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S1252aa.....................................by COMMERCE AND HUMAN RESOURCES
STATE EMPLOYEES - COMPENSATORY TIME - Amends existing law to provide that
the Supreme Court and Legislative Council shall prescribe certain
employment rules for certain employees; to revise how certain state
employees accrue and use compensatory time; to provide limits; to provide
exceptions; to delete reference to earned administrative leave; to provide
that sick leave shall only be taken in pay periods subsequent to being
earned; and to provide for the accrual of vacation time for employees who
are designated as exempt under federal law.
01/11 Senate intro - 1st rdg - to printing
01/14 Rpt prt - to Com/HuRes
02/08 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/12 To 14th Ord
02/21 Rpt out amen - to engros
02/22 Rpt engros - 1st rdg - to 2nd rdg as amen
02/25 2nd rdg - to 3rd rdg as amen
02/27 3rd rdg as amen - PASSED - 33-1-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Siddoway, Stegner, Stennett, Werk
NAYS -- Schroeder
Absent and excused -- Gannon
Floor Sponsor - Stegner
Title apvd - to House
02/28 House intro - 1st rdg - to Com/HuRes
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ringo, Roberts, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Ruchti
Floor Sponsor - Marriott
Title apvd - to Senate
03/13 To enrol - Rpt enrol - Pres signed
03/14 Sp signed
03/17 To Governor
03/19 Governor signed
Session Law Chapter 196
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1252 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO STATE EMPLOYEES; AMENDING SECTION 59-1607, IDAHO CODE, TO REVISE 3 HOW CERTAIN EMPLOYEES ACCRUE AND USE COMPENSATORY TIME, TO PROVIDE LIMITS 4 AND TO PROVIDE EXCEPTIONS; AMENDING SECTION 67-5302, IDAHO CODE, TO REVISE 5 DEFINITIONS; AMENDING SECTION 67-5328, IDAHO CODE, TO REVISE HOW COMPENSA- 6 TORY TIME MAY BE ACCRUED AND UTILIZED, TO PROVIDE LIMITS, TO PROVIDE 7 EXCEPTIONS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 67-5333, 8 IDAHO CODE, TO DELETE REFERENCE TO EARNED ADMINISTRATIVE LEAVE AND TO PRO- 9 VIDE THAT SICK LEAVE SHALL ONLY BE TAKEN IN PAY PERIODS SUBSEQUENT TO 10 BEING EARNED; AMENDING SECTION 67-5334, IDAHO CODE, TO DELETE REFERENCE TO 11 EARNED ADMINISTRATIVE LEAVE, TO PROVIDE FOR ACCRUAL OF VACATION TIME FOR 12 EMPLOYEES WHO ARE DESIGNATED AS EXEMPT UNDER ANY OTHER COMPLETE EXEMPTION 13 IN FEDERAL LAW AND TO MAKE TECHNICAL CORRECTIONS. 14 Be It Enacted by the Legislature of the State of Idaho: 15 SECTION 1. That Section 59-1607, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 59-1607. HOURS OF WORK AND OVERTIME. (1) It is the policy of the legisla- 18 ture of the state of Idaho that all classified and nonclassified officers and 19 employees of state government shall be treated substantially similar with ref- 20 erence to hours of employment, holidays and vacation leave, except as provided 21 in this chapter. The policy of this state shall not restrict the extension of 22 regular work hour schedules on an overtime basis, which shall be the same for 23 classified and nonclassified employees, in those activities and duties where 24 such extension is necessary and authorized by the appointing authority. 25 (2) The appointing authority of any department shall determine the neces- 26 sity for overtime work and shall provide for cash compensation or compensatory 27 time off for such overtime work for eligible classified and nonclassified 28 officers and employees. 29 (3) Classified and nonclassified officers and employees who fall within 30 one (1) or more of the following categories are ineligible for cash compensa- 31 tion or compensatory time for overtime work: 32 (a) Elected officials; or 33 (b) Those included in the definition of section 67-5303(j), Idaho Code. 34 (4) Classified and nonclassified employees who are designated as execu- 35 tive, as provided in section 67-5302, Idaho Code, and who are not included in 36 the definition of subsection (3) of this section, shall be ineligible for com- 37 pensatory time or cash compensation for overtime work. Such salaried employees 38 shall report absences in excess of one-half (1/2) day. Unused compensatory 39 time balances in excess of two hundred forty (240) hours as of the date of 40 enactment of this act shall be forfeited on December 31, 2008. Unused compen- 41 satory time balances of two hundred forty (240) hours or less shall be for- 42 feited on December 31, 2006. Employees who become executives within their cur- 43 rent agency as set forth in section 67-5302(12), Idaho Code, shall have twelve 2 1 (12) months from the date of this act or of appointment, whichever is later, 2 to use any compensatory time balance. After twelve (12) months, any remaining 3 compensatory time will be forfeited. Compensatory time is not transferable, 4 and shall be forfeited at the time of transfer to another appointing authority 5 or upon separation from state service. 6 (5) Classified and nonclassified officers and employees who are desig- 7 nated as administrative or professional as provided in the federal fair labor 8 standards act, or who are designated as exempt under any other complete 9 exemption in federal law, and who are not included in the definition of sub- 10 section (3) of this section, shall be ineligible for cash compensation for 11 overtime work unless cash payment is authorized by the state board of examin- 12 ers for overtime accumulated during unusual or emergency situations, but such 13 classified and nonclassified officers and employees shall be allowed compensa- 14 tory time off from duty for overtime work. Such compensatory time shall be 15 earned and allowed on a one (1) hour for one (1) hour basis, shall not be 16 transferable, and shall be forfeited at the time of transfer to another 17 appointing authority or upon separation from state service. Compensatory time 18 may be accrued and accumulated up to a maximum of two hundred forty (240) 19 hours. Effective with the first pay period in July, 2008 (beginning date June 20 15, 2008), compensatory time balances in excess of two hundred forty (240) 21 hours will not continue to accrue until the balance is below the maximum. 22 After the last pay period in June, 2009 (ending date June 13, 2009), balances 23 in excess of two hundred forty (240) hours shall be forfeited. 24 (6) Classified and nonclassified officers and employees who are not des- 25 ignated as executive, administrative or professional as provided in this sec- 26 tion, and who are not included in the definition of subsection (3) of this 27 section or who are not designated as exempt under any other complete exemption 28 in federal law, shall be eligible for cash compensation or compensatory time 29 off from duty for overtime work, subject to the restrictions of applicable 30 federal law. Compensatory time off may be provided in lieu of cash compensa- 31 tion at the discretion of the appointing authority after consultation, in 32 advance, with the employee. Compensatory time off shall be paid at the rate of 33 one and one-half (1 1/2) hours for each overtime hour worked. Compensatory 34 time off which has been earned during any one-half (1/2) fiscal year but not 35 taken by the end of the succeeding one-half (1/2) fiscal year, shall be paid 36 in cash on the first payroll following the close of such succeeding one-half 37 (1/2) fiscal year. Compensatory time not taken at the time of transfer to 38 another appointing authority or upon separation from state service shall be 39 liquidated at the time of such transfer or separation by payment in cash. 40 (7) Notwithstanding the provisions of this section, employees may be paid 41 for overtime work during a disaster or emergency with the approval of the 42 board of examiners. 43 SECTION 2. That Section 67-5302, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 67-5302. DEFINITIONS. As used in this chapter, and other applicable sec- 46 tions of the Idaho Code, each of the terms defined in this section shall have 47 the meaning given in this section unless a different meaning is clearly 48 required by the context. Such terms and their definitions are: 49 (1) "Administrative employee" means any person, nonclassified or classi- 50 fied appointed to a position which meets thefollowingcriteria:set forth in 51 the federal fair labor standards act, 29 U.S.C. section 201, et seq. 52(a) (i) Responsible office or nonmanual work directly related to the53management policies of a department or section; or3 1(ii) Responsible work that is directly related to academic instruc-2tion or training carried on in the administration of a school system3or educational establishment; and4(b) The employee must customarily and regularly exercise discretion and5independent judgment, as distinguished from using skills and following6procedures. The employee must have the authority to make important deci-7sions; and8(c) The employee must:9(i) Regularly assist a bona fide executive or administrative10employee; or11(ii) Perform work under general supervision along specialized or12technical lines requiring special training, experience or knowledge;13or14(iii) Execute under only general supervision special assignments; and15(d) The employee is classified to a position allocated to the pay grade16equivalent to two hundred sixty (260) points or higher pursuant to the17rating system established by rule.18(e)Final designation of a classified position as "administrative" within 19 this definition shall be made by the administrator of the division of 20 human resources. Exceptions to this designation which do not violate the 21 federal fair labor standards act, 29 U.S.C. section 201, et seq., may be 22 made by the administrator. 23 (2) "Administrator" means the administrator of the division of human 24 resources in the governor's office. 25 (3) "Appointing authority" means the officer, board, commission, person 26 or group of persons authorized by statute or lawfully delegated authority to 27 make appointments to or employ personnel in any department. 