Section 200.320  Carry Over

a)         For an employee who accrues paid leave time over the course of a 12-month period, any unused paid leave time shall carry over annually from one 12-month period to the next 12-month period unless the employer and employee have mutually agreed that the unused leave will be paid out according to subsection (d). Employers may establish a reasonable policy consistent with Section 200.310 restricting employees' ability to carry over more than 40 hours of unused paid leave. See Section 15(i) of the Act.

b)         Employees who receive frontloaded paid leave at the beginning of the 12-month period, in accordance with Section 200.220, are not entitled to carry over paid leave time from one 12-month period to the next unless the employer allows them to carry their paid leave time over. See Section 15(c) of the Act.

c)         An employee is not entitled to use more than 40 hours of paid leave in a 12-month period unless the employer allows them to do so. See Section 15(i) of the Act.

d)         An employer and employee may mutually agree, in writing and on an annual basis, that unused paid leave will be paid out to the employee at the end of the 12-month period instead of being carried over into the new 12-month period.