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

L EAVES

Section 6

A. L EAVES FOR C LASSIFIED E MPLOYEES There are a broad range of leaves to which classified employees are entitled by statute and contract. 92 Summarized below are the statutory leaves that are most frequently invoked and often most challenging to implement.

1. S ICK L EAVE FOR C LASSIFIED E MPLOYEES

Education Code section 88191 provides:

Every classified employee employed five days a week . . . shall be entitled to 12 days leave of absence for illness or injury and such additional days, in addition thereto, as the governing board may allow for illness or injury, exclusive of all days the employee is not required to render service to the district, with full pay for a fiscal year of service.

Employees employed five days a week, but for less than a full fiscal year , are entitled to a proportionate share of both the statutory 12 days of sick leave, and any additional days authorized by the governing board for employees employed five days a week for a full fiscal year. 93 The apportionment calculation used for employees who work five days per week, but for less than a fiscal year is as follows:

that proportion of 12 days leave of absence for illness or injury as the number of months the employee is employed bears to 12 and the proportionate amount, consistent with this formula, of such additional days, in addition thereto, authorized by the governing board for classified employees employed five days a week for a full fiscal year of service.

An employee employed less than five days per week is also entitled, for a fiscal year of service, to a proportionate share of leave. The apportionment calculation used for employees who work less than five days per week in a fiscal year is as follows:

that proportion of 12 days leave of absence for illness or injury as the number of days the employee is employed per week bears to five and is also entitled to the proportionate amount, consistent with this formula, of such additional days, in addition thereto, authorized by the governing board for classified employees employed five days a week for a full fiscal year of service. 94

The same proportionate calculation applies when these employees are employed for less than a full fiscal year of service. 95

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 39