H0037aa......................................................by MR. SPEAKER Requested by Personnel Commission STATE EMPLOYEES - LEAVE - Amends existing law to provide that credited state service, whether for regular or overtime hours, will result in accrual of sick and annual leave; and to revise how one hour of credited service shall be earned by each eligible officer or employee. 01/11 House intro - 1st rdg - to printing 01/11 Rpt prt - to Com/HuRes 02/04 Rpt out - to Gen Ord 02/10 Rpt out amen - to engros 02/11 Rpt engros - 1st rdg - to 2nd rdg as amen 02/11 1st rdg - to 2nd rdg as amen 02/12 2nd rdg - to 3rd rdg as amen 02/15 3rd rdg as amen - PASSED - 63-0-6 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Clark, Crow, Cuddy, Deal, Denney, Ellsworth Field(13), Field(20), Gagner, Geddes, Gould, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kunz, Lake, Limbaugh, Linford, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moyle, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone, (Taylor)Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Chase, Hadley, Kendell, Loertscher, Pischner, Sali Dist. 15, Seat A, Vacant Floor Sponsor - Lake Title apvd - to Senate 02/16 Senate intro - 1st rdg as amen - to Com/HuRes 03/10 Rpt out - rec d/p - to 2nd rdg as amen 03/11 2nd rdg - to 3rd rdg as amen 03/16 3rd rdg as amen - PASSED - 20-9-6 AYES--Andreason, Boatright, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Ingram, Keough, McLaughlin, Noh, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Whitworth NAYS--Branch, Bunderson, Burtenshaw, Cameron, Geddes, Ipsen, Lee, Richardson, Thorne Absent and excused--Frasure, Hawkins, King, Parry, Twiggs, Wheeler Floor Sponsor - Andreason Title apvd - to House 03/17 To enrol 03/18 Rpt enrol - Sp signed - Pres signed 03/19 To Governor 03/23 Governor signed Session Law Chapter 243 Effective: 07/01/99
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 37, As Amended BY MR. SPEAKER Requested by: Personnel Commission 1 AN ACT 2 RELATING TO THE IDAHO PERSONNEL SYSTEM; AMENDING SECTION 67-5302, IDAHO CODE, 3 TO DEFINE HOURS WORKED TO INCLUDE WORK ON HOLIDAYS AND TO MAKE A TECHNICAL 4 CORRECTION; AMENDING SECTION 67-5316, IDAHO CODE, TO CORRECT A CODE REFER- 5 ENCE; AMENDING SECTION 67-5332, IDAHO CODE, TO PROVIDE CORRECT NOMENCLA- 6 TURE, TO REVISE HOW ONE HOUR OF CREDITED STATE SERVICE SHALL BE EARNED BY 7 EACH ELIGIBLE OFFICER OR EMPLOYEE AND TO MAKE A TECHNICAL CORRECTION; 8 AMENDING SECTION 67-5333, IDAHO CODE, TO CLARIFY PROCEDURES FOR COMPUTA- 9 TION OF SICK LEAVE; AND AMENDING SECTION 67-5334, IDAHO CODE, TO CLARIFY 10 PROCEDURES FOR COMPUTATION OF VACATION TIME. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 67-5302, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 67-5302. DEFINITIONS. As used in this chapter, and other applicable sec- 15 tions of the Idaho Code, each of the terms defined in this section shall have 16 the meaning given in this section unless a different meaning is clearly 17 required by the context. Such terms and their definitions are: 18 (1) "Administrative employee" means any person, nonclassified or classi- 19 fied appointed to a position which meets the following criteria: 20 1. (a) Responsible office or nonmanual work directly related to the 21 management policies of a department or section; or 22 (b) Responsible work that is directly related to academic instruc- 23 tion or training carried on in the administration of a school system 24 or educational establishment; and 25 2. The employee must customarily and regularly exercise discretion and 26 independent judgment, as distinguished from using skills and following 27 procedures. The employee must have the authority to make important deci- 28 sions; and 29 3. The employee must: 30 (a) Regularly assist a bona fide executive or administrative 31 employee; or 32 (b) Perform work under general supervision along specialized or 33 technical lines requiring special training, experience or knowledge; 34 or 35 (c) Execute under only general supervision special assignments; and 36 4. The employee is classified to a position allocated to the pay grade 37 equivalent to two hundred sixty (260) points or higher pursuant to the 38 rating system established by section 67-5309C, Idaho Code. 39 5. Final designation of a classified position as "administrative" within 40 this definition shall be made by the Idaho personnel commission. 41 (2) "Appointing authority" means the officer, board, commission, person 42 or group of persons authorized by statute or lawfully delegated authority to 43 make appointments to or employ personnel in any department. 