STATE PERSONNEL SYSTEM

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1 DEPARTMENT OF MANAGEMENT SERVICES DIVISION OF HUMAN RESOURCE MANAGEMENT POLICY GUIDELINE STATE PERSONNEL SYSTEM SUBJECT: Administration of Special Compensatory Leave within the State Personnel System POLICY GUIDELINE: HRM # EFFECTIVE DATE: July 9, 2018 SUPERSEDES: Rule Interpretation 60L #005: Compelling Use of Special Compensatory Leave, Rule Interpretation 60L #001: SES Employees Special Compensatory Leave Provisions, and special compensatory leave memorandums issued on June 29, 2012, October 25, 2012, March 8, 2013, June 26, 2013, June 27, 2013, and March 12, 2015 STATUTES/RULES/REGULATIONS/LAWS: The Family and Medical Leave Act of 1993 (FMLA) Section , Florida Statutes (F.S.), Paid Holidays Section , F.S., Parental or family medical leave Rule 60L , Florida Administrative Code (F.A.C.), General Requirements for Leave Earning, Approval, and Use Rule 60L , F.A.C., Holidays Rule 60L , F.A.C., Administrative Leave Rule 60L , F.A.C., Special Compensatory Leave FORMS: N/A ADDITIONAL REFERENCE MATERIALS: SPS Collective Bargaining Agreements, GC Holiday Special Compensatory Leave, General Policies On Workdays, Work Periods, Work Schedules, and Accommodations for Daylight Saving Time (DST), Emergency Conditions: Administering Essential Services Performed During Facility Closures and Administering Extraordinary Pay, Special Compensatory Leave Provisions by Collective Bargaining Unit, and Special Compensatory Matrix for Payment or Transfer of Leave Among Pay Plans SCOPE AND PURPOSE: The intent of this Policy Guideline is to consolidate into one document a variety of different types of current policy communications that interpret statutory, rule, and collective bargaining agreement (CBA) provisions pertaining to special compensatory leave (SC) and provide the framework for administering these legal requirements. Topics include how SC is accrued, how to minimize SC leave liabilities, SC payment requirements, People First functionality and reporting, and the administration of SC provisions in various CBAs. DEFINITIONS: Hours Type Leave SC Pre July 2012 The People First hours type in which all SC hours were accrued prior to July 1, 2012 for either holiday work or working during facility closures by

2 eligible State Personnel System (SPS) employees. Additionally, Selected Exempt Service (SES) employees below the level of bureau chief accrue SC leave in this hours type for performing essential services during facility closures. For Law Enforcement (LE), Florida Highway Patrol (FHP), Special Agent (SA), and non-unit Career Service employees (including Career Service comparable employees in Pay Plan 07), SC accruals in Hour Types 0091 and 0094 are manually moved to this hours type as provided in the Procedure section below. Hours Type Leave SC Holiday Effective May 1, 2018, all SC hours accrued by Career Service employees during holiday work periods associated with the holidays authorized in section (1), F.S., accrue in Hours Type 0091 (replaced SC accruals in Hours Type 0092 for May through October). Pursuant to current functionality in People First, the period that Career Service employees have for using these SC credits under Hours Type 0091 is from the day after it was accrued in People First until the end of the six-month period in which the accrual occurred (either May through October or November through April). Hours Type Leave SC Closures All SC hours accrued for essential services performed during facility closures accrue in Hours Type 0094 (SES employees are the exception as noted above in the definition of Hours Type 0055). Due to the uniqueness of potential expiration dates, as described in the Procedure section below, People First does not automatically reduce these unused balances to zero. Therefore, manual payments or adjustments by the agency are required if the SC is paid, forfeited, or moved to Hours Type 0055 in accordance with the Procedure section below. Hours Type Leave SC Holiday CO Effective May 1, 2018, Hours Type 0096 is the carry over leave type (replaced Hours Type 0093) that agencies use to manually transfer all unused SC hours from Hours Type 0091 when such SC hours forfeit on April 30 or October 31, respectively. Balance adjustments to credit SC to Hours Type 0096 are effective May 1 or November 1. The last day that Career Service employees have for using Hours Type 0091 credits that transferred to Hours Type 0096 is April 29 (April 28 during a leap year) or October 27. Hours Type 0096 is only used when a carry over is justified by the agency for 180 calendar days in accordance with a CBA that includes SC forfeiture provisions. Hours Type Work-ESS SVC/OFC Closures The hours type in People First used to record hours of work when an eligible employee (see SC Accruals in the Policy section below) is directed, assigned, or required to perform essential services during a period when the employee s regularly assigned facility is closed due to an emergency condition. Work hours recorded under this hours type result in SC accruals in Hours Type 0055 or 0094 on an hour-for-hour basis. Pay As You Go A concept whereby SC earned under certain CBAs becomes payable if unused after the passage of a specified period of time. Use It Or Lose It A concept whereby SC earned under certain CBAs is forfeited if unused after the passage of a specified period of time. Division of Human Resource Management 2

