State Codes and Statutes

Statutes > California > Gov > 19859-19868.3

GOVERNMENT CODE
SECTION 19859-19868.3



19859.  (a) Following completion of one month of continuous service,
except as otherwise provided in Section 19863.1, each state officer
and employee who is employed full time shall be allowed one day of
credit for sick leave with pay. Thereafter, for each additional
calendar month of service, except as provided in Section 19861, one
day of credit for sick leave with pay shall be allowed. Each state
officer or employee is entitled to this leave with pay, on the
submission of satisfactory proof of the necessity for sick leave as
provided by rule of the department. For purposes of computing sick
leave, each employee shall be considered to work not more than five
days each week. The department shall provide by rule for the
regulation and method of accumulation of sick leave for civil service
employees, and may provide sick leave for those who work less than
full time. Subject to department rule sick leave may be granted to
employees for the purpose of physical examinations.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19859.3.  (a) Any permanent employee who is either excluded from the
definition of state employee in subdivision (c) of Section 3513, or
is a nonelected officer or employee of the executive branch of
government who is not a member of the civil service, shall be granted
bereavement leave with pay for the death of a person related by
blood, adoption, or marriage, or any person residing in the immediate
household of the employee at the time of death. The employee shall
give advance notice to the employee's immediate supervisor and shall
provide substantiation to support the request.
   (b) For any one occurrence, the bereavement leave shall not exceed
three days. However, if the death occurred outside this state, a
request for two additional days of bereavement leave shall be
granted, at the option of the employee, as either without pay or as a
charge against any accrued sick leave credit.
   (c) If additional bereavement leave is necessary, the employee may
use accrued vacation, compensating time off, or take an authorized
leave without pay, subject to the approval of the appointing power.



19860.  The department may provide by rule for the regulation and
accumulation of sick leave credits on an hourly basis for all or
certain designated employees. The rate of accrual shall be
substantially proportionate to eight hours per month, with amounts
earned credited at the end of each pay period.



19861.  (a) It shall be within the discretion of the department to
define the effect of an absence from the payroll of 10 working days
or less in any calendar month upon credit for sick leave.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19862.  (a) Sick leave may be accumulated, and no additional sick
leave with pay beyond that accumulated shall be granted, except as
provided in Section 19863. 1.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19862.1.  (a) The department may provide by rule for crediting to
the sick leave account of an employee formerly employed in a state
position exempt from civil service any unused sick leave standing to
the employee's credit at the time of separation from such a position;
provided, the employee entered other state service not more than six
months after separating from his exempt employment; and provided,
such credit may not exceed the amount it would have been if such
employment had been in the state civil service.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.


19863.  (a) Except as provided in Article 4 (commencing with Section
19869), a state officer or employee who is or may be entitled to
temporary disability indemnity under Division 4 (commencing with
Section 3200) or Division 4.5 (commencing with Section 6100) of the
Labor Code shall receive any accumulated sick leave, or accumulated
compensable overtime, or accumulated vacation, or accumulated annual
leave for the absence. The appointing power shall decrease the charge
of sick leave, or compensable overtime, or vacation, or annual leave
in the amount of temporary disability payment received so that the
state officer or employee shall not receive payment in excess of full
salary or wage.
   If a state officer or employee does not wish to use his or her
accumulated sick leave, or accumulated compensable overtime, or
accumulated vacation, or accumulated annual leave, he or she shall
notify his or her appointing power within 15 days after the injury is
reported to the appointing power. After the 15 days his or her
accumulations shall be used until the date he or she notifies the
appointing power in writing that he or she no longer wishes to use
the accumulations. When computing sick leave, or overtime, or
vacation, or annual leave under this section the employee shall be
given credit for any holidays that occur during the period of absence
hereunder.
   He or she is nevertheless entitled to medical, surgical, and
hospital treatment as provided in the Labor Code. When his or her
accumulated sick leave, or overtime, or vacation, or annual leave, or
all, are exhausted, he or she is still entitled to receive
disability indemnity.
   (b) State officers and employees who are covered by Article 4
(commencing with Section 19869) shall be entitled to industrial and
temporary disability benefits only as provided by that article.
   (c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19863.1.  (a) Notwithstanding any other provision of the law to the
contrary, a state officer or employee who is entitled to temporary
disability indemnity or vocational rehabilitation maintenance
allowance under Division 4 (commencing with Section 3200) or Division
4.5 (commencing with Section 6100) of the Labor Code as a result of
an industrial accident or injury shall earn sick leave and vacation
leave or annual leave as though the employee was working. The state
officer or employee who is receiving temporary disability or
vocational rehabilitation maintenance allowance shall be permitted to
supplement the payments with any form of leave credits.
Supplementation of leave credits combined with vocational
rehabilitation maintenance allowance shall not exceed the employee's
full pay less mandatory withholdings.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19864.  (a) The department may provide by rule for sick leave or
annual leave without pay for those employees who have used all sick
leave or annual leave with pay to which they are entitled.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, or Chapter 12 (commencing with Section 3560) of
Division 4 of Title 1, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.



