South Carolina Administrative Code

19-707.01. HOURS OF WORK A. The minimum full-time workweek for employees of agencies and institutions is 37.5 hours. The agency may vary an employee’s work schedule through the use of alternative scheduling strategies including telecommuting to meet the needs and service delivery…

19-707.02. OVERTIME - COMPENSATORY TIME A. The Division of State Human Resources develops an overtime model policy to assist an agency in its policy development. The Division of State Human Resources must review and approve each agency’s overtime policy. B. Each agency shall deve…

19-708. HOLIDAYS SCOPE AND PURPOSE This Regulation governs the observance of holidays by employees in FTE positions. HISTORY: Amended by State Register Volume 26, Issue No. 1, eff January 25, 2002; State Register Volume 34, Issue No. 5, eff May 28, 2010; State Register Volume 40,…

19-708.01. ELIGIBILITY All employees in FTE positions shall be allowed to observe with pay those holidays listed in Section 19-708.02. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010…

19-708.02. LEGAL HOLIDAYS State Holidays New Year’s Day January 1 Martin Luther King, Jr. Day Third Monday in January George Washington’s Birthday/President’s Day Third Monday in February Confederate Memorial Day May 10 National Memorial Day Last Monday in May Independence Day Ju…

19-708.03. HOLIDAY OBSERVANCE PROCEDURE A. Holidays are to be taken on the prescribed day unless the agency requires the employee to work. The agency shall give employees who must work on holidays prior notice if possible. B. Employees shall observe the holiday on the designated …

19-708.04. HOLIDAY COMPENSATORY TIME A. An employee, except an employee of an agency following an academic schedule, who is required by the agency to work on a holiday shall be given holiday compensatory time at the convenience of the agency within 90 days of such holiday. B. An …

19-709. ANNUAL LEAVE SCOPE AND PURPOSE This Regulation governs the annual leave policies for employees in FTE positions. HISTORY: Amended by State Register Volume 26, Issue No. 1, eff January 25, 2002; State Register Volume 34, Issue No. 5, eff May 28, 2010; State Register Volume…

19-709.01. ELIGIBILITY A. Annual leave shall be earned by and granted to: 1. Full-time employees in FTE positions, and 2. Part-time employees in FTE positions who are: a. Scheduled to work at least one-half the workweek of the agency on a 12-month basis, or b. Scheduled to work t…

19-709.02. ANNUAL LEAVE EARNINGS A. Computation 1. Employees who are in pay status one-half or more but not all of the workdays of the month shall earn annual leave for the full month. If they are in pay status for less than one-half the workdays, they shall earn no annual leave.…

19-709.03. USING AND SCHEDULING ANNUAL LEAVE A. Leave taken under this Section may qualify as Family and Medical Leave Act (FMLA) leave and, if so, will run concurrently. B. Scheduling Leave 1. To the degree possible, an employee’s request for a specific period of annual leave sh…

19-709.04. TRANSFER FROM ONE STATE AGENCY TO ANOTHER A. An employee who moves from an FTE position to an FTE position within 15 calendar days following the last day worked (or on approved leave) at the transferring agency shall transfer his earned annual leave. When an employee t…

19-709.05. PAYMENT UPON SEPARATION FROM EMPLOYMENT Upon separation from State employment, a lump sum payment will be made for unused annual leave, not to exceed 45 days, without deducting any earned leave taken during the calendar year in which the employee separates. If the empl…

19-709.06. RECORDS A. The agency shall maintain all annual leave records for each employee eligible for annual leave. Such records must include at least the following: 1. The annual leave accrual rate for each employee; 2. The number of annual leave hours earned and used during t…

19-710. SICK LEAVE SCOPE AND PURPOSE This Regulation governs the sick leave policies for employees in FTE positions. HISTORY: Amended by State Register Volume 26, Issue No. 1, eff January 25, 2002; State Register Volume 34, Issue No. 5, eff May 28, 2010; State Register Volume 40,…