3 POLICY: SC Accruals General SC Accrual Information SC is provided to employees as an additional benefit for working during certain periods and under the conditions provided below. SC accrual rules are not impacted by the provisions of any CBA. SC is accrued at the end of the work period in which the work occurred and is available for use the first day of the next work period in accordance with Rule 60L (5), F.A.C. Work periods are defined in the Policy Guideline on General Policies On Workdays, Work Periods, Work Schedules, and Accommodations for Daylight Saving Time (DST). SC accrues in different hour types so People First can facilitate the different accrual and use periods provided in CBAs with Pay As You Go or forfeiture provisions. The SC accrual and use periods are also provided in the Procedures section below. Additionally, utilizing different hour types for SC accruals facilitates the hierarchy of SC use described below. Holiday Work Periods In accordance with Rule 60L , F.A.C., a Career Service employee earns SC for work performed during a work period that includes a holiday as defined in section (1), F.S. This leave is accrued as Hours Type Leave-SC Holiday. Rule 60L , F.A.C., determines the amount of holiday credits an employee will earn, which is impacted by the employee s work schedule, days off, and full-time equivalence (see rule citation below for additional details). In accordance with the rule, Career Service employees accrue SC on an hour-for-hour basis for those hours worked that are not necessary to bring the employee s rate of pay up to the normal rate of pay for a work period in which holiday credits occur. In accordance with Rule 60L , F.A.C., SES and Senior Management Service (SMS) employees are not eligible to earn SC for hours worked during a holiday work period, regardless of included or excluded status. The granting of SC when an employee s full observance of a holiday is impacted by hours worked on the holiday or additional hours worked in the work period containing a holiday is a state rule specific to the Career Service only. Facility Closure Work Periods In accordance with Rule 60L (3)(e), F.A.C., if a Career Service or an SES employee who holds a position below that of bureau chief or bureau chief comparable is required by the agency to perform essential services during a period in which the employee s assigned facility is closed, the employee shall earn SC on an hour-for-hour basis for the hours worked during the closure. The SC is earned regardless of whether the work is performed at the employee s assigned facility or an alternate location which could be opened or closed during the emergency. For more information on closed facilities, see the Policy Guideline on Emergency Conditions: Administering Essential Services Performed During Facility Closures and Administering Extraordinary Pay. All required hours worked during a facility closure are recorded under Hours Type Work- ESS SVC/OFC Closures on the People First timesheet for the duration of the closure, regardless of whether the hours were worked during the employee s regular work schedule. Once the timesheet for the work period is approved, a Career Service employee will accrue SC in Hours Type Leave SC Closures and an SES employee will accrue SC in Hours Type Leave SC Pre July Division of Human Resource Management 3

4 Offsetting Extra Hours Worked With Leave During a Holiday Work Period When practicable, supervisors should make reasonable efforts to schedule time off during holiday work periods in which extra hours were worked so that generating SC accruals in Hours Type Leave SC Holiday and the associated leave liabilities can be avoided. This process is known as offsetting. It is recommended that offsetting only occur after employees have worked the extra hours. Offsetting in anticipation of extra hours worked later on in the work period could result in employees having to use their personal accrued leave if, for whatever reason, the situation changes and the extra hours are not worked. Supervisors should consider staffing needs and approved leave requests before avoiding SC accruals through offsetting. In certain situations, such as extra hours worked at the end of the work period, offsetting may not be an option. Substitution of SC and the Hierarchy of SC Use in People First Rule 60L (3), F.A.C., authorizes an agency to require a Career Service, SES, or SMS employee to use accrued SC before approving an employee s request for annual leave or regular compensatory leave, unless otherwise provided by a CBA. This process of switching annual leave or regular compensatory leave used to SC is known as substitution. Aside from the exceptions noted below, agencies are expected to exercise their authority under Rule 60L (3), F.A.C., to substitute SC for approved annual leave and regular compensatory leave requested by all employees in the Career Service, SES, and SMS. This approach provides for orderly and significant reduction of such leave credits and liabilities. In order to facilitate the substitution of SC, when a Career Service employee (except for members of the LE, FHP, and SA collective bargaining units - see special rules below) accrues SC, People First compels the employee to use the SC prior to using annual leave or regular compensatory leave. The hierarchy for substituting SC before annual leave or regular compensatory leave in People First is as follows: SC Hours Type Leave SC Holiday CO SC Hours Type Leave SC Holiday SC Hours Type Leave SC Closures SC Hours Type Leave SC Pre July 2012 Exception to Substitution The agency may not require substitution of SC for an employee s request to use annual leave in accordance with the federal FMLA, or section (2)(c), F.S., of the Family Supportive Work Program (FSWP), or both. In specific instances where a Career Service employee (excluding an employee in an LE, FHP, or SA unit position) requests to use annual leave under the FMLA and/or FSWP, the timesheet is to be approved with SC based on the hierarchy above, and the agency must then perform leave balance adjustments. These adjustments are to credit the SC back to the employee and deduct the annual leave. Comments on the Leave Balance Adjustments screen and timesheet should indicate the annual leave was used in lieu of SC for FMLA and/or FSWP. Division of Human Resource Management 4

