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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
H0634|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN 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
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