45190. Governing boards of school districts may grant leaves of
absence and vacations, with or without pay, to persons employed in
the classified service of the district.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45191. Every classified employee employed five days a week by a
school district shall be entitled to 12 days leave of absence for
illness or injury and such additional days, in addition thereto, as
the governing board may allow for illness or injury, exclusive of all
days he is not required to render service to the district, with full
pay for a fiscal year of service.
A classified employee, employed five days a week, who is employed
for less than a full fiscal year is entitled to that proportion of 12
days leave of absence for illness or injury as the number of months
he is employed bears to 12 and the proportionate amount, consistent
with this formula, of such additional days, in addition thereto,
authorized by the governing board for classified employees employed
five days a week for a full fiscal year of service.
A classified employee employed less than five days per week shall
be entitled, for a fiscal year of service, to that proportion of 12
days leave of absence for illness or injury as the number of days he
is employed per week bears to five and is entitled to the
proportionate amount, consistent with this formula, of such
additional days, in addition thereto, authorized by the governing
board for classified employees employed five days a week for a full
fiscal year of service. When such persons are employed for less than
a full fiscal year of service this and the preceding paragraph shall
determine that proportion of leave of absence for illness or injury
to which they are entitled.
Pay for any day of such absence shall be the same as the pay which
would have been received had the employee served during the day.
Credit for leave of absence need not be accrued prior to taking such
leave by the employee and such leave of absence may be taken at any
time during the year. However, a new employee of a district shall not
be eligible to take more than six days, or the proportionate amount
to which he may be entitled under this section, until the first day
of the calendar month after completion of six months of active
service with the district.
If such employee does not take the full amount of leave allowed in
any year under this section the amount not taken shall be
accumulated from year to year with such additional days as the
governing board may allow.
The governing board of each school district shall adopt rules and
regulations requiring and prescribing the manner of proof of illness
or injury for the purpose of this section. Such rules and regulations
shall not discriminate against evidence of treatment and the need
therefor by the practice of the religion of any well-recognized
religious sect, denomination or organization.
The provisions of this section shall not apply to a school
district or districts, governed by the same governing board, in which
the combined average daily attendance of all districts is in excess
of 400,000, provided such districts maintain sick leave policies not
less than those in effect in such districts on January 1, 1961.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45192. Governing boards of school districts shall provide by rules
and regulations for industrial accident or illness leaves of absence
for employees who are a part of the classified service. The governing
board of any district which is created or whose boundaries or status
is changed by an action to organize or reorganize districts
completed after the effective date of this section shall provide by
rules and regulations for these leaves of absence on or before the
date on which the organization or reorganization of the district
becomes effective for all purposes as provided in Section 4064.
The rules and regulations shall include the following provisions:
(a) Allowable leave shall not be for less than 60 working days in
any one fiscal year for the same accident.
(b) Allowable leave shall not be accumulative from year to year.
(c) Industrial accident or illness leave will commence on the
first day of absence.
(d) Payment for wages lost on any day shall not, when added to an
award granted the employee under the workers' compensation laws of
this state, exceed the normal wage for the day.
(e) Industrial accident leave will be reduced by one day for each
day of authorized absence regardless of a compensation award made
under workers' compensation.
(f) When an industrial accident or illness occurs at a time when
the full 60 days will overlap into the next fiscal year, the employee
shall be entitled to only that amount remaining at the end of the
fiscal year in which the injury or illness occurred, for the same
illness or injury.
The industrial accident or illness leave of absence is to be used
in lieu of entitlement acquired under Section 45191. When entitlement
to industrial accident or illness leave has been exhausted,
entitlement or other sick leave will then be used; but if an employee
is receiving workers' compensation the person shall be entitled to
use only so much of the person's accumulated or available sick leave,
accumulated compensating time, vacation or other available leave
which, when added to the workers' compensation award, provide for a
full day's wage or salary.
The governing board may, by rule or regulation, provide for as
much additional leave of absence, paid or unpaid, as it deems
appropriate and during this leave the employee may return to the
person's position without suffering any loss of status or benefits.
The employee shall be notified, in writing, that available paid leave
has been exhausted, and shall be offered an opportunity to request
additional leave.
Periods of leave of absence, paid or unpaid, shall not be
considered to be a break in service of the employee.
During all paid leaves of absence, whether industrial accident
leave as provided in this section, sick leave, vacation, compensated
time off or other available leave provided by law or the action of a
governing board, the employee shall endorse to the district wage loss
benefit checks received under the workers' compensation laws of this
state. The district, in turn, shall issue the employee appropriate
warrants for payment of wages or salary and shall deduct normal
retirement and other authorized contributions. Reduction of
entitlement to leave shall be made only in accordance with this
section.
When all available leaves of absence, paid or unpaid, have been
exhausted and if the employee is not medically able to assume the
duties of the person's position, the person shall, if not placed in
another position, be placed on a reemployment list for a period of 39
months. When available, during the 39-month period, the person shall
be employed in a vacant position in the class of the person's
previous assignment over all other available candidates except for a
reemployment list established because of lack of work or lack of
funds, in which case the person shall be listed in accordance with
appropriate seniority regulations.
The governing board may require that an employee serve or have
served continuously a specified period of time with the district
before the benefits provided by this section are made available to
the person provided that this period shall not exceed three years and
that all service of an employee prior to the effective date of this
section shall be credited in determining compliance with the
requirement.
Any employee receiving benefits as a result of this section shall,
during periods of injury or illness, remain within the State of
California unless the governing board authorizes travel outside the
state.
In the absence of rules and regulations adopted by the governing
board, pursuant to this section, an employee shall be entitled to
industrial and accident or illness leave as provided in this section
but without limitation as to the number of days of this leave and
without any requirement of a specified period of service.
An employee who has been placed on a reemployment list, as
provided herein, who has been medically released for return to duty
and who fails to accept an appropriate assignment shall be dismissed.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45193. The governing board of any school district may provide for
such leave of absence from duty as it deems appropriate for any
female employee in the classified service of the district who is
required to absent herself from her duties because of pregnancy or
convalescence following childbirth, and may adopt rules and
regulations prescribing the manner of proof of pregnancy, the time
during pregnancy at which the leave of absence shall be taken, and
the length of time for which the leave of absence shall continue
after birth of the child. The board may also provide in the rules and
regulations whether leave granted under this section shall be with
or without pay and, if with pay, the amount, if any, to be deducted
from the salary due the employee for the period in which the absence
occurs. However, nothing in this section shall be construed so as to
deprive any employee of sick leave rights under other sections of
this code for absences due to illness or injury resulting from
pregnancy.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45194. Every person employed in the classified service of any
school district shall be granted necessary leave of absence, not to
exceed three days, or five days if out-of-state travel is required,
on account of the death of any member of his immediate family. No
deduction shall be made from the salary of such employee nor shall
such leave be deducted from leave granted by other sections of this
code or provided by the governing board of the district. The
governing board may enlarge the benefits of this section and may
expand the class of relatives listed below as members of the
immediate family. Members of the immediate family, as used in this
section, means the mother, father, grandmother, grandfather, or a
grandchild of the employee or of the spouse of the employee, and the
spouse, son, son-in-law, daughter, daughter-in-law, brother, or
sister of the employee, or any relative living in the immediate
household of the employee.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45195. A permanent employee of the classified service who has
exhausted all entitlement to sick leave, vacation, compensatory
overtime, or other available paid leave and who is absent because of
nonindustrial accident or illness may be granted additional leave,
paid or unpaid, not to exceed six months. The employee shall be
notified, in writing, that available paid leave has been exhausted,
and shall be offered an opportunity to request additional leave. The
board may renew the leave of absence, paid or unpaid, for two
additional six-month periods or lesser leave periods that it may
provide but not to exceed a total of 18 months.
An employee, upon ability to resume the duties of a position
within the class to which he or she was assigned, may do so at any
time during the leaves of absence granted under this section and time
lost shall not be considered a break in service. The employee shall
be restored to a position within the class to which the employee was
assigned and, if at all possible, to his or her position with all the
rights, benefits and burdens of a permanent employee.
If at the conclusion of all leaves of absence, paid or unpaid, the
employee is still unable to assume the duties of his or her
position, the employee shall be placed on a reemployment list for a
period of 39 months.
At any time, during the prescribed 39 months, the employee is able
to assume the duties of his or her position the employee shall be
reemployed in the first vacancy in the classification of his or her
previous assignment. The employee's reemployment will take preference
over all other applicants except for those laid off for lack of work
or funds under Section 45298 in which case the employee shall be
ranked according to his or her proper seniority. Upon resumption of
his or her duties, the break in service will be disregarded and the
employee shall be fully restored as a permanent employee.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45196. When a person employed in the classified service is absent
from his duties on account of illness or accident for a period of
five months or less, whether or not the absence arises out of or in
the course of employment of the employee, the amount deducted from
the salary due him for any month in which the absence occurs shall
not exceed the sum which is actually paid a substitute employee
employed to fill his position during his absence.
Excepting in a district the governing board of which has adopted a
salary schedule for substitute employees of the district, the amount
paid the substitute employee during any month shall be less than the
salary due the employee absent from his duties.