28 (4) "Class" means a group of positions sufficiently similar as to the 29 duties performed, degree of supervision exercised or required, minimum 30 requirements of training, experience or skill, and other characteristics, that 31 the same title, the same tests of fitness and the same schedule of compensa- 32 tion may be applied to each position in the group. 33 (5) "Classified officer or employee" means any person appointed to or 34 holding a position in any department of the state of Idaho which position is 35 subject to the provisions of the merit examination, selection, retention, pro- 36 motion and dismissal requirements of chapter 53, title 67, Idaho Code. 37 (6) "Commission" means the Idaho personnel commission. 38 (7) "Compensatory time" means approved time off from duty provided in 39 compensation for overtime hours worked. 40 (8) "Computer worker" means any person, nonclassified or classified, 41 appointed to a position which meets the criteria set forth in the federal fair 42 labor standards act, 29 U.S.C. section 201, et seq. Final designation of a 43 classified position as "computer worker" within this definition shall be made 44 by the administrator of the division of human resources. Exceptions to this 45 designation which do not violate the federal fair labor standards act, 29 46 U.S.C. section 201, et seq., may be made by the administrator. 47 (9) "Department" means any department, agency, institution or office of 48 the state of Idaho. 49 (910) "Disabled veteran" is as defined in section 65-502, Idaho Code. 50(10) "Earned administrative leave" means hours which exceed the regularly51scheduled hours but do not result in overtime. These hours may accrue after52hours worked and hours on paid leave exceed forty (40) hours in one (1) work53week.54 (11) "Eligible" means a person who has been determined to be qualified for 55 a classified position and whose name has been placed on the register of eligi- 4 1 bles. 2 (12) "Executive employee" means any person, nonclassified or classified, 3 appointed to a position equivalent to a bureau chief or above as provided in 4 section 67-2402, Idaho Code, or any employee meeting the following criteria: 5 (a) An individual whose primary duty is management of a department, divi- 6 sion or bureau; and 7 (b) Who customarily and regularly directs the work of at least two (2) or 8 more other employees therein; and 9 (c) Who has the authority to hire and fire, or to recommend hiring and 10 firing; or whose recommendation on these and other actions affecting 11 employees is given particular weight; and 12 (d) Who customarily and regularly exercises discretionary powers; and 13 (e) Who is classified to a position allocated to the pay grade equivalent 14 to two hundred sixty (260) points or higher pursuant to the rating system 15 established by rule. 16 (f) Final designation of a classified position as "executive" in this 17 definition shall be made by the administrator. Exceptions to this designa- 18 tion which do not violate the federal fair labor standards act, 29 U.S.C. 19 section 201, et seq., may be made by the administrator. 20 (13) "Exempt employee" means any employee, classified or nonclassified, 21 who is determined to be an executive, professional or administrative employee 22 as defined herein, or who qualifies for any other exemption from cash compen- 23 sation for overtime under applicable federal law. Final designation of a clas- 24 sified position as exempt shall be made by the administrator. 25 (14) "Full-time employee" means any employee working a forty (40) hour 26 work week. 27 (15) "Holiday" means the following: 28 January 1 (New Year's Day); 29 Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights 30 Day); 31 Third Monday in February (Washington's Birthday); 32 Last Monday in May (Memorial Day); 33 July 4 (Independence Day); 34 First Monday in September (Labor Day); 35 Second Monday in October (Columbus Day); 36 November 11 (Veterans Day); 37 Fourth Thursday in November (Thanksgiving); 38 December 25 (Christmas). 39 In addition, the term "holiday" shall mean any day so designated by the Presi- 40 dent of the United States or the governor of this state for a public fast, 41 thanksgiving or holiday. 42 In the event that a holiday occurs on a Saturday, the preceding Friday 43 shall be a holiday, and if the holiday falls on a Sunday, the following Monday 44 shall be a holiday. 45 A holiday is a day of exemption from work granted to nonexecutive employ- 46 ees during which said employees shall be compensated as if they actually 47 worked. Employees classified as executive exempt are entitled to ten (10) paid 48 holidays per year. If such an employee works on one (1) of the official holi- 49 days listed in this subsection, then such employee may take an alternative day 50 off but shall not receive additional compensation. 51 (16) "Hours worked" means those hours actually spent in the performance of 52 the employee's job on any day including holidays, and shall not include vaca- 53 tion or sick leave or other approved leave of absence. 54 (17) "Nonclassified employee" means any person appointed to or holding a 55 position in any department of the state of Idaho, which position is exempted 5 1 from the provisions of chapter 53, title 67, Idaho Code, as provided for in 2 section 67-5303, Idaho Code. 3 (18) "Normal work week" means any forty (40) hours worked during a partic- 4 ular one hundred sixty-eight (168) hour period as previously established by 5 the employee's appointing authority. 6 (19) "Open competitive examination" means an examination which may be 7 taken by qualified applicants to compete on an equal basis for listing on the 8 register of eligibles. 9 (20) "Overtime work" means time worked on holidays and time worked in 10 excess of forty (40) hours in a period of one hundred sixty-eight (168) con- 11 secutive hours, except that in the case of those employees engaged in law 12 enforcement, correctional and fire protection activities characterized by 13 irregular shift work schedules, time worked in excess of one hundred sixty 14 (160) hours in a period of twenty-eight (28) consecutive days shall constitute 15 overtime work within the meaning of this chapter. 16 (21) "Participating department" means any department of the state of Idaho 17 which employs persons in classified positions subject to the merit examina- 18 tion, selection, retention, promotion and dismissal requirements of this chap- 19 ter. 20 (22) "Part-time employee" means any employee whose usually scheduled work 21 is less than forty (40) hours in a period of one hundred sixty-eight (168) 22 consecutive hours, and who shall not be entitled to sick leave accruals pro- 23 vided in section 67-5333, Idaho Code, vacation leave provided in section 24 67-5334, Idaho Code, nor holiday pay as defined in subsection (15) of this 25 section, unless contributions are being made to the public employee retirement 26 system in accordance with chapter 13, title 59, Idaho Code, and rules promul- 27 gated by the public employee retirement system board. 28 (23) "Personnel system" means the procedure for administering employees in 29 accordance with this chapter. 30 (24) "Political office" means a public office for which partisan politics 31 is a basis for nomination, election or appointment. 32 (25) "Political organization" means a party which sponsors candidates for 33 election to political office. 34 (26) "Position" means a group of duties and responsibilities legally 35 assigned or delegated by one (1) or more appointing authorities and requiring 36 the employment of one (1) person. 37 (27) "Professional employee" means any person, nonclassified or classi- 38 fied, appointed to a position which meets thefollowingcriteria:set forth in 39 the federal fair labor standards act, 29 U.S.C. section 201, et seq. 40(a) The employee's primary duty must be either:41(i) Work requiring knowledge of an advanced type in a field of sci-42ence or learning, customarily obtained by a prolonged course of spe-43cialized instruction and study; or44(ii) Work that is original and creative in character in a recognized45field of artistic endeavor and the result of which depends primarily46on his invention, imagination, or talent; or47(iii) Work as a teacher certified or recognized as such in a school48system or educational institution by which he is employed; and49(b) The employee must consistently exercise discretion and judgment; and50(c) The employee must do work that is predominantly intellectual and var-51ied, as distinguished from routine or mechanical duties; and52(d) The employee is classified to a position allocated to the pay grade53equivalent to two hundred sixty (260) points or higher pursuant to the54rating system established by rule.55(e)Final designation of a classified position as "professional" within 6 1 this definition shall be made by the administrator. Exceptions to this 2 designation which do not violate the federal fair labor standards act, 29 3 U.S.C. section 201, et seq., may be made by the administrator. 4 (28) "Provisional appointment" means appointment to a classified position 5 pending the establishment of a register for such position and employment shall 6 not be continued in this status longer than thirty (30) days after establish- 7 ment of a register. 8 (29) "Qualifying examination" means an examination or evaluation given to 9 a selected person to determine eligibility for reclassification or appointment 10 to a position in a classification. 11 (30) "Register" means a list of names of persons who have been determined 12 to be eligible for employment in a classified position as determined on the 13 basis of examination and merit factors as established by the administrator. 