HB103ENROLLED
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RBDFNN-3
By Representatives Baker, Collins
RFD: Children and Senior Advocacy
First Read: 07-Mar-23
2023 Regular Session
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Enrolled, An Act,
Relating to public education employee sick leave; to
amend Section 16-1-18.1, Code of Alabama 1975, to authorize
the use of up to eight weeks of sick leave for attending to an
ill child for whom a petition for adoption has been filed and
for attending to an adopted child.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 16-1-18.1 of the Code of Alabama
1975, is amended to read as follows:
"ยง16-1-18.1
(a) Definitions. When used in this section, the
following terms shall have the following meanings ,
respectively:
(1) EMPLOYEE. Any person employed full time as provided
by law by those employers enumerated in this section; and
adult bus drivers.
(2) EMPLOYER. All public city and county boards of
education; the Board of Trustees of the Alabama Institute for
Deaf and Blind; the Alabama Youth Services Department District
Board in its capacity as the Board of Education for the Youth
Services Department District; the Board of Directors of the
Alabama School of Fine Arts; the Board of Trustees of the
Alabama High School of Mathematics and Science; the Board of
Trustees of the Alabama School of Cyber Technology and
Engineering; for purposes of subsection (c) only, the Alabama
State Senate, the Lieutenant Governor, the Office of the
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Senate President Pro Tempore, the Speaker of the House of
Representatives, the Alabama House of Representatives, the
Legislative Reference Service Services Agency ; any
organization participating in the Teachers' Retirement System
(excluding any state governmental department not listed
herein); the State Board of Education as applied to two-year
postsecondary education institutions Board of Trustees of the
Alabama Community College System ; and for the purposes of
subsection (c) only, all four-year public institutions of
higher learning.
(3) EXECUTIVE OFFICER. The superintendent of any public
county school system or any public city school system; the
President of the Alabama Institute for Deaf and Blind; the
president of any two-year school or college under the auspices
of the State Board of Education Board of Trustees of the
Alabama Community College System ; the Superintendent of the
Department of Youth Services School District; the Executive
Director of the Alabama School of Fine Arts; the Executive
Director of the Alabama High School of Mathematics and
Science; the President of the Alabama School of Cyber
Technology and Engineering; the Secretary of the Senate ,; the
Clerk of the House of Representatives ,; the Lieutenant
Governor; the Speaker of the House of Representatives; the
Director of the Legislative Services Agency; and the chief
executive officer of any other employer as provided in this
section.
(4)(5) SICK LEAVE. The absence from duty by an employee
as a result of any of the following:
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a. Personal illness or doctor's quarantine.
b. Incapacitating personal injury.
c. Attendance upon an ill member of the employee's
immediate family (parent, spouse, child, foster child
currently in the care and custody of the employee, sibling ,
child currently in the care and custody of the employee for
whom a petition for adoption has been filed ); or an individual
with a close personal tie.
d. Death in the family of the employee (parent, spouse,
child, sibling, parent-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, nephew, niece, grandchild,
grandparent, uncle, or aunt).
e. Death, injury, or sickness of another person who has
unusually strong personal ties to the employee, such as a
person who stood in loco parentis.
f. Attendance upon an adopted child, who is three years
of age or younger.
(5)(4) ON-THE-JOB INJURY. Any accident or injury to the
employee occurring during the performance of duties or when
directed or requested by the employer to be on the property of
the employer which prevents the employee from working or
returning to his or her job.
(b) Sick leave for employees.
(1) EARNINGS. The employee shall earn one sick leave
day per month of employment.
(2) REASONS FOR TAKING SICK LEAVE. The employee shall
be allowed and authorized to may take sick leave for any of
the reasons so enumerated and defined in this section. Sick
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leave taken for the purpose of attending to an adopted child ,
as provided in paragraph (a)(5)e., may be taken for a maximum
of eight weeks, or 320 consecutive hours. Nothing in this
section shall permit an employee to use sick leave that he or
she has not earned or has not been donated.
(3) EMPLOYEE PAY WHILE ON SICK LEAVE. Reimbursement of
pay for the employee per day of sick leave shall be at the
daily rate of pay for the employee.
(c) Sick leave accumulation and transfers.
(1) An employee shall be allowed to may accumulate an
unlimited number of sick leave days. Earned sick leave days
which have been accrued by an employee shall be transferrable
from one employer to another. The executive officer of the
employer shall take care to ensure that certification of the
number of unused sick leave days is provided to the new
employer when an employee transfers employment. All of the
earned and unused sick leave days which an employee has
accumulated shall be transferred to the new employer for use
by the employee as provided by law. However, for purposes of
applying accrued sick leave as credit for retirement purposes,
an employee is limited to a maximum of sick leave as
authorized in subdivision (1) of subsection (b). As pertains
to receiving retirement credit for accrued sick leave, the
Teacher's Board of Control shall have the authority to may
adopt such policies and procedures necessary to effectuate a
uniform policy pursuant to this section.