19-710.01. ELIGIBILITY Sick leave shall be earned by and granted to: A. Full-time employees in FTE positions, and B. Part-time employees in FTE positions who are: 1. Scheduled to work at least one-half the workweek of the agency on a 12-month basis, or 2. Scheduled to work the eq…

19-710.02. SICK LEAVE EARNINGS A. Computation 1. Employees who are in pay status for at least one-half or more of the workdays of the month shall earn sick leave for the full month. If they are in pay status for less than one-half the workdays, they shall earn no sick leave. 2. E…

19-710.03. ADDITIONAL SICK LEAVE MAY BE GRANTED A. An agency may advance up to 15 workdays of additional sick leave to an employee in extenuating circumstances who has exhausted all sick, annual and compensatory leave. B. The agency may advance this leave only upon documentation …

19-710.04. USING AND SCHEDULING SICK LEAVE A. Leave taken under this Section may qualify as Family and Medical Leave Act (FMLA) leave and, if so, will run concurrently. B. Reasons an employee shall be allowed to use sick leave are as follows: 1. Personal illness, injury, or disab…

19-710.05. TRANSFER A. Between State Agencies 1. An employee who moves from an FTE position to an FTE position within 15 calendar days (or on approved leave days) from the transferring agency shall transfer his sick leave. 2. An employee who moves from a temporary grant or time-l…

19-710.06. SEPARATION FROM EMPLOYMENT Upon separation from employment, an employee shall forfeit all earned sick leave. A. Retirement - An employee who is a Class Two member of the South Carolina Retirement System or the Police Officer Retirement System shall receive service cred…

19-710.07. RECORDS The agency shall maintain all sick leave records for each employee eligible for sick leave. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2010; State Register Volume …

19-711. LEAVE TRANSFER PROGRAM SCOPE AND PURPOSE This Regulation governs the manner in which employees in FTE positions may voluntarily donate sick or annual leave into a leave transfer pool for use by other employees, who have been approved as leave recipients under medical emer…

19-711.01. AGENCY RESPONSIBILITY A. Each agency shall establish two separate leave transfer pool accounts, a sick leave transfer pool and an annual leave transfer pool. B. Records and Forms Each agency shall maintain the following records: 1. Donation Request Form - The Donation …

19-711.02. ANNUAL REPORTING Each agency having any donation or approved requests for leave transfer in a calendar year shall submit the following information to the DSHR: A. Sick Leave - Total hours and cost of: 1. Sick leave donated; 2. Sick leave used by recipient(s); and 3. Si…

19-711.03. ELIGIBILITY TO DONATE A. An employee donating sick or annual leave to either the sick or annual leave transfer pool must do so prior to the end of the calendar year. B. An employee may donate no more than one-half of the sick or annual leave he earns within a calendar …

19-711.04. REQUEST FOR LEAVE A. An employee with a medical emergency may request sick or annual leave from the appropriate pool account by completing the employing agency’s Recipient Request Form. While there is no limit to the number of separate requests that an employee may sub…

19-711.05. LEAVE APPROVAL Under guidelines established by the Department of Administration, the agency head of the employing agency may, upon receiving a completed request, review all necessary information and approve recipients from within the agency to participate in the leave …

19-711.06. NO ADMINISTRATIVE OR JUDICIAL APPEAL The decisions of the agency head of the employing agency are final, and there is no administrative or judicial appeal of the decisions. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State …

19-711.07. USE OF SICK OR ANNUAL LEAVE A. Leave taken under this Section may qualify for the Family Medical Leave Act (FMLA) and, if so, will run concurrently. B. Under guidelines established by the Department of Administration, the employing agency may transfer all or any portio…

19-711.08. WHEN MEDICAL EMERGENCY TERMINATES A. The medical emergency affecting a leave recipient terminates when either the employing agency determines that the medical emergency no longer exists or either the leave recipient separates from employment. B. The employing agency sh…

