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

Further, community college districts must pay employees who utilize differential leave for parental leave no less than 50 percent of their salary for the length of the leave for which an employee utilizes differential leave pay, regardless of the differential leave pay system used by the applicable school or community college district. 115 Thus, if an employee would receive more than 50 percent of his/her/their salary under the differential leave pay system, a school or community college district may use its existing differential leave pay system to determine the rate of pay for the employee on leave. If an employee would receive less than 50 percent of his/her/their salary under the differential leave pay system, the school or community college district must pay the employee not less than 50 percent of his/her/their salary during the employee’s parental leave. 4. I NDUSTRIAL A CCIDENT L EAVE Education Code section 88192 requires community college district governing boards to provide, by rules and regulations, for industrial accident or illness leaves of absence for classified employees. Specifically, such rules and regulations must provide:

 Allowable leave not be for less than 60 working days in any one fiscal year for the same accident;

 Allowable leave not be cumulative from year to year;

 Industrial accident or illness leave of absence commence on the first day of absence;  Payment for wages lost on any day, when added to an award granted the employee under California’s workers’ compensation laws, may not exceed the normal wage for the day;  Industrial-accident leave be reduced by one day for each day of authorized absence regardless of a compensation award made under workers’ compensation; and  When an industrial accident or illness occurs such that the full 60 days overlaps into the next fiscal year, the employee shall be entitled to only that amount remaining at the end of the fiscal year in which the injury or illness occurred, for the same illness or injury. 116

The industrial accident or illness leave of absence is to be used in lieu of entitlements acquired under Education Code section 88191. 117 When entitlement to industrial accident or illness leave has been exhausted, entitlement to other sick leave will then be used. If an employee is receiving workers’ compensation, however, he/she/they is entitled to use only so much of his/her/their accumulated or available sick leave, accumulated compensatory time, vacation, or other available leave, which, when added to the workers’ compensation award, provide for a full day’s wage or salary.

Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts ©2020 (c) Liebert Cassidy Whitmore 43