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Viewing Policy: SP 4161.2 Personal Leaves



                                                                                                                                  

PERSONAL LEAVES

 

Personal leaves granted to Department employees shall be used as provided for in this County Superintendent’s policy, other Department regulations, or applicable collective bargaining agreements.  Bargaining unit members should reference the applicable collective bargaining agreement provisions discussing leaves.  Members of the San Benito County Office of Education Teachers’ Association should refer to Article VII of the Agreement and the San Benito County Classified Employees Association should refer Article XI of the Agreement.  Where there are differences between this policy and the bargaining agreements, the applicable bargaining agreement shall prevail.

 

For the purpose of any personal leave offered pursuant to state law, a registered domestic partner shall have the same rights, protections, and benefits as a spouse and protections provided to a spouse’s child shall also apply to a child of a registered domestic partner.  (Family Code 297.5)

 

Whenever possible, employees shall request personal leaves in advance and prepare suitable lesson plans or instructions for a substitute employee.

 

Bereavement

 

Employees are entitled to a leave not to exceed three days, or five days if out-of-state travel is required, upon the death of any member of the employee’s immediate family. No deduction shall be made from the employee’s salary, nor shall such leave be deducted from any other leave to which the employee is entitled.  (Education Code 44985, 45194)  If additional absence is required beyond the bereavement allowance, additional time off shall be designated as personal necessity leave up to a maximum of seven days. Leave beyond personal necessity availability shall be charged against the employee’s vacation time, or if there is no accrued vacation time, the employee’s salary will be deducted.

 

Members of the immediate family include: (Education Code 44985, 45194)

 

  1. The mother, father, grandmother, grandfather, aunt, uncle, niece, nephew, or grandchild of the employee or of the employee’s spouse. Mother and father are defined to include stepmother and stepfather.

 

  1. The employee’s spouse, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister or sister-in-law. Son and daughter are defined to include stepson and stepdaughter.

 

  1. Any relative living in the employee’s immediate household.

 

At the employee’s request, bereavement leave may be extended under personal necessity leave provisions as provided below.  (Education Code 44981, 45207)

 

                                                                                                                                  

PERSONAL LEAVES (continued)

 

Personal Necessity

 

Employees may use a maximum of seven days of their accrued personal illness/injury leave during each school year for reasons of personal necessity.  (Education Code 44981, 45207) Absence for personal necessity must be taken in increments of not less than one hour.

 

Acceptable reasons for the use of personal necessity leave include:

 

  1. Death of a member of the employee’s immediate family when the number of days of absence exceeds the limits set by bereavement leave provisions. (Education Code 44981, 45207)
  2. An accident involving the employee’s person or property or the person or property of a member of the employee’s immediate family. (Education Code 44981, 45207)

 

  1. A serious illness of a member of the employee’s immediate family. (Education Code 44981)

 

  1. An employee’s appearance in any court or before any administrative tribunal as a litigant, party, or witness under subpoena or other order. (Education Code 45207)

 

  1. Other compelling reason as approved by the employee’s supervisor and the County Superintendent or designee.

 

Members of the immediate family means the mother, father, grandmother, grandfather, or grandchild of the employee or the spouse of the employee; the spouse, son, son-in-law, daughter, daughter-in-law, brother or sister of the employee, or other person(s) living in the immediate household of the employee.  Mother and father are defined to include stepmother and stepfather; son and daughter are defined to include stepson and stepdaughter.

 

Advance permission shall not be required of any employee in cases involving the death or serious illness of a member of the employee’s immediate family or an accident involving the employee’s person or property or the person or property of a member of his/her immediate family.  (Education Code 44981, 45207)

 

An employee may use up to three days per year, which will be charged to his/her accumulated sick leave as personal necessity leave without stating a reason due to the confidential nature of the circumstances.  Pre-approval must be obtained from the employee’s supervisor prior to sue of confidential personal necessity leave.

