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

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts

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;



The governing board determines that the employee is unable to work due to

the employee’s or his or her family member’s catastrophic illness or injury;

and



The employee has exhausted all accrued paid leave credits.

Section 87045, subdivision (c) provides that if the transfer of eligible leave credits is approved

by the governing board, any employee may, upon written notice to the board, donate eligible

leave credits at a minimum of eight hours, and in hour increments thereafter. Section 87045

subdivision (e) requires that if an employee deemed eligible to receive catastrophic leave credits

continues to accrue leave on a monthly basis, the employee must use the accrued leave before

using catastrophic leave credits.

2. C

OLLECTIVE

ARGAINING

GREEMENT

ROVISIONS

Section 87045, subdivision (f) provides that notwithstanding the requirements and procedures

described above, a district’s governing board and the exclusive bargaining representative may

negotiate specific catastrophic leave program requirements in any Collective Bargaining

Agreement.