14 (31) "Seasonal appointment" means an appointment to a position which is 15 permanent in nature, but which has intermittent work periods throughout the 16 year. 17 (32) "Service rating" means a recorded evaluation of work performance and 18 promotional potential of an employee by his supervisor. 19 (33) "Temporary appointment" means appointment to a position which is not 20 permanent in nature, and in which employment will not exceed one thousand 21 three hundred eighty-five (1,385) hours during any twelve (12) month period. 22 No person holding a temporary appointment may work in excess of one thousand 23 three hundred eighty-five (1,385) hours during a twelve (12) month period of 24 time for any one (1) department, except upon petition by the appointing 25 authority of the department of lands that demonstrates good cause, the admin- 26 istrator of the division of human resources may extend the one thousand three 27 hundred eighty-five (1,385) hour limit for employees of the department who are 28 required to perform fire suppression activities. 29 (34) "Vacation leave" means a period of exemption from work granted to 30 employees during which time said employees shall be compensated. The term 31 shall not include compensatory time for overtime work. 32 (35) "Veteran" is as defined in section 65-502, Idaho Code. 33 SECTION 3. That Section 67-5328, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 67-5328. HOURS OF WORK AND OVERTIME. (1) It is hereby declared to be the 36 policy of the legislature of the state of Idaho that all classified employees 37 shall be treated substantially similar with reference to hours of employment. 38 The policy of this state as declared in this act shall not restrict the exten- 39 sion of regular work hour schedules on an overtime basis in those activities 40 and duties where such extension is necessary and authorized, provided that 41 overtime work performed under such extension is compensated for as hereinafter 42 provided. 43 (2) The appointing authority of any department shall determine the neces- 44 sity for overtime work and shall provide for cash compensation or compensatory 45 time off for such overtime work for eligible classified officers and employ- 46 ees, subject to the restrictions of applicable federal law. 47 (3) Cash for overtime and compensatory time shall be paid based on the 48 following criteria: 49 (a) Classified and nonclassified officers and employees who fall within 50 one (1) or more of the following categories are ineligible for cash com- 51 pensation or compensatory time for overtime work: 52 (i) Elected officials; or 53 (ii) Those included in the definition of section 67-5303(j), Idaho 7 1 Code. 2 (b) Classified and nonclassified employees who are designated as execu- 3 tive, as provided in section 67-5302, Idaho Code, and who are not included 4 in the definition of subsection (3)(a) of this section, shall be ineligi- 5 ble for compensatory time or cash compensation for overtime work. Such 6 salaried employees shall report absences in excess of one-half (1/2) day. 7 Unused compensatory time balances in excess of two hundred forty (240) 8 hours as of the date of enactment of this act shall be forfeited on Decem- 9 ber 31, 2008. Unused compensatory time balances of two hundred forty (240) 10 hours or less shall be forfeited on December 31, 2006. Employees who 11 become executives within their current agency as set forth in section 12 67-5302(12), Idaho Code, shall have twelve (12) months from the date of 13 this act or of appointment, whichever is later, to use any compensatory 14 time balance. After twelve (12) months, any remaining compensatory time 15 will be forfeited. Compensatory time is not transferable, and shall be 16 forfeited at the time of transfer to another appointing authority or upon 17 separation from state service. 18 (c) Classified and nonclassified employees who are designated as adminis- 19 trative or professional, as provided in the federal fair labor standards 20 act, 29 U.S.C. section 201, et seq., or who are designated as exempt under 21 any other complete exemption in federal law, and who are not included in 22 the definition of either subsection (3)(a) or (3)(b) of this section, 23 shall be ineligible for cash compensation for overtime work unless cash 24 payment is authorized by the state board of examiners for overtime accumu- 25 lated during unusual or emergency situations, but such classified and non- 26 classified employees shall be allowed compensatory time off from duty for 27 overtime work. Such compensatory time shall be earned and allowed on a one 28 (1) hour for one (1) hour basis, shall not be transferable, and shall be 29 forfeited at the time of transfer to another appointing authority or upon 30 separation from state service. Compensatory time may be accrued and accu- 31 mulated up to a maximum of two hundred forty (240) hours. Effective with 32 the first pay period in July, 2008 (beginning date June 15, 2008), compen- 33 satory time balances in excess of two hundred forty (240) hours will not 34 continue to accrue until the balance is below the maximum. After the last 35 pay period in June, 2009 (ending date June 13, 2009), balances in excess 36 of two hundred forty (240) hours shall be forfeited. 37 (d) Classified employees who are not designated as executive, administra- 38 tive or professional as provided in this section, and who are not included 39 in the definition of subsection (3)(a) of this section or who are not des- 40 ignated as exempt under any other complete exemption in federal law, shall 41 be eligible for cash compensation or compensatory time off from duty for 42 overtime work, subject to the restrictions of applicable federal law. Com- 43 pensatory time off may be provided in lieu of cash compensation at the 44 discretion of the appointing authority after consultation, in advance, 45 with the employee. Compensatory time off shall be paid at the rate of one 46 and one-half (1 1/2) hours for each overtime hour worked. Compensatory 47 time off which has been earned during any one-half (1/2) fiscal year but 48 not taken by the end of the succeeding one-half (1/2) fiscal year, shall 49 be paid in cash on the first payroll following the close of such succeed- 50 ing one-half (1/2) fiscal year. Compensatory time not taken at the time of 51 transfer to another appointing authority or upon separation from state 52 service shall be liquidated at the time of such transfer or separation by 53 payment in cash. 54 (e) Notwithstanding the provisions of this section, employees may be paid 55 for overtime work during a disaster or emergency with the approval of the 8 1 board of examiners. 2 (4) Cash compensation for overtime, when paid, shall be at one and one- 3 half (1 1/2) times the hourly rate of that officer's or employee's salary or 4 wage, except for those employees whose positions fall within the definitions 5 of executive, administrative or professional as stated in section 67-5302, 6 Idaho Code, who will be paid at their regular hourly rate of pay as provided 7 for in subsection (3) of this section. 8 (5) Except as provided for in subsection (3) of this section, compensa- 9 tion for authorized overtime work shall be made at the completion of the pay 10 period next following the pay period in which the overtime work occurred and 11 shall be added to the regular salary payment. 12 SECTION 4. That Section 67-5333, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 67-5333. SICK LEAVE. (1) Sick leave shall be computed as follows: 15 (a) The rate per hour at which sick leave shall accrue to classified 16 officers and employees earning credited state service shall be at the rate 17 represented by the proportion 96/2080. Sick leave shall accrue without 18 limit, and shall be transferable from department to department. 19 (b) Sick leave shall not accrue to any officer or employee on any kind of 20 leave of absence without pay, suspension without pay or layoff. Sick leave 21 shall accrue while an officer or employee is on approved leave with pay, 22 on approved vacation leave, on approved military leave with pay, and on 23 approved sick leave, but not when compensatory timeor earned administra-24tive leaveis taken. 25 (c) All accrued sick leave shall be forfeited at the time of separation 26 from state service and no officer or employee shall be reimbursed for 27 accrued sick leave at the time of separation, except as provided in sub- 28 section (2) of this section. If such officer or employee returns to cred- 29 ited state service within three (3) years of such separation, all sick 30 leave credits accrued at the time of separation shall be reinstated, 31 except to the extent that unused sick leave was utilized for the purposes 32 specified in subsection (2) of this section. 33 (d) Sick leave shall be taken on a workday basis. Regularly scheduled 34 days off and officially designated holidays falling within a period of 35 sick leave shall not be counted against sick leave. Sick leave shall not 36 be taken in advance of being earned and shall only be taken in pay periods 37 subsequent to being earned. 38 (e) In cases where absences for sick leave exceed three (3) consecutive 39 working days, the appointing authority may require verification by a phy- 40 sician or other authorized practitioner. 41 (f) If an absence for illness or injury extends beyond the sick leave 42 accrued to the credit of the officer or employee, the officer or employee 43 may be granted leave without pay. 44 (g) The administrator shall prescribe additional requirements for sick 45 leave for classified officers and employees on a part-time or irregular 46 schedule, for maintaining sick leave records, for funeral leave, and such 47 other applicable purposes as necessary. 