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

 Education Code section 87787, subdivision (f): When an industrial accident or illness leave overlaps into the next fiscal year, the employee shall be entitled to only the amount of unused leave due him or her for the same illness or injury.  Upon termination of the industrial accident or illness leave, the employee is entitled to the benefits provided in Sections 87780, 87781 and 87786, and for the purposes of each of these sections, his or her absence is deemed to have commenced on the date of termination of the industrial accident or illness leave. But if the employee continues to receive temporary disability indemnity, then he or she may elect to take as much of his or her accumulated sick leave, which, when added to his or her temporary disability indemnity, will result in a payment to the employee of not more than his or her full salary.  The governing board, by rule or regulation, may provide for additional leave of absence for industrial accident or illness as it deems appropriate. Unless the governing board specifically authorizes travel outside the state, an employee receiving benefits as a result of this section must, during periods of injury or illness, remain within the State of California.  During any paid leave of absence, the employee may endorse to the district the temporary disability indemnity checks received on account of his or her industrial accident or illness. The district, in turn, must issue the employee appropriate salary warrants for payment of the employee’s salary and deduct normal retirement, other authorized contributions, and any temporary disability indemnity actually paid to and retained by the employee for periods covered by the salary warrants.

2. F AMILY S ICK L EAVE AND P ERSONAL N ECESSITY L EAVE

a. California’s Paid Sick Leave Law As noted above, California’s Paid Sick Leave Law requires that all employees who have worked for more than 30 days for an employer be provided paid sick leave at the accrual rate of one hour of sick leave for every 30 hours worked, up to a minimum of 3 days or 24 hours of paid sick leave to be provided in a 12-month period. An employee can only accrue paid sick leave up to a cap of 6 days or 48 hours ongoing. Any unused accrued paid sick leave does carryover year to year while continuously employed. Alternatively, the employer can provide each employee with 3 days or 24 hours of paid sick leave at the beginning of each 12-month period. Any unused paid sick leave from the previous 12-month period will not carryover to the new 12-month period. An employee is not eligible to begin using any accrued paid sick leave until the 90th day of employment with the Agency.

Traditional sick leave policies that go beyond these minimum requirements can also be used, so long as they provide the minimum requirements.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 46