Entitlement to sick leave provisions under this section, if any,
shall be considered "entitlement to other sick leave" for the
purposes of computing benefits under the provisions of Section 45192
if the absence is for industrial accident or illness and shall be
used after entitlement to all regular sick leave, accumulated
compensating time, vacation or other available paid leave has been
exhausted.
The foregoing provisions shall not apply to any school district
which adopts and maintains in effect a rule which provides that a
regular classified employee shall once a year be credited with a
total of not less than 100 working days of paid sick leave, including
days to which he is entitled under Section 45191. Such days of paid
sick leave in addition to those required by Section 45191 shall be
compensated at not less than 50 percent of the employee's regular
salary. The paid sick leave authorized under such a rule shall be
exclusive of any other paid leave, holidays, vacation, or
compensating time to which the employee may be entitled. Nothing in
this section shall preclude the governing board from adopting such a
rule.
45196.5. A school district may deduct from the salary otherwise
payable to an employee under Section 45196 an amount which is
payable, in lieu of salary and on account of the absence for illness
or accident, to the employee as the beneficiary under a policy of
insurance purchased by the district.
This section shall not be applicable unless specifically included
in a collective bargaining agreement between the exclusive
representative and the school employer.
45197. (a) Every public school employer shall grant to regular
classified employees an annual vacation at the regular rate of pay
earned at the time the vacation is commenced. Such vacation shall be
as determined by the public school employer, but not less than
five-sixths of a day for each month in which the employee is in a
paid status for more than one-half the working days in the month,
provided the employee is regularly employed five days per week, seven
to eight hours a day. An employee in a paid status for less than
one-half the working days in a month shall have his vacation credit
accrued on the basis provided for in subdivision (b) or (c).
(b) In lieu of accrual of vacation credit on a monthly basis and
proration as prescribed in subdivision (a), a district may provide
for accrual of vacation credit on any of the following bases:
(1) For all employees or classes of employees who work a full
workweek of 40 hours the district shall provide 0.03846 hour of
vacation credit for each hour of paid service, not including
overtime.
(2) For all employees or classes of employees who work a full
workweek of 37.5 hours the district shall provide 0.04087 hour of
vacation credit for each hour of paid service, not including
overtime.
(3) For all employees or classes of employees who work a full
workweek of 35 hours the district shall provide 0.04379 hour of
vacation credit for each hour of paid service, not including
overtime.
(c) For all employees regularly employed for fewer than 35 hours a
week, regardless of the number of hours or days worked per week, the
vacation credit shall be computed at the rate of 0.03846 for each
hour the employee is in paid status, not including overtime.
(d) Vacation may, with the approval of the employer, be taken at
any time during the school year. If the employee is not permitted to
take his full annual vacation, the amount not taken shall accumulate
for use in the next year or be paid for in cash at the option of the
governing board.
(e) Earned vacation shall not become a vested right until
completion of the initial six months of employment.
(f) The employee may be granted vacation during the school year
even though not earned at the time the vacation is taken.
(g) If an employee is terminated and had been granted vacation
which was not yet earned at the time of termination of his services,
the employer shall deduct from the employee's severence check the
full amount of salary which was paid for such unearned days of
vacation taken.
(h) Upon separation from service, the employee shall be entitled
to lump-sum compensation for all earned and unused vacation, except
that employees who have not completed six months of employment in
regular status shall not be entitled to such compensation.
(i) This section shall not apply to substitute, short-term, or
limited-term employees, as they are defined in Sections 45103 and
45286, unless such employees are specifically included by the public
school employer.
(j) The public school employer may expand the benefits provided
for in this section.
(k) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 6 (commencing with Section 45240) of this chapter.
45198. When any provision of this code expressly authorizes or
requires the governing board of a school district to grant a leave of
absence for any purpose or for any period of time to persons
employed in positions not requiring certification qualifications,
that express authorization or requirement does not deprive the
governing board of the power to grant leaves of absence with or
without pay to such employees for other purposes or for other periods
of time, so long as the governing board does not deprive any
employee of any leave of absence to which he is entitled by law.
45199. Governing boards of school districts may grant leaves of
absence to persons employed in positions not requiring certification
qualifications, and at their discretion may pay compensation at such
rate as the board prescribes, during the absence, to any such
employee whose absence is caused by accident or illness, whether or
not the absence arises out of or in the course of the employment of
the employee, or because of quarantine which results from his contact
with other persons having a contagious disease while performing his
duties.
45200. Governing boards of school districts may allow permanent
classified employees to interrupt or terminate vacation leave in
order to begin another type of paid leave without a return to active
service, provided the employee supplies adequate notice and relevant
supporting information regarding the basis for such interruption or
termination.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45201. (a) The governing boards of any school district may accept
the resignation of any employee and may fix the time when the
resignation shall take effect, which, except as noted in subdivision
(b), shall not be later than the close of the school year during
which the resignation is received by the board.
(b) Notwithstanding any other provision of law, an employee and
the governing board of a school district may agree that a resignation
will be accepted at a mutually agreed upon date not later than two
years beyond the close of the school year during which the
resignation is received by the board.
45202. Any classified employee of any school district, county
superintendent of schools, or community college district who has been
employed for a period of one calendar year or more whose employment
is terminated for reasons other than action initiated by the employer
for cause and who subsequently accepts employment with a school
district or county superintendent of schools within one year of the
termination of his or her former employment, shall have transferred
with him or her to the school district or county superintendent of
schools the total amount of earned leave of absence for illness or
injury to which he or she is entitled under Section 45191 or 88191.
This transfer shall be in the same manner as is provided for
certificated employees.
In any case where an employee was terminated as a result of action
initiated by the employer for cause, the transfer may be made if
agreed to by the governing board of the school district or the county
superintendent of schools newly employing the employee.
All or any part of the previous service, not separated by a break
in service greater than one year as of the last day of paid service,
may, if agreed to by the employing entity, be construed to have been
served in the school district or county superintendent of schools of
employment for seniority purposes, except that the previous service
may not be counted, for seniority purposes, when position or
personnel reduction is ordered, for any reason, by the board.
No governing board of a school district shall adopt any policy or
rule, written or unwritten, which requires all classified employees,
or any individual classification, or group of classifications of
employees transferring to its district to waive any part or all
benefits which they may be entitled to have transferred in accordance
with this section.
This section shall apply to school districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 6 (commencing with Section 45240) of this chapter.
45203. All probationary or permanent employees that are a part of
the classified service shall be entitled to the following paid
holidays provided they are in a paid status during any portion of the
working day immediately preceding or succeeding the holiday: January
1, February 12 known as "Lincoln Day," the third Monday in February
known as "Washington Day," the last Monday in May known as "Memorial
Day," July 4, the first Monday in September known as "Labor Day,"
November 11 known as "Veterans Day," that Thursday in November
proclaimed by the President as "Thanksgiving Day," December 25, every
day appointed by the President, or the Governor of this state, as
provided for in subdivisions (b) and (c) of Section 37220 for a
public fast, thanksgiving or holiday, or any day declared a holiday
under Section 1318 or 37222 for classified or certificated employees.
School recesses during the Christmas, Easter, and mid-February
periods shall not be considered holidays for classified employees who
are normally required to work during that period. However, this
shall not be construed as affecting vacation rights specified in this
section.
Regular employees of the district who are not normally assigned to
duty during the school holidays of December 25 and January 1 shall
be paid for those two holidays provided that they were in a paid
status during any portion of the working day of their normal
assignment immediately preceding or succeeding the holiday period.
When a holiday listed in this section falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the day
observed. When a holiday listed in this section falls on a Saturday,
the preceding Friday shall be deemed to be the holiday in lieu of
the day observed. When a classified employee is required to work on
any of these holidays, he or she shall be paid compensation, or given
compensating time off, for such work, in addition to the regular pay
received for the holiday, at the rate of time and one-half the
employee's regular rate of pay.
The provisions of Article 3 (commencing with Section 37220) of
Chapter 2 of Part 22 shall not be construed to in any way limit the
provisions of this section, nor shall anything in this section be
construed to prohibit the governing board from adopting separate work
schedules for the certificated and the classified services, or from
providing holiday pay for employees who have not been in paid status
on the days specified herein. Notwithstanding the adoption of
separate work schedules for the certificated and the classified
services, on any schoolday during which pupils would otherwise have
been in attendance but are not and for which certificated personnel
receive regular pay, classified personnel shall also receive regular
pay whether or not they are required to report for duty that day.
In addition to the other paid holidays specified in this section,
the classified service may be entitled to a paid holiday on March 31
known as "Cesar Chavez Day," and a paid holiday on the fourth Friday
in September known as "Native American Day," provided they are in a
paid status during any portion of the working day immediately
preceding or succeeding the holiday, if the governing board, pursuant
to a memorandum of understanding reached pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, agrees to the paid holiday.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240).
