School Board of Palm Beach County

NOTICE OF PROPOSED RULE DEVELOPMENT & PUBLIC HEARING

RULE TITLE: Leave of Absence.

RULE NUMBER: Policy 3.80.

SUBJECT AREA TO BE ADDRESSED: Allowing non-bargaining-unit employees to donate leave time to other District employees.

PURPOSE AND EFFECT: This amendment would add three new sections (sections 4, 5, and 6) to the existing leave Policy. The other sections would remain unchanged. New section 4 would codify the sick-leave donation program for family members that is required by Fla. Stat. § 1012.61(2)(e). New section 5 would establish a general sick-leave and annual-leave donation program (for non-bargaining unit employees) which is not specifically provided for in a statute, but is within the powers of the School Board under Fla. Stat. § 1012.22(2) and Fla. Stat. § 1001.32(2). New Section 6 would authorize the Superintendent to establish a sick-leave pool, allowed by Fla. Stat. § 1012.61(3)(a)-(i), for non-bargaining-unit employees. Section 1 of the Policy, which remains unchanged, provides: "If the terms of a collective-bargaining agreement differ from this Policy, the language of the employee's agreement will take precedence."

SPECIFIC RULEMAKING AUTHORITY: §§ 1001.32(2); 1001.41(1) & (2); 1001.43(11); 1012.22(2); 1012.23; 1012.61(2)(e); 1012.61(3); 1012.66, Fla. Stat.

LAWS IMPLEMENTED: §§ 115.07; 1001.32(2); 1012.61; 1012.62; 1012.63; 1012.64; 1012.65; 1012.66; 1002.33(12)(e), Fla. Stat.; Family and Medical Leave Act of 1993, 29 U.S.C. § 2602 et seq., 29 C.F.R. Part 825; Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et seq., Fla. Stat.

CONTACT PERSON: James Hayes, 3300 Forest Hill Blvd., West Palm Beach, FL 33406.

THE PRELIMINARY TEXT of the proposed rule development may promptly be obtained without cost from the School District's web site at www.SchoolBoardPolicies.com/revisions.htm.

PUBLIC HEARING: It is anticipated that this rule development will be considered at the School Board's Special Meeting on Policies on February 22, 2006, anticipated to begin at 5:00 p.m., in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla. The hearing is open to the public. AGENDA: A copy of the agenda will be available by February 15 on the District’s Web site. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in these meetings is asked to advise the agency at least 48 hours before the workshop by contacting the Board Clerk at 434-8139. This meeting is open to the public.