The Department proposes a technical change to an erroneous date specified in the rule in order to comply with the statutory effective date of the legislation governing paragraph 60L-34.0041(6)(a), F.A.C.

DEPARTMENT OF MANAGEMENT SERVICES
Personnel Management System

Rule No.: RULE TITLE
60L-34.0041: Annual Leave
PURPOSE AND EFFECT: The Department proposes a technical change to an erroneous date specified in the rule in order to comply with the statutory effective date of the legislation governing paragraph 60L-34.0041(6)(a), F.A.C.
SUMMARY: Revises the date used by agencies when determining lifetime maximum annual leave payouts for career service employees separating from the State Personnel System.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 110.201, 110.219 FS.
LAW IMPLEMENTED: 110.219 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Tuesday, November 30, 2010, 1:00 p.m. – 3:00 p.m.
PLACE: 4050 Esplanade Way, Conference Room 101, Tallahassee, FL
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Ms. Erin Thoresen, HR Consultant, 4050 Esplanade Way, Suite 235, Tallahassee, FL 32399-0950; [phone]; [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ms. Erin Thoresen, HR Consultant, 4050 Esplanade Way, Suite 235, Tallahassee, FL 32399-0950; [phone]; [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

60L-34.0041 Annual Leave.

(1) through (5) No change.

(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, In calculating the lifetime maximum, agencies shall only include only payments for separations occurring after December 31, 2001 in the calculation of the lifetime maximum May 13, 2001. 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.

(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.

(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.

1. If the employee is not reemployed within one year, unused annual leave held in abeyance shall be paid for in accordance with this section.

2. 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.

(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 paragraphs (a) or (b) of this subsection 60L-34.0041(6), F.A.C.

Rulemaking Specific Authority 110.201, 110.219(5) FS. Law Implemented 110.219, 121.091(13) FS. History–New 1-22-02, Amended__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Ms. Sharon D. Larson, Director, Division of Human Resource Management, Department of Management Services
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ms. Linda H. South, Secretary, Department of Management Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 8, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 24, 2010