Section 45196 Of Article 4. Resignation And Leaves Of Absence From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 5. >> Article 4.
45196
. When a person employed in the classified service is absent
from his duties on account of illness or accident for a period of
five months or less, whether or not the absence arises out of or in
the course of employment of the employee, the amount deducted from
the salary due him for any month in which the absence occurs shall
not exceed the sum which is actually paid a substitute employee
employed to fill his position during his absence.
Excepting in a district the governing board of which has adopted a
salary schedule for substitute employees of the district, the amount
paid the substitute employee during any month shall be less than the
salary due the employee absent from his duties.
Entitlement to sick leave provisions under this section, if any,
shall be considered "entitlement to other sick leave" for the
purposes of computing benefits under the provisions of Section 45192
if the absence is for industrial accident or illness and shall be
used after entitlement to all regular sick leave, accumulated
compensating time, vacation or other available paid leave has been
exhausted.
The foregoing provisions shall not apply to any school district
which adopts and maintains in effect a rule which provides that a
regular classified employee shall once a year be credited with a
total of not less than 100 working days of paid sick leave, including
days to which he is entitled under Section 45191. Such days of paid
sick leave in addition to those required by Section 45191 shall be
compensated at not less than 50 percent of the employee's regular
salary. The paid sick leave authorized under such a rule shall be
exclusive of any other paid leave, holidays, vacation, or
compensating time to which the employee may be entitled. Nothing in
this section shall preclude the governing board from adopting such a
rule.