5 Compelled Use of SC Rule 60L (3), F.A.C., authorizes an agency, upon reasonable notice, to compel the use of all Career Service, SES, and SMS employees accumulated SC based on agency needs, provided the compelled use is consistent with the provisions of applicable CBAs. Agencies are expected to aggressively use their authorities in the rule and applicable CBAs to schedule the use of all SC as promptly and as often as is practicable (see special rules below for LE, FHP, and SA CBAs). Limitation to Substitution and Compelled Use for LE, FHP, and SA CBAs The LE, FHP, and SA CBAs contain certain limits on the substitution of SC. An employee in one of these units who has an SC Hours Type Leave SC Pre July 2012 balance in excess of 240 hours shall be required to use a minimum of 120 hours of SC each calendar year or the amount necessary to bring the employee s balance down to 240 hours, whichever is less, prior to using any annual leave (aka, the 120-hour provision). The amount of SC an employee must use per calendar year to meet the 120-hour provision is to be solely based on SC balances in Hours Type 0055 as of January 1 each year. Agencies must move SC accrued under Hour Types Leave SC Holiday and Leave SC Closures to Hours Type 0055 in accordance with the timeframes provided in the Procedure section below. If the employee does not request enough time off (including substitution when annual leave is requested) to comply with the 120-hour provision, the agency shall schedule (compel) leave for employees to ensure the requirements above are met. Agencies are not authorized to grant any exceptions and are responsible for the continuous enforcement of the 120-hour provision. Another provision in these CBAs prohibits compelled use of SC for the first 60 calendar days after the leave is accrued in Hour Types 0091 and However, if the employee requests to use annual leave, these leave credits may be substituted with SC (instead of being compelled to use SC), even if the 60-day period has not expired. If the unit employee fails to use the newly earned SC during the 60-day period, the supervisor shall schedule the employee to use the leave. Agencies shall enforce the 60-day provision independently before, during, and after the 120 hours of Hours Type 0055 are used. Agencies are not authorized to grant any exceptions and are responsible for the continuous enforcement of the 60-day provision. SC Pay As You Go Once accrued, SC that is subject to Pay As You Go provisions is compensable if an employee is unable to use it. Unused SC becomes Expired in People First at the end of the appropriate accrual and use period and is unavailable to use at a later date. SC payments for the expired balances are administered in accordance with the timeframes provided in the Procedure section below. Furthermore, this SC is compensable if an employee separates, is laid off (Career Service only), enters the Deferred Retirement Option Program (DROP), changes pay plans, or changes agencies during the accrual and use period. CBAs with Pay As You Go provisions are identified in the Special Compensatory Leave Provisions by Collective Bargaining Unit matrix (aka, the CBU matrix). SC Forfeiture Once accrued, SC that is subject to forfeiture provisions is not compensable if an employee is unable to use it. Unused SC becomes Expired in People First at the end of the appropriate accrual and use period and 180-day carry over period (if applicable) and is unavailable to use at Division of Human Resource Management 5

