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Sick Leave Pool and Sick Leave Transfer Plan

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					State of Florida                                       DEP 433
Department of Environmental Protection                 Effective: January 10, 2011
Administrative Directive                               Approved by the Secretary


             SICK LEAVE POOL AND SICK LEAVE TRANSFER PLAN


1.    Purpose

      The intent of the Sick Leave Pool (SLP) and Sick Leave Transfer (SLT) Plan is to
      provide pay coverage for an employee suffering from a serious medical condition
      who has exhausted all personal leave credits. This plan is not intended to
      provide pay coverage for minor illnesses or accidents, regardless of frequency,
      that have resulted in depletion of an employee’s personal leave credits.

2.    Authority

      Section 110.121, Florida Statutes (F.S.) and Rule 60L-34, Florida Administrative
      Code (F.A.C.).

3.    Definitions

      a.     Committee. Staff delegated by the Plan Administrator to review and
             approve applications and requests for SLP.

      b.     Director. A deputy secretary, division or regulatory district director or any
             member of senior management in a position with a comparable level of
             responsibility.

      c.     Interagency SLT Plan. A plan that allows employees to transfer personal
             sick leave credits to an employee in another participating state agency.

      d.     Lifetime Cap. The maximum sick leave hours (1,040) that an employee can
             use from the SLP or SLT Plan or a combination of the two during their
             period of state employment with the Department of Environmental
             Protection (Department).

      e.     Plan Administrator. The Chief, Bureau of Personnel Services (BoPS) or
             designee. (Note: the Plan Administrator is not required to be a participant
             of the SLP).

      f.     Serious Medical Condition. An illness, impairment, physical or mental
             condition causing the employee to be unable to perform the functions of his
             or her position and that requires inpatient care in a hospital, hospice or
                                                            DEP 433
                                                            January 10, 2011
                                                            Page 2 of 11


           residential medical care facility. If the serious medical condition does not
           require inpatient care, the condition must require continuing treatment by a
           health care provider and as a result, the employee is unable to perform the
           functions of his or her position.

     g.    Sick Leave Pool (SLP). A plan which allows eligible employees to join and
           request use from a pool of accumulated sick leave hours for a serious
           medical condition when their personal leave credits have been exhausted.

     h.    Sick Leave Transfer (SLT). A plan which allows an employee to transfer
           personal sick leave credits to another employee within the Department.

4.   Administration

     The Department shall have one established SLP and SLT Plan. The Plan
     Administrator or designee shall:

     a.    ensure the SLP contains a minimum of 480 hours at all times. This
           ensures sufficient SLP hours to grant leave requests to eligible employees.
           Participants should understand that eight hours (pro-rated if part-time) of
           leave will be withdrawn from each participant’s personal sick leave to
           replenish the SLP as needed. Participants will be notified before the leave
           is withdrawn.

     b.    receive SLP applications, determine eligibility and process applications
           from Department employees who apply to participate in the SLP.

     c.    process a sick leave balance adjustment to add enough SLP or transferred
           sick leave hours for the employee to complete their timesheet each month
           and maintain accurate records of SLP and SLT Plan transactions.

     d.    notify the employee, the employee's supervisor or other designee, that a
           request to use SLP or transferred hours has been approved or denied. If
           the request is denied, an explanation must be provided.

     e.    investigate alleged abuse of the SLP and the SLT Plan.

     f.    process termination of SLP participants who have not consistently
           maintained sufficient leave credits when contributions were needed or
           those electing to withdraw.
                                                           DEP 433
                                                           January 10, 2011
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     g.    transfer SLP participation for an employee who is transferring to another
           participating state agency.

     h.    provide SLP and SLT records for inspection upon request, except for
           confidential medical information exempt from public inspection pursuant
           to Chapter 119, F.S.

5.   Sick Leave Pool

     To be eligible for SLP participation, an employee must have completed one year
     of employment with the state and accumulated a minimum of 64 hours of sick
     leave at the end of the month in which the application for participation was
     received.

     a.    SLP Participation.

           (1)    Application for participation in the SLP may be submitted at any
                  time during the year. The effective date for SLP participation will
                  be the first of the month following receipt of the application and
                  eligibility determination. Upon meeting the eligibility requirements,
                  a 90-day waiting period will be required prior to an employee using
                  any hours from the SLP.

