2005 Legislation
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SENATE BILL NO. 1146 – School dist employees, sick leave

SENATE BILL NO. 1146

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Bill Status



S1146..........................................................by EDUCATION
SCHOOL DISTRICT EMPLOYEES - Amends existing law relating to public school
teachers and noncertificated school district employees to provide that
eligibility for sick leave with full pay shall be in proportion to the
hours worked for those employees who regularly work at least twenty hours
per week.
                                                                        
02/14    Senate intro - 1st rdg - to printing
02/15    Rpt prt - to Educ

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1146
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PUBLIC SCHOOL TEACHERS AND NONCERTIFICATED SCHOOL DISTRICT EMPLOY-
  3        EES; AMENDING SECTION 33-1216, IDAHO CODE, TO PROVIDE THAT ELIGIBILITY FOR
  4        SICK LEAVE SHALL BE PROPORTIONATE TO THE HOURS WORKED PER WEEK  FOR  THOSE
  5        EMPLOYEES  WHO  REGULARLY  WORK AT LEAST TWENTY HOURS PER WEEK AND TO MAKE
  6        TECHNICAL CORRECTIONS.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 33-1216, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
                                                                        
 10        33-1216.  SICK  AND OTHER LEAVE. (a1) At the beginning of each new employ-
 11    ment year and thereafter as necessary during the employment year, each certif-
 12    icated and noncertificated employee of any school district, including  charter
 13    districts,  who  regularly  works  twenty (20) hours or more per week shall be
 14    entitled to eligible for sick leave with full pay of one  (1)  day   for  each
 15    month  of  service,  or  major portion thereof as projected for the employment
 16    year, subject to the limitations provided by this chapter proportionate to the
 17    hours worked per week. The local board of trustees shall not provide compensa-
 18    tion for unused sick leave.  This  shall  not  prohibit  the  local  board  of
 19    trustees from establishing a policy providing retirement severance pay.
 20        (b2)  The  board of trustees may require proof of illness adequate to pro-
 21    tect the district against malingering and false claims of illness. Any accumu-
 22    lated sick leave earned prior to July 1, 1976, shall be used before the use of
 23    any accumulated sick leave earned subsequent to July 1, 1976.
 24        Each local board of trustees may establish a policy  governing  leave  for
 25    certificated  and noncertificated employees in the case of illness or death of
 26    members of the families of such employees, for  professional  conferences  and
 27    workshops, and for such other purposes as the board may determine.
 28        (c3)  Each  local board of trustees may establish a policy governing leave
 29    for certificated and noncertificated employees in the case of absence during a
 30    period for which the employee is paid by worker's  compensation.  In  addition
 31    the board may supplement the worker's compensation payment by an amount not to
 32    exceed  an  amount  which when combined with the worker's compensation payment
 33    would be equal to the amount the employee would have been paid if he  had  not
 34    been  injured. Supplementation may come from accrued vacation leave, compensa-
 35    tory time or sick leave time as may be provided in the policy of the district.
 36    Time for which a person is paid worker's compensation shall not be allowed  as
 37    straight sick leave which would result in duplicate compensation.
 38        (d4)  The  board  of  trustees  of any school district, including any spe-
 39    cially chartered district, may also grant a leave of absence to  any  certifi-
 40    cated  employee  of  such  district  for service to a professional educational
 41    organization of which such certificated employee is  a  member  and  has  been
 42    elected to hold the office of president therein, such leave to be for a period
 43    not exceeding one (1) year. During the period of any such leave of absence the
                                                                        
                                           2
                                                                        
  1    said  certificated employee shall receive the same compensation and receive or
  2    accrue such other rights and benefits that he would have been entitled  to  or
  3    have  received  or accrued had he been present and working for the school dis-
  4    trict, and he shall remain an active member of the public employee  retirement
  5    system  of  Idaho;  provided  that  such professional educational organization
  6    shall first pay to the said school district an amount equal  to  any  and  all
  7    compensation,  contributions to the public employee retirement system of Idaho
  8    and any other amounts paid to or accrued in the name of said  employee  during
  9    such period.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 14790C1

The purpose of this bill is to clearify the code as it related to
sick leave for School District part time employees.




                           FISCAL NOTE


No fiscal impact. 




Contact
Name:  Sen. Tom Gannon 
Phone: 208-332-1345



STATEMENT OF PURPOSE/FISCAL NOTE                       S 1146