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

C. C ATASTROPHIC L EAVE

1. E DUCATION C ODE S ECTION 87045 Education Code section 87045 authorizes, but does not require, community college district governing boards to establish catastrophic leave programs for all groups of employees. Such programs permit district employees to donate eligible leave credits to an employee when that employee or a member of his or her family suffers from a catastrophic illness or injury.

The definition of “catastrophic illness or injury” in Section 87045, subdivision (a)(1) has these three key components:

 The illness or injury is expected to incapacitate the employee for an extended period of time; or,  The illness or injury involves a family member and the incapacity requires the employee to take time off from work for an extended period of time to care for that family member; and,  Taking extended time off work creates a financial hardship for the employee because he or she has exhausted all of his or her sick leave and other paid time off.

Section 87045, subdivision (a)(2) defines “eligible leave credits” to mean, “vacation leave and sick leave accrued to the donating employee.”

a. Adopting Rules and Regulations Section 87045, subdivision (d) requires any governing board that chooses to provide a catastrophic leave program to adopt rules and regulations that, at a minimum, include the following:

 The maximum amount of time for which donated leave credits may be used, but not to exceed a maximum period of 12 consecutive months;  The verification of catastrophic injury or illness required under Section 87045, subdivision (b)(1); and

 Making all transfers of eligible leave credit irrevocable.

b. Donating Sick Leave Education Code section 87045, subdivision (b) establishes the following requirements, all of which must be met, for leave credits to be donated to an employee for a catastrophic illness or injury:

 The employee requiring the leave credits requests that eligible leave credits be donated and provides verification of catastrophic injury or illness as required by the governing board;

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 51