           (2)    An employee who is transferring from the Department to another
                  state government agency will have their SLP participation and initial
                  donation transferred automatically.

           (3)    An employee transferring to the Department from another state
                  agency will be added to the SLP list upon verification of being a SLP
                  participant at the previous state agency and hours being
                  transferred.

           (4)    A participating employee shall be allowed to donate up to 16 hours
                  of unused or unpaid sick leave from the employee's individual sick
                  leave balance at the time of retirement or termination from state
                  government. The donation will come from the total sick leave
                  balance before the payable hours are calculated.

     b.    SLP Terms and Conditions.
                                                 DEP 433
                                                 January 10, 2011
                                                 Page 4 of 11



(1)   Participation in the SLP is voluntary. A participant may withdraw
      from the SLP at any time by written notice to the Plan
      Administrator. Withdrawal terminates the employee’s entitlement
      to use sick leave credits from the SLP and automatically forfeits any
      contributions previously made to the SLP. Contributions are
      forfeited upon separation from employment, except when an
      employee transfers to another state agency as outlined in section 6
      of this directive. The letter of withdrawal must include the
      employee’s name, People First identification number and the
      effective date on which the employee is withdrawing from the SLP.

(2)   A participant of the SLP may be terminated from the SLP for
      repeatedly failing to maintain a sufficient sick leave account
      balance to cover a request for the contribution of additional hours
      or when it has been determined that they have abused the use of
      the SLP. Abuse shall include, but not be limited to:

      (a)    misrepresentation of an illness, accident, injury or the
             circumstances surrounding it, in order to use personal or SLP
             credits or to receive leave to which the employee is not
             entitled under the provisions of this directive;

      (b)    submission of medical certification that is from other than a
             qualified medical practitioner or any misrepresentation
             concerning the nature or duration of the employee's illness;
             and

      (c)    a pattern of leave usage that reflects repeated, unplanned
             and unscheduled absences resulting in the employee’s leave
             balances consistently being at the level earned each month
             or consistently and repeatedly being in a Leave without Pay
             (LWOP) status.

(3)   Prior to the termination of a participant, (s)he may present any
      information to the Plan Administrator or designee which the
      participant believes relevant to the final decision. The Plan
      Administrator’s decision is final and they will notify the participant of
      their termination and any requirement to repay sick leave credits.
                                                   DEP 433
                                                   January 10, 2011
                                                   Page 5 of 11


     (4)   No participant of the SLP will be permitted to use more than 480
           hours of leave (pro-rated if part-time) from the SLP in any 12-
           month period or a lifetime cap of 1,040 hours. The 12-month
           period begins on the first date SLP hours are used.

     (5)   A participating employee must not be receiving state-funded
           disability benefits intended to replace all or a portion of the
           employee’s income. This would apply to employees on Workers’
           Compensation and the current Disability Income Insurance (DII)
           plan for SES/SMS employees.

c.   SLP Usage.

     (1)   SLP hours may be used by a participating employee for the
           employee’s documented personal serious medical condition.

     (2)   SLP hours may not be used by a participating employee until all of
           their personal sick, annual and compensatory leave has been used.

     (3)   An employee must have been absent from the workplace for five
           consecutive workdays (full or partial). SLP hours shall be used
           beginning on the sixth missed workday (full or partial) or on the
           first day the employee has exhausted all personal sick, annual and
           compensatory leave, whichever is later. SLP hours may be used
           consecutively or intermittently. The employee’s medical
           certification will be used as documentation to support the five
           consecutive workday period.

     (4)   A request to use SLP hours requires the submission of a completed
           Request to Use Sick Leave Pool or Sick Leave Transfer Hours, Form
           DEP 54-225 and proper medical documentation, which must be
           submitted on federal FMLA Form WH-380-E and DEP Form 54-202,
           Medical Verification of Absence. The medical documentation must
           include a prognosis of the amount of time needed and the
           estimated date of return from the accident, illness or injury for
           which the use of sick leave is being requested. If the medical
           documentation does not provide a specific date of return to work,
           follow-up documentation must be furnished every 30 days.

     (5)   The employee shall provide a copy of their request form to their
                                                             DEP 433
                                                             January 10, 2011
                                                             Page 6 of 11


                  immediate supervisor.

