Print Friendly HOUSE BILL NO. 594 – State employees, earned admin leave
HOUSE BILL NO. 594
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H0594.......................................by COMMERCE AND HUMAN RESOURCES
STATE EMPLOYEES - Amends existing law to define the term "earned
administrative leave" for state employees; to provide that credited state
service shall not be earned when compensatory time or earned administrative
leave is taken; to provide that sick leave shall not accrue when
compensatory time or earned administrative leave is taken; to provide that
vacation time shall not accrue when compensatory time or earned
administrative leave is taken; to provide that eligible nonclassified
officers and employees shall accrue credited state service at the same rate
and under the same conditions as is provided for classified state
02/16 House intro - 1st rdg - to printing
02/17 Rpt prt - to Com/HuRes
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 57-1-12
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Denney, Ellsworth, Field(20), Gagner, Hadley, Hansen(23), Hansen(29),
Henbest, Hornbeck, Jones, Judd, Kempton, Kendell, Kunz, Lake,
Loertscher, Mader, Marley, McKague, Meyer, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Shepherd, Smylie, Stevenson, Stoicheff, Taylor,
Tilman, Trail(Miller), Wheeler, Zimmermann
NAYS -- Wood
Absent and excused -- Deal, Field(13), Geddes, Gould, Hammond,
Jaquet, Kellogg, Linford, Montgomery, Smith, Stone, Mr Speaker
Floor Sponsor - Ridinger
Title apvd - to Senate
02/25 Senate intro - 1st rdg - to Com/HuRes
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 30-4-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Richardson, Riggs,
Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
NAYS--Cameron, Hawkins, Parry, Whitworth
Absent and excused--McLaughlin
Floor Sponsor - Andreason
Title apvd - to House
03/24 To enrol
03/27 Rpt enrol - Sp signed
03/28 Pres signed
03/29 To Governor
03/30 Governor signed
Session Law Chapter 121
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 594
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO THE PERSONNEL SYSTEM FOR STATE EMPLOYEES; AMENDING SECTION
3 67-5302, IDAHO CODE, TO DEFINE "EARNED ADMINISTRATIVE LEAVE"; AMENDING
4 SECTION 67-5332, IDAHO CODE, TO PROVIDE THAT CREDITED STATE SERVICE SHALL
5 NOT BE EARNED WHEN COMPENSATORY TIME OR EARNED ADMINISTRATIVE LEAVE IS
6 TAKEN; AMENDING SECTION 67-5333, IDAHO CODE, TO PROVIDE THAT SICK LEAVE
7 SHALL NOT ACCRUE WHEN COMPENSATORY TIME OR EARNED ADMINISTRATIVE LEAVE IS
8 TAKEN; AMENDING SECTION 67-5334, IDAHO CODE, TO PROVIDE THAT VACATION TIME
9 SHALL NOT ACCRUE WHEN COMPENSATORY TIME OR EARNED ADMINISTRATIVE LEAVE IS
10 TAKEN; AND AMENDING SECTION 59-1604, IDAHO CODE, TO PROVIDE THAT ELIGIBLE
11 NONCLASSIFIED OFFICERS AND EMPLOYEES SHALL ACCRUE CREDITED STATE SERVICE
12 AT THE SAME RATE AND UNDER THE SAME CONDITIONS AS IS PROVIDED FOR CLASSI-
13 FIED OFFICERS AND EMPLOYEES AND TO MAKE A TECHNICAL CORRECTION.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 67-5302, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 67-5302. DEFINITIONS. As used in this chapter, and other applicable sec-
18 tions of the Idaho Code, each of the terms defined in this section shall have
19 the meaning given in this section unless a different meaning is clearly
20 required by the context. Such terms and their definitions are:
21 (1) "Administrative employee" means any person, nonclassified or classi-
22 fied appointed to a position which meets the following criteria:
23 1. (a) Responsible office or nonmanual work directly related to the
24 management policies of a department or section; or
25 (b) Responsible work that is directly related to academic instruc-
26 tion or training carried on in the administration of a school system
27 or educational establishment; and
28 2. The employee must customarily and regularly exercise discretion and
29 independent judgment, as distinguished from using skills and following
30 procedures. The employee must have the authority to make important deci-
31 sions; and
32 3. The employee must:
33 (a) Regularly assist a bona fide executive or administrative
34 employee; or
35 (b) Perform work under general supervision along specialized or
36 technical lines requiring special training, experience or knowledge;
38 (c) Execute under only general supervision special assignments; and
39 4. The employee is classified to a position allocated to the pay grade
40 equivalent to two hundred sixty (260) points or higher pursuant to the
41 rating system established by section 67-5309C, Idaho Code.
