HOUSE AMENDMENT
hbd-27 Bill No. SB 1162, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Diaz-Balart offered the following:
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13 Amendment to Amendment (720813) (with title amendment)
14 On page 1, between lines 17 and 18, of the amendment
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16 insert:
17 Section 1. Paragraph (a) of subsection (3) of section
18 231.40, Florida Statutes, is amended to read:
19 231.40 Sick leave.--
20 (3) PROVISIONS GOVERNING SICK LEAVE.--The following
21 provisions shall govern sick leave:
22 (a) Extent of leave.--
23 1. Each member of the instructional staff employed on
24 a full-time basis is shall be entitled to 4 days of sick leave
25 as of the first day of employment of each contract year and
26 shall thereafter earn 1 day of sick leave for each month of
27 employment, which shall be credited to the member at the end
28 of that month and which may shall not be used before prior to
29 the time it is earned and credited to the member. Each other
30 employee shall be credited with 4 days of sick leave at the
31 end of the first month of employment of each contract year and
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hbd0002 10:40 am 01162-0112-802491
HOUSE AMENDMENT
hbd-27 Bill No. SB 1162, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 shall thereafter be credited for 1 day of sick leave for each
2 month of employment, which shall be credited to the employee
3 at the end of the month and which may shall not be used before
4 prior to the time it is earned and credited to the employee.
5 However, each member of the instructional staff and each other
6 employee is shall be entitled to earn no more than 1 day of
7 sick leave times the number of months of employment during the
8 year of employment. If the employee terminates his or her
9 employment and has not accrued the 4 sick days of sick leave
10 available to him or her, the district school board may
11 withhold the average daily amount for the days of sick leave
12 used days utilized but unearned by the employee. Such leave
13 may shall be taken only when necessary because of sickness as
14 herein prescribed in this section. The sick leave shall be
15 cumulative from year to year. There shall be no limit on the
16 number of days of sick leave which a member of the
17 instructional staff or an educational support employee may
18 accrue, except that at least one-half of this cumulative leave
19 must be established within the district granting such leave.
20 2. A district school board may establish policies and
21 prescribe standards to permit an employee to be absent 6 days
22 each school year for personal reasons. However, such absences
23 for personal reasons must shall be charged only to accrued
24 sick leave, and leave for personal reasons is shall be
25 noncumulative.
26 3. District school boards may adopt rules permitting
27 the annual payment for accumulated sick leave that is earned
28 for that year and that is unused at the end of the school
29 year, based on the daily rate of pay of the employee
30 multiplied by up to 80 percent. Days for which such payment
31 is received shall be deducted from the accumulated leave
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hbd0002 10:40 am 01162-0112-802491
HOUSE AMENDMENT
hbd-27 Bill No. SB 1162, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 balance. Such annual payment may apply only to instructional
2 staff and educational support employees.
3 4. A district school board may establish policies to
4 provide terminal pay for accumulated sick leave to
5 instructional staff and educational support employees of the
6 district school board. If termination of employment is by
7 death of the employee, any terminal pay to which the employee
8 may have been entitled may be made to his or her beneficiary.
9 However, such terminal pay may shall not exceed an amount
10 determined as follows:
11 a. During the first 3 years of service, the daily rate
12 of pay multiplied by 35 percent times the number of days of
13 accumulated sick leave.
14 b. During the next 3 years of service, the daily rate
15 of pay multiplied by 40 percent times the number of days of
16 accumulated sick leave.
17 c. During the next 3 years of service, the daily rate
18 of pay multiplied by 45 percent times the number of days of
19 accumulated sick leave.
20 d. During the next 3 years of service, the daily rate
21 of pay multiplied by 50 percent times the number of days of
22 accumulated sick leave.
23 e. During and after the 13th year of service, the
24 daily rate of pay multiplied by 100 percent times the number
25 of days of accumulated sick leave.
26 5. A district school board may establish policies to
27 provide terminal pay for accumulated sick leave to any
28 full-time employee of the district school board other than
29 instructional staff or educational support employees as
30 defined in this section. If termination of the employee is by
31 death of the employee, any terminal pay to which the employee
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HOUSE AMENDMENT
hbd-27 Bill No. SB 1162, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 may have been entitled may be made to the employee's
2 beneficiary. However, for such employees hired on or after
3 July 1, 1995,
4 a. Terminal pay may shall not exceed an amount
5 determined as follows:
6 a. one-fourth of all unused sick leave accumulated on
7 or after July 1, 2001, and may 1995; however, terminal pay
8 allowable for such accumulated sick leave shall not exceed a
9 maximum of 60 days of actual payment. This limit does not
10 impair any contractual agreement established before July 1,
11 2001; however, a previously established contract renewed on or
12 after July 1, 2001, constitutes a new contract.
13 b. For unused sick leave accumulated before prior to
14 July 1, 2001 1995, terminal payment shall be made pursuant to
15 a district school board's policies, contracts, or rules that
16 which are in effect on June 30, 2001 July 1, 1995.
17 c. If an employee has an accumulated sick leave
18 balance of 60 days of actual payment or more prior to July 1,
19 2001, sick leave earned after that date may not be accumulated
20 for terminal-pay purposes until the accumulated leave balance
21 for leave earned before July 1, 2001, is less than 60 days.
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24 ================ T I T L E A M E N D M E N T ===============
25 And the title is amended as follows:
26 On page 80, lines 11 and 12, of the amendment
27 remove: all of said lines
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29 and insert in lieu thereof:
30 An act relating to education; amending s.
31 231.40, F.S.; limiting the amount of pay
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hbd0002 10:40 am 01162-0112-802491
HOUSE AMENDMENT
hbd-27 Bill No. SB 1162, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 certain employees of district school systems
2 may receive for unused sick leave upon
3 termination of employment; providing conditions
4 on the use of sick leave; amending s. 231.621,
5 F.S.;
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