HB 0087 2003
1	A bill to be entitled
2	An act relating to public school personnel; amending s.
3	1012.61, F.S.; authorizing annual payment for accumulated
4	sick leave to any full-time employee of the district
5	school board; revising provisions relating to terminal pay
6	for accumulated sick leave to certain full-time employees
7	of the district school board; providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1. Paragraph (a) of subsection (2) of section
12	1012.61, Florida Statutes, is amended to read:
13	1012.61 Sick leave.--
14	(2) PROVISIONS GOVERNING SICK LEAVE.--The following
15	provisions shall govern sick leave:
16	(a) Extent of leave.--
17	1. Each member of the instructional staff employed on a
18	full-time basis is entitled to 4 days of sick leave as of the
19	first day of employment of each contract year and shall
20	thereafter earn 1 day of sick leave for each month of
21	employment, which shall be credited to the member at the end of
22	that month and which may not be used before it is earned and
23	credited to the member. Each other employee shall be credited
24	with 4 days of sick leave at the end of the first month of
25	employment of each contract year and shall thereafter be
26	credited for 1 day of sick leave for each month of employment,
27	which shall be credited to the employee at the end of the month
28	and which may not be used before it is earned and credited to
29	the employee. However, each member of the instructional staff
30	and each other employee is entitled to earn no more than 1 day
31	of sick leave times the number of months of employment during
32	the year of employment. If the employee terminates his or her
33	employment and has not accrued the 4 days of sick leave
34	available to him or her, the district school board may withhold
35	the average daily amount for the days of sick leave used but
36	unearned by the employee. Such leave may be taken only when
37	necessary because of sickness as prescribed in this section. The
38	sick leave shall be cumulative from year to year. There shall be
39	no limit on the number of days of sick leave which a member of
40	the instructional staff or an educational support employee may
41	accrue, except that at least one-half of this cumulative leave
42	must be established within the district granting such leave.
43	2. A district school board may establish policies and
44	prescribe standards to permit an employee to be absent 6 days
45	each school year for personal reasons. However, such absences
46	for personal reasons must be charged only to accrued sick leave,
47	and leave for personal reasons is noncumulative.
48	3. District school boards may adopt rules permitting the
49	annual payment for accumulated sick leave that is earned for
50	that year and that is unused at the end of the school year,
51	based on the daily rate of pay of the employee multiplied by up
52	to 80 percent. Days for which such payment is received shall be
53	deducted from the accumulated leave balance. Such annual payment
54	may applyonlytoany full-time employee of the district school
55	boardinstructional staff and educational support employees.
56	4. A district school board may establish policies to
57	provide terminal pay for accumulated sick leave toany full-time
58	employeeinstructional staff and educational support employees
59	of the district school board. If termination of employment is by
60	death of the employee, any terminal pay to which the employee
61	may have been entitled may be made to his or her beneficiary.
62	However, such terminal pay may not exceed an amount determined
63	as follows:
64	a. During the first 3 years of service, the daily rate of
65	pay multiplied by 35 percent times the number of days of
66	accumulated sick leave.
67	b. During the next 3 years of service, the daily rate of
68	pay multiplied by 40 percent times the number of days of
69	accumulated sick leave.
70	c. During the next 3 years of service, the daily rate of
71	pay multiplied by 45 percent times the number of days of
72	accumulated sick leave.
73	d. During the next 3 years of service, the daily rate of
74	pay multiplied by 50 percent times the number of days of
75	accumulated sick leave.
76	e. During and after the 13th year of service, the daily
77	rate of pay multiplied by 100 percent times the number of days
78	of accumulated sick leave.
79	5. A district school board may establish policies to
80	provide terminal pay for accumulated sick leave to any full-time
81	employee of the district school board other than instructional
82	staff or educational support employees as defined in this
83	section. If termination of the employee is by death of the
84	employee, any terminal pay to which the employee may have been
85	entitled may be made to the employee's beneficiary.
86	a. Terminal pay may not exceed one-fourth of all unused
87	sick leave accumulated on or after July 1, 2001, and may not
88	exceed a maximum of 60 days of actual payment. This limit does
89	not impair any contractual agreement established before July 1,
90	2001; however, a previously established contract renewed on or
91	after July 1, 2001, constitutes a new contract.
92	b. For unused sick leave accumulated before July 1, 2001,
93	terminal payment shall be made pursuant to a district school
94	board's policies, contracts, or rules that are in effect on June
95	30, 2001.
96	c. If an employee has an accumulated sick leave balance of
97	60 days of actual payment or more prior to July 1, 2001, sick
98	leave earned after that date may not be accumulated for terminal
99	pay purposes until the accumulated leave balance for leave
100	earned before July 1, 2001, is less than 60 days.
101	Section 2. This act shall take effect July 1, 2003.
102