19865.  No state employee who is an inmate or member of any state
institution and who is employed on a full or part time basis shall be
entitled to receive pay for any absence attributable to sickness.



19865.1.  When an employee uses sick leave, vacation, annual leave,
or any combination of these, because of an injury compensable under
the Labor Code, and the state is reimbursed by a third person for its
damages by reason of such use, there shall be granted, for credit to
the employee's sick leave or vacation or annual leave account, sick
leave or vacation or annual leave equivalent to the amount so used or
proportionately if reimbursement is only in part. If the state does
not collect from the third person the full amount of the compensation
paid and other damages for which it is liable to the employee and if
the amount collected is not itemized so that there may be
ascertained the amount collected in reimbursement for the sick leave
or vacation or annual leave used, the sick leave or vacation or
annual leave to be credited shall be in the same ratio to the sick
leave or vacation or annual leave used as the total amount collected
bears to the total amount of the state's damages. "Sick leave" or
"vacation" or "annual leave" as used in this rule includes sick leave
or vacation or annual leave credit used to augment disability
indemnity.



19866.  (a) The appointing power of any officer or employee not a
member of the civil service shall administer the sick leave
authorized by this part for the officers or employees in accordance
with the rules of the department.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19867.  (a) The Legislature finds and declares that the interests of
the state would be served by the Department of Personnel
Administration meeting and conferring with the exclusive
representatives of the various bargaining units to discuss the
establishment of long-term care benefits for state employees.
   (b) If long-term care insurance plans are not available to state
employees within one year following the date on which any long-term
care plan is first offered for enrollment by the Board of
Administration of the Public Employees' Retirement System, state
employees may enroll in the long-term care insurance plans offered by
the Board of Administration of the Public Employees' Retirement
System.
   (c) If subdivision (b) is in conflict with a memorandum of
understanding entered into pursuant to Section 3517.5, the memorandum
of understanding shall prevail and control without further
legislative action, except that if the prevailing provisions of a
memorandum of understanding require the expenditure of funds, these
provisions may not become effective unless approved by the
Legislature in the annual Budget Act.
   (d) The Department of Personnel Administration may enter into
contracts with the Board of Administration of the Public Employees'
Retirement System to allow active eligible state employees, and their
spouses and parents, to enroll in any long-term care insurance plans
offered by the Board of Administration.



19868.  Any employee of the State Department of Health performing
functions which, prior to July 1, 1973, were vested in the Department
of Mental Hygiene and who is transferred on and after July 1, 1972,
to county or local mental health programs as a result of state
hospital closures or scheduled state hospital closures or as a result
of a county undertaking the performance of mental health functions
previously performed by the State Department of Health shall be
entitled while employed in a county or local mental health program,
to use for a period of five years following transfer any unused sick
leave balance the employee had accumulated while in state employment
and had remaining to his or her credit at the time of termination of
state employment. Such sick leave shall be held in a reserve account
by the state to be used, if necessary, only at such time as the
transferred employee's sick leave benefits accrued as a county
employee become exhausted. When county sick leave benefits are
exhausted such employee shall be entitled to utilize his or her state
reserve account sick leave, until exhausted. The state reserve
account for sick leave shall be administered according to the sick
leave provisions of Division 5 (commencing with Section 18000) of
Title 2 and corresponding department rules. Upon reemployment with
the state, a transferred employee's sick leave credits will be
reduced by the number of hours used from the state reserve during his
or her employment in the county or local mental health program. The
cost of preserving and paying for the state reserve account sick
leave shall be totally funded by the state.



19868.1.  For the purposes of Sections 19859, 19860, 19861, 19862,
19862.1, 19863, 19863.1, 19864, 19865.1, 19866, and 19868, sick leave
benefits provided to state employees pursuant to the state sick
leave system shall be construed to mean compensation paid to
employees on approved leaves of absence on account of sickness.




