Guam § 4109 - Annual Leave.

§ 4109. Annual Leave.

(a) [No text]

(1) Annual leave shall be granted to employees occupying permanent positions, except personnel

of the Department of Education, the Guam Community College or the University of Guam, who are

employed on a school year basis, and Judges and Justices of the Unified Judiciary of Guam who are

not members of the defined benefits retirement plan of the government of Guam, in accordance with

the following schedule:

(A) One-half day (4 hours) for each full bi-weekly pay period in the case of employees with

less than five (5) years of service.

(B) Three-fourths day (6 hours) for each full bi-weekly pay period in the case of employees

with five (5) years of service, but less than fifteen (15) years of service.

(C) One (1) day (8 hours) for each full bi-weekly pay period in the case of employees with

fifteen (15) years or more of service.

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(2) For purposes of this Subsection (a), all elected officials, except members of the Guam

Education Board, I Maga’håga/Maga’låhi and I Sigundo Maga’håga/Maga’låhi, Members of I

Liheslaturan Guåhan, and the Consolidated Commission on Utilities, shall be deemed employees

occupying permanent positions.

(b) [No text]

(1) The term years of service shall be deemed to include service with the Naval Government of

Guam or with other Federal instrumentalities or agencies within Guam prior to August 1, 1950, and to

include honorable service with the Armed Forces of the United States, provided no more than three

(3) years of service shall be credited to any individual for purposes of this Section. Years of service

shall include one (1) year for each year served as a school employee.

(2) The provisions of this Subsection shall not apply to those employees of the government of

Guam hired prior to the date of enactment of this Act, except that any current employee of the

government who has been in the employ of the government for less than three (3) years on the date of

enactment and is a former member of the Armed Forces of the United States and is receiving a

retirement annuity or pension as result of such military service shall be deemed to have three (3) years

of service with the government at the date of enactment of this Subsection for the purposes of accruing

annual leave.

(c) [No text]

(1) Employees entitled to annual leave hereunder may accumulate up to three hundred twenty

(320) hours. Any annual leave earned by eligible employees in excess of three hundred twenty (320)

hours shall be credited to such employee’s accumulated sick leave, provided, that no more than one

hundred (100) hours shall be credited to sick leave at the end of each fiscal year. The determination of

accumulation of annual leave, and crediting of excess hours sick leave, shall be done at the end of each

fiscal year.

(2) Notwithstanding the provision of this Section, employees who have accumulated annual leave

in excess of three hundred twenty (320) hours as of February 28, 2003, may carry over their excess

and shall use the excess amount of leave, prior to retirement or termination from service. At the time

of retirement or termination of service, that portion permitted to be credited to sick leave shall be so

credited and the remainder of the excess leave, if any, shall be lost. Nothing herein shall allow lump

sum compensation or retirement credit for annual leave in excess of three hundred twenty (320) hours.

(d) Any employee who transfers from one branch of the government of Guam to another, or from one

department, agency, instrumentality or corporation of the government of Guam to another department,

agency, instrumentality or corporation at his option may accept the cash value of his earned leave at the

time of transfer or transfer his accumulated leave to his new government position, notwithstanding the fact

that such transfer may appear on the employee’s personnel records as a resignation and re-employment.

(e) Any employee of the government of Guam who shall transfer from one government of Guam

department or agency to the Guam Housing and Urban Renewal (GHURA) shall be credited with all prior

creditable service to the government of Guam in computing annual leave. This subsection shall be

applicable to all former employees of GHURA who shall make specific application for such credit within

six (6) months after the date of enactment hereof.

(f) [No text]

(1) Any employee of the government of Guam who is a participating athlete or coach or

administrator in an athletic contingent, recognized by the Guam National Olympic Committee

(GNOC), representing Guam by invitation in any regional, national or international tournament, game

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or other sporting event sanctioned by the GNOC, shall be granted leave by his or her respective

department director or appointing authority for the time it takes to complete both competition and any

necessary travel, not to exceed fifteen (15) working days;

(A) provided, that his or her accumulated annual leave or compensatory time off (CTO) is

charged with the number of hours he or she is absent from duty, and

(B) further provided, that the employee requests such leave in writing thirty (30) calendar

days prior to the first day of leave.

(2) If said employee has exhausted his or her annual leave, or chooses not to use such, he or she

shall be granted leave without pay.

(3) Under no circumstances shall any employee of the government of Guam be granted said leave

for competition more than three (3) times in one (1) calendar year under this Subsection.

(g) Any employee of the government of Guam who has been qualified as a donor for medical purposes

and has received notice that the employee has been determined to be a match shall be granted leave with

pay by his or her respective department director or appointing authority for the time it takes to complete the

medical procedure involved, not to exceed ten (10) working days.