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A295, R385, S16
Sponsors: Senators Setzler, Mescher, Grooms, Ravenel, Reese, Courson, Branton and Land
Document Path: l:\s-resmin\bills\setzler\smin0008.ngs.doc
Introduced in the Senate on January 14, 2003
Introduced in the House on February 19, 2003
Last Amended on June 2, 2004
Passed by the General Assembly on June 3, 2004
Governor's Action: August 16, 2004, Signed
Summary: State employee funeral leave
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/4/2002 Senate Prefiled 12/4/2002 Senate Referred to Committee on Finance 1/9/2003 Scrivener's error corrected 1/14/2003 Senate Introduced and read first time SJ-27 1/14/2003 Senate Referred to Committee on Finance SJ-27 2/5/2003 Senate Committee report: Favorable Finance SJ-15 2/6/2003 Scrivener's error corrected 2/12/2003 Senate Read second time SJ-17 2/18/2003 Senate Read third time and sent to House SJ-13 2/19/2003 House Introduced and read first time HJ-11 2/19/2003 House Referred to Committee on Ways and Means HJ-11 5/13/2004 House Committee report: Favorable Ways and Means HJ-7 5/19/2004 House Amended HJ-87 5/19/2004 House Read second time HJ-87 5/20/2004 House Read third time and returned to Senate with amendments HJ-51 6/2/2004 Senate House amendment amended SJ-47 6/2/2004 Senate Returned to House with amendments SJ-47 6/3/2004 House Concurred in Senate amendment and enrolled HJ-47 6/3/2004 Ratified R 385 8/16/2004 Signed By Governor 8/19/2004 Copies available 8/19/2004 Effective date 08/16/04 8/24/2004 Act No. 295
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VERSIONS OF THIS BILL
(A295, R385, S16)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-177 TO PROVIDE THREE DAYS OF PAID LEAVE FOR STATE EMPLOYEES IN THE CASE OF THE DEATH OF AN IMMEDIATE FAMILY MEMBER AND PERMIT THE EMPLOYING AGENCY TO REQUIRE A STATEMENT FROM THE EMPLOYEE STATING THEIR RELATIONSHIP TO THE DECEASED; TO AUTHORIZE THE GOVERNOR TO DECLARE DECEMBER 23, 2004, AS A CHRISTMAS EVE HOLIDAY FOR STATE EMPLOYEES AND TO PROVIDE FOR WHEN THE 2005 NEW YEAR'S DAY STATE HOLIDAY SHALL BE OBSERVED; AND TO AMEND SECTION 8-11-40, AS AMENDED, RELATING TO STATE EMPLOYEE SICK LEAVE, SO AS TO INCREASE THE NUMBER OF SICK LEAVE DAYS EMPLOYEES MAY USE TO CARE FOR ILL MEMBERS OF THEIR IMMEDIATE FAMILY, TO FURTHER PROVIDE WHEN ADMINISTRATIVE LEAVE SHALL BE USED FOR EMPLOYEES WHO ARE PHYSICALLY ATTACKED WHILE IN PERFORMANCE OF OFFICIAL DUTIES, AND TO MAKE TECHNICAL REVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Leave for death of immediate family member
SECTION 1. Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-177. (A) An employee, upon request, must be granted up to three consecutive workdays of leave with pay on the death of any member of the employee's immediate family. Immediate family is defined as the spouse, great-grandparents, grandparents, parents, legal guardians, brothers, spouse of brothers, sisters, spouse of sisters, children, spouse of children, grandchildren, great-grandchildren of either the employee or the spouse.
(B) An employee requesting leave for a death in the immediate family may be required by the employing agency to submit a statement stating the name and relationship of the deceased."
Christmas Eve 2004 and New Year's Day 2005 holidays
SECTION 2. (A) Notwithstanding Section 53-5-20 of the 1976 Code, the Governor is authorized to declare Thursday, December 23, 2004, as the Christmas Eve holiday for state government employees.
(B) Notwithstanding the provisions of Section 53-5-30 of the 1976 Code, the 2005 New Year's Day state holiday otherwise scheduled to be observed on Friday, December 31, 2004, must instead be observed on Monday, January 3, 2005.
Leave if attacked; leave for sick family member
SECTION 3. Section 8-11-40 of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:
"Section 8-11-40. (A) All full-time state employees in FTE positions are entitled to fifteen days' sick leave a year with pay. Sick leave is earned by full-time state employees in FTE positions 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 part-time state employees in FTE positions are entitled to sick leave prorated on the basis of fifteen days a year subject to the same carry-over specified in this section. If an employee transfers from one state agency to another, his sick leave balance also is transferred. The State Budget and Control Board may promulgate 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.
(B) State employees in FTE positions who are physically attacked while in the performance of official duties and suffer bodily harm as a result of the attack must be placed on administrative leave with pay by their employers rather than sick leave. The period of administrative leave for each incident may not exceed one hundred eighty calendar days.
(C) Employees earning sick leave as provided in this section may use not more than ten days of sick leave annually to care for ill members of their immediate families. For purposes of this section, the employee's 'immediate family' means the employee's spouse and children and the following relations to the employee or the spouse of the employee: mother, father, brother, sister, grandparent, legal guardian, and grandchildren."
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 3rd day of June, 2004.
Approved the 16th day of August, 2004.
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