Board Policy
Leaves And Vacations
BP 4160
Personnel
Personnel of the school district may wish or be required to be absent for several reasons:
l. Those caused by personal sickness or injury, pregnancy, jury duty, military service or
emergencies beyond their control.
2. Those governed by compassion or conviction, such as family illness, bereavement,
religious observances and other personal reasons.
3. Those stemming from occupational status such as attendance at meetings, conventions,
inservice courses and seminars, and other patterns of additional study.
4. Those provided by scheduled vacations.
The Governing Board recognizes that absences for such reasons are justifiable and will provide
for employee absences as authorized by law, or as permitted by the Board in the following
policies and regulations.
Long-Term Leaves
Employees may be granted long-term leaves of absence as permitted by law and specific district
policies or regulations.
The Governing Board reserves the right to specify the conditions under which long-term leaves
may be granted. Long-term leaves may be granted for the following purposes: study, travel,
restoration of health, disabilities in the immediate family, political, maternity/child care, military
service, employee organization duties, teacher exchange, or any other related educational
activity.
Excepting emergencies, no employee will commence a long-term leave other than at the
conclusion of a semester.
The employee granted a long-term leave shall inform the Governing Board within ninety (90)
days of the scheduled return date as to the employee's intentions.
At the expiration of the long-term leave, the employee shall be reinstated in the position held by
him/her at the time the leave was granted.
Legal Reference:
EDUCATION CODE
44036 Leaves of absence for judicial and official appearances
44037 Unlawful to encourage exemption from jury duty
44940 Sex offenses and narcotic offenses; compulsory leave of absence
44962-44986 Leaves of absence
GOVERNMENT CODE
3543.2 Scope of representation
Policy ALPINE COUNTY UNIFIED SCHOOL DISTRICT
adopted: 12/10/85 Markleeville, California
Board Policy
Leaves
BP 4161
Personnel
The Governing Board shall provide for paid and unpaid leaves of absence for employees in
accordance with law, Board policy, administrative regulation, collective bargaining agreements,
and merit system rules, as applicable.
(cf. 4141/4241 - Collective Bargaining Agreement)
(cf. 4161.9/4261.9/4361.9 - Catastrophic Leave Program)
The Board recognizes the following justifiable reasons for employee absence:
1. Personal illness or injury
(cf. 4161.1/4361.1 - Personal Illness/Injury Leave)
(cf. 4261.1 - Personal Illness/Injury Leave)
2. Industrial accident or illness
(cf. 4161.11/4361.11 - Industrial Accident/Illness Leave)
(cf. 4261.11 - Industrial Accident/Illness Leave)
3. Family care and medical leave
(cf. 4161.8/4261.8/4361.8 - Family Care and Medical Leave)
4. Military service
(cf. 4161.5/4261.5/4361.5 - Military Leave)
5. Personal necessity and personal emergencies
(cf. 4161.2/4261.2/4361.2 - Personal Leaves)
6. Disability leave for certificated employees in accordance with Education Code 44986
7. Vacations for classified staff and certificated management staff, as applicable
8. Sabbaticals for purposes of study or training related to the employee's job duties
(cf. 4161.3 - Professional Leaves)
(cf. 4261.3 - Professional Leaves)
9. Attendance at work-related meetings and staff development opportunities
(cf. 4131 - Staff Development)
(cf. 4231 - Staff Development)
(cf. 4331 - Staff Development)
10. Compulsory leave
(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
Administrative and Supervisory Personnel
Certificated administrative and supervisory employees who are not subject to the district's
bargaining agreement for certificated employees shall generally be entitled to those leave
provisions provided in the bargaining agreement for other certificated employees unless
otherwise specified in individual contract, memorandums of understanding, Board policy,
administrative regulation, or law.
Classified administrative and supervisory employees who are not subject to the district's
bargaining agreement for classified employees shall generally be entitled to those leave
provisions provided in the bargaining agreement for other classified employees unless otherwise
specified in individual contract, memoranda of understanding, Board policy, administrative
regulation, or law.
