|Break in Service|
Q: Upon separation from state service, when does an employee experience a
break in continuous state service?
A: Generally, an employee experiences a break in state service when the employee:
1. is paid for unused annual leave except when
a. moving to a position that earns only sick leave or
b. entering the TERI Program;
2. transfers to another State agency and is not employed within 15 calendar
days from the last date worked except when an extension of up to 6 months is
approved by the State Human Resources Director;
3. is on leave for a period of more than one calendar year except when an
a. on a military tour of duty;
b. participating in the Government Employees Interchange Program;
c. on disability leave without pay that has been extended by the Office of
Human Resources; or
d. considered academic personnel on sabbatical
4. is not recalled or reinstated, following a Reduction in Force; within 12
months of separation;
5. involuntarily separates from state service; or
6. moves from an FTE position to a temporary, temporary grant, or time-limited
Q: How does a break in service affect an employee’s state service
A: A break in service affects an employee’s state hire date by altering
the total employment time to reflect periods of authorized leave without pay
and breaks in service. Continuous state service is interrupted once an employee
experiences a break in service.
Q: How does a break in service affect an employee’s leave?
A: Upon a break in service, an employee forfeits all sick leave. Upon
separation from state service, an employee is paid for unused annual leave up
to a 45-day maximum. If the employee is rehired with the State, all prior state
service time may be counted toward bonus annual leave accrual.
Q: How does a break in service affect an employee’s coverage under the State
Employee Grievance Procedure Act?
A: When a State employee who has experienced a break in service is
rehired, the employee receives a new probationary period which may be shortened
in duration if the Agency Director recognizes prior service time. (Note: For
insurance services, seek advice from the Employee Insurance Program. For
retirement services, seek advice from the South Carolina Retirement Systems.)
Q: How can the 15 calendar day break in service be extended?
A: In extenuating circumstances, the Agency Director may submit to the
State Human Resources Director, a request to extend the employee’s break in
service up to six additional months. The request requires approval by the State
Human Resources Director and should be made prior to paying out the employee’s
unused annual leave and prior to expiration of the 15 calendar days.