Section 31IAC5-9-29. Retention of previously accrued benefits

   (a) Special sick leave benefits accrued by employees prior to July 1, 1989, in accordance with 31 IAC 1-9-5, which was repealed, filed August 7, 1989, 3:30 p.m., printed at 12 IR 2218, or 31 IAC 2-11-6, which was repealed, filed August 7, 1989, 3:30 p.m., printed at 12 IR 2218, that are unused as of June 30, 1989, remain on account for use by the employee who has been continuously employed since July 1, 1989.

  (b) An employee with more than one (1) year but less than five (5) years of continuous full-time employment as of June 30, 1989, is entitled to credit with special sick leave equal to one (1) calendar week for each calendar year of continuous full-time state employment completed prior to July 1, 1989. A proportionate amount of special sick leave will be allowed for that period of continuous service in excess of complete years, prior to July 1, 1989.

  (c) After exhaustion of accumulated vacation leave, sick leave, personal leave, and compensatory time off, the special sick leave account may be used by the employee in the following circumstances:

(1) During the elimination period, prior to the beginning of disability benefits, as provided in section 2 or 26(b) of this rule.

(2) To augment short-term or long-term disability benefits as provided in sections 4 and 11 of this rule.

(3) In lieu of short-term and long-term disability benefits as provided in section 28 of this rule.

(State Personnel Department; 31 IAC 5-9-29; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA)