2012 -- S 2159

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LC00590

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES - MERIT SYSTEM

     Introduced By: Senators Crowley, Lanzi, P Fogarty, DiPalma, and Miller

     Date Introduced: January 18, 2012

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 36-4-63 of the General Laws in Chapter 36-4 entitled "Merit

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System" is hereby amended to read as follows:

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     36-4-63. Sick leave and other leave -- Effect of discharging upon overtime work and

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overtime compensation. -- (a) For each discharge with pay of three (3) consecutive days of sick

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leave, an employee's appointing authority shall require a physician's certificate or other evidence

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satisfactory to the appointing authority. Sick leave is hereby defined to mean a necessary absence

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or absences from duty due to an employee's illness, injury, or exposure to contagious disease. In

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the event that the required evidence satisfactory to the appointing authority is not presented by the

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employee prior to or upon the conclusion of that leave, no payment of any compensation to which

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the employee would otherwise be entitled shall be made and the employee shall be considered for

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all purposes as having been absent without leave.

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      (b) In any given pay period in the event that an employee discharges any sick leave or

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leave of a type referred to in subsection (a) of this section, either with pay or without pay, he or

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she shall be permitted to work overtime only after he or she has worked his or her full thirty-five

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(35) or forty (40) hours, whichever is appropriated for the job classification. This subsection shall

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also apply to leave without pay which is taken by an employee for purposes other than those

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purposes referred to in subsection (a) of this section excluding, specifically, planned vacation

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days, personal days, and leave for death in employee's immediate family.

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      (c) Overtime, for purposes of this section, shall mean the performance of hours of work

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in any work week which are in excess of an employee's established work week schedule, or when

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requested by the employer. Hours which are paid for but not actually worked except planned

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vacation days, personal days, jury duty, and leave for death in the employee's immediate family

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shall not be counted as hours worked nor shall they otherwise be used in computing overtime

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compensation.

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      (d) The provisions of subsection (b) of this section shall not be applicable to employees

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in the nonstandard category.

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      (e) Notwithstanding other subsections of this section, an employee who is granted leave

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with or without pay for the purpose of fulfilling a military obligation shall be eligible to perform

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overtime work.

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      (f) Notwithstanding the provisions of any other law, it shall be unlawful for any state

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agency or any person or persons acting on behalf of the agency, to agree to, or enter into any

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agreement including a collective bargaining agreement or any amendment, modification,

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extension, or replacement thereof, whether verbal or written, which contains provisions that are

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inconsistent with the provisions of this section and the inconsistent provisions shall be null and

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void, whether the provisions result from agreement or the award of an arbitrator or arbitration

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panel under the provisions of chapter 11 of this title.

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     (g) Notwithstanding any other subsection of this section, or provision of the general or

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public laws to the contrary, highway maintenance operators employed by the department of

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transportation granted sick leave during the same payroll period while performing snow removal

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and emergency operations, shall be eligible to perform overtime work.

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     SECTION 2. This act shall take effect upon passage.

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LC00590

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES - MERIT SYSTEM

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     This act would provide that highway maintenance operators shall be eligible for overtime

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work despite being granted sick leave during the same payroll period.

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     This act would take effect upon passage.

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LC00590

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