(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 Milton.
