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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 - 2005IN 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-16vice, or major portion thereof as projected for the employment yearpropor- 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 - 2005Moved 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 - 2005IN 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, eachcertif-14icated andnoncertificated 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 projected19for the employment yearas 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.
REPRINT REPRINT REPRINT REPRINT 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
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