Leave Benefits

Employees in Full-time Equivalent (FTE) positions earn annual leave at a rate of one and one-fourth (1¼) days for each month of continuous employment. Employees must work at least one-half (½) of the workdays of the month to accrue leave earned for that month. After ten years of service, employees begin to earn bonus leave. A maximum of thirty (30) days annual leave may be taken in a calendar year and a maximum of forty-five (45) days annual leave may be carried over as of January 1.

Questions About Annual Leave

Eligibility

Q: Who is eligible to earn annual leave?
A: Employees in full-time equivalent (FTE) positions who are scheduled to work at least one-half of the workweek on a 12-month basis or the equivalent of one-half of the workweek during the full school or academic year of nine months or more are eligible to earn annual leave. Teaching personnel and officials of academic rank at institutions of higher learning do not earn annual leave under these regulations.

Leave Accrual Rates

Q: How much annual leave is earned each month by a full-time employee who has less than 10 years of State service? 
A: An employee with service time of less than 10 years earns annual leave at the rate of 1 1/4 workdays (9.38 Hours) per month.

Bonus Annual Leave

Q: What is bonus annual leave?
A: An employee with State service time of more than 10 years earns a bonus of 1 1/4 workdays of annual leave per year for each year of service over 10 years.
Q: When does an employee begin earning bonus annual leave?
A: An employee shall begin earning bonus annual leave on a calendar month basis beginning the month after his  or her leave accrual date.

Annual Leave Maximum Usage

Q: What is the maximum number of annual leave days that may be used by an employee in any one calendar year?
A: Generally, an employee may not use more than 30 workdays (225.00 hours) of annual leave in any one calendar year.
Q: Under what circumstances can an employee exceed the 30-day maximum annual leave usage?
A: For Family and Medical Leave Act (FMLA)-qualifying reasons or emergency or extreme hardship conditions as referenced in § 8-11-670 of the SC Code of Laws, an agency may allow an employee who has used all accumulated sick leave and 30 days (225.00 hours) of annual leave to use any remaining annual leave for emergency or extreme hardship conditions as referenced in SC Code of Laws § 8-11-670.

Maximum Annual Leave Carryover

Q: How much annual leave can an employee carry over from one calendar year to the next?
A: Generally, an employee may carry over 45 workdays (337.50 hours) of annual leave from one calendar year to the next.

Payment of Unused Annual Leave Upon Separation

Q: When an employee separates from State service, how is his or her annual-leave balance affected?
A: Upon separation from employment, an employee will receive a lump-sum payment for unused annual leave not to exceed 45 days (337.50 hours). Exceptions: (1) Retired members of the South Carolina Police Retirement System (PORS) who are hired by the State are not eligible for a lump-sum payment for unused leave regardless of initial retirement date. (2) Employees who began participation in the TERI program after June 30, 2005, are not eligible for a lump-sum payment upon their entrance into the TERI program. They are eligible for a lump-sum payment when their TERI period ends or when they otherwise separate from State service. (3) All other retirees who were hired by the State after June 30, 2005, are not eligible for a lump-sum payment for unused leave.
Q: What should be included when calculating the annual leave payout for an employee?
A: The annual leave payout should be calculated based on the employee's final rate of pay, including longevity, temporary salary adjustments, or any other pay that the employee is receiving at the time of separation.

Family Medical Leave Act (FMLA) was passed by Congress in 1993 to help employees who must take leave due to either their illness or injury or that of an immediate family member. FMLA can help employees take care of personal or family medical responsibilities while still maintaining their jobs. It also allows an employee's health benefits to continue without interruption or, if they opt to interrupt them, the benefits must be reinstated when employees return to work. Most importantly, FMLA protects an eligible employee's position for 12 weeks and guarantees that eligible employees will be reinstated to the same or an equivalent position with the same pay and benefits, if they ever have to take leave for serious family or health situations.

To qualify, you must have been employed by the state for 12 months and worked 1250 hours in the 12 months preceding the FMLA event. The required total of 12 months of employment need not be consecutive. FMLA leave can be paid or unpaid leave.  However, eligible employees will be required to substitute their accrued sick leave for unpaid FMLA leave when the FMLA leave request qualifies for sick leave usage; an eligible employee may elect to substitute accrued annual leave for unpaid FMLA leave. FMLA protects your job while you are out. Your leave balances are what provide you an income.

For more information, please review Procedure 3.3.9.1 Family Medical Leave Act (FMLA) located in the College's online Policy & Procedure Manual.

If you believe your absence qualifies for FMLA, please let Human Resources know so they may contact you about your rights under the Family Medical Leave Act. Call Paula Shaw at ext. 7134 or e-mail Paula.Shaw@hgtc.edu.

Employee's Rights and Responsibilities under FMLA

Family Medical Leave Act Guidelines 

In lieu of the accrual of annual leave and in recognition of normal State Holidays, provisions are made to grant full time (FTE) faculty non-work days, per 39-week (9-month) academic year. The faculty calendar provides 150 hours of faculty non-work days. Additionally, at a minimum, each faculty member will be provided 22.50 hours "optional" faculty non-work day hours. 

