An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

Reserves, and on leave from deployment during a time of military conflict, provided the following conditions exist:  The employee works an average of 20 or more hours per week;

 The military spouse or registered domestic partner has been deployed during a period of military conflict to an area designated as a combat theater or combat zone;  The employee provides notice of the request for leave within 2 business days of receiving official notice that his or her spouse will be on leave from deployment; and  The employee submits written documentation that his or her spouse will be on leave from deployment during the period for which the employee is requesting leave. 1410

Employees may use accrued vacation or personal leave during a Military Family Leave. Employees may use accrued sick leave during a Military Family Leave if the leave otherwise qualifies for use of sick leave pursuant to the terms of the school’s sick leave policy. 1411

Section 16 I NDUSTRIAL I NJURY L EAVE Industrial injury leave (workers’ compensation leave) is available to employees whose injuries arise out of their employment. The rights and benefits provided to employees on industrial injury leave, and how this leave overlaps with other areas of the law, will be discussed below. An employee is eligible for coverage under the workers’ compensation statute if he or she sustains an injury in the course of or arising out of employment, regardless of fault. Labor Code Section 3208 defines injury as including “any injury or disease arising out of employment, including injuries to artificial members, dentures, hearing aids, eyeglasses and medical braces of any type....” Labor Code Section 5500.5 further recognizes contraction of a communicable disease, development of an occupational disease, and injury due to repetitive trauma. In addition, mental and emotional stress or illnesses are considered compensable injuries. A. A RISING O UT O F E MPLOYMENT It has generally been held that “arising out of” is the causal element and refers to the origin of the injury. The statutory test for “arising out of employment” has included the requirement that the injury be “proximately caused by the employment.” However, this approach was found to be much too narrow and in conflict with the objectives of the workers’ compensation statute. The modern cases have discarded most of the rules associated with the concept of “proximate cause” and have interpreted the causal element in the broadest sense. Recent decisions have liberalized the interpretation to allow an injury to be compensable if it is considered “on the job” or “work connected.”

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 319