Alabama Administrative Code

Author: Notes Ala. Admin. Code r. 660-5-9-.08 Effective October 11, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. Statutory Authority: Code of Ala. 1975, § 38-4-5, §§ 41-22-1 through -27.

Author: Notes Ala. Admin. Code r. 660-5-9-.09 Effective October 11, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. Statutory Authority: Code of Ala. 1975, § 38-4-5, §§ 41-22-1 through -27.

Author: Notes Ala. Admin. Code r. 660-5-9-.10 Effective October 11, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. Statutory Authority: Code of Ala. 1975, § 38-4-5, §§ 41-22-1 through -27.

Author: Notes Ala. Admin. Code r. 660-5-9-.11 Effective October 11, 1983. Emergency repealer effective October 1, 1983. Permanent repealer effective January 9, 1984. Statutory Authority: Code of Ala. 1975, § 38-4-5, §§ 41-22-1 through -27.

(Repealed). Author: Notes Ala. Admin. Code r. 660-5-91-.01 Effective June 29, 1983. Repealed: Filed February 18, 1999; effective March 25, 1999. Statutory Authority: Disaster Relief Act of 1974, P.L. 93-288, 88 Stat. 143, 42 U.S.C. 5121 through 5202; Flood Disaster Protection Act…

(Repealed). Author: Notes Ala. Admin. Code r. 660-5-91-.02 Effective June 28, 1983. Repealed: Filed February 18, 1999; effective March 25, 1999. Statutory Authority: Disaster Relief Act of 1974, P.L. 93-288, 88 Stat. 143, 42 U.S.C. 5121 through 5202; Flood Disaster Protection Act…

(Repealed). Author: Notes Ala. Admin. Code r. 660-5-91-.03 Effective June 28, 1983. Repealed: Filed February 18, 1999; effective March 25, 1999. Statutory Authority: Disaster Relief Act of 1974, P.L. 93-288, 88 Stat. 143, 42 U.S.C. 5121 through 5202; Flood Disaster Protection Act…

(Repealed). Author: Notes Ala. Admin. Code r. 660-5-91-.04 Effective June 28, 1983. Repealed: Filed February 18, 1999; effective March 25, 1999. Statutory Authority: Disaster Relief Act of 1974, P.L. 93-288, 88 Stat. 143, 42 U.S.C. 5121 through 5202; Flood Disaster Protection Act…

(Repealed). Author: Notes Ala. Admin. Code r. 660-5-91-.05 Effective June 28, 1983. Repealed: Filed February 18, 1999; effective March 25, 1999. Statutory Authority: Disaster Relief Act of 1974, P.L. 93-288, 88 Stat. 143, 42 U.S.C. 5121 through 5202; Flood Disaster Protection Act…

(Repealed). Author: Notes Ala. Admin. Code r. 660-5-91-.06 Effective June 28, 1983. Repealed: Filed February 18, 1999; effective March 25, 1999. Statutory Authority: Disaster Relief Act of 1974, P.L. 93-288, 88 Stat. 143, 42 U.S.C. 5121 through 5202; Flood Disaster Protection Act…

(Repealed). Author: Notes Ala. Admin. Code r. 660-5-91-.07 Effective June 28, 1983. Emergency amendment effective October 1, 1983. Permanent amendment effective January 9, 1984. Repealed: Filed February 18, 1999; effective March 25, 1999. Statutory Authority: Disaster Relief Act …

(Repealed). Author: Notes Ala. Admin. Code r. 660-5-91-.08 Effective June 28, 1983. Repealed: Filed February 18, 1999; effective March 25, 1999. Statutory Authority: Disaster Relief Act of 1974, P.L. 93-288, 88 Stat. 143, 42 U.S.C. 5121 through 5202; Flood Disaster Protection Act…

(Repealed). Author: Notes Ala. Admin. Code r. 660-5-91-.09 Effective June 28, 1983. Repealed: Filed February 18, 1999; effective March 25, 1999. Statutory Authority: Disaster Relief Act of 1974, P.L. 93-288, 88 Stat. 143, 42 U.S.C. 5121 through 5202; Flood Disaster Protection Act…

The Merit System Law was passed on March 2, 1939. Notes Ala. Admin. Code r. 670-X-1-.01 Filed September 29, 1981. Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/24/2015. Author: Statutory Authority: Code of Ala. 1975, § 36-26-1.

