Name That Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

4. I NDUSTRIAL A CCIDENT L EAVE Education Code section 88192 requires community college district governing boards to provide, by rules and regulations, for industrial accident or illness leaves of absence for classified employees. Specifically, such rules and regulations must provide:

 Allowable leave not be for less than 60 working days in any one fiscal year for the same accident;

 Allowable leave not be cumulative from year to year;

 Industrial accident or illness leave of absence commence on the first day of absence;  Payment for wages lost on any day, when added to an award granted the employee under California’s workers’ compensation laws, may not exceed the normal wage for the day;  Industrial-accident leave be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensation; and  When an industrial accident or illness occurs such that the full 60 days overlaps 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. 113

The industrial accident or illness leave of absence is to be used in lieu of entitlements acquired under Education Code section 88191. 114 When entitlement to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used. If an employee is receiving workers’ compensation, however, he or she is entitled to use only so much of his or her accumulated or available sick leave, accumulated compensatory 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, by rule or regulation, may provide for additional paid or unpaid leave of absence, and during such leave the employee may return to his or her position without suffering any loss of status or benefits. Periods of paid or unpaid leave of absence may not be considered a break in an employee’s service. 115 During all paid leaves of absence (industrial accident, sick leave, vacation, compensatory time off, etc.) the employee must endorse to the district wage loss benefit checks received under the workers’ compensation laws. The district, in turn, is required to issue the employee appropriate warrants for payments of wages or salary and shall deduct normal retirement and other authorized contributions. Reduction of entitlement to leave must comply with this section. 116 The governing board may require that an employee serve, or have served continuously, a specified period of time not to exceed three years with the district before the benefits provided by this section are made available to the person. 117 Moreover, any employee receiving benefits

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 43