(cf. 2121 - Superintendent's Contract)
(cf. 4300 - Administrative and Supervisory Personnel)
(cf. 4312.1 - Contracts)
Legal Reference:
EDUCATION CODE
22850-22856 Pension benefits, STRS members on military leave
44018 Compensation for employees on active military duty
44036-44037 Leaves of absence for judicial and official appearances
44043.5 Catastrophic leave
44800 Effect of active military service on status of employees
44842 Failure to provide notice or to report to work
44940 Sex offenses and narcotic offenses; compulsory leave of absence
44962-44988 Leaves of absence (certificated)
45059 Employee ordered to active military/naval duty, computation of salary
45190-45210 Leaves of absence (classified)
FAMILY CODE
297-297.5 Registered domestic partner rights, protections and benefits
GOVERNMENT CODE
3543.1 Release time for representatives of employee organizations
3543.2 Scope of representation
12945.1-12945.2 California Family Rights Act
20990-21013 Pension benefits, PERS members on military leave
LABOR CODE
230-230.2 Leaves for victims of domestic violence, sexual assault or specified felonies
230.3 Leave for emergency personnel
230.4 Leave for volunteer firefighters
230.8 Leave to visit child's school
233 Illness of child, parent, spouse or domestic partner
MILITARY AND VETERANS CODE
395-395.9 Military leave
395.10 Leave when spouse on leave from military deployment
UNITED STATES CODE, TITLE 29
2601-2654 Family and Medical Leave Act of 1993
UNITED STATES CODE, TITLE 38
4301-4334 Uniformed Services Employment and Reemployment Rights Act of 1994
Policy ALPINE COUNTY UNIFIED SCHOOL DISTRICT
adopted: December 9, 2008 Markleeville, California
Administrative Regulation
Leaves
AR 4161
Personnel
Failure to Return to Service After Leave
In the case of a certificated employee who was on leave of absence for 20 or more consecutive
working days after April 30 of the previous school year, the district may terminate the
employment of such an employee if all of the following circumstances exist: (Education Code
44842)
1. The employee fails to report for duty, without good cause, at the beginning of the school
year after having notified the Governing Board of his/her intention to remain in service with the
district in accordance with Education Code 44842.
2. The district had specifically notified the employee, at least five days in advance, of the
time and place at which the employee was to report to work.
3. The employee did not request or was not granted a leave of absence authorized by the
Board.
(cf. 4112.1 - Contracts)
In any such case, the district may terminate the employee's employment on the day following 20
consecutive days of absence. (Education Code 44842)
(cf. 4117.4 - Dismissal)
Use of Leaves by Classified Employees
A classified employee may interrupt or terminate vacation leave in order to begin another type of
paid leave without a return to active service, as long as the employee provides adequate notice
and relevant supporting information regarding the basis for such interruption or termination.
(Education Code 45200)
Regulation ALPINE COUNTY UNIFIED SCHOOL DISTRICT
approved: December 9, 2008 Markleeville, California
Board Policy
Personal Illness And Injury
BP 4161.1
Personnel
Every certificated employee working five school days each week is entitled to ten (10) days
personal illness or injury leave of absence per year with full pay. Personal illness and injury
leave for employees working less than five days per week shall be proportionately less. Each
employee is entitled to the full number of days sick leave authorized for the full year as of the
first day the contract is in effect. (Education Code 44978)
NOTE: Ten (10) Days Leave Of Absence Per Year Is The Minimum Prescribed By Law. The
Governing Board May Allow Additional Days At Its Discretion.
Unused days of sick leave for personal illness and injury shall be accumulated from year to year
without limitation.
The Governing Board shall establish regulations to implement this policy, including but not
limited to, procedures for verification of the illness or injury reported by the employee,
notification of the district by the employee so that a substitute may be obtained, and notification
of the district if the absence will be longer than first estimated.
Employees may use sick leave as provided for in this policy for absences due to pregnancy,
miscarriage, childbirth and recovery. (Education Code 44978)
Benefits
Employees absent for a period of five (5) months or less due to illness or accident are entitled to
their regular salary less the amount actually paid the substitute employed to fill the absent
employee's position.
The amount deducted from the employee's salary shall be determined by the rules and
regulations of the Governing Board. These rules shall not be in conflict with those established
by the State Board of Education. (Education Code 44977)
Legal Reference:
EDUCATION CODE
44964 Power to grant leave of absence in case of illness, accident or quarantine
44965 Granting of leaves of absence for pregnancy and childbirth
44977 Salary deduction during absence from duties
44978 Provisions for sick leave of certificated employees
44978.5 Leave for compelling personal importance
44979 Transfer of accumulated sick leave
44980 Transfer of accumulated leave for injury or illness
44981 Leave of absence for personal necessity
44983 Exception to sick leave when district adopts specific rule
Policy ALPINE COUNTY UNIFIED SCHOOL DISTRICT
adopted: 12/10/85 Markleeville, California
Administrative Regulation
Personal Illness/Injury Leave
AR 4161.1
Personnel
Full-time certificated employees are entitled to 10 days leave of absence for personal illness or
injury (sick leave) per school year, with full pay. Employees working less than five days per
week shall be granted comparable sick leave in proportion to the time they work. (Education
Code 44978)
(cf. 4161/4261 - Leaves)
(cf. 4161.9/4261.9/4361.9 - Catastrophic Leave Program)
(cf. 4361 - Leaves)
An employee may take sick leave at any time during the school year, even if credit for sick leave
has not yet been accrued. (Education Code 44978)
An employee who does not complete a given year of service shall be charged for any unearned
sick leave used as of the date of termination.