Employees in Full-time Equivalent (FTE) positions earn sick leave at a rate of one and one-fourth (1¼) days for each month of continuous employment. Employees must work at least one-half (½) of the workdays of the month to accrue leave earned for that month. A maximum of one hundred eighty (180) days sick leave may be carried over as of January 1.

Questions About Sick Leave

Eligibility

Q: Who is eligible to earn sick leave?
A: Employees in full-time equivalent (FTE) positions who are scheduled to work at least one-half of the workweek on a 12-month basis or the equivalent of one-half of the workweek during the full school or academic year of nine months or more are eligible to earn sick leave.

General Sick Leave Guidelines

Q: For what reasons can an employee use sick leave?
A: An employee can use sick leave for personal illness or injury, exposure to a contagious disease, appointment for medical or dental examination or treatment, sickness during pregnancy or other temporary disabilities, treatment for alcoholism, caring for ill members of immediate family, and caring for an adoptive child.
Q: Can an agency request verification of the need for sick leave before approving the employee's request?
A: The use of sick leave is subject to verification. The agency may require the certificate of a health care practitioner verifying the need for sick leave and giving the inclusive dates.
Q: Can an employee request sick leave while on annual leave?
A: If an employee on annual leave becomes ill, the portion of leave attributed to the illness may be used as sick leave at the agency's discretion.
Q: Can an agency request a second medical opinion to verify an employee's health condition?
A: An agency can request a second opinion in compliance with the Americans with Disabilities Act (ADA) and Family Medical Leave Act (FMLA) guidelines. If a second opinion is requested, the agency will be required to cover the expenses. The agency may also select the doctor to use for the second opinion.

Rate of Earnings

Q: How much sick leave does a full-time employee in an FTE position earn each month?
A: A full-time employee in an FTE position earns sick leave at the rate of 1.25 workdays (9.38 hours) per month or 15 workdays (112.50 hours) per year.

Maximum Sick Leave Carryover

Q: What is the maximum number of sick leave days a full-time employee in an FTE position may carry over from one calendar year to the next? 
A: An employee in an FTE position may carry over a maximum of 180 days (1350.00 hours) from one calendar year to the next.

Treatment for Alcoholism

Q: Can an employee use sick leave for treatment of alcoholism?
A: An employee can use sick leave for treatment for alcoholism, which is recognized in South Carolina as a treatable illness. Sick leave will be granted for the purpose of participating in public and private treatment and rehabilitation programs, which have been approved by the S.C. Department of Mental Health.

Adoption

Q: Can an employee who adopts a child use sick leave associated with the adoption?
A: An employee who adopts a child may use up to six weeks of sick leave to care for the child after placement. To be approved for this leave, the employee must be the person who is primarily responsible for furnishing the care and nurture of the child. However, if both parents are employed by the State of South Carolina, only one parent may qualify for the adoption leave.

Separation From Employment

Q: What happens to an employee's unused sick leave balance upon separation from employment?
A: Upon separation from employment, an employee forfeits all earned sick leave.

Employees may use up to ten (10) days family sick leave annually to care for immediate family members. For the purposes of family sick leave, "immediate family" is defined as the employee's spouse and children and the following relations to the employee or the spouse of the employee: mother, father, brother, sister, grandparent, or legal guardian and grandchild, if the grandchild resides with the employee and the employee is the primary caretaker of the grandchild. The amount used will be deducted from the employee's sick- leave balance.

Questions About Family Sick Leave

Q: How many days of sick leave can an employee use per year to care for ill members of his or her immediate family?
A: An employee may not use more than ten days (75.00 hours) of sick leave to care for ill members of his or her immediate family.
Q: How is immediate family defined for purposes of family sick leave?
A: The employee's immediate family means the employee's spouse and children and the following relations to the employee or the spouse of the employee: mother, father, brother, sister, grandparent, legal guardian, and the grandchildren.
Q: Can an employee use family sick leave for a family member's doctor appointment?
A: An employee may use the ten days of family sick leave for family members' doctor appointments.
Q: Does an employee earn 15 days of sick leave each year in addition to 10 days of family sick leave each year?
A: An employee may earn a maximum of 15 days of sick leave each year, 10 days of which may be used as family sick leave.

Employees are allowed up to three (3) consecutive days of leave with pay upon the death of immediate family members. For the purposes of family death, immediate family is defined as the spouse, great-grandparents, grandparents, parents, legal guardians, brothers, and spouse of brothers, sisters, spouse of sisters, children, and spouse of children, grandchildren, great-grandchildren of either the employee or the spouse. Employees requesting leave for family death must submit a statement to their supervisor stating the name and relationship of the deceased.

Employees summoned as a member of a jury panel or subpoenaed as a witness will be granted court leave with pay. The employee must provide a copy of the legal documentation requiring his/her presence in court.

Voting Leave, Military Leave (short-term/long-term), Blood Drive and Donation Leave, Bone Marrow Donor Leave, Organ Donor Leave, American Red Cross-Certified Disaster Leave, Administrative Leave, Extended Disability Leave, Workers' Compensation Leave, and Family Medical Leave Act (FMLA) are administered in accordance with federal and state guidelines.