Alabama 2023 Regular Session

Alabama House Bill HB103 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~HB103ENROLLED~~
	1	+	HB103INTRODUCED
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3		-	RBDFNN-3
	3	+	RBDFNN-1
4	4		By Representatives Baker, Collins
5	5		RFD: Children and Senior Advocacy
6	6		First Read: 07-Mar-23
7		-	2023 Regular Session
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12		-	5 ~~HB103 EnrolledHB103 Enrolled~~
	11	+	5 RBDFNN-1 01/25/2023 KMS (L) cr 2023-218
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14		-	Enrolled, An Act,
	13	+	SYNOPSIS:
	14	+	Under existing law, full-time education
	15	+	employees are permitted to use sick leave for personal
	16	+	illness or for attending to the personal illness or
	17	+	death of other specific individuals.
	18	+	This bill would authorize the use of up to eight
	19	+	weeks of sick leave for attending to an ill child for
	20	+	whom a petition for adoption has been filed and for
	21	+	attending to an adopted child.
	22	+	A BILL
	23	+	TO BE ENTITLED
	24	+	AN ACT
15	25		Relating to public education employee sick leave; to
16	26		amend Section 16-1-18.1, Code of Alabama 1975, to authorize
17	27		the use of up to eight weeks of sick leave for attending to an
18	28		ill child for whom a petition for adoption has been filed and
19	29		for attending to an adopted child.
20	30		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
21	31		Section 1. Section 16-1-18.1 of the Code of Alabama
22	32		1975, is amended to read as follows:
23	33		"§16-1-18.1
24	34		(a) Definitions. When used in this section, the
25		-	following terms shall have the following meanings ,
26		-	respectively:
27		-	(1) EMPLOYEE. Any person employed full time as provided
28		-	by law by those employers enumerated in this section; and
29		-	adult bus drivers.
30		-	(2) EMPLOYER. All public city and county boards of
31		-	education; the Board of Trustees of the Alabama Institute for
32		-	Deaf and Blind; the Alabama Youth Services Department District
33		-	Board in its capacity as the Board of Education for the Youth
34		-	Services Department District; the Board of Directors of the
35		-	Alabama School of Fine Arts; the Board of Trustees of the
36		-	Alabama High School of Mathematics and Science; the Board of
37		-	Trustees of the Alabama School of Cyber Technology and
38		-	Engineering; for purposes of subsection (c) only, the Alabama
39		-	State Senate, the Lieutenant Governor, the Office of the
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	64	+	following terms shall have the following meanings ,
	65	+	respectively:
	66	+	(1) EMPLOYEE. Any person employed full time as provided
	67	+	by law by those employers enumerated in this section; and
	68	+	adult bus drivers.
	69	+	(2) EMPLOYER. All public city and county boards of
	70	+	education; the Board of Trustees of the Alabama Institute for
	71	+	Deaf and Blind; the Alabama Youth Services Department District
	72	+	Board in its capacity as the Board of Education for the Youth
	73	+	Services Department District; the Board of Directors of the
	74	+	Alabama School of Fine Arts; the Board of Trustees of the
	75	+	Alabama High School of Mathematics and Science; the Board of
	76	+	Trustees of the Alabama School of Cyber Technology and
	77	+	Engineering; for purposes of subsection (c) only, the Alabama
	78	+	State Senate, the Lieutenant Governor, the Office of the
69	79		Senate President Pro Tempore, the Speaker of the House of
70	80		Representatives, the Alabama House of Representatives, the
71	81		Legislative Reference Service Services Agency ; any
72	82		organization participating in the Teachers' Retirement System
73	83		(excluding any state governmental department not listed
74	84		herein); the State Board of Education as applied to two-year
75	85		postsecondary education institutions Board of Trustees of the
76	86		Alabama Community College System ; and for the purposes of
77	87		subsection (c) only, all four-year public institutions of
78	88		higher learning.