Unused days of sick leave shall be accumulated from year to year without limitation. (Education
Code 44978)
At the beginning of each school year, employees shall be notified of the amount of sick leave
they have accumulated.
Any certificated employee who leaves the district after at least one year of employment and
accepts a certificated position in another district, county office of education or community
college district within one year shall have transferred with him/her the total amount of
accumulated sick leave. The district shall not require new employees to waive their leave
accumulated in a previous district. (Education Code 44979, 44980)
Sick leave may be used by a certificated employee for:
1. Cases of temporary inability to perform duties because of illness, accident or quarantine,
whether or not the cause of absence arises out of and in the course of employment (Education
Code 44964)
(cf. 4157.1/4257.1/4357.1 - Work-Related Injuries)
2. Absences due to pregnancy, miscarriage, childbirth and recovery (Education Code 44965,
44978)
(cf. 4161.8/4261.8/4361.8 - Family Care and Medical Leave)
3. Cases of personal necessity (Education Code 44981)
(cf. 4161.2/4261.2/4361.2 - Personal Leaves)
4. Medical and dental appointments, in increments of not less than one hour
5. Cases of industrial accidents or illnesses when leave granted specifically for that purpose
has expired (Education Code 44984)
(cf. 4161.11/4361.11 - Industrial Accident/Illness Leave)
6. Illness of the employee's child, parent, spouse, registered domestic partner or domestic
partner's child, up to the amount of sick leave that would be accrued during six months (Labor
Code 233)
An employee shall notify the district of his/her need to be absent as soon as such need is known,
so that substitute services may be secured. This notification shall include an estimate of the
expected duration of absence. If the absence becomes longer than estimated, the employee shall
so notify the district. If the duration of absence becomes shorter than estimated, the employee
shall notify the district not later than 3 p.m. of the day preceding the day on which he/she intends
to return to work. If failure to so notify the district results in a substitute being secured, the cost
of the substitute may be deducted from the employee's pay.
(cf. 4121 - Temporary/Substitute Personnel)
Sick Leave Beyond 10 Days
When a certificated employee has exhausted all available sick leave, including all accumulated
sick leave, and continues to be absent from his/her duties due to illness or accident for an
additional period up to five school months, the employee shall receive his/her regular salary
minus the actual cost of a substitute to fill the position. If the district has made every reasonable
effort to secure the services of a substitute and has been unable to do so, the amount that might
have been paid to a substitute shall be deducted from the employee's salary. (Education Code
44977)
The sick leave, including accumulated sick leave, and the five-month period shall run
consecutively. (Education Code 44977)
An employee shall not be provided more than one five-month period per illness or accident.
However, if the school year ends before the five-month period is exhausted, the employee may
take the balance of the five-month period in a subsequent school year. (Education Code 44977)
Verification Requirements
After any absence due to illness or injury, the employee shall verify the absence by submitting a
completed and signed district absence form to his/her immediate supervisor.
The Superintendent or designee may, at any time, require additional written verification by the
employee's physician or practitioner. Such verification shall be required whenever an employee's
absence record shows chronic absenteeism or a pattern of absences immediately before or after
weekends and/or holidays or whenever clear evidence indicates that an absence is not related to
illness or injury.
The Superintendent or designee may require an employee to visit a physician selected by the
district and at district expense in order to receive a report on the medical condition of the
employee. The report shall include a statement as to the employee's need for further leave of
absence and a prognosis as to when the employee will be able to return to work. If the report
concludes that the employee's condition does not warrant continued absence, the Superintendent
or designee may, after giving notice to the employee, deny further leave.
Before returning to work, an employee who has been absent for surgery, hospitalization or
extended medical treatment may be asked to submit a letter from his/her physician stating that
he/she is able to return and stipulating any recommended restrictions or limitations.
