2005 Legislation
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SENATE BILL NO. 1173 – School dist employee, sick leave

SENATE BILL NO. 1173

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Bill Status


S1173aa....................................................by STATE AFFAIRS
SICK LEAVE - SCHOOL DISTRICT EMPLOYEE - Amends existing law relating to
sick leave and other leave to require that the entitlement to one full day
of sick leave for each month of service in which a certificated or
noncertificated employee of a school district or charter school works a
majority of that month be limited to noncertificated employees of a school
district or charter school who regularly work twenty hours or more per week
and certificated employees of a school district or charter district who
regularly work half time.
                                                                        
03/03    Senate intro - 1st rdg - to printing
03/04    Rpt prt - to Educ
03/22    Rpt out - to 14th Ord
03/23    Rpt out amen - to engros
03/24    Rpt engros - 1st rdg - to 2nd rdg as amen
03/25    2nd rdg - to 3rd rdg as amen
03/29    3rd rdg as amen - PASSED - 33-1-1
      AYES -- Andreason, Brandt, Broadsword, Burkett, Burtenshaw, Cameron,
      Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
      Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Stegner,
      Stennett, Sweet, Werk, Williams
      NAYS -- Schroeder
      Absent and excused -- Bunderson
    Floor Sponsor - Gannon
    Title apvd - to House
03/30    House intro - 1st rdg - to Educ
03/31    Rpt out - rec d/p - to 2nd rdg
04/01    2nd rdg - to 3rd rdg
04/04    3rd rdg - PASSED - 63-3-4
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Black, Block, Boe, Bradford, Cannon, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth(Ellsworth),
      Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
      Henderson, Jaquet, Jones, Kemp, Lake, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Rusche, Rydalch, Sali, Sayler(Callen),
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Wills, Wood, Mr. Speaker
      NAYS -- Bilbao, Le Favour, Ringo
      Absent and excused -- Bolz, Moyle, Roberts, Trail
    Floor Sponsor - Bradford
    Title apvd - to Senate
04/04    To enrol
04/05    Rpt enrol - Pres/Sp signed
04/06    To Governor
04/14    Governor signed
         Session Law Chapter 377
         Effective: 07/01/05

Bill Text

                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1173
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SICK AND OTHER LEAVE; AMENDING SECTION  33-1216,  IDAHO  CODE,  TO
  3        REQUIRE  THAT THE ENTITLEMENT TO ONE FULL DAY OF SICK LEAVE FOR EACH MONTH
  4        OF SERVICE IN WHICH A CERTIFICATED OR NONCERTIFICATED EMPLOYEE OF A SCHOOL
  5        DISTRICT OR CHARTER SCHOOL WORKS A MAJORITY OF THAT MONTH  BE  LIMITED  TO
  6        CERTIFICATED AND NONCERTIFICATED EMPLOYEES OF A SCHOOL DISTRICT OR CHARTER
  7        SCHOOL WHO REGULARLY WORK TWENTY HOURS OR MORE PER WEEK.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section 33-1216, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        33-1216.  SICK AND OTHER LEAVE. (a) At the beginning of each  new  employ-
 12    ment year and thereafter as necessary during the employment year, each certif-
 13    icated  and noncertificated employee of any school district, including charter
 14    districts, who regularly work twenty (20) hours or  more  per  week  shall  be
 15    entitled  to  sick  leave with full pay of one (1) day, for each month of ser-
 16    vice, or major portion thereof as projected for the  employment  year  propor-
 17    tionate  to  the  average  hours  worked per day, for each month of service in
 18    which they work a majority portion of that month, subject to  the  limitations
 19    provided  by  this chapter. The local board of trustees shall not provide com-
 20    pensation for unused sick leave. This shall not prohibit the  local  board  of
 21    trustees from establishing a policy providing retirement severance pay.
 22        (b)  The  board  of trustees may require proof of illness adequate to pro-
 23    tect the district against malingering and false claims of illness. Any accumu-
 24    lated sick leave earned prior to July 1, 1976, shall be used before the use of
 25    any accumulated sick leave earned subsequent to July 1, 1976.
 26        Each local board of trustees may establish a policy  governing  leave  for
 27    certificated  and noncertificated employees in the case of illness or death of
 28    members of the families of such employees, for  professional  conferences  and
 29    workshops, and for such other purposes as the board may determine.
 30        (c)  Each  local  board of trustees may establish a policy governing leave
 31    for certificated and noncertificated employees in the case of absence during a
 32    period for which the employee is paid by worker's  compensation.  In  addition
 33    the board may supplement the worker's compensation payment by an amount not to
 34    exceed  an  amount  which when combined with the worker's compensation payment
 35    would be equal to the amount the employee would have been paid if he  had  not
 36    been  injured. Supplementation may come from accrued vacation leave, compensa-
 37    tory time or sick leave time as may be provided in the policy of the district.
 38    Time for which a person is paid worker's compensation shall not be allowed  as
 39    straight sick leave which would result in duplicate compensation.
 40        (d)  The board of trustees of any school district, including any specially
 41    chartered  district,  may  also  grant  a leave of absence to any certificated
 42    employee of such district for service to a professional educational  organiza-
 43    tion  of  which such certificated employee is a member and has been elected to
                                                                        
