The purpose of the proposed rule is to clarify terms for granting administrative leave and compensatory leave during emergency facility closures. Under the provisions of Sections 110.201 and 110.219(5), Florida Statutes, the Department may adopt ...

DEPARTMENT OF MANAGEMENT SERVICES
Personnel Management System

RULE NO: RULE TITLE
60L-34.0071: Administrative Leave
PURPOSE AND EFFECT: The purpose of the proposed rule is to clarify terms for granting administrative leave and compensatory leave during emergency facility closures. Under the provisions of Sections 110.201 and 110.219(5), Florida Statutes, the Department may adopt rules for the provision of administrative leave and compensatory leave during emergency facility closures.
SUMMARY: The rule addresses the eligibility for administrative leave and compensatory leave when facilities are closed during emergencies pursuant to Executive Order of the Governor. The proposed rule amendment clarifies terms for granting administrative leave and compensatory leave during emergency facility closures addresses.
SUMMARY 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(5) FS.
LAW IMPLEMENTED: 110.201, 110.219(5) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: 10:00 a.m. – 12:00 Noon, Monday, August 7, 2006
PLACE: The Department of Management Services, Room 101 (Lobby), 4050 Esplanade Way, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: David Faulkenberry, Director, Division of Human Resource Management, Department of Management Services, 4050 Esplanade Way, Tallahassee, Florida 32399-0950, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

60L-34.0071 Administrative Leave.

(1) Administrative leave counts as hours of pay, but does not count as hours of work for overtime purposes.

(2) Approval of administrative leave, under subsection (3) of this rule or otherwise, is limited to an amount necessary to bring the employee to full pay for forty hours of work in the workweek, the number of approved hours in the extended work period, or the number of hours in the work period. In no case shall the approval of administrative leave cause the employee to exceed forty hours during the workweek, hours in an approved extended work period, or hours in the regular work period for excluded employees.

(3) An agency shall comply with the following provisions when granting administrative leave for the reasons described.

(a) Jury Duty:

An employee who is summoned as a member of a jury panel shall be granted administrative leave with pay for hours required for such duty not to exceed the number of hours in the employee’s normal workday; however, if the jury duty does not require absence for the entire workday, the employee shall return to duty immediately upon release by the court. If the employee’s court attendance does not coincide with the employee’s regular work schedule, the employee shall be granted administrative leave based on the total hours served on jury duty, not to exceed the number of hours in the employee’s regular workday. Such leave shall be granted on the next scheduled work shift following each day the employee is in court. Jury fees shall be retained by the employee.

(b) Witness:

1. An employee subpoenaed as a witness, or to give a deposition, in a court or an administrative hearing, not involving personal litigation or service as a paid expert witness shall be granted administrative leave with pay, and witness fees shall be retained by the employee.

2. An employee subpoenaed in the line of duty to represent a state agency as a witness or defendant shall not be granted administrative leave, and appearance in such cases shall be considered a part of the employee’s job assignment. The employee shall be paid per diem and travel expenses and shall be required to turn over to the agency any fees received from the court.

3. In no case shall administrative leave with pay be granted for court attendance when an employee is engaged in personal litigation or service as a paid expert witness.

(c) Examination for military service:

An employee who is ordered to appear for an examination for entrance into the military service shall be granted leave with pay for this purpose on the day of the examination.

(d) Death in family:

1. An employee, upon request, shall be granted two days of administrative leave with pay on the death of the employee’s spouse and on the death of the parents, grandparents, brothers, sisters, children, and grandchildren of either the employee or the spouse.

2. Each employee requesting administrative leave due to death in the family shall submit a statement to the appropriate authority stating the name of, and relationship to, the deceased.

(e) Closing facilities under emergency conditions:

1. When offices are closed pursuant to Executive Order of the Governor:

a. When the Governor, by Executive Order, declares an emergency, the agency shall determine which affected facilities or portions thereof are located in the area covered by the Executive Order.

a.b. Except for those employees the agency determines are necessary for providing essential services, Eemployees assigned to the facilities the agency has closed shall be released from duty and granted administrative leave for the period the facility is closed., unless and except for those eEmployees whom the agency determines are necessary for providing  requires to remain on duty to provide essential services. Those employees whom the agency requires to report for duty to provide essential services shall be granted special compensatory leave credits for the hours worked during the period the facility is closed only if they hold a position below that of bureau chief (or bureau chief comparable as defined in Section 20.04, Florida Statutes)., and the other employees will be granted administrative leave.

b.c. An employee who is on a prior approved leave of absence or scheduled holiday during an emergency shall not have the leave of absence changed to administrative leave.

c.d. If the Executive Order issued by the Governor does not specify an ending time and date, the agency’s authority under this subsection shall be limited to two consecutive calendar days. Any action beyond two days shall require approval by the Department.

2. Other:

In any other disaster or emergency condition that may necessitate the closing of facilities in an area, the agency shall have the authority and responsibility to determine whether agency offices or facilities, or any portion thereof, are affected by the emergency and are to be closed. The Department must approve the closing of any agency facility or portion thereof for more than two consecutive work days. The Department must approve the closing of any Department-operated state facility. In such cases, employees’ attendance and leave shall be handled as prescribed in subparagraph (e)1. above.

(f) Formal investigation:

An employee under formal investigation by an agency for violation of a rule or statute for which dismissal is a penalty, shall temporarily be assigned other duties if deemed advisable by the agency, or placed on administrative leave if the employee’s absence from the work location is essential to the investigation. The agency shall report in writing to the Department whenever it grants such leave.

(g) Elections:

Any employee may be granted up to one hour of leave with pay for the purpose of voting during normal working hours. An employee shall not be granted administrative leave to work at the polls during elections.

(h) Examinations and interviews:

An employee may be granted up to two hours of leave with pay for the purpose of taking examinations before a state agency, provided such examinations are pertinent to state employment or for the purpose of having interviews for positions within the State Personnel System.

(i) Mentoring:

1. Each employee may be granted up to one hour of administrative leave per week, not to exceed five hours per calendar month, to participate in the Governor’s Mentoring Initiative, including the following school or community voluntary activities:

a. Mentoring, tutoring, guest speaking and, when participating in an established mentoring program serving a school district, providing any related services at the direction of the program or volunteer coordinator.

b. Participating in community service programs that meet child, elder, or human needs, including Guardian Ad Litem, Big-Brother/Big Sister, Senior Corps, and Adult Literacy.

2. The supervisor may approve the aggregated use of up to four hours in any calendar month, provided the agency deems such usage appropriate for the delivery of services under sub-subparagraph a. and b. In such cases no further administrative leave shall be granted pursuant to sub-subparagraph a. or b. until one week has elapsed for every additional hour taken in the aggregate.

3. In granting administrative leave for any purpose under this section, the supervisor shall take into consideration the impact of such leave on the employees’ work unit.

4. If an employee does not use administrative leave as authorized in this section, the employee shall not accrue or be paid for such leave.

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

NAME OF PERSON ORIGINATING PROPOSED RULE: David Faulkenberry, Director, Division of Human Resource Management, Department of Management Services, 4050 Esplanade Way, Tallahassee, Florida 32399-0950, [phone]
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: David Faulkenberry, Director Division of Human Resource Management, Department of Management Services, 4050 Esplanade Way, Tallahassee, Florida 32399-0950, at [phone].
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 5, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 9, 2006
Pursuant to the American Disabilities Act, persons needing special accommodations to participate in the rule hearing should advise the Department of Management Services at least two (2) calendar days before the workshop, by contacting David Faulkenberry, at [phone].