An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

2. P REMISES L INE The employment relationship begins when the employee enters the school’s premises. If an employee is on the school’s premises, ordinarily there would be coverage even if the employee had not officially reported in or had just reported out. The key issue becomes the boundaries of the school’s premises. 3. E NTRANCE , E XIT If the employee has reached the entrance of the place of employment, any injury sustained at that point would be within the course of employment and compensable. In fact, the place of employment extends to the perimeter of the property owned or controlled by the school, including the parking lot. Public parking lots, on the other hand, are not considered the school’s premises. 4. S CHOOL C OMPENSATED T RAVEL In certain special circumstances, an employee may be found to be in the course of employment even if the injury occurred while going or coming from work. When a school furnishes an employee with transportation to and from work, including compensating the employee for the time spent, paying for fuel or mileage, furnishing a school automobile or arranging ride sharing with pay, an injury incurred in the course of travel is likely to be held compensable. 5. R EQUIRED T RANSPORTATION When an employee is sent on an errand, given a special assignment, sent to a conference or training program, or assigned to travel as part of the job, the activity is in the course of employment. Injuries sustained in an activity which involves mixed business and pleasure are compensable if the arrangement is expressly or impliedly approved by the school. 6. P ERSONAL A CTIVITIES An employee is not in the course of employment when engaged in activities for personal purposes, whether on or off the school’s premises, when the activities are of no benefit to the school. 1417 However, if the employee’s activities have a dual purpose, i.e., if personal acts are combined with the business of the school, and the business aspects are a substantial factor, the employee would be considered to be in the course of employment. a. Lunch And Coffee Breaks An injury sustained during an unpaid, off-premises lunch break while obtaining and depositing a paycheck was held to be at the employee’s convenience and was not compensable. 1418 b. Before And After Work Hours An employee who sustains an injury on the school’s premises outside of regular working hours will not be covered by workers’ compensation unless:

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 322