45204. Notwithstanding the provisions of Section 45203, if a school
district establishes a position or class of positions for which
employees are required to work exclusively on weekends and holidays,
and for which a special salary rate is established that recognizes
the exclusive weekend and holiday peculiarity, the employees and
positions may be exempted, by the personnel commission, where
applicable, or the governing board from the benefits of Section
45203. No governing board may create a position or a class of
positions, under this section, to avoid payment of overtime.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45205. Prior to July 1 of any school year, the governing board of
any school district may designate other days during such year as the
holidays to which classified employees are entitled in lieu of the
holidays on February 12 known as "Lincoln Day," the third Monday in
February known as "Washington Day," the last Monday in May known as
"Memorial Day," or November 11 known as "Veterans Day" as specified
in Section 45203, provided that such designated days will provide for
at least a three-day weekend. Classified employees shall be required
to work on the regular holiday for which another day is designated
pursuant to this section, and for work of eight hours or less, shall
be paid compensation at their regular rate of pay.
If any classified employee would be entitled to the regular paid
holiday but would not be in a paid status during any portion of the
working day immediately preceding or succeeding the day so designated
in lieu of such holiday and therefore would not be entitled to such
day in lieu of the holiday, he shall be entitled to the regular
holiday; however, if he is required to work on such holiday, he shall
be paid compensation at the rate of time and one-half of his regular
rate of pay in addition to the regular pay received for the holiday.
This section shall not be construed to authorize the maintenance
of schools on holidays other than as provided in Article 3
(commencing with Section 37220) of Chapter 2 of Part 22 of this
division.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45206. Any school district which requires any classified employee
to work a workweek other than Monday through Friday, or if such
classified employee consents to a workweek including Saturday or
Sunday or both, pursuant to Section 44048, and as a result thereof
the employee loses a holiday to which he or she would otherwise be
entitled shall provide a substitute holiday for such employee, or
provide compensation in the amount to which the employee would have
been entitled had the holiday fallen within his or her normal work
schedule.
45206.5. Notwithstanding any other provision of law, if the
governing board of a school district does not designate September 9
known as "Admission Day" as a paid holiday for classified employees
pursuant to Section 37222, the school district shall provide a
substitute holiday for such employee. Such substitute holiday shall
be provided as specified in Section 45205.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45207. (a) A probationary or permanent employee may, at his or her
election, use any days of absence for illness or injury earned
pursuant to Section 45191 in cases of personal necessity, including
any of the following:
(1) Death of a member of his or her immediate family when
additional leave is required beyond that provided in Section 45194
and that provided, in addition thereto, as a right by the governing
board.
(2) Accident, involving his or her person or property, or the
person or property of a member of his or her immediate family.
(3) Appearance in any court or before any administrative tribunal
as a litigant, party, or witness under subpoena or any order made
with jurisdiction.
(4) Other reasons that the governing board may prescribe.
(b) The governing board of each school district shall adopt rules
and regulations requiring and prescribing the manner of proof of
personal necessity for the purpose of this section. The adopted rules
and regulations may not require an employee to secure advance
permission for leave taken for the purposes specified in paragraphs
(1) and (2) of subdivision (a). Earned leave in excess of seven days
may not be used in any school year for the purposes enumerated in
this section, except if either of the following conditions exist:
(1) A maximum number of days in excess of seven is specified for
that purpose in an agreement between the exclusive representative of
the employees and the school district.
(2) If there is no exclusive representative of the employees, the
governing board of the school district, by resolution, adopts a
policy allowing earned leave in excess of seven days to be used in
any school year for the purposes enumerated in this section.
(c) Authorized necessity leave shall be deducted from sick leave
earned under the exemption of Section 45191.
(d) "Immediate family" has the same meaning as in Section 45194.
(e) This section applies to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) and to school districts that may be
exempted from Section 45191.
45209. The Director of Employment Development is the administrator
of the system of unemployment insurance, as provided in Article 6
(commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of
the Unemployment Insurance Code.
45210. (a) The governing board of a school district shall grant to
any classified employee, upon request, a leave of absence without
loss of compensation for the purpose of enabling the employee to
serve as an elected officer of any local school district public
employee organization, or any statewide or national public employee
organization with which the local organization is affiliated.
The leave shall include, but is not limited to, absence for
purposes of attendance by the employee at periodic, stated, special,
or regular meetings of the body of the organization on which the
employee serves as an officer. Compensation during the leave shall
include retirement fund contributions required of the school district
as employer. The employee shall earn full service credit during the
leave of absence and shall pay member contributions as prescribed by
subdivision (a) of Section 20677 of the Government Code. The maximum
amount of the service credit earned shall not exceed 12 years.
Following the school district's payment of the employee for the
leave of absence, the school district shall be reimbursed by the
employee organization of which the employee is an elected officer for
all compensation paid the employee on account of the leave.
Reimbursement by the employee organization shall be made within 10
days after its receipt of the school district's certification of
payment of compensation to the employee.
The leave of absence without loss of compensation provided for by
this section is in addition to the released time without loss of
compensation granted to representatives of an exclusive
representative by subdivision (c) of Section 3543.1 of the Government
Code.
For purposes of this section, "school district" also means "county
superintendent of schools."
(b) A classified employee who after August 31, 1987, was absent on
account of elected-officer service, shall receive full service
credit in the Public Employees' Retirement System; provided that, not
later than April 30, 1988: (1) the employee makes a written request
to the employer for a leave of absence for the period of the
elected-officer service, and (2) the employee organization of which
the employee is an elected officer pays to the employee's school
district an amount equal to the required Public Employees' Retirement
System member and employer retirement contributions, as prescribed
by this section.
The school district, following this written request and payment,
shall transmit the amount received to the Public Employees'
Retirement System, informing it of the period of the employee's leave
of absence. The Public Employees' Retirement System shall credit the
employee with all service credit earned for the period of the
elected-officer leave of absence.
If the employee has been compensated by the school district for
the period of the service, then, as a condition to the employee's
entitlement to service credit for this period, the school district
shall be reimbursed by the employee organization for the amount of
the compensation.
The provisions of this subdivision shall apply retroactively to
all service as an elective officer in a public employee organization
occurring after August 31, 1987.
45190. Governing boards of school districts may grant leaves of
absence and vacations, with or without pay, to persons employed in
the classified service of the district.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45191. Every classified employee employed five days a week by a
school district shall be entitled to 12 days leave of absence for
illness or injury and such additional days, in addition thereto, as
the governing board may allow for illness or injury, exclusive of all
days he is not required to render service to the district, with full
pay for a fiscal year of service.
A classified employee, employed five days a week, who is employed
for less than a full fiscal year is entitled to that proportion of 12
days leave of absence for illness or injury as the number of months
he is employed bears to 12 and the proportionate amount, consistent
with this formula, of such additional days, in addition thereto,
authorized by the governing board for classified employees employed
five days a week for a full fiscal year of service.
A classified employee employed less than five days per week shall
be entitled, for a fiscal year of service, to that proportion of 12
days leave of absence for illness or injury as the number of days he
is employed per week bears to five and is entitled to the
proportionate amount, consistent with this formula, of such
additional days, in addition thereto, authorized by the governing
board for classified employees employed five days a week for a full
fiscal year of service. When such persons are employed for less than
a full fiscal year of service this and the preceding paragraph shall
determine that proportion of leave of absence for illness or injury
to which they are entitled.
Pay for any day of such absence shall be the same as the pay which
would have been received had the employee served during the day.
Credit for leave of absence need not be accrued prior to taking such
leave by the employee and such leave of absence may be taken at any
time during the year. However, a new employee of a district shall not
be eligible to take more than six days, or the proportionate amount
to which he may be entitled under this section, until the first day
of the calendar month after completion of six months of active
service with the district.
If such employee does not take the full amount of leave allowed in
any year under this section the amount not taken shall be
accumulated from year to year with such additional days as the
governing board may allow.
The governing board of each school district shall adopt rules and
regulations requiring and prescribing the manner of proof of illness
or injury for the purpose of this section. Such rules and regulations
shall not discriminate against evidence of treatment and the need
therefor by the practice of the religion of any well-recognized
religious sect, denomination or organization.
The provisions of this section shall not apply to a school
district or districts, governed by the same governing board, in which
the combined average daily attendance of all districts is in excess
of 400,000, provided such districts maintain sick leave policies not
less than those in effect in such districts on January 1, 1961.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45192. Governing boards of school districts shall provide by rules
and regulations for industrial accident or illness leaves of absence
for employees who are a part of the classified service. The governing
board of any district which is created or whose boundaries or status
is changed by an action to organize or reorganize districts
completed after the effective date of this section shall provide by
rules and regulations for these leaves of absence on or before the
date on which the organization or reorganization of the district
becomes effective for all purposes as provided in Section 4064.
The rules and regulations shall include the following provisions:
(a) Allowable leave shall not be for less than 60 working days in
any one fiscal year for the same accident.
(b) Allowable leave shall not be accumulative from year to year.
(c) Industrial accident or illness leave will commence on the
first day of absence.
(d) Payment for wages lost on any day shall not, when added to an
award granted the employee under the workers' compensation laws of
this state, exceed the normal wage for the day.