42 5. Final designation of a classified position as "administrative" within
43 this definition shall be made by the administrator of the division of
1 human resources.
2 (2) "Administrator" means the administrator of the division of human
3 resources in the governor's office.
4 (3) "Appointing authority" means the officer, board, commission, person
5 or group of persons authorized by statute or lawfully delegated authority to
6 make appointments to or employ personnel in any department.
7 (4) "Class" means a group of positions sufficiently similar as to the
8 duties performed, degree of supervision exercised or required, minimum
9 requirements of training, experience or skill, and other characteristics,
10 that the same title, the same tests of fitness and the same schedule of com-
11 pensation may be applied to each position in the group.
12 (5) "Classified officer or employee" means any person appointed to or
13 holding a position in any department of the state of Idaho which position is
14 subject to the provisions of the merit examination, selection, retention, pro-
15 motion and dismissal requirements of chapter 53, title 67, Idaho Code.
16 (6) "Commission" means the Idaho personnel commission.
17 (7) "Compensatory time" means approved time off from duty provided in
18 compensation for overtime hours worked.
19 (8) "Department" means any department, agency, institution or office of
20 the state of Idaho.
21 (9) "Disabled veteran" means an individual who has served on military
22 duty in the armed forces of the United States during any period of war recog-
23 nized by the United States department of veterans affairs for the purposes of
24 awarding federal veterans benefits as may be defined in title 38, U.S. code,
25 chapter 1, section 101(11), or during any other conflict recognized by the
26 award of a campaign or service medal of the United States; and has been sepa-
27 rated therefrom under honorable conditions; and has established the present
28 existence of a service-connected disability; and is receiving compensation,
29 disability retirement benefits, or pension under a public statute as adminis-
30 tered by the department of veterans affairs or a military department.
31 (10) "Earned administrative leave" means hours which exceed the regularly
32 scheduled hours but do not result in overtime. These hours may accrue after
33 hours worked and hours on paid leave exceed forty (40) hours in one (1) work
35 (11) "Eligible" means a person who has been determined to be qualified for
36 a classified position and whose name has been placed on the register of eligi-
38 (1 12) "Executive employee" means any person, nonclassified or classified,
39 appointed to a position equivalent to a bureau chief or above as provided in
40 section 67-2402, Idaho Code, or any employee meeting the following criteria:
41 1. An individual whose primary duty is management of a department, divi-
42 sion or section; and
43 2. Who customarily and regularly directs the work of at least two (2) or
44 more other employees therein; and
45 3. Who has the authority to hire and fire, or to recommend hiring and
46 firing; or whose recommendation on these and other actions affecting
47 employees is given particular weight; and
48 4. Who customarily and regularly exercises discretionary powers; and
49 5. Who is classified to a position allocated to the pay grade equivalent
50 to two hundred sixty (260) points or higher pursuant to the rating system
51 established by section 67-5309C, Idaho Code.
52 6. Final designation of a classified position as "executive" in this def-
53 inition shall be made by the administrator.
54 (1 23) "Exempt employee" means any employee, classified or nonclassified,
55 who is determined to be an executive, professional or administrative employee
1 as defined herein, or who qualifies for any other exemption from cash compen-
2 sation for overtime under applicable federal law. Final designation of a clas-
3 sified position as exempt shall be made by the administrator.
4 (1 34) "Full-time employee" means any employee working a forty (40) hour
5 work week.