 

No such leave shall be granted for purposes of personal convenience, for the extension of a holiday or vacation, or for matters which can be taken care of outside of working hours.  The

                                                                                                                                  

PERSONAL LEAVES (continued)

 

County Superintendent or designee shall have final discretion as to whether a request reflects personal necessity.

 

After any absence in which advance permission is not required due to personal necessity, the employee shall verify the absence by submitting a completed and signed  absence form to his/her immediate supervisor.

 

Legal Duties

 

Classified employees called for jury duty shall be granted leave with pay up to the amount of the difference between the employee’s regular earnings and any amount received for jury fees. (Education Code 44037)

 

Certificated employees also shall be granted leave for jury duty with pay up to the amount of the difference between the employee’s regular earnings and any amount received as juror’s fees.

 

Employees shall be granted leaves to appear in court as witnesses other than litigants or to respond to an official order from another governmental jurisdiction for reasons not brought about through the connivance or misconduct of the employee. Such employees shall receive pay up to the amount of the difference between the employee’s regular earnings and any amount received for witness fees.

 

An employee may take time off work in order to:  (Labor Code 230)

 

  1. Serve on an inquest jury or trial jury.

 

  1. Comply with a subpoena or other court order to appear as a witness.

 

Notices, summons, and subpoenas for court appearances shall be submitted to the Department office when requesting leave.

 

Leaves for Crime Victims

 

An employee may be absent from work in order to attend judicial proceedings related to a crime when he/she is a victim, immediate family member of a victim, registered domestic partner of a victim, or child of a registered domestic partner of a victim of the following crimes: .(Labor Code 230.2)

 

  1. A violent felony as defined in Penal Code 667.5(c).

 

  1. A serious felony as defined in Penal Code 1192.7(c).

 

                                                                                                                                  

PERSONAL LEAVES (continued)

 

  1. A felony provision of law proscribing theft or embezzlement.

 

For these purposes, the employee may use vacation, personal leave, personal illness/injury leave, compensatory time off that is otherwise available to the employee, or unpaid leave. (Labor Code 230.2)

 

Prior to taking time off, an employee shall give his/her supervisor a copy of the notice of each scheduled proceeding that is provided by the responsible agency, unless advance notice is not feasible. When advance notice is not feasible or an unscheduled absence occurs, the employee shall, within a reasonable time after the absence, provide documentation evidencing the judicial proceeding from the court or government agency setting the hearing, the district attorney or prosecuting attorney’s office, or the victim/witness office that is advocating on behalf of the victim. (Labor Code 230.2)

 

The Department shall keep confidential any records pertaining to the employee’s absence from work.  (Labor Code 230.2)

 

Leaves for Victims of Domestic Violence or Sexual Assault

 

An employee who is a victim of domestic violence or sexual assault as defined by law may take time off work to obtain or attempt to obtain any relief including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or his/her child.  (Labor Code 230)

 

In addition, an employee who is a victim of domestic violence or sexual assault may take time off work to attend to the following activities:  (Labor Code 230.1)

 

  1. Seek medical attention for injuries caused by domestic violence or sexual assault.

 

  1. Obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence or sexual assault.

 

  1. Obtain psychological counseling related to an experience of domestic violence or sexual assault.

 

  1. Participate in safety planning and take other actions to increase safety from future domestic violence or sexual assault, including temporary or permanent relocation.

 

An employee who is a victim of domestic violence or sexual assault may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment.  (Labor Code 230, 230.1)

 

                                                                                                                                  

PERSONAL LEAVES (continued)

 

Prior to taking time off, an employee shall give reasonable notice to his/her supervisor, unless advance notice is not feasible.  When an unscheduled absence occurs, the employee shall provide, within a reasonable period of time, certification of the absence in the form of any of the following documents:  (Labor Code 230, 230.1)

 

  1. A police report indicating that the employee was a victim of domestic violence or sexual assault.

 

  1. A court order protecting or separating the employee from the perpetrator of an act of domestic violence or sexual assault, or other evidence from the court or prosecuting attorney that the employee has appeared in court.