79	89		(3) EXECUTIVE OFFICER. The superintendent of any public
80	90		county school system or any public city school system; the
81	91		President of the Alabama Institute for Deaf and Blind; the
82		-	president of any two-year school or college under the auspices
83		-	of the State Board of Education Board of Trustees of the
84		-	Alabama Community College System ; the Superintendent of the
85		-	Department of Youth Services School District; the Executive
86		-	Director of the Alabama School of Fine Arts; the Executive
87		-	Director of the Alabama High School of Mathematics and
88		-	Science; the President of the Alabama School of Cyber
89		-	Technology and Engineering; the Secretary of the Senate ,; the
90		-	Clerk of the House of Representatives ,; the Lieutenant
91		-	Governor; the Speaker of the House of Representatives; the
92		-	Director of the Legislative Services Agency; and the chief
93		-	executive officer of any other employer as provided in this
94		-	section.
95		-	(4)(5) SICK LEAVE. The absence from duty by an employee
96		-	as a result of any of the following:
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	121	+	president of any two-year school or college under the auspices
	122	+	of the State Board of Education Board of Trustees of the
	123	+	Alabama Community College System ; the Superintendent of the
	124	+	Department of Youth Services School District; the Executive
	125	+	Director of the Alabama School of Fine Arts; the Executive
	126	+	Director of the Alabama High School of Mathematics and
	127	+	Science; the President of the Alabama School of Cyber
	128	+	Technology and Engineering; the Secretary of the Senate ,; the
	129	+	Clerk of the House of Representatives ,; the Lieutenant
	130	+	Governor; the Speaker of the House of Representatives; the
	131	+	Director of the Legislative Services Agency; and the chief
	132	+	executive officer of any other employer as provided in this
	133	+	section.
	134	+	(4)(5) SICK LEAVE. The absence from duty by an employee
	135	+	as a result of any of the following:
126	136		a. Personal illness or doctor's quarantine.
127	137		b. Incapacitating personal injury.
128	138		c. Attendance upon an ill member of the employee's
129	139		immediate family (parent, spouse, child, foster child
130	140		currently in the care and custody of the employee, sibling ,
131	141		child currently in the care and custody of the employee for
132	142		whom a petition for adoption has been filed ); or an individual
133	143		with a close personal tie.
134	144		d. Death in the family of the employee (parent, spouse,
135	145		child, sibling, parent-in-law, son-in-law, daughter-in-law,
136	146		brother-in-law, sister-in-law, nephew, niece, grandchild,
137	147		grandparent, uncle, or aunt).
138	148		e. Death, injury, or sickness of another person who has
139		-	unusually strong personal ties to the employee, such as a
140		-	person who stood in loco parentis.
141		-	f. Attendance upon an adopted child, who is three years
142		-	of age or younger.
143		-	(5)(4) ON-THE-JOB INJURY. Any accident or injury to the
144		-	employee occurring during the performance of duties or when
145		-	directed or requested by the employer to be on the property of
146		-	the employer which prevents the employee from working or
147		-	returning to his or her job.
148		-	(b) Sick leave for employees.
149		-	(1) EARNINGS. The employee shall earn one sick leave
150		-	day per month of employment.
151		-	(2) REASONS FOR TAKING SICK LEAVE. The employee shall
152		-	be allowed and authorized to may take sick leave for any of
153		-	the reasons so enumerated and defined in this section. Sick
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	178	+	unusually strong personal ties to the employee, such as a
	179	+	person who stood in loco parentis.
	180	+	f. Attendance upon an adopted child, who is three years
	181	+	of age or younger.
	182	+	(5)(4) ON-THE-JOB INJURY. Any accident or injury to the
	183	+	employee occurring during the performance of duties or when
	184	+	directed or requested by the employer to be on the property of
	185	+	the employer which prevents the employee from working or
	186	+	returning to his or her job.
	187	+	(b) Sick leave for employees.
	188	+	(1) EARNINGS. The employee shall earn one sick leave
	189	+	day per month of employment.
