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Bill Number: 542 Ratification Number: 320 Act Number 310 Introducing Body: Senate Subject: Requirements before the election of sick or annual leave
(A310, R320, S542)
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."
SECTION 2. This act takes effect upon approval by the Governor.