6 a later date. SC forfeitures are administered in accordance with the timeframes provided in the Procedure section below. Furthermore, this SC is not compensable if an employee separates, is laid off (Career Service only), enters DROP, changes pay plans, or changes agencies during the accrual and use period or the carry over period. CBAs with forfeiture provisions are identified in the CBU matrix. Personnel Actions that Require the Payment of SC In accordance with Rule 60L , F.A.C., when an employee separates or is laid off (Career Service only), the agency shall pay the employee for unused SC if eligible under the appropriate CBA. Additionally, when an employee transfers to another agency or pay plan, the agency shall pay an eligible employee for unused SC. SC does not transfer from one agency to another or one pay plan to another. Additionally, an eligible employee who enters DROP may be paid for SC accrued in the last 11-months (see below for more details). Eligibility for the above-mentioned SC payments is dependent on the provisions of the employee s CBA (e.g., SC accrued while an employee is covered by a CBA with SC forfeiture provisions is not eligible for payment and the leave is forfeited upon separation or transfer to another agency or pay plan). If contract provisions do not specifically address payments of SC, Rules 60L and 60L , F.A.C., determine eligibility for payments. See the CBU matrix to determine what SC balances are payable, have limits on how much is payable, or are periodically forfeited by the employee in accordance with the applicable CBA. All employees are eligible for payment of SC in Hours Type Leave SC Pre July 2012 when they separate, are laid off (Career Service only), or transfer to another agency or pay plan. See the Special Compensatory Matrix for Payment or Transfer of Leave Among Pay Plans for a summary of pay plan changes and employee movements that result in payments or transfers of SC. SC balances that are eligible for payment under the rule or the employee s CBA are at the employee s current regular hourly rate of pay. SC payments made through the Leave Payout screen automatically reduce leave balances and do not require adjustments. Payments made by any other method do require leave balance adjustments or a mass load to reduce leave balances. Reporting SC Payments and the 11-Month Accrual Consistent with Florida Retirement System reporting requirements and Rule 60L (5), F.A.C., all terminal payments for SC accrued in the last 11 months and on-going SC leave payments made as a result of Pay As You Go provisions are considered reportable income towards a pension plan employee s retirement. All SC payments made through the Leave Payout screen for Hours Type Leave SC Holiday, Hours Type Leave SC Closures, and Hours Type Leave SC Holiday CO are automatically reported to the Department of Management Services Division of Retirement as income for the purpose of determining a pension plan employee s Average Final Compensation (AFC). Any terminal payments for SC accrued in the last 11-months must be certified on the FC-1, Salary Certification form when a pension plan employee retires or enters into DROP. For an employee covered by a CBA with Pay As You Go provisions, the 11-month accrual certified on the FC-1 shall not be reduced by SC included in payments made prior to the retirement or DROP entry date. The Division of Retirement will compare SC payments reported in People First with the 11- month accrual certified on the FC-1 and determine the employee s appropriate AFC. Division of Human Resource Management 6

7 PROCEDURE: Using SC Hours Type Leave SC Holiday During the Six-Month Accrual and Use Periods People First Functionality Effective May 1, 2018, using SC under Hours Type 0091 is restricted to the six-month period (either May through October or November through April) in which the leave was accrued utilizing a new method in People First. On April 30 and October 31, unused SC in Hours Type 0091 shows as Expired on the Leave Balance Overview screen. Career Service employees are able to use Hours Type 0091 during the six-month accrual and use period, even if they are completing the timesheets for the applicable period after it has ended (after April or October). People First no longer limits how long employees can retroactively submit SC used on timesheets that fall in the six-month accrual and use period. However, if agencies manually reduce the SC balances to zero through leave balance adjustments, leave payments through the Leave Payout screen, or mass load, employees are unable to use the SC during the applicable six-month period. Note: For CBAs with forfeiture provisions, the term Expired represents the unused hours that have forfeited if the agency does not carry over the leave balance to Hours Type Leave SC Holiday CO. Using SC Hours Type Leave SC Holiday CO During the 180-Day Carry Over Periods People First Functionality Effective May 1, 2018, using SC under Hours Type 0096 is restricted to the 180-day periods identified in its definition above by utilizing a new method in People First. At the end of the 180- day periods, unused SC in Hours Type 0096 shows as Expired on the Leave Balance Overview screen in People First. (For the CBAs with forfeiture provisions that necessitate a carry over leave type, the term Expired represents the unused hours that have forfeited at the end of the 180- day period.) Career Service employees are able to use Hours Type 0096 during the applicable 180-day period, even if they are completing the timesheets for the period after it has ended. The functionality change in People First allows employees to indefinitely submit SC used retroactively on timesheets that fall in the 180-day period. However, if agencies manually reduce the SC balances to zero through leave balance adjustments or mass load, employees are unable to use the SC during the applicable 180-day period. Note: If, due to a necessary correction of an error, Hours Type 0096 is credited to an employee after the standard effective dates of May 1 and November 1, using the SC is still restricted by People First to the 180-day periods identified in the Definitions section above. Leave is now available for use on the effective date (i.e., May 1 and November 1) it is credited via leave balance adjustment or mass load so adjustments are no longer processed effective the day before employees can use it (i.e., April 30 and October 31). Identifying and Auditing SC Balances in People First Human resource staff and agency managers are able to run the Special Compensatory Leave Audit Report in People First. The report may be run for the SC holiday Hour Types Leave SC Holiday and Leave SC Holiday CO or it may be run for Hours Type Leave SC Closures. The report may be filtered by setting a Start Date for transactions captured on the report or it may be filtered to just show the Balance As Of a certain date (e.g., 120 days following the work period in which Hours Type 0094 was accrued and April 30 or October 31 for Hours Type 0091). Fields on the report include the employee s name, Appointment ID, CBU (collective Division of Human Resource Management 7

