Section 88195 Of Article 6. Resignations And Leaves Of Absence From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 4. >> Article 6.
88195
. A permanent employee of the classified service who has
exhausted all entitlement to sick leave, vacation, compensatory
overtime, or other available paid leave and who is absent because of
nonindustrial accident or illness may be granted additional leave,
paid or unpaid, not to exceed six months. The board may renew the
leave of absence, paid or unpaid, for two additional six-month
periods or lesser leave periods that it may provide but not to exceed
a total of 18 months.
An employee, upon ability to resume the duties of a position
within the class to which he or she was assigned, may do so at any
time during the leaves of absence granted under this section and time
lost shall not be considered a break in service. The employee shall
be restored to a position within the class to which he or she was
assigned and, if at all possible, to his or her position with all the
rights, benefits and burdens of a permanent employee.
If, at the conclusion of all leaves of absence, paid or unpaid,
the employee is still unable to assume the duties of his or her
position, the employee shall be placed on a reemployment list for a
period of 39 months.
At any time during the prescribed 39 months that the employee is
able to assume the duties of his or her position, the employee shall
be reemployed in the first vacancy in the classification of his or
her previous assignment. The employee's reemployment shall take
preference over all other applicants except for those laid off for
lack of work or funds under Section 88117 in which case the employee
shall be ranked according to his or her proper seniority. Upon
resumption of the employee's duties, the break in service will be
disregarded and the employee shall be fully restored as a permanent
employee.
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).