1998 Legislation
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HOUSE BILL NO. 634 – State employee, vacation transfer

HOUSE BILL NO. 634

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Daily Data Tracking History



H0634....................................................by HUMAN RESOURCES
STATE EMPLOYEES - VACATION - Amends existing law to allow the transfer of
vacation leave to a fellow state employee who has exhausted sick and
vacation leave due to a personal or family medical crisis, with the
approval of the appointing authorities of both the transferring and
receiving employee.

02/06    House intro - 1st rdg - to printing
02/09    Rpt prt - to HuRes
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/23    3rd rdg - PASSED - 66-3-1
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
      Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
      Clark, Crane, Crow, Cuddy, Deal, Ellsworth, Field(13), Field(20),
      Gagner, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet, Jones(9),
      Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander,
      Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer,
      Miller, Mortensen, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
      Robison, Sali, Schaefer, Stoicheff, Stone, Stubbs, Taylor, Tilman,
      Tippets, Trail, Watson, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Geddes, Newcomb, Stevenson
      Absent and excused -- Denney
    Floor Sponsor - Schaefer
    Title apvd - to Senate
02/24    Senate intro - 1st rdg - to Com/HuRes
03/11    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 30-2-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Deide, Dunklin, Frasure, Hawkins, Ingram, Ipsen,
      King, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy,
      Schroeder, Sorensen, Stennett, Sweeney, Thorne, Twiggs, Wheeler,
      Whitworth
      NAYS--Geddes, Lee
      Absent and excused--Darrington, Hansen, Keough
    Floor Sponsor - Deide
    Title apvd - to House
03/19    To enrol - rpt enrol - Sp signed
    Pres signed - to Governor
03/20    Governor signed
         Session Law Chapter 234
         Effective: 07/01/98

Bill Text


H0634


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 634

                               BY HUMAN RESOURCES COMMITTEE

 1                                        AN ACT
 2    RELATING TO PUBLIC EMPLOYEES; AMENDING SECTION 67-5335, IDAHO CODE, TO PROVIDE
 3        THAT AN EMPLOYEE MAY TRANSFER VACATION LEAVE  TO  ANOTHER  EMPLOYEE  UNDER
 4        CONDITIONS SPECIFIED.

 5    Be It Enacted by the Legislature of the State of Idaho:

 6        SECTION  1.  That  Section 67-5335, Idaho Code, be, and the same is hereby
 7    amended to read as follows:

 8        67-5335.  VACATION TIME -- ELIGIBILITY -- MAXIMUM TIME -- RIGHT TO  ANNUAL
 9    VACATION. (1) An appointing authority shall permit each officer or employee to
10    take vacation leave to the extent such leave has accrued.
11        (2)  Vacation leave may be accrued and accumulated only as follows, unless
12    amounts  in  excess  of the permitted accumulations have been expressly autho-
13    rized in writing by the board of examiners during unusual or emergency  situa-
14    tions:
15        During  the  first  ten  thousand  four hundred (10,400) hours of credited
16    state service, vacation leave may be accrued and accumulated to a  maximum  of
17    one hundred ninety-two (192) hours;
18        During  the  second  ten  thousand four hundred (10,400) hours of credited
19    state service, vacation leave may be accrued and accumulated to a  maximum  of
20    two hundred forty (240) hours;
21        During  the  third  ten  thousand  four hundred (10,400) hours of credited
22    state service, vacation leave may be accrued and accumulated to a  maximum  of
23    two hundred eighty-eight (288) hours;
24        After  thirty-one  thousand  two  hundred (31,200) hours of credited state
25    service, vacation leave may be accrued and accumulated to a maximum  of  three
26    hundred thirty-six (336) hours.
27        (3)  Vacation  leave  shall  be transferable from department to department
28    only to the extent that it is accrued and accumulated.
29        (4)  Vacation leave shall not be earned, accrued or accumulated during any
30    pay period in which the maximum accruals and accumulations  provided  by  this
31    section have been met.
32        (5)  Vacation leave not taken shall be compensated for at the time of sep-
33    aration  only  to  the maximum accruals and accumulations allowed by this sec-
34    tion.
35        (6)  Vacation leave shall be taken on a workday basis. Regularly scheduled
36    days off and officially designated holidays falling within a period  of  vaca-
37    tion  leave  shall not be counted against vacation leave. Vacation leave shall
38    not be taken in advance of being earned and shall only be taken in pay periods
39    subsequent to being earned.
40         (7)  With the approval of the  appointing  authority  for  both  the
41    transferring  and  receiving  officer  or employee, an officer or employee may
42    transfer accrued vacation leave, up to a maximum of forty (40) hours per  fis-
43    cal  year,  to  another  officer or employee for purposes of sick leave in the


                                          2

 1    event the receiving officer or employee or a  family  member  suffers  from  a
 2    serious  illness  or injury. The amount transferred shall be converted to sick
 3    leave. An officer or employee shall not be allowed to receive  more  than  one
 4    hundred sixty (160) hours of transferred leave per fiscal year, and a transfer
 5    shall  not  occur until the receiving employee has exhausted all of his or her
 6    accrued sick and vacation leave. An officer or employee shall not be  eligible
 7    to  transfer  vacation  leave  unless  his  or her balance exceeds eighty (80)
 8    hours, and in no event may an  officer  or  employee  transfer  an  amount  of
 9    accrued  leave  which  would result  in an accrued balance of less than eighty
10    (80) hours. 

Statement of Purpose / Fiscal Impact


    





                          STATEMENT OF PURPOSE
    
                                 RS07833
    
    This bill is intended to assist our valuable state employees 
    who lack accrued sick and vacation leave and experience a serious 
    illness or injury. The bill does not create an entitlement or a 
    property right, but instead provides an option, governed by 
    certain restrictions, limitations and discretionary decisions, for 
    the transfer of accrued vacation leave from a state employee to 
    another state employee who is without accrued sick and vacation 
    leave and suffers from a serious illness or injury - the 
    transferred vacation leave converts to sick leave on an 
    hour-for-hour basis. The bill also provides a number of 
    limitations designed to minimize fiscal impact, if any, avoid 
    potential abuse situations, and establish a discretionary 
    framework for the employees and appointing authorities: (1) an 
    eligible employee must volunteer to transfer his or her vacation 
    leave - there is not duty or other obligation to transfer accrued 
    vacation leave; (2) an employee may transfer no more than forty 
    (40) hours of accrued vacation leave per fiscal year; (3) an 
    employee may receive no more than one hundred sixty (160) 
    transferred hours per fiscal year; (4) a transfer shall not occur 
    until the receiving employee has exhausted all of his or her sick 
    and vacation leave; (5) the transferring employee must have and 
    maintain at least an eighty (80) hour accrued vacation leave 
    balance (e.g., an employee with 110 hours of accrued vacation 
    leave is eligible to transfer up to 30 hours); (6) the receiving 
    employee or a family member must suffer from a serious illness or 
    injury necessitating the employee's absence from work; and (7) the 
    appointing authority for both employees must approve the transfer.
    
                               FISCAL NOTE
    
    No cost to the State; may be a plus by helping some 
    employees avoid short term disability.
    
    CONTACT: Rep. Schaefer
             House Human Resources Committee
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    Bill No.H 634