48 (2) Unused sick leave may be used as follows: 49 (a) Upon separation from state employment by retirement in accordance 50 with chapter 13, title 59 or chapter 1, title 33, Idaho Code, an 51 employee's unused sick leave shall be determined based on accumulated sick 52 leave earned subsequent to July 1, 1976, and shall be reported by the 53 employer to the public employee retirement system. Upon separation from 9 1 state employment by retirement in accordance with chapter 20, title 1, 2 Idaho Code, an employee's unused sick leave shall be determined based on 3 accumulated sick leave earned subsequent to July 1, 2000, and shall be 4 reported by the employer to the public employee retirement system. A sum 5 equal to one-half (1/2), or the maximum amount allowed by paragraph (b) of 6 this subsection (2), whichever is the lesser, of the monetary value of 7 such unused sick leave, calculated at the rate of pay for such employee at 8 the time of retirement, as determined by the retirement board, shall be 9 transferred from the sick leave account provided by paragraph (c) of this 10 subsection (2) and shall be credited to such employee's retirement 11 account. Such sums shall be used by the Idaho public employee retirement 12 board to pay premiums, subject to applicable federal tax limits, for such 13 group health, dental, vision, long-term care, prescription drug and life 14 insurance programs as may be maintained by the state, to the extent of the 15 funds credited to the employee's account pursuant to this section. Upon an 16 employee's death, any unexpended sums remaining in the account shall 17 revert to the sick leave account. 18 (b) For the purposes of determining the monetary value of unused sick 19 leave, the maximum unused sick leave which may be considered, shall be: 20 (i) During the first ten thousand four hundred (10,400) hours of 21 credited state service, the maximum unused sick leave which may be 22 considered shall be four hundred twenty (420) hours; 23 (ii) During the second ten thousand four hundred (10,400) hours of 24 credited state service, the maximum unused sick leave which may be 25 considered shall be four hundred eighty (480) hours; 26 (iii) During the third ten thousand four hundred (10,400) hours of 27 credited state service, the maximum unused sick leave which may be 28 considered shall be five hundred forty (540) hours; and 29 (iv) Thereafter, the maximum unused sick leave which may be consid- 30 ered shall be six hundred (600) hours. 31 (c) Each employer in state government shall contribute to a sick leave 32 account maintained by the public employee retirement system in trust 33 exclusively for the purpose of the provisions of this section. The retire- 34 ment board shall serve as trustee of the trust and shall be indemnified to 35 the same extent as provided in section 59-1305, Idaho Code. Assets in the 36 trust shall not be assignable or subject to execution, garnishment or 37 attachment or to the operation of any bankruptcy or insolvency law. The 38 rate of such contribution each pay period shall consist of a percentage of 39 employees' salaries as determined by the board, and such rate shall remain 40 in effect until next determined by the board. Any excess balance in the 41 sick leave account shall be invested, and the earnings therefrom shall 42 accrue to the sick leave account except the amount required by the board 43 to defray administrative expenses. Assets of the trust may be commingled 44 for investment purposes with other assets managed by the retirement board. 45 All moneys payable to the sick leave account are hereby perpetually appro- 46 priated to the board, and shall not be included in its departmental bud- 47 get. The state insurance fund and public health districts shall be consid- 48 ered employers in state government for purposes of participation under 49 this section. 50 SECTION 5. That Section 67-5334, Idaho Code, be, and the same is hereby 51 amended to read as follows: 52 67-5334. VACATION TIME. (1) Vacation time shall be computed as follows: 53 (a) Vacation time shall not accrue to any officer or employee on any kind 10 1 of leave of absence without pay, suspension without pay or layoff. Vaca- 2 tion leave shall accrue while an officer or employee is on approved leave 3 with pay, on approved vacation leave, on approved military leave with pay, 4 and on approved sick leave, but not when compensatory timeor earned5administrative leaveis taken. 6 (b) The rate per hour at which vacation leave shall accrue to eligible 7 classified officers and employees earning credited state service who are 8 covered and nonexempt under the federal fair labor standards act, 29 9 U.S.C. section 201, et seq., shall be at the rate represented by the pro- 10 portion 96/2080 during the first ten thousand four hundred (10,400) hours 11 of credited state service; at the rate represented by the proportion 12 120/2080 during the second ten thousand four hundred (10,400) hours of 13 credited state service; at the rate represented by the proportion 144/2080 14 during the third ten thousand four hundred (10,400) hours of credited 15 state service; and at the rate represented by the proportion 168/2080 16 thereafter. 17 (c) Classified officers and employees earning credited state service and 18 defined as an exempt "professional," "administrative,"or"computer 19 worker" under the federal fair labor standards act, 29 U.S.C. section 201, 20 et seq., or who are designated as exempt under any other complete exemp- 21 tion in federal law shall be at the rate represented by the proportion 22 120/2080 during the first ten thousand four hundred (10,400) hours of 23 credited state service; at the rate represented by the proportion 144/2080 24 during the second ten thousand four hundred (10,400) hours of credited 25 state service; and at the rate represented by the proportion 168/2080 26 thereafter. 27 (d) Classified officers and employees earning credited state service and 28 defined as an exempt "executive" under section 67-5302, Idaho Code, shall 29 be at the rate represented by the proportion 200/2080. 30 (2) Eligibility and use of vacation time shall be determined as follows: 31 (a) An appointing authority shall permit each officer or employee to take 32 vacation leave to the extent such leave has accrued. 33 (b) Vacation leave may be accrued and accumulated only as follows, unless 34 amounts in excess of the permitted accumulations have been expressly 35 authorized in writing by the board of examiners during unusual or emer- 36 gency situations: 37 During the first ten thousand four hundred (10,400) hours of credited 38 state service, vacation leave may be accrued and accumulated to a maximum 39 of one hundred ninety-two (192) hours; employees classified as "executive" 40 under section 67-5302, Idaho Code, may accrue and accumulate vacation 41 leave to a maximum of two hundred (200) hours during this period; 42 During the second ten thousand four hundred (10,400) hours of cred- 43 ited state service, vacation leave may be accrued and accumulated to a 44 maximum of two hundred forty (240) hours; 45 During the third ten thousand four hundred (10,400) hours of credited 46 state service, vacation leave may be accrued and accumulated to a maximum 47 of two hundred eighty-eight (288) hours; 48 After thirty-one thousand two hundred (31,200) hours of credited 49 state service, vacation leave may be accrued and accumulated to a maximum 50 of three hundred thirty-six (336) hours. 51 (c) Vacation leave shall be transferable from department to department 52 only to the extent that it is accrued and accumulated. 53 (d) Vacation leave shall not be earned, accrued or accumulated during any 54 pay period in which the maximum accruals and accumulations provided by 55 this section have been met. 11 1 (e) Vacation leave not taken shall be compensated for at the time of sep- 2 aration only to the maximum accruals and accumulations allowed by this 3 section. 4 (f) Vacation leave shall be taken on a workday basis. Regularly scheduled 5 days off and officially designated holidays falling within a period of 6 vacation leave shall not be counted against vacation leave. Vacation leave 7 shall not be taken in advance of being earned and shall only be taken in 8 pay periods subsequent to being earned. 9 (g) With the approval of the appointing authority for both the transfer- 10 ring and receiving officer or employee, an officer or employee may trans- 11 fer accrued vacation leave, up to a maximum of forty (40) hours per fiscal 12 year, to another officer or employee for purposes of sick leave in the 13 event the receiving officer or employee or a family member suffers from a 14 serious illness or injury. The amount transferred shall be converted to 15 sick leave. An officer or employee shall not be allowed to receive more 16 than one hundred sixty (160) hours of transferred leave per fiscal year, 17 and a transfer shall not occur until the receiving employee has exhausted 18 all of his or her accrued sick and vacation leave. An officer or employee 19 shall not be eligible to transfer vacation leave unless his or her balance 20 exceeds eighty (80) hours, and in no event may an officer or employee 21 transfer an amount of accrued leave which would result in an accrued bal- 22 ance of less than eighty (80) hours. 23 (3) Upon separation from state employment and to the limits allowed by 24 subsection (2) of this section, all classified officers and employees shall 25 receive a lump sum payment for accrued but unused vacation leave at the hourly 26 rate of pay of that officer or employee.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Davis Seconded by Stegner IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1252 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 19 following "of" insert: "the 3 executive branch of"; and in line 21, following "chapter." insert: "For wage, 4 hour and working conditions, the supreme court and the legislative council 5 shall prescribe rules for employees of the judicial branch and the legislative 6 branch, respectively.". 7 CORRECTION TO TITLE 8 On page 1, in line 2, following "CODE," insert: "TO PROVIDE THAT THE 9 SUPREME COURT AND LEGISLATIVE COUNCIL SHALL PRESCRIBE CERTAIN EMPLOYMENT RULES 10 FOR CERTAIN EMPLOYEES,".