Volusia County |
Code of Ordinances |
Chapter 86. PERSONNEL |
Article II. MERIT SYSTEM |
Division 15. ATTENDANCE AND LEAVE |
§ 86-526. Payment of unused leave.
Payment for unused annual or sick leave upon separation of any permanent, full-time, and permanent part-time employee in a nonexempt classification hired prior to July 1, 2001, who has not elected to receive personal leave hours shall be determined as follows:
(1)
Annual leave. An employee who has completed the initial probationary period and who separates from the service in good standing shall be paid for all unused annual leave at the hourly rate of pay that such employee was earning on the effective date of separation. An employee who separates and is not in good standing will receive no more than 20 percent of his/her accrued annual leave. The provisions of this subsection are subject to the provisions of subsection (4).
(2)
Sick leave.
a.
Employees with five years of county service who properly resign, are laid off, or otherwise separate in good standing shall be entitled to receive 20 percent of their unused sick leave, not to exceed 208 hours of pay.
b.
Employees terminating prior to five years of service or not in good standing shall not be eligible for payment of any unused sick leave unless recommended by the appointing authority and approved by the county manager. If approved, the amount of payment shall be no more, but may be less, than provided for in subsection (2)a. of this section.
c.
In the event an employee is separated from the county due to death, 50 percent of any unused sick leave balance, not to exceed 520 hours, shall be paid to the employee's designated beneficiary or estate.
d.
Employees who meet all the requirements for retirement under the Florida Retirement System, and who retire from the county in good standing, shall receive payment for 50 percent of their unused sick leave balance, not to exceed 520 hours of pay. A retiree shall be deemed to be an employee who, upon termination from the county services, commences to receive cash benefits from the Florida Retirement System.
(3)
The payment for personal leave upon separation of covered employees assigned to non-exempt classifications shall be governed by section 86-525. The payment for personal leave upon separation of employees assigned to exempt classifications shall be governed by section 86-524.
(4)
Payment to DROP participants of accrued annual leave or accrued personal leave upon election. Any employee who is eligible to earn annual leave, or personal leave, and becomes a DROP participant as defined by the Florida Retirement System, shall be permitted to cash-in up to 500 hours of annual leave or 62.5 days of personal leave without separating from employment. At the time of separation (within 60 months from DROP date), the maximum allowable leave permitted for cash-in upon retirement or termination, shall be reduced by the number of annual leave hours, or personal leave days, that were cashed-in for DROP (retirement credit).
Any employee applying for benefits under this policy shall be ineligible for any other retirement incentive benefits that would be otherwise provided to retiring county employees.
(Ord. No. 98-11, § I, 6-11-98; Ord. No. 01-11, § 3, 5-3-01; Ord. No. 2017-27, § I, 11-16-17)