2 1 (3) "Class" means a group of positions sufficiently similar as to the 2 duties performed, degree of supervision exercised or required, minimum 3 requirements of training, experience or skill, and other characteristics, that 4 the same title, the same tests of fitness and the same schedule of compensa- 5 tion may be applied to each position in the group. 6 (4) "Classified officer or employee" means any person appointed to or 7 holding a position in any department of the state of Idaho which position is 8 subject to the provisions of the merit examination, selection, retention, pro- 9 motion and dismissal requirements of chapter 53, title 67, Idaho Code. 10 (5) "Commission" means the Idaho personnel commission. 11 (6) "Compensatory time" means approved time off from duty provided in 12 compensation for overtime hours worked. 13 (7) "Department" means any department, agency, institution or office of 14 the state of Idaho. 15 (8) "Disabled veteran" means an individual who has served on military 16 duty in the armed forces of the United States during any period of war recog- 17 nized by the United States department of veterans affairs for the purposes of 18 awarding federal veterans' benefits as may be defined in title 38, U.S. code, 19 chapter 1, section 101(11), or during any other conflict recognized by the 20 award of a campaign or service medal of the United States; and has been sepa- 21 rated therefrom under honorable conditions; and has established the present 22 existence of a service-connected disability; and is receiving compensation, 23 disability retirement benefits, or pension under a public statute as adminis- 24 tered by the department of veterans affairs or a military department. 25 (9) "Eligible" means a person who has been determined to be qualified for 26 a classified position and whose name has been placed on the register of eligi- 27 bles. 28 (10) "Executive employee" means any person, nonclassified or classified, 29 appointed to a position equivalent to a bureau chief or above as provided in 30 section 67-2402, Idaho Code, or any employee meeting the following criteria: 31 1. An individual whose primary duty is management of a department, divi- 32 sion or section; and 33 2. Who customarily and regularly directs the work of at least two (2) or 34 more other employees therein; and 35 3. Who has the authority to hire and fire, or to recommend hiring and 36 firing; or whose recommendation on these and other actions affecting 37 employees is given particular weight; and 38 4. Who customarily and regularly exercises discretionary powers; and 39 5. Who is classified to a position allocated to the pay grade equivalent 40 to two hundred sixty (260) points or higher pursuant to the rating system 41 established by section 67-5309C, Idaho Code. 42 6. Final designation of a classified position as "executive" in this def- 43 inition shall be made by the Idaho personnel commission. 44 (11) "Exempt employee" means any employee, classified or nonclassified, 45 who is determined to be an executive, professional or administrative employee 46 as defined herein, or who qualifies for any other exemption from cash compen- 47 sation for overtime under applicable federal law. Final designation of a clas- 48 sified position as exempt shall be made by the Idaho personnel commission. 49 (12) "Full-time employee" means any employee working a forty (40) hour 50 work week. 51 (13) "Holiday" means the following: 52 January 1 (New Year's Day); 53 Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights 54 Day); 55 Third Monday in February (Washington's Birthday); 3 1 Last Monday in May (Decoration Day); 2 July 4 (Independence Day); 3 First Monday in September (Labor Day); 4 Second Monday in October (Columbus Day); 5 November 11 (Veterans Day); 6 Fourth Thursday in November (Thanksgiving); 7 December 25 (Christmas). 8 In addition, the term "holiday" shall mean any day so designated by the Presi- 9 dent of the United States or the governor of this state for a public fast, 10 thanksgiving or holiday. 11 In the event that a holiday occurs on a Saturday, the preceding Friday 12 shall be a holiday, and if the holiday falls on a Sunday, the following Monday 13 shall be a holiday. 14 A holiday is a day of exemption from work granted to employees during 15 which said employees shall be compensated as if they actually worked. 16 (14) "Hours worked" mean s those hours actually spent in the 17 performance of the employee's job on any day including holidays, 18 and shall not include holidays,vacation or sick leave or other 19 approved leave of absence. 20 (15) "Nonclassified employee" means any person appointed to or holding a 21 position in any department of the state of Idaho, which position is exempted 22 from the provisions of chapter 53, title 67, Idaho Code, as provided for in 23 section 67-5303, Idaho Code. 24 (16) "Normal work week" means any forty (40) hours worked during a partic- 25 ular one hundred and sixty-eight (168) hour period as previously established 26 by the employee's appointing authority. 