	190	+	(2) REASONS FOR TAKING SICK LEAVE. The employee shall
	191	+	be allowed and authorized to may take sick leave for any of
	192	+	the reasons so enumerated and defined in this section. Sick
183	193		leave taken for the purpose of attending to an adopted child,
184	194		as provided in paragraph (a)(5)e., may be taken for a maximum
185		-	of eight weeks, or 320 consecutive hours. Nothing in this
186		-	section shall permit an employee to use sick leave that he or
187		-	she has not earned or has not been donated.
	195	+	of eight weeks, or 320 consecutive hours.
188	196		(3) EMPLOYEE PAY WHILE ON SICK LEAVE. Reimbursement of
189	197		pay for the employee per day of sick leave shall be at the
190	198		daily rate of pay for the employee.
191	199		(c) Sick leave accumulation and transfers.
192	200		(1) An employee shall be allowed to may accumulate an
193	201		unlimited number of sick leave days. Earned sick leave days
194	202		which have been accrued by an employee shall be transferrable
195	203		from one employer to another. The executive officer of the
196	204		employer shall take care to ensure that certification of the
197	205		number of unused sick leave days is provided to the new
198		-	employer when an employee transfers employment. All of the
199		-	earned and unused sick leave days which an employee has
200		-	accumulated shall be transferred to the new employer for use
201		-	by the employee as provided by law. However, for purposes of
202		-	applying accrued sick leave as credit for retirement purposes,
203		-	an employee is limited to a maximum of sick leave as
204		-	authorized in subdivision (1) of subsection (b). As pertains
205		-	to receiving retirement credit for accrued sick leave, the
206		-	Teacher's Board of Control shall have the authority to may
207		-	adopt such policies and procedures necessary to effectuate a
208		-	uniform policy pursuant to this section.
209		-	(2) Employees of the Alabama State Senate, the
210		-	Lieutenant Governor, the Office of the Senate President Pro
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	235	+	employer when an employee transfers employment. All of the
	236	+	earned and unused sick leave days which an employee has
	237	+	accumulated shall be transferred to the new employer for use
	238	+	by the employee as provided by law. However, for purposes of
	239	+	applying accrued sick leave as credit for retirement purposes,
	240	+	an employee is limited to a maximum of sick leave as
	241	+	authorized in subdivision (1) of subsection (b). As pertains
	242	+	to receiving retirement credit for accrued sick leave, the
	243	+	Teacher's Board of Control shall have the authority to may
	244	+	adopt such policies and procedures necessary to effectuate a
	245	+	uniform policy pursuant to this section.
	246	+	(2) Employees of the Alabama State Senate, the
	247	+	Lieutenant Governor, the Office of the Senate President Pro
240	248		Tempore, the Speaker of the House of Representatives, the
241	249		Alabama House of Representatives, and the Legislative
242	250		Reference Service Services Agency may only accrue unlimited
243	251		sick leave under this section until January 1, 2013. On
244	252		January 1, 2013, an employee subject to this section may carry
245	253		over only the actual number of sick leave hours the employee
246	254		has or the number allowed under Section 36-26-36, whichever is
247	255		greater. After January 1, 2013, sick leave earned by an
248	256		employee subject to this section in excess of the amount
249	257		determined on January 1, 2013, is subject to Section
250	258		36-26-36(d).
251	259		(d) On-the-job injury. The following regulations,
252	260		procedures, and rights are established pertaining to employees
253	261		who are injured while on the job:
254	262		(1) NOTICE OF INJURY. The employee shall make proper
255		-	notification of the injury to the executive officer ,(or to
256		-	the principal of the school, if applicable ), within 24 hours
257		-	after the injury occurred, or where the employee is not
258		-	clinically able to make notification, it shall be permissible
259		-	for another person who is reasonably knowledgeable to may make
260		-	the notification of the injury. Other notification procedures
261		-	and forms shall be as established by written policy of the
262		-	employer.
