201413 -- H 7025

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LC003094

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES - MERIT SYSTEM

     Introduced By: Representatives Lombardi, O`Neill, and Canario

     Date Introduced: January 08, 2014

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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

System" is hereby amended to read as follows:

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

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

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

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

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

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

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

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

all purposes as having been absent without leave.

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

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

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

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

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

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

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

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

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

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

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

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

compensation.

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

in the nonstandard category.

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

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

overtime work.

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

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

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

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

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

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

panel under the provisions of chapter 11 of this title.

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

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

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

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

     SECTION 2. This act shall take effect upon passage.

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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

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

     This act would take effect upon passage.

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LC003094

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