8 bargaining unit), Hours Type, Transaction Type (i.e., balance, accrual, adjustment, or used), number of hours in the transaction, SC balance (as of the effective date for that row of the report), and the date the hours will expire in People First. Errors Resulting from Unapproved Timesheets Whenever it is necessary to unapprove past timesheets in People First which have caused an accrual of SC in Hour Types 0091 or 0094 (see SC Accruals in the Policy section above), the action could impact available leave balances for the remaining approved timesheets. The resulting impacts that may occur include negative SC leave balances (due to the removed SC accruals when the leave has been used at a later date) or insufficient leave balance messages when the employee attempts to reenter the unapproved timesheets. Additionally, retroactive payments may be triggered and agencies must take appropriate measures to ensure the accuracy of those payments. Administration of SC Pay As You Go CBA Provisions CBAs with SC Pay As You Go provisions are identified in the CBU matrix. Bargaining unit employees with Pay As You Go provisions accrue SC in Hours Type Leave SC Holiday for working excess hours in a work period that includes a holiday and Hours Type Leave SC Closures for providing essential services during a facility closure. For more detailed information about accruals, see SC Accruals in the Policy section above. In an effort to properly manage SC leave liabilities, agencies are expected to offset accruals, substitute SC, and compel its use in accordance with the Policy section above. The substitution hierarchy for SC use is activated in People First for unit employees with Pay As You Go provisions. In accordance with Pay As You Go provisions, SC hours accrued in Hour Types 0091 and 0094 are not eligible for 180-day extensions of the leave use periods. In the event that a Pay As You Go unit employee in the Career Service accrued SC from a previous position in a Career Service unit under forfeiture provisions, law enforcement provisions (LE, FHP, or SA CBA), or as a non-unit Career Service employee, those SC hours shall be administered in accordance with the provisions in this document that apply to the previous position. Administering the Payment of Hours Type Leave SC Holiday If SC hours accrued in Hours Type 0091 are not used by the end of the six-month use period in which the SC was accrued (either May through October or November through April), the balance shall be paid to the employee. Eligible payments are made in accordance with the payment provisions provided in the Policy section above. Administering the Payment of Hours Type Leave SC Closures If SC hours accrued in Hours Type 0094 are not used within 120 days following the work period in which the SC was accrued, the balance shall be paid to the employee. Eligible payments are made in accordance with the payment provisions provided in the Policy section above. Once the agency has determined that timesheets are complete for the 120-day period that ends on the applicable deadline to use SC, it must ensure SC hours in Hours Type 0094 were not used between the effective date of the payment (the deadline to use SC) and the date the payment is actually processed. Division of Human Resource Management 8

9 Administration of SC Forfeiture (Use It Or Lose It) CBA Provisions Certain CBAs include provisions whereby employees who accrue SC are given a defined period to use the leave; if not used, the leave is forfeited and no longer available for use. Furthermore, SC accrued while an employee is covered by forfeiture provisions is never eligible for payment. CBAs with SC forfeiture provisions are identified in the CBU matrix. Bargaining unit employees with forfeiture provisions accrue SC in Hours Type Leave SC Holiday for working excess hours in a work period that includes a holiday and Hours Type Leave SC Closures for providing essential services during a facility closure. For more detailed information about accruals, see SC Accruals in the Policy section above. In an effort to properly manage SC leave liabilities, agencies are expected to offset accruals, substitute SC, and compel its use in accordance with the Policy section above. The substitution hierarchy for SC use is activated in People First for unit employees with forfeiture provisions. In the event that a Use It Or Lose It unit employee in the Career Service accrued SC from a previous position in a Career Service unit under Pay As You Go provisions, law enforcement provisions (LE, FHP, or SA CBA), or as a non-unit Career Service employee, those SC hours shall be administered in accordance with the provisions in this document that apply to the previous position. Administering the Carry Over from Hours Type Leave SC Holiday to Hours Type Leave SC Holiday CO If SC hours accrued in Hours Type 0091 are not used by the end of the initial six-month period in which the SC was accrued, the balances may be moved manually by the agency to Hours Type 0096 for an additional 180 calendar days if justified in accordance with the applicable CBA. The six-month accrual and use period and the 180-day extension period are provided in the definitions above for Hour Types 0091 and Note: If a 180-day extension is justified, manual leave balance adjustments or mass loads to reduce Hours Type 0091 should be made effective April 30 or October 31. The corresponding credits to Hours Type 0096 should be made effective May 1 or November 1. If an extension is not justified, no adjustment to Hours Type 0091 is required (see Using SC Hours Type Leave SC Holiday During the Six-Month Accrual and Use Periods People First Functionality section above for more details). Administering the Extension of Hours Type 0094 (Leave SC Closures) SC hours accrued in Hours Type 0094 must be forfeited 120 calendar days after the end of the work period in which the SC was accrued unless the agency can justify extending the leave use period by 180 calendar days in accordance with the applicable CBA. Note: SC hours in Hours Type 0094 that are not used by the end of the 120-day leave use period (120 calendar days after the end of the work period in which the SC was accrued) or after the 180-day extension period (if applicable) do not automatically expire in People First and require manual leave balance adjustments or a mass load by the agency to reduce balances to zero. Negative leave balance adjustments and mass loads for Hours Type 0094 must be given effective dates that fall within the current pay period in which they are processed. Once the agency has determined that timesheets are complete for the applicable forfeiture deadline, i.e., the 120-day period and the 180-day extension period (if applicable), it must ensure SC hours in Hours Type Division of Human Resource Management 9