27 (17) "Open competitive examination" means an examination which may be 28 taken by qualified applicants to compete on an equal basis for listing on the 29 register of eligibles. 30 (18) "Overtime work" means time worked on holidays and time worked in 31 excess of forty (40) hours in a period of one hundred sixty-eight (168) con- 32 secutive hours, except that in the case of those employees engaged in law 33 enforcement, correctional and fire protection activities characterized by 34 irregular shift work schedules, time worked in excess of one hundred sixty 35 (160) hours in a period of twenty-eight (28) consecutive days shall constitute 36 overtime work within the meaning of this chapter. 37 (19) "Participating department" means any department of the state of Idaho 38 which employs persons in classified positions subject to the merit examina- 39 tion, selection, retention, promotion and dismissal requirements of this chap- 40 ter. 41 (20) "Part-time employee" means any employee whose usually scheduled work 42 is less than forty (40) hours in a period of one hundred sixty-eight (168) 43 consecutive hours. 44 (21) "Personnel system" means the procedure for administering employees in 45 accordance with this chapter. 46 (22) "Political office" means a public office for which partisan politics 47 is a basis for nomination, election or appointment. 48 (23) "Political organization" means a party which sponsors candidates for 49 election to political office. 50 (24) "Position" means a group of duties and responsibilities legally 51 assigned or delegated by one (1) or more appointing authorities and requiring 52 the employment of one (1) person. 53 (25) "Professional employee" means any person, nonclassified or classi- 54 fied, appointed to a position which meets the following criteria: 55 1. The employee's primary duty must be either: 4 1 (a) Work requiring knowledge of an advanced type in a field of sci- 2 ence or learning, customarily obtained by a prolonged course of spe- 3 cialized instruction and study; or 4 (b) Work that is original and creative in character in a recognized 5 field of artistic endeavor and the result of which depends primarily 6 on his invention, imagination, or talent; or 7 (c) Work as a teacher certified or recognized as such in a school 8 system or educational institution by which he is employed; and 9 2. The employee must consistently exercise discretion and judgment; and 10 3. The employee must do work that is predominantly intellectual and var- 11 ied, as distinguished from routine or mechanical duties; and 12 4. The employee is classified to a position allocated to the pay grade 13 equivalent to two hundred sixty (260) points or higher pursuant to the 14 rating system established in section 67-5309C, Idaho Code. 15 5. Final designation of a classified position as "professional" within 16 this definition shall be made by the Idaho personnel commission. 17 (26) "Provisional appointment" means appointment to a classified position 18 pending the establishment of a register for such position and employment shall 19 not be continued in this status longer than thirty (30) days after establish- 20 ment of a register. 21 (27) "Qualifying examination" means an examination given to a selected 22 person to determine eligibility for reclassification or appointment to a posi- 23 tion in a classification. 24 (28) "Register" means a list of names of persons who have been determined 25 to be eligible for employment in a classified position as determined on the 26 basis of examination and merit factors as established by the commission. 27 (29) "Seasonal appointment" means an appointment to a position which is 28 permanent in nature, but which has intermittent work periods throughout the 29 year. 30 (30) "Service rating" means a recorded evaluation of work performance and 31 promotional potential of an employee by his supervisor. 32 (31) "Temporary appointment" means appointment to a position which is not 33 permanent in nature, and in which employment will not exceed one thousand 34 three hundred eighty-five (1,385) hours during any twelve (12) month period. 35 No person holding a temporary appointment may work in excess of one thousand 36 three hundred eighty-five (1,385) hours during a twelve (12) month period of 37 time for any one (1) department, except upon petition by the appointing 38 authority of the department of lands that demonstrates good cause, the direc- 39 tor of the personnel commission may extend the one thousand three hundred 40 eighty-five (1,385) hour limit for employees of the department who are 41 required to perform fire suppression activities. 