HB 0305CS

CHAMBER ACTION




1The Committee on State Administration recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to employees of public schools; amending
7s. 1012.61, F.S.; deleting a restriction on who may
8receive annual payment for accumulated sick leave;
9revising restrictions regarding terminal pay for
10accumulated sick leave to certain employees; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (a) of subsection (2) of section
161012.61, Florida Statutes, is amended to read:
17     1012.61  Sick leave.--
18     (2)  PROVISIONS GOVERNING SICK LEAVE.--The following
19provisions shall govern sick leave:
20     (a)  Extent of leave.--
21     1.  Each member of the instructional staff employed on a
22full-time basis is entitled to 4 days of sick leave as of the
23first day of employment of each contract year and shall
24thereafter earn 1 day of sick leave for each month of
25employment, which shall be credited to the member at the end of
26that month and which may not be used before it is earned and
27credited to the member.  Each other employee shall be credited
28with 4 days of sick leave at the end of the first month of
29employment of each contract year and shall thereafter be
30credited for 1 day of sick leave for each month of employment,
31which shall be credited to the employee at the end of the month
32and which may not be used before it is earned and credited to
33the employee. However, each member of the instructional staff
34and each other employee is entitled to earn no more than 1 day
35of sick leave times the number of months of employment during
36the year of employment. If the employee terminates his or her
37employment and has not accrued the 4 days of sick leave
38available to him or her, the district school board may withhold
39the average daily amount for the days of sick leave used but
40unearned by the employee. Such leave may be taken only when
41necessary because of sickness as prescribed in this section.  
42The sick leave shall be cumulative from year to year.  There
43shall be no limit on the number of days of sick leave which a
44member of the instructional staff or an educational support
45employee may accrue, except that at least one-half of this
46cumulative leave must be established within the district
47granting such leave.
48     2.  A district school board may establish policies and
49prescribe standards to permit an employee to be absent 6 days
50each school year for personal reasons. However, such absences
51for personal reasons must be charged only to accrued sick leave,
52and leave for personal reasons is noncumulative.
53     3.  District school boards may adopt rules permitting the
54annual payment for accumulated sick leave that is earned for
55that year and that is unused at the end of the school year,
56based on the daily rate of pay of the employee multiplied by up
57to 80 percent.  Days for which such payment is received shall be
58deducted from the accumulated leave balance. Such annual payment
59may apply only to instructional staff and educational support
60employees.
61     4.  A district school board may establish policies to
62provide terminal pay for accumulated sick leave to instructional
63staff and educational support employees of the district school
64board.  If termination of employment is by death of the
65employee, any terminal pay to which the employee may have been
66entitled may be made to his or her beneficiary. However, such
67terminal pay may not exceed an amount determined as follows:
68     a.  During the first 3 years of service, the daily rate of
69pay multiplied by 35 percent times the number of days of
70accumulated sick leave.
71     b.  During the next 3 years of service, the daily rate of
72pay multiplied by 40 percent times the number of days of
73accumulated sick leave.
74     c.  During the next 3 years of service, the daily rate of
75pay multiplied by 45 percent times the number of days of
76accumulated sick leave.
77     d.  During the next 3 years of service, the daily rate of
78pay multiplied by 50 percent times the number of days of
79accumulated sick leave.
80     e.  During and after the 13th year of service, the daily
81rate of pay multiplied by 100 percent times the number of days
82of accumulated sick leave.
83     5.  A district school board may establish policies to
84provide terminal pay for accumulated sick leave to any full-time
85employee of the district school board other than instructional
86staff or educational support employees as defined in this
87section. If termination of the employee is by death of the
88employee, any terminal pay to which the employee may have been
89entitled may be made to the employee's beneficiary. For terminal
90pay purposes, sick leave accrued after June 30, 2004, shall be
91compensated at no more than the salary applicable at the time
92the sick leave was earned. Sick leave used during a year shall
93be deducted from the most recent leave accrued.
94     a.  Terminal pay may not exceed one-fourth of all unused
95sick leave accumulated on or after July 1, 2001, and may not
96exceed a maximum of 60 days of actual payment. This limit does
97not impair any contractual agreement established before July 1,
982001; however, a previously established contract renewed on or
99after July 1, 2001, constitutes a new contract.
100     b.  For unused sick leave accumulated before July 1, 2001,
101terminal payment shall be made pursuant to a district school
102board's policies, contracts, or rules that are in effect on June
10330, 2001.
104     c.  If an employee has an accumulated sick leave balance of
10560 days of actual payment or more prior to July 1, 2001, sick
106leave earned after that date may not be accumulated for terminal
107pay purposes until the accumulated leave balance for leave
108earned before July 1, 2001, is less than 60 days.
109     Section 2.  This act shall take effect July 1, 2004.


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