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Document Citation: 53-16.009, F.A.C.
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Header:
FLORIDA ADMINISTRATIVE CODE
TITLE 53 DEPARTMENT OF THE LOTTERY
DEPARTMENTAL
CHAPTER 53-16 PERSONNEL ATTENDANCE AND LEAVE
Date:
08/31/2009
Document:
53-16.009 Administrative Leave.
(1) Court Attendance.
(a) An employee who is summoned as a member of a jury panel shall be granted administrative leave with pay for all hours required for such duty not to exceed the number of hours in the employee's workday. However, if the jury 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. Any jury fees shall be retained by the employee. The Lottery shall not reimburse the employee for meals, lodging, and travel expenses incurred while serving as a juror.
(b) An employee subpoenaed as a witness in a court or administrative hearing, not involving the employee's personal litigation or service as a paid expert witness, shall be granted administrative leave with pay, and any witness fees shall be retained by the employee. The Lottery shall not reimburse the employee for meals, lodging, and travel expenses incurred while serving as a witness.
(c) An employee subpoenaed in 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 and considered hours worked. 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.
(d) 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. However, an employee will be granted annual leave in such cases with the approval of the immediate supervisor if workload requirements permit.
(2) Elections. Employees are expected, whenever possible, to make arrangements to vote outside of working hours. An employee who lives at such distance from assigned work location as to preclude voting outside of working hours will be authorized a maximum of two (2) hours of administrative leave with pay for this purpose. Any other employee will be granted one (1) hour of administrative leave with pay for the purpose of voting during normal working hours whenever such employee is unable to vote outside working hours. An employee shall not be granted administrative leave to work at the polls during elections.
(3) Meetings and conferences. An employee will be granted administrative leave with pay to attend such meetings or conferences as may contribute to the effectiveness of the individual's employment if budgetary and workload requirements permit.
(4) Examination and interviews. An employee shall be granted administrative leave with pay for the purpose of taking examinations, provided such examinations are pertinent to state employment or for the purpose of having interviews for positions within state government.
(5) Military training.
(a) An employee who is a member of the United States Armed Forces Reserve, including the National Guard, shall, upon presentation of a copy of the employee's official orders issued pursuant to the authority of Title 10 or Title 32, United States Code, be granted administrative leave with pay during periods in which the employee is ordered to active or inactive duty for training. Whether continuous or intermittent, such administrative leave with pay shall not exceed seventeen (17) workdays in any one (1) annual period beginning on October 1 and ending September 30, of the following year.
(b) A copy of the official orders shall be filed in the employee's personnel file.
(c) For purposes of counting workdays each work shift of twelve (12) hours or less shall be counted as one (1) workday, and all shifts over twelve (12) hours and up to twenty-four (24) hours shall be counted as two (2) workdays.
(d) Any absence in excess of seventeen (17) workdays will, upon request by the employee and approval by the immediate supervisor if workload requirements permit, be covered by accrued annual leave credits or accrued compensatory leave credits, as chosen by the employee. However, pursuant to paragraph 53-16.005(4)(d), F.A.C., if the employee has a holiday compensatory leave balance accrued after July 1, 1992, such holiday compensatory leave must be used prior to annual leave or other types of compensatory leave. If not requested by the employee or approved by the immediate supervisor as annual or compensatory leave, such absences in excess of seventeen (17) workdays in any one (1) annual period shall be approved as leave without pay; however, such leave shall be without loss of time or efficiency rating.
(6) National Guard.
(a) An employee who is a member of the Florida National Guard shall, upon presentation of a copy of the employee's official orders issued pursuant to Chapter 250, F.S., be granted administrative leave with pay during periods in which the employee is ordered to active state service by the Governor of Florida pursuant to Chapter 250, F.S. Such leave with pay shall not exceed seventeen (17) workdays in any one (1) annual period beginning on October 1 and ending September 30 of the following year.
(b) A copy of the official orders shall be filed in the employee's personnel file.
(c) Any absence in excess of seventeen (17) workdays will, upon request by the employee and approval by the appropriate supervisor if workload requirements permit, be covered by accrued annual leave credits or accrued compensatory leave credits as chosen by the employee. However, pursuant to paragraph 53-16.005(4)(d), F.A.C., if the employee has a holiday compensatory leave balance accrued after July 1, 1992, such holiday compensatory leave must be used prior to annual leave or other types of compensatory leave. If not requested by the employee or approved by the appropriate supervisor as annual or compensatory leave, such absences in excess of seventeen (17) workdays shall be approved as leave without pay; however, such leave shall be without loss of time or efficiency rating.
(7) Examinations for military service. An employee who is ordered to appear for an examination for entrance into the military service shall be granted administrative leave with pay for this purpose.
(8) Death in Immediate Family.
(a) An employee, upon request, shall be granted two (2) days of administrative leave with pay upon the death of any member of the employee's immediate family.
(b) Each employee requesting administrative leave due to death in the immediate family shall submit a statement to the appropriate authority stating the name of the deceased and the relationship to the deceased.
(9) Natural disasters and other emergency conditions.
(a) When the Governor, by Executive Order, declares an emergency, the Secretary shall have the responsibility for determining whether affected facilities or portions thereof which are located in the area covered by the Executive Order are to be closed.