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE SENATE SENATE BILL NO. 1252, As Amended BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO STATE EMPLOYEES; AMENDING SECTION 59-1607, IDAHO CODE, TO PROVIDE 3 THAT THE SUPREME COURT AND LEGISLATIVE COUNCIL SHALL PRESCRIBE CERTAIN 4 EMPLOYMENT RULES FOR CERTAIN EMPLOYEES, TO REVISE HOW CERTAIN EMPLOYEES 5 ACCRUE AND USE COMPENSATORY TIME, TO PROVIDE LIMITS AND TO PROVIDE EXCEP- 6 TIONS; AMENDING SECTION 67-5302, IDAHO CODE, TO REVISE DEFINITIONS; AMEND- 7 ING SECTION 67-5328, IDAHO CODE, TO REVISE HOW COMPENSATORY TIME MAY BE 8 ACCRUED AND UTILIZED, TO PROVIDE LIMITS, TO PROVIDE EXCEPTIONS AND TO MAKE 9 A TECHNICAL CORRECTION; AMENDING SECTION 67-5333, IDAHO CODE, TO DELETE 10 REFERENCE TO EARNED ADMINISTRATIVE LEAVE AND TO PROVIDE THAT SICK LEAVE 11 SHALL ONLY BE TAKEN IN PAY PERIODS SUBSEQUENT TO BEING EARNED; AMENDING 12 SECTION 67-5334, IDAHO CODE, TO DELETE REFERENCE TO EARNED ADMINISTRATIVE 13 LEAVE, TO PROVIDE FOR ACCRUAL OF VACATION TIME FOR EMPLOYEES WHO ARE DES- 14 IGNATED AS EXEMPT UNDER ANY OTHER COMPLETE EXEMPTION IN FEDERAL LAW AND TO 15 MAKE TECHNICAL CORRECTIONS. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 59-1607, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 59-1607. HOURS OF WORK AND OVERTIME. (1) It is the policy of the legisla- 20 ture of the state of Idaho that all classified and nonclassified officers and 21 employees of the executive branch of state government shall be treated sub- 22 stantially similar with reference to hours of employment, holidays and vaca- 23 tion leave, except as provided in this chapter. For wage, hour and working 24 conditions, the supreme court and the legislative council shall prescribe 25 rules for employees of the judicial branch and the legislative branch, respec- 26 tively. The policy of this state shall not restrict the extension of regular 27 work hour schedules on an overtime basis, which shall be the same for classi- 28 fied and nonclassified employees, in those activities and duties where such 29 extension is necessary and authorized by the appointing authority. 30 (2) The appointing authority of any department shall determine the neces- 31 sity for overtime work and shall provide for cash compensation or compensatory 32 time off for such overtime work for eligible classified and nonclassified 33 officers and employees. 34 (3) Classified and nonclassified officers and employees who fall within 35 one (1) or more of the following categories are ineligible for cash compensa- 36 tion or compensatory time for overtime work: 37 (a) Elected officials; or 38 (b) Those included in the definition of section 67-5303(j), Idaho Code. 39 (4) Classified and nonclassified employees who are designated as execu- 40 tive, as provided in section 67-5302, Idaho Code, and who are not included in 41 the definition of subsection (3) of this section, shall be ineligible for com- 42 pensatory time or cash compensation for overtime work. Such salaried employees 43 shall report absences in excess of one-half (1/2) day. Unused compensatory 2 1 time balances in excess of two hundred forty (240) hours as of the date of 2 enactment of this act shall be forfeited on December 31, 2008. Unused compen- 3 satory time balances of two hundred forty (240) hours or less shall be for- 4 feited on December 31, 2006. Employees who become executives within their cur- 5 rent agency as set forth in section 67-5302(12), Idaho Code, shall have twelve 6 (12) months from the date of this act or of appointment, whichever is later, 7 to use any compensatory time balance. After twelve (12) months, any remaining 8 compensatory time will be forfeited. Compensatory time is not transferable, 9 and shall be forfeited at the time of transfer to another appointing authority 10 or upon separation from state service. 11 (5) Classified and nonclassified officers and employees who are desig- 12 nated as administrative or professional as provided in the federal fair labor 13 standards act, or who are designated as exempt under any other complete 14 exemption in federal law, and who are not included in the definition of sub- 15 section (3) of this section, shall be ineligible for cash compensation for 16 overtime work unless cash payment is authorized by the state board of examin- 17 ers for overtime accumulated during unusual or emergency situations, but such 18 classified and nonclassified officers and employees shall be allowed compensa- 19 tory time off from duty for overtime work. Such compensatory time shall be 20 earned and allowed on a one (1) hour for one (1) hour basis, shall not be 21 transferable, and shall be forfeited at the time of transfer to another 22 appointing authority or upon separation from state service. Compensatory time 23 may be accrued and accumulated up to a maximum of two hundred forty (240) 24 hours. Effective with the first pay period in July, 2008 (beginning date June 25 15, 2008), compensatory time balances in excess of two hundred forty (240) 26 hours will not continue to accrue until the balance is below the maximum. 27 After the last pay period in June, 2009 (ending date June 13, 2009), balances 28 in excess of two hundred forty (240) hours shall be forfeited. 29 (6) Classified and nonclassified officers and employees who are not des- 30 ignated as executive, administrative or professional as provided in this sec- 31 tion, and who are not included in the definition of subsection (3) of this 32 section or who are not designated as exempt under any other complete exemption 33 in federal law, shall be eligible for cash compensation or compensatory time 34 off from duty for overtime work, subject to the restrictions of applicable 35 federal law. Compensatory time off may be provided in lieu of cash compensa- 36 tion at the discretion of the appointing authority after consultation, in 37 advance, with the employee. Compensatory time off shall be paid at the rate of 38 one and one-half (1 1/2) hours for each overtime hour worked. Compensatory 39 time off which has been earned during any one-half (1/2) fiscal year but not 40 taken by the end of the succeeding one-half (1/2) fiscal year, shall be paid 41 in cash on the first payroll following the close of such succeeding one-half 42 (1/2) fiscal year. Compensatory time not taken at the time of transfer to 43 another appointing authority or upon separation from state service shall be 44 liquidated at the time of such transfer or separation by payment in cash. 45 (7) Notwithstanding the provisions of this section, employees may be paid 46 for overtime work during a disaster or emergency with the approval of the 47 board of examiners. 48 SECTION 2. That Section 67-5302, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 67-5302. DEFINITIONS. As used in this chapter, and other applicable sec- 51 tions of the Idaho Code, each of the terms defined in this section shall have 52 the meaning given in this section unless a different meaning is clearly 53 required by the context. Such terms and their definitions are: 3 1 (1) "Administrative employee" means any person, nonclassified or classi- 2 fied appointed to a position which meets thefollowingcriteria:set forth in 3 the federal fair labor standards act, 29 U.S.C. section 201, et seq. 4(a) (i) Responsible office or nonmanual work directly related to the5management policies of a department or section; or6(ii) Responsible work that is directly related to academic instruc-7tion or training carried on in the administration of a school system8or educational establishment; and9(b) The employee must customarily and regularly exercise discretion and10independent judgment, as distinguished from using skills and following11procedures. The employee must have the authority to make important deci-12sions; and13(c) The employee must:14(i) Regularly assist a bona fide executive or administrative15employee; or16(ii) Perform work under general supervision along specialized or17technical lines requiring special training, experience or knowledge;18or19(iii) Execute under only general supervision special assignments; and20(d) The employee is classified to a position allocated to the pay grade21equivalent to two hundred sixty (260) points or higher pursuant to the22rating system established by rule.23(e)Final designation of a classified position as "administrative" within 24 this definition shall be made by the administrator of the division of 25 human resources. Exceptions to this designation which do not violate the 26 federal fair labor standards act, 29 U.S.C. section 201, et seq., may be 27 made by the administrator. 28 (2) "Administrator" means the administrator of the division of human 29 resources in the governor's office. 30 (3) "Appointing authority" means the officer, board, commission, person 31 or group of persons authorized by statute or lawfully delegated authority to 32 make appointments to or employ personnel in any department. 33 (4) "Class" means a group of positions sufficiently similar as to the 34 duties performed, degree of supervision exercised or required, minimum 35 requirements of training, experience or skill, and other characteristics, that 36 the same title, the same tests of fitness and the same schedule of compensa- 37 tion may be applied to each position in the group. 38 (5) "Classified officer or employee" means any person appointed to or 39 holding a position in any department of the state of Idaho which position is 40 subject to the provisions of the merit examination, selection, retention, pro- 41 motion and dismissal requirements of chapter 53, title 67, Idaho Code. 42 (6) "Commission" means the Idaho personnel commission. 43 (7) "Compensatory time" means approved time off from duty provided in 44 compensation for overtime hours worked. 