(e) Industrial accident leave will be reduced by one day for each
day of authorized absence regardless of a compensation award made
under workers' compensation.
(f) When an industrial accident or illness occurs at a time when
the full 60 days will overlap into the next fiscal year, the employee
shall be entitled to only that amount remaining at the end of the
fiscal year in which the injury or illness occurred, for the same
illness or injury.
The industrial accident or illness leave of absence is to be used
in lieu of entitlement acquired under Section 45191. When entitlement
to industrial accident or illness leave has been exhausted,
entitlement or other sick leave will then be used; but if an employee
is receiving workers' compensation the person shall be entitled to
use only so much of the person's accumulated or available sick leave,
accumulated compensating time, vacation or other available leave
which, when added to the workers' compensation award, provide for a
full day's wage or salary.
The governing board may, by rule or regulation, provide for as
much additional leave of absence, paid or unpaid, as it deems
appropriate and during this leave the employee may return to the
person's position without suffering any loss of status or benefits.
The employee shall be notified, in writing, that available paid leave
has been exhausted, and shall be offered an opportunity to request
additional leave.
Periods of leave of absence, paid or unpaid, shall not be
considered to be a break in service of the employee.
During all paid leaves of absence, whether industrial accident
leave as provided in this section, sick leave, vacation, compensated
time off or other available leave provided by law or the action of a
governing board, the employee shall endorse to the district wage loss
benefit checks received under the workers' compensation laws of this
state. The district, in turn, shall issue the employee appropriate
warrants for payment of wages or salary and shall deduct normal
retirement and other authorized contributions. Reduction of
entitlement to leave shall be made only in accordance with this
section.
When all available leaves of absence, paid or unpaid, have been
exhausted and if the employee is not medically able to assume the
duties of the person's position, the person shall, if not placed in
another position, be placed on a reemployment list for a period of 39
months. When available, during the 39-month period, the person shall
be employed in a vacant position in the class of the person's
previous assignment over all other available candidates except for a
reemployment list established because of lack of work or lack of
funds, in which case the person shall be listed in accordance with
appropriate seniority regulations.
The governing board may require that an employee serve or have
served continuously a specified period of time with the district
before the benefits provided by this section are made available to
the person provided that this period shall not exceed three years and
that all service of an employee prior to the effective date of this
section shall be credited in determining compliance with the
requirement.
Any employee receiving benefits as a result of this section shall,
during periods of injury or illness, remain within the State of
California unless the governing board authorizes travel outside the
state.
In the absence of rules and regulations adopted by the governing
board, pursuant to this section, an employee shall be entitled to
industrial and accident or illness leave as provided in this section
but without limitation as to the number of days of this leave and
without any requirement of a specified period of service.
An employee who has been placed on a reemployment list, as
provided herein, who has been medically released for return to duty
and who fails to accept an appropriate assignment shall be dismissed.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45193. The governing board of any school district may provide for
such leave of absence from duty as it deems appropriate for any
female employee in the classified service of the district who is
required to absent herself from her duties because of pregnancy or
convalescence following childbirth, and may adopt rules and
regulations prescribing the manner of proof of pregnancy, the time
during pregnancy at which the leave of absence shall be taken, and
the length of time for which the leave of absence shall continue
after birth of the child. The board may also provide in the rules and
regulations whether leave granted under this section shall be with
or without pay and, if with pay, the amount, if any, to be deducted
from the salary due the employee for the period in which the absence
occurs. However, nothing in this section shall be construed so as to
deprive any employee of sick leave rights under other sections of
this code for absences due to illness or injury resulting from
pregnancy.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45194. Every person employed in the classified service of any
school district shall be granted necessary leave of absence, not to
exceed three days, or five days if out-of-state travel is required,
on account of the death of any member of his immediate family. No
deduction shall be made from the salary of such employee nor shall
such leave be deducted from leave granted by other sections of this
code or provided by the governing board of the district. The
governing board may enlarge the benefits of this section and may
expand the class of relatives listed below as members of the
immediate family. Members of the immediate family, as used in this
section, means the mother, father, grandmother, grandfather, or a
grandchild of the employee or of the spouse of the employee, and the
spouse, son, son-in-law, daughter, daughter-in-law, brother, or
sister of the employee, or any relative living in the immediate
household of the employee.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45195. A permanent employee of the classified service who has
exhausted all entitlement to sick leave, vacation, compensatory
overtime, or other available paid leave and who is absent because of
nonindustrial accident or illness may be granted additional leave,
paid or unpaid, not to exceed six months. The employee shall be
notified, in writing, that available paid leave has been exhausted,
and shall be offered an opportunity to request additional leave. The
board may renew the leave of absence, paid or unpaid, for two
additional six-month periods or lesser leave periods that it may
provide but not to exceed a total of 18 months.
An employee, upon ability to resume the duties of a position
within the class to which he or she was assigned, may do so at any
time during the leaves of absence granted under this section and time
lost shall not be considered a break in service. The employee shall
be restored to a position within the class to which the employee was
assigned and, if at all possible, to his or her position with all the
rights, benefits and burdens of a permanent employee.
If at the conclusion of all leaves of absence, paid or unpaid, the
employee is still unable to assume the duties of his or her
position, the employee shall be placed on a reemployment list for a
period of 39 months.
At any time, during the prescribed 39 months, the employee is able
to assume the duties of his or her position the employee shall be
reemployed in the first vacancy in the classification of his or her
previous assignment. The employee's reemployment will take preference
over all other applicants except for those laid off for lack of work
or funds under Section 45298 in which case the employee shall be
ranked according to his or her proper seniority. Upon resumption of
his or her duties, the break in service will be disregarded and the
employee shall be fully restored as a permanent employee.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45196. When a person employed in the classified service is absent
from his duties on account of illness or accident for a period of
five months or less, whether or not the absence arises out of or in
the course of employment of the employee, the amount deducted from
the salary due him for any month in which the absence occurs shall
not exceed the sum which is actually paid a substitute employee
employed to fill his position during his absence.
Excepting in a district the governing board of which has adopted a
salary schedule for substitute employees of the district, the amount
paid the substitute employee during any month shall be less than the
salary due the employee absent from his duties.
Entitlement to sick leave provisions under this section, if any,
shall be considered "entitlement to other sick leave" for the
purposes of computing benefits under the provisions of Section 45192
if the absence is for industrial accident or illness and shall be
used after entitlement to all regular sick leave, accumulated
compensating time, vacation or other available paid leave has been
exhausted.
The foregoing provisions shall not apply to any school district
which adopts and maintains in effect a rule which provides that a
regular classified employee shall once a year be credited with a
total of not less than 100 working days of paid sick leave, including
days to which he is entitled under Section 45191. Such days of paid
sick leave in addition to those required by Section 45191 shall be
compensated at not less than 50 percent of the employee's regular
salary. The paid sick leave authorized under such a rule shall be
exclusive of any other paid leave, holidays, vacation, or
compensating time to which the employee may be entitled. Nothing in
this section shall preclude the governing board from adopting such a
rule.
45196.5. A school district may deduct from the salary otherwise
payable to an employee under Section 45196 an amount which is
payable, in lieu of salary and on account of the absence for illness
or accident, to the employee as the beneficiary under a policy of
insurance purchased by the district.
This section shall not be applicable unless specifically included
in a collective bargaining agreement between the exclusive
representative and the school employer.
45197. (a) Every public school employer shall grant to regular
classified employees an annual vacation at the regular rate of pay
earned at the time the vacation is commenced. Such vacation shall be
as determined by the public school employer, but not less than
five-sixths of a day for each month in which the employee is in a
paid status for more than one-half the working days in the month,
provided the employee is regularly employed five days per week, seven
to eight hours a day. An employee in a paid status for less than
one-half the working days in a month shall have his vacation credit
accrued on the basis provided for in subdivision (b) or (c).
(b) In lieu of accrual of vacation credit on a monthly basis and
proration as prescribed in subdivision (a), a district may provide
for accrual of vacation credit on any of the following bases:
(1) For all employees or classes of employees who work a full
workweek of 40 hours the district shall provide 0.03846 hour of
vacation credit for each hour of paid service, not including
overtime.
(2) For all employees or classes of employees who work a full
workweek of 37.5 hours the district shall provide 0.04087 hour of
vacation credit for each hour of paid service, not including
overtime.
(3) For all employees or classes of employees who work a full
workweek of 35 hours the district shall provide 0.04379 hour of
vacation credit for each hour of paid service, not including
overtime.
(c) For all employees regularly employed for fewer than 35 hours a
week, regardless of the number of hours or days worked per week, the
vacation credit shall be computed at the rate of 0.03846 for each
hour the employee is in paid status, not including overtime.
(d) Vacation may, with the approval of the employer, be taken at
any time during the school year. If the employee is not permitted to
take his full annual vacation, the amount not taken shall accumulate
for use in the next year or be paid for in cash at the option of the
governing board.
(e) Earned vacation shall not become a vested right until
completion of the initial six months of employment.
(f) The employee may be granted vacation during the school year
even though not earned at the time the vacation is taken.