19868.2.  Notwithstanding any other provision of law to the
contrary, whenever sick leave benefits are provided to state
employees pursuant to the state sick leave system, such benefits
shall be construed to mean compensation paid to employees on approved
leaves of absence on account of sickness.



19868.3.  Any employee of the State Department of Developmental
Services performing functions which, prior to September 9, 1981, were
vested in the State Department of Developmental Services, and who is
transferred on or after September 9, 1981, to a regional center for
the developmentally disabled as a result of a regional center
undertaking the performance of developmental service functions
previously performed by the department, shall be entitled, while
employed in a regional center, to use for a period of five years
following transfer any unused sick leave balance the employee had
accumulated while in state employment and had remaining to his or her
credit at the time of termination of state employment. This sick
leave shall be held in a reserve account by the state to be used, if
necessary, only at such time as the transferred employee's sick leave
benefits accrued as a regional center employee become exhausted.
When regional center sick leave benefits are exhausted, the employee
shall be entitled to utilize his or her state reserve account sick
leave until exhausted. The state reserve account for sick leave shall
be administered according to the sick leave provisions of this
article and corresponding department rules. Upon reemployment with
the state, a transferred employee's sick leave credits shall be
reduced by the number of hours used from the state reserve during his
or her employment in the regional center. The cost of preserving and
paying for the state reserve account sick leave shall be totally
funded by the state.


State Codes and Statutes

Statutes > California > Gov > 19859-19868.3

GOVERNMENT CODE
SECTION 19859-19868.3



19859.  (a) Following completion of one month of continuous service,
except as otherwise provided in Section 19863.1, each state officer
and employee who is employed full time shall be allowed one day of
credit for sick leave with pay. Thereafter, for each additional
calendar month of service, except as provided in Section 19861, one
day of credit for sick leave with pay shall be allowed. Each state
officer or employee is entitled to this leave with pay, on the
submission of satisfactory proof of the necessity for sick leave as
provided by rule of the department. For purposes of computing sick
leave, each employee shall be considered to work not more than five
days each week. The department shall provide by rule for the
regulation and method of accumulation of sick leave for civil service
employees, and may provide sick leave for those who work less than
full time. Subject to department rule sick leave may be granted to
employees for the purpose of physical examinations.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19859.3.  (a) Any permanent employee who is either excluded from the
definition of state employee in subdivision (c) of Section 3513, or
is a nonelected officer or employee of the executive branch of
government who is not a member of the civil service, shall be granted
bereavement leave with pay for the death of a person related by
blood, adoption, or marriage, or any person residing in the immediate
household of the employee at the time of death. The employee shall
give advance notice to the employee's immediate supervisor and shall
provide substantiation to support the request.
   (b) For any one occurrence, the bereavement leave shall not exceed
three days. However, if the death occurred outside this state, a
request for two additional days of bereavement leave shall be
granted, at the option of the employee, as either without pay or as a
charge against any accrued sick leave credit.
   (c) If additional bereavement leave is necessary, the employee may
use accrued vacation, compensating time off, or take an authorized
leave without pay, subject to the approval of the appointing power.



19860.  The department may provide by rule for the regulation and
accumulation of sick leave credits on an hourly basis for all or
certain designated employees. The rate of accrual shall be
substantially proportionate to eight hours per month, with amounts
earned credited at the end of each pay period.



19861.  (a) It shall be within the discretion of the department to
define the effect of an absence from the payroll of 10 working days
or less in any calendar month upon credit for sick leave.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19862.  (a) Sick leave may be accumulated, and no additional sick
leave with pay beyond that accumulated shall be granted, except as
provided in Section 19863. 1.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19862.1.  (a) The department may provide by rule for crediting to
the sick leave account of an employee formerly employed in a state
position exempt from civil service any unused sick leave standing to
the employee's credit at the time of separation from such a position;
provided, the employee entered other state service not more than six
months after separating from his exempt employment; and provided,
such credit may not exceed the amount it would have been if such
employment had been in the state civil service.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.


