Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60L - Personnel Management System › Chapter 60LER22 - EMERGENCY RULE FOR YEAR 2022 › Section 60LER22-4 - Amendment of Rule 60L-34.0071(3), F.A.C

Current through Reg. 50, No. 138; July 16, 2024
(1) Administrative leave counts as hours of
				pay, but does not count as hours of work for overtime purposes.
(2) Approval of administrative leave, under
				subsection (3) of this rule or otherwise, is limited to an amount necessary to
				bring the employee to full pay for forty hours of work in the workweek, the
				number of approved hours in the extended work period, or the number of hours in
				the work period. In no case shall the approval of administrative leave cause
				the employee to exceed forty hours during the workweek, hours in an approved
				extended work period, or hours in the regular work period for excluded
				employees.
(3) An agency shall
				comply with the following provisions when granting administrative leave for the
				reasons described.
(a) Jury Duty:
An employee who is summoned as a member of a jury panel shall
				  be granted administrative leave with pay for hours required for such duty not
				  to exceed the number of hours in the employee's normal workday; however, if the
				  jury duty does not require absence for the entire workday, the employee shall
				  return to duty immediately upon release by the court. If the employee's court
				  attendance does not coincide with the employee's regular work schedule, the
				  employee shall be granted administrative leave based on the total hours served
				  on jury duty, not to exceed the number of hours in the employee's regular
				  workday. Such leave shall be granted on the next scheduled work shift following
				  each day the employee is in court. Jury fees shall be retained by the
				  employee.
(b) Witness:
1. An employee subpoenaed as a witness, or to
				give a deposition, in a court or an administrative hearing, not involving
				personal litigation or service as a paid expert witness shall be granted
				administrative leave with pay, and witness fees shall be retained by the
				employee.
2. An employee subpoenaed
				in the line of duty to represent a state agency as a witness or defendant shall
				not be granted administrative leave, and appearance in such cases shall be
				considered a part of the employee's job assignment. The employee shall be paid
				per diem and travel expenses and shall be required to turn over to the agency
				any fees received from the court.
3. In no case shall administrative leave with
				pay be granted for court attendance when an employee is engaged in personal
				litigation or service as a paid expert witness.
(c) Examination for military service:
An employee who is ordered to appear for an examination for
				  entrance into the military service shall be granted leave with pay for this
				  purpose on the day of the examination.
(d) Death in family:
1. An employee, upon request, shall be
				granted two days of administrative leave with pay on the death of the
				employee's spouse and on the death of the parents, grandparents, brothers,
				sisters, children, and grandchildren of either the employee or the
				spouse.
2. Each employee requesting
				administrative leave due to death in the family shall submit a statement to the
				appropriate authority stating the name of, and relationship to, the
				deceased.
(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), Florida Statutes).
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.
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.
(f)
				Formal investigation:
An employee under formal investigation by an agency for
				  violation of a rule or statute for which dismissal is a penalty, shall
				  temporarily be assigned other duties if deemed advisable by the agency, or
				  placed on administrative leave if the employee's absence from the work location
				  is essential to the investigation. The agency shall report in writing to the
				  Department whenever it grants such leave.
(g) Elections:
Any employee may be granted up to one hour of leave with pay
				  for the purpose of voting during normal working hours. An employee shall not be
				  granted administrative leave to work at the polls during elections.
(h) Examinations and interviews:
An employee may be granted up to two hours of leave with pay
				  for the purpose of taking examinations before a state agency, provided such
				  examinations are pertinent to state employment or for the purpose of having
				  interviews for positions within the State Personnel System.
(i) Mentoring:
1. Each employee may be granted up to one
				hour of administrative leave per week, not to exceed five hours per calendar
				month, to participate in the Governor's Mentoring Initiative, including the
				following school or community voluntary activities:
a. Mentoring, tutoring, guest speaking and,
				when participating in an established mentoring program serving a school
				district, providing any related services at the direction of the program or
				volunteer coordinator.
b.
				Participating in community service programs that meet child, elder, or human
				needs, including Guardian Ad Litem, Big-Brother/Big Sister, Senior Corps, and
				Adult Literacy.
2. The
				supervisor may approve the aggregated use of up to four hours in any calendar
				month, provided the agency deems such usage appropriate for the delivery of
				services under sub-subparagraph a. and b. In such cases no further
				administrative leave shall be granted pursuant to sub-subparagraph a. or b.
				until one week has elapsed for every additional hour taken in the
				aggregate.
3. In granting
				administrative leave for any purpose under this section, the supervisor shall
				take into consideration the impact of such leave on the employee's work
				unit.
4. If an employee does not
				use administrative leave as authorized in this section, the employee shall not
				accrue or be paid for such leave.
(j) Storm Damage:
Agency heads may grant, on a case-by-case basis, up to 120
				  hours of administrative leave to employees for any time lost from scheduled
				  work as a result of damage or destruction to their primary residences, or
				  transportation issues or road obstructions that prevent employees from safely
				  and reasonably traveling to work, caused by Hurricane Ian.