(g) If an employee is terminated and had been granted vacation
which was not yet earned at the time of termination of his services,
the employer shall deduct from the employee's severence check the
full amount of salary which was paid for such unearned days of
vacation taken.
(h) Upon separation from service, the employee shall be entitled
to lump-sum compensation for all earned and unused vacation, except
that employees who have not completed six months of employment in
regular status shall not be entitled to such compensation.
(i) This section shall not apply to substitute, short-term, or
limited-term employees, as they are defined in Sections 45103 and
45286, unless such employees are specifically included by the public
school employer.
(j) The public school employer may expand the benefits provided
for in this section.
(k) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 6 (commencing with Section 45240) of this chapter.
45198. When any provision of this code expressly authorizes or
requires the governing board of a school district to grant a leave of
absence for any purpose or for any period of time to persons
employed in positions not requiring certification qualifications,
that express authorization or requirement does not deprive the
governing board of the power to grant leaves of absence with or
without pay to such employees for other purposes or for other periods
of time, so long as the governing board does not deprive any
employee of any leave of absence to which he is entitled by law.
45199. Governing boards of school districts may grant leaves of
absence to persons employed in positions not requiring certification
qualifications, and at their discretion may pay compensation at such
rate as the board prescribes, during the absence, to any such
employee whose absence is caused by accident or illness, whether or
not the absence arises out of or in the course of the employment of
the employee, or because of quarantine which results from his contact
with other persons having a contagious disease while performing his
duties.
45200. Governing boards of school districts may allow permanent
classified employees to interrupt or terminate vacation leave in
order to begin another type of paid leave without a return to active
service, provided the employee supplies adequate notice and relevant
supporting information regarding the basis for such interruption or
termination.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45201. (a) The governing boards of any school district may accept
the resignation of any employee and may fix the time when the
resignation shall take effect, which, except as noted in subdivision
(b), shall not be later than the close of the school year during
which the resignation is received by the board.
(b) Notwithstanding any other provision of law, an employee and
the governing board of a school district may agree that a resignation
will be accepted at a mutually agreed upon date not later than two
years beyond the close of the school year during which the
resignation is received by the board.
45202. Any classified employee of any school district, county
superintendent of schools, or community college district who has been
employed for a period of one calendar year or more whose employment
is terminated for reasons other than action initiated by the employer
for cause and who subsequently accepts employment with a school
district or county superintendent of schools within one year of the
termination of his or her former employment, shall have transferred
with him or her to the school district or county superintendent of
schools the total amount of earned leave of absence for illness or
injury to which he or she is entitled under Section 45191 or 88191.
This transfer shall be in the same manner as is provided for
certificated employees.
In any case where an employee was terminated as a result of action
initiated by the employer for cause, the transfer may be made if
agreed to by the governing board of the school district or the county
superintendent of schools newly employing the employee.
All or any part of the previous service, not separated by a break
in service greater than one year as of the last day of paid service,
may, if agreed to by the employing entity, be construed to have been
served in the school district or county superintendent of schools of
employment for seniority purposes, except that the previous service
may not be counted, for seniority purposes, when position or
personnel reduction is ordered, for any reason, by the board.
No governing board of a school district shall adopt any policy or
rule, written or unwritten, which requires all classified employees,
or any individual classification, or group of classifications of
employees transferring to its district to waive any part or all
benefits which they may be entitled to have transferred in accordance
with this section.
This section shall apply to school districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 6 (commencing with Section 45240) of this chapter.
45203. All probationary or permanent employees that are a part of
the classified service shall be entitled to the following paid
holidays provided they are in a paid status during any portion of the
working day immediately preceding or succeeding the holiday: January
1, February 12 known as "Lincoln Day," the third Monday in February
known as "Washington Day," the last Monday in May known as "Memorial
Day," July 4, the first Monday in September known as "Labor Day,"
November 11 known as "Veterans Day," that Thursday in November
proclaimed by the President as "Thanksgiving Day," December 25, every
day appointed by the President, or the Governor of this state, as
provided for in subdivisions (b) and (c) of Section 37220 for a
public fast, thanksgiving or holiday, or any day declared a holiday
under Section 1318 or 37222 for classified or certificated employees.
School recesses during the Christmas, Easter, and mid-February
periods shall not be considered holidays for classified employees who
are normally required to work during that period. However, this
shall not be construed as affecting vacation rights specified in this
section.
Regular employees of the district who are not normally assigned to
duty during the school holidays of December 25 and January 1 shall
be paid for those two holidays provided that they were in a paid
status during any portion of the working day of their normal
assignment immediately preceding or succeeding the holiday period.
When a holiday listed in this section falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the day
observed. When a holiday listed in this section falls on a Saturday,
the preceding Friday shall be deemed to be the holiday in lieu of
the day observed. When a classified employee is required to work on
any of these holidays, he or she shall be paid compensation, or given
compensating time off, for such work, in addition to the regular pay
received for the holiday, at the rate of time and one-half the
employee's regular rate of pay.
The provisions of Article 3 (commencing with Section 37220) of
Chapter 2 of Part 22 shall not be construed to in any way limit the
provisions of this section, nor shall anything in this section be
construed to prohibit the governing board from adopting separate work
schedules for the certificated and the classified services, or from
providing holiday pay for employees who have not been in paid status
on the days specified herein. Notwithstanding the adoption of
separate work schedules for the certificated and the classified
services, on any schoolday during which pupils would otherwise have
been in attendance but are not and for which certificated personnel
receive regular pay, classified personnel shall also receive regular
pay whether or not they are required to report for duty that day.
In addition to the other paid holidays specified in this section,
the classified service may be entitled to a paid holiday on March 31
known as "Cesar Chavez Day," and a paid holiday on the fourth Friday
in September known as "Native American Day," provided they are in a
paid status during any portion of the working day immediately
preceding or succeeding the holiday, if the governing board, pursuant
to a memorandum of understanding reached pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, agrees to the paid holiday.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240).
45204. Notwithstanding the provisions of Section 45203, if a school
district establishes a position or class of positions for which
employees are required to work exclusively on weekends and holidays,
and for which a special salary rate is established that recognizes
the exclusive weekend and holiday peculiarity, the employees and
positions may be exempted, by the personnel commission, where
applicable, or the governing board from the benefits of Section
45203. No governing board may create a position or a class of
positions, under this section, to avoid payment of overtime.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45205. Prior to July 1 of any school year, the governing board of
any school district may designate other days during such year as the
holidays to which classified employees are entitled in lieu of the
holidays on February 12 known as "Lincoln Day," the third Monday in
February known as "Washington Day," the last Monday in May known as
"Memorial Day," or November 11 known as "Veterans Day" as specified
in Section 45203, provided that such designated days will provide for
at least a three-day weekend. Classified employees shall be required
to work on the regular holiday for which another day is designated
pursuant to this section, and for work of eight hours or less, shall
be paid compensation at their regular rate of pay.
If any classified employee would be entitled to the regular paid
holiday but would not be in a paid status during any portion of the
working day immediately preceding or succeeding the day so designated
in lieu of such holiday and therefore would not be entitled to such
day in lieu of the holiday, he shall be entitled to the regular
holiday; however, if he is required to work on such holiday, he shall
be paid compensation at the rate of time and one-half of his regular
rate of pay in addition to the regular pay received for the holiday.
This section shall not be construed to authorize the maintenance
of schools on holidays other than as provided in Article 3
(commencing with Section 37220) of Chapter 2 of Part 22 of this
division.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45206. Any school district which requires any classified employee
to work a workweek other than Monday through Friday, or if such
classified employee consents to a workweek including Saturday or
Sunday or both, pursuant to Section 44048, and as a result thereof
the employee loses a holiday to which he or she would otherwise be
entitled shall provide a substitute holiday for such employee, or
provide compensation in the amount to which the employee would have
been entitled had the holiday fallen within his or her normal work
schedule.
45206.5. Notwithstanding any other provision of law, if the
governing board of a school district does not designate September 9
known as "Admission Day" as a paid holiday for classified employees
pursuant to Section 37222, the school district shall provide a
substitute holiday for such employee. Such substitute holiday shall
be provided as specified in Section 45205.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45207. (a) A probationary or permanent employee may, at his or her
election, use any days of absence for illness or injury earned
pursuant to Section 45191 in cases of personal necessity, including
any of the following:
(1) Death of a member of his or her immediate family when
additional leave is required beyond that provided in Section 45194
and that provided, in addition thereto, as a right by the governing
board.
(2) Accident, involving his or her person or property, or the
person or property of a member of his or her immediate family.
(3) Appearance in any court or before any administrative tribunal
as a litigant, party, or witness under subpoena or any order made
with jurisdiction.
(4) Other reasons that the governing board may prescribe.
(b) The governing board of each school district shall adopt rules
and regulations requiring and prescribing the manner of proof of
personal necessity for the purpose of this section. The adopted rules
and regulations may not require an employee to secure advance
permission for leave taken for the purposes specified in paragraphs
(1) and (2) of subdivision (a). Earned leave in excess of seven days
may not be used in any school year for the purposes enumerated in
this section, except if either of the following conditions exist:
(1) A maximum number of days in excess of seven is specified for
that purpose in an agreement between the exclusive representative of
the employees and the school district.