1. Except for those employees necessary for providing essential services, employees assigned to those facilities which have been closed by the Secretary shall be released from duty and granted administrative leave for the period the facility is closed. Those employees who were required to remain on duty to provide essential services shall be granted regular compensatory leave credits for the period the facility was closed and the other employees were granted administrative leave.
2. An employee who was on a prior approved leave of absence or scheduled holiday during the emergency shall not have the leave of absence changed to administrative leave.
3. If the Executive Order issued by the Governor does not specify an ending time and date, the Secretary retains the authority to determine the length of any leave to be granted.
(b) In any other natural disaster which necessitates the closing of facilities in an area, the Secretary shall have the authority and responsibility to determine whether the facilities, or any portion thereof, are affected by the emergency and are to be closed.
(c) For any other emergency other than a natural disaster covered by paragraph 53-16.009(9)(a) or (b), F.A.C., the Secretary shall determine the proper course of action and how employees' attendance and leave will be handled.
(10) Civil Disorder or disaster. Employees who are members of volunteer fire departments, police auxiliaries or reserves, civil defense units, or other similar law enforcement-type organizations, shall be granted administrative leave with pay when such employees are called on as members of these organizations to perform duties in times of civil disturbances, riots, and natural disasters, including employees who are members of the civil air patrol, or coast guard auxiliary who are called upon to assist in emergency search and rescue missions. Such leave shall not exceed two (2) days on any one (1) occasion.
(11) Athletic Competition. An employee who is a group leader, coach, official or athlete who is a member of the official delegation of the United States team for athletic competition on the World, Pan American, or Olympic level in a sport contested in World, Pan American or Olympic competition shall be granted administrative leave with pay for the purpose of preparing for and engaging in the competition for the period of the official training camp and competition, not to exceed thirty (30) calendar days in a calendar year.
(12) Formal Investigation. An employee who is under formal investigation by a governmental authority for violation of a rule or statute for which dismissal is a penalty, will be placed on administrative leave with pay if the employee's presence at the work location would jeopardize the investigation or is not in the best interest of the Lottery.
(13) Disabled Veterans Re-examination or Treatment. An employee who has been rated by the Veterans Administration to have incurred a service-connected disability and has been scheduled by the Veterans Administration to be re-examined or treated for such disability shall, upon presentation of written confirmation of having been so scheduled, be granted administrative leave with pay for such re-examination or treatment without loss of benefits or efficiency rating not to exceed six (6) calendar days in any calendar year.
(14) Family Responsibility Requirements.
(a) Initial and continued participation will depend upon the operational requirements of the Lottery, the immediate supervisor's approval, and shall be limited to relationship to a child in the immediate family.
(b) Each employee shall be granted one and one-half (1 1/2) hours of administrative leave per month, including up to thirty minutes of travel time, to participate in the following family activities:
1. Involvement in local private and public school activities including preschools and kindergarten through high-school; and
2. Involvement with or visitation of children in child care centers.
(c) If an employee does not use administrative leave as authorized in this section, the employee shall not accrue or be paid for such unused leave.
(d) An employee will, upon request, be granted family leave without pay for family responsibilities other than family medical leave for a period not to exceed thirty (30) calendar days per fiscal year if workload requirements permit. Whether continuous or intermittent, eligibility for leave without pay shall commence on July 1 and end on June 30 of each fiscal year. Examples of family responsibilities include:
1. Caring for aging parents;
2. Involvement in settling parents' estates upon their deaths; or
3. Relocating dependent children into private or public schools.
(15) Mentoring and Tutoring Activities.
(a) Each employee shall be granted up to one and one-half (1 1/2) hours of administrative leave per week, including up to thirty minutes of travel time, for participation in tutoring and/or mentoring activities in local education programs. The employee's supervisor may approve the aggregated use of up to four hours of administrative leave in any calendar month, provided the Secretary or the Secretary's designee deems such usage appropriate for the mentoring and/or tutoring activities set forth in paragraph (15)(b) below. If such aggregated use of administrative leave is approved, no further administrative leave shall be granted for mentoring and/or tutoring activities until one week has elapsed for every additional hour and one-half (1 1/2) taken in the aggregate.
(b) Any employee, including an employee without children and an employee who does not have school-age children, may participate in the mentoring and tutoring activities in local public or private schools, including preschools, kindergarten, and grades one (1) through twelve (12). Mentoring and tutoring activities include the following:
1. Tutoring assignments, guest speaking, assisting in career day activities;
2. Participation in the Partners for Excellence program, After-School Homework Center Program or the Take Stock in Children Program; and
3. Other mentoring and tutoring activities or programs with local schools in which the employee's participation is pre-approved by the Lottery.
(c) Initial and continued participation in tutoring or mentoring activities will be contingent upon the operational requirements of the Lottery and upon approval from the employee's immediate supervisor.
(16) Administrative Leave for Protection of Lottery's Best Interests. The Secretary may place an employee on administrative leave with pay when such action is determined to be in the Lottery's best interests, considering factors such as the safety, security, or integrity of the Lottery's employees, business interests, facilities, or other resources.
(17) If an employee does not use administrative leave as authorized in this section, the employee shall not accrue or be paid for such unused leave.
(18) This section applies to employees who are filling authorized and established positions.
(19) All requests for leave pursuant to this rule shall be in writing prior to the initial date of leave, when possible.
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