STATE PERSONNEL SYSTEM

Transcription

1 DEPARTMENT OF MANAGEMENT SERVICES DIVISION OF HUMAN RESOURCE MANAGEMENT POLICY GUIDELINE STATE PERSONNEL SYSTEM SUBJECT: Leave Transfers with Entities Outside of the State Personnel System POLICY GUIDELINE: HRM # EFFECTIVE DATE: November 28, 2018 SUPERSEDES: Rule Interpretation 60L #003: Leave Transfers with Entities Outside of the State Personnel System STATUTES/RULES/REGULATIONS/LAWS: Section , Florida Statutes (F.S.), Rules and rulemaking authority Section , F.S., Personnel rules, records, and reports Section , F.S., Attendance and leave; general policies Section , F.S., Transfer of sick leave and annual leave Section , F.S., Terminal payment for accumulated sick leave Section , F.S., Florida College System institution boards of trustees; powers and duties Section , F.S., Powers and duties of the Board of Governors Section , F.S., Public school Personnel; Powers and Duties of the District School Board Rule 60L , Florida Administrative Code (F.A.C.), Annual Leave Rule 60L , F.A.C., Sick Leave FORMS: N/A ADDITIONAL REFERENCE MATERIALS: N/A QUESTION AND ANSWER: Question 1: What governmental entities are State Personnel System (SPS) agencies authorized to transfer unused annual and sick leave credits to and accept these credits from? In accordance with Rule 60L (5), F.A.C., SPS agencies transfer unused annual leave to and from other SPS agencies and other state government employers. Rule 60L (7), F.A.C., authorizes SPS agencies to transfer unused sick leave to and from other SPS agencies and to other state government employers. Pursuant to the Department of Management Services authority provided in sections , (1)(a), and (5), F.S., and in accordance with the longstanding practice to reciprocate with other state government employers, SPS agencies also accept unused sick leave balances from these employers. A complete list of other state government employers is provided in the Policy Guideline on Defining Continuous Service, State Government Creditable Service, and Creditable State

2 Employment for purposes of administering Rule 60L-34, Florida Administrative Code. Additionally, section , F.S., allows specific employees at the Department of Children and Families to, upon their request, transfer annual and sick leave to a school board district. Note: If the other state government employer only accepts a portion of the employee s annual or sick leave balance, please see the Policy Guideline on Waiting Period for the Payment or Transfer of Accrued Leave and Verification of Eligibility for Subsequent Payments for Separating Career Service, Selected Exempt Service, and Senior Management Service Employees for instructions. Furthermore, if a Selected Exempt Service or Senior Management Service employee is transferring to another state government employer, the Program Guidelines for the Senior Management Service (SMS) & Selected Exempt Service (SES) Pro-ration/Payment Instructions for Annual Leave, contain specific instructions regarding the proration of annual leave. Question 2: Florida College System institutions (formerly known as the Florida Community College System) and school board districts have separate authority to allow for the transfer of unused annual and sick leave credits from state agencies. Does the SPS allow such transfers? No. The SPS does not transfer unused annual and sick leave credits to or accept these credits from Florida College System institutions or school board districts. Chapter 60L-34, F.A.C., addresses annual and sick leave transfers between positions within the SPS, annual leave transfers to and from positions outside of the SPS, and sick leave transfers to other state government employers. In all cases, state government employers outside of the SPS were intended to be those agencies which, like the agencies of the SPS, also pay their employees via state warrant (i.e., through the Bureau of State Payrolls) and, with respect to sick leave, are also governed by the provisions of section , F.S. Although the Division of Human Resource Management is aware that Florida College System institutions and school board districts have the authority to adopt policies that allow them to accept leave from state government entities, the rules of the SPS do not provide for a reciprocal policy. Furthermore, since agencies such as Lottery, Justice Administrative Commission, State Courts, the State Board of Administration, and the Legislature do not fall under our purview, their authority to allow transfers to or from colleges and school board districts is separate and has no bearing on the SPS rules in this area. From the perspective of the colleges and school board districts, if their recruitment objectives are met by granting former SPS employees any credit for leave forfeited upon separation from an SPS agency, their decision to do so does not constitute a transfer of leave. This is because there is no official journal transfer or other financial transaction involved; it is solely a discretionary action on the part of the new employer. Also, once an SPS agency has paid any employee for all eligible accrued annual or sick leave, any remaining balance is forfeited pursuant to the rules of the SPS. Therefore, if an SPS agency is asked for certification of the employee s leave balance, the amount to certify will be zero. Division of Human Resource Management 2

