TITLE 59

PUBLIC OFFICERS IN GENERAL

CHAPTER 16

NONCLASSIFIED STATE OFFICERS AND EMPLOYEES

59-1605.  Sick leave computation. (1) Eligible nonclassified officers and employees shall accrue sick leave at the same rate and under the same conditions as is provided in section 67-5333, Idaho Code, for classified officers and employees.

(2)  Sick leave shall be taken by nonclassified officers and employees in as nearly the same manner as possible as is provided in section 67-5333, Idaho Code, for classified officers and employees.

(3)  The supreme court shall determine the sick leave policies for all officers and employees of the judicial department. To the extent possible, the supreme court shall adopt policies which are compatible with the state’s accounting system. Any policy and procedures determined by the supreme court must be communicated to the state controller in writing at least one hundred eighty (180) days in advance of the effective date of the policy and procedures.

(4)  The state board of education shall determine the sick leave policies for all officers and employees of the state board of education who are not subject to the provisions of chapter 53, title 67, Idaho Code. To the extent possible, the state board of education shall adopt policies which are compatible with the state’s accounting system.

Any policy and procedures determined by the state board of education must be communicated to the state controller in writing at least one hundred eighty (180) days in advance of the effective date of the policy and procedures.

(5)  The state board of examiners shall adopt comparative tables and charts to compute sick leave on daily, weekly, bi-weekly, calendar month and annual periods.

(6)  For those eligible nonclassified officers and employees previously employed by a county office of public defender or joint office of public defender and hired by the office of the state public defender prior to January 1, 2025:

(a)  Credited state service, for the purposes of section 67-5333, Idaho Code, shall include all credited service earned for purposes of the public employee retirement system established pursuant to chapter 13, title 59, Idaho Code; and

(b)  At the discretion of the officer or employee, up to forty (40) hours of unused sick leave shall be secured for, and credited to, the officer or employee by the office of the public defender to be utilized as sick leave. The officer or employee’s prior employing county shall bequest and deposit funds corresponding to the secured and credited sick leave hours in the state public defense fund established by section 57-827, Idaho Code.

History:

[59-1605, added 1977, ch. 307, sec. 16, p. 875; am. 1994, ch. 180, sec. 146, p. 515; am. 2024, ch. 217, sec. 1, p. 771.]