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PER-24 LOA Requirements

Purpose

The purpose of this job aid is to outline an employee’s entitlements when out on Workers’ Compensation, Short-term Disability Leave – Pay Status, Short-term Disability – Regular, Family Medical Leave Pay, Family Medical Leave without Pay (LWOP), Military Return to Active Duty (RAD) – Pay Status and 30-day Calendar, and Extended Military Active Duty and other Military LWOP.  It covers eligibility for items such as accrued leave, longevity, service credits, and health benefits.

Use the following links to jump directly to the information on each subject:

Workers' Compensation

Type of Action

Accrue Leave

Longevity Paid

Eligible for Holidays

Burn Leave

Creditable (Retirement) Service

Earn Aggregate Service (Leave Earning Rates)

State Health Plan Benefits Paid by Agency (EE Only)

State Health Plan Benefits Paid by Active EE for Family

NC Flex Benefits Paid by EE

Appt Status

On leave entire 40 hours Leave continues to accrue.  Added to balance when return to work permanently.* Yes (EE and Retirement) Yes Supplement only (Exception: Supplement cannot be used during A/A 9685 - Salary Continuation/Injury Leave exhaustion.) No, may purchase when return FT Yes Yes Yes EE pays directly to vendor(s) Perm Full/Active
Working less than 20 hours Pro-rated, Leave continues to accrue in proportion to hours worked.  Added to balance when return to work permanently. Yes (EE and Retirement) Yes (Prorated if applicable) Can burn leave only for the scheduled work hours  Cannot contribute Yes. If pro-rated, must monitor for any accrual rate changes. Requires manual update when return to work permanently. Yes Yes EE pays directly to vendor(s) Perm PT/ Active
Working 20-29 hours Pro-rated, Leave continues to accrue in proportion to hours worked.  Added to balance when return to work permanently. Yes (EE and Retirement) Yes (Prorated if applicable) Can burn leave only for the scheduled work hours Cannot contribute Yes. If pro-rated, must monitor for any accrual rate changes. Requires manual update when return to work permanently. Yes Yes EE eligible to re-enroll in NC Flex Plans held prior to LOA Perm PT/ Active
Working 30-39 hours Pro-rated, Leave continues to accrue in proportion to hours worked.  Added to balance when return to work permanently. Yes (EE and Retirement) Yes (Prorated if applicable) Can only burn leave for the scheduled work hours  Yes Yes. If pro-rated, must monitor for any accrual rate changes. Requires manual update when return to work permanently. Yes Yes EE eligible to re-enroll in NC Flex Plans held prior to LOA Perm PT/ Active

Workers' Compensation Notes:

State Health Plan

  • Employer contribution will continue as long as the employee is on WC and has not been separated from employment.
  • Employees on LOA WC are responsible for sending any dependent premiums and/or any employee only costs to BEST Shared Services.  

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Short-Term Disability Leave – Pay Status

Type of Action

Accrue Leave

Longevity Paid

Eligible for Holidays

Burn Leave

Creditable (Retirement) Service

Earn Aggregate Service (Leave Earning Rates)

State Health Plan Benefits Paid by Agency (EE Only)

State Health Plan Benefits Paid by Active EE for Family

NC Flex Benefits Paid by EE

Appt Status

On leave entire 40 hours Yes Yes Yes Yes Yes Yes Yes Yes N/A Perm Full/Active

Short-Term Disability Leave – Pay Status Notes:

  • LI Increase - Is subject to LI legislation rule.

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Short-Term Disability – Regular

Type of Action

Accrue Leave

Longevity Paid

Eligible for Holidays

Burn Leave

Creditable (Retirement) Service

Earn Aggregate Service (Leave Earning Rates)

State Health Plan Benefits Paid by Agency (EE Only)

State Health Plan Benefits Paid by Active EE for Family

NC Flex Benefits Paid by EE

Appt Status

On leave entire 40 hours No Partial on front end or when they come back No No Non-contributory (Agency requests reimbursement after 12-month period) No Yes, if receiving the STD benefit and meet the 5 yrs. Creditable service (*see Notes below) Deduct from ST benefit (*see Notes below) EE pays directly to vendor(s) Perm Full/ Active
Working less than 20 hours No No No No Non-contributory (Agency requests reimbursement after 12-month period) No Yes, if receiving the STD benefit and meet the 5 yrs. Creditable service (*see Notes below) Deduct from ST benefit (*see Notes below) EE pays directly to vendor(s) Perm PT/ Active
Working 20-29 hours Prorated Based on salary at the time No, if receiving ST Benefit No, if receiving ST Benefit Non-contributory (Agency requests reimbursement after 12-month period) Yes, must work at least 1/2 working days & holidays, in pay status: account for hours scheduled Yes, if w/in the 12-month period & meet the 5 yrs. (*see Notes below) Deduct from ST benefit (*see Notes below) EE eligible to re-enroll in NC Flex Plans held prior to LOA Perm PT/ Active
Working 30-39 hours Prorated Based on salary at the time Prorated (can earn it, but not burn it if ST benefit is more) No, if receiving ST Benefit Non-contributory (Agency request reimbursement after 12-month period) Yes, must work at least 1/2 working days & holidays, in pay status: account for hours scheduled Yes (**see Notes below) Deduct from ST benefit (*see Notes below) EE eligible to re-enroll in NC Flex Plans held prior to LOA Perm PT/ Active

Short-Term Disability – Regular Notes:

  • Cannot exhaust leave while receiving ST benefit for that day.  EE can come back and earn leave, but not exhaust leave.
  • * State Health Plan Benefits: Effective 9/1/2011, employee's in the 80/20 plan who don't pay their premium will be reduced to the 70/30 plan.
  • **If working 30 hours or more, STD must be forfeited in order to be eligible for health insurance.
  • LI Increase – is subject to LI legislation rule.