3 Question 3: Certain cities and counties allow for the transfer of unused annual and sick leave credits to and from state agencies. Does the SPS allow such transfers? No. The SPS rules do not authorize leave transfers to or from cities or counties. The actual rule previously governing transfers with political subunits of the state only authorized the transfer of sick leave from city or county governmental authorities [60K-5.030(4)(e), F.A.C. Repealed 01/01/02]. The provision did not authorize the transfer of sick leave to cities or counties. This provision is no longer in rule. If an SPS agency is asked for certification of the leave balances by a city or county, just as stated above in Question 2, the amount to certify will be zero. Question 4: Why does the SPS permit the transfer of unused annual and sick leave credits to and from state universities? The current SPS rule language governing leave transfers was developed during a period of time when the state universities still had statutory status as state agencies and were subject to uniform State University System rules. At that time, the leave transfer policies between universities and other state agencies were relatively uniform. Effective January 7, 2003, Chapter , Laws of Florida, created a board of trustees at each university and granted each of these boards all the powers of a body corporate, to mirror the governance structure of community colleges (now referred to as colleges or state colleges in the Florida College System). Consequently, state universities now operate as separate employers with devolved authority; they no longer pay their employees via state warrant through the State Payroll System and they no longer administer sick leave subject to the provisions of section , F.S. Nonetheless, on the basis of the SPS policy decision that was communicated to the universities on May 5, 2003 (see excerpts below), the state universities continue to be treated as state agencies for the purposes of transferring annual and sick leave to and from SPS agencies. The language in the current rule is not sufficient to support a change in this practice for the time being. Therefore, SPS agencies should continue to accept leave transfers on behalf of employees moving directly from a leave accruing position at a state university, and vice versa. In addition, service with a state university will continue to be treated as state service for purposes of calculating the Creditable Service Months used for accrual of annual leave credits by Career Service employees and used to determine eligibility for payment of terminal sick leave. Note: For additional information on calculating the annual leave accrual rate and on calculating creditable state employment to determine eligibility for payment of terminal sick leave, please see the Policy Guideline on Defining Continuous Service, State Government Creditable Service, and Creditable State Employment for purposes of administering Rule 60L-34, Florida Administrative Code. These policies will be re-addressed at such time as the SPS revises its attendance and leave rules. Division of Human Resource Management 3

4 APPLICABLE STATUTORY AND RULE CITATIONS: Section , F.S., Rules and rulemaking authority The Department of Management Services shall have authority to adopt rules as necessary to effectuate the provisions of this chapter. Section , F.S., Personnel rules, records, and reports (1)(a) The department, in consultation with agencies that must comply with these rules, shall develop uniform personnel rules, guidelines, records, and reports relating to employees and positions in the career service. Agencies must comply with the uniform rules, except as provided in this section. The department may adopt rules that provide alternative requirements. Upon filing with the Department of State, the appropriate uniform rules will constitute the personnel rules for each agency subject to this act unless the Administration Commission grants an exception to a specific rule to an agency upon the agency s request or unless the agency must comply with a statutory provision that conflicts with the uniform rules. If an agency must comply with a statutory provision that conflicts with the uniform rules, the agency must notify the Administration Commission, the Administrative Procedures Committee, and the appropriate standing committees of the Legislature and advise the standing committees whether the agency recommends revision of the statute to conform it to the uniform rules. Agencies are encouraged to propose methods of conforming statutory provisions to the uniform personnel rules. Section , F.S., Attendance and leave; general policies (5) Rules shall be adopted by the department in cooperation and consultation with the agencies to implement the provisions of this section; however, such rules must be approved by the Administration Commission prior to their adoption. Such rules must provide for, but need not be limited to: (e) Annual leave provisions. (f) Sick leave provisions. Section , F.S., Transfer of sick leave and annual leave In implementing the provisions of ss (1)(d) and (4)(m), educational personnel in Department of Children and Families residential care facilities who are employed by a district school board may request, and the district school board shall accept, a lump-sum transfer of accumulated sick leave for such personnel to the maximum allowed by policies of the district school board, notwithstanding the provisions of s Educational personnel in Department of Children and Families residential care facilities who are employed by a district school board under the provisions of s (1)(d) may request, and the district school board shall accept, a lump-sum transfer of accumulated annual leave for each person employed by the district school board in a position in the district eligible to accrue vacation leave under policies of the district school board. Division of Human Resource Management 4