19863.  (a) Except as provided in Article 4 (commencing with Section
19869), a state officer or employee who is or may be entitled to
temporary disability indemnity under Division 4 (commencing with
Section 3200) or Division 4.5 (commencing with Section 6100) of the
Labor Code shall receive any accumulated sick leave, or accumulated
compensable overtime, or accumulated vacation, or accumulated annual
leave for the absence. The appointing power shall decrease the charge
of sick leave, or compensable overtime, or vacation, or annual leave
in the amount of temporary disability payment received so that the
state officer or employee shall not receive payment in excess of full
salary or wage.
   If a state officer or employee does not wish to use his or her
accumulated sick leave, or accumulated compensable overtime, or
accumulated vacation, or accumulated annual leave, he or she shall
notify his or her appointing power within 15 days after the injury is
reported to the appointing power. After the 15 days his or her
accumulations shall be used until the date he or she notifies the
appointing power in writing that he or she no longer wishes to use
the accumulations. When computing sick leave, or overtime, or
vacation, or annual leave under this section the employee shall be
given credit for any holidays that occur during the period of absence
hereunder.
   He or she is nevertheless entitled to medical, surgical, and
hospital treatment as provided in the Labor Code. When his or her
accumulated sick leave, or overtime, or vacation, or annual leave, or
all, are exhausted, he or she is still entitled to receive
disability indemnity.
   (b) State officers and employees who are covered by Article 4
(commencing with Section 19869) shall be entitled to industrial and
temporary disability benefits only as provided by that article.
   (c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19863.1.  (a) Notwithstanding any other provision of the law to the
contrary, a state officer or employee who is entitled to temporary
disability indemnity or vocational rehabilitation maintenance
allowance under Division 4 (commencing with Section 3200) or Division
4.5 (commencing with Section 6100) of the Labor Code as a result of
an industrial accident or injury shall earn sick leave and vacation
leave or annual leave as though the employee was working. The state
officer or employee who is receiving temporary disability or
vocational rehabilitation maintenance allowance shall be permitted to
supplement the payments with any form of leave credits.
Supplementation of leave credits combined with vocational
rehabilitation maintenance allowance shall not exceed the employee's
full pay less mandatory withholdings.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19864.  (a) The department may provide by rule for sick leave or
annual leave without pay for those employees who have used all sick
leave or annual leave with pay to which they are entitled.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, or Chapter 12 (commencing with Section 3560) of
Division 4 of Title 1, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.



19865.  No state employee who is an inmate or member of any state
institution and who is employed on a full or part time basis shall be
entitled to receive pay for any absence attributable to sickness.



19865.1.  When an employee uses sick leave, vacation, annual leave,
or any combination of these, because of an injury compensable under
the Labor Code, and the state is reimbursed by a third person for its
damages by reason of such use, there shall be granted, for credit to
the employee's sick leave or vacation or annual leave account, sick
leave or vacation or annual leave equivalent to the amount so used or
proportionately if reimbursement is only in part. If the state does
not collect from the third person the full amount of the compensation
paid and other damages for which it is liable to the employee and if
the amount collected is not itemized so that there may be
ascertained the amount collected in reimbursement for the sick leave
or vacation or annual leave used, the sick leave or vacation or
annual leave to be credited shall be in the same ratio to the sick
leave or vacation or annual leave used as the total amount collected
bears to the total amount of the state's damages. "Sick leave" or
"vacation" or "annual leave" as used in this rule includes sick leave
or vacation or annual leave credit used to augment disability
indemnity.



19866.  (a) The appointing power of any officer or employee not a
member of the civil service shall administer the sick leave
authorized by this part for the officers or employees in accordance
with the rules of the department.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19867.  (a) The Legislature finds and declares that the interests of
the state would be served by the Department of Personnel
Administration meeting and conferring with the exclusive
representatives of the various bargaining units to discuss the
establishment of long-term care benefits for state employees.
   (b) If long-term care insurance plans are not available to state
employees within one year following the date on which any long-term
care plan is first offered for enrollment by the Board of
Administration of the Public Employees' Retirement System, state
employees may enroll in the long-term care insurance plans offered by
the Board of Administration of the Public Employees' Retirement
System.
   (c) If subdivision (b) is in conflict with a memorandum of
understanding entered into pursuant to Section 3517.5, the memorandum
of understanding shall prevail and control without further
legislative action, except that if the prevailing provisions of a
memorandum of understanding require the expenditure of funds, these
provisions may not become effective unless approved by the
Legislature in the annual Budget Act.
   (d) The Department of Personnel Administration may enter into
contracts with the Board of Administration of the Public Employees'
Retirement System to allow active eligible state employees, and their
spouses and parents, to enroll in any long-term care insurance plans
offered by the Board of Administration.



