§ 36-4-63 - Sick leave and other leave – Effect of discharging upon overtime work and overtime compensation.
SECTION 36-4-63
§ 36-4-63 Sick leave and other leave– Effect of discharging upon overtime work and overtime compensation.– (a) For each discharge with pay of three (3) consecutive days of sick leave, anemployee's appointing authority shall require a physician's certificate orother evidence satisfactory to the appointing authority. Sick leave is herebydefined to mean a necessary absence or absences from duty due to an employee'sillness, injury, or exposure to contagious disease. In the event that therequired evidence satisfactory to the appointing authority is not presented bythe employee prior to or upon the conclusion of that leave, no payment of anycompensation to which the employee would otherwise be entitled shall be madeand the employee shall be considered for all purposes as having been absentwithout leave.
(b) In any given pay period in the event that an employeedischarges any sick leave or leave of a type referred to in subsection (a) ofthis section, either with pay or without pay, he or she shall be permitted towork overtime only after he or she has worked his or her full thirty-five (35)or forty (40) hours, whichever is appropriated for the job classification. Thissubsection shall also apply to leave without pay which is taken by an employeefor purposes other than those purposes referred to in subsection (a) of thissection excluding, specifically, planned vacation days, personal days, andleave for death in employee's immediate family.
(c) Overtime, for purposes of this section, shall mean theperformance of hours of work in any work week which are in excess of anemployee's established work week schedule, or when requested by the employer.Hours which are paid for but not actually worked except planned vacation days,personal days, jury duty, and leave for death in the employee's immediatefamily shall not be counted as hours worked nor shall they otherwise be used incomputing overtime compensation.
(d) The provisions of subsection (b) of this section shallnot be applicable to employees in the nonstandard category.
(e) Notwithstanding other subsections of this section, anemployee who is granted leave with or without pay for the purpose of fulfillinga military obligation shall be eligible to perform overtime work.
(f) Notwithstanding the provisions of any other law, it shallbe unlawful for any state agency or any person or persons acting on behalf ofthe agency, to agree to, or enter into any agreement including a collectivebargaining agreement or any amendment, modification, extension, or replacementthereof, whether verbal or written, which contains provisions that areinconsistent with the provisions of this section and the inconsistentprovisions shall be null and void, whether the provisions result from agreementor the award of an arbitrator or arbitration panel under the provisions ofchapter 11 of this title.