6 (1 45) "Holiday" means the following:
7 January 1 (New Year's Day);
8 Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights
10 Third Monday in February (Washington's Birthday);
11 Last Monday in May (Decoration Day);
12 July 4 (Independence Day);
13 First Monday in September (Labor Day);
14 Second Monday in October (Columbus Day);
15 November 11 (Veterans Day);
16 Fourth Thursday in November (Thanksgiving);
17 December 25 (Christmas).
18 In addition, the term "holiday" shall mean any day so designated by the Presi-
19 dent of the United States or the governor of this state for a public fast,
20 thanksgiving or holiday.
21 In the event that a holiday occurs on a Saturday, the preceding Friday
22 shall be a holiday, and if the holiday falls on a Sunday, the following Monday
23 shall be a holiday.
24 A holiday is a day of exemption from work granted to employees during
25 which said employees shall be compensated as if they actually worked.
26 (1 56) "Hours worked" means those hours actually spent in the performance
27 of the employee's job on any day including holidays, and shall not include
28 vacation or sick leave or other approved leave of absence.
29 (1 67) "Nonclassified employee" means any person appointed to or holding a
30 position in any department of the state of Idaho, which position is exempted
31 from the provisions of chapter 53, title 67, Idaho Code, as provided for in
32 section 67-5303, Idaho Code.
33 (1 78) "Normal work week" means any forty (40) hours worked during a par-
34 ticular one hundred sixty-eight (168) hour period as previously established by
35 the employee's appointing authority.
36 (1 89) "Open competitive examination" means an examination which may be
37 taken by qualified applicants to compete on an equal basis for listing on the
38 register of eligibles.
39 ( 1920) "Overtime work" means time worked on holidays and time worked in
40 excess of forty (40) hours in a period of one hundred sixty-eight (168) con-
41 secutive hours, except that in the case of those employees engaged in law
42 enforcement, correctional and fire protection activities characterized by
43 irregular shift work schedules, time worked in excess of one hundred sixty
44 (160) hours in a period of twenty-eight (28) consecutive days shall constitute
45 overtime work within the meaning of this chapter.
46 (2 01) "Participating department" means any department of the state of
47 Idaho which employs persons in classified positions subject to the merit exam-
48 ination, selection, retention, promotion and dismissal requirements of this
50 (2 12) "Part-time employee" means any employee whose usually scheduled work
51 is less than forty (40) hours in a period of one hundred sixty-eight (168)
52 consecutive hours.
53 (2 23) "Personnel system" means the procedure for administering employees
54 in accordance with this chapter.
55 (2 34) "Political office" means a public office for which partisan politics
1 is a basis for nomination, election or appointment.
2 (2 45) "Political organization" means a party which sponsors candidates for
3 election to political office.
4 (2 56) "Position" means a group of duties and responsibilities legally
5 assigned or delegated by one (1) or more appointing authorities and requiring
6 the employment of one (1) person.
7 (2 67) "Professional employee" means any person, nonclassified or classi-
8 fied, appointed to a position which meets the following criteria:
9 1. The employee's primary duty must be either:
10 (a) Work requiring knowledge of an advanced type in a field of sci-
11 ence or learning, customarily obtained by a prolonged course of spe-
12 cialized instruction and study; or
13 (b) Work that is original and creative in character in a recognized
14 field of artistic endeavor and the result of which depends primarily
15 on his invention, imagination, or talent; or
16 (c) Work as a teacher certified or recognized as such in a school
17 system or educational institution by which he is employed; and
18 2. The employee must consistently exercise discretion and judgment; and
19 3. The employee must do work that is predominantly intellectual and var-
20 ied, as distinguished from routine or mechanical duties; and
21 4. The employee is classified to a position allocated to the pay grade
22 equivalent to two hundred sixty (260) points or higher pursuant to the
23 rating system established in section 67-5309C, Idaho Code.
24 5. Final designation of a classified position as "professional" within
25 this definition shall be made by the administrator.
26 (2 78) "Provisional appointment" means appointment to a classified position
27 pending the establishment of a register for such position and employment shall
28 not be continued in this status longer than thirty (30) days after establish-
29 ment of a register.