19868.  Any employee of the State Department of Health performing
functions which, prior to July 1, 1973, were vested in the Department
of Mental Hygiene and who is transferred on and after July 1, 1972,
to county or local mental health programs as a result of state
hospital closures or scheduled state hospital closures or as a result
of a county undertaking the performance of mental health functions
previously performed by the State Department of Health shall be
entitled while employed in a county or local mental health program,
to use for a period of five years following transfer any unused sick
leave balance the employee had accumulated while in state employment
and had remaining to his or her credit at the time of termination of
state employment. Such sick leave shall be held in a reserve account
by the state to be used, if necessary, only at such time as the
transferred employee's sick leave benefits accrued as a county
employee become exhausted. When county sick leave benefits are
exhausted such employee shall be entitled to utilize his or her state
reserve account sick leave, until exhausted. The state reserve
account for sick leave shall be administered according to the sick
leave provisions of Division 5 (commencing with Section 18000) of
Title 2 and corresponding department rules. Upon reemployment with
the state, a transferred employee's sick leave credits will be
reduced by the number of hours used from the state reserve during his
or her employment in the county or local mental health program. The
cost of preserving and paying for the state reserve account sick
leave shall be totally funded by the state.



19868.1.  For the purposes of Sections 19859, 19860, 19861, 19862,
19862.1, 19863, 19863.1, 19864, 19865.1, 19866, and 19868, sick leave
benefits provided to state employees pursuant to the state sick
leave system shall be construed to mean compensation paid to
employees on approved leaves of absence on account of sickness.




19868.2.  Notwithstanding any other provision of law to the
contrary, whenever sick leave benefits are provided to state
employees pursuant to the state sick leave system, such benefits
shall be construed to mean compensation paid to employees on approved
leaves of absence on account of sickness.



19868.3.  Any employee of the State Department of Developmental
Services performing functions which, prior to September 9, 1981, were
vested in the State Department of Developmental Services, and who is
transferred on or after September 9, 1981, to a regional center for
the developmentally disabled as a result of a regional center
undertaking the performance of developmental service functions
previously performed by the department, shall be entitled, while
employed in a regional center, to use for a period of five years
following transfer any unused sick leave balance the employee had
accumulated while in state employment and had remaining to his or her
credit at the time of termination of state employment. This sick
leave shall be held in a reserve account by the state to be used, if
necessary, only at such time as the transferred employee's sick leave
benefits accrued as a regional center employee become exhausted.
When regional center sick leave benefits are exhausted, the employee
shall be entitled to utilize his or her state reserve account sick
leave until exhausted. The state reserve account for sick leave shall
be administered according to the sick leave provisions of this
article and corresponding department rules. Upon reemployment with
the state, a transferred employee's sick leave credits shall be
reduced by the number of hours used from the state reserve during his
or her employment in the regional center. The cost of preserving and
paying for the state reserve account sick leave shall be totally
funded by the state.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 19859-19868.3

GOVERNMENT CODE
SECTION 19859-19868.3



19859.  (a) Following completion of one month of continuous service,
except as otherwise provided in Section 19863.1, each state officer
and employee who is employed full time shall be allowed one day of
credit for sick leave with pay. Thereafter, for each additional
calendar month of service, except as provided in Section 19861, one
day of credit for sick leave with pay shall be allowed. Each state
officer or employee is entitled to this leave with pay, on the
submission of satisfactory proof of the necessity for sick leave as
provided by rule of the department. For purposes of computing sick
leave, each employee shall be considered to work not more than five
days each week. The department shall provide by rule for the
regulation and method of accumulation of sick leave for civil service
employees, and may provide sick leave for those who work less than
full time. Subject to department rule sick leave may be granted to
employees for the purpose of physical examinations.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19859.3.  (a) Any permanent employee who is either excluded from the
definition of state employee in subdivision (c) of Section 3513, or
is a nonelected officer or employee of the executive branch of
government who is not a member of the civil service, shall be granted
bereavement leave with pay for the death of a person related by
blood, adoption, or marriage, or any person residing in the immediate
household of the employee at the time of death. The employee shall
give advance notice to the employee's immediate supervisor and shall
provide substantiation to support the request.
   (b) For any one occurrence, the bereavement leave shall not exceed
three days. However, if the death occurred outside this state, a
request for two additional days of bereavement leave shall be
granted, at the option of the employee, as either without pay or as a
charge against any accrued sick leave credit.
   (c) If additional bereavement leave is necessary, the employee may
use accrued vacation, compensating time off, or take an authorized
leave without pay, subject to the approval of the appointing power.