To assure all citizens of demonstrated capacity, ability and training an equal opportunity to compete for service with the State of Alabama, to establish conditions in the state service which will attract officers and employees of character and capacity and to increase the effici…

The Merit System Law provides for a State Personnel Department with a State Personnel Board and a State Director of Personnel, with the Director as head of the department. The law also provides for offices to be located in the City of Montgomery as headquarters of the Department.…

(1) General. (a) Appointment. The Personnel Board consists of five persons who serve six-year staggered terms. Two persons are appointed by the Governor, one by the Lieutenant Governor, one by the Speaker of the House of Representatives, and one is a classified employee elected b…

Every person appointed to a position in the classified service after certification of his name from a promotion list or an employment list shall be tested by a probationary period while occupying such position. During this period the employee may be removed if he is unable or unw…

No employee is allowed a transfer during the probationary period unless the Director determines that such employee would have been eligible for appointment at the time of his initial appointment to the new agency. Notes Ala. Admin. Code r. 670-X-10-.02 Filed May 24, 1985. Amended…

Notes Ala. Admin. Code r. 670-X-10-.03 Filed May 24, 1985. Repealed by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/24/2015. Author: Statutory Authority: Code of Ala. 1975, § 36-26-21.

The Director shall administer regulations for maintaining uniform and equitable hours of work required of all employees in the state service, as adopted by the Board, and approved by the Governor. Notes Ala. Admin. Code r. 670-X-11-.01 Filed September 29, 1981. Amended by Alabama…

All employees in the state service shall be in attendance at their work in accordance with the rules regarding hours of work, holidays and annual, sick, military and special leaves of absence with or without pay, as provided in these rules. Author: Notes Ala. Admin. Code r. 670-X…

Employees shall be in pay status when actually working, when on authorized leave, and on holidays, and other nonwork days coming between days when they are otherwise in "pay status." Notes Ala. Admin. Code r. 670-X-11-.03 Filed September 29, 1981. Amended by Alabama Administrativ…

A 40-hour week shall be used for the purpose of calculating the pay of employees paid on a semi-monthly basis. A work day is the set schedule for which work is to be performed. Notes Ala. Admin. Code r. 670-X-11-.04 Filed September 29, 1981. Emergency Rule: Filed October 19, 1982…

In computing annual, sick, educational, military, and other leaves for employees continuing in the state service, with or without pay, holidays, or other nonwork days shall not be counted. Leave taken for less than a full day shall be computed in no less than fifteen minute incre…

All departments shall maintain accurate and current time and leave records in the official time and attendance/payroll/personnel system. Notes Ala. Admin. Code r. 670-X-11-.06 Filed September 29, 1981. Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29,…

(1) Notwithstanding any departmental policy to the contrary, it shall be the policy of the State of Alabama to use compensatory time, rather than paid overtime to compensate employees subject to the provisions of the Fair Labor Standards Act for performing overtime work. Departme…

Those law enforcement officers that earn subsistence shall receive a subsistence allowance for each working day of a pay period while engaged in the performance of the duties as law enforcement officers. The law enforcement officer must work for a period of four or more hours wit…

(1) State offices may be closed only on all days made legal holidays by the laws of Alabama and on such other days as may be declared holidays by the Governor. When any holiday falls on Sunday, the following Monday may be observed. When any holiday falls on Saturday, the precedin…

Employees, who are regularly employed by the State and who are subject to the provisions of the State Merit System, including provisional appointees, shall earn annual leave (vacation) with pay on the basis of semi-monthly pay periods. Annual leave shall not accrue except when an…

Employee's Total Service Accumulation Of Leave Per Pay Period Annual Accumulation Fewer than 5 years 4 hours 20 minutes 13 days 5 but less than 10 years 5 hours 25 minutes 16 days 2 hours 10 but less than 15 years 6 hours 30 minutes 19 days 4 hours 15 but less than 20 years 7 hou…

