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Chapter 19. Child Care And Development Programs Subchapter 3. General Child Care Programs Article 3. Enrollment Limited Term Service Leave Requirements   

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(a) If the family will temporarily not have a need for subsidized child care and development services as specified in Education Code section 8263(a)(2), the contractor may grant the family a limited term service leave. Reasons for a limited term service leave shall include medical leave and family leave, and may include, but are not limited to, break in employment, school break, the child's visit with the non-custodial parent that is not ordered by the court, or family vacation in excess of best interest days as specified in section 18066(f). Family leave means a leave:

(1) For the birth and care of the newborn child of the parent,

(2) For placement with the parent of a child for adoption or foster care, and

(3) To care for the parent's child, spouse, or parent who has a health condition.

(b) If the contractor offers limited term service leaves, the contractor:

(1) Shall provide equal access to limited term service leaves; and

(2) May set a limit on the number of leaves to be granted in a contract year based on an assessment of contract resources pursuant to section 18054.

(c) If the contractor grants a limited term service leave:

(1) The family shall not be disenrolled from the program;

(2) The service agreement with the parent shall indicate that no services will be provided during the limited term service leave; and

(3) The contractor shall not report the child as enrolled nor claim reimbursement from the California Department of Education while the child is on a limited term service leave.

(d) A limited term service leave shall not exceed 12 consecutive weeks in duration, except as specified in subdivisions (e) and (f).

(e) A limited term service leave from employment or training shall not exceed 16 consecutive weeks in duration if the leave is for:

(1) A medical or family leave; or

(2) A period when the vocational training program is not in spring, fall, or winter sessions.

(f) A limited term service leave may be granted for any portion of the contract period in which a child is attending an After School Education and Safety Program, pursuant to Education Code sections 8482 et seq., or a federal 21st Century Community Learning Centers program, as referenced in Education Code sections 8484.7 et seq.

Authority cited:

Education Code 8261

Education Code 8263

Education Code 8265

Education Code 8269


Education Code 8206

Education Code 8261

Education Code 8263

Education Code 8265

(Amended By Register 2008, No. 22.)