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

whose rights under this section are violated shall be entitled to reinstatement and actual damages or one day’s pay, whichever is greater, and to appropriate equitable relief. 125

However, AB 1522 now puts a different spin on the Kin Care law as there is a broader definition of "family member" under AB 1522, including grandparent, grandchild, sibling, and parent-in- law. The end result of reading the AB 1522 and Kin Care obligations together is that an employee's use of paid sick leave to care for a family member pursuant to AB 1522 will not necessarily count towards the employee's Kin Care law entitlement; it will depend on which family member the employee is caring for. Example #1: Employer provides 12 sick days per year, accrued at the rate of one per month. Employee has accrued six days of sick leave. He may use 3 days of sick leave (half of actually accrued leave) to care for a family member. Example #2: Employer provides 12 sick days per year, accrued at the rate of one per month. Employee has accrued 20 days of sick leave. She may use 6 days of leave (half of accrued leave, capped at half of annual allotment) to care for a family member. c. Education Code Section 87784 Education Code section 87784 similarly permits an employee to elect to use accrued sick days, up to a maximum of six (6) such days per school year, for cases of personal necessity. 126 An employee need not secure advanced permission for leaves taken because of:

 Death or serious illness of a member of the employee’s immediate family; or  Accident, involving the employee’s person or property, or the person or property of a member of his or her immediate family.

The governing board is mandated to adopt rules and regulations requiring and prescribing the manner of proof of personal necessity for purposes of this section. 127

3. S ICK L EAVE G RANTED BY S TATUTE Education Code section 87781 entitles academic employees, employed five days a week by a community college district, to 10 days’ leave of absence for illness or injury at full pay, plus any additional days that the governing board may allow for illness or injury. This 10 day calculation is exclusive of all days the employee is not required to render service to the district. An employee employed for less than five schooldays a week is entitled to a proportional share of the above. Credit for leave of absence need not be accrued before taking leave by the employee and the leave of absence may be taken at any time during the college year. Any unused leave days may be accumulated from year to year with additional days as the governing board may allow. 128 Each community college district governing board is required to adopt rules and regulations requiring and prescribing the manner of proof of illness or injury for the purposes of this section.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 47