HB 0247 2003
1	A bill to be entitled
2	An act relating to public school personnel; amending s.
3	1012.61, F.S.; deleting restriction that permits annual
4	payment for accumulated sick leave only to instructional
5	staff and educational support employees; deleting
6	restrictions regarding terminal pay for accumulated sick
7	leave to employees other than instructional staff or
8	educational support employees; providing an effective
9	date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1. Paragraph (a) of subsection (2) of section
14	1012.61, Florida Statutes, is amended to read:
15	1012.61 Sick leave.--
16	(2) PROVISIONS GOVERNING SICK LEAVE.--The following
17	provisions shall govern sick leave:
18	(a) Extent of leave.--
19	1. Each member of the instructional staff employed on a
20	full-time basis is entitled to 4 days of sick leave as of the
21	first day of employment of each contract year and shall
22	thereafter earn 1 day of sick leave for each month of
23	employment, which shall be credited to the member at the end of
24	that month and which may not be used before it is earned and
25	credited to the member. Each other employee shall be credited
26	with 4 days of sick leave at the end of the first month of
27	employment of each contract year and shall thereafter be
28	credited for 1 day of sick leave for each month of employment,
29	which shall be credited to the employee at the end of the month
30	and which may not be used before it is earned and credited to
31	the employee. However, each member of the instructional staff
32	and each other employee is entitled to earn no more than 1 day
33	of sick leave times the number of months of employment during
34	the year of employment. If the employee terminates his or her
35	employment and has not accrued the 4 days of sick leave
36	available to him or her, the district school board may withhold
37	the average daily amount for the days of sick leave used but
38	unearned by the employee. Such leave may be taken only when
39	necessary because of sickness as prescribed in this section. The
40	sick leave shall be cumulative from year to year. There shall be
41	no limit on the number of days of sick leave which a member of
42	the instructional staff or an educational support employee may
43	accrue, except that at least one-half of this cumulative leave
44	must be established within the district granting such leave.
45	2. A district school board may establish policies and
46	prescribe standards to permit an employee to be absent 6 days
47	each school year for personal reasons. However, such absences
48	for personal reasons must be charged only to accrued sick leave,
49	and leave for personal reasons is noncumulative.
50	3. District school boards may adopt rules permitting the
51	annual payment for accumulated sick leave that is earned for
52	that year and that is unused at the end of the school year,
53	based on the daily rate of pay of the employee multiplied by up
54	to 80 percent. Days for which such payment is received shall be
55	deducted from the accumulated leave balance.Such annual payment
56	may apply only to instructional staff and educational support
57	employees.
58	4. A district school board may establish policies to
59	provide terminal pay for accumulated sick leave to instructional
60	staff and educational support employees of the district school
61	board. If termination of employment is by death of the employee,
62	any terminal pay to which the employee may have been entitled
63	may be made to his or her beneficiary. However, such terminal
64	pay may not exceed an amount determined as follows:
65	a. During the first 3 years of service, the daily rate of
66	pay multiplied by 35 percent times the number of days of
67	accumulated sick leave.
68	b. During the next 3 years of service, the daily rate of
69	pay multiplied by 40 percent times the number of days of
70	accumulated sick leave.
71	c. During the next 3 years of service, the daily rate of
72	pay multiplied by 45 percent times the number of days of
73	accumulated sick leave.
74	d. During the next 3 years of service, the daily rate of
75	pay multiplied by 50 percent times the number of days of
76	accumulated sick leave.
77	e. During and after the 13th year of service, the daily
78	rate of pay multiplied by 100 percent times the number of days
79	of accumulated sick leave.
80	5. A district school board may establish policies to
81	provide terminal pay for accumulated sick leave to any full-time
82	employee of the district school board other than instructional
83	staff or educational support employees as defined in this
84	section. If termination of the employee is by death of the
85	employee, any terminal pay to which the employee may have been
86	entitled may be made to the employee's beneficiary.
87	a. Terminal pay may not exceed one-fourth of all unused
88	sick leave accumulated on or after July 1, 2001, and may not
89	exceed a maximum of 60 days of actual payment. This limit does
90	not impair any contractual agreement established before July 1,
91	2001; however, a previously established contract renewed on or
92	after July 1, 2001, constitutes a new contract.
93	b. For unused sick leave accumulated before July 1, 2001,
94	terminal payment shall be made pursuant to a district school
95	board's policies, contracts, or rules that are in effect on June
96	30, 2001.
97	c. If an employee has an accumulated sick leave balance of
98	60 days of actual payment or more prior to July 1, 2001, sick
99	leave earned after that date may not be accumulated for terminal
100	pay purposes until the accumulated leave balance for leave
101	earned before July 1, 2001, is less than 60 days.
102	Section 2. This act shall take effect July 1, 2003.
103