10 0094 were not used between the effective date used to reduce SC balances to zero (the forfeiture deadline) and the date the forfeiture is actually processed. Administration of SC for LE, FHP, and SA CBA Provisions LE, FHP, and SA bargaining unit employees accrue SC in Hours Type Leave SC Holiday for working excess hours in a work period that includes a holiday and Hours Type Leave SC Closures for providing essential services during a facility closure. For more detailed information about accruals, see SC Accruals in the Policy section above. In an effort to properly manage SC leave liabilities, agencies are expected to offset accruals, substitute SC, and compel its use in accordance with the limitations provided in Policy section above for unit employees. Due to limitations on the amount of SC Hours Type Leave SC Pre July 2012 that must be used each calendar year, the hierarchy for substituting SC is not activated in People First for LE, FHP, and SA unit employees. See the CBU matrix to determine if a unit employee s SC is payable including any payment caps. Eligible payments are made in accordance with the Policy section above. In the event that a unit employee in the Career Service accrued SC from a previous position in a Career Service unit under Pay As You Go provisions, forfeiture provisions, or as a non-unit Career Service employee, those SC hours shall be administered in accordance with the provisions in this document that apply to the previous position. Moving SC Balances in Hour Types Leave SC Holiday and Leave SC Closures to Hours Type Leave SC Pre July 2012 LE, FHP, and SA bargaining unit employees are not eligible for recurring SC payments under Pay As You Go and do not forfeit SC because these provisions are only found in other CBAs. When these unit employees accrue SC in Hour Types 0091 or 0094, the unused balances must be manually moved to Hours Type SC balances that expire in People First under Hours Type 0091 are moved to Hours Type 0055 so the SC will continue to be available for use by unit employees. Additionally, moving hours accrued under Hour Types 0091 and 0094 to Hours Type 0055 enables agencies to appropriately manage SC liabilities including the 120-hour provision provided in the Policy section above, which applies to SC balances in Hours Type SC hours accrued in Hours Type 0091 expire in People First on April 30 or October 31, so a leave balance adjustment is required to reduce the balance to zero effective on these dates (unless the agency elects to move the balance earlier as discussed in the subsection titled, Administering the 60-Day Period). After the reduction to Hours Type 0091, SC hours must be credited to Hours Type 0055 effective May 1 or November 1. Deleting the balance in Hours Type 0091 will prohibit the employee from using the SC retroactively for the initial six-month accrual and use period in addition to using these same hours at a later date under Hours Type SC hours accrued in Hours Type 0094 do not automatically expire in People First and require manual adjustments by the agency in a timely manner (see timing below under Administering the 60-Day Period) to reduce balances to zero and credit the SC to Hours Type Negative leave balance adjustments and mass loads for Hours Type 0094 must be given effective dates that fall within the current pay period in which they are processed. Note: Since LE, FHP, and SA CBA provisions do not allow unit employees hired after July 1, 2013 (July 1, 2011 for FHP) to accrue more than 240 hours of SC, any leave balance adjustment or Division of Human Resource Management 10