(cf. 4032 - Reasonable Accommodation)
(cf. 4113.4/4213.4/4313.4 - Temporary Modified/Light-Duty Assignment)
Legal Reference:
EDUCATION CODE
44964 Power to grant leave of absence in case of illness, accident or quarantine
44965 Granting of leaves of absence for pregnancy and childbirth
44976 Transfer of leave rights when school is transferred to another district
44977 Salary deduction during absence from duties
44978 Provisions for sick leave of certificated employees
44979 Transfer of accumulated sick leave to another district
44980 Transfer of accumulated sick leave to a county office of education
44981 Leave of absence for personal necessity
44983 Exception to sick leave when district adopts specific rule
44986 Leave of absence for disability allowance applicant
LABOR CODE
233 Illness of child, parent, spouse or domestic partner
234 Absence control policy
CODE OF REGULATIONS, TITLE 5
5601 Transfer of accumulated sick leave
Regulation ALPINE COUNTY UNIFIED SCHOOL DISTRICT
approved: August 8, 2002 Markleeville, California
Administrative Regulation
Industrial Accident/Illness Leave
AR 4161.11
Personnel
In each fiscal year, allowable leave for certificated employees for any single industrial accident
or illness shall be for 60 days during which the schools of the district are in session or when the
employee would otherwise have been performing work for the district.
(cf. 4113.4/4213.4/4313.4 - Temporary Modified/Light-Duty Assignment)
(cf. 4157.1/4257.1/4357.1 - Work-Related Injuries)
(cf. 4157.2/4257.2/4357.2 - Ergonomics)
(cf. 4161/4261 - Leaves)
(cf. 4361 - Leaves)
Allowable industrial accident/illness leave shall not accumulate from year to year. (Education
Code 44984)
When a certificated employee is absent from his/her duties because of an industrial accident or
illness: (Education Code 44984)
1. Industrial accident or illness leave shall start on the first day of absence.
2. The employee shall be paid such portion of the salary due for any month in which the
absence occurs as, when added to the temporary disability indemnity under Division 4 or 4.5 of
the Labor Code, will result in a payment to the employee of not more than his/her full salary.
3. Industrial accident or illness leave shall be reduced by one day for each day of authorized
absence, regardless of a temporary disability indemnity award.
4. When an industrial accident or illness leave overlaps into the next fiscal year, the
employee is entitled to only the amount of unused leave due the employee for the same illness or
injury.
Upon expiration of allowable leave for an industrial accident or illness, the employee may use
personal illness and injury leave. If the employee continues to receive temporary disability
indemnity, he/she may elect to take as much of the accumulated sick leave which, when added
to his/her temporary disability indemnity, will result in a payment to the employee of not more
than the employee's full salary. (Education Code 44984)
(cf. 4161.1/4361.1 - Personal Illness/Injury Leave)
During any paid leave of absence, the employee may endorse to the district the temporary
disability indemnity checks received on account of his/her industrial accident or illness. In those
cases, the district shall issue appropriate salary warrants for payment of the employee's salary,
and shall deduct normal retirement, other authorized contributions, and the temporary disability
indemnity, if any, actually paid to and retained by the employee for periods covered by such
salary warrants. (Education Code 44984)
Any employee receiving benefits under this leave shall, during periods of injury or illness,
remain within the State of California unless the Governing Board authorizes travel outside the
state. (Education Code 44984)
Legal Reference:
EDUCATION CODE
44977 Salary deductions during absence from duties
44978 Provisions for certificated employee sick leave
44983 Exception to sick leave
44984 Required rules for industrial accident and illness leave of absence
Management Resources:
WEB SITES
Department of Industrial Relations: http://www.dir.ca.gov/DIR/OS&H/ DOSH/dosh1.html
Regulation ALPINE COUNTY UNIFIED SCHOOL DISTRICT
approved: January 12, 1999 Markleeville, California
Board Policy
Personal Leaves
BP 4161.2
Personnel
Personal Necessity
Employees may use up to seven days of their accrued sick leave during each contract year for
reasons of personal necessity. (Education Code 44981, 45207)
The Superintendent or designee shall establish regulations requiring proof of personal necessity
reported by employees and specifying the means by which such verification shall be made.
