Florida Administrative Code (Last Updated: September 2, 2024) |
60. Department of Management Services |
60L. Personnel Management System |
60L-34. Attendance And Leave |
1(1) Employees in senior management service and selected exempt service positions shall be credited with 176 hours of annual leave.
21(2)(a) Full-time employees in career service positions shall earn annual leave as follows. Employees shall be entitled to use all previous state government creditable service immediately upon reemployment for determining eligibility for higher annual leave credits.
57Length of Service
60Hours of Leave Earned During Pay Period
67Monthly
68Biweekly
69Through 60 months
728.667 hours
744 hours
7661 through 120 months
8010.833 hours
825 hours
84Over 120 months
8713 hours
896 hours
91(b) Career service employees who work less than a full pay period due to initial employment or separation during a pay period, part-time work, transfer between agencies, or leave of absence without pay, shall earn annual leave credits for the hours worked during that pay period as follows:
139Biweekly Pay Period
142Number of Hours Actually Worked
1470 to 5 Years
1515 to 10 Years
155Over 10 Years
158Less than 17
1610
1620
1630
16417 through 32.99
1671
1681.25
1691.5
17033 through 47.99
1732
1742.5
1753
17648 through 63.99
1793
1803.75
1814.5
18264 or more
1854
1865
1876
188Monthly Pay Period
191Number of Hours Actually Worked
1960 to 5 Years
2005 to 10 Years
204Over 10 Years
207Less than 36
2100
2110
2120
21336 through 70.99
2162.167
2172.708
2183.25
21971 through 103.99
2224.333
2235.417
2246.5
225104 through 138.99
2286.5
2298.125
2309.75
231139 or more
2348.667
23510.833
23613
237(3) Upon reasonable notice, an agency may require an employee to use accrued annual leave.
252(4)(a) At the close of business on December 31 of each calendar year, a career service employee’s annual leave balance in excess of 240 hours shall be transferred to sick leave on an hour-for-hour basis. In accordance with an agency-wide plan, the employee may carry-over up to 360 hours of annual leave credits past December 31. For senior management service and selected exempt service employees, at the close of business on the day before the member’s anniversary date, all annual leave credits in excess of 480 hours shall be converted to sick leave on an hour-for-hour basis.
349(b) Each December, a permanent career service employee shall be entitled, subject to the available funds, to a payout of up to twenty-four hours of unused annual leave provided:
3781. After the payout, the employee’s annual leave balance is at least twenty-four hours.
3922. The cumulative payout shall not exceed the lifetime maximum described in paragraph 40560L-34.0041(6)(a), 406F.A.C.
407(5)(a) If an employee moves into the State Personnel System from another state government employer, the receiving agency shall credit all annual leave not paid for at the time of the transfer.
439(b) If an employee moves from one position in the State Personnel System to another position in the State Personnel System in a different agency within thirty-one days, the receiving agency shall credit the employee’s unused annual leave.
477(c) If an employee moves from a position in the State Personnel System to a position outside the State Personnel System, the agency shall either transfer unused annual leave credits to the system into which the employee is transferring, or, if the new system will not accept the credits, pay for the credits subject to subsection 53360L-34.0041(6), 534F.A.C. For either transfer or payment, current year credits shall be prorated.
546(6)(a) A career service employee who separates from state government with twelve continuous months of service shall be paid for unused annual leave, up to a lifetime maximum of 240 hours. With respect to leave payments received at the time of separation, agencies shall only include payments for separations occurring after December 31, 2001 in the calculation of the lifetime maximum. In case of death of an employee, the 240-hour limit shall not apply and all unused annual leave at the time of death shall be paid to the employee’s beneficiary, estate, or as provided by law.
643(b) A senior management service or selected exempt service employee who separates from state government shall be paid for unused annual leave up to a maximum of 480 hours, with the current year’s accrual prorated. In case of death of an employee, the 480-hour limit shall not apply and all unused annual leave at the time of death shall be paid to the employee’s beneficiary, estate, or as provided by law.
714(c) An employee with twelve months of service, who is being laid off, shall be paid for all unused annual leave in accordance with this section, unless the employee requests in writing that the annual leave be retained up to a maximum of one year, pending reemployment.
7611. If the employee is not reemployed within one year, unused annual leave held in abeyance shall be paid for in accordance with this section.
7862. If the employee is reemployed within one year, annual leave credits shall be restored if the employee so requests in writing and repays the full amount of any lump-sum payment received for accumulated annual leave credits.
823(d) An employee electing to participate in DROP may request payment for accrued annual leave at the time of entry into DROP; alternatively, the employee may elect to defer payment until separation from service. If an employee elects immediate payment, then upon separation from service the employee shall be eligible for accrued annual leave payment only to the extent the employee has earned additional annual leave, which combined with the original payment does not exceed the applicable maximum amount specified in paragraph (a) or (b) of this subsection 91160L-34.0041(6), 912F.A.C.
913(7)(a) Annual leave credits may be transferred to or from current legal spouses within the State Personnel System and other Executive Branch agencies within one year following a documented birth, which shall have the meaning of the defined term set forth in section 956382.002(12), F.S., 958or adoption of an employee’s child. Annual leave may only be transferred for an employee’s:
9731. Absences, as documented by the treating physician, for recovery or medical complications not covered by the recovery period provided in paragraph 60L-34.00421(3)(a), F.A.C.; and
9982. Absences for care and bonding with the child, documented in accordance with paragraph 60L-34.00421(3)(b), F.A.C.
1014(b) An employee may receive annual leave credits under this subsection provided the employee has used all eligible paid parental leave benefits under subsection 60L-34.00421(3), F.A.C., all sick leave accrued under subsections 104660L-34.0042(1) 1047and (2), F.A.C., and all types of compensatory leave.
1056(c) For purposes of this subsection, Executive Branch agency is defined as those entities specified in Chapter 20, F.S.: Executive Branch Organizational Structure.
1079(d) Transfer of annual leave credits to or from employees of Executive Branch agencies outside of the State Personnel System is contingent on the transfer rules of the applicable agency.
1109Rulemaking Authority 1111110.1055, 1112110.1522, 1113110.201, 1114110.219(5), 1115110.403, 1116110.605, FS. 1118Law Implemented 1120110.219, 1121121.091(13) FS. 1123History–New 1-22-02, Amended 12-21-10, 12-11-23.