S*0016(Rat #0385, Act #0295 of 2004)  General Bill, By Setzler, Mescher, Grooms, 
Ravenel, Reese, Courson, Branton and Land
 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. - ratified title

   12/04/02  Senate Prefiled
   12/04/02  Senate Referred to Committee on Finance
   01/09/03         Scrivener's error corrected
   01/14/03  Senate Introduced and read first time SJ-27
   01/14/03  Senate Referred to Committee on Finance SJ-27
   02/05/03  Senate Committee report: Favorable Finance SJ-15
   02/06/03         Scrivener's error corrected
   02/12/03  Senate Read second time SJ-17
   02/18/03  Senate Read third time and sent to House SJ-13
   02/19/03  House  Introduced and read first time HJ-11
   02/19/03  House  Referred to Committee on Ways and Means HJ-11
   05/13/04  House  Committee report: Favorable Ways and Means HJ-7
   05/19/04  House  Amended HJ-87
   05/19/04  House  Read second time HJ-87
   05/20/04  House  Read third time and returned to Senate with
                     amendments HJ-51
   06/02/04  Senate House amendment amended SJ-47
   06/02/04  Senate Returned to House with amendments SJ-47
   06/03/04  House  Concurred in Senate amendment and enrolled HJ-47
   06/03/04         Ratified R 385
   08/16/04         Signed By Governor
   08/19/04         Copies available
   08/19/04         Effective date 08/16/04
   08/24/04         Act No. 295

(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."

Time effective

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.