19-711.09. SEPARATION FROM EMPLOYMENT Transferred sick or annual leave from a pool account remaining when the leave recipient separates from employment must be restored to the appropriate pool account by the completion of a Leave Restoration Form. Upon separation from employment,…

19-712. OTHER LEAVE PROGRAMS SCOPE AND PURPOSE This Regulation governs the leave programs, other than annual and sick leave and holidays. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issue No. 5, eff May 28, 2…

19-712.01. OTHER LEAVE TYPES Leave taken under this Section may qualify as Family and Medical Leave Act (FMLA) leave and, if so, will run concurrently. A. Administrative Leave State employees in full-time equivalent (FTE) positions who are physically attacked while in the perform…

19-712.02. OTHER LEAVE RECORDS A. The agency shall maintain all leave records for each employee eligible for such leave. Such records must include the number of leave hours used during the current calendar year. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January…

19-713. DUAL EMPLOYMENT SCOPE AND PURPOSE This Regulation governs how employees in FTE positions may accept additional temporary, part- time employment with the same or another agency. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State…

19-713.01. STATEMENTS OF POLICY A. General Provisions 1. In accordance with this Regulation, agencies may develop internal dual employment policies. 2. Dual employment shall be limited in duration to the specific time frame approved which cannot exceed 12 months. 3. The practice …

19-714. GOVERNMENT EMPLOYEES INTERCHANGE PROGRAM SCOPE AND PURPOSE This Regulation governs the authority of DSHR for administering an interchange program for government employees in FTE positions to facilitate short term assignments between or among federal, state, or local gover…

19-714.01. STATEMENTS OF POLICY A. The Department of Administration has delegated to the State Human Resources Director the authority to administer an Interchange of Government Employees Program as provided in Section 8-12-60 of the South Carolina Code of Laws. B. Agencies should…

19-715. EMPLOYEE PERFORMANCE EVALUATION SYSTEMS SCOPE AND PURPOSE This Regulation governs the establishment and administration of employee performance evaluation systems for employees. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State…

19-715.01. STATEMENTS OF POLICY A. The Division of State Human Resources (DSHR) shall develop an EPMS model policy to assist an agency in its policy development. The Division of State Human Resources must review and approve each agency’s EPMS policy which includes a Substandard P…

19-715.02. ESTABLISHING AND MAINTAINING PERFORMANCE REVIEW DATES A. A performance review date is the first day which marks the beginning of a new review period. If an employee does not receive a performance evaluation prior to the performance review date, the employee shall recei…

19-715.03. ESTABLISHING AND MAINTAINING PERFORMANCE REVIEW DATES FOR EMPLOYEES IN THE EXECUTIVE COMPENSATION SYSTEM A. For Employees Covered by the State Employee Grievance Procedure Act Upon completion of a probationary or trial period, the performance review date of a covered e…

19-715.04. ESTABLISHING AND MAINTAINING PERFORMANCE REVIEW DATES FOR AGENCY HEADS Annual performance evaluations shall be completed by July 1 for agency heads. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume 34, Issu…

19-716. STAFF DEVELOPMENT AND TRAINING SCOPE AND PURPOSE This Regulation governs staff development and training programs for agencies’ employees but does not affect sabbatical leave for academic personnel. HISTORY: Added by State Register Volume 26, Issue No. 1, eff January 25, 2…

19-716.01. STATEMENTS OF POLICY A. An agency may sponsor training for employees to improve or secure those skills necessary for the efficient and effective operations of the agency and to ensure uniformity in the administration of staff development and training programs throughou…

19-716.02. EDUCATIONAL LEAVE An employee is encouraged to schedule classes during off-duty hours, whenever possible. When a class cannot be scheduled during off-duty hours, the agency may adjust the employee’s work schedule, if doing so will not interfere with normal efficient op…