Human Resources Academy II for Community College Districts

C ATASTROPHIC L EAVE

Section 4

A. O VERVIEW Education Code section 87045 authorizes, but does not require, community college district governing boards to establish catastrophic leave programs. 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(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(a)(2) defines “eligible leave credits” to mean, “vacation leave and sick leave accrued to the donating employee.”

B. R EQUIREMENTS FOR D ONATING L EAVE Education Code section 87045(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.

C. D ONATION AND U SE OF E LIGIBLE L EAVE C REDITS Section 87045(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(e) requires that, if an employee deemed eligible to receive catastrophic leave credits continues to

Human Resources Academy II for Community College Districts ©2019 (c) Liebert Cassidy Whitmore 30