42 (32) "Vacation leave" means a period of exemption from work granted to 43 employees during which time said employees shall be compensated. The term 44 shall not include compensatory time for overtime work. 45 (33) "Veteran" means any person who has served in the active service of 46 the armed forces of the United States during any period of war recognized by 47 the United States department of veterans affairs for the purpose of awarding 48 federal veterans' benefits as may be defined in title 38, U.S. code, chapter 49 1, section 101(11), or during any other conflict recognized by the award of a 50 campaign or service medal of the United States, and who has been discharged 51 under other than dishonorable conditions. 52 SECTION 2. That Section 67-5316, Idaho Code, be, and the same is hereby 53 amended to read as follows: 5 1 67-5316. APPEAL PROCEDURE. (1) Appeals shall be limited to the following: 2 (a) Any classified employee who has successfully completed the entrance 3 probationary period may, after completing the departmental due process 4 procedure, appeal a disciplinary dismissal, demotion or suspension. 5 (b) Any classified employee may, after completing the departmental prob- 6 lem solving procedure, appeal the failure of an appointing authority to 7 provide a right and/or benefit to which the employee is entitled by law. 8 (c) Any interested person may appeal any decision or action taken by the 9 state personnel director or staff of the Idaho personnel commission in the 10 performance of their official duties. 11 (d) Any interested person may appeal any other matters as may now or 12 later be assigned to the commission by law. 13 (2) The decision or action of the appointing authority shall be final and 14 conclusive unless a classified employee files an appeal within thirty-five 15 (35) days after completing the departmental problem solving or due process 16 procedure concerning the actions referred to in subsection (1)(a), (b), (c) 17 and (d) of this section. A decision of the personnel commission director or 18 staff shall be final and conclusive as to any other interested person unless 19 an appeal is filed within thirty-five (35) days of written notice of that 20 decision. 21 (3) The commission shall assign the matter for hearing to a duly 22 appointed hearing officer, who may be a member of the commission. 23 (4) Where the action in dispute was the discharge, demotion, or suspen- 24 sion, upon determination that proper cause did not in fact exist within the 25 definitions set forth in section 67-5309( mn ), Idaho 26 Code, or that the action was taken by reason of illegal discrimination, the 27 commission or the hearing officer shall order the reinstatement of the 28 employee in the same position or a position of like status and pay, with or 29 without loss of pay for the period of discharge, demotion, or suspension, or 30 may order such other remedy as may be determined to be appropriate. In all 31 other disputed matters, the commission and the hearing officer may order such 32 action as may be appropriate. 33 (5) Process and procedure under this act shall be as summary and simple 34 as reasonably may be. The hearing officer appointed by the commission shall 35 have the power to subpoena witnesses, administer oaths, and examine such of 36 the books and records of the parties to a proceeding as relate to the ques- 37 tions in dispute. A verbatim record of the proceedings at hearings before the 38 commission or a hearing officer shall be maintained either by electrical 39 devices or by stenographic means, as the commission or hearing officer may 40 direct, but if any party to the action requests a stenographic record of the 41 proceedings, the record shall be done stenographically. The requesting party 42 shall pay the costs of transcribing the proceedings. 43 The district court, in and for the county in which any proceedings before 44 the Idaho personnel commission are held, shall have the power to enforce by 45 proper proceedings the attendance and testimony of witnesses, and production 46 and examination of books, papers, and records. 47 (6) If the parties reach an agreement in regard to the matters of dis- 48 pute, a memorandum of the agreement shall be filed with the commission and, if 49 approved by it, the memorandum shall be enforceable for all purposes. 