Senate Bill sb2246

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2246

    By Senator Crist





    12-1668-03                                          See HB 247

  1                      A bill to be entitled

  2         An act relating to public school personnel;

  3         amending s. 1012.61, F.S.; deleting a

  4         restriction that permits annual payment for

  5         accumulated sick leave only to instructional

  6         staff and educational support employees;

  7         deleting restrictions regarding terminal pay

  8         for accumulated sick leave to employees other

  9         than instructional staff or educational support

10         employees; providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Paragraph (a) of subsection (2) of section

15  1012.61, Florida Statutes, is amended to read:

16         1012.61  Sick leave.--

17         (2)  PROVISIONS GOVERNING SICK LEAVE.--The following

18  provisions shall govern sick leave:

19         (a)  Extent of leave.--

20         1.  Each member of the instructional staff employed on

21  a full-time basis is entitled to 4 days of sick leave as of

22  the first day of employment of each contract year and shall

23  thereafter earn 1 day of sick leave for each month of

24  employment, which shall be credited to the member at the end

25  of that month and which may not be used before it is earned

26  and credited to the member. Each other employee shall be

27  credited with 4 days of sick leave at the end of the first

28  month of employment of each contract year and shall thereafter

29  be credited for 1 day of sick leave for each month of

30  employment, which shall be credited to the employee at the end

31  of the month and which may not be used before it is earned and

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    Florida Senate - 2003                                  SB 2246
    12-1668-03                                          See HB 247




 1  credited to the employee. However, each member of the

 2  instructional staff and each other employee is entitled to

 3  earn no more than 1 day of sick leave times the number of

 4  months of employment during the year of employment. If the

 5  employee terminates his or her employment and has not accrued

 6  the 4 days of sick leave available to him or her, the district

 7  school board may withhold the average daily amount for the

 8  days of sick leave used but unearned by the employee. Such

 9  leave may be taken only when necessary because of sickness as

10  prescribed in this section. The sick leave shall be cumulative

11  from year to year. There shall be no limit on the number of

12  days of sick leave which a member of the instructional staff

13  or an educational support employee may accrue, except that at

14  least one-half of this cumulative leave must be established

15  within the district granting such leave.

16         2.  A district school board may establish policies and

17  prescribe standards to permit an employee to be absent 6 days

18  each school year for personal reasons. However, such absences

19  for personal reasons must be charged only to accrued sick

20  leave, and leave for personal reasons is noncumulative.

21         3.  District school boards may adopt rules permitting

22  the annual payment for accumulated sick leave that is earned

23  for that year and that is unused at the end of the school

24  year, based on the daily rate of pay of the employee

25  multiplied by up to 80 percent. Days for which such payment is

26  received shall be deducted from the accumulated leave balance.

27  Such annual payment may apply only to instructional staff and

28  educational support employees.

29         4.  A district school board may establish policies to

30  provide terminal pay for accumulated sick leave to

31  instructional staff and educational support employees of the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2246
    12-1668-03                                          See HB 247




 1  district school board. If termination of employment is by

 2  death of the employee, any terminal pay to which the employee

 3  may have been entitled may be made to his or her beneficiary.

 4  However, such terminal pay may not exceed an amount determined

 5  as follows:

 6         a.  During the first 3 years of service, the daily rate

 7  of pay multiplied by 35 percent times the number of days of

 8  accumulated sick leave.

 9         b.  During the next 3 years of service, the daily rate

10  of pay multiplied by 40 percent times the number of days of

11  accumulated sick leave.

12         c.  During the next 3 years of service, the daily rate

13  of pay multiplied by 45 percent times the number of days of

14  accumulated sick leave.

15         d.  During the next 3 years of service, the daily rate

16  of pay multiplied by 50 percent times the number of days of

17  accumulated sick leave.

18         e.  During and after the 13th year of service, the

19  daily rate of pay multiplied by 100 percent times the number

20  of days of accumulated sick leave.

21         5.  A district school board may establish policies to

22  provide terminal pay for accumulated sick leave to any

23  full-time employee of the district school board other than

24  instructional staff or educational support employees as

25  defined in this section. If termination of the employee is by

26  death of the employee, any terminal pay to which the employee

27  may have been entitled may be made to the employee's

28  beneficiary.

29         a.  Terminal pay may not exceed one-fourth of all

30  unused sick leave accumulated on or after July 1, 2001, and

31  may not exceed a maximum of 60 days of actual payment. This

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    Florida Senate - 2003                                  SB 2246
    12-1668-03                                          See HB 247




 1  limit does not impair any contractual agreement established

 2  before July 1, 2001; however, a previously established

 3  contract renewed on or after July 1, 2001, constitutes a new

 4  contract.

 5         b.  For unused sick leave accumulated before July 1,

 6  2001, terminal payment shall be made pursuant to a district

 7  school board's policies, contracts, or rules that are in

 8  effect on June 30, 2001.

 9         c.  If an employee has an accumulated sick leave

10  balance of 60 days of actual payment or more prior to July 1,

11  2001, sick leave earned after that date may not be accumulated

12  for terminal pay purposes until the accumulated leave balance

13  for leave earned before July 1, 2001, is less than 60 days.

14         Section 2.  This act shall take effect July 1, 2003.

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