(a) (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.

(2) For purposes of this Subsection (a), all elected officials, except members of the Guam Education Board, the Governor and Lieutenant Governor, Members of I Liheslaturan Guåhan, and the Consolidated Commission on Utilities, shall be deemed employees occupying permanent positions.

(b) (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) (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) (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 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.

SOURCE: Added by P.L. 16-023:1 as § 4108 (Aug. 11, 1981). P.L. 21-
015:6 (Apr. 23, 1991) added as GC § 4006.2, codified by the Compiler as
Subsection (f) of this Section. Subsection (b) amended by P.L. 24-155:2 (Apr. 9, 1998). Subsection (g) added by P.L. 24-179:2 (Apr. 17, 1998). Subsection (c), (d) amended by P.L. 25-164:IV:17, 18 (Sept. 26, 2000). Subsection (a) amended by P.L. 27-005:IV:3 (Feb. 28, 2003), P.L. 27-
158:1 (Dec. 30, 2004); P.L. 28-001:1 (Feb. 9, 2005), P.L. 28-068:IV:112(Sept. 30, 2005), P.L. 28-137:6 (July 11, 2006, eff. Oct. 1, 2006), P.L. 29-
019:VI:60 (Sept. 29, 2007) and P.L. 30-117:2 (Apr. 1, 2010). Subsection (c) amended by P.L. 27-005:IV:4 and P.L. 27-106:VI:19 (Sept. 30, 2004). Subsection (d) repealed by P.L. 27-005:IV:2. Subsection (h) added by P.L.
29-113:VI:58 (Sept. 30, 2008). Subsection (a) amended by P.L. 31-285:3
(Jan. 18, 2013).

2018 NOTE: Subsection/subitem designations added/altered pursuant to authority granted by 1 Guam Code Ann. § 1606.
2016 NOTE: Before its repeal by P.L. 27-005:IV:2, Subsection (d) stated: Nothing in this Section shall be construed to preclude provision, by
appropriate personnel rules and regulations, for annual leave for
employees occupying permanent positions excepted from the application of this Section, and such other matters as are essential or
incidental to the administration of the leave system not otherwise prescribed herein, including but not limited to accumulation and carry-over of leave to succeeding fiscal years.

In light of the repeal of Subsection (d) by P.L. 27-005:IV:2, the Compiler has redesignated the remaining subsections to adhere to the Compiler’s codification and alpha-numeric schemes pursuant to the authority granted by 1 Guam Code Ann. § 1606.

NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School System. The passage of P.L. 30-050:2 (July 14, 2009) reverted the name to the Department of Education.