60L-34.0041. Annual Leave

(1) Employees in senior management service and selected exempt service positions shall be credited with 176 hours of annual leave.

(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.

Length of Service	Hours of Leave Earned During Pay Period
	Monthly	Biweekly
Through 60 months	8.667 hours	4 hours
61 through 120 months	10.833 hours	5 hours
Over 120 months	13 hours	6 hours

(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:

Biweekly Pay Period

Number of Hours Actually Worked	0 to 5 Years	5 to 10 Years	Over 10 Years
Less than 17	0	0	0
17 through 32.99	1	1.25	1.5
33 through 47.99	2	2.5	3
48 through 63.99	3	3.75	4.5
64 or more	4	5	6

 

Monthly Pay Period

Number of Hours Actually Worked	0 to 5 Years	5 to 10 Years	Over 10 Years
Less than 36	0	0	0
36 through 70.99	2.167	2.708	3.25
71 through 103.99	4.333	5.417	6.5
104 through 138.99	6.5	8.125	9.75
139 or more	8.667	10.833	13

(3) Upon reasonable notice, an agency may require an employee to use accrued annual leave.

(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.

(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:

1. After the payout, the employee’s annual leave balance is at least twenty-four hours.

2. The cumulative payout shall not exceed the lifetime maximum described in paragraph 60L-34.0041(6)(a), F.A.C.

(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.

(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.

(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 60L-34.0041(6), F.A.C. For either transfer or payment, current year credits shall be prorated.

(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.

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

(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 110.1055, 110.1522, 110.201, 110.219(5), 110.403, 110.605, FS. Law Implemented 110.219, 121.091(13) FS. History–New 1-22-02, Amended 12-21-10, 12-11-23.