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Menifee Union SD |  BP  4361.1  Personnel

Personal Illness Leave - Temporary, Substitute And Short-Term Employees   

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The purpose of this policy to provide paid sick days to temporary, substitute, and short­term employees as required by the Healthy Workplaces, Healthy Families Act of 2014 (Assembly Bill 1522).

The provisions of this policy shall not apply to District employees covered by a valid collective bargaining agreement that provides for: (1) the wages, hours of work, and working conditions of employees; (2) paid sick days or a paid leave or paid time off policy that permits the use of sick days for those employees; (3) final and binding arbitration of disputes concerning the application of its paid sick days provisions; (4) premium wage rates for all overtime hours worked; and (5) a regular hourly rate of pay of not less than 30 percent more than the state minimum wage rate. (Labor Code 245.5)

To the extent that an employee subject to this policy is also subject to a separate policy or regulation, legal standard, and/or contract that provides greater sick leave rights than set forth in this policy, those greater rights shall apply over those in this policy.

(cf. 4161.2/4261.2/4361.2- Personal Leaves)

(cf. 4361.11 - Sick Leave - MLT Certificated Employees - MLT Administrative Employees)

Accrual of Sick Days

Employees who work for 30 or more days within a year from the commencement of employment with the District shall receive 24 hours of sick leave per fiscal year, which shall be available for use beginning on the 90th day of employment. Employees shall receive the full amount of sick leave at the start of each fiscal year.

Any unused accrued paid sick time shall not carry over to the following fiscal year.

Pay for sick leave used under this section shall be the same as the pay the employee would have received had the employee served during the day.

Use of Sick Leave

Upon the oral or written request of an employee, the District shall provide paid sick days for the following purposes:

1. Diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee's family member.

2. For an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code 230(c) and 230.l(a).

"Family member" includes: (1) a child, which means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; (2) a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; (3) a spouse; (4) a registered domestic partner; (5) a grandparent; (6) a grandchild; and (7) a sibling.

An employee is not required to find a substitute to replace her/him during her/his sick leave. However, if the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification so that the District can secure a substitute in a timely manner. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable.

An employee may determine how much paid sick leave he or she needs to use, provided that he or she may not take sick leave in an increment less than two hours. If an assignment is scheduled for less than two hours, an employee may utilize paid sick leave for the entire assignment.

The District may, for legitimate business reasons, require an employee to present documentation or other information verifying the reasons for requesting sick leave. If the District concludes that the absence is not based on the purposes for sick leave set forth in this policy, the District may refuse to grant such leave.

However, the District shall not deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using accrued sick days, attempting to exercise the right to use accrued sick days, filing a complaint or alleging a violation of Labor Code sections 245-249, cooperating in an investigation or prosecution of an alleged violation of Labor Code sections 245-249, or opposing any policy or practice or act that is prohibited by Labor Code sections 245-249.

The Superintendent or designee shall display a poster at a conspicuous location containing required information, provide notice to eligible employees of their sick leave rights, keep records of employees' sick leave use for three years, and comply with all other applicable requirements in Labor Code 245-249.

Legal Reference:

EDUCATION CODE

44845 Date of employment

44916 Time of classification; statement of employment stats

44917 Classification of substitute employees

44919 Classification of temporary employees

44978 Provisions of sick leave for certificated employees

45103 Classified service

45191 Provisions of sick leave for classified employees

GOVERNMENT CODE

3540.1 Educational Employment Relations Act. definitions

LABOR CODE

220 Sections inapplicable to public employees

230 Jury duty; legal actions by domestic violence. sexual assault and stalking victims. right to time off

230.1 Employers with 25 or more employees; domestic violence. sexual assault and stalking victims, right to time off

233 Illness of child, parent, spouse or domestic partner

234 Absence control policy

245-249 Healthy Workplaces, Healthy Families Act of 2014

Management Resources:

WEB SITES

Department of Industrial Relations: http://www.dir.ca.gov/dlse/ab1522.html

Policy MENIFEE UNION SCHOOL DISTRICT

adopted: September 8, 2015 Menifee, California