11 mass load that moves SC to Hours Type 0055 for these employees must ensure that the 240- hour cap is not exceeded. Agencies are not authorized to grant any exceptions and are responsible for the continuous enforcement of these 240-hour caps. Administering the 120-Hour SC Use Requirement Agencies must manually enforce substitution of SC to comply with the provision provided in the CBAs and the Policy section above that requires LE, FHP, and SA unit employees with more than 240 hours of accrued SC to use up to 120 hours prior to using annual leave. One method of enforcing the substitution requirement above is to instruct managers of these unit employees to monitor the leave requests of these direct reports to ensure that SC is used when applicable. It is recommended that the agency notify the chain of command monthly using a report to assist in enforcing substitution. The report could include employee names, supervisor names, SC balances over 240 hours under Hours Type 0055, annual leave used during the calendar year, and SC Hours Type 0055 used during the calendar year. It is recommended that the human resource office correct and reapprove timesheets if annual leave is used prior to 120 hours of Hours Type 0055 (or the amount needed to reach 240 hours). Then, notify the employee and the supervisor in writing that the timesheet was changed. Administering the 60-Day Period There is a 60-day period in which supervisors are prohibited from compelling the use of newly accrued SC (see Limitation to Substitution and Compelled Use for LE, FHP, and SA CBAs in the Policy section above for more details). One possible method of identifying newly accrued SC and administering this provision is for agencies to set the effective dates to 60 days after the SC was accrued for balance adjustments that move SC from Hour Types 0091 and 0094 to Hours Type This method will assist supervisors in distinguishing what SC (Hour Types 0091 and 0094) they are prohibited from compelling unit employees to use during the 60-day period. As stated above, agencies may alternatively align the movement of SC from Hours Type 0091 to Hours Type 0055 with the six-month expiration dates in People First. If balance adjustments are aligned with the expiration dates in People First, supervisors can monitor the 60-day period by looking at the dates the SC was accrued on the subordinate s Leave Balance Overview screen. Moving SC from Hours Type 0094 to Hours Type 0055 must, at a minimum, occur during the calendar year in which it was accrued, regardless of whether the accrual occurred in the last 60 days of the year. These adjustments to reduce Hour Types 0091 and 0094 and credit Hours Type 0055 facilitate administering the 120-hour provision and the timely reduction in leave liabilities. Administration of SC for Non-Unit Career Service Employees Career Service employees who are not in a collective bargaining unit (including Career Service comparable employees in Pay Plan 07) accrue SC in Hours Type Leave SC Holiday for working excess hours in a work period that includes a holiday and Hours Type Leave SC Closures for providing essential services during a facility closure. For more detailed information about accruals, see SC Accruals in the Policy section above. In an effort to properly manage SC leave liabilities, agencies are expected to offset accruals, substitute SC, and compel its use in accordance with the Policy section above. The substitution hierarchy for SC use is activated in People First for non-unit Career Service employees. See the CBU matrix to determine if a non-unit Career Service employee s SC is payable or has Division of Human Resource Management 11

12 any limitations to the payment. Eligible payments are made in accordance with the Policy section above. In the event that a non-unit Career Service employee accrued SC from a previous position in a Career Service unit under Pay As You Go provisions, law enforcement provisions (LE, FHP, or SA CBA), or forfeiture provisions, those SC hours shall be administered in accordance with the provisions in this document that apply to the previous position. Moving SC Balances in Hour Types Leave SC Holiday and Leave SC Closures to Hours Type Leave SC Pre July 2012 Non-unit Career Service employees are not eligible for recurring SC payments under Pay As You Go and do not forfeit SC because these provisions are only found in certain CBAs. When a nonunit Career Service employee accrues SC in Hour Types 0091 or 0094, the unused balance must be manually moved to Hours Type SC hours accrued in Hours Type 0091 expire in People First on April 30 or October 31, so a leave balance adjustment is required to reduce the balance to zero effective on these dates (unless the agency elects to move the balance earlier). The reduction to Hours Type 0091 will prohibit the employee from using the SC during the initial six-month accrual and use period in addition to using these same hours at a later date under Hours Type Then, SC hours should be credited to Hours Type 0055 effective May 1 or November 1. SC hours accrued in Hours Type 0094 do not automatically expire in People First and require manual adjustments by the agency to reduce balances to zero and credit the SC to Hours Type Negative leave balance adjustments and mass loads for Hours Type 0094 must be given effective dates that fall within the current pay period in which they are processed. Note: For administrative ease, it is recommended that agencies align the effective dates for adjustments to Hour Types 0091, 0094, and 0055 for non-unit Career Service employees with the dates they process forfeitures for other employees who are covered by applicable CBAs. Moving SC from Hour Types 0091 and 0094 to Hours Type 0055 helps to minimize errors when non-unit Career Service employees are mistakenly assumed to fall under a CBA with Pay As You Go, forfeiture, or one of the law enforcement agreement s provisions. Administration of SC for SES and SMS Employees SES employees at or above the bureau chief or bureau chief comparable level and SMS employees are not eligible to accrue SC. SES employees below bureau chief or bureau chief comparable may only accrue SC in Hours Type Leave SC Pre July 2012 for providing essential services during a facility closure. For more detailed information about accruals, see SC Accruals in the Policy section above. In an effort to properly manage SC leave liabilities, agencies are expected to substitute SC and compel its use in accordance with the Policy section above. Substitution of SC in People First is a manual process for SES and SMS employees. Consequently, agencies must enforce the substitution requirement for SES and SMS employees by instructing their managers to monitor the leave requests of their SES and SMS direct reports to ensure that SC is used when applicable. See the CBU matrix to determine if an SES or SMS employee s SC is payable or has any limitations to the payment. Eligible payments are made in accordance with the Policy section above. Division of Human Resource Management 12