263		-	(2) PHYSICIAN CERTIFICATION. The employer may require
264		-	medical certification from the employee's physician that the
265		-	employee was injured and cannot return to work as a result of
266		-	the injury. The executive officer may, at his or her
267		-	discretion, may require a second opinion from another
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	292	+	notification of the injury to the executive officer ,(or to
	293	+	the principal of the school, if applicable ), within 24 hours
	294	+	after the injury occurred, or where the employee is not
	295	+	clinically able to make notification, it shall be permissible
	296	+	for another person who is reasonably knowledgeable to may make
	297	+	the notification of the injury. Other notification procedures
	298	+	and forms shall be as established by written policy of the
	299	+	employer.
	300	+	(2) PHYSICIAN CERTIFICATION. The employer may require
	301	+	medical certification from the employee's physician that the
	302	+	employee was injured and cannot return to work as a result of
	303	+	the injury. The executive officer may, at his or her
	304	+	discretion, may require a second opinion from another
297	305		physician at the expense of the employer. The employer may
298	306		require a statement from the physician that there is a
299	307		reasonable expectation that the employee will be able to
300	308		return to work. A uniform physician certification form shall
301	309		be adopted by the State Board of Education and distributed to
302	310		each executive officer.
303	311		(3) SALARY CONTINUED. Upon determination by the
304	312		executive officer that an employee has been injured on the job
305	313		and cannot return to work as a result of the injury, the
306	314		salary and fringe benefits of the employee shall be continued
307	315		for a period of up to ninety (90) 90 working days consistent
308	316		with the employee's injury and the subsequent absence from
309	317		work resulting from the injury. This provision shall apply to
310	318		the temporary disability of the employee as applicable to the
311	319		job-related injury.
312		-	(4) EXTENSION OF DAYS. The employer may adopt a written
313		-	policy to extend the 90-day sick leave period for on-the-job
314		-	injuries. Additional job-injury policies may be adopted by the
315		-	employer if the policies do not conflict with the section.
316		-	(5) REIMBURSEMENT TO EMPLOYER. Any reasonable
317		-	on-the-job injury costs incurred by the employer ,(to hire a
318		-	substitute), per absent injured employee in a fiscal year
319		-	shall be reimbursed to the employer by the state during the
320		-	next succeeding fiscal year upon application by the employer
321		-	to the appropriate State Board of Education department on a
322		-	form adopted by the state board ,(not to exceed 90 work days ).
323		-	The department shall subsequently submit the request to the
324		-	Legislature as a line-item in its budget request for
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	349	+	(4) EXTENSION OF DAYS. The employer may adopt a written
	350	+	policy to extend the 90-day sick leave period for on-the-job
	351	+	injuries. Additional job-injury policies may be adopted by the
	352	+	employer if the policies do not conflict with the section.
	353	+	(5) REIMBURSEMENT TO EMPLOYER. Any reasonable
	354	+	on-the-job injury costs incurred by the employer ,(to hire a
	355	+	substitute), per absent injured employee in a fiscal year
	356	+	shall be reimbursed to the employer by the state during the
	357	+	next succeeding fiscal year upon application by the employer
	358	+	to the appropriate State Board of Education department on a
	359	+	form adopted by the state board ,(not to exceed 90 work days ).
	360	+	The department shall subsequently submit the request to the
	361	+	Legislature as a line-item in its budget request for
354	362		reimbursement to the employer, and, if approved by the
355	363		Legislature, shall reimburse the employer at the amount per
356	364		day for sick leave authorized and funded in the annual budget
357	365		act for public schools and colleges.
358	366		(6) EMPLOYEE'S SICK LEAVE. Sick leave shall not be
359	367		deducted from the employee's account if absence from work is
360	368		found to be a result of an on-the-job injury as provided in
361	369		this section.
