) additional vacation day (7.5 hours) to be used in accordance with Section 8.500.

8.604 Abuse of Sick Leave

A. When the department head has reason to believe that sick leave is being abused, the department head may require the employee to submit satisfactory medical evidence of illness and/or be examined by a physician to be determined by the department head. The Trial Court will pay the cost of the examination by the physician designated by the department head. If an employee so desires, he/she may also be represented by a physician of his/her choice at his/her expense.

B. Failure of the employee to produce such evidence within seven calendar days of its request, or to take such physical examination, may result, at the discretion of the department head, in denial of sick leave for the period of absence.

C. Any unauthorized absence may be the basis for disciplinary action pursuant to section 16.000 of this Manual.

D. Abuse of sick leave may be the basis for disciplinary action pursuant to section 16.000 of this Manual.

8.605 Return to Work

Upon return to work following a sick leave in excess of five (5) consecutive work days, a managerial employee may be required to undergo a medical examination to determine his or her fitness for work. The employee, if he or she so desires, may be represented by a physician of his or her choice.

8.700 Holidays

8.701 Holidays

A. The following days shall be holidays for employees as defined in GL c. 4, s. 7:

B. All holidays shall be observed on the Commonwealth's legal holiday unless an alternative day is designated by the Chief Justice for Administration and Management.

8.702 Additional Holidays

A. Employees working in Suffolk County are entitled to the following additional holidays:

Evacuation Day
Bunker Hill Day

B. An employee entitled to a Suffolk County holiday and who is scheduled to work on the holiday will be entitled to a day off with pay within 6 months following the holiday at a time approved by the department head.

C. An employee not entitled to Evacuation Day and Bunker Hill Day as legal holidays, and who is scheduled to work on such holidays, shall be entitled to a day off with pay, within 6 months following the holiday, to be taken at a time approved by his/her department head.

D. An employee who is not scheduled to work on aforesaid holidays shall be entitled to a day off with pay, within 6 months following the holiday, to be taken at a time approved by his/her department head.

8.703 Working on Holidays

An employee required to work on a holiday shall receive an alternative day off with pay within 6 months following the holiday at a time approved by his/her department head.

8.704 Eligibility for Holiday Pay

To qualify for holiday pay, an employee must "actually work" his or her last regularly scheduled workday preceding the holiday and the first regularly scheduled workday following the holiday. The term "actually work" for purposes of this section only, shall be deemed to include paid leaves of absence as authorized pursuant to this Manual, subject to the approval of the department head.

When a holiday occurs on a day that is not an employee's regular workday, he or she shall be entitled to one alternate day off with pay within 6 months following the holiday, to be taken at a time approved by the department head. An alternate day off for such holidays must be taken in a full day increment.

An absence without pay approved by the employee's department head or an absence without the authorization of the employee's department head on the last regularly scheduled workday preceding a holiday or on the first regularly scheduled workday following the holiday shall not count as time actually worked for purposes of this section.

An employee who is granted sick leave for a holiday on which he or she is scheduled to work may receive an alternate day off for that holiday.

An employee is not entitled to be paid for unused holidays at the time of his or her termination.

8.705 Religious Holidays

An employee, with the approval of his/her department head, may take vacation or personal leave to observe a religious holiday.

8.706 Prorated Holidays for Part-time Employees

Part-time employees will earn holiday pay in the same proportion that their service bears to full-time service. Part-time employees who are scheduled but not required to work on a holiday and would receive less in holiday pay than in regular pay for the hours they were regularly scheduled to work may use other available leave time, or upon the request of the employee and the approval of the department head, may make up the difference in hours that same workweek. When a holiday occurs on a day that is not an employee's regular workday, he or she shall receive a pro-rata amount of compensatory time off with pay within 6 months following the holiday to be taken at a time approved by the department head. Such compensatory time off must be used in the same increment in which it is earned.

An employee who is on leave without pay or absent without pay for that part of his or her scheduled workday immediately preceding or immediately following a holiday that occurs on a regularly-scheduled workday for which the employee is not required to work shall not receive holiday pay for the holiday.

