HB 0061A 2003
1	A bill to be entitled
2	An act relating to public school employment; amending s.
3	1012.61, F.S.; revising provisions relating to annual
4	payment for sick leave for school district personnel;
5	providing for construction of the act in pari materia with
6	laws enacted during the 2003 Regular Session of the
7	Legislature; 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 apply only to instructional staff and educational support
55	employees.
56	4. A district school board may establish policies to
57	provide terminal pay for accumulated sick leave to instructional
58	staff and educational support employees of the district school
59	board. If termination of employment is by death of the employee,
60	any terminal pay to which the employee may have been entitled
61	may be made to his or her beneficiary. However, such terminal
62	pay may not exceed an amount determined as follows:
63	a. During the first 3 years of service, the daily rate of
64	pay multiplied by 35 percent times the number of days of
65	accumulated sick leave.
66	b. During the next 3 years of service, the daily rate of
67	pay multiplied by 40 percent times the number of days of
68	accumulated sick leave.
69	c. During the next 3 years of service, the daily rate of
70	pay multiplied by 45 percent times the number of days of
71	accumulated sick leave.
72	d. During the next 3 years of service, the daily rate of
73	pay multiplied by 50 percent times the number of days of
74	accumulated sick leave.
75	e. During and after the 13th year of service, the daily
76	rate of pay multiplied by 100 percent times the number of days
77	of accumulated sick leave.
78	5. A district school board may establish policies to
79	provide terminal pay for accumulated sick leave to any full-time
80	employee of the district school board other than instructional
81	staff or educational support employees as defined in this
82	section. If termination of the employee is by death of the
83	employee, any terminal pay to which the employee may have been
84	entitled may be made to the employee's beneficiary.
85	a. Terminal pay may not exceed one-fourth of all unused
86	sick leave accumulated on or after July 1, 2001, and may not
87	exceed a maximum of 60 days of actual payment. This limit does
88	not impair any contractual agreement established before July 1,
89	2001; however, a previously established contract renewed on or
90	after July 1, 2001, constitutes a new contract.
91	b. For unused sick leave accumulated before July 1, 2001,
92	terminal payment shall be made pursuant to a district school
93	board's policies, contracts, or rules that are in effect on June
94	30, 2001.
95	c. If an employee has an accumulated sick leave balance of
96	60 days of actual payment or more prior to July 1, 2001, sick
97	leave earned after that date may not be accumulated for terminal
98	pay purposes until the accumulated leave balance for leave
99	earned before July 1, 2001, is less than 60 days.
100	Section 2. If any law amended by this act was also amended
101	by a law enacted at the 2003 Regular Session of the Legislature,
102	such laws shall be construed as if they had been enacted at the
103	same session of the Legislature, and full effect shall be given
104	to each if possible.
105	Section 3. This act shall take effect July 1, 2003.