RULES OF THE - Florida Department of Management Services



RULES OF THE

DEPARTMENT OF MANAGEMENT SERVICES

PERSONNEL MANAGEMENT SYSTEM

CHAPTER 60L-11

SICK LEAVE POOLS FOR STATE EMPLOYEES

60L-11.001 Authority.

60L-11.002 Administration of Sick Leave Pool.

60L-11.003 Initial Membership Requirements.

60L-11.004 Maintenance of Sick Leave Pool.

60L-11.001 Authority.

Chapter 79-306, Laws of Florida, effective June 29, 1979, created Section 110.121, Florida Statutes, authorizing the adoption of rules for the establishment of a plan allowing participating full-time employees to pool sick leave for use on depletion of their sick leave. Chapter 91-184, Laws of Florida, amended Section 110.121, Florida Statutes, extending the plan to part-time employees.

Specific Authority 110.121, 20.05(5), 120.53(1) FS. Law Implemented 110.121 FS. History-New 11-26-79, Formerly 22K-13.01, 22K-13.001, Amended 10-24-94.

60L-11.002 Administration of Sick Leave Pool.

(1) The decision whether sick leave pools will be established within an agency shall be the sole responsibility of the head of the employing agency. The agency head shall determine the number of sick leave pools, if any, that will be established in the agency, the employees who will be eligible to participate in each pool that is established, and will designate the person responsible for administering each such pool, herein referred to as the Administrator. The agency head shall appoint at least three employees who have elected to participate in the pool to serve as the committee.

(2) The administrator shall meet with the committee and act as liaison with the appropriate agency personnel office to review a participating employee's individual sick leave account.

(3) The sick leave pool administrator shall maintain accurate and reliable records relative to all functions of the pool.

(4) Internal procedures shall be established by each committee which shall include, but not be limited to, the following:

(a) The enrollment of participating employees in the sick leave pool.

(b) Application for use of sick leave credits from the pool.

(c) Initial and subsequent deductions from participating employee's sick leave accounts.

Specific Authority 110.121, 20.05(5) FS. Law Implemented 110.121 FS. History-New 11-26-79, Amended 2-17-80, Formerly 22K-13.02, 22K-13.002.

60L-11.003 Initial Membership Requirements.

Participation in the sick leave pool shall at all times be voluntary on the part of any employee. An employee shall be eligible to participate in the sick leave pool after completion of one year of employment with the state, provided that a minimum of 64 hours of sick leave has been accumulated by such employee. Each full-time participating employee shall contribute 8 hours of sick leave in the first month of eligibility, and thereafter, each full-time participant shall contribute 8 hours each time the pool is depleted. A part-time employee shall contribute sick leave on a pro-rata basis in the first month of eligibility and at each time the pool is depleted. All sick leave contributed shall be removed from the employee's sick leave account and be placed into the sick leave pool account.

Specific Authority 110.121, 20.05(5), 120.53(1) FS. Law Implemented 110.121 FS. History--New 11-26-79. Amended 8-1-85, Formerly 22K-13.03, 22K-13.003, Amended 10-24-94.

60L-11.004 Maintenance of Sick Leave Pool.

(1) The agency head shall determine, or may delegate to the committee to determine, the following:

(a) The number of hours to be deposited in the sick leave pool which will activate the pool for use by eligible employees.

(b) The maximum number of hours of sick leave in the pool which any one employee may use.

(c) The number of hours which will constitute depletion of the pool and which requires further contribution of the participating employee. Each full-time participant shall contribute 8 hours to the pool to replenish its balance. Each part-time participant shall contribute hours on a pro-rata basis.

1. If the participating full-time employee's individual sick leave balance is less than 8 hours and a part-time participant's balance is less than the pro-rated amount at the time the pool is depleted, he/she shall contribute all hours accumulated, and shall contribute the remainder as soon as additional sick leave credits have been accrued by the employee. The employee shall not be allowed to use his/her sick leave credits until the amount owed to the pool has been contributed.

2. When a participating employee repeatedly fails to have a sufficient balance in his/her individual sick leave account when requested to contribute the appropriate hours to the pool, the reasons for the use of sick leave credits by the employee shall be investigated by the administrator for a determination as to whether the employee's membership in the pool should be cancelled. The decision for such cancellation shall be by majority vote of the committee.

(2) A participating employee shall be allowed to "donate" to the pool up to 16 hours of unused or unpaid sick leave from the employee's individual sick leave balance at the time of retirement or termination from state government.

(3) Any sick leave contributed to the sick leave pool by a participating employee shall be forfeited upon the employee's cancellation of membership in the pool, upon retirement, upon termination from state government, or upon termination from the agency unless transferred pursuant to paragraph (7).

(4) A participating employee shall be granted sick leave from the pool only after depletion of all personal accrued sick, annual, and compensatory leave credits. Sick leave withdrawn from the pool may be used only for the employee's personal illness, accident, or injury.

(5) A participating employee who withdraws sick leave hours from the pool shall not be required to replace those hours, except as a regular contributing member of the pool.

(6) Sick leave credits may be drawn from the sick leave pool by a part-time employee on a pro-rata basis.

(7) An employee who moves to another position in state government may transfer from one agency pool to another agency pool, provided the eligibility criteria are comparable or the administrators of the pools have agreed on provisions for the transfer of sick leave credits.

(8) Alleged abuse of the use of the sick leave pool shall be investigated by the administrator of the pool, and if warranted, the participating employee shall repay all sick leave credits drawn from the pool and may have his membership in the pool cancelled by majority vote of the committee. In addition, the employee may be subject to disciplinary action in accordance with the agency's procedure for taking disciplinary actions.

Specific Authority 110.121, 20.05(5) FS. Law Implemented 110.121 FS. History-New 11-26-79, Amended 2-17-80, Formerly 22K-13.04, 22K-13.004, Amended 10-24-94.

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