(Education Code 44981, 45207)
Legal Reference:
EDUCATION CODE
44036-44037 Leaves of absence for judicial and official appearances
44963 Power to grant leaves of absence (certificated)
44981 Leaves of absence for personal necessity (certificated)
44985 Leave of absence due to death in immediate family (certificated)
44987.3 Leave of absence to serve on certain boards, commissions, etc.
45190 Leaves of absence and vacations
45194 Bereavement leave of absence (classified)
45198 Effect of provisions authorizing leaves of absence
45207 Personal necessity (classified)
CONSTITUTION OF THE STATE OF CALIFORNIA
Article I, Section 8 - Religious Discrimination
TITLE VII, CIVIL RIGHTS ACT OF 1964, Section 703(a)(1)
Rankin v. Commission on Professional Competence (1988) 24 Cal. 3d 167
Policy ALPINE COUNTY UNIFIED SCHOOL DISTRICT
adopted: December 10, 1985 Markleeville, California
Revised: January 11, 1994
Administrative Regulation
Personal Leaves
AR 4161.2
Personnel
Whenever possible, employees shall request personal leaves in advance and prepare suitable
lesson plans or instructions for a substitute employee.
(cf. 4121 - Temporary/Substitute Personnel)
Bereavement
Employees are entitled to a leave of up to three days, or five days if travel of more than 200
miles is required, upon the death of any member of the employee's immediate family. No
deduction shall be made from the employee's salary, nor shall such leave be deducted from any
other leave to which the employee is entitled. (Education Code 44985, 45194)
(cf. 4161/4261 - Leaves)
(cf. 4361 - Leaves)
Members of the immediate family include: (Education Code 44985, 45194; Family Code 297.5)
1. The mother, father, grandmother, grandfather, or grandchild of the employee or of the
employee's spouse/domestic partner
2. The employee's spouse/domestic partner, son, son-in-law, daughter, daughter-in-law, brother,
or sister
3. Any relative living in the employee's immediate household
At the employee's request, bereavement leave may be extended under personal necessity leave
provisions as provided below. (Education Code 44981, 45207)
Personal Necessity
Employees may use up to seven days of their accrued personal illness/injury leave during each
contract year for reasons of personal necessity. (Education Code 44981, 45207)
(cf. 4161.1/4361.1 - Personal Illness/Injury Leave)
(cf. 4261.1 - Personal Illness/Injury Leave)
Acceptable reasons for the use of personal necessity leave include:
1. Death of a member of the employee's immediate family when the number of days of
absence exceeds the limits set by bereavement leave provisions (Education Code 44981, 45207)
2. An accident involving the employee's person or property or the person or property of a
member of the employee's immediate family (Education Code 44981, 45207)
3. A serious illness of a member of the certificated employee's immediate family (Education
Code 44981)
(cf. 4161.8/4261.8/4361.8 - Family Care and Medical Leave)
4. A classified employee's appearance in any court or before any administrative tribunal as a
litigant, party, or witness under subpoena or other order (Education Code 45207)
5. Fire, flood, or other immediate danger to the home of the employee
6. Personal business of a serious nature which the employee cannot disregard
Leave for personal necessity may be allowed for other reasons at the discretion of the
Superintendent or designee. However, no such leave shall be granted for purposes of personal
convenience, for the extension of a holiday or vacation, or for matters which can be taken care of
outside of working hours. The Superintendent or designee shall have final discretion as to
whether a request reflects personal necessity.
Advance permission shall not be required of any employee in cases involving the death of a
member of the employee's immediate family or an accident involving the employee's person or
property or the person or property of a member of his/her immediate family. For certificated
employees, advance permission also shall not be required in cases involving the serious illness of
a member of the employee's immediate family. (Education Code 44981, 45207)
After any absence due to personal necessity, the employee shall verify the absence by submitting
a completed and signed district absence form to his/her immediate supervisor.
Legal Duties
Classified employees called for jury duty shall be granted leave with pay up to the amount of the
difference between the employee's regular earnings and any amount received for jury or witness
fees. (Education Code 44037)
Certificated employees also shall be granted leave for jury duty with pay up to the amount of the
difference between the employee's regular earnings and any amount received as juror's fees.
Employees shall be granted leaves to appear in court as witnesses other than litigants or to
respond to an official order from another governmental jurisdiction for reasons not brought about
through the connivance or misconduct of the employee. Such employees shall receive pay up to
the amount of the difference between the employee's regular earnings and any amount received
for witness fees.
An employee may take time off work in order to: (Labor Code 230)
1. Serve on an inquest jury or trial jury
2. Comply with a subpoena or other court order to appear as a witness
Notices, summons, and subpoenas for court appearances shall be submitted to the district office
when requesting leave.
Spouse/Domestic Partner on Leave from Military Deployment
An employee who works an average of 20 hours or more per week and whose spouse/domestic
partner is a member of the United States Armed Forces, National Guard, or Reserves may take
up to 10 days of unpaid leave during a period that his/her spouse/domestic partner is on leave
from deployment during a military conflict, as defined in Military and Veterans Code 395.10.
