S*988 Session 107 (1987-1988)
S*0988(Rat #0592, Act #0524 of 1988) General Bill, By Courson and Setzler
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 9
to Chapter 11, Title 8, so as to provide for a state employee leave-transfer
program under which the sick or annual leave, or both, of an employee may be
transferred for use by another employee in the case of a personal emergency;
and to amend Section 8-11-40, as amended, relating to sick leave for state
employees, so as to redefine "immediate family".-amended title
12/21/87 Senate Prefiled
12/21/87 Senate Referred to Committee on Finance
01/12/88 Senate Introduced and read first time SJ-246
01/12/88 Senate Referred to Committee on Finance SJ-246
02/10/88 Senate Committee report: Favorable Finance SJ-13
02/16/88 Senate Amended SJ-14
02/16/88 Senate Read second time SJ-14
02/16/88 Senate Ordered to third reading with notice of
amendments SJ-14
02/23/88 Senate Amended SJ-21
02/23/88 Senate Read third time and sent to House SJ-21
02/24/88 House Introduced and read first time HJ-1426
02/24/88 House Referred to Committee on Ways and Means HJ-1426
04/12/88 House Committee report: Favorable with amendment Ways
and Means HJ-2601
04/21/88 House Amended HJ-3147
04/21/88 House Debate adjourned until Tuesday, April 26, 1988 HJ-314
04/26/88 House Amended HJ-3200
04/26/88 House Read second time HJ-3203
04/27/88 House Read third time HJ-3236
04/27/88 House Returned HJ-3236
05/03/88 Senate Concurred in House amendment and enrolled SJ-16
05/12/88 Ratified R 592
05/18/88 Signed By Governor
05/18/88 Effective date 05/18/88
05/18/88 Act No. 524
06/02/88 Copies available
(A524, R592, S988)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9
TO CHAPTER 11, TITLE 8, SO AS TO PROVIDE FOR A STATE EMPLOYEE LEAVE-TRANSFER
PROGRAM UNDER WHICH THE SICK OR ANNUAL LEAVE, OR BOTH, OF AN EMPLOYEE MAY BE
TRANSFERRED FOR USE BY ANOTHER EMPLOYEE IN THE CASE OF A PERSONAL EMERGENCY; AND
TO AMEND SECTION 8-11-40, AS AMENDED, RELATING TO SICK LEAVE FOR STATE EMPLOYEES,
SO AS TO REDEFINE "IMMEDIATE FAMILY".
Be it enacted by the General Assembly of the State of South Carolina:
"Immediate family" redefined
SECTION 1. The last paragraph of Section 8-11-40 of the 1976 Code, as added by
Act 67 of 1987, is amended to read:
"Employees earning sick leave as provided in this section may use not more
than five days of sick leave annually to care for ill members of their immediate
families. For purposes of this section, 'immediate family' means a spouse,
children, mother, father, a spouse's mother and father, legal guardian, a
spouse's legal guardian, and grandchildren if the grandchild resides with the
employee, and the employee is the primary caretaker of the grandchild."
State Employee Leave-Transfer Program
SECTION 2. Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Article 9
State Employee Leave-Transfer Program
Section 8-11-700. As used in this article:
(1) 'Employing agency' means the agency in which the leave recipient is
employed.
(2) 'Leave donor' means an employee of an employing agency whose voluntary
written request for transfer of annual or sick leave to the pool leave account
of his employing agency is granted.
(3) 'Leave recipient' means an employee of an employing agency who has a
personal emergency and is selected to receive annual or sick leave from the pool
leave account of his employing agency.
(4) 'Personal emergency' means a medical or family emergency or other
hardship situation that is likely to require an employee's absence from duty for
a prolonged period of time and to result in a substantial loss of income to the
employee because of the unavailability of paid leave.
(5) 'Division' means the Human Resource Management Division of the State
Budget and Control Board.
Section 8-11-710. (A) Employees of a state agency may request leave from the
pool leave account established in this article of his agency for a personal
emergency in the manner and under the conditions authorized by this article.
(B) This leave request must be submitted to the employing agency and must be
accompanied by the following information concerning the employee:
(1) the name, employing agency, position title, and classification of the
employee; and
(2) a brief description of the nature, severity, and anticipated duration
of the medical, family, or other hardship situation affecting the employee.
Section 8-11-720. In conformity with guidelines established by the division
and following receipt of additional information it may require, the employing
agency, subject to approval by the Budget and Control Board, may select leave
recipients within the agency for participation in the leave-transfer program from
among the potential leave recipients of the agency requesting leave under Section
8-11-710. The selections of the employing agency after Budget and Control Board
approval are final, and there is no administrative or judicial appeal of the
selections. Unless the personal emergency involves a medical condition affecting
the leave recipient, the employing agency may consider the likely impact on
morale and efficiency within the agency in considering a leave recipient's
request to use transferred leave.
Section 8-11-730. (A) An employee of an employing agency may request
voluntarily, in writing, that a specified number of hours of his accrued annual
or sick leave or both be transferred from his annual or sick leave account to a
pool account the agency establishes to distribute leave to leave recipients
employed by the agency pursuant to this article, except that an employee with
less than fifteen days in his sick leave account may not transfer any sick leave
to the pool account, and an employee with more than fifteen days in his sick
leave account may transfer sick leave to the pool account provided he retain a
minimum of fifteen days in his own sick leave account. Once leave of an employee
has been transferred to the pool account, it must not be restored or returned to
the leave donor.
(B) Under procedures established by the division, the employing agency may
transfer all or any portion of the annual leave in the pool account to the annual
leave account of the leave recipient, and all or any portion of the sick leave
in the pool account to the sick leave account of the leave recipient.
(C) Annual or sick leave transferred under this section may be substituted
retroactively for periods of leave without pay or used to liquidate an
indebtedness for advanced annual or sick leave granted.
Section 8-11-740. (A) Upon approval of his employer, a leave recipient may
use annual or sick leave from the pool account established under Section 8-11-730
in the same manner and for the same purposes as if he had accrued the leave in
the manner provided by law. Leave that accrues to the account of the leave
recipient must be used before any transferred leave from the pool account.
(B) Transferred annual or sick leave from the pool account remaining to the
credit of a leave recipient when the leave recipient's employment terminates must
not be transferred to another employee, included in a lump-sum payment for
accrued leave, or included in the recipient's total service for retirement
computation purposes.
Section 8-11-750. (A) The personal emergency affecting a leave recipient
terminates when the employing agency determines that the personal emergency no
longer exists or the leave recipient's employment by the employing agency
terminates.
(B) The employing agency shall monitor continuously the status of the personal
emergency affecting the leave recipient and
establish procedures to ensure that the leave recipient is not permitted to
receive or use transferred annual or sick leave from the pool account after the
personal emergency ceases to exist.
(C) When the personal emergency affecting a leave recipient terminates, the
employing agency may not grant any further requests for transfer of annual or
sick leave from the pool account to the leave accounts of the leave recipient.
Section 8-11-760. Under procedures established by the division, any
transferred annual or sick leave remaining to the credit of a leave recipient
when the personal emergency affecting the leave recipient terminates must be
restored to the pool account.
Section 8-11-770. The division shall require employing agencies to maintain
records and report pertinent information to the division concerning the
administration of the leave-transfer program for the purpose of evaluating the
desirability, feasibility, and cost of the transfer program."
Time effective
SECTION 3. This act takes effect upon approval by the Governor. |