5 Section , F.S., Terminal payment for accumulated sick leave (1) All state branches, departments, and agencies which have the authority to establish or approve personnel policies for employees and to employ personnel and establish the conditions of their employment shall establish policies to provide terminal incentive pay for accumulated and unused sick leave to each employee upon normal or regular retirement for reason other than disability or upon termination of employment, or to the employee s beneficiary if service is terminated by death, provided such retirement, termination, or death occurs after 10 years of creditable state employment. Section (4), F.S., Florida College System institution boards of trustees; powers and duties (b) Each board of trustees is specifically authorized to adopt rules, procedures, and policies, consistent with law and rules of the State Board of Education, related to its mission and responsibilities as set forth in s , its governance, personnel, budget and finance, administration, programs, curriculum and instruction, buildings and grounds, travel and purchasing, technology, students, contracts and grants, or college property. Section , F.S., Powers and duties of the Board of Governors (6) POWERS AND DUTIES RELATING TO PERSONNEL (a) The Board of Governors, or the board s designee, shall establish the personnel program for all employees of a state university. The Board of Governors shall confirm the presidential selection and reappointment by a university board of trustees as a means of acknowledging that system cooperation is expected. Section , F.S., Public school personnel; powers and duties of the district school board The district school board shall: (2) Adopt policies relating to personnel leave as follows: (a) Annual leave. The district school board may adopt rules that provide for the earning of annual leave by employees, including educational support employees, who are employed for 12 calendar months a year. (b) Sick leave. The district school board may adopt rules relating to sick leave, in accordance with the provisions of this chapter. Rule 60L (5), F.A.C., Annual Leave (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. Division of Human Resource Management 5

6 (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 (6), F.A.C. For either transfer or payment, current year credits shall be prorated. Rule 60L , F.A.C., Sick Leave (7) The following provisions govern the retention and transfer of sick leave credits. (a) Credits shall be transferred within the State Personnel System, and may be transferred to another state government employer, depending upon whether the receiving plan accepts the employee s leave credits. If the receiving employer does not accept the credits, the employee shall be paid for the credits if eligible under Section (1), F.S.; otherwise, the credits shall expire. Excerpts from May 5, to state universities from Cheri L. Harper, former director of Division of Human Resource Management, Department of Management Services: Will annual and sick leave credits be allowed to transfer into the State Personnel System? Response: Yes. Status quo Rules 60L (5)(a), Annual Leave, and 60L (7)(a), Sick Leave, Florida Administrative Code, permit State agencies to continue accepting unpaid annual and sick leave from universities. Will employees of the State Personnel System be allowed to transfer out sick and annual leave credits, if university accepts? Response: Yes. Status quo Rules 60L (5)(c), Annual Leave, and 60L (7)(a), Sick Leave, Florida Administrative Code, permit State agencies to continue transferring unpaid annual and sick leave to universities, provided the university accepts the leave. Will university service cease to count toward state service for determining rate of annual leave accrual or attainment of ten years for terminal payment of sick leave? Response: No. Status quo Employment with a state university will continue to be considered state service in accordance with Rule 60L (2)(a), Annual Leave, Florida Administrative Code. PREPARER S INITIALS: JDA/MDG FILE PATH: S:\Workforce\HRM\HRM Policy Communication\Policy Guideline\FINAL Division of Human Resource Management 6