(Family Code 297.5; Military and Veterans Code 395.10)
The employee shall provide the Superintendent or designee with notice, within two business days
of receiving official notice that his/her spouse/domestic partner will be on leave from
deployment, of his/her intention to take the leave. The employee shall submit written
documentation certifying that his/her spouse/domestic partner will be on leave from deployment
during the time that the leave is requested. (Family Code 297.5; Military and Veterans Code
395.10)
Leaves for Crime Victims
An employee may be absent from work in order to attend judicial proceedings related to a crime
when he/she is a victim, immediate family member of a victim, registered domestic partner of a
victim, or child of a registered domestic partner of a victim of the following crimes: (Labor
Code 230.2)
1. A violent felony as defined in Penal Code 667.5(c)
2. A serious felony as defined in Penal Code 1192.7(c)
3. A felony provision of law proscribing theft or embezzlement
For these purposes, the employee may use vacation, personal leave, personal illness/injury leave,
compensatory time off that is otherwise available to the employee, or unpaid leave. (Labor Code
230.2)
Prior to taking time off, an employee shall give his/her supervisor a copy of the notice of each
scheduled proceeding that is provided by the responsible agency, unless advance notice is not
feasible. When advance notice is not feasible or an unscheduled absence occurs, the employee
shall, within a reasonable time after the absence, provide documentation evidencing the judicial
proceeding from the court or government agency setting the hearing, the district attorney or
prosecuting attorney's office, or the victim/witness office that is advocating on behalf of the
victim. (Labor Code 230.2)
The supervisor and Superintendent or designee shall keep confidential any records pertaining to
the employee's absence from work. (Labor Code 230.2)
Leaves for Victims of Domestic Violence or Sexual Assault
An employee who is a victim of domestic violence or sexual assault as defined by law may take
time off work to obtain or attempt to obtain any relief including, but not limited to, a temporary
restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or
welfare of the employee or his/her child. (Labor Code 230)
In addition, an employee who is a victim of domestic violence or sexual assault may take time
off work to attend to the following activities: (Labor Code 230.1)
1. Seek medical attention for injuries caused by domestic violence or sexual assault
2. Obtain services from a domestic violence shelter, program, or rape crisis center as a result
of domestic violence or sexual assault
3. Obtain psychological counseling related to an experience of domestic violence or sexual
assault
4. Participate in safety planning and take other actions to increase safety from future
domestic violence or sexual assault, including temporary or permanent relocation
An employee who is a victim of domestic violence or sexual assault may use vacation, personal
leave or compensatory time off that is otherwise available to the employee under the applicable
terms of employment. (Labor Code 230, 230.1)
Prior to taking time off, an employee shall give reasonable notice to his/her supervisor, unless
advance notice is not feasible. When an unscheduled absence occurs, the employee shall provide,
within a reasonable time, certification of the absence in the form of any of the following
documents: (Labor Code 230, 230.1)
1. A police report indicating that the employee was a victim of domestic violence or sexual
assault
2. A court order protecting or separating the employee from the perpetrator of an act of
domestic violence or sexual assault, or other evidence from the court or prosecuting attorney that
the employee has appeared in court
3. Documentation from a medical professional, domestic violence advocate or advocate for
victims of sexual assault, health care provider, or counselor that the employee was undergoing
treatment for physical or mental injuries or abuse resulting from an act of domestic violence or
sexual assault
The supervisor and Superintendent or designee shall maintain the confidentiality of such an
employee to the extent authorized by law. (Labor Code 230, 230.1)
Personal Leave for a Child's School Activities
Any employee who is a parent/guardian or grandparent having custody of one or more children
who are enrolled in grades K-12, or who attend a licensed day care facility, may use up to 40
hours of personal leave, vacation, or compensatory time off each school year in order to
participate in school or day care activities. Such leave shall not exceed eight hours in any month
of the year, and the employee shall give reasonable advance notice of the absence. (Labor Code
230.8)
(cf. 1240 - Volunteer Assistance)
If both parents of a child are employed at the same work site, this leave shall be allowed for the
first parent who applies. Simultaneous absence by the second parent may be granted by the
Superintendent or designee. (Labor Code 230.8)
Upon request by the Superintendent or designee, the employee shall provide documentation from
the school or licensed day care facility that he/she participated in school or licensed day care
facility activities on a specific date and at a particular time. (Labor Code 230.8)
Service on Education Boards, Committees, and State or Employee Organizations
Upon request, certificated employees shall be granted up to 20 school days of paid leave per
school year for service performed within the state on any education boards, commissions,
committees, or groups authorized by Education Code 44987.3 or statute, provided that all of the
following conditions are met: (Education Code 44987.3)
1. The service is in the state of California.
2. The board, commission, organization, or group informs the district in writing of the
service.