                                           2
                                                                        
  1    hold the office of president therein, such  leave  to  be  for  a  period  not
  2    exceeding  one  (1)  year.  During the period of any such leave of absence the
  3    said certificated  employee shall receive the same compensation and receive or
  4    accrue such other rights and benefits that he would have been entitled  to  or
  5    have  received  or accrued had he been present and working for the school dis-
  6    trict, and he shall remain an active member of the public employee  retirement
  7    system  of  Idaho;  provided  that  such professional educational organization
  8    shall first pay to the said school district an amount equal  to  any  and  all
  9    compensation,  contributions to the public employee retirement system of Idaho
 10    and any other amounts paid to or accrued in the name of said  employee  during
 11    such period.

Amendment

                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    Gannon              
                                                                        
                                                     Seconded by Marley              
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1173
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line 12, delete "certif-"; in  line  13,
  3    delete "icated and" and  insert: "certificated and"; in line 14, delete "work"
  4    and insert: "works"; and also in line 14, following "week" insert: "or certif-
  5    icated  employee  who  works half time or more per week for a school district,
  6    including charter districts,"; in line  16,  delete  "propor-";  in  line  17,
  7    delete  "tionate  to  the  average hours worked per day," and insert: "as pro-
  8    jected for the employment year"; in  line  19,  following  "chapter."  insert:
  9    "Sick leave for noncertificated employees shall be calculated proportionate to
 10    the  average hours worked per day. Sick leave for certificated employees shall
 11    be calculated by the day, or percentage thereof, as defined in their  individ-
 12    ual employment contracts.".
                                                                        
 13                                 CORRECTIONS TO TITLE
 14        On  page  1,  in  line  6, delete "CERTIFICATED AND"; in line 7, following
 15    "WEEK" insert: "AND CERTIFICATED EMPLOYEES OF A  SCHOOL  DISTRICT  OR  CHARTER
 16    SCHOOL WHO REGULARLY WORK HALF TIME OR MORE".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)