50 (7) The hearing officer shall give written notice of the time and place 51 of hearing, either by personal service or by mail. Service by mail shall be 52 deemed complete when a copy of such notice is deposited in the United States 53 post office, with postage prepaid, addressed to a party's last known address, 54 as shown in the records and files of the commission. An affidavit of personal 55 service shall be filed by the person making the same. 6 1 (8) The hearing officer to whom the matter has been assigned shall make 2 such inquiry and investigations as shall be deemed necessary. The hearings 3 shall be held in such place as the hearing officer may designate. The decision 4 of the hearing officer, consisting of such findings of fact, conclusions of 5 law and orders as are necessary, together with the record of the proceedings, 6 shall be filed in the office of the Idaho personnel commission. A copy of the 7 hearing officer's decision shall be immediately sent to the parties by United 8 States mail. The decision of the hearing officer shall be final and conclusive 9 between the parties, unless a petition for review is filed with the commission 10 within thirty-five (35) days. The petition for review shall specifically cite 11 the alleged errors of fact or law made by the hearing officer. 12 (9) Any party in interest may file in the district court for the county 13 in which any party to the proceedings resides, a certified copy of the final 14 decision of the hearing officer, which the district court shall have the power 15 to enforce by proper proceedings. 16 (10) Where the decision and order of the hearing officer directed the 17 reinstatement of an employee, the employee shall be reinstated upon receipt of 18 a copy of the decision unless a petition for review is filed. 19 SECTION 3. That Section 67-5332, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 67-5332. CREDITED STATE SERVICE -- APPLICABILITY -- COMPUTATION. (1) For 22 the purposes of payroll, vacation or annual leave, sick leave and other appli- 23 cable purposes, credited state service shall be earned by: 24 (a) Classified officers and employees of any department, commission, 25 division, agency or board of the executive department; 26 (b) Such other classified officers and employees as may be prescribed by 27 law or by order of the state board of examiners. 28 (2) Service in the employ of any of the following units of government, or 29 other similar units, shall not earn credited state service: counties, cities, 30 school districts, juniorcommunity college dis- 31 tricts, irrigation districts and highway districts. Service as an independent 32 contractor or consultant is not state service. 33 (3) One (1) hour of credited state service shall be earned by each eligi- 34 ble state officer or employee for each hour, or major fraction thereof, 35 that the officer or employee receives pay, whether for hoursworked or 36 on approved leave as provided in subsection (4) of this section. 37 (4) Credited state service shall be earned when on approved leave with 38 pay, on approved vacation leave, approved military leave, on approved sick 39 leave, and holiday sleave . 40 (5) Service for retirement purposes shall be as provided in chapter 13, 41 title 59, Idaho Code. 42 SECTION 4. That Section 67-5333, Idaho Code, be, and the same is hereby 43 amended to read as follows: 44 67-5333. SICK LEAVE COMPUTATION. (1) The rate per hour at which sick 45 leave shall accrue to classified officers and employees earning credited state 46 service shall be at the rate represented by the proportion 96/2080. Sick leave 47 shall accrue without limit, and shall be transferable from department to 48 department. 49 (2) Sick leave shall not accrue to any officer or employee on any kind of 50 leave of absence without pay, suspension without pay or layoff , or when51 working overtime. Sick leave shall accrue while an officer or employee 7 1 is on approved leave with pay, on approved vacation leave, on approved mili- 2 tary leave with pay, and on approved sick leave. 3 (3) All accrued sick leave shall be forfeited at the time of separation 4 from state service and no officer or employee shall be reimbursed for accrued 5 sick leave at the time of separation, except as provided in section 67-5339, 6 Idaho Code. If such officer or employee returns to credited state service 7 within three (3) years of such separation, all sick leave credits accrued at 8 the time of separation shall be reinstated, except to the extent that unused 9 sick leave was utilized for the purposes specified in section 67-5339, Idaho 10 Code. 11 (4) Sick leave shall be taken on a workday basis. Regularly scheduled 12 days off and officially designated holidays falling within a period of sick 13 leave shall not be counted against sick leave. Sick leave shall not be taken 14 in advance of being earned. 15 (5) In cases where absences for sick leave exceed three (3) consecutive 16 working days, the appointing authority may require verification by a physician 17 or other authorized practitioner. 