An Administrator's Guide to California Private School Law

Chapter 8 – Leaves And Absences

8. P ERSONNEL M ANAGEMENT /R ISK M ANAGEMENT S UGGESTION Employee athletic injuries constitute an area of substantial exposure. Specific steps can be taken in order to reduce the school’s liability. Our recommendations include: (1) adopt a formalized policy concerning employee participation in athletic activities. If the school provides recreational facilities, the policy should carefully spell out what activities are “authorized” by the school. (2) If school facilities are used, or the school permits employees to conduct competitive athletic activities on school property, each employee should sign an acknowledgment that his participation in these activities is purely voluntary. A sample form is included at the end of this section. (3) Ensure that notices advising employees of the provisions of Labor Code Section 3600(a)(9) are conspicuously placed in areas where employees congregate and at any gym or other exercise facilities maintained by the school for use by employees. These notices are ordinarily available from your workers’ compensation carrier or adjusting agent. The language approved by the Department of Industrial Relations reads as follows: “(Name of School) or its insurance carrier may not be liable for the payment of workers’ compensation benefits for any injury which arises out of an employee’s voluntary participation in any off-duty recreational, social or athletic activity which is not a part of the employee’s work-related duties.” Sample Acknowledgment – Participation in Athletic Event Participation by employees of the (Name of School) in (describe activity) is strictly voluntary . No school employee is expected to participate in (describe activity), and participation in (describe activity) is not a part of any school employee’s work-related duties. The (Name of School) will not be liable for the payment of workers’ compensation benefits for any injury which arises from participation in (describe activity). I acknowledge receipt of this notice. Date: _____________ Signature of Employee: ________________________________ 9. P ERSONAL C OMFORT A ND C ONVENIENCE Employees who are injured while engaged in activities aimed at their personal comfort, e.g., drinking, eating, resting, smoking, using toilet facilities, etc., generally enjoy compensation coverage if their activities bear a necessary relationship to their employment. However, off- premise activities, unless done with the school’s knowledge and consent, for a work-related purpose, are not compensable. 1441

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