Atascadero USD | AR 4361.11, 4161.11 Personnel
Industrial Accident/Illness Leave
For such leave, the employee shall be granted no more than 60 working days in any one fiscal year for the same industrial accident or illness.
(cf. 4361 - Leaves)
Allowable industrial accident/illness leave shall not accumulate from year to year. (Education Code 44984)
When a certificated employee is absent from his/her duties because of an industrial accident or illness: (Education Code 44984)
1. Industrial accident or illness leave shall start on the first day of absence.
2. The employee shall be paid such portion of the salary due for any month in which the absence occurs as, when added to the temporary disability indemnity under Division 4 or 4.5 of the Labor Code, will result in a payment to the employee of not more than his/her normal wage or salary.
3. Industrial accident or illness leave shall be reduced by one day for each day of authorized absence, regardless of a temporary disability indemnity award.
4. When an industrial accident or illness leave overlaps into the next fiscal year, the employee is entitled to only the amount of unused leave due the employee for the same illness or injury.
Upon expiration of allowable leave for an industrial accident or illness, the employee may use personal illness and injury leave. If the employee continues to receive temporary disability indemnity, he/she may elect to take as much of the accumulated sick leave which, when added to his/her temporary disability indemnity, will result in a payment to the employee of not more than the employee's full salary. (Education Code 44984)
During any paid leave of absence, the employee shall endorse to the District any workers' compensation checks received on account of his/her industrial accident or illness. The District shall then issue payment of the employee's normal wage or salary less any appropriate deductions, including, but not limited to, employee retirement contributions. (Education Code 44043)
Any employee receiving benefits under this leave shall, during periods of injury or illness, remain within the State of California unless the Board of Trustees authorizes travel outside the state. (Education Code 44984)
Absence for industrial accident or illness shall not be considered a break in service of the employee. An employee using such leave shall retain all status and benefits to which he/she would otherwise be entitled.
(cf. 4116 - Probationary/Permanent Status)
(cf. 4216 - Probationary/Permanent Status)
When available industrial accident or illness leave has been exhausted, the employee shall be so notified in writing and shall be offered an opportunity to request any additional paid or unpaid leave available to the employee. (Education Code 45192)
If a certificated employee is unable to resume the duties of his/her position after exhausting all accumulated sick leave, including the consecutive five-month period provided by Education Code 44977, he/she shall, if not placed in another position, be placed on a reemployment list for a period of 24 months if he/she is a probationary employee or 39 months if he/she is a permanent employee. If the employee becomes medically able to resume duties during the period of reemployment eligibility, he/she shall be returned to employment in a position for which he/she is credentialed and qualified. (Education Code 44978.1)
44043 Temporary disability
44044 Temporary disability checks; waiver of endorsement to district
44977 Salary deductions during absence from duties
44978 Provisions for certificated employee sick leave
44978.1 Inability of certificated employee to return to duty; placement in another position or on reemployment list
44983 Exception to sick leave
44984 Industrial accident and illness leave, certificated employees
45191 Personal illness and injury leave, classified employees
45192 Industrial accident and illness leave, classified employees
Department of Industrial Relations: http://www.dir.ca.gov
Regulation ATASCADERO UNIFIED SCHOOL DISTRICT
approved: May 2, 2000 Atascadero, California
revised: March 4, 2014