45 (8) "Computer worker" means any person, nonclassified or classified, 46 appointed to a position which meets the criteria set forth in the federal fair 47 labor standards act, 29 U.S.C. section 201, et seq. Final designation of a 48 classified position as "computer worker" within this definition shall be made 49 by the administrator of the division of human resources. Exceptions to this 50 designation which do not violate the federal fair labor standards act, 29 51 U.S.C. section 201, et seq., may be made by the administrator. 52 (9) "Department" means any department, agency, institution or office of 53 the state of Idaho. 54 (910) "Disabled veteran" is as defined in section 65-502, Idaho Code. 55(10) "Earned administrative leave" means hours which exceed the regularly4 1scheduled hours but do not result in overtime. These hours may accrue after2hours worked and hours on paid leave exceed forty (40) hours in one (1) work3week.4 (11) "Eligible" means a person who has been determined to be qualified for 5 a classified position and whose name has been placed on the register of eligi- 6 bles. 7 (12) "Executive employee" means any person, nonclassified or classified, 8 appointed to a position equivalent to a bureau chief or above as provided in 9 section 67-2402, Idaho Code, or any employee meeting the following criteria: 10 (a) An individual whose primary duty is management of a department, divi- 11 sion or bureau; and 12 (b) Who customarily and regularly directs the work of at least two (2) or 13 more other employees therein; and 14 (c) Who has the authority to hire and fire, or to recommend hiring and 15 firing; or whose recommendation on these and other actions affecting 16 employees is given particular weight; and 17 (d) Who customarily and regularly exercises discretionary powers; and 18 (e) Who is classified to a position allocated to the pay grade equivalent 19 to two hundred sixty (260) points or higher pursuant to the rating system 20 established by rule. 21 (f) Final designation of a classified position as "executive" in this 22 definition shall be made by the administrator. Exceptions to this designa- 23 tion which do not violate the federal fair labor standards act, 29 U.S.C. 24 section 201, et seq., may be made by the administrator. 25 (13) "Exempt employee" means any employee, classified or nonclassified, 26 who is determined to be an executive, professional or administrative employee 27 as defined herein, or who qualifies for any other exemption from cash compen- 28 sation for overtime under applicable federal law. Final designation of a clas- 29 sified position as exempt shall be made by the administrator. 30 (14) "Full-time employee" means any employee working a forty (40) hour 31 work week. 32 (15) "Holiday" means the following: 33 January 1 (New Year's Day); 34 Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights 35 Day); 36 Third Monday in February (Washington's Birthday); 37 Last Monday in May (Memorial Day); 38 July 4 (Independence Day); 39 First Monday in September (Labor Day); 40 Second Monday in October (Columbus Day); 41 November 11 (Veterans Day); 42 Fourth Thursday in November (Thanksgiving); 43 December 25 (Christmas). 44 In addition, the term "holiday" shall mean any day so designated by the Presi- 45 dent of the United States or the governor of this state for a public fast, 46 thanksgiving or holiday. 47 In the event that a holiday occurs on a Saturday, the preceding Friday 48 shall be a holiday, and if the holiday falls on a Sunday, the following Monday 49 shall be a holiday. 50 A holiday is a day of exemption from work granted to nonexecutive employ- 51 ees during which said employees shall be compensated as if they actually 52 worked. Employees classified as executive exempt are entitled to ten (10) paid 53 holidays per year. If such an employee works on one (1) of the official holi- 54 days listed in this subsection, then such employee may take an alternative day 55 off but shall not receive additional compensation. 5 1 (16) "Hours worked" means those hours actually spent in the performance of 2 the employee's job on any day including holidays, and shall not include vaca- 3 tion or sick leave or other approved leave of absence. 4 (17) "Nonclassified employee" means any person appointed to or holding a 5 position in any department of the state of Idaho, which position is exempted 6 from the provisions of chapter 53, title 67, Idaho Code, as provided for in 7 section 67-5303, Idaho Code. 8 (18) "Normal work week" means any forty (40) hours worked during a partic- 9 ular one hundred sixty-eight (168) hour period as previously established by 10 the employee's appointing authority. 11 (19) "Open competitive examination" means an examination which may be 12 taken by qualified applicants to compete on an equal basis for listing on the 13 register of eligibles. 14 (20) "Overtime work" means time worked on holidays and time worked in 15 excess of forty (40) hours in a period of one hundred sixty-eight (168) con- 16 secutive hours, except that in the case of those employees engaged in law 17 enforcement, correctional and fire protection activities characterized by 18 irregular shift work schedules, time worked in excess of one hundred sixty 19 (160) hours in a period of twenty-eight (28) consecutive days shall constitute 20 overtime work within the meaning of this chapter. 21 (21) "Participating department" means any department of the state of Idaho 22 which employs persons in classified positions subject to the merit examina- 23 tion, selection, retention, promotion and dismissal requirements of this chap- 24 ter. 25 (22) "Part-time employee" means any employee whose usually scheduled work 26 is less than forty (40) hours in a period of one hundred sixty-eight (168) 27 consecutive hours, and who shall not be entitled to sick leave accruals pro- 28 vided in section 67-5333, Idaho Code, vacation leave provided in section 29 67-5334, Idaho Code, nor holiday pay as defined in subsection (15) of this 30 section, unless contributions are being made to the public employee retirement 31 system in accordance with chapter 13, title 59, Idaho Code, and rules promul- 32 gated by the public employee retirement system board. 33 (23) "Personnel system" means the procedure for administering employees in 34 accordance with this chapter. 35 (24) "Political office" means a public office for which partisan politics 36 is a basis for nomination, election or appointment. 37 (25) "Political organization" means a party which sponsors candidates for 38 election to political office. 39 (26) "Position" means a group of duties and responsibilities legally 40 assigned or delegated by one (1) or more appointing authorities and requiring 41 the employment of one (1) person. 42 (27) "Professional employee" means any person, nonclassified or classi- 43 fied, appointed to a position which meets thefollowingcriteria:set forth in 44 the federal fair labor standards act, 29 U.S.C. section 201, et seq. 45(a) The employee's primary duty must be either:46(i) Work requiring knowledge of an advanced type in a field of sci-47ence or learning, customarily obtained by a prolonged course of spe-48cialized instruction and study; or49(ii) Work that is original and creative in character in a recognized50field of artistic endeavor and the result of which depends primarily51on his invention, imagination, or talent; or52(iii) Work as a teacher certified or recognized as such in a school53system or educational institution by which he is employed; and54(b) The employee must consistently exercise discretion and judgment; and55(c) The employee must do work that is predominantly intellectual and var-6 1ied, as distinguished from routine or mechanical duties; and2(d) The employee is classified to a position allocated to the pay grade3equivalent to two hundred sixty (260) points or higher pursuant to the4rating system established by rule.5(e)Final designation of a classified position as "professional" within 6 this definition shall be made by the administrator. Exceptions to this 7 designation which do not violate the federal fair labor standards act, 29 8 U.S.C. section 201, et seq., may be made by the administrator. 9 (28) "Provisional appointment" means appointment to a classified position 10 pending the establishment of a register for such position and employment shall 11 not be continued in this status longer than thirty (30) days after establish- 12 ment of a register. 13 (29) "Qualifying examination" means an examination or evaluation given to 14 a selected person to determine eligibility for reclassification or appointment 15 to a position in a classification. 16 (30) "Register" means a list of names of persons who have been determined 17 to be eligible for employment in a classified position as determined on the 18 basis of examination and merit factors as established by the administrator. 19 (31) "Seasonal appointment" means an appointment to a position which is 20 permanent in nature, but which has intermittent work periods throughout the 21 year. 22 (32) "Service rating" means a recorded evaluation of work performance and 23 promotional potential of an employee by his supervisor. 24 (33) "Temporary appointment" means appointment to a position which is not 25 permanent in nature, and in which employment will not exceed one thousand 26 three hundred eighty-five (1,385) hours during any twelve (12) month period. 27 No person holding a temporary appointment may work in excess of one thousand 28 three hundred eighty-five (1,385) hours during a twelve (12) month period of 29 time for any one (1) department, except upon petition by the appointing 30 authority of the department of lands that demonstrates good cause, the admin- 31 istrator of the division of human resources may extend the one thousand three 32 hundred eighty-five (1,385) hour limit for employees of the department who are 33 required to perform fire suppression activities. 