# Title 4 — Management and Budget, Office of

## Article 4-07 — Organization of Human Resource Management Services

## Chapter 4-07-12 — Annual Leave

### § 4-07-12-01. Scope of chapter.

This chapter applies to all state and local government agencies, departments, institutions, and
boards and commissions that employ individuals in positions classified by human resource
management services.
History: Effective September 1, 1992; amended effective November 1, 1996; July 1, 2004.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
### § 4-07-12-02. Definitions.

The terms used throughout this chapter have the same meaning as in North Dakota Century Code
chapters 54-06 and 54-44.3 and section 54-52-01, except:
1. "Annual leave" means an approved absence from work with pay.
2. "Regular employee" means a person who has completed the probationary period and who is
in a position classified by human resource management services.
History: Effective September 1, 1992; amended effective November 1, 1996; July 1, 2004.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
### § 4-07-12-03. Annual leave accrual.

Employees eligible for annual leave begin to accrue leave from the day of hire.
History: Effective September 1, 1992; amended effective November 1, 1996.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
### § 4-07-12-04. Annual leave accrual schedule.

State agencies are advised that the following annual leave accrual schedule is required for use by
each state agency subject to this chapter:
Years of Service Hours Earned Per Month

Zero through three Eight
Four through seven Ten
Eight through twelve Twelve
Thirteen through eighteen Fourteen
Over eighteen Sixteen
A local government agency subject to the North Dakota merit system adopting or using a different
accrual schedule shall promptly file a copy of that schedule with human resource management
services.
History: Effective September 1, 1992; amended effective July 1, 2004; July 1, 2008.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-06-14, 54-44.3-12(1)
### § 4-07-12-05. Accrual for employment for a fraction of a month.

An employee accrues leave for being employed for a fraction of a month. The number of annual
leave hours earned by an employee for employment for a fraction of a month must be in proportion to
the total number of straight time hours the employee actually worked compared to the total number of
normal working hours in the month.
History: Effective September 1, 1992.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
### § 4-07-12-06. Annual leave taken in fifteen-minute increments.

Repealed effective January 1, 1993.
### § 4-07-12-07. Approval required.

Generally, a request to use annual leave must be approved before the employee is authorized to
take the leave. A leave request may be denied if the employee's absence would unduly disrupt the
operations or services of the agency.
History: Effective September 1, 1992.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
### § 4-07-12-08. Annual leave limit.

No more than two hundred forty hours of accrued annual leave may be carried forward beyond
April thirtieth of each year. If a political subdivision that employs individuals in positions classified by
human resource management services uses a cutoff date other than April thirtieth, then the political
subdivision may continue to do so as long as the same cutoff date is used for all of the agency's
employees who occupy positions that are classified by human resource management services, and the
two-hundred-forty-hour limit is observed.
History: Effective September 1, 1992; amended effective July 1, 2004.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)

### § 4-07-12-09. Change of cutoff date.

Repealed effective July 1, 2004.
### § 4-07-12-10. Pay during employment.

An employee may not be paid for unused annual leave while the employee remains in the service
of the agency, except for the following reasons:
1. The employee takes a long-term leave of absence;
2. The employee goes on educational leave;
3. The employee moves to temporary employment; or
4. Human resource management services approves a written request from an agency for an
exception to this section for a business-related reason.
When an employee is transferring from one agency to another, the employee must be paid for the
difference in hours between what the employee has accumulated and the number of hours the gaining
agency will accept. When an employee is leaving the service of the agency, the employee must be paid
for all accrued hours of annual leave.
History: Effective September 1, 1992; amended effective July 1, 1995; November 1, 1996; July 1,
2004.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
### § 4-07-12-11. Credit for temporary service.

A temporary employee who becomes regular must be given credit for the employee's length of
service as a temporary employee for the purpose of determining the annual leave accrual rate provided
there was no break in service beyond one year. An agency may not grant annual leave hours to a
temporary employee.
History: Effective September 1, 1992; amended effective November 1, 1996; July 1, 2004.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
### § 4-07-12-12. Annual leave and reemployment.

An employee who leaves the employee's employment and who is rehired within three years must
be credited with the employee's previous years of continuous service for the purpose of determining the
employee's annual leave accrual rate.
History: Effective September 1, 1992; amended effective July 1, 2008.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
### § 4-07-12-13. Assumption of accrued annual leave.

A state agency appointing authority employing an individual from another state agency shall accept
all or only a part of the employee's accrued annual leave hours the employee requests to transfer. State
agencies covered by the North Dakota merit system shall accept all or a part of accrued annual leave
hours the employee requests to transfer of a human service zone employee in a position classified by
human resource management services.

A human service zone board may accept all or a part of accrued annual leave hours an employee
requests to transfer from another human service zone board or a state agency, if the employee
occupies a position classified by human resource management services.
History: Effective November 1, 1996; amended effective July 1, 2004; July 1, 2008; October 1, 2023.
General Authority: NDCC 54-44.3-12
Law Implemented: NDCC 54-44.3-12(1)
