2004 Legislation
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HOUSE BILL NO. 602 – School dist employee, worker’s comp


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Bill Status

H0602..........................................................by EDUCATION
SCHOOL DISTRICT EMPLOYEES - Amends existing law relating to school district
employees to authorize the use of accrued sick leave to supplement worker's
compensation payments.
02/03    House intro - 1st rdg - to printing
02/04    Rpt prt - to Educ
02/16    Rpt out - rec d/p - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
02/23    3rd rdg - PASSED - 69-0-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
      Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
      Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Gagner
    Floor Sponsor - Andersen
    Title apvd - to Senate
02/24    Senate intro - 1st rdg - to Educ
03/09    Rpt out - rec d/p - to 2nd rdg
03/10    2nd rdg - to 3rd rdg
03/18    3rd rdg - PASSED - 31-0-4
      AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
      Calabretta, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Noh, Richardson, Sorensen, Stegner, Stennett,
      Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Brandt, Cameron, Pearce, Schroeder
    Floor Sponsor - Werk
    Title apvd - to House
03/19    To enrol - Rpt enrol - Sp signed - Pres signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 253
         Effective: 07/01/04

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 602
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 33-1216, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        33-1216.  SICK  AND  OTHER LEAVE. (a) At the beginning of each new employ-
  9    ment year and thereafter as necessary during the employment year, each certif-
 10    icated and noncertificated employee of any school district, including  charter
 11    districts,  shall  be  entitled to sick leave with full pay of one (1) day for
 12    each month of service, or major portion thereof as projected for  the  employ-
 13    ment  year,  subject  to  the  limitations provided by this chapter. The local
 14    board of trustees shall not provide compensation for unused sick  leave.  This
 15    shall not prohibit the local board of trustees from establishing a policy pro-
 16    viding retirement severance pay.
 17        (b)  The  board  of trustees may require proof of illness adequate to pro-
 18    tect the district against malingering and false claims of illness. Any accumu-
 19    lated sick leave earned prior to July 1, 1976, shall be used before the use of
 20    any accumulated sick leave earned subsequent to July 1, 1976.
 21        Each local board of trustees may establish a policy  governing  leave  for
 22    certificated  and noncertificated employees in the case of illness or death of
 23    members of the families of such employees, for  professional  conferences  and
 24    workshops, and for such other purposes as the board may determine.
 25        (c)  Each  local  board of trustees may establish a policy governing leave
 26    for certificated and noncertificated employees in the case of absence during a
 27    period for which the employee is paid by workmen's worker's  compensation.  In
 28    addition  the board may supplement the workmen's worker's compensation payment
 29    by an amount not to exceed an amount which when combined  with  the  workmen's
 30    worker's  compensation payment would be equal to the amount the employee would
 31    have been paid if he had not  been  injured.  Supplementation  may  come  from
 32    accrued  vacation  leave,  compensatory time or sick leave time as may be pro-
 33    vided in the policy of the district. Time for which a person is paid workmen's
 34    worker's compensation shall not be allowed as straight sick leave which  would
 35    result in duplicate compensation.
 36        (d)  The board of trustees of any school district, including any specially
 37    chartered  district,  may  also  grant  a leave of absence to any certificated
 38    employee of such district for service to a professional educational  organiza-
 39    tion  of  which such certificated employee is a member and has been elected to
 40    hold the office of president therein, such  leave  to  be  for  a  period  not
 41    exceeding  one  (1)  year.  During the period of any such leave of absence the
 42    said certificated employee shall receive the same compensation and receive  or
 43    accrue  such  other rights and benefits that he would have been entitled to or
  1    have received or accrued had he been present and working for the  school  dis-
  2    trict,  and he shall remain an active member of the public employee retirement
  3    system of Idaho; provided  that  such  professional  educational  organization
  4    shall  first  pay  to  the said school district an amount equal to any and all
  5    compensation, contributions to the public employee retirement system of  Idaho
  6    and  any  other amounts paid to or accrued in the name of said employee during
  7    such period.

Statement of Purpose / Fiscal Impact

                      Statement of Purpose
                            RS 13634
This amendment to Section 33-1216, Idaho Code, allows education
employees to utilize a portion of accrued sick leave to
supplement workers compensation to maintain his or her regular
salary while recovering from a disability incurred on the job
covered by workers compensation.

This provision would allow education employees to use accrued
sick leave to supplement workers' compensation pay in order to
bring the employee to his or her regular salary level.  This
provision would allow education employees to be treated the same
as state employees.

                         Fiscal Impact

No fiscal impact to the general fund.

Name: Allen Andersen
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                      H 602