Chapter 2012-215, Laws of Florida, amends Section 110.205(7), F.S., by deleting the provisions requiring that Career Service employees retain regular and special compensatory leave credits upon appointment to a Selected Exempt Service position.  

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    DEPARTMENT OF MANAGEMENT SERVICES

    Personnel Management System

    RULE NOS.:RULE TITLES:

    60L-34.0031Regular Time and Overtime

    60L-34.0043Regular Compensatory Leave

    60L-34.0044Special Compensatory Leave

    PURPOSE AND EFFECT: Chapter 2012-215, Laws of Florida, amends Section 110.205(7), F.S., by deleting the provisions requiring that Career Service employees retain regular and special compensatory leave credits upon appointment to a Selected Exempt Service position.

    SUMMARY: Rules 60L-34.0043 and 60L-34.0044, F.A.C., need to be amended to comport with the new language in Section 110.205(7), F.S., by deleting the provisions requiring that Career Service employees retain regular and special compensatory leave credits upon appointment to a Selected Exempt Service position and clarifying the conditions under which special compensatory leave credits are forfeited. Additionally, amendments to Rule 60L-34.0031, F.A.C., are necessary to provide that Fair Labor Standards Act (FLSA) compensatory leave that is accrued by employees in lieu of overtime pay (pursuant to FLSA), may be paid out at least once a year, to accommodate the mutual needs of certain agencies and employees.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

    The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $1 million dollars in the aggregate within 5 years after the implementation of the rule. For these reasons, a SERC has not been prepared by the agency and legislative ratification is not required.

    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.

    RULEMAKING AUTHORITY: 110.1055, 110.201, 110.219(5) 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: July 18, 2013, 2:00 p.m. 4:00 p.m.

    PLACE: Department of Management Services, 4050 Esplanade Way, Room 101, Tallahassee, FL 32399-0950

    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. Mailea Adams, 4050 Esplanade Way, Suite 235, Tallahassee, FL 32399-0950, Phone (850)413-9503, Email: Mailea.Adams@dms.myflorida.com. 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. Mailea Adams, 4050 Esplanade Way, Suite 235, Tallahassee, FL 32399-0950, Phone (850)413-9503, Email: Mailea.Adams@dms.myflorida.com

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

    60L-34.0031 Regular Time and Overtime.

    (1) through (3) No change.

    (4) In lieu of overtime payment, an employee in an included position who is eligible for overtime, may, if mutually agreed by the employee and the agency, waive cash payment for overtime, and the agency shall credit process the FLSA special compensatory time leave as follows:

    (a) At the end of the workweek or extended period, credit all overtime hours as FLSA special compensatory time leave credits at the rate of one and one-half hours credit for each hour of overtime worked.

    (b) Allow the employee to accumulate up to a maximum of 80 hours of credits.

    (b)(c) Allow the employee to use the credits in any increments mutually agreed by the employee and the supervisor. Absent mutual agreement, the supervisor may, with a minimum of five workdays notice, require the employee to use the credits at any time in increments of full workdays.

    (c) Agencies may allow the accrual and payment of FLSA compensatory leave credits on a biannual or annual basis.

    1.(d) An employee accruing and receiving payment biannually shall be allowed to accumulate a maximum of 80 hours of credits. At the close of business on December 31 and June 30 of each year, or two other biannual dates approved by the Department, agencies shall pay the employee for all unused credits at the employee’s straight time regular hourly rate of pay;.

    2. An employee accruing and receiving payment annually shall be allowed to accumulate a maximum of 160 hours of credits. At the close of business on December 31 of each year, or on another annual date approved by the Department, agencies shall pay the employee for all unused credits at the employee’s straight time regular hourly rate of pay.

    (d)(e) If the employee separates from the agency or moves to an excluded position with accumulated credits, pay the employee for all unused credits at the employee’s straight time regular hourly rate of pay or the rate in effect when the leave was accrued, whichever is greater.

    (5)(f) Unless otherwise provided through collective bargaining, wWhen a Career Service an employee is on-call pursuant to Chapter 60L-32, F.A.C., and is called back to their assigned or other designated work location beyond the employee’s scheduled hours of work for that day, the employee shall be credited with actual time worked or a minimum of two hours of work, whichever is greater. Time not worked of the minimum of two hours is not counted as hours worked for the purposes of computing overtime compensation.

    Rulemaking Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.122, 110.219 FS. History–New 1-22-02, Amended_________.

     

    60L-34.0043 Regular Compensatory Leave.

    (1) through (2) No change.

    (3) Leave credits shall not be transferred from the agency where the credits were earned to another agency or pay plan, unless the employee is moving from a career service position to a selected exempt service position.

    (4) through (5) No change.

    Rulemaking Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.122, 110.219 FS. History–New 1-1-02, Amended_________.

     

    60L-34.0044 Special Compensatory Leave.

    (1) When an employee separates from an agency, the agency shall pay the employee for all unused special compensatory leave credits at the employee’s current regular hourly rate of pay.

    (1)(2) Special compensatory lLeave credits shall not be transferred from the agency where the credits were earned or are currently maintained to another agency or pay plan, unless the employee is moving from a career service position to a selected exempt service position. Any unused payable special compensatory leave credits existing when an employee separates from the agency, or moves to another agency or pay plan shall be paid at the employee’s current regular hourly rate of pay. All other credits shall be forfeited.

    (2)(3) Upon prior notice, an agency may compel the use of all or part of an employee’s accumulated holiday special compensatory leave credits or special compensatory leave credits, or both, based on agency needs, provided such usage requirement is in accordance with any collective bargaining agreement provisions. An agency may also require an employee to use accumulated special compensatory leave credits prior to approving an employee’s request to use other types of approved leave, with the exception of sick leave.

    (3)(4) All unused payable special compensatory leave credits for an employee who is laid off shall be paid for in lump-sum, based on the employee’s current regular hourly rate of pay, at the time of layoff. All other credits shall be forfeited.

    (4)(5) At the time of entry into the DROP, an employee electing to participate in the program may request payment of any unused payable special compensatory leave that was earned within eleven months before entry into the DROP.

    Rulemaking Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.122, 110.219 FS. History–New 1-1-02, Amended _________.

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Sharon D. Larson, Division Director of Human Resource Management

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Craig J. Nichols, Agency Secretary

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 7, 2013

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 14, 2013

Document Information

Comments Open:
6/26/2013
Summary:
Rules 60L-34.0043 and 60L-34.0044, F.A.C., need to be amended to comport with the new language in Section 110.205(7), F.S., by deleting the provisions requiring that Career Service employees retain regular and special compensatory leave credits upon appointment to a Selected Exempt Service position and clarifying the conditions under which special compensatory leave credits are forfeited. Additionally, amendments to Rule 60L-34.0031, F.A.C., are necessary to provide that Fair Labor Standards ...
Purpose:
Chapter 2012-215, Laws of Florida, amends Section 110.205(7), F.S., by deleting the provisions requiring that Career Service employees retain regular and special compensatory leave credits upon appointment to a Selected Exempt Service position.
Rulemaking Authority:
110.1055, 110.201, 110.219(5) FS.
Law:
110.219 FS.
Contact:
Ms. Mailea Adams, 4050 Esplanade Way, Suite 235, Tallahassee, FL 32399-0950, Phone (850)413-9503, Email: Mailea.Adams@dms.myflorida.com.
Related Rules: (3)
60L-34.0031. Regular Time and Overtime
60L-34.0043. Regular Compensatory Leave
60L-34.0044. Special Compensatory Leave