Title: Policy 3.80 Leave of Absence - Emergency Rule

Recommendation:

I recommend that the Board adopt the proposed amendments to Policy 3.80, entitled “Leave of Absence,” as an emergency rule to protect the public health, safety, or welfare under Fla. Stat. § 120.54(4)(a), and as advertised through a public notice as shown below.

Description:

• SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY, OR WELFARE: The health or welfare of employee(s) with chronic or terminal illness is endangered by lack of a rule allowing other employees to donate sick leave or annual for use as sick leave, or by lack of a rule establishing a sick-leave pool.
• SUMMARY OF THE PROPOSED RULE: 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 which is not specifically provided for in a statute, but is similar to a program of another local government entity and is within the powers of the School Board under Fla. Stat. § 1012.22(2) (authority to adopt rules concerning annual and sick leave) and Fla. Stat. § 1001.32(2) (home rule authority to “exercise any power except as expressly prohibited by the State Constitution or general law”).  New Section 6 would authorize the Superintendent to establish the sick-leave pool allowed by Fla. Stat. § 1012.61(3)(a)-(i).  (The full text of the proposed emergency amendment is available on the District’s Web site at: www.SchoolBoardPolicies.com/revisions.htm. 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.”)
• REASONS FOR CONCLUDING THAT THE PROCEDURE USED IS FAIR UNDER THE CIRCUMSTANCES: This notice is being published, as soon as possible, in the newspaper and on the District’s Web site and by distribution to the schools to inform the affected persons and the public, and action will be taken at a public meeting with due public notice.
• UPON APPROVAL BY THE BOARD, THIS EMERGENCY RULE (NEW SECTIONS 4, 5, AND 6 OF POLICY 3.80) WILL TAKE EFFECT ON JANUARY 19, 2006 and will remain in effect up to 90 days through April 19, 2006.  Substantially the same amendments will simultaneously be developed and recommended for adoption through the regular rulemaking process, beginning with a first reading anticipated to occur on February 22, 2006.

For Additional Information, contact:

James Hayes, Chief Officer of Human Resources (hayesja@palmbeach.k12.fl.us)

Joseph Moore, Chief Operating Officer

Attachments (list):
Leave of Absence Polcy ER.pdf
Q&ALOA.doc