Title 4 Part 23

At the time of separation from State service, an employee, his estate or beneficiary, as the case may be, shall be compensated in cash for overtime credits not in excess of 30 days accrued and unused as of the effective date of separation; and further, except where provision is made for the transfer of leave credits, he shall be compensated in cash for vacation credits not in excess of 30 days accrued and unused as of the effective date of separation, except that in the case of resignation, the appointing authority may require, as a condition for such payment, that written notice of such resignation be given to the appointing authority at least two weeks prior to the last day of work. No employee who is removed from State service as a result of disciplinary action or who resigns after charges of incompetency or misconduct have been served upon him shall be entitled to compensation for vacation credits under the provisions of this Part.

An employee on leave from his position on account of his entry into the Armed Forces of the United States for active duty (other than for training) as defined by Title 10 of the United States Code, may elect to receive compensation in cash for vacation and overtime credits not in excess of 30 days in each category accrued and unused as of the last date on which his name appeared on the State payroll.

An employee who is appointed, promoted or transferred from one department or agency to another shall be compensated in cash by the department or agency from which he is so appointed, promoted or transferred for such of his overtime credits up to 30 days as cannot be liquidated by compensatory time off prior to such appointment, promotion or transfer. An employee who is appointed, promoted or transferred from one unit or institution to another within the same department or agency in the Office of Mental Health, the Office of Mental Retardation and Developmental Disabilities, the Department of Health, the Department of Correctional Services, or the Division for Youth, or within the State University, shall not be compensated in cash for overtime but such credits shall be transferred to the new unit or institution with the employee.