3. The board, commission, organization, or group agrees, prior to service, to reimburse the
district, upon the district's request, for compensation paid to the employee's substitute and for
actual related administrative costs.
Upon request, certificated and classified employees shall be granted a leave of absence without
loss of compensation to serve as an elected officer of a district employee organization or any
statewide or national employee organization with which the local organization is affiliated. The
leave shall include, but is not limited to, absence for purposes of attending periodic, stated,
special, or regular meetings of the body of the organization. (Education Code 44987, 45210)
Religious Leave
The Superintendent or designee may grant employees up to three days of leave per year for
religious purposes, provided that the leave is requested in advance and that it does not cause
additional district expenditures, the neglect of assigned duties, or any other unreasonable
hardship on the district.
The Superintendent or designee shall deduct the cost of a substitute, when required, from the
wages of the employee who takes religious leave.
No employee shall be discriminated against for using this leave or any additional days of unpaid
leave granted for religious observances at the discretion of the Superintendent or designee.
Leave for Emergency Duty
An employee may take time off to perform emergency duty as a volunteer firefighter, a reserve
peace officer, or emergency rescue personnel. (Labor Code 230.3)
An employee who is a volunteer firefighter shall be permitted to take temporary leaves of
absence, not to exceed an aggregate total of 14 days per calendar year, for the purpose of
engaging in fire or law enforcement training. (Labor Code 230.4)
Legal Reference:
EDUCATION CODE
44036-44037 Leaves of absence for judicial and official appearances
44963 Power to grant leaves of absence (certificated)
44981 Leave of absence for personal necessity (certificated)
44985 Leave of absence due to death in immediate family (certificated)
44987 Service as officer of employee organization (certificated)
44987.3 Leave of absence to serve on certain boards, commissions, etc.
45190 Leaves of absence and vacations (classified)
45194 Bereavement leave of absence (classified)
45198 Effect of provisions authorizing leaves of absence
45207 Personal necessity (classified)
45210 Service as officer of employee organization (classified)
45240-45320 Merit system, classified employees
FAMILY CODE
297-297.5 Registered domestic partner rights, protections and benefits
GOVERNMENT CODE
3543.1 Release time for representatives of employee organizations
LABOR CODE
230-230.2 Leave for victims of domestic violence, sexual assault or specified felonies
230.3 Leave for emergency personnel
230.4 Leave for volunteer firefighters
230.8 Leave to visit child's school
233 Illness of child, parent, spouse, domestic partner or domestic partner's child
234 Absence control policy
MILITARY AND VETERANS CODE
395.10 Leave when spouse on leave from military deployment
PENAL CODE
667.5 Violent felony, defined
1192.7 Serious felony, defined
CALIFORNIA CONSTITUTION
Article 1, Section 8 Religious discrimination
UNITED STATE CODE, TITLE 29
2612 Leave requirements
UNITED STATES CODE, TITLE 42
2000d-2000d-7 Title VII, Civil Rights Act of 1964
COURT DECISIONS
Rankin v. Commission on Professional Competence, (1988) 24 Cal.3d 167
Management Resources:
WEB SITES
California Teachers Association: http://www.cta.org
California Federation of Teachers: http://www.cft.org
California School Employees Association: http://www.csea.com
Regulation ALPINE COUNTY UNIFIED SCHOOL DISTRICT
approved: April 8, 2008 Markleeville, California
Administrative Regulation
Maternity/Adoptive/Child Care Leave
AR 4161.6
Personnel
Leave for maternity purposes may be taken in one of the following three ways:
l. A leave of absence for maternity purpose (Maternity Leave).
2. Sick leave for maternity purposes.
3. Combining maternity leave and sick leave for maternity purposes.
Whichever option is chosen by the employee the following
rules shall apply:
1. Maternity Leave (Education Code 44965)
a. Maternity leave is provided female employees who choose to be absent from their duties
because of pregnancy or convalescence following childbirth.
b. The employee shall give notice of pregnancy to the district office, with the expected due
date, and a physician's certificate verifying the pregnancy. This shall be done as soon as
possible.
c. The employee shall, at the earliest date possible, in no event later than four (4) weeks
prior to the actual commencement of maternity leave, advise the district office of the date on
which she will commence maternity leave. She shall not continue to work beyond such date.