34 (34) "Vacation leave" means a period of exemption from work granted to 35 employees during which time said employees shall be compensated. The term 36 shall not include compensatory time for overtime work. 37 (35) "Veteran" is as defined in section 65-502, Idaho Code. 38 SECTION 3. That Section 67-5328, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 67-5328. HOURS OF WORK AND OVERTIME. (1) It is hereby declared to be the 41 policy of the legislature of the state of Idaho that all classified employees 42 shall be treated substantially similar with reference to hours of employment. 43 The policy of this state as declared in this act shall not restrict the exten- 44 sion of regular work hour schedules on an overtime basis in those activities 45 and duties where such extension is necessary and authorized, provided that 46 overtime work performed under such extension is compensated for as hereinafter 47 provided. 48 (2) The appointing authority of any department shall determine the neces- 49 sity for overtime work and shall provide for cash compensation or compensatory 50 time off for such overtime work for eligible classified officers and employ- 51 ees, subject to the restrictions of applicable federal law. 52 (3) Cash for overtime and compensatory time shall be paid based on the 53 following criteria: 7 1 (a) Classified and nonclassified officers and employees who fall within 2 one (1) or more of the following categories are ineligible for cash com- 3 pensation or compensatory time for overtime work: 4 (i) Elected officials; or 5 (ii) Those included in the definition of section 67-5303(j), Idaho 6 Code. 7 (b) Classified and nonclassified employees who are designated as execu- 8 tive, as provided in section 67-5302, Idaho Code, and who are not included 9 in the definition of subsection (3)(a) of this section, shall be ineligi- 10 ble for compensatory time or cash compensation for overtime work. Such 11 salaried employees shall report absences in excess of one-half (1/2) day. 12 Unused compensatory time balances in excess of two hundred forty (240) 13 hours as of the date of enactment of this act shall be forfeited on Decem- 14 ber 31, 2008. Unused compensatory time balances of two hundred forty (240) 15 hours or less shall be forfeited on December 31, 2006. Employees who 16 become executives within their current agency as set forth in section 17 67-5302(12), Idaho Code, shall have twelve (12) months from the date of 18 this act or of appointment, whichever is later, to use any compensatory 19 time balance. After twelve (12) months, any remaining compensatory time 20 will be forfeited. Compensatory time is not transferable, and shall be 21 forfeited at the time of transfer to another appointing authority or upon 22 separation from state service. 23 (c) Classified and nonclassified employees who are designated as adminis- 24 trative or professional, as provided in the federal fair labor standards 25 act, 29 U.S.C. section 201, et seq., or who are designated as exempt under 26 any other complete exemption in federal law, and who are not included in 27 the definition of either subsection (3)(a) or (3)(b) of this section, 28 shall be ineligible for cash compensation for overtime work unless cash 29 payment is authorized by the state board of examiners for overtime accumu- 30 lated during unusual or emergency situations, but such classified and non- 31 classified employees shall be allowed compensatory time off from duty for 32 overtime work. Such compensatory time shall be earned and allowed on a one 33 (1) hour for one (1) hour basis, shall not be transferable, and shall be 34 forfeited at the time of transfer to another appointing authority or upon 35 separation from state service. Compensatory time may be accrued and accu- 36 mulated up to a maximum of two hundred forty (240) hours. Effective with 37 the first pay period in July, 2008 (beginning date June 15, 2008), compen- 38 satory time balances in excess of two hundred forty (240) hours will not 39 continue to accrue until the balance is below the maximum. After the last 40 pay period in June, 2009 (ending date June 13, 2009), balances in excess 41 of two hundred forty (240) hours shall be forfeited. 42 (d) Classified employees who are not designated as executive, administra- 43 tive or professional as provided in this section, and who are not included 44 in the definition of subsection (3)(a) of this section or who are not des- 45 ignated as exempt under any other complete exemption in federal law, shall 46 be eligible for cash compensation or compensatory time off from duty for 47 overtime work, subject to the restrictions of applicable federal law. Com- 48 pensatory time off may be provided in lieu of cash compensation at the 49 discretion of the appointing authority after consultation, in advance, 50 with the employee. Compensatory time off shall be paid at the rate of one 51 and one-half (1 1/2) hours for each overtime hour worked. Compensatory 52 time off which has been earned during any one-half (1/2) fiscal year but 53 not taken by the end of the succeeding one-half (1/2) fiscal year, shall 54 be paid in cash on the first payroll following the close of such succeed- 55 ing one-half (1/2) fiscal year. Compensatory time not taken at the time of 8 1 transfer to another appointing authority or upon separation from state 2 service shall be liquidated at the time of such transfer or separation by 3 payment in cash. 4 (e) Notwithstanding the provisions of this section, employees may be paid 5 for overtime work during a disaster or emergency with the approval of the 6 board of examiners. 7 (4) Cash compensation for overtime, when paid, shall be at one and one- 8 half (1 1/2) times the hourly rate of that officer's or employee's salary or 9 wage, except for those employees whose positions fall within the definitions 10 of executive, administrative or professional as stated in section 67-5302, 11 Idaho Code, who will be paid at their regular hourly rate of pay as provided 12 for in subsection (3) of this section. 13 (5) Except as provided for in subsection (3) of this section, compensa- 14 tion for authorized overtime work shall be made at the completion of the pay 15 period next following the pay period in which the overtime work occurred and 16 shall be added to the regular salary payment. 17 SECTION 4. That Section 67-5333, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 67-5333. SICK LEAVE. (1) Sick leave shall be computed as follows: 20 (a) The rate per hour at which sick leave shall accrue to classified 21 officers and employees earning credited state service shall be at the rate 22 represented by the proportion 96/2080. Sick leave shall accrue without 23 limit, and shall be transferable from department to department. 24 (b) Sick leave shall not accrue to any officer or employee on any kind of 25 leave of absence without pay, suspension without pay or layoff. Sick leave 26 shall accrue while an officer or employee is on approved leave with pay, 27 on approved vacation leave, on approved military leave with pay, and on 28 approved sick leave, but not when compensatory timeor earned administra-29tive leaveis taken. 30 (c) All accrued sick leave shall be forfeited at the time of separation 31 from state service and no officer or employee shall be reimbursed for 32 accrued sick leave at the time of separation, except as provided in sub- 33 section (2) of this section. If such officer or employee returns to cred- 34 ited state service within three (3) years of such separation, all sick 35 leave credits accrued at the time of separation shall be reinstated, 36 except to the extent that unused sick leave was utilized for the purposes 37 specified in subsection (2) of this section. 38 (d) Sick leave shall be taken on a workday basis. Regularly scheduled 39 days off and officially designated holidays falling within a period of 40 sick leave shall not be counted against sick leave. Sick leave shall not 41 be taken in advance of being earned and shall only be taken in pay periods 42 subsequent to being earned. 43 (e) In cases where absences for sick leave exceed three (3) consecutive 44 working days, the appointing authority may require verification by a phy- 45 sician or other authorized practitioner. 46 (f) If an absence for illness or injury extends beyond the sick leave 47 accrued to the credit of the officer or employee, the officer or employee 48 may be granted leave without pay. 49 (g) The administrator shall prescribe additional requirements for sick 50 leave for classified officers and employees on a part-time or irregular 51 schedule, for maintaining sick leave records, for funeral leave, and such 52 other applicable purposes as necessary. 53 (2) Unused sick leave may be used as follows: 9 1 (a) Upon separation from state employment by retirement in accordance 2 with chapter 13, title 59 or chapter 1, title 33, Idaho Code, an 3 employee's unused sick leave shall be determined based on accumulated sick 4 leave earned subsequent to July 1, 1976, and shall be reported by the 5 employer to the public employee retirement system. Upon separation from 6 state employment by retirement in accordance with chapter 20, title 1, 7 Idaho Code, an employee's unused sick leave shall be determined based on 8 accumulated sick leave earned subsequent to July 1, 2000, and shall be 9 reported by the employer to the public employee retirement system. A sum 10 equal to one-half (1/2), or the maximum amount allowed by paragraph (b) of 11 this subsection (2), whichever is the lesser, of the monetary value of 12 such unused sick leave, calculated at the rate of pay for such employee at 13 the time of retirement, as determined by the retirement board, shall be 14 transferred from the sick leave account provided by paragraph (c) of this 15 subsection (2) and shall be credited to such employee's retirement 16 account. Such sums shall be used by the Idaho public employee retirement 17 board to pay premiums, subject to applicable federal tax limits, for such 18 group health, dental, vision, long-term care, prescription drug and life 19 insurance programs as may be maintained by the state, to the extent of the 20 funds credited to the employee's account pursuant to this section. Upon an 21 employee's death, any unexpended sums remaining in the account shall 22 revert to the sick leave account. 