Section 88191 Of Article 6. Resignations And Leaves Of Absence From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 4. >> Article 6.
88191
. Every classified employee employed five days a week by a
community college district shall be entitled to 12 days leave of
absence for illness or injury and such additional days, in addition
thereto, as the governing board may allow for illness or injury,
exclusive of all days the employee is not required to render service
to the district, with full pay for a fiscal year of service.
A classified employee, employed five days a week, who is employed
for less than a full fiscal year, is entitled to that proportion of
12 days leave of absence for illness or injury as the number of
months the employee is employed bears to 12 and the proportionate
amount, consistent with this formula, of such additional days, in
addition thereto, authorized by the governing board for classified
employees employed five days a week for a full fiscal year of
service.
A classified employee employed less than five days per week shall
be entitled, for a fiscal year of service, to that proportion of 12
days leave of absence for illness or injury as the number of days the
employee is employed per week bears to five and is entitled to the
proportionate amount, consistent with this formula, of such
additional days, in addition thereto, authorized by the governing
board for classified employees employed five days a week for a full
fiscal year of service.
When these persons are employed for less than a full fiscal year
of service, this and the preceding paragraph shall determine that
proportion of leave of absence for illness or injury to which they
are entitled.
Pay for any day of such absence shall be the same as the pay which
would have been received had the employee served during the day.
Credit for leave of absence need not be accrued prior to taking that
leave by the employee and such leave of absence may be taken at any
time during the year. However, a new employee of a district shall not
be eligible to take more than six days, or the proportionate amount
to which the employee may be entitled under this section, until the
first day of the calendar month after completion of six months of
active service with the district.
If the employee does not take the full amount of leave allowed in
any year under this section, the amount not taken shall be
accumulated from year to year with such additional days as the
governing board may allow.
The governing board of each community college district shall adopt
rules and regulations requiring and prescribing the manner of proof
of illness or injury for the purpose of this section. These rules and
regulations shall not discriminate against evidence of treatment and
the need therefor by the practice of the religion of any
well-recognized religious sect, denomination or organization.
This section shall not apply to a district in which the full-time
equivalent student of the district is in excess of 400,000, if the
district maintains sick leave policies not less than those in effect
in such districts on January 1, 1961.
This section shall apply to districts that have adopted the merit
system in the same manner and effect as if it were a part of Article
3 (commencing with Section 88060).