(2) If there is no exclusive representative of the employees, the
governing board of the school district, by resolution, adopts a
policy allowing earned leave in excess of seven days to be used in
any school year for the purposes enumerated in this section.
(c) Authorized necessity leave shall be deducted from sick leave
earned under the exemption of Section 45191.
(d) "Immediate family" has the same meaning as in Section 45194.
(e) This section applies to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) and to school districts that may be
exempted from Section 45191.
45209. The Director of Employment Development is the administrator
of the system of unemployment insurance, as provided in Article 6
(commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of
the Unemployment Insurance Code.
45210. (a) The governing board of a school district shall grant to
any classified employee, upon request, a leave of absence without
loss of compensation for the purpose of enabling the employee to
serve as an elected officer of any local school district public
employee organization, or any statewide or national public employee
organization with which the local organization is affiliated.
The leave shall include, but is not limited to, absence for
purposes of attendance by the employee at periodic, stated, special,
or regular meetings of the body of the organization on which the
employee serves as an officer. Compensation during the leave shall
include retirement fund contributions required of the school district
as employer. The employee shall earn full service credit during the
leave of absence and shall pay member contributions as prescribed by
subdivision (a) of Section 20677 of the Government Code. The maximum
amount of the service credit earned shall not exceed 12 years.
Following the school district's payment of the employee for the
leave of absence, the school district shall be reimbursed by the
employee organization of which the employee is an elected officer for
all compensation paid the employee on account of the leave.
Reimbursement by the employee organization shall be made within 10
days after its receipt of the school district's certification of
payment of compensation to the employee.
The leave of absence without loss of compensation provided for by
this section is in addition to the released time without loss of
compensation granted to representatives of an exclusive
representative by subdivision (c) of Section 3543.1 of the Government
Code.
For purposes of this section, "school district" also means "county
superintendent of schools."
(b) A classified employee who after August 31, 1987, was absent on
account of elected-officer service, shall receive full service
credit in the Public Employees' Retirement System; provided that, not
later than April 30, 1988: (1) the employee makes a written request
to the employer for a leave of absence for the period of the
elected-officer service, and (2) the employee organization of which
the employee is an elected officer pays to the employee's school
district an amount equal to the required Public Employees' Retirement
System member and employer retirement contributions, as prescribed
by this section.
The school district, following this written request and payment,
shall transmit the amount received to the Public Employees'
Retirement System, informing it of the period of the employee's leave
of absence. The Public Employees' Retirement System shall credit the
employee with all service credit earned for the period of the
elected-officer leave of absence.
If the employee has been compensated by the school district for
the period of the service, then, as a condition to the employee's
entitlement to service credit for this period, the school district
shall be reimbursed by the employee organization for the amount of
the compensation.
The provisions of this subdivision shall apply retroactively to
all service as an elective officer in a public employee organization
occurring after August 31, 1987.
45190. Governing boards of school districts may grant leaves of
absence and vacations, with or without pay, to persons employed in
the classified service of the district.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45191. Every classified employee employed five days a week by a
school district shall be entitled to 12 days leave of absence for
illness or injury and such additional days, in addition thereto, as
the governing board may allow for illness or injury, exclusive of all
days he is not required to render service to the district, with full
pay for a fiscal year of service.
A classified employee, employed five days a week, who is employed
for less than a full fiscal year is entitled to that proportion of 12
days leave of absence for illness or injury as the number of months
he is employed bears to 12 and the proportionate amount, consistent
with this formula, of such additional days, in addition thereto,
authorized by the governing board for classified employees employed
five days a week for a full fiscal year of service.
A classified employee employed less than five days per week shall
be entitled, for a fiscal year of service, to that proportion of 12
days leave of absence for illness or injury as the number of days he
is employed per week bears to five and is entitled to the
proportionate amount, consistent with this formula, of such
additional days, in addition thereto, authorized by the governing
board for classified employees employed five days a week for a full
fiscal year of service. When such persons are employed for less than
a full fiscal year of service this and the preceding paragraph shall
determine that proportion of leave of absence for illness or injury
to which they are entitled.
Pay for any day of such absence shall be the same as the pay which
would have been received had the employee served during the day.
Credit for leave of absence need not be accrued prior to taking such
leave by the employee and such leave of absence may be taken at any
time during the year. However, a new employee of a district shall not
be eligible to take more than six days, or the proportionate amount
to which he may be entitled under this section, until the first day
of the calendar month after completion of six months of active
service with the district.
If such employee does not take the full amount of leave allowed in
any year under this section the amount not taken shall be
accumulated from year to year with such additional days as the
governing board may allow.
The governing board of each school district shall adopt rules and
regulations requiring and prescribing the manner of proof of illness
or injury for the purpose of this section. Such rules and regulations
shall not discriminate against evidence of treatment and the need
therefor by the practice of the religion of any well-recognized
religious sect, denomination or organization.
The provisions of this section shall not apply to a school
district or districts, governed by the same governing board, in which
the combined average daily attendance of all districts is in excess
of 400,000, provided such districts maintain sick leave policies not
less than those in effect in such districts on January 1, 1961.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45192. Governing boards of school districts shall provide by rules
and regulations for industrial accident or illness leaves of absence
for employees who are a part of the classified service. The governing
board of any district which is created or whose boundaries or status
is changed by an action to organize or reorganize districts
completed after the effective date of this section shall provide by
rules and regulations for these leaves of absence on or before the
date on which the organization or reorganization of the district
becomes effective for all purposes as provided in Section 4064.
The rules and regulations shall include the following provisions:
(a) Allowable leave shall not be for less than 60 working days in
any one fiscal year for the same accident.
(b) Allowable leave shall not be accumulative from year to year.
(c) Industrial accident or illness leave will commence on the
first day of absence.
(d) Payment for wages lost on any day shall not, when added to an
award granted the employee under the workers' compensation laws of
this state, exceed the normal wage for the day.
(e) Industrial accident leave will be reduced by one day for each
day of authorized absence regardless of a compensation award made
under workers' compensation.
(f) When an industrial accident or illness occurs at a time when
the full 60 days will overlap into the next fiscal year, the employee
shall be entitled to only that amount remaining at the end of the
fiscal year in which the injury or illness occurred, for the same
illness or injury.
The industrial accident or illness leave of absence is to be used
in lieu of entitlement acquired under Section 45191. When entitlement
to industrial accident or illness leave has been exhausted,
entitlement or other sick leave will then be used; but if an employee
is receiving workers' compensation the person shall be entitled to
use only so much of the person's accumulated or available sick leave,
accumulated compensating time, vacation or other available leave
which, when added to the workers' compensation award, provide for a
full day's wage or salary.
The governing board may, by rule or regulation, provide for as
much additional leave of absence, paid or unpaid, as it deems
appropriate and during this leave the employee may return to the
person's position without suffering any loss of status or benefits.
The employee shall be notified, in writing, that available paid leave
has been exhausted, and shall be offered an opportunity to request
additional leave.
Periods of leave of absence, paid or unpaid, shall not be
considered to be a break in service of the employee.
During all paid leaves of absence, whether industrial accident
leave as provided in this section, sick leave, vacation, compensated
time off or other available leave provided by law or the action of a
governing board, the employee shall endorse to the district wage loss
benefit checks received under the workers' compensation laws of this
state. The district, in turn, shall issue the employee appropriate
warrants for payment of wages or salary and shall deduct normal
retirement and other authorized contributions. Reduction of
entitlement to leave shall be made only in accordance with this
section.
When all available leaves of absence, paid or unpaid, have been
exhausted and if the employee is not medically able to assume the
duties of the person's position, the person shall, if not placed in
another position, be placed on a reemployment list for a period of 39
months. When available, during the 39-month period, the person shall
be employed in a vacant position in the class of the person's
previous assignment over all other available candidates except for a
reemployment list established because of lack of work or lack of
funds, in which case the person shall be listed in accordance with
appropriate seniority regulations.
The governing board may require that an employee serve or have
served continuously a specified period of time with the district
before the benefits provided by this section are made available to
the person provided that this period shall not exceed three years and
that all service of an employee prior to the effective date of this
section shall be credited in determining compliance with the
requirement.
Any employee receiving benefits as a result of this section shall,
during periods of injury or illness, remain within the State of
California unless the governing board authorizes travel outside the
state.
In the absence of rules and regulations adopted by the governing
board, pursuant to this section, an employee shall be entitled to
industrial and accident or illness leave as provided in this section
but without limitation as to the number of days of this leave and
without any requirement of a specified period of service.
