Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

The Education Code provides that pay for such days of absence shall be the same as employee’s pay for a day of service. 96 Moreover, an employee may take such leave at any time during the year, and credit for a leave of absence need not be accrued before taking the leave. However, a new district employee shall not be eligible to take more than six days, or the proportionate amount to which the employee may be entitled, until the first day of the calendar month after completion of six months of active service with the district. If an employee does not take the full amount of leave allowed in any year, the amount not taken accrues from year to year with such additional days as the governing board may allow. 97 Each district governing board shall adopt rules and regulations requiring and prescribing the manner of proof of illness or injury for the purpose of this section. Such rules and regulations shall not discriminate against evidence of treatment, and the need thereof, by the employee’s practice of a religion of any well-recognized religious sect, denomination or organization. 98 The above rules on classified employees’ sick leave do not apply to districts with more than 400,000 full-time equivalent students, as long as the district maintains sick leave policies not less than those in effect in such districts on January 1, 1961. 99 Effective July 1, 2015, California’s Paid Sick Leave Law (“AB 1522” or Labor Code section 245 et seq .) requires that all employees who have worked for more than 30 days for an employer be provided paid sick leave at the accrual rate of one hour of sick leave for every 30 hours worked, up to a minimum of 3 days or 24 hours of paid sick leave to be provided in a 12-month period. An employee can only accrue paid sick leave up to a cap of 6 days or 48 hours ongoing. Any unused accrued paid sick leave does carryover year to year while continuously employed. Alternatively, the employer can provide each employee with 3 days or 24 hours of paid sick leave at the beginning of each 12-month period. Any unused paid sick leave from the previous 12-month period will not carryover to the new 12-month period. An employee is not eligible to begin using any accrued paid sick leave until the 90th day of employment with the Agency.

Traditional sick leave policies that go beyond these minimum requirements can also be used, so long as they provide the minimum requirements.

Under AB 1522, the first 3 days/24 hours (whatever is more) in a 12-month period must be available to use for the employee’s own illness, the illness of an immediate family member (parent, child, spouse, registered domestic partner, parent-in-law, grandparent, grandchild and sibling), or for a victim of stalking/sexual assault/domestic violence per Labor Code sections 230 and 230.1.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 40