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COMMITTEE REPORT
February 25, 2003
S. 144
S. Printed 2/25/03--S.
Read the first time January 14, 2003.
To whom was referred a Bill (S. 144) to amend Section 8-11-40, as amended, Code of Laws of South Carolina, 1976, relating to state employee sick leave, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, striking Section 8-11-40, as contained in SECTION 1, beginning on page 1, and inserting:
/ Section 8-11-40. All permanent full-time state employees in FTE positions are entitled to fifteen days sick leave a year with pay. Sick leave is earned by permanent 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 permanent part-time and hourly 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 herein in this section. In the event If 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 in FTE positions who are temporarily disabled as a result of an assault by an inmate, patient, or client 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 employer rather than sick leave. The period of administrative leave per for each incident may not exceed one hundred eighty calendar days.
Employees earning sick leave as provided in this section may use not more than eight 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, or legal guardian and grandchildren if the grandchild resides with the employee and the employee is the primary caretaker of the grandchild. /
Amend title to conform.
HUGH K. LEATHERMAN, SR. for Committee.
EXPLANATION OF IMPACT:
Information from agencies with law enforcement personnel indicates that since current practice provides for officers injured in the line of duty to be placed on paid sick leave, there will be a minimal impact on the General Fund of the State or federal and/or other funds which may be absorbed within existing resources.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE EMPLOYEE SICK LEAVE, SO AS TO PROVIDE THAT A FULL-TIME COMMISSIONED LAW ENFORCEMENT OFFICER WHO IN THE LINE OF DUTY IS ASSAULTED OR INJURED WHILE ARRESTING OR ATTEMPTING TO ARREST A PERSON MAY BE PLACED ON ADMINISTRATIVE LEAVE WITH PAY BY HIS EMPLOYER RATHER THAN SICK LEAVE.
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 Act 100 of 1999, 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 this section. In the event If 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. A full-time commissioned law enforcement officer who in the line of duty is assaulted while arresting a person or who is injured while attempting to arrest a person may be placed on administrative leave with pay by his employer rather than sick leave. The period of administrative leave per incident may not exceed one hundred eighty calendar days.
Employees earning sick leave as provided in this section may use not more than eight 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, or legal guardian and grandchildren if the grandchild resides with the employee and the employee is the primary caretaker of the grandchild."
SECTION 2. This act takes effect upon approval by the Governor.
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