30 (2 89) "Qualifying examination" means an examination or evaluation given to
31 a selected person to determine eligibility for reclassification or appointment
32 to a position in a classification.
33 ( 2930) "Register" means a list of names of persons who have been deter-
34 mined to be eligible for employment in a classified position as determined on
35 the basis of examination and merit factors as established by the administra-
37 (3 01) "Seasonal appointment" means an appointment to a position which is
38 permanent in nature, but which has intermittent work periods throughout the
40 (3 12) "Service rating" means a recorded evaluation of work performance and
41 promotional potential of an employee by his supervisor.
42 (3 23) "Temporary appointment" means appointment to a position which is not
43 permanent in nature, and in which employment will not exceed one thousand
44 three hundred eighty-five (1,385) hours during any twelve (12) month period.
45 No person holding a temporary appointment may work in excess of one thousand
46 three hundred eighty-five (1,385) hours during a twelve (12) month period of
47 time for any one (1) department, except upon petition by the appointing
48 authority of the department of lands that demonstrates good cause, the admin-
49 istrator of the division of human resources may extend the one thousand three
50 hundred eighty-five (1,385) hour limit for employees of the department who are
51 required to perform fire suppression activities.
52 (3 34) "Vacation leave" means a period of exemption from work granted to
53 employees during which time said employees shall be compensated. The term
54 shall not include compensatory time for overtime work.
55 (3 45) "Veteran" means any person who has served in the active service of
1 the armed forces of the United States during any period of war recognized by
2 the United States department of veterans affairs for the purpose of awarding
3 federal veterans benefits as may be defined in title 38, U.S. code, chapter 1,
4 section 101(11), or during any other conflict recognized by the award of a
5 campaign or service medal of the United States, and who has been discharged
6 under other than dishonorable conditions.
7 SECTION 2. That Section 67-5332, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 67-5332. CREDITED STATE SERVICE -- APPLICABILITY -- COMPUTATION. (1) For
10 the purposes of payroll, vacation or annual leave, sick leave and other appli-
11 cable purposes, credited state service shall be earned by:
12 (a) Classified officers and employees of any department, commission,
13 division, agency or board of the executive department;
14 (b) Such other classified officers and employees as may be prescribed by
15 law or by order of the state board of examiners.
16 (2) Service in the employ of any of the following units of government, or
17 other similar units, shall not earn credited state service: counties, cities,
18 school districts, community college districts, irrigation districts and high-
19 way districts. Service as an independent contractor or consultant is not state
21 (3) One (1) hour of credited state service shall be earned by each eligi-
22 ble state officer or employee for each hour, or major fraction thereof, worked
23 or on approved leave as provided in subsection (4) of this section.
24 (4) Credited state service shall be earned when on approved leave with
25 pay, on approved vacation leave, approved military leave, on approved sick
26 leave, and holiday leave, but not when compensatory time or earned administra-
27 tive leave is taken.
28 (5) Service for retirement purposes shall be as provided in chapter 13,
29 title 59, Idaho Code.
30 SECTION 3. That Section 67-5333, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 67-5333. SICK LEAVE COMPUTATION. (1) The rate per hour at which sick
33 leave shall accrue to classified officers and employees earning credited state
34 service shall be at the rate represented by the proportion 96/2080. Sick leave
35 shall accrue without limit, and shall be transferable from department to
37 (2) Sick leave shall not accrue to any officer or employee on any kind of
38 leave of absence without pay, suspension without pay or layoff. Sick leave
39 shall accrue while an officer or employee is on approved leave with pay, on
40 approved vacation leave, on approved military leave with pay, and on approved
41 sick leave, but not when compensatory time or earned administrative leave is
43 (3) All accrued sick leave shall be forfeited at the time of separation
44 from state service and no officer or employee shall be reimbursed for accrued
45 sick leave at the time of separation, except as provided in section 67-5339,
46 Idaho Code. If such officer or employee returns to credited state service
47 within three (3) years of such separation, all sick leave credits accrued at
48 the time of separation shall be reinstated, except to the extent that unused
49 sick leave was utilized for the purposes specified in section 67-5339, Idaho
51 (4) Sick leave shall be taken on a workday basis. Regularly scheduled
1 days off and officially designated holidays falling within a period of sick
2 leave shall not be counted against sick leave. Sick leave shall not be taken
3 in advance of being earned.
