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HOUSE AMENDMENTS AMENDED
June 2, 2004
S. 16
Introduced by Senators Setzler, Mescher, Grooms, Ravenel, Reese, Courson, Branton and Land
S. Printed 6/2/04--S.
Read the first time February 19, 2003.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, 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.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
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."
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.
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 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.
(B) 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 employers rather than sick leave. The period of administrative leave per 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 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."
SECTION 4. This act takes effect upon approval by the Governor.
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