8.800 Leave of Absence

8.801 Leave of Absence Procedure

An unpaid leave of absence may be granted by the department head with the approval of the Departmental Chief Justice (as appropriate) and the Chief Justice for Administration and Management. A request for a leave of absence must be processed through the submission of an Employee Request for Unpaid Leave of Absence form (Appendix C, Form F18).

8.802 Types of Leave

A. Unpaid Personal Leave. An unpaid personal leave of absence may be granted for a period not to exceed two months or as extended in accordance with section 8.804 of this Manual. A leave of absence without pay may be granted for any reasonable purpose including, but not limited to, educational semesters or personal matters, or to care for or to arrange care of a family member as defined in this Manual.

B. Leave Under the Family and Medical Leave Act (FMLA leave)

1. An employee who has completed twelve months of employment and has worked at least 1250 hours in the previous 12-month period is entitled to 12 weeks of unpaid leave for the following reasons:

a. for the birth of a child or to care for such child;

b. for the placement of a child with the employee for adoption or foster care;

c. to care for a spouse, child, or parent with a serious health condition; or

d. for the employee's own serious health condition.

2. An employee's entitlement to 12 weeks of FMLA leave shall be calculated by measuring backward from the date an employee uses any FMLA leave. An employee may only receive 12 weeks of FMLA leave in any such calculated 12-month period. In the event that the employee has a spouse employed by the Trial Court, the employee and spouse are jointly entitled to a combined total of 12 weeks of FMLA leave for the birth, adoption or placement of a child or to care for a parent with a serious health condition. Each employed spouse is entitled to 12 weeks of FMLA leave for his or her own serious health condition.

3. An employee requesting leave for any of the eligible reasons may have that leave period designated by the department head as FMLA leave. The employee need not expressly designate the leave request as FMLA leave. Both paid and unpaid leaves may be designated by the department head as FMLA leave.

4. An employee requesting FMLA leave must give the department head at least 30 days advance notice of leave, to the extent advance notice is practicable. The department head may require certification on a form provided by the Trial Court from a doctor or other health care provider concerning the serious health condition. Such certification must be provided by the employee to his or her department head within 15 days from the date it is requested. The department head may also require the employee to obtain a second opinion from a health care provider designated by the Trial Court and at the Trial Court's expense. If the two certifications then differ, the Trial Court and employee shall agree on a third health care provider who will provide a final and binding opinion, at the Trial Court's expense. The Trial Court may request an update of the certification at any time after 30 days from the initial certification and every 30 days thereafter. The Trial Court may require the employee to provide certification of his or her fitness to return to work as a condition of restoration to his or her job.

5. FMLA leave for purposes of the birth, adoption or placement of child must be completed within 12 months of the birth, adoption or placement and must be taken all at one time, up to the 12-week maximum.

6. FMLA leave for a serious health condition may be taken intermittently or on a reduced time basis only if such a schedule is needed for medical reasons. An employee shall schedule any medical treatment so as to create minimum disruption for his or her court department.

7. The employee may elect, or the department head may require, the employee to substitute paid vacation, personal leave or paid sick leave as otherwise provided for in this agreement, as part or all of the 12-week FMLA leave period.

8. An employee will be returned to the same or an equivalent position upon return to work after FMLA leave and will retain the right to receive any benefits for which he or she was eligible as of the date of the leave.

9. The Trial Court will continue to pay its portion of group health and life insurance premiums for employees on FMLA leave. An employee on unpaid FMLA leave will be required to submit his or her share of group health and life insurance premiums in a manner as provided by the Group Insurance Commission.

