A. Continuous State Service
Continuous State service is service with one or more agencies
without a break in service.
B. Break in Service
An employee experiences a break in service when the
employee:
1. Separates from State
service and is paid for unused annual leave.
Exception--When an employee moves from a position in which
the employee earns both annual and sick leave to a position in which the
employee only earns sick leave. All earned sick leave shall be transferred in
accordance with Regulation
19-710.05
A.
2. Moves from one State
agency to another and is not employed with the receiving agency within 15
calendar days following the last day worked (or approved day of leave) at the
transferring agency.
Exception--Under extenuating circumstances an agency head may
approve an extension from 15 calendar days up to but not in excess of six
months for an employee in a full-time equivalent (FTE) position to be employed
in another FTE position within State government without having a break in
service. The approval must be made prior to the employee receiving a lump sum
payment for unused annual leave and within 15 days of the last day the employee
is in pay status.
3.
Remains on leave for a period of more than one calendar year.
Exceptions
a. The
employee is on a military tour of duty with reemployment rights protected under
federal or State law.
b. The
employee is participating in the Government Employees Interchange Program as
provided in Regulation
19-714.
c. The employee is on disability leave
without pay that has been extended by the Office of Human Resources
(OHR).
d. The employee is an
academic personnel at an institution of higher learning on sabbatical
leave.
4. Separates from
State service as a result of a reduction in force and is not recalled to the
original position or reinstated with State government within 12 months of the
effective date of the separation.
5. Involuntarily separates from State service
and the agency's decision is upheld by the State Employee Grievance Committee
or by the courts.
6. Moves from an
FTE position to a temporary, temporary grant, or time-limited position.
Exception--When an employee in an FTE position moves to a temporary, temporary
grant, or time-limited position within 15 calendar days following the last day
worked (or approved day of leave) during the employee's TERI program period, he
does not experience a break in service.
Notes
S.C. Code Regs.
19-719.01
Added by State Register
Volume 26, Issue No. 1, eff January 25, 2002. Amended by State Register Volume
34, Issue No. 5, eff May 28, 2010.