HOUSE AMENDMENT Bill No. HB 1899
1	CHAMBER ACTION
2	Senate House
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12	Representative Arza offered the following:
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14	Amendment (with title amendment)
15	Between line(s) 77 and 78, insert:
16	Section 3. Paragraph (a) of subsection (2) of section
17	1012.61, Florida Statutes, is amended to read:
18	1012.61 Sick leave.--
19	(2) PROVISIONS GOVERNING SICK LEAVE.--The following
20	provisions shall govern sick leave:
21	(a) Extent of leave.--
22	1. Each member of the instructional staff employed on a
23	full-time basis is entitled to 4 days of sick leave as of the
24	first day of employment of each contract year and shall
25	thereafter earn 1 day of sick leave for each month of
26	employment, which shall be credited to the member at the end of
27	that month and which may not be used before it is earned and
28	credited to the member. Each other employee shall be credited
29	with 4 days of sick leave at the end of the first month of
30	employment of each contract year and shall thereafter be
31	credited for 1 day of sick leave for each month of employment,
32	which shall be credited to the employee at the end of the month
33	and which may not be used before it is earned and credited to
34	the employee. However, each member of the instructional staff
35	and each other employee is entitled to earn no more than 1 day
36	of sick leave times the number of months of employment during
37	the year of employment. If the employee terminates his or her
38	employment and has not accrued the 4 days of sick leave
39	available to him or her, the district school board may withhold
40	the average daily amount for the days of sick leave used but
41	unearned by the employee. Such leave may be taken only when
42	necessary because of sickness as prescribed in this section. The
43	sick leave shall be cumulative from year to year. There shall be
44	no limit on the number of days of sick leave which a member of
45	the instructional staff or an educational support employee may
46	accrue, except that at least one-half of this cumulative leave
47	must be established within the district granting such leave.
48	2. A district school board may establish policies and
49	prescribe standards to permit an employee to be absent 6 days
50	each school year for personal reasons. However, such absences
51	for personal reasons must be charged only to accrued sick leave,
52	and leave for personal reasons is noncumulative.
53	3. District school boards may adopt rules permitting the
54	annual payment for accumulated sick leave that is earned for
55	that year and that is unused at the end of the school year,
56	based on the daily rate of pay of the employee multiplied by up
57	to 80 percent. Days for which such payment is received shall be
58	deducted from the accumulated leave balance. Such annual payment
59	may apply only to instructional staff and educational support
60	employees.
61	4. A district school board may establish policies to
62	provide terminal pay for accumulated sick leave to instructional
63	staff and educational support employees of the district school
64	board. If termination of employment is by death of the employee,
65	any terminal pay to which the employee may have been entitled
66	may be made to his or her beneficiary. However, such terminal
67	pay may not exceed an amount determined as follows:
68	a. During the first 3 years of service, the daily rate of
69	pay multiplied by 35 percent times the number of days of
70	accumulated sick leave.
71	b. During the next 3 years of service, the daily rate of
72	pay multiplied by 40 percent times the number of days of
73	accumulated sick leave.
74	c. During the next 3 years of service, the daily rate of
75	pay multiplied by 45 percent times the number of days of
76	accumulated sick leave.
77	d. During the next 3 years of service, the daily rate of
78	pay multiplied by 50 percent times the number of days of
79	accumulated sick leave.
80	e. During and after the 13th year of service, the daily
81	rate of pay multiplied by 100 percent times the number of days
82	of accumulated sick leave.
83	5. A district school board may establish policies to
84	provide terminal pay for accumulated sick leave to any full-time
85	employee of the district school board other than instructional
86	staff or educational support employees as defined in this
87	section. If termination of the employee is by death of the
88	employee, any terminal pay to which the employee may have been
89	entitled may be made to the employee's beneficiary. For terminal
90	pay purposes, sick leave accrued after June 30, 2003, shall be
91	compensated at no more than the daily rate of pay applicable at
92	the time sick leave was earned.
93	a. Terminal pay may not exceed one-fourth of all unused
94	sick leave accumulated on or after July 1, 2001, and may not
95	exceed a maximum of 60 days of actual payment. This limit does
96	not impair any contractual agreement established before July 1,
97	2001; however, a previously established contract renewed on or
98	after July 1, 2001, constitutes a new contract.
99	b. For unused sick leave accumulated before July 1, 2001,
100	terminal payment shall be made pursuant to a district school
101	board's policies, contracts, or rules that are in effect on June
102	30, 2001.
103	c. If an employee has an accumulated sick leave balance of
104	60 days of actual payment or more prior to July 1, 2001, sick
105	leave earned after that date may not be accumulated for terminal
106	pay purposes until the accumulated leave balance for leave
107	earned before July 1, 2001, is less than 60 days.
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109	For purposes of this section, "educational support employee"
110	means any person employed by a district school board as a
111	teacher assistant; an education paraprofessional; a member of
112	the transportation, operations, maintenance, or food service
113	department; a secretary; or a clerical employee.
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116	================= T I T L E A M E N D M E N T =================
117	Remove line(s) 8, and insert:
118	purposes; amending s. 1012.61, F.S.; deleting restriction that
119	permits annual payment for accumulated sick leave only to
120	instructional staff and educational support employees; revising
121	restrictions regarding terminal pay for accumulated sick leave
122	to employees other than instructional staff or educational
123	support employees; defining "educational support employee;"
124	amending s. 1012.79, F.S.; revising the number