Section 36-6-1

"Employee" defined; time of payment of salaries generally.

(a) For the purpose of this section the word "employee" shall be defined as:

(1) Everyone in the classified, exempt, or unclassified service of the state as defined in Section 36-26-10,

(2) Legislative personnel, officers and employees, Legislative Reference Service personnel, and Legislative Fiscal Office personnel,

(3) All court officials and employees of the Unified Judicial System serving the trial courts,

(4) Employees of the Administrative Office of Courts paid on a biweekly basis, and

(5) All hourly personnel who are considered to be permanent employees.

(b) Every state employee whether subject to the state Merit System or not shall be paid biweekly two weeks in arrears except that elected officials and appointees whose pay is based on an annual salary for the position held shall be payable in equal semi-monthly installments on the fifteenth and the last day of each month effective October 1, 1983. Unpaid salaries shall be paid upon the expiration of the appointment or term of office.

(c) Beginning with salary payments made on Friday, January 6, 1984, all employees shall be paid two weeks in arrears. The salary payment made on January 6, 1984 shall be for the biweekly period ending on December 23, 1983, and shall include payment for three workdays accrued, to wit, December 21, 22, and 23, 1983, and seven workdays which the state shall assume upon an employee's termination as provided in subsection (d). No employee in state service on December 20, 1983, shall miss a scheduled payday under this plan.

(d) Only a full-time employee hired on or before December 20, 1983, will, upon termination of his or her employment with the state, be entitled to the seven days assumed by the state if the employee has five years of continuous service.

(e) Persons appointed on or after December 21, 1983, shall be paid two weeks in arrears (excluding elected officers or appointees).

(f) Where the day on which salaries are payable is a holiday, such salaries shall be payable on the last workday preceding such holiday.

(g) Leave accrual dates will be moved from Tuesday to Friday, and no sick or annual leave will be earned for this three-day period.

(h) The state Comptroller will revise procedures to implement changes included in this section.

(Code 1852, §169; Code 1867, §210; Code 1876, §223; Code 1886, §318; Code 1896, §3153; Code 1907, §1569; Code 1923, §2713; Acts 1939, No. 490, p. 709, § 1; Code 1940, T. 41, §148; Acts 1969, No. 799, p. 1440, §1; Acts 1983, No. 83-509, p. 717, § 1.)