For purposes of this section, service shall mean paid employment in a position eligible for leave accruals. The following shall not be counted as periods of employment in determining eligibility for increased leave: (a) Educational leave with or without stipend. (b) Other approve…

Employees may use accumulated annual leave with the approval of their respective appointing authorities, subject always to the right of the appointing authorities to plan the work under their control and to authorize leave at such time as the employee can best be spared. However,…

No more than 480 hours of accumulated annual leave may be carried over beyond the end of the calendar year. Notes Ala. Admin. Code r. 670-X-13-.05 Filed September 29, 1981. Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff. 6/24/2015. Author…

(1) Upon all separations from service except for a layoff, an employee shall be paid for the actual number of hours of annual leave he has accumulated, up to a maximum of 480 hours in an employee's career, with the amount being computed using the base hourly pay rate at the time …

Permanent part-time employees shall earn leave on a basis proportional to the time they work in their permanent part-time positions. Notes Ala. Admin. Code r. 670-X-13-.07 Filed May 24, 1985. Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 08, May 29, 2015, eff…

(1) Persons entering the state merit system may not transfer into the state merit system annual leave accumulated in a non-merit system employment positions with the following exception: (a) Individuals employed by a non-merit system State agency or entity, who accumulate leave i…

(1) An allowance of four hours and twenty minutes for each semimonthly period of service shall be made for sick leave. Unused portions of such allowance may accumulate but not more than 1200 hours may be carried over beyond the end of the calendar year. Sick leave earned over 1,2…

Accumulated sick leave may be used for purposes of maternity leave so long as: (1) the employee works up until the time she is disabled as a result of pregnancy, and (2) returns to work as soon as she ceases to be disabled for this reason. A doctor's verification of disability ma…

(1) Upon the recommendation of an appointing authority and the approval of the Director, an employee may receive up to 480 hours of leave donations from another employee or employees of equal or higher classification for a maximum of 480 hours in his entire state career. A lower …

Upon recommendation of an appointing authority and approval of the Director, a permanent employee with at least one year of State service may be granted Living Donor Leave with pay for donating an organ or bone marrow. The employee must submit in writing a request for Living Dono…

Educational leave at full or part pay may be granted to a permanent employee upon recommendation of the appointing authority provided the employee takes approved courses that are related to the improvement of his performance on his current job. The plan for such leave must be sub…

(1) All employees in the state service, who shall be active members of the Alabama National Guard or Naval Militia, or of the reserve components of the Army, Navy, Marine Corps, Air Force, or Coast Guard shall be entitled to military or naval leave of absence from the respective …

(1) Subject to the approval of the Director, an appointing authority may grant in writing to any employee a leave of absence without pay for a period not to exceed one year. Upon the expiration of such leave of absence, the employee shall be reinstated to a position in the classi…

When the services of a regular employee have been requested by any agency of the United States for work directly related to national security or defense, he may be granted a leave of absence without pay for such time as his services may be needed provided that the United States s…

Employees in the state service who are required by a court to attend such court in the capacity of jurors shall be granted a special leave with pay to attend such court, which shall be reported as such. Attendance in a court by law enforcement officers and other employees of the …

(1) An appointing authority, with the approval of the Director, may require an employee to use accumulated annual leave under certain circumstances when the appointing authority deems the employee's absence from work to be in the best interests of the agency. Examples of such cir…

(1) An employee who is regularly employed by the state, and is subject to the provisions of the State Merit System, and all legislative personnel, officers, and employees, including, but not limited to, Legislative Reference Service personnel, whether subject to the State Merit S…

In compliance with the Act requiring periodic service ratings for all employees, the Director shall maintain a service rating system, which will require ratings to be furnished to the Department at specified intervals. The Director shall provide the forms and establish standards …

Service ratings shall be considered in determining salary increases and decreases within the limits established by law and by the pay plan; as a factor in promotional exams; as a factor in determining the order of layoff when forces must be reduced because of lack of funds or wor…