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600 E Boulevard Ave
Dept 113
Bismarck, ND 58505-0120

Phone · 701.328.3290
Fax · 701.328.1475
Email · hrms@nd.gov

Employment Verification · 701.328.2677

Managers: Laws and Rules

Annual Leave

Annual leave is an approved absence from work with pay for a vacation or for other purposes.

Annual leave is earned by each regular employee of the state at the rate of between 8 and 16 hours a month depending on the employee's length of service. The following leave accrual schedule is recommended:

Leave Accrual Schedule

Years of Service Hours Per Month Hours Per Year
0-3
8
96
4-7
10
120
8-12
12
144
13-18
14
168
18+
16
192

Annual leave accrues on a prorated basis for a fraction of a month.

Only 240 hours of annual leave may be carried beyond April 30 of each year. Hours in excess of 240 hours will be lost.

Unless an employee transfers to a different agency, takes a long-term leave of absence, or leaves the service of the state, the employee will not be paid for annual leave that is not used.

If an employee transfers from one agency to another, the employee retains only as many annual leave hours as the "receiving" agency agrees to accept. The "sending" agency must pay the employee for all other accumulated unused annual leave hours.

All accrued annual leave is payable upon resignation or termination.

If an employee leaves and then returns to the service of the state within three years, the employee will be credited with their previous years of service for the purpose of determining their annual leave accrual rate.

Temporary employees do not earn annual leave. However, if a temporary employee becomes regular, credit will be given by the agency for the employee's prior length of service, for the purpose of determining the annual leave accrual rate.

Recommendations

The parties to a transfer should agree on the number of annual leave hours that will be retained by the employee prior to the transfer taking place.

References

NDCC 54-06-14
NDCC 54-52.4
NDAC 4-07-12

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