           (6)    A request to use SLP hours must be received in the BoPS by the
                  close of business on the scheduled payroll deadline for the month
                  in which the SLP hours will be needed. Requests cannot be
                  retroactively used unless documentation is provided regarding
                  conditions warranting delay in receipt of their request.

     d.    SLP Maintenance.

           (1)    The SLP will be considered depleted when the balance is less than
                  480 hours. In this event, each participating employee, with prior
                  notification, shall contribute eight hours of sick leave (pro-rated if
                  part-time) to the SLP to replenish its balance.

           (2)    If the participating employee’s individual sick leave balance is less
                  than eight hours (pro-rated if part-time) at the time the SLP is
                  depleted, the employee shall contribute all hours accumulated and
                  shall contribute the remainder as soon as they have accrued
                  additional sick leave credits. The employee shall not be allowed to
                  use their sick leave credits until the amount owed the SLP has been
                  contributed. Employees that have joined the SLP in the last ninety
                  days, prior to the request to replenish the SLP, will not be required
                  to donate hours until they have been employed with the
                  Department more than ninety days.

           (3)    Hours contributed to the SLP shall be placed in a single account for
                  use by all participants. No contributions for the benefit of a specific
                  individual, illness or position will be accepted.

6.   Sick Leave Transfer

     a.    SLT Participation.

           (1)    An employee is eligible to request use of SLT hours for their
                  documented personal serious medical condition.

           (2)    SLT hours shall not be used until all personal sick, annual and
                  compensatory leave have been used.
                                                    DEP 433
                                                    January 10, 2011
                                                    Page 7 of 11


     (3)   An employee must have been absent from the workplace for five
           consecutive workdays (full or partial). SLT hours shall be used
           beginning on the sixth missed workday (full or partial) or on the
           first day the employee has exhausted all personal sick, annual and
           compensatory leave, whichever is later. SLT hours may be used
           consecutively or intermittently. The employee’s medical
           certification will be used as documentation to support the five
           consecutive workday period.

     (4)   A request to use SLT hours requires the submission of a completed
           Request to Use Sick Leave Pool or Sick Leave Transfer Hours Form,
           DEP 54-225, proper medical documentation, which must be
           submitted on federal FMLA Form WH-380-E and DEP 54-202,
           Medical Verification of Absence. The medical documentation must
           include an estimate of the amount of time needed and expected
           date of return from the accident, illness or injury for which the use
           of sick leave is being requested. If the medical documentation
           does not provide a specific date of return to work, follow-up
           documentation must be furnished every 30 days.

     (5)   Upon receipt of documentation to request use of SLT hours, the
           Plan Administrator will coordinate distribution of an email
           communication sent within the employee’s division/district
           requesting leave hours on behalf of the employee. If the number
           of leave hours needed are not obtained, the Plan Administrator will
           coordinate distribution of an email communication to all employees
           Department-wide to obtain leave hours.

     (6)   The employee shall provide a copy of their request form to their
           immediate supervisor.

     (7)   A request to use SLT hours must be received in the BoPS by the
           close of business on the scheduled payroll deadline for the month
           in which the SLT hours will be needed. Requests cannot be
           retroactively used unless documentation is provided regarding
           conditions warranting delay in receipt of their request.

b.   SLT Terms and Conditions.

     (1)   Transferring Sick Leave Hours.
                                              DEP 433
                                              January 10, 2011
                                              Page 8 of 11



      (a)   A minimum balance of 80 hours of sick leave following the
            transfer of sick leave hours is required for all donors.

      (b)   Sick leave hours may be transferred between participating
            state agencies and among Career Service (CS), Selected
            Exempt Service (SES) and SMS employees.

      (c)   Department employees can transfer sick leave hours to other
            Department employees by completing the Request to
            Transfer Sick Leave Hours to DEP Employee Form, DEP 54-
            224 or by responding to an email communication that will be
            sent to request leave hours for a specific employee.

      (d)   Department employees or employees in other agencies with
            an interagency SLT plan can transfer sick leave hours by
            completing an Interagency Request to Transfer Sick Leave
            Hours Form, DEP 54-209.

      (e)   The minimum amount for each transfer is eight hours.

      (f)   Once the sick leave transfer form has been processed by the
            BoPS, it cannot be cancelled. Donations will be used in the
            order received and only for the number of hours needed.

