To update and clarify attendance and leave procedures to provide periods of paid maternity leave for recovery, or parental leave for bonding, following birth or adoption of a child, as well as to expand annual leave transfer ....

 

DEPARTMENT OF MANAGEMENT SERVICES

Personnel Management System

RULE NOS.:RULE TITLES:

60L-34.0041Annual Leave

60L-34.0042Sick Leave

60L-34.00421 Paid Parental Leave Following the Birth or Adoption of a Child.

60L-34.0051Family Supportive Work Program

PURPOSE AND EFFECT: To update and clarify attendance and leave procedures to provide periods of paid maternity leave for recovery, or parental leave for bonding, following birth or adoption of a child, as well as to expand annual leave transfer procedures between spouses, or sick leave transfers between spouses and coworkers, to eligible employees under certain circumstances to reduce leave without pay following the birth or adoption of a child.

SUMMARY: SUBJECT AREA TO BE ADDRESSED: Paid leave for parents following the birth or adoption of a child and opportunities for annual leave transfers between spouses, or sick leave transfers between spouses or coworkers to eligible employees, for absences related to maternity or parental leave.

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, utilizing the expertise of its personnel and available human resource information system data on relevant historical behavioral patterns of leave utilization determined no SERC was required after completing the SERC checklist analysis.

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, 110.1522, 110.201, 110.219(5) FS

LAW IMPLEMENTED: 110.219(5), 110.221 FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Shannon Baker, Chief, State Workforce Employment Programs, telephone: [phone], email: Shannon [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60L-34.0041 Annual Leave. 

(1) through (6) No change. 

(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 382.002(12), F.S., or adoption of an employee’s child. Annual leave may only be transferred for an employee’s: 

1. 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 

2. Absences for care and bonding with the child, documented in accordance with paragraph 60L-34.00421(3)(b), F.A.C.  

(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 60L-34.0042(1) and (2), F.A.C., and all types of compensatory leave. 

(c) For purposes of this subsection, Executive Branch agency is defined as those entities specified in Chapter 20, F.S.: Executive Branch Organizational Structure. 

(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. 

Rulemaking Authority 110.201, 110.219(5) FS. Law Implemented 110.219, 121.091(13) FS. History–New 1-22-02, Amended 12-21-10, XX-XX-23.  

 

60L-34.0042 Sick Leave. 

(1) through (2) No change. 

(3) Sick leave shall be authorized for the following purposes: 

(a) through (c) No change. 

(d) Care and bonding within one year following a documented birth or adoption of the employee’s child. The documentation provided shall be in accordance with paragraph 60L-34.00421(3)(b), F.A.C. Leave used for care and bonding in accordance with this rule and paid parental leave in accordance with subsection 60L-34.00421(3), F.A.C., cannot exceed a combined total of 16 weeks.  

(4) through (6) No change. 

(7) Sick leave credits may be transferred to or from employees within the State Personnel System and other Executive Branch agencies within one year following a documented birth or adoption of an employee’s child for care and bonding. The documentation provided shall be in accordance with paragraph 60L-34.00421(3)(b), F.A.C. 

(a) The following requirements apply to an employee receiving sick leave credits under this subsection: 

1. 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 60L-34.0042(1) and (2), F.A.C., and all types of compensatory leave; and 

2. Sick leave credits used in accordance with this subsection are subject to the limitations in paragraph (3)(d) and subparagraph (5)(e)4. 

(b) For purposes of this subsection, Executive Branch agency is defined as those entities specified in Chapter 20, F.S.: Executive Branch Organizational Structure. 

(c) Transfer of sick leave credits to and from employees of Executive Branch agencies outside of the State Personnel System is contingent on the transfer rules of the applicable agency. 

(7) renumbered (8) No change. 

Rulemaking Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.121, 110.122, 110.219 FS. History–New 1-1-02, Amended XX-XX-23.  

