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

Section 87045, subdivision (a)(2) defines “eligible leave credits” to mean, “vacation leave and sick leave accrued to the donating employee.”

a. Adopting Rules and Regulations Section 87045, subdivision (d) requires any governing board that chooses to provide a catastrophic leave program to adopt rules and regulations that, at a minimum, include the following:

 The maximum amount of time for which donated leave credits may be used, but not to exceed a maximum period of 12 consecutive months;  The verification of catastrophic injury or illness required under Section 87045, subdivision (b)(1); and

 Making all transfers of eligible leave credit irrevocable.

b. Donating Sick Leave Education Code section 87045, subdivision (b) establishes the following requirements, all of which must be met, for leave credits to be donated to an employee for a catastrophic illness or injury:

 The employee requiring the leave credits requests that eligible leave credits be donated and provides verification of catastrophic injury or illness as required by the governing board;  The governing board determines that the employee is unable to work due to the employee’s or his or her family member’s catastrophic illness or injury; and

 The employee has exhausted all accrued paid leave credits.

Section 87045, subdivision (c) provides that if the transfer of eligible leave credits is approved by the governing board, any employee may, upon written notice to the board, donate eligible leave credits at a minimum of eight hours, and in hour increments thereafter. Section 87045 subdivision (e) requires that if an employee deemed eligible to receive catastrophic leave credits continues to accrue leave on a monthly basis, the employee must use the accrued leave before using catastrophic leave credits. 2. C OLLECTIVE B ARGAINING A GREEMENT P ROVISIONS Section 87045, subdivision (f) provides that notwithstanding the requirements and procedures described above, a district’s governing board and the exclusive bargaining representative may negotiate specific catastrophic leave program requirements in any Collective Bargaining Agreement.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2018 (c) Liebert Cassidy Whitmore 51