13 APPLICABLE STATUTORY AND RULE CITATIONS: The Family and Medical Leave Act of Section , F.S., Paid Holidays (1) The following holidays shall be paid holidays observed by all state branches and agencies: (a) New Year s Day. (b) Birthday of Martin Luther King, Jr., third Monday in January. (c) Memorial Day. (d) Independence Day. (e) Labor Day. (f) Veterans Day, November 11. (g) Thanksgiving Day. (h) Friday after Thanksgiving. (i) Christmas Day. (j) If any of these holidays falls on Saturday, the preceding Friday shall be observed as a holiday. If any of these holidays falls on Sunday, the following Monday shall be observed as a holiday. Section , F.S., Parental or family medical leave (2) The state shall not: (c) Deny a career service employee the use of and payment for annual leave credits for parental or family medical leave. Such leave shall commence on a date determined by the employee in consultation with the attending physician following notification to the employer in writing. Rule 60L , F.A.C., General Requirements for Leave Earning, Approval, and Use (5) The use of paid leave shall not be authorized and taken before the time it is earned. Rule 60L , F.A.C., Holidays (1) All employees are entitled to observe the holidays identified in Section of the F.S.; provided, that to be eligible for holiday pay, an employee must be in pay status (actual work or paid leave) for at least a portion of the workday before the holiday. If an excluded employee in a senior management service position or a selected exempt service position is unable to observe a Division of Human Resource Management 13

14 holiday, the employee may take an alternate day off during the work period; provided, that if the employee is unable to observe the holiday, the employee is not eligible for special compensatory leave as described below. (2) For part-time employees, agencies shall credit a prorated number of holiday hours, based on the number of hours regularly worked during the workweek, using the following formula: (8 Hours x Number of Hours Worked Per Week) / 40 Hours = Hours of Credit for the Holiday (3) For full-time employees, agencies shall credit holidays as follows: (a) If the holiday is observed on the employee s established workday and the employee is not required to work, credit the employee with a holiday equal to the hours in the employee s established workday. However, if the holiday falls on an established workday of less than eight hours, credit the employee with an eight-hour holiday. (b) If the holiday is observed on the employee s established day off, credit the employee with an eight-hour holiday. (c) For career service employees, if the holiday is observed on the employee s established workday and the employee is required to work, credit the employee with special compensatory leave equal to the time worked on the holiday, not to exceed the number of hours in the employee s established workday. However, if the holiday falls on an established workday of less than eight hours, credit the employee with an eight-hour holiday. (4) For career service employees, for any holiday (excluding the personal holiday) observed during the workweek, approved extended work period, or regular work period for excluded employees, agencies shall credit the holiday by granting special compensatory leave credits on an hour-for-hour basis for those hours that are not necessary to bring the employee s rate of pay up to the normal rate of pay for the workweek, approved extended work period, or regular work period for excluded employees Rule 60L , F.A.C., Administrative Leave (3) An agency shall comply with the following provisions when granting administrative leave for the reasons described. (e) Closing facilities under emergency conditions: 1. When offices are closed pursuant to Executive Order of the Governor: a. Employees 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 employees the agency determines are necessary for providing 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(3)(b), F.S.). b. 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. Division of Human Resource Management 14

15 c. 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. Rule 60L , F.A.C., Special Compensatory Leave (1) When an employee separates from an agency, the agency shall pay the employee for unused special compensatory leave credits at the employee s current regular hourly rate of pay, unless otherwise provided in an applicable collective bargaining agreement. (2) Leave credits shall not transfer to another agency or pay plan. Upon the employee s transfer to another agency or pay plan, the agency shall pay the employee for unused special compensatory leave credits at the employee s current regular hourly rate of pay, unless otherwise provided in an applicable collective bargaining agreement. (3) Upon prior notice, an agency may compel the use of all or part of an employee s accumulated special compensatory leave credits based on agency needs, provided such usage requirement is in accordance with any collective bargaining agreement provisions. An agency may also require an employee to use accumulated special compensatory leave credits prior to approving an employee s request to use other types of approved leave, with the exception of sick leave, administrative leave, FLSA compensatory leave and the personal holiday. (4) Unused special compensatory leave credits for a Career Service employee who is laid off shall be paid in lump-sum, based on the employee s current regular hourly rate of pay at the time of layoff, unless otherwise provided in an applicable collective bargaining agreement. (5) At the time of entry into the DROP, an employee electing to participate in the program may request payment of unused special compensatory leave that was earned within eleven months before entry into the DROP, unless otherwise provided in an applicable collective bargaining agreement. PREPARER S INITIALS: JDA/MDG FILE PATH: S:\Workforce\HRM\HRM Policy Communication\Policy Guideline\FINAL Division of Human Resource Management 15