19860.  The department may provide by rule for the regulation and
accumulation of sick leave credits on an hourly basis for all or
certain designated employees. The rate of accrual shall be
substantially proportionate to eight hours per month, with amounts
earned credited at the end of each pay period.



19861.  (a) It shall be within the discretion of the department to
define the effect of an absence from the payroll of 10 working days
or less in any calendar month upon credit for sick leave.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19862.  (a) Sick leave may be accumulated, and no additional sick
leave with pay beyond that accumulated shall be granted, except as
provided in Section 19863. 1.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19862.1.  (a) The department may provide by rule for crediting to
the sick leave account of an employee formerly employed in a state
position exempt from civil service any unused sick leave standing to
the employee's credit at the time of separation from such a position;
provided, the employee entered other state service not more than six
months after separating from his exempt employment; and provided,
such credit may not exceed the amount it would have been if such
employment had been in the state civil service.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.


19863.  (a) Except as provided in Article 4 (commencing with Section
19869), a state officer or employee who is or may be entitled to
temporary disability indemnity under Division 4 (commencing with
Section 3200) or Division 4.5 (commencing with Section 6100) of the
Labor Code shall receive any accumulated sick leave, or accumulated
compensable overtime, or accumulated vacation, or accumulated annual
leave for the absence. The appointing power shall decrease the charge
of sick leave, or compensable overtime, or vacation, or annual leave
in the amount of temporary disability payment received so that the
state officer or employee shall not receive payment in excess of full
salary or wage.
   If a state officer or employee does not wish to use his or her
accumulated sick leave, or accumulated compensable overtime, or
accumulated vacation, or accumulated annual leave, he or she shall
notify his or her appointing power within 15 days after the injury is
reported to the appointing power. After the 15 days his or her
accumulations shall be used until the date he or she notifies the
appointing power in writing that he or she no longer wishes to use
the accumulations. When computing sick leave, or overtime, or
vacation, or annual leave under this section the employee shall be
given credit for any holidays that occur during the period of absence
hereunder.
   He or she is nevertheless entitled to medical, surgical, and
hospital treatment as provided in the Labor Code. When his or her
accumulated sick leave, or overtime, or vacation, or annual leave, or
all, are exhausted, he or she is still entitled to receive
disability indemnity.
   (b) State officers and employees who are covered by Article 4
(commencing with Section 19869) shall be entitled to industrial and
temporary disability benefits only as provided by that article.
   (c) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19863.1.  (a) Notwithstanding any other provision of the law to the
contrary, a state officer or employee who is entitled to temporary
disability indemnity or vocational rehabilitation maintenance
allowance under Division 4 (commencing with Section 3200) or Division
4.5 (commencing with Section 6100) of the Labor Code as a result of
an industrial accident or injury shall earn sick leave and vacation
leave or annual leave as though the employee was working. The state
officer or employee who is receiving temporary disability or
vocational rehabilitation maintenance allowance shall be permitted to
supplement the payments with any form of leave credits.
Supplementation of leave credits combined with vocational
rehabilitation maintenance allowance shall not exceed the employee's
full pay less mandatory withholdings.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19864.  (a) The department may provide by rule for sick leave or
annual leave without pay for those employees who have used all sick
leave or annual leave with pay to which they are entitled.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, or Chapter 12 (commencing with Section 3560) of
Division 4 of Title 1, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.



19865.  No state employee who is an inmate or member of any state
institution and who is employed on a full or part time basis shall be
entitled to receive pay for any absence attributable to sickness.



19865.1.  When an employee uses sick leave, vacation, annual leave,
or any combination of these, because of an injury compensable under
the Labor Code, and the state is reimbursed by a third person for its
damages by reason of such use, there shall be granted, for credit to
the employee's sick leave or vacation or annual leave account, sick
leave or vacation or annual leave equivalent to the amount so used or
proportionately if reimbursement is only in part. If the state does
not collect from the third person the full amount of the compensation
paid and other damages for which it is liable to the employee and if
the amount collected is not itemized so that there may be
ascertained the amount collected in reimbursement for the sick leave
or vacation or annual leave used, the sick leave or vacation or
annual leave to be credited shall be in the same ratio to the sick
leave or vacation or annual leave used as the total amount collected
bears to the total amount of the state's damages. "Sick leave" or
"vacation" or "annual leave" as used in this rule includes sick leave
or vacation or annual leave credit used to augment disability
indemnity.