                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1173, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SICK AND OTHER LEAVE; AMENDING SECTION  33-1216,  IDAHO  CODE,  TO
  3        REQUIRE  THAT THE ENTITLEMENT TO ONE FULL DAY OF SICK LEAVE FOR EACH MONTH
  4        OF SERVICE IN WHICH A CERTIFICATED OR NONCERTIFICATED EMPLOYEE OF A SCHOOL
  5        DISTRICT OR CHARTER SCHOOL WORKS A MAJORITY OF THAT MONTH  BE  LIMITED  TO
  6        NONCERTIFICATED EMPLOYEES OF A SCHOOL DISTRICT OR CHARTER SCHOOL WHO REGU-
  7        LARLY  WORK  TWENTY HOURS OR MORE PER WEEK AND CERTIFICATED EMPLOYEES OF A
  8        SCHOOL DISTRICT OR CHARTER SCHOOL WHO REGULARLY WORK HALF TIME OR MORE.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 33-1216, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        33-1216.  SICK  AND  OTHER LEAVE. (a) At the beginning of each new employ-
 13    ment year and thereafter as necessary during the employment year, each certif-
 14    icated and noncertificated employee of any school district, including  charter
 15    districts,  who regularly works twenty (20) hours or more per week or certifi-
 16    cated employee who works half time or more per week  for  a  school  district,
 17    including  charter districts, shall be entitled to sick leave with full pay of
 18    one (1) day, for each month of service, or major portion thereof as  projected
 19    for the employment year as projected for the employment year for each month of
 20    service  in  which  they work a majority portion of that month, subject to the
 21    limitations provided by this chapter. Sick leave for noncertificated employees
 22    shall be calculated proportionate to the average hours worked  per  day.  Sick
 23    leave for certificated employees shall be calculated by the day, or percentage
 24    thereof,  as defined in their individual employment contracts. The local board
 25    of trustees shall not provide compensation for unused sick leave.  This  shall
 26    not  prohibit the local board of trustees from establishing a policy providing
 27    retirement severance pay.
 28        (b)  The board of trustees may require proof of illness adequate  to  pro-
 29    tect the district against malingering and false claims of illness. Any accumu-
 30    lated sick leave earned prior to July 1, 1976, shall be used before the use of
 31    any accumulated sick leave earned subsequent to July 1, 1976.
 32        Each  local  board  of trustees may establish a policy governing leave for
 33    certificated and noncertificated employees in the case of illness or death  of
 34    members  of  the  families of such employees, for professional conferences and
 35    workshops, and for such other purposes as the board may determine.
 36        (c)  Each local board of trustees may establish a policy  governing  leave
 37    for certificated and noncertificated employees in the case of absence during a
 38    period  for  which  the employee is paid by worker's compensation. In addition
 39    the board may supplement the worker's compensation payment by an amount not to
 40    exceed an amount which when combined with the  worker's  compensation  payment
 41    would  be  equal to the amount the employee would have been paid if he had not
 42    been injured. Supplementation may come from accrued vacation leave,  compensa-
 43    tory time or sick leave time as may be provided in the policy of the district.
                                                                        
                                           2
                                                                        
  1    Time  for which a person is paid worker's compensation shall not be allowed as
  2    straight sick leave which would result in duplicate compensation.
  3        (d)  The board of trustees of any school district, including any specially
  4    chartered district, may also grant a leave  of  absence  to  any  certificated
  5    employee  of such district for service to a professional educational organiza-
  6    tion of which such certificated employee is a member and has been  elected  to
  7    hold  the  office  of  president  therein,  such  leave to be for a period not
  8    exceeding one (1) year. During the period of any such  leave  of  absence  the
  9    said certificated  employee shall receive the same compensation and receive or
 10    accrue  such  other rights and benefits that he would have been entitled to or
 11    have received or accrued had he been present and working for the  school  dis-
 12    trict,  and he shall remain an active member of the public employee retirement
 13    system of Idaho; provided  that  such  professional  educational  organization
 14    shall  first  pay  to  the said school district an amount equal to any and all
 15    compensation, contributions to the public employee retirement system of  Idaho
 16    and  any  other amounts paid to or accrued in the name of said employee during
 17    such period.

Statement of Purpose / Fiscal Impact

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                       STATEMENT OF PURPOSE

                             RS 15065

The purpose of this legislation is to amend Idaho Code 33-1216 to
provide that only certificated and non-certificated employees of
any school district or charter school district who regularly work
twenty (20) hours or more per week be entitled to one (1) day of
sick leave, proportionate to the hours they have worked per day,
for each month of service in which they work a majority of that
month.


                          FISCAL IMPACT


There is no fiscal impact on the general fund.




Contact

Name:  Senator Tom Gannon
Phone: 332-1345


STATEMENT OF PURPOSE/FISCAL NOTE                       S 1173 aa