 

  1. Documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, health care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting from an act of domestic violence or sexual assault.

 

The Department shall maintain the confidentiality of such an employee to the extent authorized by law.  (Labor Code 230, 230.1)

 

Personal Leave for a Child’s School Activities

Any employee who is a parent/guardian of one or more children of an age to attend any of grades K-12 or a program offered by a licensed child care provider may use up to 40 hours of personal leave, vacation, or compensatory time off each school year in order to:  (Labor Code 230.8)

  1. Find, enroll, or reenroll his/her child in a school or with a licensed child care provider or to participate in activities of the school or child care provider, provided the employee gives reasonable advance notice of the absence. Time off for this purpose shall not exceed eight hours in any calendar month.

 

  1. Address a school or child care emergency, provided the employee gives notice. An emergency exists when the child cannot remain in school or with a child care provider due to one of the following circumstances:

 

  1. A request by the school or child care provider that the child be picked up.
  2. An attendance policy, excluding planned holidays, that prohibits the child from attending or requires that the child be picked up from the school or child care provider.
  3. Behavioral or discipline problems.

                                                                                                                                  

PERSONAL LEAVES (continued)

 

  1. Closure or unexpected unavailability of the school or child care provider, excluding planned holidays.
  2. A natural disaster, including, but not limited to, fire, earthquake, or flood. For purposes of this leave, parent/guardian includes a parent, guardian, stepparent, foster parent, grandparent, or person who stands in loco parentis to a child.  (Labor Code 230.8)

In lieu of using vacation, personal leave, or compensatory time off, eligible employees may take unpaid leave for this purpose.

 

If both parents/guardians of a child are employed at the same work site, this leave shall be allowed for the first parent/guardian who applies.  Simultaneous absence by the second parent may be granted by the County Superintendent or designee.  (Labor Code 230.8)

 

Upon request by the County Superintendent or designee, the employee shall provide documentation from the school or licensed day care facility that he/she participated in school or licensed day care facility activities on a specific date and at a particular time.  (Labor Code 230.8)

 

Service on Education Boards and Committees

 

Upon request, certificated employees shall be granted up to 20 school days of paid leave per school year for service performed within the state on any education boards, commissions, committees, or groups authorized by Education Code 44987.3 provided that all of the following conditions are met:  (Education Code 44987.3)

 

  1. The service is performed in the state of California.

 

  1. The board, commission, organization, or group informs the Department in writing of the service.

 

  1. The board, commission, organization, or group agrees, prior to service, to reimburse the Department, upon the Department’s request, for compensation paid to the employee’s substitute and for actual related administrative costs.

 

Employee Organization Activities

 

Upon request, certificated and classified employees shall be granted a leave of absence without loss of compensation to serve as an elected officer of a Department employee organization or any statewide or national employee organization with which the local organization is affiliated. The leave shall include, but is not limited to, absence for purposes of attending periodic, stated, special, or regular meetings of the body of the organization.  (Education Code 44987, 45210;
                                                                                                                                  

PERSONAL LEAVES (continued)

 

Government Code 3543.1)

 

Upon request of an employee organization in the Department or its state or national affiliate, a reasonable number of unelected classified employees shall be granted a leave of absence without loss of compensation for the purpose of attending important organizational activities authorized by the organization.  The employee organization shall provide reasonable notification to the County Superintendent or designee when requesting a leave of absence for employees for this purpose.  (Education Code 45210)

When leave is granted for any of the above purposes, the employee organization shall reimburse the Department within 10 days after receiving the Department’s certification of payment of compensation to the employee.  (Education Code 44987, 45210)

Religious Leave

 

The County Superintendent or designee may grant employees up to three days of leave per year for religious purposes, provided that the leave is requested in advance and that it does not cause additional Department expenditures, the neglect of assigned duties, or any other unreasonable hardship on the Department.