18 (6) If an absence for illness or injury extends beyond the sick leave 19 accrued to the credit of the officer or employee, the officer or employee may 20 be granted leave without pay. 21 (7) The personnel commission shall prescribe additional requirements for 22 sick leave for classified officers and employees on a part-time or irregular 23 schedule, for maintaining sick leave records, for funeral leave, and such 24 other applicable purposes as necessary. 25 SECTION 5. That Section 67-5334, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 67-5334. VACATION TIME COMPUTATION. (1) Vacation time shall not accrue to 28 any officer or employee on any kind of leave of absence without pay, suspen- 29 sion without pay or layoff , or when working overtime. 30 (2) The rate per hour at which vacation leave shall accrue to eligible 31 classified officers and employees earning credited state service shall be at 32 the rate represented by the proportion 96/2080 during the first 10,400 hours 33 of credited state service; at the rate represented by the proportion 120/2080 34 during the second 10,400 hours of credited state service; at the rate repre- 35 sented by the proportion 144/2080 during the third 10,400 hours of credited 36 state service; and at the rate represented by the proportion 168/2080 thereaf- 37 ter.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999 Moved by Lake Seconded by Crow IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 37 1 AMENDMENT TO SECTION 3 2 On page 6 of the printed bill, delete lines 31 and 32 and insert: "ble 3 state officer or employee for each hour, or major fraction thereof, that4 the officer or employee receives pay, whether for hoursworked or on 5 approved". 6 CORRECTION TO TITLE 7 On page 1, in line 6, following "TURE" insert: ", TO REVISE HOW ONE HOUR 8 OF CREDITED STATE SERVICE SHALL BE EARNED BY EACH ELIGIBLE OFFICER OR 9 EMPLOYEE".
STATEMENT OF PURPOSE RS08453 This bill deals with accrued leave benefits for state employee. The bill is an attempt to correct a problem in sick and vacation leave accrual which originally resulted from a drafting error in 1988. In 1988, the legislature amended Idaho Code Section 67-5332 to provide that credited state service is earned for each hour an employee receives pay, including overtime. The accrual of sick and annual leave is also based on hours of credited state service. However, language in Idaho Code Sections 67-5333 and 67-5334 prohibits accrual of sick and vacation leave when working overtime, even though employees earn credited state services when working overtime. The 1988 legislation should also have amended Sections 67-5333 and 67-5334 to delete the overtime provisions, but failed to do so. Following the 1988 changes, the statutes were in conflict, but because it was clearly the legislative intent, employees did accrue sick and annual leave based on the total number of hours worked, including overtime. In 1996, the legislature considered H. B. 659, which was intended to fix the drafting problems which occurred in 1988. The bill made it clear that employees would accrue sick and vacation leave for every hour worked. H.B. 659 also included sick leave transfer provisions, and the bill was vetoed because of the sick leave transfer provisions. This failure to resolve the conflicting provisions regarding sick and annual leave accrual signaled clear legislative intent that employees could no longer accrue sick and annual leave on overtime service. This has resulted in a number of situations where employees have actually worked forty hours or more in a week, received credited state service for all hours worked, but received sick and annual leave accruals on substantially fewer hours. This bill will reaffirm that credited state service, whether for regular or overtime hours, will result in the accrual of sick and annual leave. The changes to Sections 67-5302(14) and 67-5332(4) will also eliminate the anomaly that employees receive credited state service for holiday leave, but if they work on a holiday, the time does not count as hours worked. FISCAL IMPACT The proposed legislation will have little fiscal impact, and will accrue only if the additional accumulated annual leave is cashed out. The estimated maximum fiscal impact, if all additional accrued leave were cashed out annually is approximately $152,763.00. This figure is based on 226,621 hours of overtime accrued per year, statewide. The additional leave accrual on those overtime hours, assuming an employee with 5-10 years of credited state service, is approximately 13,124 hours. Multiplying the additional annual leave accrual by the average state wage ($11.64/hour) gives an approximate maximum fiscal impact if all additional accrued leave were cashed out each year. CONTACT Name: Richard Hutchison Agency: Personnel Commission Phone: 334-3345 Statement of Purpose/Fiscal Impact H3