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



(b)  When an employee is transferred from one
department to another within the same jurisdiction or to another jurisdiction
within the State, the employee shall be given credit for the vacation earned or
accumulated in the department from which the employee transferred, and the
director of finance of the State or the equivalent officers of the several
jurisdictions shall make the appropriate transfer of funds to implement the
employee transfer.  Moneys received from any such transfer of funds by a state
agency financed by the general fund of the State shall be deposited with the
director of finance of the State to the credit of the general fund of the
State; provided that, when an employee is transferred from one department to
another within the same jurisdiction, the transfer of funds shall not be made
if the employee's salary is paid from the same fund.  Compensation for any
period of vacation allowance shall be paid at the rate to which the employee is
entitled at the time the allowance is granted.



(c)  Upon discharge, an employee shall be
entitled to all of the employee's accumulated vacation allowance plus the
employee's current accrued vacation allowance to and including the date of
discharge, notwithstanding that the current accrued vacation allowance may not
have been recorded at the time.  If any employee dies with accumulated or
current accrued vacation earned but not taken, an amount equal to the value of
the employee's pay over the period of such earned vacation, and any earned and
unpaid wages, shall be paid to the person or persons who may have been
designated as the beneficiary or beneficiaries by the employee during the
employee's lifetime in a verified written statement filed with the comptroller
or other disbursing officer who issues warrants or checks to pay the employee
for 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 appointing
authority, may be discharged and paid forthwith, in lieu of the employee's
vacation allowance, the amount of compensation to which the employee would be
entitled or which the employee would be allowed during the vacation period if
the employee were permitted to take the employee's vacation in the normal
manner, and in such case the employee's position may be declared vacant and may
be permanently filled by a new appointee before the expiration of any vacation
period following the date of the discharge.  For an employee hired after June 30,
1997, who is to be discharged, voluntarily or involuntarily, the amount of
compensation to be paid in lieu of vacation allowance under this section shall
be computed using the rate of pay and amount of accumulated and accrued
vacation on the date the employee is discharged.  Prompt notice upon such forms
and in such manner as may be required shall be given by the department head of
any action taken under this provision.



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