Human Resources Academy II for Community College Districts

 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.

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

1. C ALIFORNIA ’ S P AID S ICK L EAVE L AW California’s Paid Sick Leave Law (Labor Code section 245 et seq .) 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. Under Labor Code section 245 et seq. , the first 3 days/24 hours (whatever is more) in a 12-month period must be available to use for the employee’s own illness, the illness of an immediate family member (parent, child, spouse, registered domestic partner, parent-in-law, grandparent, grandchild and sibling), or for a victim of stalking/sexual assault/domestic violence per Labor Code sections 230 and 230.1. 2. F AMILY S ICK L EAVE (“K IN C ARE ”) Labor Code section 233, subsection (a), provides that any employer who provides sick leave for employees shall permit an employee to use, in any calendar year, up to one-half of their annual accrual of paid sick leave for diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee's family member. All conditions and restrictions placed by the employer upon the use by an employee of normal sick leave apply to the use of family sick leave. Traditional sick leave policies that go beyond these minimum requirements can also be used, so long as they provide the minimum requirements.

“Sick leave” under this section refers to compensated leave provided by an employer to an employee as an employment benefit for use during an absence due to a physical or mental illness

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 25