H*2609(Rat #0091, Act #0058 of 1985)  General Bill, By 
 House Medical, Military, Public and Municipal Affairs
 A Bill 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.-amended title

   03/19/85  House  Introduced, read first time, placed on calendar
                     without reference HJ-1392
   03/21/85  House  Amended HJ-1555
   03/21/85  House  Read second time HJ-1556
   03/22/85  House  Read third time and sent to Senate HJ-1594
   03/26/85  Senate Introduced, read first time, placed on calendar
                     without reference SJ-1018
   04/04/85  Senate Amended SJ-1353
   04/04/85  Senate Read second time SJ-1353
   04/09/85  Senate  Read third time SJ-1398
   04/09/85  Senate Returned SJ-1398
   04/16/85  House  Concurred in Senate amendment and enrolled HJ-3517
   04/24/85         Ratified R 91
   04/29/85         Signed By Governor
   04/29/85         Effective date 04/29/85
   04/29/85         Act No. 58
   05/14/85         Copies available

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:

Sick leave

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:

"SECTION 10

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."

Further

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.

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.