(2) Employees of the Alabama State Senate, the
Lieutenant Governor, the Office of the Senate President Pro
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Tempore, the Speaker of the House of Representatives, the
Alabama House of Representatives, and the Legislative
Reference Service Services Agency may only accrue unlimited
sick leave under this section until January 1, 2013. On
January 1, 2013, an employee subject to this section may carry
over only the actual number of sick leave hours the employee
has or the number allowed under Section 36-26-36, whichever is
greater. After January 1, 2013, sick leave earned by an
employee subject to this section in excess of the amount
determined on January 1, 2013, is subject to Section
36-26-36(d).
(d) On-the-job injury. The following regulations,
procedures, and rights are established pertaining to employees
who are injured while on the job:
(1) NOTICE OF INJURY. The employee shall make proper
notification of the injury to the executive officer ,(or to
the principal of the school, if applicable ), within 24 hours
after the injury occurred, or where the employee is not
clinically able to make notification, it shall be permissible
for another person who is reasonably knowledgeable to may make
the notification of the injury. Other notification procedures
and forms shall be as established by written policy of the
employer.
(2) PHYSICIAN CERTIFICATION. The employer may require
medical certification from the employee's physician that the
employee was injured and cannot return to work as a result of
the injury. The executive officer may, at his or her
discretion, may require a second opinion from another
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physician at the expense of the employer. The employer may
require a statement from the physician that there is a
reasonable expectation that the employee will be able to
return to work. A uniform physician certification form shall
be adopted by the State Board of Education and distributed to
each executive officer.
(3) SALARY CONTINUED. Upon determination by the
executive officer that an employee has been injured on the job
and cannot return to work as a result of the injury, the
salary and fringe benefits of the employee shall be continued
for a period of up to ninety (90) 90 working days consistent
with the employee's injury and the subsequent absence from
work resulting from the injury. This provision shall apply to
the temporary disability of the employee as applicable to the
job-related injury.
(4) EXTENSION OF DAYS. The employer may adopt a written
policy to extend the 90-day sick leave period for on-the-job
injuries. Additional job-injury policies may be adopted by the
employer if the policies do not conflict with the section.
(5) REIMBURSEMENT TO EMPLOYER. Any reasonable
on-the-job injury costs incurred by the employer ,(to hire a
substitute), per absent injured employee in a fiscal year
shall be reimbursed to the employer by the state during the
next succeeding fiscal year upon application by the employer
to the appropriate State Board of Education department on a
form adopted by the state board ,(not to exceed 90 work days ).
The department shall subsequently submit the request to the
Legislature as a line-item in its budget request for
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reimbursement to the employer, and, if approved by the
Legislature, shall reimburse the employer at the amount per
day for sick leave authorized and funded in the annual budget
act for public schools and colleges.
(6) EMPLOYEE'S SICK LEAVE. Sick leave shall not be
deducted from the employee's account if absence from work is
found to be a result of an on-the-job injury as provided in
this section.
(7) ADDITIONAL EXPENSES. Any unreimbursed medical
expenses and costs which the employee incurs as a result of an
on-the-job injury may be filed for reimbursement with the
State Board of Adjustment. Reimbursement to the employee shall
be determined by the Board of Adjustment's policies, rules,
and regulations which may be adopted from time to time. The
Board of Adjustment shall adopt appropriate rules,
regulations, and forms for submission by the employee.
(8) The executive officer , or his or her designee ,
shall inform the employee who is injured on the job of his or
her rights about appearing before the Board of Adjustment and
also about applicable written policies within thirty (30) 30
calendar days of after notification of the injury.
(e) Vacations and leaves of absences. The employer
shall have the authority , under the rules and regulations
promulgated adopted from time to time by the State Board of
Education, to may provide for paid leaves of absences and
vacations for its employees. Payment may be from public funds.
The employer may provide for leaves of absence during the
times the schools are, or are not, in session when the teacher
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or employee devotes the leave to instructing in or attending
schools for appropriate training, or when approved by the
State Board of Education as beneficial to the state's
educational objectives. The employer may also provide for the
payment of any full-time teachers or employees for absences
during the time schools are in session when the absence
results from an unavoidable cause which prevents the teacher
or employee from discharging his or her duties. Pay for the
absences resulting from unavoidable causes other than sickness
shall not be allowed for a longer time than one week during
any one scholastic year.
(f) Postsecondary Alabama Community College System
annual leave. As applied to postsecondary Alabama Community
College System employers, any employee who earns and
accumulates annual leave shall be entitled to may accumulate
up to 60 days of annual leave at a rate not to exceed that in
the policy established by the State Board of Education.
(g) Policies. The policies and procedures required and
permitted by this section shall be adopted by the employer
consistent with and as required by Section 16-1-30."
Section 2. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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________________________________________________
Speaker of the House of Representatives
________________________________________________
President and Presiding Officer of the Senate
House of Representatives
I hereby certify that the within Act originated in and
was passed by the House 04-Apr-23, as amended.
John Treadwell
Clerk
Senate 02-May-23 Passed
House 24-May-23 Concurred in
Senate Amendment
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