C. Maternity Leave. Unpaid maternity leave shall be granted in accordance with the provisions of GL c. 149, s. 105D. Eligible employees may take such leave for the purpose of giving birth or for adopting a child under the age of eighteen or for adopting a child under the age of twenty-three if the child is mentally or physically disabled. Also, if an employee has earned, accrued sick leave or vacation credits at the commencement of her maternity leave, she may use such leave credits for which she is eligible pursuant to sections 8.500 (vacation) and 8.600 (sick leave) of this Manual. An employee shall be presumed to be incapacitated by the birth of a child for a minimum of six weeks following such birth and may, upon request, use up to six weeks of her accrued sick leave without providing specific medical documentation of incapacity.

D. Jury/Witness Duty. Upon presenting a summons for Jury Duty to his/her department head, an employee shall be granted leave with pay for the duration of such service. If the jury adjourns early or the employee is not chosen as one of the jurors, he/she shall report to work.

1. If jury fees received by the employee amount to more than the employee's regular rate of compensation, he/she may retain such fees and shall turn over the regular rate of compensation, together with a court certificate of service, to his/her department head. If jury fees amount to less than the employee's regular rate of compensation, he/she shall turn over said fees with a court certificate of service to his/her department head. Expenses reimbursed by the court for travel, meals, room, hire, etc., for jury or witness duty shall be retained by the employee and shall not be considered part of the jury fee.

2. An employee summoned as a witness in court or before an administrative agency shall be granted court leave with pay upon filing of the appropriate notice of service with his/her department head, except that this section shall not apply to an employee who is also in the employ of any town, city or county of the Commonwealth or in the employ of the Federal government or any private employer and who is summoned on a matter arising from that employment.

3. All fees for court service, except jury fees paid for service rendered during office hours, must be paid to the Commonwealth. Any fees paid to an employee for court service performed during a vacation period may be retained by the employee. The employee shall retain expenses paid for travel, meals, room, etc.

4. No court leave shall be granted when the employee is the defendant, is engaged in personal litigation or is testifying in non-job related litigation.

E. Military Leave. A full-time employee who leaves to serve in the armed forces of the United States shall be entitled to a military leave of absence without pay and shall be entitled to the reemployment benefits granted under the Uniformed Services Employment and Reemployment Rights Act, as amended. If the employee does not return to work in the Trial Court within 90 days after discharge by the military, he or she shall be deemed to have resigned from the Trial Court.

Any full-time employee of the Trial Court who is a member of a reserve component of the United States armed forces is entitled to a leave of absence without loss of pay and fringe benefit accumulation on all days during which he or she is ordered to training duty, as distinguished from active duty. This leave of absence may not exceed 34 working days in any calendar year.

An employee shall be entitled during the time of his or her service in the armed forces of the Commonwealth under sections 38, 40, 41, 42 or 60 of Chapter 33 of the General Laws to receive pay therefore without loss of his or her ordinary remuneration as an employee.

F. Leave for Political Office and Political Activity.

1. Leave for Political Office

An employee who becomes a candidate for any federal, state, county or municipal elected office, until the election is decided or until he/she ceases to be a candidate, must:

a. request a leave of absence without pay; or

b. take accrued vacation time; or

c. receive prior approval of the Chief Justice for Administration and Management to continue employment without taking an unpaid leave of absence.

Requests for a leave of absence shall be made in writing by the employee to his/her department head. If the employee is elected, such leave of absence may be extended until such time as he/she ceases to hold office.

Requests for approval to continue employment without taking a leave of absence shall be made in writing by the employee to the Chief Justice for Administration and Management and shall set forth in detail the nature of the political office sought and the duties of the position held by the employee in the Trial Court and shall be accompanied by an opinion from the State Ethics Commission and, if applicable, the Advisory Committee on Ethical Opinions for Clerks of the Courts, concerning the existence of any conflict of interest affecting the employee's action. The Chief Justice for Administration and Management will review the request in light of the balancing test set forth in Williams v. Mason, et al., CA 91-30218-F, United States District Court for the District of Massachusetts.

2. Political Activity

a. All employees of the Trial Court may participate in political activity during non-duty hours as long as such participation does not create a conflict of interest, is consistent with existing statutes and rules of court, and does not occur during the regularly scheduled workday.

b. Employees who choose to participate in political activity shall not use their Trial Court position in connection with such political activities.

c. Employees may not use Trial Court supplies, equipment, or facilities in connection with any political activity.

