§78-23  Leaves of absence.  (a) Employees shall be eligible for vacation leave, sick leave, and other leaves ofabsence, with or without pay, as negotiated under chapter 89 or adjusted underchapter 89C, as applicable.

(b)  When an employee is transferred from onedepartment to another within the same jurisdiction or to another jurisdictionwithin the State, the employee shall be given credit for the vacation earned oraccumulated in the department from which the employee transferred, and thedirector of finance of the State or the equivalent officers of the severaljurisdictions shall make the appropriate transfer of funds to implement theemployee transfer.  Moneys received from any such transfer of funds by a stateagency financed by the general fund of the State shall be deposited with thedirector of finance of the State to the credit of the general fund of theState; provided that, when an employee is transferred from one department toanother within the same jurisdiction, the transfer of funds shall not be madeif the employee's salary is paid from the same fund.  Compensation for anyperiod of vacation allowance shall be paid at the rate to which the employee isentitled at the time the allowance is granted.

(c)  Upon discharge, an employee shall beentitled to all of the employee's accumulated vacation allowance plus theemployee's current accrued vacation allowance to and including the date ofdischarge, notwithstanding that the current accrued vacation allowance may nothave been recorded at the time.  If any employee dies with accumulated orcurrent accrued vacation earned but not taken, an amount equal to the value ofthe employee's pay over the period of such earned vacation, and any earned andunpaid wages, shall be paid to the person or persons who may have beendesignated as the beneficiary or beneficiaries by the employee during theemployee's lifetime in a verified written statement filed with the comptrolleror other disbursing officer who issues warrants or checks to pay the employeefor the employee's services as a public employee, or, failing the designation,to the employee's estate.

(d)  Whenever an employee is to be discharged,voluntarily or involuntarily, the employee, at the option of the appointingauthority, may be discharged and paid forthwith, in lieu of the employee'svacation allowance, the amount of compensation to which the employee would beentitled or which the employee would be allowed during the vacation period ifthe employee were permitted to take the employee's vacation in the normalmanner, and in such case the employee's position may be declared vacant and maybe permanently filled by a new appointee before the expiration of any vacationperiod following the date of the discharge.  For an employee hired after June 30,1997, who is to be discharged, voluntarily or involuntarily, the amount ofcompensation to be paid in lieu of vacation allowance under this section shallbe computed using the rate of pay and amount of accumulated and accruedvacation on the date the employee is discharged.  Prompt notice upon such formsand in such manner as may be required shall be given by the department head ofany action taken under this provision.

(e)  Payments of vacation allowance paidpursuant to subsections (c) or (d) shall be subject to the provisions ofchapter 88D. [L 2000, c 253, pt of §74; am L 2003, c 109, §3]