362	370		(7) ADDITIONAL EXPENSES. Any unreimbursed medical
363	371		expenses and costs which the employee incurs as a result of an
364	372		on-the-job injury may be filed for reimbursement with the
365	373		State Board of Adjustment. Reimbursement to the employee shall
366	374		be determined by the Board of Adjustment's policies, rules,
367	375		and regulations which may be adopted from time to time. The
368	376		Board of Adjustment shall adopt appropriate rules,
369		-	regulations, and forms for submission by the employee.
370		-	(8) The executive officer , or his or her designee ,
371		-	shall inform the employee who is injured on the job of his or
372		-	her rights about appearing before the Board of Adjustment and
373		-	also about applicable written policies within thirty (30) 30
374		-	calendar days of after notification of the injury.
375		-	(e) Vacations and leaves of absences. The employer
376		-	shall have the authority , under the rules and regulations
377		-	promulgated adopted from time to time by the State Board of
378		-	Education, to may provide for paid leaves of absences and
379		-	vacations for its employees. Payment may be from public funds.
380		-	The employer may provide for leaves of absence during the
381		-	times the schools are, or are not, in session when the teacher
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	406	+	regulations, and forms for submission by the employee.
	407	+	(8) The executive officer , or his or her designee ,
	408	+	shall inform the employee who is injured on the job of his or
	409	+	her rights about appearing before the Board of Adjustment and
	410	+	also about applicable written policies within thirty (30) 30
	411	+	calendar days of after notification of the injury.
	412	+	(e) Vacations and leaves of absences. The employer
	413	+	shall have the authority , under the rules and regulations
	414	+	promulgated adopted from time to time by the State Board of
	415	+	Education, to may provide for paid leaves of absences and
	416	+	vacations for its employees. Payment may be from public funds.
	417	+	The employer may provide for leaves of absence during the
	418	+	times the schools are, or are not, in session when the teacher
411	419		or employee devotes the leave to instructing in or attending
412	420		schools for appropriate training, or when approved by the
413	421		State Board of Education as beneficial to the state's
414	422		educational objectives. The employer may also provide for the
415	423		payment of any full-time teachers or employees for absences
416	424		during the time schools are in session when the absence
417	425		results from an unavoidable cause which prevents the teacher
418	426		or employee from discharging his or her duties. Pay for the
419	427		absences resulting from unavoidable causes other than sickness
420	428		shall not be allowed for a longer time than one week during
421	429		any one scholastic year.
422	430		(f) Postsecondary Alabama Community College System
423	431		annual leave. As applied to postsecondary Alabama Community
424	432		College System employers, any employee who earns and
425	433		accumulates annual leave shall be entitled to may accumulate
426		-	up to 60 days of annual leave at a rate not to exceed that in
427		-	the policy established by the State Board of Education.
428		-	(g) Policies. The policies and procedures required and
429		-	permitted by this section shall be adopted by the employer
430		-	consistent with and as required by Section 16-1-30."
431		-	Section 2. This act shall become effective on the first
432		-	day of the third month following its passage and approval by
433		-	the Governor, or its otherwise becoming law.
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456		-	219 HB103 EnrolledHB103 Enrolled
457		-	Page 9
458		-	________________________________________________
459		-	Speaker of the House of Representatives
460		-	________________________________________________
461		-	President and Presiding Officer of the Senate
462		-	House of Representatives
463		-	I hereby certify that the within Act originated in and
464		-	was passed by the House 04-Apr-23, as amended.
465		-	John Treadwell
466		-	Clerk
467		-	Senate 02-May-23 Passed
468		-	House 24-May-23 Concurred in
469		-	Senate Amendment
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	461	+	224 HB103 INTRODUCEDHB103 INTRODUCED
	462	+	Page 9
	463	+	up to 60 days of annual leave at a rate not to exceed that in
	464	+	the policy established by the State Board of Education.
	465	+	(g) Policies. The policies and procedures required and
	466	+	permitted by this section shall be adopted by the employer
	467	+	consistent with and as required by Section 16-1-30."
	468	+	Section 2. This act shall become effective on the first
	469	+	day of the third month following its passage and approval by
	470	+	the Governor, or its otherwise becoming law.
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