1 | The Committee on State Administration recommends the following: |
2 |
|
3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to employees of public schools; amending |
7 | s. 1012.61, F.S.; deleting a restriction on who may |
8 | receive annual payment for accumulated sick leave; |
9 | revising restrictions regarding terminal pay for |
10 | accumulated sick leave to certain employees; providing an |
11 | effective date. |
12 |
|
13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
|
15 | Section 1. Paragraph (a) of subsection (2) of section |
16 | 1012.61, Florida Statutes, is amended to read: |
17 | 1012.61 Sick leave.-- |
18 | (2) PROVISIONS GOVERNING SICK LEAVE.--The following |
19 | provisions shall govern sick leave: |
20 | (a) Extent of leave.-- |
21 | 1. Each member of the instructional staff employed on a |
22 | full-time basis is entitled to 4 days of sick leave as of the |
23 | first day of employment of each contract year and shall |
24 | thereafter earn 1 day of sick leave for each month of |
25 | employment, which shall be credited to the member at the end of |
26 | that month and which may not be used before it is earned and |
27 | credited to the member. Each other employee shall be credited |
28 | with 4 days of sick leave at the end of the first month of |
29 | employment of each contract year and shall thereafter be |
30 | credited for 1 day of sick leave for each month of employment, |
31 | which shall be credited to the employee at the end of the month |
32 | and which may not be used before it is earned and credited to |
33 | the employee. However, each member of the instructional staff |
34 | and each other employee is entitled to earn no more than 1 day |
35 | of sick leave times the number of months of employment during |
36 | the year of employment. If the employee terminates his or her |
37 | employment and has not accrued the 4 days of sick leave |
38 | available to him or her, the district school board may withhold |
39 | the average daily amount for the days of sick leave used but |
40 | unearned by the employee. Such leave may be taken only when |
41 | necessary because of sickness as prescribed in this section. |
42 | The sick leave shall be cumulative from year to year. There |
43 | shall be no limit on the number of days of sick leave which a |
44 | member of the instructional staff or an educational support |
45 | employee may accrue, except that at least one-half of this |
46 | cumulative leave must be established within the district |
47 | granting such leave. |
48 | 2. A district school board may establish policies and |
49 | prescribe standards to permit an employee to be absent 6 days |
50 | each school year for personal reasons. However, such absences |
51 | for personal reasons must be charged only to accrued sick leave, |
52 | and leave for personal reasons is noncumulative. |
53 | 3. District school boards may adopt rules permitting the |
54 | annual payment for accumulated sick leave that is earned for |
55 | that year and that is unused at the end of the school year, |
56 | based on the daily rate of pay of the employee multiplied by up |
57 | to 80 percent. Days for which such payment is received shall be |
58 | deducted from the accumulated leave balance. Such annual payment |
59 | may apply only to instructional staff and educational support |
60 | employees. |
61 | 4. A district school board may establish policies to |
62 | provide terminal pay for accumulated sick leave to instructional |
63 | staff and educational support employees of the district school |
64 | board. If termination of employment is by death of the |
65 | employee, any terminal pay to which the employee may have been |
66 | entitled may be made to his or her beneficiary. However, such |
67 | terminal pay may not exceed an amount determined as follows: |
68 | a. During the first 3 years of service, the daily rate of |
69 | pay multiplied by 35 percent times the number of days of |
70 | accumulated sick leave. |
71 | b. During the next 3 years of service, the daily rate of |
72 | pay multiplied by 40 percent times the number of days of |
73 | accumulated sick leave. |
74 | c. During the next 3 years of service, the daily rate of |
75 | pay multiplied by 45 percent times the number of days of |
76 | accumulated sick leave. |
77 | d. During the next 3 years of service, the daily rate of |
78 | pay multiplied by 50 percent times the number of days of |
79 | accumulated sick leave. |
80 | e. During and after the 13th year of service, the daily |
81 | rate of pay multiplied by 100 percent times the number of days |
82 | of accumulated sick leave. |
83 | 5. A district school board may establish policies to |
84 | provide terminal pay for accumulated sick leave to any full-time |
85 | employee of the district school board other than instructional |
86 | staff or educational support employees as defined in this |
87 | section. If termination of the employee is by death of the |
88 | employee, any terminal pay to which the employee may have been |
89 | entitled may be made to the employee's beneficiary. For terminal |
90 | pay purposes, sick leave accrued after June 30, 2004, shall be |
91 | compensated at no more than the salary applicable at the time |
92 | the sick leave was earned. Sick leave used during a year shall |
93 | be deducted from the most recent leave accrued. |
94 | a. Terminal pay may not exceed one-fourth of all unused |
95 | sick leave accumulated on or after July 1, 2001, and may not |
96 | exceed a maximum of 60 days of actual payment. This limit does |
97 | not impair any contractual agreement established before July 1, |
98 | 2001; however, a previously established contract renewed on or |
99 | after July 1, 2001, constitutes a new contract. |
100 | b. For unused sick leave accumulated before July 1, 2001, |
101 | terminal payment shall be made pursuant to a district school |
102 | board's policies, contracts, or rules that are in effect on June |
103 | 30, 2001. |
104 | c. If an employee has an accumulated sick leave balance of |
105 | 60 days of actual payment or more prior to July 1, 2001, sick |
106 | leave earned after that date may not be accumulated for terminal |
107 | pay purposes until the accumulated leave balance for leave |
108 | earned before July 1, 2001, is less than 60 days. |
109 | Section 2. This act shall take effect July 1, 2004. |