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Family Medical Leave Act (FMLA) – Pay Status

Type of Action

Accrue Leave

Longevity Paid

Eligible for Holidays

Burn Leave

Creditable (Retirement) Service

Earn Aggregate Service (Leave Earning Rates)

State Health Plan Benefits Paid by Agency (EE Only)

State Health Plan Benefits Paid by Active EE for Family

NC Flex Benefits Paid by EE

Appt Status

On leave entire 40 hours Yes Yes Yes Yes Yes Yes Yes Yes N/A Perm Full/Active

FMLA – Pay Status Notes:

  • LI Increase – Is subject to LI legislation rule.

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Family Medical Leave Act (FMLA) – LWOP

Type of Action

Accrue Leave

Longevity Paid

Eligible for Holidays

Burn Leave

Creditable (Retirement) Service

Earn Aggregate Service (Leave Earning Rates)

State Health Plan Benefits Paid by Agency (EE Only)

State Health Plan Benefits Paid by Active EE for Family

NC Flex Benefits Paid by EE

Appt Status

On leave entire 40 hours No No No No No No Yes Yes (*see Notes below) EE pays directly to vendor(s) Perm Full/ Active
Working less than 20 hours No No No No No No Yes, must notify BEST Benefits  Yes (*see Notes below) EE pays directly to vendor(s) Perm PT/ Active
Working 20-29 hours Prorated In pay status for one-half or more regular workdays/holidays in pay period (based on current salary) Prorated Yes No Yes Yes, must notify BEST Benefits  Yes (*see Notes below) EE eligible to re-enroll in NC Flex Plans held prior to LOA Perm PT/ Active
Working 30-39 hours Prorated In pay status for one-half or more regular workdays/holidays in pay period (based on current salary) Prorated Yes Yes Yes Yes Yes (*see Notes below) EE eligible to re-enroll in NC Flex Plans held prior to LOA Perm PT/ Active

FMLA – LWOP NOTES:

  • *State Health Plan Benefits:  Effective 9/1/2011, employees in the 80/20 who don’t pay their premium will be reduced to the 70/30 plan.
  • LI Increase – is subject to LI legislation rule.

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Military/Return to Active Duty (RAD) Leave – Pay Status and 30 Calendar Days

Type of Action

Accrue Leave

Longevity Paid

Eligible for Holidays

Burn Leave

Creditable (Retirement) Service

Earn Aggregate Service (Leave Earning Rates)

State Health Plan Benefits Paid by Agency (EE Only)

State Health Plan Benefits Paid by Active EE for Family

NC Flex Benefits Paid by EE

Appt Status

On leave entire 40 hours Yes (Prorated for PT) Yes (Prorated for PT) Yes (prior to 30 days of full pay) Yes (prior to 30 days of full pay) Yes Yes Yes Yes N/A Perm Full or PT/ Active

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Military/Return to Active Duty (RAD) (on 31st day AFTER 30 Calendar Days of Full Pay)

Type of Action

Accrue Leave

Longevity Paid

Eligible for Holidays

Burn Leave

Creditable (Retirement) Service

Earn Aggregate Service (Leave Earning Rates)

State Health Plan Benefits Paid by Agency (EE Only)

State Health Plan Benefits Paid by Active EE for Family

NC Flex Benefits Paid by EE

Appt Status

On LOA-LWOP (Do not push 9400s because it will stop longevity pay) Yes (Prorated for PT) Yes (Prorated for PT) No No Yes Yes Yes, 30 days from date of military orders or end of the month after exhaustion of the 30 calendar days Yes EE pays directly to vendor(s) Perm Full or PT/ Active

Military RAD Notes:

  • State Duty – the State continues to pay for health coverage for National Guard.
  • Federal Active Duty – the State will pay for health coverage while exhausting leave and for at least 30 days from the date of active service.
  • LI Increase – Is subject to LI legislation rule.

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Extended Military – Extended Active Duty and Other Military LWOP

Type of Action

Accrue Leave

Longevity Paid

Eligible for Holidays

Burn Leave

Creditable (Retirement) Service

Earn Aggregate Service (Leave Earning Rates)

State Health Plan Benefits Paid by Agency (EE Only)

State Health Plan Benefits Paid by Active EE for Family

NC Flex Benefits Paid by EE

Appt Status

On LOA-LWOP No Prorated (balance paid when EE returns and completes a full year) No No Yes, Non-contributory (must apply for it) Yes (if reinstated within the time limits) Yes, 30 days from date of active service No  EE pays directly to vendor(s) Perm Full or PT/ Active

Extended Military Notes:

  • State Duty – the State continues to pay for health coverage for National Guard.
  • Federal Active Duty – the State will pay for health coverage while exhausting leave and for at least 30 days from the date of active service.
  • LI Increase – Is subject to LI legislation rule.

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