HB 0305 2004
1	A bill to be entitled
2	An act relating to employees of public schools; amending
3	s. 1012.61, F.S.; deleting a restriction on who may
4	receive annual payment for accumulated sick leave;
5	revising restrictions regarding terminal pay for
6	accumulated sick leave to certain employees; providing a
7	definition; 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.
38	The sick leave shall be cumulative from year to year. There
39	shall be no limit on the number of days of sick leave which a
40	member of the instructional staff or an educational support
41	employee may accrue, except that at least one-half of this
42	cumulative leave must be established within the district
43	granting such leave.
44	2. A district school board may establish policies and
45	prescribe standards to permit an employee to be absent 6 days
46	each school year for personal reasons. However, such absences
47	for personal reasons must be charged only to accrued sick leave,
48	and leave for personal reasons is noncumulative.
49	3. District school boards may adopt rules permitting the
50	annual payment for accumulated sick leave that is earned for
51	that year and that is unused at the end of the school year,
52	based on the daily rate of pay of the employee multiplied by up
53	to 80 percent. Days for which such payment is received shall be
54	deducted from the accumulated leave balance. Such annual payment
55	may apply only to instructional staff and educational support
56	employees.
57	4. A district school board may establish policies to
58	provide terminal pay for accumulated sick leave to instructional
59	staff and educational support employees of the district school
60	board. If termination of employment is by death of the
61	employee, any terminal pay to which the employee may have been
62	entitled may be made to his or her beneficiary. However, such
63	terminal pay may not exceed an amount determined 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. For terminal
86	pay purposes, sick leave accrued after June 30, 2004, shall be
87	compensated at no more than the daily rate of pay applicable at
88	the time the sick leave was earned.
89	a. Terminal pay may not exceed one-fourth of all unused
90	sick leave accumulated on or after July 1, 2001, and may not
91	exceed a maximum of 60 days of actual payment. This limit does
92	not impair any contractual agreement established before July 1,
93	2001; however, a previously established contract renewed on or
94	after July 1, 2001, constitutes a new contract.
95	b. For unused sick leave accumulated before July 1, 2001,
96	terminal payment shall be made pursuant to a district school
97	board's policies, contracts, or rules that are in effect on June
98	30, 2001.
99	c. If an employee has an accumulated sick leave balance of
100	60 days of actual payment or more prior to July 1, 2001, sick
101	leave earned after that date may not be accumulated for terminal
102	pay purposes until the accumulated leave balance for leave
103	earned before July 1, 2001, is less than 60 days.
104
105	For purposes of this section, "educational support employee"
106	means any person employed by a district school board as a
107	teacher assistant; an education paraprofessional; a member of
108	the transportation, operations, maintenance, or food service
109	department; a secretary; or a clerical employee.
110	Section 2. This act shall take effect July 1, 2004.