| 1 | The Committee on State Administration recommends the following: |
| 2 |
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| 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 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 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. |