 

The County Superintendent or designee shall deduct the cost of a substitute, when required, from the wages of the employee who takes religious leave.

 

No employee shall be discriminated against for using this leave or any additional days of unpaid leave granted for religious observances at the discretion of the County Superintendent or designee.

 

Spouse on Leave from Military Deployment

 

An employee who works an average of 20 hours or more per week and whose spouse is a member of the United States Armed Forces, National Guard, or reserves may take up to 10 days of unpaid leave during a period that his/her spouse is on leave from deployment during a military conflict, as defined in Military and Veterans Code 395.10.  (Military and Veterans Code 395.10)

 

The employee shall provide the County Superintendent or designee with notice, within two business days of receiving official notice that his/her spouse will be on leave from deployment, of his/her intention to take the leave. The employee shall submit written documentation certifying that his/her spouse will be on leave from deployment during the time that the leave is requested.  (Military and Veterans Code 395.10)

 

 

                                                                                                                                  

PERSONAL LEAVES (continued)

 

Leave for Emergency Duty

 

An employee may take time off to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel.   (Labor Code 230.3)

 

An employee who is a volunteer firefighter shall be permitted to take temporary leaves of absence, not to exceed an aggregate total of 14 days per calendar year, for the purpose of engaging in fire or law enforcement training.  (Labor Code 230.4)

 

Civil Air Patrol Leave

 

An employee may take up to 10 days of unpaid leave per calendar year, beyond any leave otherwise available to employees, to respond to an emergency operational mission of the California Civil Air Patrol, provided that the employee has been employed by the Department for at least a 90-day period immediately preceding the leave.  Such leaves shall not exceed three days for a single emergency operational mission, unless an extension is granted by the governmental entity authorizing the mission and is approved by the County Superintendent or designee.  (Labor Code 1501, 1503)

 

The employee shall give the Department as much advance notice as possible of the intended dates of the leave.  The County Superintendent or designee may require certification from the proper Civil Air Patrol authority to verify the eligibility of the employee for the leave and may deny the leave if the employee fails to provide the required certification.  (Labor Code 1503)

 

 

Legal Reference:

EDUCATION CODE

44036-44037 Leaves of absence for judicial and official appearances

44963 Power to grant leaves of absence (certificated)

44981 Leave of absence for personal necessity (certificated)

44985 Leave of absence due to death in immediate family (certificated)

44987 Service as officer of employee organization (certificated)

44987.3 Leave of absence to serve on certain boards, commissions, etc.

45190 Leaves of absence and vacations (classified)

45194 Bereavement leave of absence (classified)

45198 Effect of provisions authorizing leaves of absence

45207 Personal necessity (classified)

45210 Service as officer of employee organization (classified)

45240-45320 Merit system, classified employees

FAMILY CODE

297-297.5 Registered domestic partner rights, protections, and benefits

GOVERNMENT CODE

3543.1 Release time for representatives of employee organizations

                                                                                                                                                                   SP 4161.2(i)

4261.2/4361.2

PERSONAL LEAVES (continued)

 

LABOR CODE

230-230.2 Leave 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, domestic partner or domestic partner’s child

234 Absence control policy

1500-1507 Civil Air Patrol leave

MILITARY AND VETERANS CODE

395.10 Leave when spouse on leave from military deployment

PENAL CODE

667.5 Violent felony, defined

1192.7 Serious felony, defined

CALIFORNIA CONSTITUTION

Article 1, Section 8 Religious discrimination

UNITED STATES CODE, TITLE 29

2612 Family and Medical Leave Act, leave requirements

UNITED STATES CODE, TITLE 42

2000d-2000d-7 Title VII, Civil Rights Act of 1964

COURT DECISIONS

Rankin v. Commission on Professional Competence, (1988) 24 Cal.3d 167

 

Management Resources:

WEB SITES

California Federation of Teachers: http://www.cft.org

California School Employees Association: http://www.csea.com

California Teachers Association: http://www.cta.org

 

Policy Approved: 10-11-18