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District Policies

Viewing Policy: SP 4161 Leaves



LEAVES

 

 

The San Benito County Superintendent of Schools shall provide for paid and unpaid leaves of absence for employees in accordance with law, policy, regulation, and collective bargaining agreements.

 

The County Superintendent recognizes the following include justifiable reasons for employee absence:

 

  1. Personal illness or injury

 

  1. Industrial accident or illness

 

  1. Family care and medical leave

 

  1. Military service

 

  1. Personal necessity and personal emergencies

 

  1. Disability leave for certificated employees in accordance with Education Code 44986

 

  1. Vacations for classified staff

 

  1. Sabbaticals for purposes of study or training related to the employee’s job duties

 

  1. Attendance at work-related meetings and staff development opportunities

 

  1. Compulsory leave

 

 

 

Long-Term Leaves

 

With County Superintendent approval, an employee may receive a leave of absence, without pay and without accruing seniority or service credit, for a period of up to one school year. Applications for long-term leave shall be made in writing and shall state the purpose for which leave is requested. All long-term leave agreements shall be in writing and shall state the terms and conditions of the leave, including the conditions governing the employee’s return.

 

At the end of a long-term leave, the employee shall be reinstated to a similar position as that held at the time leave was granted, unless otherwise agreed upon in writing.

 

The County Superintendent shall consider any written request by an employee to return to work prior to the expiration date of the leave.

 

 

LEAVES (continued)

 

Administrative and Supervisory Personnel

 

Certificated administrative and supervisory employees who are not subject to the County Office’s bargaining agreement for certificated employees shall generally be entitled to those leave provisions provided in the bargaining agreement for other certificated employees unless otherwise specified in individual contract, memorandums of understanding, County Office policy, regulation, or law.

 

Classified administrative and supervisory employees who are not subject to the County Office’s bargaining agreement for classified employees shall generally be entitled to those leave provisions provided in the bargaining agreement for other classified employees unless otherwise specified in individual contract, memoranda of understanding, County Office policy, regulation, or law.

 

 

Legal Reference:

EDUCATION CODE: 1290-1302 Certificated employees; 1311  Classified employees; 22850-22856 Pension benefits, STRS members on military leave 35160-35160.2 Authority of county superintendent

44018  Compensation for employees on active military duty;45190-45210 Leaves of absence (classified)

FAMILY CODE: 297-297.5  Registered domestic partner rights, protections and benefits GOVERNMENT CODE

  • Release time for representatives of employee organizations cope of representation

12945.1-12945.2  California Family Rights Act

20990-21013 Pension benefits, PERS members on military leave LABOR CODE

230-230.2 Leaves for victims of domestic violence, sexual assault or specified felonies

  • Leave for emergency personnel
  • Leave for volunteer firefighters

230.8 Leave to visit child’s school

233 Illness of child, parent, spouse or domestic partner MILITARY AND VETERANS CODE

395-395.9  Military leave

395.10  Leave when spouse on leave from military deployment UNITED STATES CODE, TITLE 29

2601-2654 Family and Medical Leave Act of 1993 UNITED STATES CODE, TITLE 38

4301-4334 Uniformed Services Employment and Reemployment Rights Act of 1994

 

Policy Approved: 10-11-18