23 (b) For the purposes of determining the monetary value of unused sick 24 leave, the maximum unused sick leave which may be considered, shall be: 25 (i) During the first ten thousand four hundred (10,400) hours of 26 credited state service, the maximum unused sick leave which may be 27 considered shall be four hundred twenty (420) hours; 28 (ii) During the second ten thousand four hundred (10,400) hours of 29 credited state service, the maximum unused sick leave which may be 30 considered shall be four hundred eighty (480) hours; 31 (iii) During the third ten thousand four hundred (10,400) hours of 32 credited state service, the maximum unused sick leave which may be 33 considered shall be five hundred forty (540) hours; and 34 (iv) Thereafter, the maximum unused sick leave which may be consid- 35 ered shall be six hundred (600) hours. 36 (c) Each employer in state government shall contribute to a sick leave 37 account maintained by the public employee retirement system in trust 38 exclusively for the purpose of the provisions of this section. The retire- 39 ment board shall serve as trustee of the trust and shall be indemnified to 40 the same extent as provided in section 59-1305, Idaho Code. Assets in the 41 trust shall not be assignable or subject to execution, garnishment or 42 attachment or to the operation of any bankruptcy or insolvency law. The 43 rate of such contribution each pay period shall consist of a percentage of 44 employees' salaries as determined by the board, and such rate shall remain 45 in effect until next determined by the board. Any excess balance in the 46 sick leave account shall be invested, and the earnings therefrom shall 47 accrue to the sick leave account except the amount required by the board 48 to defray administrative expenses. Assets of the trust may be commingled 49 for investment purposes with other assets managed by the retirement board. 50 All moneys payable to the sick leave account are hereby perpetually appro- 51 priated to the board, and shall not be included in its departmental bud- 52 get. The state insurance fund and public health districts shall be consid- 53 ered employers in state government for purposes of participation under 54 this section. 10 1 SECTION 5. That Section 67-5334, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 67-5334. VACATION TIME. (1) Vacation time shall be computed as follows: 4 (a) Vacation time shall not accrue to any officer or employee on any kind 5 of leave of absence without pay, suspension without pay or layoff. Vaca- 6 tion leave shall accrue while an officer or employee is on approved leave 7 with pay, on approved vacation leave, on approved military leave with pay, 8 and on approved sick leave, but not when compensatory timeor earned9administrative leaveis taken. 10 (b) The rate per hour at which vacation leave shall accrue to eligible 11 classified officers and employees earning credited state service who are 12 covered and nonexempt under the federal fair labor standards act, 29 13 U.S.C. section 201, et seq., shall be at the rate represented by the pro- 14 portion 96/2080 during the first ten thousand four hundred (10,400) hours 15 of credited state service; at the rate represented by the proportion 16 120/2080 during the second ten thousand four hundred (10,400) hours of 17 credited state service; at the rate represented by the proportion 144/2080 18 during the third ten thousand four hundred (10,400) hours of credited 19 state service; and at the rate represented by the proportion 168/2080 20 thereafter. 21 (c) Classified officers and employees earning credited state service and 22 defined as an exempt "professional," "administrative,"or"computer 23 worker" under the federal fair labor standards act, 29 U.S.C. section 201, 24 et seq., or who are designated as exempt under any other complete exemp- 25 tion in federal law shall be at the rate represented by the proportion 26 120/2080 during the first ten thousand four hundred (10,400) hours of 27 credited state service; at the rate represented by the proportion 144/2080 28 during the second ten thousand four hundred (10,400) hours of credited 29 state service; and at the rate represented by the proportion 168/2080 30 thereafter. 31 (d) Classified officers and employees earning credited state service and 32 defined as an exempt "executive" under section 67-5302, Idaho Code, shall 33 be at the rate represented by the proportion 200/2080. 34 (2) Eligibility and use of vacation time shall be determined as follows: 35 (a) An appointing authority shall permit each officer or employee to take 36 vacation leave to the extent such leave has accrued. 37 (b) Vacation leave may be accrued and accumulated only as follows, unless 38 amounts in excess of the permitted accumulations have been expressly 39 authorized in writing by the board of examiners during unusual or emer- 40 gency situations: 41 During the first ten thousand four hundred (10,400) hours of credited 42 state service, vacation leave may be accrued and accumulated to a maximum 43 of one hundred ninety-two (192) hours; employees classified as "executive" 44 under section 67-5302, Idaho Code, may accrue and accumulate vacation 45 leave to a maximum of two hundred (200) hours during this period; 46 During the second ten thousand four hundred (10,400) hours of cred- 47 ited state service, vacation leave may be accrued and accumulated to a 48 maximum of two hundred forty (240) hours; 49 During the third ten thousand four hundred (10,400) hours of credited 50 state service, vacation leave may be accrued and accumulated to a maximum 51 of two hundred eighty-eight (288) hours; 52 After thirty-one thousand two hundred (31,200) hours of credited 53 state service, vacation leave may be accrued and accumulated to a maximum 54 of three hundred thirty-six (336) hours. 11 1 (c) Vacation leave shall be transferable from department to department 2 only to the extent that it is accrued and accumulated. 3 (d) Vacation leave shall not be earned, accrued or accumulated during any 4 pay period in which the maximum accruals and accumulations provided by 5 this section have been met. 6 (e) Vacation leave not taken shall be compensated for at the time of sep- 7 aration only to the maximum accruals and accumulations allowed by this 8 section. 9 (f) Vacation leave shall be taken on a workday basis. Regularly scheduled 10 days off and officially designated holidays falling within a period of 11 vacation leave shall not be counted against vacation leave. Vacation leave 12 shall not be taken in advance of being earned and shall only be taken in 13 pay periods subsequent to being earned. 14 (g) With the approval of the appointing authority for both the transfer- 15 ring and receiving officer or employee, an officer or employee may trans- 16 fer accrued vacation leave, up to a maximum of forty (40) hours per fiscal 17 year, to another officer or employee for purposes of sick leave in the 18 event the receiving officer or employee or a family member suffers from a 19 serious illness or injury. The amount transferred shall be converted to 20 sick leave. An officer or employee shall not be allowed to receive more 21 than one hundred sixty (160) hours of transferred leave per fiscal year, 22 and a transfer shall not occur until the receiving employee has exhausted 23 all of his or her accrued sick and vacation leave. An officer or employee 24 shall not be eligible to transfer vacation leave unless his or her balance 25 exceeds eighty (80) hours, and in no event may an officer or employee 26 transfer an amount of accrued leave which would result in an accrued bal- 27 ance of less than eighty (80) hours. 28 (3) Upon separation from state employment and to the limits allowed by 29 subsection (2) of this section, all classified officers and employees shall 30 receive a lump sum payment for accrued but unused vacation leave at the hourly 31 rate of pay of that officer or employee.
STATEMENT OF PURPOSE
RS 17392C1
This bill puts back language that was omitted in 2006. The
omission of this language resulted in treating otherwise exempt
employees, such as outside sales people and fish hatchery
personnel, as if they were non-exempt for overtime purposes.
This bill adds a definition for computer workers and aligns the
administrative and professional overtime definitions with the
federal definitions. This bill also clarifies that newly
promoted executives have twelve (12) months to use any
compensatory time balances. After twelve (12) months, any
remaining compensatory time will be forfeited. The bill sets
forth a cap on the amount of compensatory time that may be
earned by non-executive exempt employees. The bill allows an
exception for the payment of overtime during a disaster or
emergency with approval of the Board of Examiners. This
exception could allow executives who fight fires or otherwise
assist in emergencies to be compensated in line with market
practice. The state is typically reimbursed for this type of
overtime expenditure. This bill also allows for exceptions to
overtime designations if deemed appropriate by the Division of
Human Resources administrator. In the past, such exceptions
have been made for certain nurses to allow for time and a half
for overtime work in order to be in line with market practice.
The bill clarifies when part-time workers are eligible for leave
benefits and that sick leave may only be used in pay periods
subsequent to being earned. Finally the bill will eliminate
Earned Administrative Leave (EAL).
FISCAL NOTE
This proposed legislation will have no negative fiscal impact.
CONTACT
Name: Vicki Tokita
Agency: Human Resources, Division of
Phone: (208) 429-5529
STATEMENT OF PURPOSE/FISCAL NOTE S 1252