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Rules of the School Board of Palm Beach County, Florida
Title 6Gx50
Chapter 3. Personnel

Prev.   Section 3.20   Next

Policy 3.20Resignation and Termination of Employment

  1. Resignation.-- During the employment period, if an employee seeks to resign, the employee shall complete the relevant portions of the voluntary resignation/termination form (PBSD 1176) and submit the form to the principal or department head for signature. This form 1176 can be found on the District's website at www.palmbeach.k12.fl.us/Records/FormSearch.asp and is incorporated herein by reference. Each such resignation shall be subject to the approval or disapproval of the Board.

    1. All resignations shall be filed with the principal or department head no later than ten working days prior to the proposed effective date of the resignation. Failure to give the prescribed notice may be cause for disapproval of the resignation. The Superintendent or his or her designee, however, upon good cause shown, may recommend the prescribed notice not be required based upon the needs of the District.

    2. The effective date of any resignation shall be as follows: either a) the last duty day the employee is physically on duty unless the employee is by necessity required to resign while on sick leave or authorized extended leave approved by the School Board; or b) the date assigned by Employee Relations if the employee failed to respond to the ten (10) day letter notice to report to work.

    3. Personnel on annual appointment may resign from employment at the end of a contract period by requesting not to be reappointed or by declining reappointment. The option under these circumstances lies with the employee and is without prejudice.

    4. Prior to Board action, to accept the voluntary resignation, the Superintendent shall indicate a recommendation to the Board.

    5. Should instructional personnel, as defined in Fla. Stat. 1012.01(2), terminate employment without the expressed approval of the Board, the employee shall be subject to the disciplinary process of the Educational Practices Commission. In view of the possible consequences, any employee subject to this policy should assure before leaving a position that the Board has accepted or will accept the resignation.

  2. Termination of Interim Employee.-- Employees who are employed on an interim basis may be terminated prior to the close of the interim employment period upon three (3) days written notice prior to the actual date of termination. The principal or department head shall complete the relevant portions of the Employee Resignation/Termination form PBSD 1176, which is referenced above.

  3. Termination of Temporary Employee.-- Temporary employees who have no expectation of continuous employment with the District may be terminated at any time during employment. The principal or department head shall complete the relevant portions of the Employee Resignation/Termination form PBSD 1176, which is referenced above.

  4. Terminal Pay for Unused Sick Leave

    1. Personnel who resign, terminate, or retire with a minimum of six (6) years of service employment, shall receive compensation for unused sick leave, pursuant to Fla. Stat. 1012.61 (2)(a)(4) or 1012.61(2)(a)(5). Personnel whose employment is terminated by death and the beneficiary(ies) shall receive payment for accrued sick leave pursuant to Fla. Stat. 1012.61(2)(a)4 or 5. All personnel shall be compensated at the hourly rate in which it is earned.

    2. Employees not covered by a collective bargaining agreement who retire, resign, or who otherwise terminate employment who have ten or more years of continuous service with the District are required to participate at the time of resignation, regular retirement, entering DROP or terminating from DROP in the 401(a) National Government Retirement Plan. This is a tax savings plan for all employees who are not covered under collective bargaining units.

      1. Sick leave pay will be placed into the Plan to the Plan's maximum IRS limit on the following schedule.

        1. End of fiscal year one -- 20%;

        2. End of fiscal year two -- 25%;

        3. End of fiscal year three -- 33.33%;

        4. End of fiscal year four -- 50%;

        5. End of fiscal year five -- 100%.

      2. Should the employee exit DROP early, the balance shall be paid to the Plan's maximum IRS limit. In the case of resignations, at the time of separation, personnel may request to transfer unused sick leave to other FRS agencies provided they are not eligible for the above Plan.

  5. Unused Annual Leave

    1. Employees who accrue annual time and who are in DROP not covered by a collective bargaining agreement who have ten (10) or more years of continuous service with the District will have the choice of placing up to a maximum of 480 hours of annual leave into the 401(a) National Government Retirement Plan at the beginning of DROP or at the completion of DROP not to exceed the maximum established by the Florida Statutes.

    2. Upon employment termination, employees who have accrued annual time and who are not in DROP will be paid out the maximum established by the Florida Statutes as terminal annual leave pay.

  6. If the provisions of a collective bargaining agreement conflict with this Policy, the provisions of the collective bargaining agreement will prevail.

STATUTORY AUTHORITY:Fla. Stat. 1001.32(2)1001.41(1) & (2); 1001.42(5) & (23); 1001.43(11),
LAWS IMPLEMENTED:Fla. Stat. 1012.22(1) & (2); 1012.23(1); 1012.61,
HISTORY:11/29/76; 6/16/82; 01/16/2008