An employee who has been placed on a reemployment list, as
provided herein, who has been medically released for return to duty
and who fails to accept an appropriate assignment shall be dismissed.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45193. The governing board of any school district may provide for
such leave of absence from duty as it deems appropriate for any
female employee in the classified service of the district who is
required to absent herself from her duties because of pregnancy or
convalescence following childbirth, and may adopt rules and
regulations prescribing the manner of proof of pregnancy, the time
during pregnancy at which the leave of absence shall be taken, and
the length of time for which the leave of absence shall continue
after birth of the child. The board may also provide in the rules and
regulations whether leave granted under this section shall be with
or without pay and, if with pay, the amount, if any, to be deducted
from the salary due the employee for the period in which the absence
occurs. However, nothing in this section shall be construed so as to
deprive any employee of sick leave rights under other sections of
this code for absences due to illness or injury resulting from
pregnancy.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45194. Every person employed in the classified service of any
school district shall be granted necessary leave of absence, not to
exceed three days, or five days if out-of-state travel is required,
on account of the death of any member of his immediate family. No
deduction shall be made from the salary of such employee nor shall
such leave be deducted from leave granted by other sections of this
code or provided by the governing board of the district. The
governing board may enlarge the benefits of this section and may
expand the class of relatives listed below as members of the
immediate family. Members of the immediate family, as used in this
section, means the mother, father, grandmother, grandfather, or a
grandchild of the employee or of the spouse of the employee, and the
spouse, son, son-in-law, daughter, daughter-in-law, brother, or
sister of the employee, or any relative living in the immediate
household of the employee.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45195. A permanent employee of the classified service who has
exhausted all entitlement to sick leave, vacation, compensatory
overtime, or other available paid leave and who is absent because of
nonindustrial accident or illness may be granted additional leave,
paid or unpaid, not to exceed six months. The employee shall be
notified, in writing, that available paid leave has been exhausted,
and shall be offered an opportunity to request additional leave. The
board may renew the leave of absence, paid or unpaid, for two
additional six-month periods or lesser leave periods that it may
provide but not to exceed a total of 18 months.
An employee, upon ability to resume the duties of a position
within the class to which he or she was assigned, may do so at any
time during the leaves of absence granted under this section and time
lost shall not be considered a break in service. The employee shall
be restored to a position within the class to which the employee was
assigned and, if at all possible, to his or her position with all the
rights, benefits and burdens of a permanent employee.
If at the conclusion of all leaves of absence, paid or unpaid, the
employee is still unable to assume the duties of his or her
position, the employee shall be placed on a reemployment list for a
period of 39 months.
At any time, during the prescribed 39 months, the employee is able
to assume the duties of his or her position the employee shall be
reemployed in the first vacancy in the classification of his or her
previous assignment. The employee's reemployment will take preference
over all other applicants except for those laid off for lack of work
or funds under Section 45298 in which case the employee shall be
ranked according to his or her proper seniority. Upon resumption of
his or her duties, the break in service will be disregarded and the
employee shall be fully restored as a permanent employee.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45196. When a person employed in the classified service is absent
from his duties on account of illness or accident for a period of
five months or less, whether or not the absence arises out of or in
the course of employment of the employee, the amount deducted from
the salary due him for any month in which the absence occurs shall
not exceed the sum which is actually paid a substitute employee
employed to fill his position during his absence.
Excepting in a district the governing board of which has adopted a
salary schedule for substitute employees of the district, the amount
paid the substitute employee during any month shall be less than the
salary due the employee absent from his duties.
Entitlement to sick leave provisions under this section, if any,
shall be considered "entitlement to other sick leave" for the
purposes of computing benefits under the provisions of Section 45192
if the absence is for industrial accident or illness and shall be
used after entitlement to all regular sick leave, accumulated
compensating time, vacation or other available paid leave has been
exhausted.
The foregoing provisions shall not apply to any school district
which adopts and maintains in effect a rule which provides that a
regular classified employee shall once a year be credited with a
total of not less than 100 working days of paid sick leave, including
days to which he is entitled under Section 45191. Such days of paid
sick leave in addition to those required by Section 45191 shall be
compensated at not less than 50 percent of the employee's regular
salary. The paid sick leave authorized under such a rule shall be
exclusive of any other paid leave, holidays, vacation, or
compensating time to which the employee may be entitled. Nothing in
this section shall preclude the governing board from adopting such a
rule.
45196.5. A school district may deduct from the salary otherwise
payable to an employee under Section 45196 an amount which is
payable, in lieu of salary and on account of the absence for illness
or accident, to the employee as the beneficiary under a policy of
insurance purchased by the district.
This section shall not be applicable unless specifically included
in a collective bargaining agreement between the exclusive
representative and the school employer.
45197. (a) Every public school employer shall grant to regular
classified employees an annual vacation at the regular rate of pay
earned at the time the vacation is commenced. Such vacation shall be
as determined by the public school employer, but not less than
five-sixths of a day for each month in which the employee is in a
paid status for more than one-half the working days in the month,
provided the employee is regularly employed five days per week, seven
to eight hours a day. An employee in a paid status for less than
one-half the working days in a month shall have his vacation credit
accrued on the basis provided for in subdivision (b) or (c).
(b) In lieu of accrual of vacation credit on a monthly basis and
proration as prescribed in subdivision (a), a district may provide
for accrual of vacation credit on any of the following bases:
(1) For all employees or classes of employees who work a full
workweek of 40 hours the district shall provide 0.03846 hour of
vacation credit for each hour of paid service, not including
overtime.
(2) For all employees or classes of employees who work a full
workweek of 37.5 hours the district shall provide 0.04087 hour of
vacation credit for each hour of paid service, not including
overtime.
(3) For all employees or classes of employees who work a full
workweek of 35 hours the district shall provide 0.04379 hour of
vacation credit for each hour of paid service, not including
overtime.
(c) For all employees regularly employed for fewer than 35 hours a
week, regardless of the number of hours or days worked per week, the
vacation credit shall be computed at the rate of 0.03846 for each
hour the employee is in paid status, not including overtime.
(d) Vacation may, with the approval of the employer, be taken at
any time during the school year. If the employee is not permitted to
take his full annual vacation, the amount not taken shall accumulate
for use in the next year or be paid for in cash at the option of the
governing board.
(e) Earned vacation shall not become a vested right until
completion of the initial six months of employment.
(f) The employee may be granted vacation during the school year
even though not earned at the time the vacation is taken.
(g) If an employee is terminated and had been granted vacation
which was not yet earned at the time of termination of his services,
the employer shall deduct from the employee's severence check the
full amount of salary which was paid for such unearned days of
vacation taken.
(h) Upon separation from service, the employee shall be entitled
to lump-sum compensation for all earned and unused vacation, except
that employees who have not completed six months of employment in
regular status shall not be entitled to such compensation.
(i) This section shall not apply to substitute, short-term, or
limited-term employees, as they are defined in Sections 45103 and
45286, unless such employees are specifically included by the public
school employer.
(j) The public school employer may expand the benefits provided
for in this section.
(k) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 6 (commencing with Section 45240) of this chapter.
45198. When any provision of this code expressly authorizes or
requires the governing board of a school district to grant a leave of
absence for any purpose or for any period of time to persons
employed in positions not requiring certification qualifications,
that express authorization or requirement does not deprive the
governing board of the power to grant leaves of absence with or
without pay to such employees for other purposes or for other periods
of time, so long as the governing board does not deprive any
employee of any leave of absence to which he is entitled by law.
45199. Governing boards of school districts may grant leaves of
absence to persons employed in positions not requiring certification
qualifications, and at their discretion may pay compensation at such
rate as the board prescribes, during the absence, to any such
employee whose absence is caused by accident or illness, whether or
not the absence arises out of or in the course of the employment of
the employee, or because of quarantine which results from his contact
with other persons having a contagious disease while performing his
duties.
45200. Governing boards of school districts may allow permanent
classified employees to interrupt or terminate vacation leave in
order to begin another type of paid leave without a return to active
service, provided the employee supplies adequate notice and relevant
supporting information regarding the basis for such interruption or
termination.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45201. (a) The governing boards of any school district may accept
the resignation of any employee and may fix the time when the
resignation shall take effect, which, except as noted in subdivision
(b), shall not be later than the close of the school year during
which the resignation is received by the board.
(b) Notwithstanding any other provision of law, an employee and
the governing board of a school district may agree that a resignation
will be accepted at a mutually agreed upon date not later than two
years beyond the close of the school year during which the
resignation is received by the board.
45202. Any classified employee of any school district, county
superintendent of schools, or community college district who has been
employed for a period of one calendar year or more whose employment
is terminated for reasons other than action initiated by the employer
for cause and who subsequently accepts employment with a school
district or county superintendent of schools within one year of the
termination of his or her former employment, shall have transferred
with him or her to the school district or county superintendent of
schools the total amount of earned leave of absence for illness or
injury to which he or she is entitled under Section 45191 or 88191.
This transfer shall be in the same manner as is provided for
certificated employees.
In any case where an employee was terminated as a result of action
initiated by the employer for cause, the transfer may be made if
agreed to by the governing board of the school district or the county
superintendent of schools newly employing the employee.
All or any part of the previous service, not separated by a break
in service greater than one year as of the last day of paid service,
may, if agreed to by the employing entity, be construed to have been
served in the school district or county superintendent of schools of
employment for seniority purposes, except that the previous service
may not be counted, for seniority purposes, when position or
personnel reduction is ordered, for any reason, by the board.
