S*0542(Rat #0320, Act #0310 of 1988)  General Bill, By M.B. Williams
 A Bill to amend Section 8-11-145, Code of Laws of South Carolina, 1976,
 relating to the use of sick and annual leave in conjunction with Workers'
 Compensation, so as to provide for the requirements that must be met before an
 employee elects any leave option.

   03/18/87  Senate Introduced and read first time SJ-962
   03/18/87  Senate Referred to Committee on Judiciary SJ-962
   04/22/87  Senate Committee report: Favorable Judiciary SJ-1431
   04/23/87  Senate Read second time SJ-1495
   04/28/87  Senate Read third time and sent to House SJ-1537
   04/29/87  House  Introduced and read first time HJ-2217
   04/29/87  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-2217
   01/20/88  House  Committee report: Favorable Labor, Commerce and
                     Industry HJ-419
   02/02/88  House  Read second time HJ-855
   02/04/88  House  Read third time and enrolled HJ-930
   02/18/88         Ratified R 320
   02/24/88         Signed By Governor
   02/24/88         Effective date 02/24/88
   02/24/88         Act No. 310
   03/08/88         Copies available

AN ACT TO AMEND SECTION 8-11-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SICK AND ANNUAL LEAVE IN CONJUNCTION WITH WORKERS' COMPENSATION, SO AS TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE AN EMPLOYEE ELECTS ANY LEAVE OPTION.

Be it enacted by the General Assembly of the State of South Carolina:

Requirements before the election of sick or annual leave

SECTION 1. Section 8-11-145 of the 1976 Code is amended to read:

"Section 8-11-145. If there is 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 or annual, or both) or Workers' Compensation benefits awarded in accordance with Title 42. Before the election is made, the effect of each available option on the employee's future leave must be explained to him by his employer. The election must be in writing and signed by the employee and the person who explains the options to him. The election of the employee is 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 the leave time is exhausted before the employee can return to work, the employee is 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, under the provisions of this section, is eligible for the payment of medical costs provided by Workers' Compensation benefits.

An employee also may elect to receive Workers' Compensation on a prorated basis in conjunction with sick or annual leave, or both, in accordance with a proration formula established by the State Budget and Control Board. Before this election is made, the effect of this option on the employee's future leave must be explained to him by his employer. The election must be in writing and signed by the employee and the person who explains the option to him."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.