G. Leave for Transfer Within the Trial Court. A leave without pay may be granted to an employee to allow the employee to assume another position within the Trial Court. The period of the leave will not exceed the probationary period for the position the employee is assuming. The request should be submitted in writing to the department head, who will indicate approval/disapproval. The department head will forward the request to the Departmental Chief Justice and, in the case of Probation Officers, to the Commissioner of Probation in addition to the Departmental Chief Justice. The Departmental Chief Justice and the Commissioner of Probation, where applicable, will then forward such requests with their recommendations to the Chief Justice for Administration and Management. Such leaves shall not be processed through HR/CMS.

H. Bereavement Leave. An employee shall be granted a leave of absence with pay to the extent necessary but not in excess of four days upon evidence satisfactory to the department head of the death of:

1. a spouse, domestic partner, child, parent, guardian, grandparent, grandchild, brother, sister, step-parent, or stepchild of employee;

2. a parent, grandparent, brother or sister of employee's spouse or domestic partner; or

3. a person living in the household of the employee.

I. Workers' Compensation.

1. Employees absent due to injuries received on the job in the service of the Trial Court which are compensable under the Workers' Compensation Act (GL c. 152) will receive the following benefits for the first twenty-four months while on such leave:

a. earned, accrued sick leave as if the employee were regularly employed;

b. creditable service for determining rate of vacation under section 8.500 of this Manual

c. creditable service for step increase purposes;

d. retention of rights to the employee's position.

2. Employees using accumulated sick or vacation leave to supplement Workers' Compensation benefits shall not receive pro-rated sick or vacation leave as provided in sections 8.500 or 8.600 in addition to that provided in A, above.

3. Employees receiving partial disability payments under the Workers' Compensation Act and working less than a full time schedule shall also accrue vacation leave on a pro-rata basis as provided in section 8.500 of this Manual and shall not be subject to the twenty-four month limitation on their rights to retain their position.

4. In order for an employee receiving Workers' Compensation to receive Trial Court group health and life insurance rates, the employee must be on an approved medical leave of absence.

J. Small Necessities Leave Act. Trial Court employees are eligible to receive up to 24 hours of unpaid leave to attend to various family obligations under G. L. c.149, s52D, commonly referred to as the "Small Necessities Leave Act".

8.803 Return from Leave

Policy

Employees who do not return to work upon the expiration of an approved leave or after notice that they are absent without leave will be considered to have voluntarily resigned.

8.804 Extension of Leave

Policy

A request from an employee for an extension of leave beyond the time limits as set forth in this Manual requires the approval of the Chief Justice for Administration and Management in consultation with the employee's department head and the Departmental Chief Justice.

8.900 Paid Personal Leave

Policy

Full-time employees as of January 1st of each calendar year shall receive 3 personal days (22.5 hours) in the first bi-weekly pay period of the calendar year. Employees hired after that date receive personal days on a pro-rata basis for each full month of employment. Credited paid personal leave days may be taken in the calendar year in which they are earned and credited, at a time requested by the employee provided such request has the prior approval of the employee's department head. If, under emergency situations, prior approval of the employee's department head is not possible, paid personal leave shall not be unreasonably denied. Any paid personal leave not taken by December 31^st in the calendar year it is earned and credited will be forfeited by the employee. Part-time employees will be credited on a pro-rata basis. Personal leave may be used in conjunction with vacation leave. Up to 3 days (22.5 hours) of personal leave may be taken in 2 hour increments at the beginning or end of the work day with the approval of the department head or may be taken in increments of no less than one-half day (3.75 hours). Newly-hired employees who terminate within one year of date of hire who have used credited paid personal days at a rate in excess of 1/4 day (1.875 hours) per month for each month of service up through the date of termination will be required to pay such excess time back at the time of termination. Three days is the maximum number of personal days an employee may earn and take in one calendar year. Unused personal days may not be bought back upon termination.

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