 

60L-34.00421 Paid Parental Leave Following the Birth or Adoption of a Child.  

(1) Paid parental leave following the birth or adoption of a child counts as hours of pay but does not count as hours of work for overtime purposes.  

(2) Approval of paid parental leave following the birth or adoption of a child under subsection (3) of this rule is limited to an amount necessary to bring the employee to full pay for the number of scheduled hours of work in the workweek, extended work period, or regular work period for excluded employees. In no case shall the approval of this paid leave cause the employee to exceed scheduled hours during the workweek, extended work period, or regular work period for excluded employees.  

(3) An agency shall provide paid parental leave for the following: 

(a) Maternity Leave: Leave granted for absences from the workplace for an employee’s recovery period immediately following childbirth, which shall have the meaning of the defined term set forth in section 382.002(12), F.S. Such leave shall be granted for a period of up to seven consecutive calendar weeks, which begins on the first full calendar day following a documented birth. 

(b) Care and Bonding Leave: Leave granted for an absence from the workplace following a documented birth or adoption of an employee’s child to care for and bond with the child. The documentation shall identify the employee as a legal parent to the child. Such leave shall be granted for a period of up to two weeks within one year following the birth or adoption and may be granted on an intermittent basis. 

(4) To qualify for paid parental leave benefits under subsection (3) of this rule, an employee shall have within the State Personnel System: 

(a) At least one year of cumulative service within the last seven years; and  

(b) A minimum of 1,250 hours worked in the 12-month period preceding the first date of leave.  

(c) Part-time employees must meet the requirements of this subsection to qualify. If qualified, the benefit will be prorated based on the number of regularly scheduled hours of work in the workweek or work period. 

Rulemaking Authority 110.1055, 110.201, 110.219(5) FS. Law Implemented 110.1522, 110.219, 110.403, 110.605 FS. History–New XX-XX-23.  

 

60L-34.0051 Family Supportive Work Program. 

(1) through (3) No change. 

(4) Agencies shall approve absences for parental or family medical leave purposes as authorized in section 110.221, F.S., to assist employees in meeting family needs, subject to the following: 

(a) Within one year following birth or adoption of a child, leave shall be granted for up to six months for the parent;. 

(b) Leave shall be granted for up to six months for a family member’s serious health condition, as defined in the FMLA and implementing regulations; and. 

(c) The agency shall acknowledge to the employee in writing the period of leave to be granted and the date the employee will return to duty. 

(5) Agencies shall approve up to thirty calendar days family leave for non-medical family responsibilities, provided that the leave has minimal impact on the employee’s work unit. Family responsibilities in this area may include, but are not limited to, the following: 

(a) through (d) No changes. 

(6) An employee granted leave under paragraph subsection (4)(b) or subsection (5) of this rule may request to use accrued leave subject to the provisions contained in Rule Chapter 60L-34, F.A.C. credits.  If the employee does not so request, the agency shall place the employee on leave without pay. 

(7) An employee granted leave under paragraph (4)(a) of this rule may request to use: 

(a) Accrued leave subject to the provisions contained in Chapter 60L-34, F.A.C.;  

(b) Paid parental leave in accordance with Rule 60L-34.00421, F.A.C.;  

(c) Annual leave credits transferred in accordance with subsection 60L-34.0041(7), F.A.C.; and  

(d) Sick leave credits transferred in accordance with subsection 60L-34.0042(7), F.A.C.  

(8) An agency may place an employee on leave without pay if the employee is granted leave for purposes under subsections (4) or (5) of this rule and the employee does not request the use of specific leave type(s).  

(7) renumbered (9) No change. 

Rulemaking Authority 110.1055, 110.1522, 110.219(5) FS. Law Implemented 110.1522, 110.219(5), 110.221 FS. History–New 1-1-02, Amended XX-XX-23. 

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Shannon Baker, Chief, State Workforce Employment Programs

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pedro Allende, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 08/24/2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 28, 2023