WILLIAM DONALD SCHAEFER, Governor Ch. 543

MAINTENANCE OR OTHER BENEFITS RECEIVED BY EMPLOYEES, AND THE
STATE'S FINANCIAL CONDITION AND POLICIES. THE PAY PLAN SHALL
TAKE EFFECT WHEN FUNDS FOR THAT PURPOSE ARE AVAILABLE WITHIN THE
BUDGET. THE SECRETARY, WITH THE APPROVAL OF THE GOVERNOR, MAY
AMEND THE PAY PLAN FOR SPECIFIC CLASSIFICATIONS OF POSITIONS IN
ORDER TO RECRUIT OR RETAIN COMPETENT PERSONNEL OR TO ENSURE THAT
COMPENSATION RATES ADEQUATELY COMPENSATE THE SKILLS, KNOWLEDGE,
EFFORT, RESPONSIBILITY, AND WORKING CONDITIONS. AN AMENDMENT MAY
NOT TAKE EFFECT UNLESS SUFFICIENT FUNDS HAVE BEEN INCLUDED WITHIN
THE BUDGET FOR THAT PURPOSE. AMENDMENTS TO THE PAY PLAN SHALL BE
REPORTED TO THE GENERAL ASSEMBLY BY THE 15TH DAY OF THE NEXT
REGULAR SESSION. THE GENERAL ASSEMBLY MAY REJECT AMENDMENTS TO
THE PAY PLAN. IF AN AMENDMENT IS REJECTED, THE APPROPRIATE
SALARY REDUCTION SHALL BECOME EFFECTIVE IN THE NEXT FISCAL YEAR.

37.

(a) (1) (i) Every classified employee shall receive as
annual vacation in each calendar year, a leave of absence with
pay as follows:

Less than 5 years of service - 10 working days

5 to less than 10 years of service - 15 working days

10 to less than 20 years of service - 20 working days

20 years of service and more - 25 working days. The
term "years of service," as used herein shall include any
previous continuous State service.

(ii) Except as provided in item (iii) of this
paragraph, 2 days of annual leave earned under item (i) of this
paragraph may be used by an employee after notification of the
employee's immediate supervisor for religious holiday, inclement
weather, or any other purpose whatsoever.

(iii) An employee scheduled to work on a State
holiday, or an employee of an agency or institution which renders
a service that must be provided continuously on a 7 day a week
basis, may not use the 2 days of annual leave provided for in
item (ii) of this paragraph without prior approval obtained from
the [department head] APPOINTING AUTHORITY. However, approval
may be denied only if the [department head] APPOINTING AUTHORITY
determines that denial is necessary as a result of a critical
shortage of staff. The [department head] APPOINTING AUTHORITY
may not deny permission if the annual leave is requested for
observance of religious holidays, UNLESS THE DENIAL IS NECESSARY
AS A RESULT OF A CRITICAL SHORTAGE OF STAFF. STAFF AT AN AGENCY
OR INSTITUTION WHICH RENDERS A SERVICE THAT MUST BE PROVIDED
CONTINUOUSLY ON A 7 DAY A WEEK BASIS. THE APPOINTING AUTHORITY
SHALL MAKE REASONABLE ACCOMMODATION TO THE EMPLOYEE'S REQUEST FOR
LEAVE BEFORE DENYING IT.

- 3629 -