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2609Ratification Number: 91Act Number: 58Introducing Body: HouseSubject: Use of sick or annual leave
(A58, R91, H2609)
AN ACT TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO PROVIDE THAT PERMANENT FULL-TIME STATE EMPLOYEES WHO ARE TEMPORARILY DISABLED AS A RESULT OF AN ASSAULT BY AN INMATE, PATIENT, OR CLIENT MUST BE PLACED ON ADMINISTRATIVE LEAVE WITH PAY BY THEIR EMPLOYER RATHER THAN SICK LEAVE; TO AMEND SECTION 10, PART II OF ACT 512 OF 1984, WHICH ALLOWS STATE EMPLOYEES TO USE SICK OR ANNUAL LEAVE ON A PRO RATA BASIS IN CONJUNCTION WITH WORKERS' COMPENSATION SO AS TO FURTHER PROVIDE FOR THE USE OF LEAVE IN CONJUNCTION WITH WORKERS' COMPENSATION; AND TO PROVIDE THAT ANY PERMANENT FULL-TIME STATE EMPLOYEE WHO, ON THE EFFECTIVE DATE OF THIS ACT, IS USING SICK LEAVE AS A RESULT OF BEING TEMPORARILY DISABLED AS A RESULT OF AN ATTACK BY AN INMATE, PATIENT, OR CLIENT IS AUTHORIZED TO BE PLACED ON ADMINISTRATIVE LEAVE WITH PAY ON THE EFFECTIVE DATE OF THIS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 8-11-40 of the 1976 Code, as last amended by Section 35, Part II, of Act 151 of 1983, is further amended to read:
"Section 8-11-40. All permanent full-time state employees are entitled to fifteen days sick leave a year with pay. Sick leave is earned by permanent full-time state employees at the rate of one and one-fourth days a month and may be accumulated, but no more than one hundred eighty days may be carried over from one calendar year to another. The department or agency head is authorized to grant additional sick leave in extenuating circumstances upon approval of the State Budget and Control Board. All permanent part-time and hourly employees are entitled to sick leave prorated on the basis of fifteen days a year subject to the same carry-over specified herein. In the event an employee transfers from one state agency to another, his sick leave balance also is transferred. The State Budget and Control Board, through the Division of Personnel, may promulgate those regulations in accordance with law as may be necessary to administer the provisions of this section, including the power to define the use of sick leave.
Permanent full-time state employees who are temporarily disabled as a result of an assault by an inmate, patient, or client must be placed on administrative leave with pay by their employer rather than sick leave."
Use of sick or annual leave
SECTION 2. Section 10, Part II of Act 512 of 1984 is amended to read:
To Allow State Employees to Use Sick or Annual
Leave on a Pro Rata Basis in Conjunction with
Workers' Compensation under Certain Conditions.
Notwithstanding any other provision of law, in the event of an accidental injury arising out of and in the course of employment with the State, which is covered under Workers' Compensation, an employee who is not eligible for or who has exhausted his paid administrative leave shall make an election to use either accrued leave time (sick and/or annual) or Workers' Compensation benefits awarded in accordance with Title 42 of the 1976 Code, provided that the election of the employee shall be irrevocable as to each individual incident.
When an employee is placed on paid administrative leave or has elected to use all or any portion of accrued leave time and such leave time is exhausted before the employee can return to work, the employee shall be entitled to Workers' Compensation benefits effective at the time the specified amount of leave is exhausted.
An employee who is placed on paid administrative leave or who has elected to use accrued leave time shall, under the provisions of this Section, be eligible for the payment of medical costs provided by Workers' Compensation benefits.
Provided, However, That an employee may also elect to receive Workers' Compensation on a prorated basis in conjunction with sick and/or annual leave in accordance with a proration formula which shall be established by the Budget and Control Board."
SECTION 3. Any permanent full-time state employee who, on the effective date of this act, is using sick leave as a result of being temporarily disabled as a result of an attack by an inmate, patient, or client is authorized to be placed on administrative leave with pay on the effective date of this act.
SECTION 4. This act shall take effect upon approval by the Governor.