      (g)   The hours transferred to Department employees by the
            employee’s spouse, either of their parents, grandparents,
            brothers, sisters, children or grandchildren will be processed
            prior to those received from other employees.

      (h)   Sick leave credits may be transferred from an employee’s
            sick leave balance to an employee approved to use donated
            sick leave hours at any time prior to the effective date of
            retirement or termination from the Department. The sick
            leave hours must also be used by the receiving employee
            prior to the donor’s termination date.

(2)   SLT Usage.

      (a)   SLT hours can be used consecutively or intermittently.
                                                DEP 433
                                                January 10, 2011
                                                Page 9 of 11



      (b)    Receiving employees must provide notice to their supervisor
             and to the Plan Administrator if there is any change in the
             circumstances for which the leave is being taken or if
             additional leave is needed beyond the period covered in the
             original request.

      (c)    Receiving employees may not use more than 1,040 hours of
             transferred leave. If the employee is a participant of the
             Department SLP and has used the 480 hours from the SLP,
             then they are limited to only 560 hours of transferred leave,
             not to exceed the lifetime cap of 1,040 hours.

      (d)    The request for using SLT hours must be received in the
             BoPS as soon as reasonably possible, but no later than the
             close of business on the scheduled payroll deadline for the
             month in which the leave hours will be needed. The Plan
             Administrator must have complete documentation before the
             request will be processed. SLT credits will not be applied
             retroactively unless documentation is provided regarding
             conditions warranting delay of a request.

      (e)    A participating employee must not be receiving state-funded
             disability benefits intended to replace all or a portion of the
             employee’s income. This would apply to employees on
             Workers’ Compensation and the current Disability Income
             Insurance (DII) plan for SES/SMS employees.

(3)   An employee who attempts to coerce or pressure another
      employee to transfer sick leave will be subject to disciplinary action.

(4)   The selling or purchasing of sick leave is strictly prohibited. Any
      employee who attempts to “sell” or “purchase” sick leave will be
      subject to disciplinary action.
                                                               DEP 433
                                                               January 10, 2011
                                                               Page 10 of 11


       c.     SLT Maintenance.

              (1)     The Plan Administrator will establish a system to track the hours
                      received by and credited to employees.

              (2)     Upon approval of SLT requests, the Plan Administrator or designee
                      will effect the transfer between accounts as needed on a monthly
                      basis and will coordinate with the supervisor and employee to
                      complete timesheets and ensure monthly payroll is processed
                      accurately.

              (3)     SLT hours may be received from multiple employees, however the
                      total SLT hours credited to an employee may not exceed the total
                      hours necessary to cover the period of absence required by medical
                      certification.

7.     Discontinuation of the Sick Leave Pool or Sick Leave Transfer Plan

       a.     The Secretary of the Department may, at any time, in accordance with
              Chapter 120, F.S., repeal this directive for the purpose of discontinuing
              the SLP or SLT Plan.

       b.     Should this directive be repealed, all hours remaining in the SLP will be
              equally distributed among and returned to the active participants of the
              SLP.


This Directive supercedes DEP 433 dated March 31, 2005. This Directive has been
revised to further clarify the requirement for participation in the SLP, use of the SLP and
SLT plan, a clause preventing an employee from receiving both SLP/SLT hours and
state-funded disability benefits intended to replace all or a portion of the employee’s
income, modifications to all forms associated with this directive and modification of
language for readability.



Responsible Office:         Division of Administrative Services
                            Bureau of Personnel Services
                                                DEP 433
                                                January 10, 2011
                                                Page 11 of 11


ATTACHMENTS:   ATTACHMENT I
               Sick Leave Pool Application
               DEP 54-201

               ATTACHMENT II
               Medical Certification Guidelines and Forms
               DEP 54-202

               ATTACHMENT III
               Interagency Request to Transfer Sick Leave Hours
               DEP 54-209

               ATTACHMENT IV
               Request to Transfer Sick Leave Hours to DEP Employee
               DEP 54-224

               ATTACHMENT V
               Request to Use Sick Leave Pool or Sick Leave Transfer Hours
               DEP 54-225

               ATTACHMENT VI
               Leave Without Pay Payroll Adjustment Form
               DEP 54-226

               ATTACHMENT VII
               FMLA Military Medical Leave forms and Instructions can be
               found at http://www.dol.gov/whd/forms/

				
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