19866.  (a) The appointing power of any officer or employee not a
member of the civil service shall administer the sick leave
authorized by this part for the officers or employees in accordance
with the rules of the department.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.



19867.  (a) The Legislature finds and declares that the interests of
the state would be served by the Department of Personnel
Administration meeting and conferring with the exclusive
representatives of the various bargaining units to discuss the
establishment of long-term care benefits for state employees.
   (b) If long-term care insurance plans are not available to state
employees within one year following the date on which any long-term
care plan is first offered for enrollment by the Board of
Administration of the Public Employees' Retirement System, state
employees may enroll in the long-term care insurance plans offered by
the Board of Administration of the Public Employees' Retirement
System.
   (c) If subdivision (b) is in conflict with a memorandum of
understanding entered into pursuant to Section 3517.5, the memorandum
of understanding shall prevail and control without further
legislative action, except that if the prevailing provisions of a
memorandum of understanding require the expenditure of funds, these
provisions may not become effective unless approved by the
Legislature in the annual Budget Act.
   (d) The Department of Personnel Administration may enter into
contracts with the Board of Administration of the Public Employees'
Retirement System to allow active eligible state employees, and their
spouses and parents, to enroll in any long-term care insurance plans
offered by the Board of Administration.



19868.  Any employee of the State Department of Health performing
functions which, prior to July 1, 1973, were vested in the Department
of Mental Hygiene and who is transferred on and after July 1, 1972,
to county or local mental health programs as a result of state
hospital closures or scheduled state hospital closures or as a result
of a county undertaking the performance of mental health functions
previously performed by the State Department of Health shall be
entitled while employed in a county or local mental health program,
to use for a period of five years following transfer any unused sick
leave balance the employee had accumulated while in state employment
and had remaining to his or her credit at the time of termination of
state employment. Such sick leave shall be held in a reserve account
by the state to be used, if necessary, only at such time as the
transferred employee's sick leave benefits accrued as a county
employee become exhausted. When county sick leave benefits are
exhausted such employee shall be entitled to utilize his or her state
reserve account sick leave, until exhausted. The state reserve
account for sick leave shall be administered according to the sick
leave provisions of Division 5 (commencing with Section 18000) of
Title 2 and corresponding department rules. Upon reemployment with
the state, a transferred employee's sick leave credits will be
reduced by the number of hours used from the state reserve during his
or her employment in the county or local mental health program. The
cost of preserving and paying for the state reserve account sick
leave shall be totally funded by the state.



19868.1.  For the purposes of Sections 19859, 19860, 19861, 19862,
19862.1, 19863, 19863.1, 19864, 19865.1, 19866, and 19868, sick leave
benefits provided to state employees pursuant to the state sick
leave system shall be construed to mean compensation paid to
employees on approved leaves of absence on account of sickness.




19868.2.  Notwithstanding any other provision of law to the
contrary, whenever sick leave benefits are provided to state
employees pursuant to the state sick leave system, such benefits
shall be construed to mean compensation paid to employees on approved
leaves of absence on account of sickness.



19868.3.  Any employee of the State Department of Developmental
Services performing functions which, prior to September 9, 1981, were
vested in the State Department of Developmental Services, and who is
transferred on or after September 9, 1981, to a regional center for
the developmentally disabled as a result of a regional center
undertaking the performance of developmental service functions
previously performed by the department, shall be entitled, while
employed in a regional center, to use for a period of five years
following transfer any unused sick leave balance the employee had
accumulated while in state employment and had remaining to his or her
credit at the time of termination of state employment. This sick
leave shall be held in a reserve account by the state to be used, if
necessary, only at such time as the transferred employee's sick leave
benefits accrued as a regional center employee become exhausted.
When regional center sick leave benefits are exhausted, the employee
shall be entitled to utilize his or her state reserve account sick
leave until exhausted. The state reserve account for sick leave shall
be administered according to the sick leave provisions of this
article and corresponding department rules. Upon reemployment with
the state, a transferred employee's sick leave credits shall be
reduced by the number of hours used from the state reserve during his
or her employment in the regional center. The cost of preserving and
paying for the state reserve account sick leave shall be totally
funded by the state.