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Hope ESD  |  BP  4361.1  Personnel

Personal Illness and Injury Leave   

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Every certificated employee working five school days each week is entitled to ten days' personal illness or injury leave of absence per school year with full pay. Such leave for employees working less than five days per week shall be proportionately less. (Education Code 44978)

Sick leave shall be credited at the beginning of the school year. (Education Code 44978) Employees who do not complete a year of service will be charged for any unearned sick leave used as of the date of termination.

Unused days of sick leave shall be accumulated from year to year without limitation. (Education Code 44978)

Employees may use sick leave as provided for in this policy for absences due to pregnancy, miscarriage, childbirth and recovery. (Education Code 44978)

The Superintendent shall establish regulations requiring proof of illness or injuries reported by employees and specifying procedures by which such verification shall be made. (Education Code 44978)

The Superintendent has the authority to require an employee to submit to a physical and or mental examination to verify the need to any medical leave of absence.

Upon request, employees who terminate their service to the district may have their accumulated sick leave transferred to their next district of employment. (Education Code 44979)

Sick Leave Beyond Ten Days

When a certificated employee has used up all his/her current and accumulated sick leave and is still absent due to illness or accident, the employee shall receive his/her salary, minus the cost of a substitute to fill the position, for a period not to exceed five continuous school months.

PERSONAL ILLNESS AND INJURY LEAVE

Legal Reference:

EDUCATION CODE

44964 Power to grant leave of absence in case of illness, accident or quarantine

44965 Granting of leaves of absence for pregnancy and childbirth

44977 Salary deduction during absence from duties

44978 Provisions for sick leave of certificated employees

44979 Transfer of accumulated sick leave

44980 Transfer of accumulated leave for injury or illness

44981 Leave of absence for personal necessity

44983 Exception to sick leave when district adopts specific rule

44986 Leave of absence for disability allowance applicant

NAPA VALLEY EDUCATOR'S ASSN V NAPA VALLEY UNIFIED SCHOOL DISTRICT. (1987) 194 Cal. App. 3d 243.

LABOR CODE

234 Absence control policy

Policy HOPE SCHOOL DISTRICT

adopted: July, 1992 Santa Barbara, California