No governing board of a school district shall adopt any policy or
rule, written or unwritten, which requires all classified employees,
or any individual classification, or group of classifications of
employees transferring to its district to waive any part or all
benefits which they may be entitled to have transferred in accordance
with this section.
This section shall apply to school districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 6 (commencing with Section 45240) of this chapter.
45203. All probationary or permanent employees that are a part of
the classified service shall be entitled to the following paid
holidays provided they are in a paid status during any portion of the
working day immediately preceding or succeeding the holiday: January
1, February 12 known as "Lincoln Day," the third Monday in February
known as "Washington Day," the last Monday in May known as "Memorial
Day," July 4, the first Monday in September known as "Labor Day,"
November 11 known as "Veterans Day," that Thursday in November
proclaimed by the President as "Thanksgiving Day," December 25, every
day appointed by the President, or the Governor of this state, as
provided for in subdivisions (b) and (c) of Section 37220 for a
public fast, thanksgiving or holiday, or any day declared a holiday
under Section 1318 or 37222 for classified or certificated employees.
School recesses during the Christmas, Easter, and mid-February
periods shall not be considered holidays for classified employees who
are normally required to work during that period. However, this
shall not be construed as affecting vacation rights specified in this
section.
Regular employees of the district who are not normally assigned to
duty during the school holidays of December 25 and January 1 shall
be paid for those two holidays provided that they were in a paid
status during any portion of the working day of their normal
assignment immediately preceding or succeeding the holiday period.
When a holiday listed in this section falls on a Sunday, the
following Monday shall be deemed to be the holiday in lieu of the day
observed. When a holiday listed in this section falls on a Saturday,
the preceding Friday shall be deemed to be the holiday in lieu of
the day observed. When a classified employee is required to work on
any of these holidays, he or she shall be paid compensation, or given
compensating time off, for such work, in addition to the regular pay
received for the holiday, at the rate of time and one-half the
employee's regular rate of pay.
The provisions of Article 3 (commencing with Section 37220) of
Chapter 2 of Part 22 shall not be construed to in any way limit the
provisions of this section, nor shall anything in this section be
construed to prohibit the governing board from adopting separate work
schedules for the certificated and the classified services, or from
providing holiday pay for employees who have not been in paid status
on the days specified herein. Notwithstanding the adoption of
separate work schedules for the certificated and the classified
services, on any schoolday during which pupils would otherwise have
been in attendance but are not and for which certificated personnel
receive regular pay, classified personnel shall also receive regular
pay whether or not they are required to report for duty that day.
In addition to the other paid holidays specified in this section,
the classified service may be entitled to a paid holiday on March 31
known as "Cesar Chavez Day," and a paid holiday on the fourth Friday
in September known as "Native American Day," provided they are in a
paid status during any portion of the working day immediately
preceding or succeeding the holiday, if the governing board, pursuant
to a memorandum of understanding reached pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, agrees to the paid holiday.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240).
45204. Notwithstanding the provisions of Section 45203, if a school
district establishes a position or class of positions for which
employees are required to work exclusively on weekends and holidays,
and for which a special salary rate is established that recognizes
the exclusive weekend and holiday peculiarity, the employees and
positions may be exempted, by the personnel commission, where
applicable, or the governing board from the benefits of Section
45203. No governing board may create a position or a class of
positions, under this section, to avoid payment of overtime.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45205. Prior to July 1 of any school year, the governing board of
any school district may designate other days during such year as the
holidays to which classified employees are entitled in lieu of the
holidays on February 12 known as "Lincoln Day," the third Monday in
February known as "Washington Day," the last Monday in May known as
"Memorial Day," or November 11 known as "Veterans Day" as specified
in Section 45203, provided that such designated days will provide for
at least a three-day weekend. Classified employees shall be required
to work on the regular holiday for which another day is designated
pursuant to this section, and for work of eight hours or less, shall
be paid compensation at their regular rate of pay.
If any classified employee would be entitled to the regular paid
holiday but would not be in a paid status during any portion of the
working day immediately preceding or succeeding the day so designated
in lieu of such holiday and therefore would not be entitled to such
day in lieu of the holiday, he shall be entitled to the regular
holiday; however, if he is required to work on such holiday, he shall
be paid compensation at the rate of time and one-half of his regular
rate of pay in addition to the regular pay received for the holiday.
This section shall not be construed to authorize the maintenance
of schools on holidays other than as provided in Article 3
(commencing with Section 37220) of Chapter 2 of Part 22 of this
division.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45206. Any school district which requires any classified employee
to work a workweek other than Monday through Friday, or if such
classified employee consents to a workweek including Saturday or
Sunday or both, pursuant to Section 44048, and as a result thereof
the employee loses a holiday to which he or she would otherwise be
entitled shall provide a substitute holiday for such employee, or
provide compensation in the amount to which the employee would have
been entitled had the holiday fallen within his or her normal work
schedule.
45206.5. Notwithstanding any other provision of law, if the
governing board of a school district does not designate September 9
known as "Admission Day" as a paid holiday for classified employees
pursuant to Section 37222, the school district shall provide a
substitute holiday for such employee. Such substitute holiday shall
be provided as specified in Section 45205.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) of this chapter.
45207. (a) A probationary or permanent employee may, at his or her
election, use any days of absence for illness or injury earned
pursuant to Section 45191 in cases of personal necessity, including
any of the following:
(1) Death of a member of his or her immediate family when
additional leave is required beyond that provided in Section 45194
and that provided, in addition thereto, as a right by the governing
board.
(2) Accident, involving his or her person or property, or the
person or property of a member of his or her immediate family.
(3) Appearance in any court or before any administrative tribunal
as a litigant, party, or witness under subpoena or any order made
with jurisdiction.
(4) Other reasons that the governing board may prescribe.
(b) The governing board of each school district shall adopt rules
and regulations requiring and prescribing the manner of proof of
personal necessity for the purpose of this section. The adopted rules
and regulations may not require an employee to secure advance
permission for leave taken for the purposes specified in paragraphs
(1) and (2) of subdivision (a). Earned leave in excess of seven days
may not be used in any school year for the purposes enumerated in
this section, except if either of the following conditions exist:
(1) A maximum number of days in excess of seven is specified for
that purpose in an agreement between the exclusive representative of
the employees and the school district.
(2) If there is no exclusive representative of the employees, the
governing board of the school district, by resolution, adopts a
policy allowing earned leave in excess of seven days to be used in
any school year for the purposes enumerated in this section.
(c) Authorized necessity leave shall be deducted from sick leave
earned under the exemption of Section 45191.
(d) "Immediate family" has the same meaning as in Section 45194.
(e) This section applies to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
6 (commencing with Section 45240) and to school districts that may be
exempted from Section 45191.
45209. The Director of Employment Development is the administrator
of the system of unemployment insurance, as provided in Article 6
(commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of
the Unemployment Insurance Code.
45210. (a) The governing board of a school district shall grant to
any classified employee, upon request, a leave of absence without
loss of compensation for the purpose of enabling the employee to
serve as an elected officer of any local school district public
employee organization, or any statewide or national public employee
organization with which the local organization is affiliated.
The leave shall include, but is not limited to, absence for
purposes of attendance by the employee at periodic, stated, special,
or regular meetings of the body of the organization on which the
employee serves as an officer. Compensation during the leave shall
include retirement fund contributions required of the school district
as employer. The employee shall earn full service credit during the
leave of absence and shall pay member contributions as prescribed by
subdivision (a) of Section 20677 of the Government Code. The maximum
amount of the service credit earned shall not exceed 12 years.
Following the school district's payment of the employee for the
leave of absence, the school district shall be reimbursed by the
employee organization of which the employee is an elected officer for
all compensation paid the employee on account of the leave.
Reimbursement by the employee organization shall be made within 10
days after its receipt of the school district's certification of
payment of compensation to the employee.
The leave of absence without loss of compensation provided for by
this section is in addition to the released time without loss of
compensation granted to representatives of an exclusive
representative by subdivision (c) of Section 3543.1 of the Government
Code.
For purposes of this section, "school district" also means "county
superintendent of schools."
(b) A classified employee who after August 31, 1987, was absent on
account of elected-officer service, shall receive full service
credit in the Public Employees' Retirement System; provided that, not
later than April 30, 1988: (1) the employee makes a written request
to the employer for a leave of absence for the period of the
elected-officer service, and (2) the employee organization of which
the employee is an elected officer pays to the employee's school
district an amount equal to the required Public Employees' Retirement
System member and employer retirement contributions, as prescribed
by this section.
The school district, following this written request and payment,
shall transmit the amount received to the Public Employees'
Retirement System, informing it of the period of the employee's leave
of absence. The Public Employees' Retirement System shall credit the
employee with all service credit earned for the period of the
elected-officer leave of absence.
If the employee has been compensated by the school district for
the period of the service, then, as a condition to the employee's
entitlement to service credit for this period, the school district
shall be reimbursed by the employee organization for the amount of
the compensation.
The provisions of this subdivision shall apply retroactively to
all service as an elective officer in a public employee organization
occurring after August 31, 1987.
