Florida Department of Education 
CONTACT PERSON NAME: Linda Champion PHONE: (850)488-5142 SUNCOM: 278-5142 May 13, 2002 DPBM: 02-93 MEMORANDUM TO: District School Superintendents FROM: Wayne V. Pierson SUBJECT: TERMINAL SICK LEAVE PAYMENTS This communication is intended to address certain provisions of Section 231.40, F.S., which governs sick leave for school district personnel, in order to clarify the eligibility for terminal sick leave payments of employees in management positions. Section 231.40(3)(a)4., F.S., governs the establishment of school board policies for providing terminal sick leave payments to instructional staff and educational support employees. Paragraph (1)(a) defines education support employee as “…any person employed by a district school board as a teacher assistant; an education paraprofessional; a member of the transportation, operations, maintenance, or food service department; or a secretary or a clerical employee.” This definition does not include any person employed by the district in a confidential or management position, including managers/directors of transportation, operations, maintenance, or food service departments. Therefore, the provisions for terminal leave payments contained in subparagraph (3)(a)4. are not applicable to these employees. Employees in confidential or management positions are governed by the provisions found in subparagraph (3)(a)5., which provides for the establishment of policies for terminal sick leave payments for employees other than instructional staff or education support employees. Please contact our office if you need further assistance. WVP:jb:lc cc: District Finance Officer
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