Section 44043.5 Of Article 2. Rights And Duties From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 1. >> Article 2.
44043.5
. (a) The governing board of a school district or county
office of education may establish a catastrophic leave program to
permit employees of that district or county office to donate eligible
leave credits to an employee when that employee or a member of his
or her family suffers from a catastrophic illness or injury.
For the purposes of this section the following terms are defined
as follows:
(1) "Catastrophic illness" or "injury" means an illness or injury
that is expected to incapacitate the employee for an extended period
of time, or that incapacitates a member of the employee's family
which incapacity requires the employee to take time off from work for
an extended period of time to care for that family member, and
taking extended time off work creates a financial hardship for the
employee because he or she has exhausted all of his or her sick leave
and other paid time off.
(2) "Eligible leave credits" means vacation leave and sick leave
accrued to the donating employee.
(b) Eligible leave credits may be donated to an employee for a
catastrophic illness or injury if all of the following requirements
are met:
(1) The employee who is, or whose family member is, suffering from
a catastrophic illness or injury requests that eligible leave
credits be donated and provides verification of catastrophic injury
or illness as required by the governing board of the school district
or county office in which he or she is employed.
(2) The governing board of the school district or county office
determines that the employee is unable to work due to the employee's
or his or her family member's catastrophic illness or injury.
(3) The employee has exhausted all accrued paid leave credits.
(c) If the transfer of eligible leave credits is approved by the
governing board of the school district or county office, any employee
may, upon written notice to the governing board of the district or
county office, donate eligible leave credits at a minimum of eight
hours, and in hour increments thereafter.
(d) The governing board of a school district or county office that
provides a catastrophic leave program pursuant to this section shall
adopt rules and regulations for the administration of this section,
including, but not limited to, the following:
(1) The maximum amount of time for which donated leave credits may
be used, but not to exceed use for a maximum period of 12
consecutive months.
(2) The verification of catastrophic injury or illness required
pursuant to paragraph (1) of subdivision (b).
(3) Making all transfers of eligible leave credit irrevocable.
(e) An employee who receives paid leave pursuant to this section
shall use any leave credits that he or she continues to accrue on a
monthly basis prior to receiving paid leave pursuant to this section.
(f) Notwithstanding the provisions of this section, the governing
board of a school district or county office and an exclusive
bargaining representative of employees in that district or county may
agree to include in any collective bargaining agreement, a provision
setting forth requirements for a catastrophic leave program.