She may commence maternity leave at an earlier date only if she becomes physically incapable
of performing her duties, when certified by her physician.
d. An employee who has commenced maternity leave shall not return to her duties until
after her delivery or the pregnancy is otherwise terminated. She shall submit a notice of intent to
return four (4) weeks prior to resuming her position, request an extension of leave, or submit a
resignation if not returning. She may return to her duties as soon after delivery or termination of
pregnancy as she can provide a written statement, signed by her physician, certifying that she is
physically and mentally able to return to full-time employment. Maternity leave for a prior
pregnancy shall not be resumed after having returned to full-time employment.
e. The maternity leave shall not exceed one year. Employees commencing maternity leave
prior to the sixth school month shall return to work no later than the following September.
Employees commencing maternity leave after the fifth school month shall return to work no later
than the following January.
f. Maternity leave shall be without pay.
g. Sick leave may not be taken during the period of time an employee is on maternity leave,
unless the sick leave is for the condition of pregnancy, a sickness arising out of pregnancy, or the
recovery from childbirth.
h. Maternity leave does not interrupt earned years toward experience; however, the leave
itself does not count as experience toward advancement, unless the employee works at least
seventy five percent (75%) of the work days during the year.
2. Use of Sick Leave for Maternity Purposes (Education Code 44965)
An employee may apply for paid sick leave due to pregnancy when it is verified by a physician
that she is no longer able to work due to the condition of pregnancy or the recovery from
childbirth.
Should the length of sick leave exceed her accrued number of sick leave days, she will not be
entitled to extra days of sick leave, except as provided in code for reduced pay sick leave.
Sick leave for maternity purposes shall begin at the date the physician decides that continued
fulfillment of her duties would be detrimental to her health and shall terminate on the date her
physician decides she can return to her normal job responsibilities.
3. Combining Maternity Leave and Sick Leave for Maternity Purposes (Education Code
44978)
Nothing in Parts 1 and 2 above shall prevent an employee from combining maternity leave and
sick leave for maternity purposes for the same pregnancy. The employee shall designate, prior to
the first day of either type of leave, which days of absence shall be taken as maternity leave and
which days shall be taken as sick leave.
Legal Reference:
EDUCATION CODE
44965 Granting of leaves of absence for pregnancy and childbirth
44978 Provisions for sick leave of certificated employees (the right to use sick leave for
maternity purposes)
45193 Leaves of absence for pregnancy
Regulation ALPINE COUNTY UNIFIED SCHOOL DISTRICT
approved: 12/10/85 Markleeville, California
Board Policy
Political Leave
BP 4161.7
Personnel
An employee who is elected to the Legislature, Congress or other full-time political office shall
be granted, upon request, an unpaid leave of absence for the length of the term(s) in office.
The employee may be employed by the school district to perform such less than full-time service
requiring certification qualifications, for such compensation and upon such terms and conditions
as may be mutually agreed upon.
For a period of six (6) months after the term of office of the employee expires, the employee
shall be entitled to return to the position held at the time of election at the salary to which he/she
would have been entitled if he/she had not taken political leave. An employee hired to take the
place of a person on political leave shall not have any right to such position following the return
of the employee on political leave.
Taking a political leave shall not affect in any way the classification of the employee.
An employee on political leave is requested to notify the district of the date of his/her expected
return as early as possible.
Legal Reference:
EDUCATION CODE
44801 Leave of absence for employees elected to the legislature
44963 Power to grant leaves of absence
Policy ALPINE COUNTY UNIFIED SCHOOL DISTRICT
adopted: 12/10/85 Markleeville, California
Board Policy
Catastrophic Leave Program
BP 4161.9
Personnel
When a catastrophic illness or injury incapacitates an employee or a member of his/her family
for an extended period of time and the employee has exhausted all paid leaves of absence, other
employees may donate accrued vacation and/or sick leave credits to that employee under the
specific requirements of the district's catastrophic leave program.
Donations made under the catastrophic leave program shall be strictly voluntary.
(cf. 4161/4261 - Leaves)
(cf. 4161.1/4361.1 - Personal Illness/Injury Leave)
(cf. 4261.1 - Personal Illness/Injury Leave)
(cf. 4361 - Leaves)
Legal Reference:
EDUCATION CODE
44043.5 Catastrophic leave
Policy ALPINE COUNTY UNIFIED SCHOOL DISTRICT
adopted: January 12, 1999 Markleeville, California