Section 19878 Of Article 5. Nonindustrial Disability Leave From California Government Code >> Division 5. >> Title 2. >> Part 2.6. >> Chapter 2.5. >> Article 5.
19878
. As used in this article:
(a) "Employee" means any of the following:
(1) A permanent or probationary full-time state officer or
employee, regardless of period of service, who is a member of the
Public Employees' Retirement System or the State Teachers' Retirement
System in compensated employment on and after October 1, 1976.
Commencing January 1, 1979, it also means a full-time state officer
or employee, whether or not a member of such systems, who is an
employee of the Legislature and is not a member of the civil service.
(2) A permanent or probationary part-time or intermittent state
officer or employee, with at least the equivalent of six monthly
compensated pay periods of service in the 18 months of pay periods
immediately preceding the pay period in which the disability begins,
who is a member of the Public Employees' Retirement System or the
State Teachers' Retirement System, in compensated employment on or
after January 1, 1979, or a part-time or intermittent employee of the
Legislature, whether or not a member of the Public Employees'
Retirement System, in compensated employment on or after January 1,
1984.
(b) "Full pay" means the gross base salary earnable by the
employee, and subject to retirement contribution on the date of the
commencement of his or her disability.
(c) "Disability" or "disabled" includes mental or physical illness
and mental or physical injury, including any illness or injury
resulting from pregnancy, childbirth, or related medical condition.
An employee is deemed disabled on any day in which, because of his or
her physical, mental, or medical condition, he or she is unable to
perform his or her regular or customary work.
(d) "Disability benefit period", with respect to any individual,
means the continuous period of disability beginning with the first
day with respect to which the individual files a valid claim for
nonindustrial disability benefits. For the purposes of this article,
two consecutive periods of disability due to the same or related
cause or condition and separated by a period of not more than 14 days
shall be considered as one disability benefit period.
(e) "Appeals board" means the California Unemployment Insurance
Appeals Board.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if such provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless approved by the
Legislature in the annual Budget Act.