Personnel Bulletin 11.9 issued July 16, 1981 allows that, when a Legislative or Judicial Branch employee accepts a position in the Executive Branch, they may transfer any accumulated and unused vacation and sick leave time, provided their service is continuous².

If the employee is going into a position in the Executive Branch which is covered by collective bargaining, the time in the Legislative/Judicial Branch(es) also counts toward the vacation accrual rate, provided their service is continuous².  This employee’s time in the Legislative/Judicial Branch(es), however, does not count toward Longevity (longevity for collective bargaining unit employees is based on continuous service in a status-granting position³).

If the employee is going into a confidential position in the Executive Branch, the time in the Legislative/Judicial Branch(es) also counts toward the vacation accrual rate and Longevity, even if the service is not continuous.  This is because vacation accrual rates as well as Longevity bonus determinations for confidential employees are based on total service years in State Government, including service in the Legislative and Judicial Branches (see Benefits Package for Confidential Employees).

Time in the Legislative/Judicial Branch(es), however, does not count toward Seniority in any Executive Branch position.  This is because Seniority is defined as continuous employment since the last date of hire into a status-granting position³.

Since Civil Service Law, rules, policies, practices, and bargaining agreements that govern the terms and conditions of employment in the Executive Branch have no force or effect on the Legislative or Judicial Branches of State Government, the policy above does not apply to an Executive Branch employee moving to a position in one of the other Branches.  It is recommended, therefore, that Executive Branch employees who may be considering a position in either the Judicial Branch or the Legislative Branch check with the Administrative Office of the Courts or the Office of the Executive Director, Maine Legislature, with questions concerning salary and benefits administration prior to accepting employment.

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¹ The Constitutional Officers - the Attorney General, the State Treasurer, the Secretary of State, and the State Auditor - are elected by the Legislature.  That notwithstanding, the terms and conditions of employment for their employees generally are coupled with those of the Executive Branch, including rights derived from the bargaining agreements, civil service rules, policies, and practices.

² Employment in the Executive Branch must begin on the next regular workday following resignation from the other Branch.

³ The term “status granting position” means a position which confers to the incumbent status as a state employee in the Executive Branch of Maine State Government.  Such positions include permanent, seasonal, and limited period full-time and part-time positions; and permanent, seasonal, and limited period intermittent employees after having worked 1,040 hours.  Positions which do not confer status as a state employee in the Executive Branch include project positions, acting capacity positions (not to be confused with “temp comp” or temporary compensation assignments), most unclassified confidential positions, and any position outside the Executive Branch.