South San Francisco USD | BP 4121 Personnel
Paid Sick Leave
Any temporary or substitute employee who works for 30 or more days within a year of his/her employment shall be credited on July 1 of each calendar year of employment with 24 hours of paid sick leave for use during that same year. Unused sick leave shall not carry over to the following year of employment. An employee is eligible to take sick leave once he/she has completed 90 days of employment and worked 30 days for the District.
A temporary or substitute employee may use accrued sick leave for absences due to:
1. The diagnosis, care or treatment of an existing health condition of, or preventative care for, the employee or his/her family member (which includes parent, child, spouse, registered domestic partner, parent-in-law, sibling, grandchild or grandparent) as defined in Labor Code 245.5; and/or
2. The need of the employee to obtain or seek any relief or medical attention for the health, safety, or welfare of the employee, or his/her child, when the employee has been a victim of domestic violence, sexual assault, or stalking.
If the need for sick leave is foreseeable, an employee must provide reasonable advance notice either orally or in writing to his/her supervisor of an absence from work. If the use of sick leave is unforeseeable, an employee must provide notice either orally or in writing to his/her supervisor of the need to use sick leave as soon as practicable. In all circumstances, an employee is responsible for specifying the underlying reason in general terms for use of sick leave, so that the absence may be designated as sick leave. Failure to obtain approval as soon as possible after determining the need to take such leave may result in discipline.
Sick leave may be used in increments of two hours or greater to cover all or part of a work day. Sick leave benefits will be based upon the employee's current regular rate of pay. If an employee has two different rates of pay, sick leave will be paid upon an average of the two rates of pay.
Employees using sick leave are not required to search for or find a replacement employee to cover their designated sick-leave absence.
Separation from Employment & Rehire
An employee who separates from employment with the District will not be paid out unused sick leave at separation. If an employee is rehired within the same 12-month period in which the separation occurred, and the employee previously qualified for use of sick leave, the employee will receive back the unused portion of his/her annual sick leave allotment and will be able to use that time as of the date of rehire. If the employee is hired back within 12 months of his/her separation from employment, and the employee previously qualified for use of sick leave, but the reemployment occurs in a new 12-month period, the employee will receive the full 3 days or 24 hours of sick leave for the new 12-month period and will be eligible to use it upon rehire. If the employee did not qualify to use sick leave (i.e., did not work a total of 90 days from the prior employment to the time of rehire), the employee is required to work 90 days total, including days worked in prior employment, before the employee may use sick leave.
Discrimination & Retaliation Prohibited
No employee shall be denied the right to use accrued sick days and the District shall not in any way discriminate or retaliate against any employee for using or attempting to use sick leave, filing a complaint with the Labor Commissioner, or alleging district violation of Labor Code 245-249. The Superintendent or designee shall display a poster containing required information, provide notice to eligible employees of their sick leave rights, keep records of employees' use of sick leave for three years, and comply with other requirements specified in Labor Code 245-249 and in AR 4161.1/4361.1.
Policy SOUTH SAN FRANCISCO UNIFIED SCHOOL DISTRICT
adopted: June 25, 2015 South San Francisco, California