Annual Leave

Annual leave is an approved absence from work with pay for a vacation or for other purposes.

  • Annual leave is earned by each regular employee of the state at the rate of between 8 and 16 hours a month, depending on the employee's length of service.
  • Annual leave accrues on a prorated basis for a fraction of a month.
  • Only 240 hours of annual leave may be carried beyond April 30 of each year. Hours in excess of 240 hours will be lost.
  • Unless an employee transfers to a different agency, takes a long-term leave of absence, or leaves state service, the employee will not be paid for annual leave that is not used.
  • If an employee transfers from one agency to another, the employee retains only as many annual leave hours as the "receiving" agency agrees to accept. The "sending" agency must pay the employee for all other accumulated unused annual leave hours. 
    • The parties to a transfer should agree on the number of annual leave hours that will be retained by the employee prior to the transfer taking place.
  • All accrued annual leave is payable upon resignation or termination.
  • If an employee leaves and then returns to the service of the state within three years, the employee will be credited with their previous years of service for the purpose of determining their annual leave accrual rate.
  • Temporary employees do not earn annual leave. However, if a temporary employee becomes regular, credit will be given by the agency for the employee's prior length of service, for the purpose of determining the annual leave accrual rate.

Leave Accrual Schedule

   Years of Service  

   Hours Per Month  

   Hours Per Year  
0 - 3 8 96
4 - 7 10 120
8 - 12 12 144
13 - 18 14 168
18 + 16 192


NDCC 54-06-14
NDCC 54-52.4
NDAC 4-07-12