4 (5) In cases where absences for sick leave exceed three (3) consecutive
5 working days, the appointing authority may require verification by a physician
6 or other authorized practitioner.
7 (6) If an absence for illness or injury extends beyond the sick leave
8 accrued to the credit of the officer or employee, the officer or employee may
9 be granted leave without pay.
10 (7) The administrator shall prescribe additional requirements for sick
11 leave for classified officers and employees on a part-time or irregular sched-
12 ule, for maintaining sick leave records, for funeral leave, and such other
13 applicable purposes as necessary.
14 SECTION 4. That Section 67-5334, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 67-5334. VACATION TIME COMPUTATION. (1) Vacation time shall not accrue to
17 any officer or employee on any kind of leave of absence without pay, suspen-
18 sion without pay or layoff. Vacation leave shall accrue while an officer or
19 employee is on approved leave with pay, on approved vacation leave, on
20 approved military leave with pay, and on approved sick leave, but not when
21 compensatory time or earned administrative leave is taken.
22 (2) The rate per hour at which vacation leave shall accrue to eligible
23 classified officers and employees earning credited state service shall be at
24 the rate represented by the proportion 96/2080 during the first 10,400 hours
25 of credited state service; at the rate represented by the proportion 120/2080
26 during the second 10,400 hours of credited state service; at the rate repre-
27 sented by the proportion 144/2080 during the third 10,400 hours of credited
28 state service; and at the rate represented by the proportion 168/2080 thereaf-
30 SECTION 5. That Section 59-1604, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 59-1604. CREDITED STATE SERVICE. (1) For the purposes of payroll, vaca-
33 tion or annual leave, sick leave and other applicable purposes, credited state
34 service shall be earned by:
35 (a) The elective officers of the executive department, except the lieu-
36 tenant governor;
37 (b) Nonclassified officers and employees of any department, commission,
38 division, agency or board of the executive department, except for part-
39 time members of boards, commissions and committees;
40 (c) Officers and employees of the legislative department, except members
41 of the house of representatives and the senate.
42 (2) One (1) hour of credited state service shall be earned by each eligi-
43 ble state officer or employee specified in subsection (1) above for each hour,
44 or major fraction thereof, that the officer or employee receives pay, whether
45 for hours worked or on approved leave. The state board of examiners shall
46 adopt comparative tables and charts to compute credited state service on
47 daily, weekly, bi-weekly, calendar month and annual periods Eligible nonclas-
48 sified officers and employees shall accrue credited state service at the same
49 rate and under the same conditions as is provided in section 67-5332, Idaho
50 Code, for classified officers and employees.
51 (3) Members of the legislature, the lieutenant governor, and members of
1 part-time boards, commissions and committees, shall not be eligible for annual
2 leave or sick leave.
3 (4) Credited state service for those officers and employees identified by
4 section 67-5303(i), Idaho Code, shall be as determined by the state board of
5 education, except no such officer or employee shall be credited with more than
6 two thousand eighty (2,080) hours during any twelve (12) month period.
7 Any policy and procedures determined by the state board of education must
8 be communicated to the state controller in writing at least one hundred eighty
9 (180) days in advance of the effective date of the policy and procedures.
10 (5) Service for retirement purposes shall be as provided in chapter 13,
11 title 59, Idaho Code, or in chapter 20, title 1, Idaho Code.
STATEMENT OF PURPOSE
This proposal clarifies that sick, vacation and credited state
service should not be awarded for hours earned in excess of
hours actually worked.
This proposed legislation will have no impact on general or
Name: Ann Heilman
Agency: Division of Human Resources
STATEMENT OF PURPOSE/FISCAL IMPACT H 594