Section 88192 Of Article 6. Resignations And Leaves Of Absence From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 4. >> Article 6.
88192
. (a) The governing board of a community college district
shall provide, by rules and regulations, for industrial accident or
illness leaves of absence for employees who are a part of the
classified service. The governing board of a district that is created
or whose boundaries or status is changed by an action to organize or
reorganize districts completed after January 1, 1975, shall provide,
by rules and regulations, for these leaves of absence on or before
the date on which the organization or reorganization of the district
becomes effective for all purposes.
(b) The rules and regulations shall include all of the following
provisions:
(1) Allowable leave shall not be for less than 60 working days in
any one fiscal year for the same accident.
(2) Allowable leave shall not be accumulative from year to year.
(3) Industrial accident or illness leave of absence will commence
on the first day of absence.
(4) Payment for wages lost on any day shall not, when added to an
award granted the employee under the workers' compensation laws of
this state, exceed the normal wage for the day.
(5) Industrial accident leave will be reduced by one day for each
day of authorized absence regardless of a compensation award made
under workers' compensation.
(6) When an industrial accident or illness occurs at a time when
the full 60 days will overlap into the next fiscal year, the employee
shall be entitled to only that amount remaining at the end of the
fiscal year in which the injury or illness occurred, for the same
illness or injury.
(c) The industrial accident or illness leave of absence is to be
used in lieu of entitlement acquired under Section 88191. When
entitlement to industrial accident or illness leave has been
exhausted, entitlement to other sick leave will then be used; but if
an employee is receiving workers' compensation, the employee shall be
entitled to use only so much of the his or her accumulated or
available sick leave, accumulated compensating time, vacation or
other available leave which, when added to the workers' compensation
award, provide for a full day's wage or salary.
(d) The governing board of a district, by rule or regulation, may
provide for additional leave of absence, paid or unpaid, as it deems
appropriate and during that leave the employee may return to the his
or her position without suffering any loss of status or benefits.
(e) A period of leave of absence, paid or unpaid, shall not be
considered to be a break in service of the employee.
(f) During a paid leave of absence, whether industrial accident
leave as provided in this section, sick leave, vacation, compensated
time off or other available leave provided by law or the action of a
governing board of a district, the employee shall endorse to the
district wage loss benefit checks received under the workers'
compensation laws of this state. The district, in turn, shall issue
the employee appropriate warrants for payment of wages or salary and
shall deduct normal retirement and other authorized contributions.
Reduction of entitlement to leave shall be made only in accordance
with this section.
(g) When all available leaves of absence, paid or unpaid, have
been exhausted and if the employee is not medically able to assume
the duties of his or her position, the employee, if not placed in
another position, shall be placed on a reemployment list for a period
of 39 months. When available, during the 39-month period, the
employee shall be employed in a vacant position in the class of his
or her previous assignment over all other available candidates except
for a reemployment list established because of lack of work or lack
of funds, in which case the employee shall be listed in accordance
with appropriate seniority regulations.
(h) The governing board of a district may require that an employee
serve, or have served continuously, a specified period of time with
the district before the benefits provided by this section are made
available to the employee. However, that period shall not exceed
three years. All service of an employee prior to the effective date
of this section shall be credited in determining compliance with the
requirement.
(i) In the absence of rules and regulations adopted by the
governing board of a district pursuant to this section, an employee
shall be entitled to industrial and accident or illness leave as
provided in this section but without limitation as to the number of
days of that leave and without any requirement of a specified period
of service.
(j) An employee who has been placed on a reemployment list, as
provided in this section, who has been medically released for return
to duty and who fails to accept an appropriate assignment shall be
dismissed.
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).