(cf. 4161/4261 - Leaves)
(cf. 4161.9/4261.9/4361.9 - Catastrophic Leave Program)
(cf. 4361 - Leaves)
An employee may take sick leave at any time during the school year, even if credit for sick leave has not yet been accrued. (Education Code 44978)
An employee who does not complete a given year of service shall 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)
An employee shall notify the district of his/her need to be absent as soon as such need is known, so that substitute services may be secured. Employees shall report all absences to the automated attendance system (SEMS). This notification shall include an estimate of the expected duration of absence. If the absence becomes longer than estimated, the employee shall so notify the district. If the duration of absence becomes shorter than estimated, the employee shall notify the district not later than 3 p.m. of the day preceding the day on which he/she intends to return to work. If failure to so notify the district results in a substitute being secured, the cost of the substitute shall be deducted from the employee's pay.
(cf. 4121 - Temporary/Substitute Personnel)
Verification Requirements
The Superintendent or designee may, at any time, require additional written verification by the employee's physician or practitioner. Such verification shall be required whenever an employee's absence record shows chronic absenteeism or a pattern of absences immediately before or after weekends and/or holidays or whenever clear evidence indicates that an absence is not related to illness or injury.
The Superintendent or designee may require an employee to visit a physician selected by the district and at district expense in order to receive a report on the medical condition of the employee. The report shall include a statement as to the employee's need for further leave of absence and a prognosis as to when the employee will be able to return to work. If the report concludes that the employee's condition does not warrant continued absence, the Superintendent or designee may, after giving notice to the employee, deny further leave.
Before returning to work, an employee who has been absent for surgery, hospitalization or extended medical treatment may be asked to submit a letter from his/her physician stating that he/she is able to return and stipulating any recommended restrictions or limitations.
(cf. 4032 - Reasonable Accommodation)
(cf. 4113.4/4213.4/4313.4 - Temporary Modified/Light-Duty Assignment)
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
44976 Transfer of leave rights when school is transferred to another district
44977 Salary deduction during absence from duties
44978 Provisions for sick leave of certificated employees
44979 Transfer of accumulated sick leave to another district
44980 Transfer of accumulated sick leave to a county office of education
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
LABOR CODE
233 Illness of child, parent, spouse or domestic partner
CODE OF REGULATIONS, TITLE 5
5601 Transfer of accumulated sick leave
Regulation LOS GATOS UNION SCHOOL DISTRICT
approved: June 10, 2003 Los Gatos, California