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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
]]]] 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.
]]]] 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".
]]]] 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.
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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