A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 59-1-400, RELATING TO SICK LEAVE FOR PUBLIC SCHOOL EMPLOYEES, SO AS TO REQUIRE PAYMENT FOR ACCRUED BUT UNUSED SICK LEAVE TO TEACHERS UPON SEPARATION OF EMPLOYMENT FROM A SCHOOL DISTRICT EXCEPT WHEN BEGINNING WORK IN A DISTRICT THAT ACCEPTS TRANSFER OF THE ACCRUED SICK LEAVE WITHIN A CERTAIN AMOUNT OF TIME.

 

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

 

SECTION 1.  Section 59-1-400(A) of the S.C. Code is amended to read:

 

    (A) All full-time employees of public schools accrue sick leave on the basis of one and one-fourth days of sick leave for each month of active service or twelve days for nine months of active service.  Sick leave accrued but not used may be accumulated up to ninety days if the employees do not violate their respective contracts. Provisions for the additional benefits provided for in this section must be made on the same basis as existing sick leave benefits.

        (1) A school employee using sick leave as provided for in this section may not be terminated from employment nor during a continuing sick leave of less than ninety-one days.

        (2) The provisions of this section do not apply to employees of a school district which provides more liberal sick leave benefits. Any benefits accrued under school district sick leave policies in effect prior to July 1, 1976, are not lost as a result of this section.

        (3) Sick leave accumulated in compliance with this section is transferable to any school district in the State or to the State Department of Education by the employee with the earned leave.

       (4) If a teacher has accrued sick leave in compliance with this section and separates from employment with a district, the district must pay the teacher for the unused portion of this accrued sick leave within thirty days of separation unless during that thirty day period the teacher enters a contract for employment with another district that allows the teacher to transfer to the district such unused leave for use by the teacher during his employment with that new district.

 

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

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